The URL can be used to link to this page

Home My WebLink About02-13-1961 Regular MeetingSTATir OF -ALABAMA•- County of Baldwin The C i ty Counc i I of- the C i ty of Fa i rhope met in regu I ar sessi on at the C i ty Hall, Monday, February 13, 1961 with the following members present: hAayor Schneider, Councilmen: Boone, Gaston, Nelson, Poser and Schermer. The minutes of the prev-ious regular meeting were read and approved. Proposed Do,_Ordinances Nos. 275 and 276 were brought up for discussion. The unofficial vote turned into the City Hall showed 2148 votes for and 97 votes against the Ordinances. After a general discussion by the group attending the,meeting and the City Council. Councilman Poser moved that Ordinance ¢275 be adopted as presented. Motion seconded by Councilman Gaston. ORDINANCE # 275 AN ORDINANCE REGULATING THE KEEPING OF BARKING DOGS'NITHIN THE CITY OF FAIRHOPE, ALABAMA. BE IT ORDAINED BY THE CITY C OUNC I L OF THE CITY OF FAIRHOPE, ALABA.4AA AS FOLLOWS: SECTION I. The owner of any dog in the City of Fairhope who allows, same to be a nuisance: by barking or creating offensive odors or unsanitary conditions shall be. punished by a fine of not more than Fifty Dollars (050.00). The: Police of the City of Fairhope shall t&ke action against anyone charged with violation of this Ordinance -by any parties so annoyed. This Ordinance shall go into effect within thirty (30) days after its passing. Adopted this 13th day of February,. 1961. Mayor City lerk Upon being put to vote the following vote was recorded. Voting for the Ordinance: Councilmen Boone, Gaston, Nelson,. Poser and Schermer. Voting Against: None. The Mayor thereupon declared the Ordinance duly adopted and signed the same in approval thereof. Motion by Councilman Boone seconded by Councilman Nelson that Ordinance z#276 be adopted as:introduced. ORDINANCE Tik 276 AN ORDINANCE REGULATING THE KEEPING OF DOGS WITHIN THE CITY OF FAIRHOPE AND PROVIDING FOR THE PUBLIC HEALTH AND SAFETY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAIRHOPE, ALABAMA, AS FOLLOWS: SECTION Q. When used in this Ordinance, the following word's and phrases shall`have the meanings given to them by Code of Alabama, recompiled, 1958, Title 22, Section 105: (a) "Dog" (b) "Person!' (c)"Inoculation against rabies". The words "at Large" shall. be intended to rre.an off the premises of the owner and not under control by Ieash, cord, chain or otherwise. The aord "dog catcher" cr "po� 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. SECTION 3. If the owner of ar dog carelessly manages.the 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. 34 SECTION 4. It shall be the duty'of every Police officer of the city, upon dipcovering'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 itin the City Pound, and if said dog is licensed by the city of Fairhope,. tc, notify the owner of said dog. SECTION 5,. If said dog exhibits 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 impound 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. SECTION 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 (50d) a day for the keep of said dog, and: by securing a ity License and exhibiting evidence Ghat said dog has been inoculated against rabies. i SEC TION 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 i cense, 61r, If a.f ter- sev�entyytwo (72) 'liours' from M4. I t i rmi; n6t ic6 i s miailed to the owner that his dog has been picked up and said dog bears a current City license' the pound keeper may, at his discretion, sell said dog i f punccaser comp I i es ,,ti th al 1 the prov Ts i ons of th i s 0 rd i nonce, and such purchaser sha•II be vested: with a legal title to the dog so purchased, or the pound keeper may destroy said dog in a humane manner, allowing a+local humane society to destroy the dog if it so desires. SECT ION 8. The dog catcher of the lyiity of Fai rhope shall have the right and it sh a l I be his duty to enter upon any property, accept a pr.' y�ate dwe l I i ng; house, for the purpose of capturing any dog at large, in compliance with th i s ord i'nance-. SECTION 9'. All ordinances in conflict with this Ordinance are hereby specifically repealed. SECTION 10. This Ordinance shall go into effect withirn sixty (60) days after passing. Adopted this the 13th day of February, 1961. Upon being put to vote the following vote was recorded: Voting For: C ounciI men, Boone, Gaston, Nelson, Poser and Schermer. Voting Against:- None, The Mayor thereuporn declared the Ordinance duly adopted and signed the same in approval thereof. Motion by Councilman Boone seconded by Councilman Poser that the following Resolution be adopted: Motion carried. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FA I RSOPE, ALABAb1A that the City take over the maintenance of streets as shown on plat in the Huet Subdi'visi'on. ;'lotion by Councilman Nelson seconded by Councilman Poser that the City complete drainage on ';leIIington Johnson property at Sea Cliff. Mr. Johnson agrees to give the City a five foot drainage and utility easement down the South line of Lot 2 to Fly Creek. motion carried. 33 Motion by C ounc i I man Boone seconded by C ounc i 1 man -Poser that the C it y ' enter into agreement with Arthur C. and Elizabeth P. Mannich whereby they will convey to the City of Fairhope all the property they agreed to sell City which has a clear title and the City will pay for same in the sum of 411,706.00 with the understanding that Mr. Mannich will proceed with clearing title on five acres; in which title is not clear. When title -is clear, Mr. Mannich will convey to the City and City will then pay for said five (5) acres the sum of $3,000.00. Further Provisions: 1. After the endof six months if Mr. Mannich is. unable to clear title to said land the City has the privilege of demanding full purchase price ref unded if they so elect and Mr. Mannich agrees to pay same. 2. That from this date until and unless the City elects to demand refund of purchase price, the. City has the right to use land and excavate from same, Upon being put to vote the following vote was recorded: Voting For: Council- men: Boone, Gaston, Nelson and Poser. Voting Against: C ounciIman Schermer. Motion carried. 1.lotion by Councilman Boone seconded by Councilman Nelson that the City authorize expenditure up to $5,000.00 for material to install drains. to Mobile Bay at Pecan and Orange Streets. Upon being put to vote the following vote was recorded: Voting for: Councilmen: Boone, Gaston, Nelson and Poser. Voting Against: Council- man Schermer. Motion carried. Motion by Councilman Schermer seconded by Councilman Boone that action be taken toward correction of bridge on Bay View Avenue across Stacks Gulley and authorize expenditure up to t2,000.00 for pipe for drainage purposes. Upon being put to voter the following vote was recorded: Voting For: Councilmen: Boone, Gaston, Nelson, Poser and Schermer. Voting Against: None. Motion carried. Motion by Councilman Gaston seconded by Councilman Poser that the following bills be.approved for payment: Motion carried. General Fund: McKean Paint and Hardware 4 7.4-1 Threadg i l l-Pinson Body Shop I ;)..00 Fray -Brooks: Machinery Co. 9.18 Mal.ter Supply Co. 28.75 McCain Uniform Co. 62.22 Wa I ter K i dde Sa l es, andSery ice 13.75 John M. warren Agent 54-73 IN. S. Darley & Co, 17.20 Sargent -Sowell, Inc. 5.33 M & S Service- Station 1.20 Melton Garage 75.25 Standard Oil Co, 305.77 Southern Auto Parts 16.75 V i r,Q i I He rston: 20.00 E. V. Rickarby 5.00 F a i rhope Single Tax Corporation 385.63 Radcliff Materials, Inc. 153.00 Western Auto Store 4,30 Burroughs Corp. 234-00 Carson Printing -Co. 95.04 Fairhope Courier 68.12' Prisoners Meals Andress Re 7staurant 4.45 FFirhope Laundry e 5.62 Bay Supply Co.. 6.48 Bay Paint Co. 44-97 Western Lumber andSupply 31.96 Fai rhope. Service Center 3.00 Fairhope Hardware 49.61 Merritt 0i1 Co. 15.88 Moore Supply Co. 35.70 Kl,umpp Motor Co. 45.22 Fairhope Title and Survey 15.00 Gaston Motor Co., Inc. 47.91 Fairhope Clay Products. 60.00 Stratis.Photography 9.50 Turner Supply Co. 10..52 /Aoorre-Hand I ey Hdwe. 90.60 Poser Printing Co. 16..00 Off ice Suppl ies a 2.5;0 Goodyear Tire and Rubber Co. 68.86 WaI I ter 13ros. 35.00 Eugene Bosby 18.50 Electric Department: McKean Paint & Hdwe. AR 3.68 Hatfield and Co. 1,310.61 H i I l-Soberg Co., Inc. W4-L14 Standard Oil Co. 65•03 Southern Auto Parts 1.27 Fairhope Auto Parts: 1.20 J'no. S. Huffman Ins. 29.98 Fairhope Service Center 1.30 Nix and Fleming Supply 60.24. Moore Supply CO., 18.39 Gaston Motor Co., Inc. 28.58 Southern Bell •Telephone Co.. 380.00 Turner Supply Co.. 347.37 Certi fi ed Products_ 65.92 Betbeze 7.50 Poser Printing Co.r Inc. 14..48 Rivierra.Uti l ities 7,292.01 Gen. El. Supply Co. 94) .29 L i'ght i ng Fixture and E 1 . Supply 212.40 Jansen Mfg. Co. 21.03 Gas Department: Hands Welding and Machine Shop 171.00 Opelika Foundry Co. 55.29 Produc-tion Plating Works, Inc. 51•64 Rockgell Nifg. Co. 94.81 Marine Specialty Co. 199.05 United Gas Pipe Line Co. 19,685.23 Melton Garage 3.50 G. F. A. Transportation 22-07 S tandarrd 0 i I C o.. 31 •52 Southern Auto Parts 22.95 Fa i rhope• Courier 18' 35 Material Sales., Inc. 3.79 Jno. S. Huffman Ins. 168.73 McWane past I� ron Pipe Co. 44.96 Turner Supply Co. 5.60 Moore -Handley Hdwe. 30.20 Poser Printing Co. I'nc. 14-47 Crane Supply Co. 1 -70 Standard Equipment Co, 354.87 Water and Sewer Department: vlcKean Paint & Hdae. 3.55 Opel i'ka, Foundry Co. 55.29 Neptune Meter Co. 323-W4 Joe Schneider and Son, Inc, 37.50 Gas Dept. 510-.55 ^A & S Sery i ceStat i on 7.95 Melton Yarage 5.45 Standard 01 1 Co. 31.52 Fa i rhope S i ng I e Tax C orp. 12.04 Fairhope Courier' 2.6614 Material gales 5.01 Gaston Motor, Co., Inc. 55.00 24-52 Mcll6ne Cast Iron Pipe Co, 14.37 McGov, i n-Lyons Hdwe. 89.29 Standard Equipment Co. 38:�5 Wittichen Chemical Co. 105.76 Flexible Pipe Tool Co. Jansen Mfg. Co. A 3.30 31 Pay Rol I: General Fund: J'oe Schneider w Marie Moore, P. J. Byrnes. Cec° i I C I emen s E. E. Newell Leo Gilheart Henry Nolte James M. Garre,tt. Jack Davis F. P. Buchan -on Jack Kessler Earl Howes Raymond Staple -ton Walter Mack Yohn Julius King E. G. R ickarby, Jr. Sim Stevens Electric Department: E. J. Kirk VJm . C reamer J. P. Bailey Mary i n, N i c h o Is , Audrey Patterson Water and, Sewer Departments George Dyson Frank E. 'Niggins. Marie Moore Gas Department. - George Dyson Frank Wiggins Eloise Wi Ison Yvonne Whitcomb Week.lyy Pay Rol I General Fund Electrid Fund Gas. Fund Water and Sewer Fund 150.00 320..00 200.00 420.00 365.00 325.5,0 325.50 325.50 25,0..00 2,10..00 2,10..00 100.00 100.00 105.00 100.00 50.00 .5 0.00 W2.50 40040 1,00.00 325.00 200.00 249.37 200.00 105'.00 2 9.37 200,00 250.00 15.0.00 2,513.6-► - 1,279.80 1,199.72 1,391.66 Alotion by Counc1Iman Poser seconded by Counci [man Gaston that the rreeting adjourn. Motion carried. Approved Mayor. - City I-lerk .3D