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HomeMy WebLinkAbout11-26-1973 Regular MeetingJ • 1 1 STATE OF ALABAMA COUNTY OF BA.LDWIN The City Council of the City ofirhope met In regular session P".hnday, November 26y 1973 at 7400 P.M, at the City Administration BuIldingy 387 Fairhope Avenge, with the following members present: Vayor James P, Nix, Councilment David (Ed) Bishop, H, G, Bishop, Sam E, Box, 011ie E, Deese and Barney L, Shull, Minutes of the previous regular meeting were corrected and approved. Ordinance # '516, An Ordinance Amending Zoning Ordinance #295, by rezoning i?yas property was brought up for final approval or dis- approval.:._ Counoilmen Barney Shull presented a statement in favor t of the rezoning and moved for final adoption of Ordinance #516 which was : introduced at previous meeting, Councilman 011ie Deese seconded the motion and on roll call the following vote was recorded: Yeas: Councilmen: Barney Shull and 011ie Deese, Nays: Councilmen: Ed Bishop, H. Go Bishop and Sam E. Box. Notion defeated, Motion by Councilman .Box that the City go on record as accepting the recommendations of the Planning and Zoning Commission of not rezoning Dyas property, motion seconded by Councilman Ed Bishop, Upon being •per to vote the following vote was recorded: Yeast Council. men t Ed Bishop,. H. G. Bishop and Sam E, Boa, Nays t Councilmen: Earney L, Shull and 011ie Deese, Motion carried. This being:data set for opening bids cn trucks, the following bids were received: - Gaston Motor Companyt One i - 1973 Currier Pickup $29415-80 One - 1/2 T 1974 Pickup 29645.37 One 1974 Model tF250 Pickup (Less Trade) 29443.76 Steber' Chevrolet Co. One-,.1974-Luv Pickup 2,422.40 One •- 1974 1/2 T Pickup 21478,72 Vie . 1974 Model CC20, 903 (With trade) 2,539967 Motion by°Councilman Boa seconded by Councils El Bishop that City accept bid -of Gaston Motor Company on 1974 Model 1`250 Pickup In the' amount of 42, 443, 76 and bid of Steber Chevrolet Company on 1974 LUST In the amount of 429422*40 provided bids meet speoifioa.. turns, Motion carried* Councilman -Sam Boa Introduced the following Ordinance: 0 , i r ' Section 7: COMMERCIAL RATES OUTSIDE.THE CITY LIMITS OF FAIRHOPE .1. Minimum Bill $10.90 per month 2.. 50O units or over per month - per unit Section 8: BILLING DEMAND The billing demand shall be the maximum daily demand established during any , day of thetwelve months ended with current billing. Such. demand may be measured, or at the option of the Company be estimated -� at 1/30th of the maximum monthly delivery during such twelve months: Section 9: LARGE INDUSTRIAL USERS WITHOUT THE CITY LIMITS OF FAIRHOPE For large industrial users without the'City Limits of the City of Fairhope, the rate shall be such as may be negotiated between the City and the User. ' 1 !; Section ' 10:' CHARGES ;! There shall be a charge.of Fifteen'($15.O0).Dollars for disconnecting and 1 1 ithen reconnecting of services for any Individual user. ± ;; Section'll: INCREASE i I There is hereby established an automatic_ rate increase or decrease whenever ithe supplier of natural. gas to the City of Fairhope increases or decreases its 1 rates, and the increase and decrease shall be*based on a formula based upon the E percentage paid by the City of Fairhope for its wholesale rate in comparison with i i;ts retail rate to its users in accordance with all prior sections set out. There shall be no further action by:the Council either for a rate increase or decrease, but shall be automatic when the supplier of natural gas to the City of Fairhope either increases or decreases its wholesale rate. } j Sectibn,.12: SEVERABILITY CLAUSE H If any Section of this Ordinance shall be declared unconstitutional by a } Court of competent jurisdiction, all other Sections herein shall remain in full force and effect. { , Section.l3: EFFECTIVE , This Ordinance shall become effective January 1, 1974, after its due adoption d and publication. ATTEST: CITY CLERK MAYOR t i� p•� i Motion by Councilmen Sam Box seoonded by Councilman Ed Bishop that Kiwanis be granted permission to install benches as request- ed and further that they be oomamded for their efforts* lotion carried. . Councilman, Barney Shull nominated ter• Robert Mitchell, Councilman H. G. Bishop nominated Mr. Don Wiggins and Councilman Sam Box nominated Mr. John Beasley to serve on the industrial Board. Councilman Barney Shull moved' seconded by Councilman Ed Bishop that the nominations be accepted. Motion carried. Couno ilman Sam Box introduced the following Ordinance:. - ORDINANCE NO. AN ORDINANCE TO AMEND ORDINANCE NO. 174 ADOPTED ON THE 22nd DAY OF-JANUARY, 1946. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAIEHOPE, ALABAMA THAT ORDINANCE NO. 174 IS HEREBY AMENDED TO READ AS FOLLOWS: Section 1. Any person, firm or corporation committing sn offense within the corporate limits of the City of Fairhopey Alabama or within the Police Jurisdiction thareof, which is declared by a lair or lags of the State of Alabama now existing or hereafter en- acted . . to be a misdemeanor, shall, upon conviction, be punished by a fine of not less than $1.00 nor more thah $200,009 and in addition thereto, maybe,imprisoned or sentenced to hard labor for the City of Fairhope, Alabama -for a period not exceeding six(6) months, at the discreation of the Court trying the case. Section 2, This Ordinance shall become effective upon its adoption and publication. Adopted and approved this the y of 1973• Attests City Clerk Mayor 1i Councilman Barney Shull moved that all rules governing the Council which night,, 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 r to be finally passed and adopted at this meeting, Councilman 011ie Deese seconded this motion. The question was put before the council and on roll call the wrote was as f011oats: Yea t Council- man Ed Bishop, H, G. Bishop, Saip E. Boa, 011ie E. Deese and Barney Shull. May: None, Motion adopted by unanimous vote. Councilman Sam Boa mowed that said ordinance # be finally passed and adopted as introduced, Counollman Sam Box seconded this motion. The question was put before the council and on roll call the -vote was as follows s Yes: Councilmen: Ed Bishop, H. G. Bishop, : Sam Z6 Box, 011ie E, Deese and -Barney L, Shull, Nays None. Motion carried and Ordinance #_____finally passed and adopted as introduced.. Motion made, seconded and carried that the meeting adjourn, Approved: Flayor Attest: City Clark 0 f ^ •v BYLAWS FQR FAIRHOPE PLANNING COMMISSION ARTICLE I Objectives The objectives and purposes of the planning and zoning commission of the City of Fairhope, located in Baldwin Coun- ty, State of Alabama, are to promote the health, safety, mo- rals, and general welfare of present and future residents, and to bring about the coordinated and efficient development of the City of Fairhope, Alabama, and to provide assistance to the Mayor and City Council in the preparation and mainte- nance of a comprehensive plan for the city. The plan shall include basic maps and physical data, population and economic study, land use analysis, land use plan, major thoroughfare plan, community facilities plan, neighborhood analysis, the housing element, public improvements program, capital budget program, subdivision regulations, mobile home park ordinance, and zoning ordinance and map, and such other responsibilities as may be assigned..from time to time. The powers and. duties shall consist of those designated in the Alabama Code of 1940 with amendments and supplements thereto. ARTICLE II Members & Their Terms of Office The Planning Commission shall consist of nine members; the terms of office shall be as follows: * one member shall be a member of the City Council * one member shall be the Mayor * one member shall be an employee of the city appointed by the Mayor The Mayor, city employee, and the representative of the city council terms shall correspond to their current elected term of office. Six members shall reside or have as their principle place of employment in the City of Fairhope, Alabama, or its immediate environs thereof, and appointed by the Mayor of the city on recommendation by the Planning Commission. Members of the Planning Commission shall be persons who hold, no other public office in the city. The terms of these mem- bers shall be for.six years, except that in an appointment of the first Planning Commission, the first member shall be appointed for a term of one year, the second member shall be appointed for a term of two years, the third member shall be appointed for a term of three ,;ears, the fourth member shall be appointed for a.term of four years, the fifth member shall be appointed for a term of fiv, years, and the sixth member shall be appointed for a term or six years, and each reap- pointment shall be for a term of six years, each with eligi- bility for reappointment. The vacancy of a membership shall 0 -1- be filled for the unexpired term by the Mayor who shall have the authority to remove a member for cause, upon written charges, after public hearing. A1.1 members serve without compensation, but shall be reimbursed for actual expenses incurred in connection with their official duties. The Mayor, the city councilman, and the city employee shall be ex-officio members of the Planning Commission, having full privileges by participation in the business of the Planning Commission including voting privileges. Ex-officio members shall receive no compensation for their work on the Planning Commission other than their fixed sal- ary of their office. ARTICLE III Organization, Procedures, Quorum & Finances The commission shall elect its, phairman, Vice-chairman and secretary from the appointed members. The term of Chair- man, Vice-chairman; and Secretary shall be one year with eli- gibility for re=election. The commission shall adopt rules for the transaction of business and shall keep a record of its' resolutions, transactions, findings, and determinations, which records shall be a public record. The commission may appoint such employee and staff as it may deem necessary for its work, and may contract with city planners and other con- sultants for such services as it may require or establish with the approval of the Mayor and City Council. The expen- ditures of the commission, exclusive of this, shall be with- in the amounts appropriated and/or authorized by the Mayor and Council, State agencies and Federal Agencies, and all salaries paid shall be subject to the final approval and order of the14ayor and City Council. ARTICLE IV Officers & Their Duties Section 1. The officers of the Planning Commission shall consist of a Chairman, Vice-CQhairman, and a Secretary. Section 2. The Chairman shall preside at all meetings and hearings .of the Planning Commission and shall have the duties normally conferred by parliamentary usages on such offices. Section 3. The Chairman shall be one of the citizen members of the commission. He shall have the privilege of discussing all matters before the commission and of voting thereon. Section 4. The Vice-chairman shall be one of the -citi- zen members of the commission. He shall act for the Chair- man in his absence. He shall r.,,ve the privilege of dis- cussing all matters before the commission and of voting thereon. Section 5. The Secretary shall be responsible for the minutes and records of the commission, prepare then,agenda r -2- C, f ww.. ;.. - a lf, r ' IN f ti of the regular and/or special meeting with the Chairman, arrange proper and legal notice of hearings, send out notices as required by the Zoning Ordinance and Subdi- vision Regulations, attend to -correspondence of the com- mission and such other duties as are normally carried out `1- by a Secretary. The Secretary shall sign all final sub- division plats. ARTICLE V Election of Officers Section 1. Nomination of officers shall be made from the floor at the annual organizational meeting which will be held on the first Monday of October at 5:00 p.m. each year and the election shall follow immediately in the same meeting. Section�2. -A.candidate receiving a majority vote of the entire membership of the Planning Commission shall be declared elected and shall serve for one year. Section 3. Vacancies in offices shall be filled at the first regular scheduled Planning Commission meeting after the vacancy occurs by majority vote. Regular elec- tion procedures, as defined above, will be followed. ARTICLE VI Meetings, Quorum, Procedures, Power Section 1. Meetings: (a) The Planning Commission shall hold regular monthly meetings at the City Hall, Fairhope, Alabama at 5:00 p.m. on.the first Monday of each month. (b) All meetings at which any official action is taken shall be open to,the general public. Section 2- Quorum: A quorum shall consist of fiver* members, a quorum is necessary to transact official busi- ness, however, if only a quorum is present, no action shall be taken unless by concuring vote of four members. Section 3. Procedures: The Planning Commission may utilize such staff, service or funds for contracting ser- vices as are appropriated by the Mayor and Council or re- ceived through gift or grant for planning purposes. Section 4. Power: The Planning Commission shall have all power, duties and responsibilities as outlined in Title 37, Section 773-814, Code of F,iabama 1940, as amended. In the event of conflict beween this ordinance and the Code section hereinabo, -sited, the. ^ode section shall govern. (a) The Comprehensive Development Plan: To prepare or assist in the preparation of the city's comprehensive development plan and make recommendations from time to time to the Mayor and Council for the adoption and implementation of the plan as a whole or parts thereof. After preparation of such plan, it shall be the duty of the Planning Commission -- to,continue to review the plan and perfect it as necessitated by changing conditions. (b) The Planning Commission shall kieve the final authority to adopt subdivision regulations. (c) The Planning Commission shall have the authority to review all applications for rezoning. The Planning Com- mission may recommend approval or disapproval of these ap- plications which shall be transmitted to the Mayor and Council within ten (10) days after the Planning Commission action is taken. The Planning Commission may, at its' discretion, hold.a public hearing on any or all applica- tions for rezoning.. (d) The Planning for shopping,centers, developments and such Mayor and Council. may Commission shall review all plans mobile home parks, or planned unit other developments or plans as the direct. ARTICLE VII Zoning Review: The Planning Commission as a whole shall act as a zoning commission for any general revision of the zoning ordinance or map for the purpose of effecting the objectives of the comprehensive plan. Subsequent appli- cations for the rezoning or amendment(of the zoning ordinance or map will be reviewed by the Planning Commission which shall make its' report of findings to the Mayor and Council by letter. Subdivision of Land &. Plat Review: The Planning Com- mission shall review all plats and make recommendations concerning same pursuant to the duties assigned to the Planning Commission under any ordinance regulating the sub- division of land, adopted by the Planning Commission in ac- cordance with the State Enabling Legislation. The Planning Commission shall have final authority on all subdivision plats. The Planning Commission may initiate studiesfor the purpose of guiding the most appropriate and efficient sub- division or resubdivisions of land either for the city as a whole or of special areas. The Secretary shall sign all final subdivision plats. The Capital Improvements Program: The Planning Commis- sion shall prepare or assist in the preparation of the long- range capital improvements program, listing those major public projects for the physical, improvements of the city envisioned oupr the next twenty years. Priorities, preliminary cost and financing methods shp:il, be studied and recommenda- tions for capital improvements budgeting made annually to the Mayor and Council for projects :,ghat should be accomplished -4 - I over the next fiscal year. At the ,Tune meeting each year, the Planning Commission shall submit to the Mayor and Council a recommended public improvements program.and capital budget. Community Facilities Projects: The Planning Com- mission shall maintain liaison with all public and pri- vate agencies in the city and its' environ for the pur- pose of coordinating development of public and private projects which will influence the-city's development ac- cording to,the comprehensive plan, such coordinati6n.i of projects to include public and private assistance, schools, major streets and thoroughfares and other transportation systems, parks and recreation areas, buildings and open spaces, and public buildings. Major Thoroughfare Plan: The Planning Commission shall prepare or assist in.the preparation as an element of the comprehensive plan, a plan for major,,:sireets con- sisting of those thoroughfares to be designated for the movement of large volumes of traffic. The major street plan will show existing streets, extension of same, and new routes, indicating future rights -of -way required, di- rection of traffic flow and setbacks to be established forfuture street widening. Those.features of the major thoroughfare plan adopted by the Mayor and'Council shall be indicated on.the official map. Special Studies: The Planning Commission -shall under- take or assist in the preparation of any special study or studies of projects, or plans assigned by the Mayor and Council which relates to the refinement, extension, or implementation of any phase of the comprehensive plan. Public Hearings: The Planning Commission may rec- commend to the Mayor and Council the adoption of the com- prehensive plan as a;whole or by successive resolutions substantial parts. .thereof. Preliminary public hearings, will be advertised•15 days in advance, at which time the plan as a whole or parts thereof may be presented. ARTICLE VIII Order of Business The order of business at a regular meeting shall be: A. B. C. D. E. F. G. Roll Call Reading of the minutes of previous meeting Communications and bills Report of officers and committees Old B,..s. ness New Business Age na 4:. ARTICLE IX Hearings Section 1. In addition to those required by law, the Planning Commission may, at its discretion, hold public hearings when it.decides that such hearings will be in the public interest. Section 2. Notice of such hearings shall be published for two (2) consecutive weeks in a newspaper of. general circulation publisheda within the municipality and the first of such notices shall appear at least fifteen (15) days before the date of the public hearing. Section 3. The case before the Planning Commission shall be presented in summary by the chairman or a desig- nated member of the commission and parties in interest shall have the privilege of the floor. Section 4. A record dhall be kept of those speaking before the Planning Commission. ARTICLE X Amendments These Bylaws cari be amended by a majority vote of the entire membership of the Planning Commission . ARTICLE XI Employees A paid secretary, whose title shall be Executive Sec- retary, will be furnished to assist the officers in the performance of their duties and to perform such other duties as may be assigned by the Chairman of the Planning and Zoning Commission. The Executive Secretary's name shall appear in all legal notices and/or advertisements. ` [' 111 (Y � f , �r? ")IIjIly Survcyor, th is fAn t. correc t•Jy r. epresents the Lcl i v.Is.lon of i..nrrl belonpinS to Paul A. A t the survey r►aa mnde ut tho Instance nrxl J �l ^tioil of oTTner, and the the rel.ntinn of this �Ve.rnflwnt Survey is shown, thn lnncl represented ion 171 T&S, R"-r, nncl bellig a re -survey of Iats 13 7'ok avl hot 26 iar Block 1 nccordin� to by 'Theodore Widell ns reco:�cler9 In 1H.,zcellan?eousj' , Ptifre 341 of the Ba7(i?r.i.n Co»nt.y prohntp Records, Y harx) this the 1st day (if Oc.tob'er, Iw3. t (Signed) 11. vv. Graham i •� IV lU ' 1 H, W, Graham, County Surveyor. ram) . A. Frederick, on'nrr of thn lands cry; hersln i}y. �tCctpL' thcr plat ss correctly r:pi•esrtrting tile auz•- 131on by H. W. Graham, Counts ,?jrvtyor, of' the said Sect.lclrr 37, TGS, R21Fi as •i,; inel.lcatecl ort this plat, (SIgned) Pnul A. Fredtir•i^k, Grvner 1 , 1 Cr rmer, n Notary ptrb.l is in rc_-r,a f'rn• nai,.l County he�,� crtify that F,A.Freirrricf, rri1o:3e nama 13 Signed to the a of this pint a3 the -owner of the 101 r lrn:l icatcrl an the aye, ,tcl;nr�rv]edpr.d J.,C• 'ore mo on t.hl:1 da that rein Plat, and ,:x ; .itl_ci thr w�rr y L informed of the �ontetjt3 j r tc?lunitrrily' nn the r' f"1tY.1 3nr1 r'n,i j +h c; 1. I✓' j h,^ •;.gulf boar,,; dale.. 1 '1. dw, r C"linitt C�t:rtLq, Ala. r' r �I a I' i 1 � r ^ l� 7.' 4 / j Stot.e c:f Altib•inin) Aj£1iciWin Call jlt .) Office of 11robate Juc4gL,, z, 118111sc'y Stuart, .ltida•c of Prob"ate in ttrld anI ",t ate h< . �?t� c.:, fo'' .raid County�' rt.i.f3• t:rrtt Or., plat. hc�.•rnri ;h,�ti4l! r•-r-� t ilt•ri � irs my of t'.i:�t� t'o' rr?�:otr3 rn the .12tn dnJ' of No'fLrrtat:r, Jut ': c t�i 1'?'obrtt.c: 13