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HomeMy WebLinkAbout10-02-1972 Organizational MeetingSTATE OF ALABAMA COUNTY OF BALDWIN Minutes of the City Council of the City of Fairhope, of its meet- ing held on the 2nd day of October, 1972, being the first Monday in October, the same being the Organizational meeting of the said Council held at the City Administration Building, 387 Fairhope Avenue in the City of Fairhope at 7:30 P.M. Present at said meet- ing: James P. Nix, duly elected as Mayor and David E. Bishop, Barney L. Shull, 011ie E. Deese, Henry G. Bishop and Sam E. Box, duly elected Councilman at the General Municipal Election, each of whom subscribed to the oath of office in words and figures as follows: STATE OF ALABAMA COUNTY OF BALDWIN CITY OF FAIRHOPE I,�, solemnly swear that I will support theConstitution of the United States and the Constitution of the State of Alabama, so long as I continue a citizen thereof;jand .that I will faithfully and honestly discharge -the duties of the office upon which I am about to enter, to the best of my ability, so help me God. 11 Signed Sworn to and subscribed before me this the 26day of October, 1972. Signed Notary Public is Marie Moore, the former City Clerk was also present and acted as Clerk of the meeting. Rev. H. B. Shepherd gave the Invocation. The Mayor and City Council having been duly elected and qualified and all being present, the Mayor called the meeting to order and announced that the first order of business was the election of Clerk and Treasurer. Mayor Nix nominated Marie Moore, there being no other nomination, Councilman Box moved, seconded by Councilman Shull that Marie Moore be elected as City Clerk and Treasurer. Motion carried unanimously. Motion by Councilman Box seconded by Councilman D. Bishop that all administrative officers and employees of the Municipality shall continue in their respective duties temporarily pending such time as the Council shall make permanent appointments. Motion carried unanimously. Motion by Councilman Shull seconded by Councilman D. Bishop that Councilman Box be appointed as Mayor Protem. Motion carried. Councilman Shull introduced the following Ordinance: ORDINANCE NO. ` VY . BE.IT'ORDAINED BY THE COUNCIL OF THE CITY OF FAIRHOPE, ALABAMA, that the order of procedure in all instances from meeti.ngs of the Council shall be is follows SECTION I. That the.rules or order of procedure herein contained shall govern deliberations and meetings of the Council of the City of Fairhope, Ala- bama. SECTION 11. Regular Meetings.of the Council shall be held on the following dates: The 2nd and 4th Monday nights of each month at 7:00 PM. SECTION III. Special meetings may be held at the call of.the Mayor by serving notice on each member of the Council.not less than TWENTY-FOUR (24) KOURS before the time set for `such Special Meeting; or Special Meetings may be held as provided by SECTION 430, Title 37,�of the Alabama Code of 1940, when ever two Councilmen (or the Mayor), request in writing that the Presidi..ng Office] call such meeting; upon the failure or refusal of the Presiding Officer to call such meeting when requested, the two Councilmen (or the Mayor), maki.ng the re- quest shall have the right to call such meeting. SECTION IV. 'A Quorum shall be determined as provided by SECTION 429 of Title 37, of the'Alabama Code.of 1940 as recompiled in 1958. SECTION V. All regular meetings shall convene at the Administration Building at the City Hall and all meetings, regular and Special, shall be open to the public. SECTION VI. An Agenda shall be prepared'by the City Clerk for all business to come before each regular meeti.ng, and all business to be transacted shall be put on the Agenda not later than Friday Noon before the next regular Council meeting on the following Monday n%ght. SECTION VII. The Order of Business shall be as follows: (1) The call to order (2) Roll Call (3) Reading of the Minutes (4) Reports of Standing Committees (5) Reports of Special Committees (6) Report of Officers SECTION'VII. The Order of Business (continued) (7), Reading of Petitions, applications, complaints, appeals, communications, etc-,, (8) Auditing Accounts (9) Resolutions, Ordinances; Orders, and Other Business SECTION VIII. No Member shall.speak more than twice on the same subject without permission of the Presiding Officer. SECTION IX. No person, not a member of the Council, shall be allowed to address the same whJle.:1n session without permission of the Presiding Officer. SECTION X. Every Officer, whose duty it is to report at the regular meetings of the Council, who shall be in default thereof, may be fined at the discretion of the Council. SECTION XI. Motions shall be reduced to writing when required by.the Presiding Officer of the Council or any Member of the Council. All resolutions and ordinances shall be in writing. SECTION XII. 'Motions to reconsider must be by a member who voted with the majority, and at the same or next succeeding meeting of the Council. SECTION XIII. Whenever'it shall be required by one or more members the "yeas" and "nays" shall be recorded; and any member may call for a division on any question. SECTION XIV. All questions,of order shall be decided by the Presiding Officer of the Council with the right of appeal to the Council by any member. SECTION XV. The Presiding Officer of the Council may, at his discretion; call any member to take the chair. to allow him to address the Council, make a motion, or discuss any other matter at issue. SECTION XVI. Motions to lay any matter on the table shall be first in order; and on all questions, the -last amendment, the most distant day, and the largest sum shall be ftrs,t put. SECTION XVII. All meetings.of the Council shall be public. SECTION XVIII. A Motion for adjournment shall always be in order. SECTION XIX. The rules of the Council may be altered,'amended or tem- Jporarily suspended by a vote of two-thirds of the members present. SECTION XX. The Chatrman.of each respective committee, or the councilma acting for Kim in his place, shall submit or make all reports to the Council when'so requested by the Presidl.ng.Officer or any member of the Council. SECTION XXI. All ordinances, resolutions or propositions submitted to the Council which require the expenditure of money shall lie over until the next regular meetl'ng; provided, that such ordinances, resolutions, or proposi- tions may be considered earlier by unanimous consent,of the Council; and pro- vided further, that this rule shall not apply to the current expenses of, or contracts previously made with, or regular salaries of Officers, or wages of employees of the City. SECTION XXII. The City Clerk, City engineer, City attorney and Chief of Police, and Superintendent of Utilities, and such other Officers or employ ees of the City of Fairhope shall, when requested, attend all meetings of the Council and shall remain in the Council room for such length of time as the Council may direct. SECTION XXIII. No ordinance or resolution of a permanent nature shall be adopted at the meet1ng at which. it is introduced unless unanimous consent be obtained for the immedi,ate.consideration of such ordinance or resolution, such- consent shall be by roll call and the vote thereon spread on the Minutes. SECTION XXIV..'This ordinance shall go into effect upon the passage and publication as required by-law. Approved thl s the ��' day. of .../.: i.... 1972. Passed and approved ,,._day of ���;� 1972 2 CLERK Q Councilman Boa moved that all rules governing the Council which might, unless suspended, prevent the passage and adoption of the Ordinance at this meeting, be and the same are hereby suspended for the purpose of permitting the said Ordinance to be finally passed and adopted atthis meeting. Councilman H. Bishop seconded the motto and on roll call the following vote was recorded: Yea: Mayor Nix, Councilmen: D. Bishop, Shull, Deese, H. Bishop and Boa. Nays: None. The Mayor declared the motion adopted. Councilman Shull moved that the said Ordinance be finally passed and adopted as introduced Councilmen D.Bishop seconded the motion.- Mayor Nix put the questio of final passage and adoption of said Ordinance to vote of Council and on roll call the results were as follows: Yea: Mayor Nix, Councilmen: D. Bishop, Shull, Deese, H. Bishop and Box. Nays: None. Mayor Nix stated that Ordinance No. Oe finally passed and adop ed as introduced. Motion by Councilman Box seconded by Councilman Deese that the following Resolution be adopted. RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAIRHOPE, ALABAMA that checks drawn on any and all funds of the City of Fairhope, Alabama shall be signed by James P. Nix, Mayor and Marie Moore, City Clerk and banks in which accounts of the City of Fairhope are carried are hereby authorized and directed to honor checks drawn on City funds signed as herein above provided. Motion carried unanimously. It was duly moved and seconded that the meeting adjourn. Motion carried. Attest: i R 9 R•R w � # r t STATE OF ALABAMA COUNTY OF BALDWIN CITY OF FAMHOPE I, SAM E. BOX, solemnly swear that I will support the Constitution of the United States and the Constitution of the State of Alabama, so long as I continue a citizen thereof; and that I will faith. fully and honestly discharge the duties of the office upon which I am about -to enter, to the best of my ability, so help me God. Sworn to and subsoribed before me this the 2nd day of Ootober, 1972 4 { i. n ISTATE'OF ALABAMA ICOUNTY OF BALDWIN CITY OF FAIRHOPE I, HENRY G. BISHOP, solemnly swear that'I will support the Con- stitution of the United States and the Constitution of the State of Alabama, so long as I continue 'a oltizen`,.thereof;,.,and that I i 3� will faithfully and honestly disoharge the duties of the office upon which I am about to enter`,, to the best' of 'my' ability, so help me God. Sworn to and subsoribed before me this the 2nd day of October, 01 1972. 16 c STATE OF ALABAMA COUNTY OF BALDWIN CITY OF FAIRHOPE Is OLLIE E. DEESE9 solemnly swear that I will support the Constit tion of the United States and the Constitution of the State of Alabama, so long as I oontinue a oitizen thereof; and that I will faithfully and honestly disoharge the duties of the offioe upon whioh I am about to enter, to the best of my ability, so help me God. Sworn to and subsoribed before me this the 2nd day of Octobers 1972. a 9 STATE OF ALABAMA COUNTY OF BALDWIN CITY OF FAIHHOPE I, Barney L. Shull, solemnly swear that I will support the Con- stitution of the United States and the Constitution of the State of Alabama, so long as I continue a citizen thereof; and. that I will faithfully and honestly discharge the duties of the office upon which I am about to enter, to the best of my ability, so help me God. Sworn to and subscribed before me this the ?nd day of Ootober, 19720 R I STATE OF ALABAMA b COUNTY OF BALDWIN CITY OF FAIAHOPE I, DAVID Ee BISHOP, solemnly swear that I will support the Con- stitution of the United States and the Constitution of the State of Alabama, so long as I continue a citizen thereof; and that I will faithfully and honestly discharge the duties of the office upon which I am about to enter, to the best of my ability, so help me God, Sworn to and subscribed before me this the 2nd day of October, 1972e STATE OF ALABAMA COUNTY OF BALDWIN r r r CITY OF FAIRHOPE I, JAMES P. NIX, solemnly swear that'I'will support the Constitu- tion of the United States and the Constitution of the State of Alabamaq so lon g as I oontinue a citizen thereof; and that I will faithfully and honestly disoharge the duties of the offloe upon wh1oh I am about to enter, to the best of my ability, so help me God. Sworn to and subsoribed before me this the 2nd day of October, 1972. nP IT REROLVFD SY TFIF CITY COUNCIL OF THE CITY OF FAIPPOPF,14 ALABAPA, that WFUAI, it is the opinion of the City Council of the City of Psirbope thrt tk-e public hen1th and public zood require thpt certain territory shell be brought within end ennexed to the corporate limits if the City of Fntrhope; sand WIWFAS. the City Council deems it expedient P0, economiepl to ep-ply for the mnnexetion of avid territory ti the corporate limits of the City of Pplrl-ope by the pnsss.-e of a Locel I,nw in the Legisleture of Alsbpmp; and WN"EAS, the City Council has opused to be prepered n Pill for introduction In the Legisleture of Alrbnmv, scour- ntely describing said territory, to accomplish the nnnexetion of said territory to the corporate limits of the City of Feir- hope. r1rbvlmmi; ".1w, therefore. BE IT rrsofxr-m BY THR CITY COUNCIL OF THE CITY OF FATFJ4OP"7. Arx.,or,A,. se foilovq: (1) That the Mayor of the City of F91rhope be Snd he hereby is directed tD cause tie folloa-Ing notice to be pub - lisped in tll�e FF,'Arh-)ne Courier, n nmpvsppner of Ferergl cir- I culption published In '-Irldwin County, Alabama, once a week for four consecutive weeks, commencing on the, day of 19610 to-rito. t r 1. ARRA NORTH AND E"T OP PP75ENT CITY LIMITS' HOti MARIFS s Hounded by a line described Ps follows. to -wits Segin at the Southweet corner of 1.ectlon 169 Township 6 "louth, flange 2 Fast. run thence "pat along the section line, 1/8th of P mile; thence run !forth Pnd parallel to the West boundpry linen of Sections 16, 9 end 4, in said Township 6 "outh, Ranges 2 Feet, to the Northenst corner of Vest 1/2 of the !'W 1/4 of the 1W 1/4 of Faction 40 TF", F27; thence run Was3t, pernliel to end 1/4-Mil; disstnnt from the '7oath boundary of tseld section 4, and the aPme extended Vestwardly, 5/eth of r miles, more or less, to the presently existing North Fast Corner of the CorporsteA LImits of the City of Fair - hope; tknerce, following the existing corpornte3 limits: boundery. run South. rest Pnd ^oath to the Point of Seg-Irving. The Prep covered contnining approximptely 500 Peres, lying in "ections 4, % 9, 16 Pnd 39 in ;spiel Tovnehip 6 south, Range 2 rosst, Daldwin County, "Aabsms. 2. AFrA "70T)TR OF PPT'"' - NT CITY L D, ITSs Bounded by a line described as follorte, to -wit: From they Northeast "orner of the Southwest 1/h. of the Northwest 1/4 of "ection 20 of Township 6 South, £tinge 2 'tasat, Pecording to the Official IT, Survey Township Pleat of spid Township. which paint is on the 14outh boundary of the corporate Limits: of the City of Fn1rhope Ps the some presently exists, Pe P POZ?v'T OF P"OINNINGs Punning thence South 1/4th ofs vile, to the r^st_Vest 1/2_sectinn line through spill "eection 20; thence run W> st slong said 1/2_ section line, 1/4 mile, more or less, to the 1/2- mile corner on the section line dividing :section 19 Pnd 20 in said. Township, r-hich point is in the €epprox_ imete center of P water way known rss BIG HEAD GULLY: thence runs Weetwardly Plong the center of seid Gully ne and One Iusrter exiles, more or less to the present loath boundary of said corporate limits of arid. City of Fnirhope; thence running root Plong the said present Corpornte Limits South Houndsry. One end `?net— uPrter miles, more or lease, to the Point of Beginning. The area covered cortPinintg approximately 100 Peres saitunted. in 'Section 19 and 20. in spid Townehip 6 South, Fenge 2 'asat, and ell lying within they limits of the 3aron de rerriet Grent, said Tovnship and Fpnge. ='te it fisrther provided thst no municipal gd vnloree m tpxess pupil bee ch^reed 2g' insxt said property until the folloving municipal services ere furnished sofa Prep, to -wits Police protection. fire protection, City plenning end zoning, gerbege oolleection, Ps and water service steal b `y rendered to tbo xs-i�6p*ty Ana rorssorp "= r 't"t t therein �r map -deg eveilsble to them. The City Council of the City of Fesirhope, each year when it asdopts nn ordinnnce esssesssing reel property within the City of Fairhopee for Rd velorem taxation shell describe In vaid ordinance the Pren which We previously been subject to the city*o ad vplorem Oyetion end AM describe In addition thereto such other Prees within the boundaries In which the City Council Is furnishinF all of the Pbove described services luring the yepr for which spid el vplorem Vex 0 being levied; and said ordinance chpll Aso describe the Press within the City of Fairkope where all of meld services ere not being ren- dered and shell exempt such Press frim city ad valorem Wntion for said yerr, section Pe My roads or streets which are loceted In these weep which are exempted frost ed vplorem texation by the City of rnirhope shall be mrintpined by the County of Baldwin until such time Ps aforesaid Press ere Pasessed for the City of Fair_ hope Pd Morem texotion, "eotion 7, Obould any section, provision or pert of this Vt. be declsred unconstitutionpl or void by Pny Court of competent Jurisdiction it shnll not affect the validity of the remmining sections, prnvislone or ports of this rot, Action 4, That thie pot shall become effective upon Its psssnCe 00 rpprnvnl by the Governor, or upon its otherwise becoming P Inv. Councilman Nelson moved that the annexation be tabled wlfrich motion was seconded by Councilman Gaston. Upon being put to vote the foltowing vote was recorded, Voting. Fors C ounc i l men Gaston and Nel son. Voting Against: C ounc i t men Boone, Poser and Schermer. Motion defeated• The. Mayor then cal lead for a vote on adopting the Annexation! Rgsolut ion with the fol=lowing results Voting Fora Mayor Schneider, Councilment Boone, Poser, Schermer. Voting Agei nst: C ounc. iA men Nelson and Gaston. Motion carried. Mot oni by C ounc i lman Nelson secondted by Counc.i Iman Boone that the C i ty emptoy C Lauder Arnold, Engineer, at a cost of $600.00, to get .rights -of -way and survey M i dd I e Street from Young Street to Ingleside Avenue, Mr. Arnold agrees to get 9C% of rights• -of way. Upon being put to vote the following vote was recorded,. V of i ng for: Counc i I men Boone, Gaston,, Nei son and Poser. V of i ng Against: Councilman Schermer. Motion carried. Motion by Counc i I man Poser seconded by C ounci I man Nelson that the following biIis be approved for payment: Motion carried; Thee Fa i rhope C our i er $ 50.67 Goodyear Tire and RubbeO Co, 32.14 John M. Warren 67.49' Wajlter Brothers 9.15 Gaston. Motor Co., Inc. 39.16 Garden Center 7.60 Wi tttchen Chemical Co. 57.38 Fairhope Laundry 17.85 Poser Printing Co..* Inc. 38.30 Fai rhope Haardwere and: Suppty 3.92 Standard Service Station 1.00 Fairhope Service Center 21.13 Andrews Restaurant 7.20 Moore Supp 1 y Co. 47.13 Merritt tt 0 i L Co. L5 •$8 Material Sales Co., Inc. 7.02 Burroughs Corp. 1.5.60 E. 0. R ickarby 2t.90 Modern Sign Shop 7.50 Mobi to, Harley-Davidson Co. 11.15 McKean Pwint and Hdwe. 9.68 Melton Garage L03.80 Eastern Shore Cleaners 26.00 Bedso l es 34.5 0 Bidgood Stationery Co. 13.00 Wel ter K id:de Sa I es and Sere i ce 12,00 F. H. Ross and. Co. 112.85 Hartfteld and Co. 34t.88 Standard 0it '*�o.. 546•85, Standard Equipment Coo 370.63 Gu I f Coast Sports and Marine Dist. 14.L12 Jno, S. Huffman Ins. 23.09 J: R. Mitchell, 40.00 United Gas Pipe Line Co. 4,015.46 Federal Sign ands: i gnarl Corp.. 3.00 McCoi n Uniform Co. 23.00' Turner Supply Co.. 67-41 Moore -Handley Hdwe. 6.57 Halilett Mfg. Cov 191.91 Molter Supply Co., Inc. 182.72 M, & H Valve and F i tt i ngs Coo. 41-94 Muel.l.er Co. 462•�9 Marine Specialty 27.75 R-ivierrx Utituties 7,569.19 lit, was duly moved and secondedthat the meeting adjourn. Motion carried. APPROVED ATTEST ��. �� 94.1 LEGAL NOTICE STATE OF ALABA.14AO COUNTY 4F BALDWIN* Notice is hereby givers pursuant to Section 106 of the Con. stitution of Alabama 1901 that application will be made to the Legislature of Alabama for the enactment of a local law, the substance of which is as followst A Bill To Be Entitled An Act To alter or rearrange the boundary lines of the City of Fair. hope, Baldwin County, Alabama{, so as to include within the corporate limits of said City all territory now within such corporate limits and also certain other territory contiguous thereto, in Baldwin Pounty, Alabama, and to provide that the property annexed to the City of Fe1rhope be exempted from all municipal ad valorem taxes until the following municipal serv- ices are rendered said area, to..wit a Felice protection, fire protection, City planning and zoning,' garbage collection, gas and water service shall be rendered to the property owners and persons residing therein or made available to them. And, to require the County of Baldwin to continue to maintain the streets and roads in such added territory until such time as the same is assessed for taxation by the City of Fairbope. BE IT ENACTED BY THE LEGISLATURE OF ALABAMA; Section 1. That the boundary lines of the City of Fai.rhope, Baldwin County, Alabama, be, and the some are hereby altered or rearranged.so as to include all of the territory Heretofore encompassed by the corporate limits of the City of Fairhope and in addition thereto the following described territory, to -wit: (Cont1d qj 1. AM NORTH AND EAST OF PRESENT CITY LIMITS Bt3%N'DAR.TESs.'- Bounded by a line described. as follows, to..wits Begin at the'Southwest corner of Section 16 Township 6 South, Range 2 East, run thence East along the section line., 1/6th of a mile; thence run North and parallel to the Vest boundary lines., of Sections 160 9 and 4, in said Township 6 South, Range 2 East, to the Northeast corner of- West.. l/2 of the `Sty 1/4 of the SW 1/4 of Section 4, T6S, 82E; thenoe run West., parallel to ,and 1/4-mile distant from the South boundary Of said section 4;; and the same;;extended Westwardly, 5/8th of a mile, more or.lese, to the presently existing North East Corner of the Corporate Limits of the City of Fair - hope; thence, following the existing corporate limits boundary, run South, Best and South to the Point .of Beginning. ThO area covered contaioing approximately 500 acres, lying in Sections 4, 8,9, 16 and 39 in said Township 6 South, Range 2 BBast., Baldwin County,. Alabama. 2. AREA SOUTH OF PRESENT CITY LIMITS: - Bounded by a line described as follows, to -wits From the Northeast Corner of the Southwest 1/4 of the Northwest 1/4 of Section 20 of Township 6, South, Range 2 East, according to the.; Official t3.. Survey Township Plat of said Township, which point is on the South boundary of the corporate Limits'of the City of Fairhope as the same presently exists, as a POINT OF'BEGINNING'i Running thence South 1/4th ofa mile, to the East-Wes.t .1/2-section line through said Section .2pt thence run West al bg said 1/2_' section line, 1/4 mile, more or less, to the 1/2_ mile corner on the seot�on line dividing section 19 and 20 in said: Township'9 which point is in the approx. imate center of a water -way known as BIG HEAD GULLY: thence run Westwardly along the center of said Gully One and One quarter miles, more or less to the present South boundary of said corporate limits of said City of Fairhope; thence ruining East along the said. present Corpo-fate Limits South Boundary. One and One_ Quarter- miles, more or less, to the Point of Beginning. The area covered containing approximately 100 acres situated in Section,19 and 20, in sold Township 6 South, -Range 2 East, and all lying within the limits of the Baron de Ferriet Grant, said Township and Range. Be it further provided that no municipal ad valorem taxes shall be charged.against said property until the following municipal services are furnished said area, to -wit: Police protection,, fire protection, City planning and zoning, garbage collection, gas and water service shall be rendered to -the property owners and persons residing therein or made available to them. The City Council of the City of Fairhope, each year whenit adopts an ordinance assessing real property within the City of Fairhope for ad valorem taxation shall describe (Cont'd) In said ordinance the_area which has previously been subject to the eltyts ad valorem taxation and shall describe in addition thereto such other areas within the boundaries in which the City Council is furnishing all of the above described services during the year for which said ad valorem tax is being levied; and said ordinance ohgll also describe the areas within the City of Fairhope where all of said services are not being ren- dered and shall exempt such areas From city ad valorem taxation for.said year. Section 2. Any roads or streets which are located in these areas which are exempted from ad valorem taxation by the City of Fairhope shall be maintained by the County of Baldwin until such time as aforesaid areas are assessed for the City of Fair.. hope ad valorem taxation. Section 3. Should: any section, provision~ or part of this Act be declared unconstitutional or void by any Court of competent Jurisdiction it shall not affect the validity of the remaining sections, provisions or parts of this Act. Section 4.` That this act shall become effective upon its passage and approval by the Governor, or upon Its otherwise becoming a law..