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Home My WebLink About03-27-1961 Regular MeetingSTATE OF ALABAMA County of Baldwin The City Counc i I of the City of Fairhope met in re9j tar session at the City ftl 1, Monday, March 27, 119161 at 7t:A P.M. wi th the f o I lowing members present: Mayor Schneider, CouneiImen t Boone, Nelson, Poser and Schermer, Councilman Gaston being absent. The, m i notes of the prowl ous: regu 1 ar meet i ng were read and approved as react, Mr. George Fuller and Mr. David Fuller met wi tht he C ounc i I ia. reference to the termination of their Gas and Water contracts with the: City of Fairhope. Mot i on by C ounc i I man Schermer seconded by Counc 11 man Boone t hat act i on on contracts be tabled. Motion carried. The Mayor then appointed George Dyson and Councilmen Boone and Poser as a committee to meet with Mr, Fuller to work out detailsof termination of contracts. Rev, Wm. R. Hi I I presented a lie4tter from the previous Mayor and; Counci 1 pertain - in% to street i mprovaments under Ordinance #2 4o Mot i om by Councilman Nelson seconded by Councilman Schermer that the letter be accepted and made a part of the minutes of this meeting, Motion carried. Motion by Councilman Nelson seconded! by Councilman §chermer that the City extend sewer 250 feet from Grand Blvd, west on Fairhope Avenue, D. C. Byrne to pay cost of material* Motion carried* aed. Dr, Mullins and Mr. Nolte presented petition for paving Nichols Street. Motion by Councilman Schermer seconded by Councilman Poser than the City appropriate $379*80 to the Volunteer Fire Department`. Motion carried. Motion by Councilman kchermer seconded by C.ouncilmam Poser that the following Resolution be adoptedt: BE IT" RESOLVED BY THE C IMY C OUNC I L OF THE C ITY OF FA I RHOPE, ALABARK, that the Mayor and C i t y C l erlc be jointly authorized to withdraw balance of "Water an& S#ner Construct i orr Funds of Water, 4.ewer and Gas Rafundi ng Warrants* Series 1958., now in the Merchants, National Bank of MOW le and transfer said funds to a "Water and Sewer Construction Fund"' in the Bank of Fairhope, Alabama. This resolution supersedes the requirements of the above mentioned warrants that the G i.ty Managerts the authorized wi thdrawa I officer inasmuch as the City of Fairhope does not have a City Manager at this time. The orrig i nal construction requiring this warrant is, now completed'and the funds mentioned herein are to be used; for water andi sewer extensions and repairs as required. Upon being put to vote the following vote was recordedt Voting Fort Counci Iment Nelison, Poser and Schermer. Voting; Not, None. Counci Iman Boon& not voting. Motion carried. Motion by C ounci I man Poser seconded by Councilman Ne I son that the following Resolution beadoptedt Motion carried. BE IT RESOLVED BY THE CITY COUNC IL OF THE CITY OF FAIRHOPE that the City accept phase #1 of repaving; streets with the State of Alabama and considier phases #2 and #3 at W laterr date#. BE IT FURTHER RESOLVED That the Mayor and City Clerk be authorized to issue check inn the amount of 360,181.67 in payment of same. Motion by Counc i 1 man Schermer seconded, by Councilman Nelson that the. City place Ad with the Daphne May Day Association. Motion carried. Councilman Poser introduced the following Ordinance which was seconded by Counc i I man NeI son and .read to the met i ng• March 14, 1961 To The Honorable Mayor & City Council City of Fairhope Fairhope, Alabama Gentlemen: Ile, the Mayor and members of the City Council of the City of Fairhope during the October 1, 195b to October 3, 1960 City Administration, do hereby certify that we were advised by the then City Attorney, Mr. W. C. Beebe, that the City of Fairhope could not legally assess property owners, The Rev. & Mrs. Wm. R. Hill for street improvements made under City Ordinance #254, that the said property owners were present at*the Public Protest Meeting at which time the City was so advised. Also at a later and final Protest Meeting said property owners were again advised by City Council there would be no assessment in accordance with City Attorney, W. C. :Beebe origi advise to the City. Overton Walter 0. oser Berglin 9VVVtMYFZ�LV Barney S ul Charles Belew ORDINANCE NO.. - BE I T ORDAINED By THE Section 1. It shall (a) For any minor person, directly or indirectly, to pur- chase any malt or brewed beverages9 any wine or liquor, or any alcoholic or intoxicating beverage, or to attempt to purchase any of said beverages. (b) For any minor person to possess or to consume any malt or brewed beverages, any wine or liquor, or any alcoholic or intoxicating beverages in any public place, or in any business establishment or club. (c) For any person to sell, furnish, give to, or purchase for any -minor person any malt or brewed beverages, any wine or liquor, or any alcoholic or intoxicating beverage, or to attempt to sell, furnish, give to, or purchase for any minor person any of said beverages. (d) For any minor person, directly or indirectly, to falsely represent that he is not a minor or is not under twenty-one years of age, and by means of such false representation buys, receives, or otherwise obtains, or attempts to buy, receive, or otherwise obtain any malt or brewed beverages, any wine or liquor, or any alcoholic or intoxicating beverages. (e) For any person, directly or indirectly, to falsely represent or attempt to falsely represent that a minor person is no_t_a minor or is not under twenty-one years of age, and by means of such false repre- sentation aids or abets, or attempts to aid or abet, such minor person to buy, receive or otherwise obtain, or aids or abets such minor person to buy, receive, or otherwise obtain, any malt or brewed beverage, any wine or liquor, or any alcoholic or intoxicating beverages. (f) The definitions of malt or brewed beverages, wine or liquor, or alcoholic or intoxicating beverages, shall be the same as they are defined in Code of Alabama 1940, Title 29. (9) It shall be considered a false representation that a person is not a minor or is not under twenty-one years of age, that the pur- chaser fails to disclose that the person making the purchase9 obtaining, or securing such malt or brewed beverages, or such wines or liquors, or such al- coholic or intoxicating beverages, is a minor person or has not reached the age I/� -z- of twenty-one years. (h) In the event that any clause, sentence, paragraph, section, idea, or other part, portion, or provision of this ordinance is held illegal or unconstitutional, such holding shall not affect the remainder of said ordinance; it being hereby declared to be the intention that should any 'part or portion whatsoever of this ordinance be held illegal or uncon- stitutional, the remainder shall be in full force and effect, and that part or portion which is legal and constitutional would have been enacted as an ordinance without such invalid portion. (i) The violation of any above sections of this Ordinance No. - % shall constitute a misdemeanor and shall be subject to a fine not to exceed One Hundred ($100.00) Dollars, or imprisonment not to exceed ninety (90) days, or both. C/3 The City sole is i ted bids on a Rem i ttancee Control Machine with one bid sub- mitted. Councilman Nelson moved that/ adoption of the following Resolution which was seconded by Councilman Schemers BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAIRHOFE that a National Class 41, Remittance Control Machine be purchased from the National Cash Rpg i ster Company at a cost of g2,432.76. Motion carried. Motion: by C ounc i I man Nei -son seconded by Counc i I man Boone that the C i ty purchase a standard manual typewriter at a cost of #202,50 and a Calculator Tape Printing Machine at a cost of #480,00 from Lem Myer Company as per bid sub- mitted. Upon being put to vote the following vote was r.+ecordeds Voting For: Counci I men: Boone, Ne tson and Poser. Counc i I man Schermer not vot i ng, %t €on carried. Motion by gouncilmen Poser seconded by Councilman Netson that Jack Kirk be authorized to secure bids on electrical equipment for new shopping `CNrsr center. Motion carried; I't was duly moved and seconded that the meeting adjourn. Motion carried, Approved Attest t� 10�