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HomeMy WebLinkAbout01-23-1961 Regular MeetingSTATE OF ALABAMA County of Baldwin The City Council of the City of Fairhope.-I met in regular session at the City Hall, Monday, January 23, 1961 with the following members present: Mayor Joe Schneider„ Councilmen: Boone, Gaston, Nelson, Poser and Schermer. The minutes of the previous: regular meeting were read and corrected to read that the City use services of Marx and Company as their fiscal agent for a four year period ending:J'anuary, 1965. Motion by Councilman Schermer seconded: by Councilman Nelson that the minutes be approved as corrected. Motion carried. Members of the Elks Club met with the Council concerning the %. biquor tax. Taken under admisement until next meeting of the Council. Mr. Huet requested that -the City accept streets in Huet subdivision. The Mayor appointed Councilman Boone and George Dyson to make inspection of streets and report to Counci I. On motion by Councilman Boone seconded by Councilman Gaston Ordinance #2?5 was introduced and read to the meeting:. ORD I NANC E j� 275 AN ORDINANCE REGULATING THE KEEPING OF BARKING DOGS WITHIN THE CITY OF FAIRHOPE, ALABAMA. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAIRHOPE, ALABAMA, AS FOLLOWS: SECTION It The owner of: any dog in the: City of Rai rhope who allows same to be a+nuisance by barking or creating offensive odorsor unsanitary conditions shall be punsihed by a fine of not more than Fifty Dollars ($50.0.0). The Police of the City of Fa i rhope shall take action against anyone charged i; l with violation of this Ordinance by any p6rties so annoyed. This Ordinance shall go into effect within, thirty (30) days after its ° passing. Adopted this day of , 1961. f� e Schnei' er, Mayor --�� , a­� Marie Moore, pity uler On motion by Councilman Boone seconded by Councilman Gaston Ordinance # 276 was: introduced and read to the meeting. ORD- P NANC E # 276 AN ORDINAL- E REGULATING THE W EPING OF DOGS WITHIN THE CITY OF FAIRHOPE AND PROVIDING FOR THE PUBLIC HEALTH AND SAFETY. BE I T ORDA I NED BY THE C I TY C OUNC I L OF THE C I TY OF FA I RHOPE, AS FOL LOWS:. SECTION I: When used in this Ordinance,, the. following words and phrases shall have the meanings givon to them by Code of Alabama, recompiled, 1958, Title 22, Section, 105: (a) "Dog" (b) "Person" (c)"bnoculation against rabies". The words "at large" shall be intended to mean off the premises of the owner and not under control by leash, cord, chain or otherwise. The word "dog Catcher" or "pound keeper" shall include all agents or assistants of the City that have been delegated -to control dogs. SECTION 2: No owner of any dog shall permit said. dog to run at large at any time within the corporate limits of the City of Fairhope. �2 7' SECTION 3;z- If the owner of a dog carelessly managesthe dog or permits it to go at'large, and another person, without fault on his part, suffers damages thereby, such owner shall be liable for such damages. SECTION 4-- I't shall be the duty of every Police off icerof the City, upon discovering a! dog running at large within the City, to promptly notify the City dog catcher. It shall be the duty of the dog catcher when so notified, or whenever he observes any dog running at large, to 'immediately take such dog in his possession and confine•it in the City Pound, and if said dog is licensed by the City of Fairhope„ to notify the owner of said dog. SEC T I,ON 5:. 'if saiddog exhibit s pronounced symptoms of rabies, or if the dog has bitten anyone, the pound keeper shall notify the Department of Public Health in Baldwin County, Alabama, and impCund said dog in accordance with the instruction from the Department of Public Health, until it is determined whether or not said dog has rabies. If said dog has rabies, it is to be destroyed; if it does not have rabies,. the pound keeper is to allow said dog to be redeemed as hereinafter set out, and if it is not redeemed, he is to destroy said dog. SECTLON 6: The owner of any impounded dog may within forty—eight hours after said dog,is impounded redeem,the dog by paying to the Clerk of the City of Fairhope:, the. sum of Two Dollars and Fifty Cents ($2.50) for the impounding, and Fifty Cents (504 a day for the keep of said dog, and by securing a City License, and exhibiting evidence: that said dog has been inoculated against ra b 1 es. SECTION 7: In the event the impounded dog is not redeemed within seventy— two 72 hours after same is impounded and -said dog does not bear a current C i'ty I icersse, or, if after, seventy-two(72) hours from the time notice: is mailed to the owner that his dog has been picked up and said dog bears a current City license, the pound keeper may, at hisdiscretion, sell said dog if purchaser complies with all the provisions of this Ordinance, and such putichaser shall be vested with a legal title to the dog so purchased, or the pound keeper may destroy said dog in ahumane manner, allowing a local humane society to destroy the dog if it so desires. SECTION B: The dog catcher of the City'of Fairhope shall have the right and it'shall be hisduty to enter upon any property, except a private dwelling house, for the purpose of capturing ano dog; at large, in compliance with this ordinance. SECTION 9: All ordinances in confI1ct with this Ordinance are, hereby specifically repealed. SECTION 10:: This Ordinance -shall go into effect within sixty (60) days after -passing. Adopted this day of , 1961. Schneider, Mayor Mari Moore, City Clerk Motion by Councilman Nelson seconded by Councilman Gaston that thelIetter of resignation of Mr. Julius. King as Publ is RekhtionsDirector be accepted as of4bnuaryr - 31, 1961 . Mot i on carr i ed. Motion by Councilman Schermer seconded by Councilman Boone that Ordinance JL 273 introduced at the regular meeting of January 9, 1961 be adopted as introduced. ORD I NAI"CE # 273 ZON I NG ORDI NANCE OF THE C ITY OF FAI RHOPE, ALABAtrA BE IT OR` AINED BY THE CITY COUNCIL OF TH= CITY OF FAIRHOPE, that Section- 32 of the Zoning Ord i nance of the. C i ty of Fa i rhope:--, A la bama,( (Ord i'mance j�231) , be amended to read as. fo I I ows: SECTION 32.• CORNER VISIBILITY IN RESIDEI-E AND LOCAL BUSINESS DISTRICTS. In a res i dence or local, business district no fence,. wall shrubbery, sign, marquee, or other obstruction to vision between the heights of three and one-half (32) feet and fifteen (15) feet above street level shall be permitted within twenty (20) feet of the intersection,of the right-of-way lines of two streets or railroads or of a street and a railroad right-of-way line. A I I structures on corner I ots in any R,. R I or R2 di strict must be at least fifteen (15) feet from the side street property Line. Accessory structures,within twenty-five (25) feet of the real lot line, of a corner lot shall be set back the minimum front yeard depth re- quired on the side street. This ordinance shall go into effect on the 23rd day of' January, 1961. C ITY OF FA I P,HOPE, A Mun i c i pa l C orooration Upon being put to vote the fol la.^jing vote was. recorded: Voting fore Council- men - Boone, Gaston,Nelson, Poser and Schermer. Voting Against: None. The Mayor thereupon declared the Ordinance duly adopted. Motion. by Councilman Schermer seconded by Councilman Boone that Ordinance #M introduced at'the regular meeting of. January 9, 1961 be adopted as introduced. ORDINANCE # 274 ZONING ORDI NAI`J✓E OF THE CITY OF FA IRHOPE,, ALABAMA. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAIRHOPE, that the Zoning Ordinance of the. City of Fai rhope, Alabama, (Ordinance # 231) , be amended by add'i ing Section 73, which shall mead as follows: "SECTION 73. REPEAL ING CLAUSE. AI I ord i nances of the C i ty of Fa i rhope, Alabama, in c9nf I i ct with this. Zoning Ordinance, as amended, are hereby expressly repeated."' This Ord'infInce shall go into effect on the 23rd day of January, 1961. CITY OF FAI'RHOPE, A Muniic%pal Corporation /j SchneideMayor f Mar ile Moore, City `! I erk Upon be 1 ng put to vote the fo I I owi ng vote was recorded. Vot i ng For: C ounc i 1 men Boone, Gaston, Nelson, Poser and Schermer. Voting Against: None. The Mayor thereupon declared the Ordinance duly adopted. Mayor Schneider made the following appointments to the Fairhope Harbor Board: Mr. Charles Fl Belew for a period of two years and Mr. Joe Hipsch for a period of one year. Two bids were received on fire equipment, Midwest Fire and Safety Equipment and Walter Kidde Sales and Service.. Motion by Councilman Nelson seconded by Councilman Gaston that City accept low bid of Midwest Fire and Safety Equip- ment Company. Motion carried. 9q Mot i orr by C ounc i I man Schermer seconded by_ C ounc i I man Boone that the fo I I ow- ing Resolution be adopted: Motion carried. BE IT RESOLVED BY THE C ITY COUNC IL OF THE C ITY OF FAIRHOPE that the City install water main to Coleman and Pleasant Streets. The following three bids were received for sewer installation in the Fairwood Sect ion: Campbell Construction Engineers, Inc. 36,307.50 W. R . Mitchell, Contractor 4,293.50 Fa i rhope Paving Company, Iinc.. 2, 718.?5 Motion by Councilman Gaston seconded by Councilman Poser that the City accept low bid of Fa i rhope Paving Company, Inc. Upon being put to quote the follow- ing vote was recorded: Voting For: Councilmen: Gaston, Nelson, Poser and Schermer. Voting Against: None. Councilman Boone not voting. Motion carried. It was duly moved and seconded that the meeting adjourn. Motion carried. n A pp roved Mayor a Attest City Jerk I HUGO MARX & CO. INVESTMENT BANKERS 222-6 BROWN MARX BUILDING BIRMINGHAM 3, ALABAMA November 3, 1'/bl BRANCH OFFICE IID9 BELL BUILDING • MONTGOMERY, ALA. City Council City of Fairhope Fairhope, Alabama Gentlemen: At the present time we have a fiscal age;.c - agreement with the City of Fairhope dated Jai:I:ary 9, 161. This fiscal agency agreement is at t.ne rate cf 4110 of lln;'cr j'-4.00 per bond with which -de pay expenses of issuance of the securities. This contract was discussed at your meeting of Thar-;da3r;I, November 2. Tentatively you Nava agreed that this fee sho-ld be larger. You, therefore, agree to raise this fee to / which will replace the agreed 4/10 of 1 % ILha.t we have at the present time. This agreement shaL be ma-ie part of our contract dated January 9, 1961. Kindly sign at the bottom hereof and re ,urn. one si,7n�d copy to us. Thanking yo-„ in advance, -re are Rn s;ectf ally submitted, t-G-C PIAFC; °• LdVba , Mayor City Clerk City of Fairhope Fairhope, Alabama GENTLEMEN: You have advised us that you plan to do a considerable amount of financing in the near future and wish to employ us to make a fi- nancial feasibility study of your proposed financing and recommend to you the various methods by which we believe this may be accomp- lished. We hereby agree to act as your fiscal agent for all finan- cing to be done by the City or any guasimunicipat corporation now existing or hereafter appointed or created by the City. You do here- by appoint us as sole, exclusive fiscal agents under the terms and conditions hereinafter set out. This contract to continue in force for a period of four (4) ears from the 1st day of January, 1961, to the 1st day of January, A65. Upon presentation to you of our financial feasibility study, you will decide which method or methods you wish to pursue with your financing and upon acceptance of a plan of financing by you, we will use our best efforts to do the following: Furnish to ou, at our expense, all the necessary legal papers, resolutions, ordinances, etc., deemed necessary and proper by our attorneys in order to obtain an approving legal opinion of refutable bond attorneys on the issuance of the proposed securities. ie_agree to furnish, at our expense,the printed security blanks and necessary i newspaper advertisements, f needed, for the sale and issuance of your securities. We will assist you in every way in setting up your securi- ties so as to enable you to obtain the best interest rates than avail- able in the general market at the time of sate. We will pay all other expenses, incurred by us, incidental to the legal issuance of the said securities. In consideration of our work, expenses, and effort on your be- half, you are to pay to us the sum of `a4.00 per each `�1,000 prin- cipal amount of securities issued and or money borrowed, at the time of issuance of said securities or upon receipt of said funds. If no money is borrowed or no securities issued, then you will owe us nothing. It is clearly understood that neither the fiscal agents,. nor the City are under any obligation whatsoever to negotiate the private pur- chase and/or sale of any secukities proposed to be issued hereunder, however, if said negotiations are carried out and are successful and the securities are purchased through private negotiations by the fis- cal agents, then the said fiscal agents do hereby agree to waive their fee as set out herein pertaining to the securities to be issued. If this is with your agreement and understanding, please signify your acceptance on the bottom hereof. Respectfully submitted, MARX & CO., INC. BY: s/ W i l t i am Marx Authorized Representative Accepted by resolution, duly adopted and spread on the Minute Books this the 9th day of January , 1961. CITY OF FAIRHOPE, ALABAMA BY: s/ Joe Schneider Mayor ATTEST: s/ Harie Moore -may Clerk zs'