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HomeMy WebLinkAboutO-187ORDINANCE / y 7. ' WHEREAS The Town of Fairhope is interested in the development of the Fly Creek Harbor and the develop- ment of the Eastern Shore Water Front Facilities. And Whereas, the United States Engineers have been in corres- fr withtt i p t i b p h i f F T pondence he own of about . a� this area and that to have a development of this nature accomplished it is necessary for responsible people, h a having a general know,ledge of the Water Front Development be interested in the matter. b x NOW THEREFORE Captain J.G. Seiber, J.W.Bonnel2,`;, J. E. Gaston, M.O. Bergin and A. G. McLean are appointed- rid^ as a Fairhope Harbor Commission and authorized -to lend .- their recommendation in the matter to the Town. It is further understood that this committee S.— r serve without compensation or authority to obligate ther,5.'n Town of Fairhope in any manner. :. Councilman Bradford moved that the rules which might otherwise prevent the ordinance being plat upon its final passage be suspended. Councilman Steele seconded. the motion. The motion being carried the roll was calledf, with the follgWing result: ,ryF Voting Aye: Mayor Klumpp, Councilmen Berglin, Bradford, Niemeyer, Overton and Steele. Voting Nay: None, F>Y' The Mayor declared the rules suspended whereupon Council- man Bradford moved the adoption of the Ordinance such motion having been seconded by Councilman Niemeyer, the Mayor put the motion. kA Voting Aye: Mayor Klumpp, Councilmen: Berglin, Bradford, Niemeyer, Overton and Steele. Voting Nay; None.. The Mayor declared the Ordinance duly adopted and signed the same. ' Councilman Overton introduced the following resolution and moved its adoption seconded by Councilman Berglin... BE IT RESOLVED BY THE TOV#N COUNCIL OF THE TOWN OF.. FAIRHOPE that for the purpose of paying the eneral'o pp k and usual operating expensesofthe Town of Fairhope, for ' the purpose of street improvements, for the purpose of k purchasing machinery and equipment Dor street improvements, and for the purchase of office equipment the Town of Dollars(120,000000) through 1�airhope borrow Twenty Thousand and by the issuance and sale of twenty (20) One Thousand' Dollar ($19000.00) time warrants, bearing interest at the '= rate of, not exceeding, four per cent (4%) per annum, and; z payable on or before the 31st day of December, 1949;.such warrants to be in words and figures substantially as� follows: {: STATE OF ALABAMA Y r TOWN OF FAIIIhOPE �+ The TOWN OF FAIRHOPE acknowledges itself indebted and promises to pay to or order, on or before the 31st day of December 1949 for." value received the sum 6f One Thousand Dollars ($1,000.00)',' with interest Irom date, at the rate of four per cent (4%) per annum, at the proper depository of the Town. This instrument is issued pursuant to law and an order of the Town Council of said town who represent that all provisions of"law have been complied with and that this it warrant is legal in all respects. ' IN TESTIMONY WHEREOF, we, the undersigned.Mayor and, members of the Council of the TOWN OF FAIRIIOPE, have here- unto set our hands and affixed the Beal of said town, this the ` day of January, 1949, ,. k 1' # • r � ��",�' i•.'.+„��. '" 4 �a .i � � t " t F.r r*y y :(,v � 'F F ( �+.`:. t 4rrt1 `t c 4. t ;•( 1,.� hx is i `^ j r ,,., 4 �.E]r'. �:' :rr. ¢ . rp , w k ,r s'. t +c"-.r x v 4 ,i--Fi Pr •-„r.� -�{` Y,sr4 a q X, *, ion by ;Councilman : Bergh n seconded: jay. Couaci man � r t . Bkadford that Ray Stephens 'building . permit as ame.ndad x�M1 be granted. Motion carried. x� ti . Y !• ,, � t� a,E� Tt Ras .duly moved and seca:nded that the meeting ad.j©tin: yJ • Y. 3 motion carried. ; ryes Mr �.� Approved: a ,ka ayor� J '► r,7� 1J� � T t .r qq fit"' ATTEST: Clerk r � t�•t; t `r. . '.:2 g y f dsk';d5 1. 'S Y } L�' S r.. x r'i. r ; t c` � .'p f . ✓ a n �• y d:+`' Y s':. }:;F3t V w �K r � +n,yr, � x"� 4... ! '�.^ t'' '� .J t �I f, � •.x (## .� -� t;f:}t �ar �� si. '` ".� � .a.� c w�.� , ..�.1>s ' : -r'�F4 t .dri �' 3 r a'i �r .• w :✓ "+kb rqt `'r; r` A,'° •C r W °9` �? :. d pl-t }y � x, .. w•i. vc ,u t i � s ' •�, ����<�l �� .� � vk tw-.�, y ti F� rt > � a � F : n E K � a r � ` ..• �; '�. '*� y,Y� i. ���* Y �w�M{��F� y�� �`'•c� � C^ 4��s ��`r.,� '� er � �i '� i � r�� 7 �x ¢ ai n , i �. �� '+sr,� ' �z ,�7 �{ !* u t j r L 'R i ' ". j �f.,56� a�.l;".:�••���.+S�a,� ,.� �.:��..s:1x.�+._ 4..+.b,t �i�s,c'�G.�i��„�^di«.'.'.',a.. �. D•:�. w.�t'�:...n5'� �• .�'~v.,.�YF��JY�d'4• `Y.:,. ... .. TT tion: :.hip, and Doing Business As, The the amount required by the Ala - ORDINANCE No. 186 City Bus Lines, is not operating bama Public Service Commission Granting to R. G. Mason and T. and in the judgment of the Town for like bus service outside of Mu- R. Mason, a partnership, and doing Council transportation over said nicipalities. The said insurance business as The City Bus Lines, a other route is necessary and de- policies or bonds of indemnity to franchise to operate motor buses Hirable, thirty days notice of said the amount required by this ordi- for the Carriage of passengers for application shall be given to the nance shall be in effect during the hire over, along and upon the ;;aid R. G. Mason and T. R. Ma- entire time such motor buses are streets, Avenues and Highways in son, a partnership, and Doing Bus!- in operation under this franchise the Town of Fairhope, Alabama, ness as The City Bus Lines, and and said bonds or insurance Pull - and its Police Jurisdiction. if he fails to furnish adequate and cies shall also contain a provision BE IT ORDAINED BY THE reasonable transportation over the that they shall not be cancelled TOWN OF FAIRHOPE, ALABAMA proposed new route or such portion except upon ten days written no - AS FOLLOWS: of the same as in the discretion tice by registered mail to the Town SECTION 1. The exclusive right of the Town Council will serve the Council. The said bonds or Poll' and privilege is hereby granted to needs of that particular part of the cies shall also hold harmless and R. G. Mason and T. R. Mason, a Town within the thirty days period, protect the Town of Fairhope ,partnership, and Doing Business a franchise may be granted to said against all claims against the Town As The City Bus Lines, for the new applicant for the operation' of for injuries of persons or property carriage of passengers for hire a motor transportation for hire over in any manner growing out of the over, upon and along the streets, said proposed route. use of the streets and avenues and avenues, alleys and highways of SECTION 5. Nothing in this orni• public highways in said Tow for the Town of Fairhope, Alabama, nance shall be construed as prohib- the operation of said ol- ve- and the police jurisdiction for and iting the operation of taxi cabs or hicles, and in the event ny suit in the consideration of the sum of jitneys under the rules, ordinances or any claim shall be filed against $1.00 and other valuable consider- grid the regulation prescribed for said Town of Fairhope or account ations and agreements hereinafter the operation of the same within of any alleged act of said R. G. set forth to be paid to the Town of the Town of Fairhope or its police Mason and T. R. Mason, a part- Fairhope by the said R. G. Mason jurisdiction, or buses operating be- nership, and doing business as, The and T. R. Mason, a partnership, and tween the Town of Fairhope and City Bus Lines, or any servant, Doing Business As, The City Bus other municipalities or through the agent or employee otherwise con - Lines, said franchise being gram- Town of Fairhope under the rules netted with the said R. G. Mason ed subject, however, to the condi- and regulations of the Alabama and T. R. Mason, a partnership, and tions, agreements and provisions of Public Service Commission. doing business as, The City Bus this ordinance herein after set forth SECTION 6. The said R. G. Ma- Lines, The Town of Fairhope shall for a period of twenty-five years son and T. R. Mason, a partner- give notice to the said R. G. Ma - from and after the effective date ship, and doing business as, The son and T. R. Mason, a partnership, of this ordinance. Said considera- City Bus Lines, may designate, sub- and doing business as, The City tion is to be paid upon the accept- ject to the approval of the Town Bus Lines, within ten days after the ante of this franchise by the said Council, bus stops and have the filing of any such claim or suit R. G. Mason and T. R. Mason, a right to equip the same with appro- and in the event of the judgment partnership, and Doing Business as, priate markers indicating to the against the Town on account of The City Bus Lines, and •subee- travelling public where the buses any of the acts complained of, the quent considerations are to be paid will stop. Adequate space or zones said R. G. Mason and T. R. Mason, as hereinafter stated. on which to transfer, receive and a partnership, shall pay said judg- SECTION 2. That as a condition discharge passengers shall be des- ruent and all costs of litigation in- to the existence of said franchise, ignated and other vehicles or motor eluding attorneys fee and shall fully the said R. G. Mason and T. R. Ma- vehicles or conveyances shall not and completely hold the Town of son, a partnership, and doing busi- be permitted to block, park in or Fairhope harmless. ness as The City Bus Lines, as interfere with the said bus stops, SECTION 11. The said R. G. utoresaid, shall operate reasonable to the end that the Town of Fair- Mason and T. R. Mason, a part - schedule with adequate equipment hope and the welfare of the pass- nership, for the privilege of oper- over, along or upon each street, engers and the public may be safe- sting motor -buses for the carriage avenue, or other public thorough- guarded. of passengers for hire under au7h- fare at such rates .as m?ff 'vouu1- SECTION 7. The character and ority of this franchise shall pay cil may from time to time as con- type of transportation or equip- to the Town of Fairhope one cent ditions warrant permit the lower -I, ment on all routes for general ser- per mile for each mile covered or ing or raising of the fares to b• vine shall consist of modern motor traveled by each bus operated in, charged and collected by the said buses propelled by internal tom- the Town of Fairhope or its police B. G. Mason and T. R. Mason, a bustion engines, using gasoline as jurisdiction. Said amount to Uo partnership, and doing business as, fuel. But with the approval of the based on the routes and schedules The City Bus Lines, and may from Town Council the said tranporta- approved and established by auth- �time to time make reasonable tion company may use buses other- c,rity of the City Council as pro - rules and regulations as may be wise propelled. vided in this ordinance. The said necessary with reference to the SECTION 8. All equipment and R. G. Mason and T. R. Mason, a transportation or carriage of pas- motor buses shall be of such size partnership, shall on or before the sengers for hire and police offices, and seating capacity adequate to 10th of each month succeeding the firemen and the carriage of school fulfill the needs of the routes over effective date of this franchise pay children. which the same are operated. The to the Town Clerk the amount due SECTION 10. The said R. G. motor buses shall be properly the Town of Fairhope under thi Mason and T. R. Mason, a partner- equipped, dependable and in rea- franchise, said amount when paid ship, and doing business as, The sonable good condition. All buses shall be accompanied by a detailed" City Bus Lines, shall obtain and shall be uniformly painted and all statement of the mileage traveled file with the Town Clerk and shall drivers shall be selected with care by each bus within the Town or its continue to keep the same in full and subject to all laws of the State police jurisdiction and the sched- force and effect a liability insur- of Alabama and of the Town of ules and route made by each 'bus, ante policy or bonds of indemnity Fairhope as to qualifications and during the proceeding month. At as the said R. G. Mason and T. character. Said transportation least one month in each calendar R. Mason, a partnership, and do- company shall also provide spare or fiscal year of the operation un- ing business as, The City Bus equipment to insure the required der this franchise the said R. G. Lines, may elect for the protection service at all times. Mason and T. R. Mason, a partner - of passengers and persons suffer SECTION 9. The said R. G. Ma- ship, shall file with the Town of ing injury, loss or damage to prop- son and T. R. Mason, a partnership, Fairhope a copy of an audit made arty by virtue of the operation of and doing business as, The City by a competent and qualified audi- motor buses under this franchise Bus Lines, shall maintain a reason- tor of the operation under this fran- and which bonds of indemnity of able, proper and adequate sched- chise for the previous year and insurance policies shall be with ule and service for the accommo- which audit shall set forth the companies or surities and with con- dation of its patrons and passeng- gross revenues of the said R. G. dition as shall be approved by the ers upon the initial route that may Mason and T. R. Mason, a partner - Town Council. Such bonds or poi- be established by the mutual con- ship, for the carriage of the pas- tcies shall be in the sum of not less sent of the said R. G. Mason and sengers for hire under authority than $5,000.00 for injury or deattr T. R. Mason, a partnership, and of this ordinance and which shall to any one person and not less than doing business as, The City Bus include passengers transported $25,000.00 for death or injury to Lines, and the Town Council. The within or partially within the Town eau'h person suffering injuries .n '[nrtial schedule shall be as con- of Fairhope or its police jurisdic- any one accident and not less than wined in a proposal submitted to tion whether the said passengers that the sum of $5,000.00- for dam ,the Town Council by the said R. board the bus within the city or age to property in any one accident G. mason and T. R. Mason, a part- its police jurisdiction, or departed such coverage to be for all vehicles I rership, and doing business as, The from the bus within the City or its used in transporting .passengers ;rty Bus Lines, The said R. G. Ma- police jurisdiction. Beginning the and ;or servicing vehicles and ,,on and T. R. Mason, a partner- first day of January, 1950, the said equipment used in connection with 'hip, and doing business as, The R. G. Mason and T. R. Mason, a the carriage of passengers for hire�!ouncil ity Bus Lines, •shall also by No- partnership, and doing business as, an,' tovided that the insurance re ember 12, 1948. file with the Town The City Bus Lines shall start pay- 1 shall ,be at least equal to the fares which is propos rng the franchise tax, and there ed shall be collected for the car- I �,, hP , _ _ his,, Tax char-1 ., of 1� privilege taxes exempt any motor vehicle used under the authority of this franchise from the usual and annual license for tags nor shall such vehicles of said R. G. � Mason and T. R. Mason, a partner- ship, be exempt from taxes on gas- oline, oils or other motor fuels used in the operation of said trspor- tation system. The operation of motor vehicles 1 under authority of this franchise shall be in accordance with all laws and ordinances governing the use of streets and highways by motor vehicles. That any violation of any part of this ordinance shall subject the offender to a fine of $100.00 and nat more than six months in prison, one or both. Tt shall be unlawful for any per= son to park or leave standing whether attended or unattended, ai,y vehicle in any place reserved for, designated, or set aside as a bus stop_within the Town of Fair - hope. This franchise, or any rights or privileges granted under authority of this or any subsequent or amended ordinance, shall not be sold, assigned, or used by any per son, firm or corporation, except as the Town Council may by appro- I priate ordinance authorize the sale or use of said franchise or rights granted herein. The Town Council may cancel or revoke this franchise, in whole or in part, for the failure to pt{y the franchise or privilege tax here- i in provided as the same is, to Pej paid, and for the failure to carry) out or perform any material sub- stantial provision contained here- in. The said R. G. Mason and T. R. :Mason, a partnership, shall pay to the Town Clerk within thirty days after the effective date of this or- divance all expenses for the publi- cation and preparation of this frap- chise. This ordinance shall take effect'' upon its adoption and approval. Read adopted, and approved, this i the 12th day of November, 1948.' Approved T. J. Klumpp, Mayor Attest: R. C. Yohn, Clerk. Councilman Niemeyer moved that the rules which might otherwise prevent the ordinance being put upon its final passage be suspend- ed. Councilman Steele seconded the motion. The motion being car- ried the' roll was called with the following result: (Voting Aye: Mayor Klumpp, Councilmen Derglin Bradford, Nie- meyer, Overton and Steele. Voting Nay: None. The Mayor declared the rules suspended whereupon Councilman Berglin moved the adoption of the Ordinance such motion having been seconded .by Councilman Bradford, the Mayor put the motion. Voting Aye: Mayor Klumppi Councilmen: Berglin, Bradford, Nie- meyer, Overton and Steele. Voting Nay: None. The Mayor declared the Ordi- nance duly adopted and signed the same. It was duly moved . and seconded that the meeting adjourn. Motion carried.'' so e Approveu:. T. J. Klumpp, Mayor,, Attest: R. C. Tabu, Clerk_