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Home My WebLink About05-27-1963 Regular MeetingSTATE OF ALABAMA County of Baldwin The C i'ty Council of the C i; ty of Fai rhope: met in regu 1 ar session at the: City Halto' Mondby, May 27,• 19:63 at 7930 P.M. with the following members - present:, Mayor Schneider, Counci Imenc Boone., Gaston and Poser. Absents° Counctimens Nelson and; Schermer. The minutes of the: prewtous regular meeting; were approviced, The fot I owi ng I otter was: read, to the, Counci: l: May 27, 1963 City Counc: i City of Fai rhope Fai:rhopes, A.I abama Genttl ement The Board of Directors for the Thomas Hospital herewith- make their off icial request for payment of the $10#000.00 due inn accordance with that Resolution as adopted by the: Counci I for the, Ci ty of Fai.rhope, underwriting a. two., year loss of operat i one. Results of the September 300 � 1962, audit by the State of Alabama, Department of Examiners of Public Accounts, Page 10, certify the accumulated net loss of $49,200.68. We. therefore, respectfully request the Hon. Joe Schneider, Mayor, City of Fairhope,, call fora motion authorizing the payment of. $10,000.00 to the Thomas Hospital in accordance with they above mentioned: Reso:lut i on. also, as.ar means of officially expressing its deepest appreciation and thanks for 0h the. wonderful. support the Count i l has given the Hospital and to assure the Council this. support has great meaning to the residents of Fairhope, the Board' of Directors ask. that this letter be read into the Mi'nuttes of this Counc.i'l meeting documenting this expression of gratitude. S. i ncere 1. y, s/ D. B. Fuller David' B. Fuller,, Chairman Board: of. Directors Thomas Hospital DBF & re Motion by Councilman Poser seconded by Councilman Gastam that payment of 4WW obligated $10,000.00 to underwrite Thomas Hospital d'efocit be authorized, money, to be: expended: from the:• Electric Fund. Motion carried;' Motion by Councilman 5oone seconded by Councilman Poser that Ordinance #300, amending SectIon l3, District Boundaries, Zon i'ng Ord:i nance �295, be adopted as introduced at the. regu I ar meeting of: Apr i 1 8, 1'963. Motion carr i ed.t Motion by Councilman Poser seconded toy Councilmen Gaston that Ordinance #299, an Ordinance. amending; Section 13, District Boundaries, Zoning; Ordinance: #295, be. adopted as i ntroduced at the regu I&r meetti ng of Apr i 1 8, 1963. Motion carried, iv Motion by Councilman Gaston seconded by Counci gran Poser that Ordinance #303, an Ordinance mending Seed i.on 13, District Boundaries„ Zoning Ordinance #295,. be, adopted as introduced at the regular meeting. of May 13, 1963. Motion carried. Mr. Hipsh requested that action on his application for beer permit be car rie_d over tor the,, next regu 1 ar meet-i ng, of the C i ty Counc i I . Request gr *EKE . / Request from Dr. Yancey and -John Duck. for. water and gas on north side of FI y Creek. was postponed: until the next regular meeting of the. -City Council upon the recommendation of the General Superintendent. Motion bW Councilman Poser seconded bey Councilman Boone that the Mayor be authorized to sign the. fat lowing; 1 e tter to the 'Sown of Daphne• Motion carried. May : t963 Hon. Arthur Manci, Mayor Town of Daphne Daphne# Alabama Res Purchase Agreement Daphne Gas System. Dear. Mayor Manci r This will acknowledg¢ receipt of your letter of May 13, 1963 regprdingDaphne's. proposal for the purchase of the distribution system. owned by Fa1rhope that presently lies within the corporate limits of the Town of Daphne. Our letter of January 25, 1963 correct-ty states what we consider to be the correct price for this system according to the contract presently, in existence between Daphne and.Fairhope. Reference to the a6brementioned lei`ter wi 11 give your our terms for* the acqulisi tion of the system and %nteest in the transmI ss i on I i nes in accordance: with a, strict %nterpretati on of the, contract. We are preparedito offer as a counter -proposal that Daphne acquire the: distribution system: within the present corporate limits of Daphne at a price of $94,000.00 and a conveyance by Daphne to Fairhope of any right# title: or i:n terest it may havre• i n the transmission lines* In addition* there should be an agreement between Daphne and Fai rhope regarding the sale of gas to Daphne by Fairhope.. This rrftWW offer is made. in & sp i rri: t of harmony,, and, it is bel arced', justly. You can wet C understand, 1' am sure, the many complications attendant with jai nfi ownerrsh i p of the transmission system* if we can be of 1. any sere i cer i n this regard,, p t ease ad;v se• Yours very truly, JOE SCHNEIDER MAYOR, C. I TY OF FA.IRHOPE Motion by CounctIman Gaston ser-onded by Councitman Poser that Ordinance #3020- an ordinance creating -,The Fairhope kirport-Board, be adopted as introduced at the regular meeting of May 13, t963. Motion carried`.' Mayor Schnaider appointed Dr. Mullins,-$fchard Lacey and Peter Byrne to the Airport Board. Mot ton by Counci Iman Gaston seconded,bL.yt Councilman Poser that the. appa rrtments be approviced. Mat i on carrried• Mot -ion by,Counctiman Gaston seconded by CouncIlman Poser that the following Ordinance be introduced'. Mahlon carried. 0ND,':--W 3 6 L - PO, )"4e- r-)'- �- Jr) ORD I NANCE NO. 3 D BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAIRHOPE, ALA- BAMA, THAT: Section 1. For the purpose (a) of giving the public authorities of the City of Fairhope, Alabama, notice in advance of any parade or procession upon any public street or way in said City, or its police jurisdiction, so as to afford opportun- ity for proper policing; (b) to assure the convenience or comfort of the public in the use of the public streets and ways of said City; (c) to prevent confusion by overlapping parades or proces- sions; and (d) to minimize the risk of disorder: no parade or procession upon any public street or way in said City, or its police jurisdiction, shall be permitted, unless a special license therefor shall first be obtained from the City Council of said City. A parade or procession is hereby defined as a march in formation, proceeding in an ordered and close file as a collect- ive body of persons on the City streets or ways. Funeral pro- cessions are not covered by the Ordinance. Section 2. Upon application being made to the City Council of said City for such special license, said City Council must con- sider the application and hold an investigation thereon at its next meeting; and if, after such consideration and.investigation, said City Council finds that the convenience of the public in the use of said City's streets and ways would not thereby be duly disturbed, upon such condition or changes in time, place and manner as would avoid disturbance, said City Council must issue such special license for the parade or procession applied for, subject to the payment of the license fee hereinafter provided for. Section 3. Every such special license shall be in writing and shall specify the day and hour of the parade or procession. Every licensee shall pay in advance for such license, for the use of said City a sum of money that the City Council deems necessary for the services rendered for each day that such parade or pro- cession shall take place. Said license fee is not a revenue v tax, but one to meet the expense incidental to the administration -Page 1 - 4 of this ordinance and to the maintenance of public order in the matter licensed. In exercising its discretion in fixing said license fee, the City Council must be guided by the expense inci- dental to the administration of this ordinance and to the mainte- nance of public order in the kind, size and type of parade or procession licensed. Section 4. Any person violating any provision of this ordinance shall, upon conviction, be punished by a fine of not less than one or more than, one hundred dollars or by imprisonment or hard labor for the City for not more than six months, or both, in the discretion of the Court trying the case. Section 5. Should any section, sentence, clause, phrase, or other part of this ordinance be declared unconstitutional or invalid by any court of competent jurisdiction, the remaining sections, sentences, clauses, phrases, and parts"of this ordinance shall not be affected thereby, but shall continue in full force and effect as though such section, sentence, clause, phrase, or other part of this ordinance had not been declared unconstitutional or invalid. Adbpted this l=day of -� 1963• l "0 ayor ATTEST: 1, Marie Moore, City Clerk of the City of Fairhope, Alabama, hereby certify that the oreaoing Crdinance is a true and correct copy of Crdinance No. 3 C , cxdo,?ted by the Council of the City of Fazrhope, Alab a, in an oen meeting at the regular session thereof held on the �` -day of - �-,�� , 19 and duty published in the Fai rhope Courier, on the day o ity Clerk - Page' 2 of 2 Pages- Motion by Counci Iman Boone. seconded: by CounciAman Poser that the following Ordinance be I ntroducedt Mot ton carried. BE 1'T ORDAINED BY THE. CITY COUNCIL OF THE CITY OF FAIRHOPE, ALA. that Chapter 21, Code of Ordinances of the: City of Fa i rhope be amended. by deleting. Section 21,*8, Moti on by/ Counc i Iman Gaston seconded by Counc i I -man Boone, that 0 rdi nance #301, an Ordinance authorizing the City Dog Catcher to issue ci:tati:ons for v lolations of Dog; Ord-inances, be adopted as introduced at the regular meeting; of May/ 13, 1963. Motion carried*.Ui Request of Mr. M11ham to use Municipal Pter was rejected. Mat i on by Counci I man Boone seconded by Counci I man Gaston that Mr. Dywn and Mr, Wiggins attend the A1.abama Water and. Sewage Association School at the University of Alabaman on June 5,,6 & 7, the City to furnish transportation.' Motion carried• Motion by Councilman Boone seconded. by Councilman Poser that the: Mayor and City Attorney appear at -Congressional Hearing on Water Pollution Act. Motion carried:. Moore Eng i neer: s presented. plans f. orr Church Street tunnel • No, action taken. Motion by Councilman Boone seconded( by Councilman Poser that the following Reso 1 u ti on be adop tedt Motion carried;* BE. IT RESOLVED by the. CITY COUNCIL of the CITY OF FAIRHOPE, ALABAMA, tha,tt The application made by W. F. HAWIE, Sr. to the CITY OF FAIRHOPE for. Dance, L i cense was cons i dared by they C I-TY COUNC.I L and, as the Bu i I d i ng linspector reportedthat said building did not comply with the: Building Regulations of they C i ty of Fa i rhope, the application was then i edi and pay— ment tendered by Mr. Hawia i:s. ORDERED REFUNDED. Motion by Councilman Poser seconded by Councilman Gaston that the fol lowing°: BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAIRHOPE, ALABAMA, That WHEREAS, the easement granted by JULIAN C. PRINE and EMILY W. PRINE, his wife, to the CITY OF FAIRHOPE for the municipal airport was not properly described and contained easements on portions of land not needed for public or municipal purposes;_ and WHEREAS, JULIAN C. PRINE and EMILY W. PRINE, his wife, are now deeding to the CITY OF FAIRHOPE an easement correctly describing the property needed for the municipal airport: NOW, THEREFORE BE IT ORDAINED that the CITY OF FAIRHOPE hereby deeds to JULIAN C. PRINE and EMILY W. PRINE, his wife, all that portion of that easement conveyed by the said JULIAN C. PRINE and EMILY W. PRINE, his wife, to the CITY OF FAIRHOPE, by deed dated April 11, 1963, and recorded in Deed Book 330, Pages 141-146, of the Probate Records of Baldwin County, Alabama, which property is described as follows, to -wit: Begin at a concrete marker, the Northeast corner of the Northeast Quarter of the Southeast Quarter, Section 33, Township 6 South, Range 2 East, thence South 00 06' West, a distance of 2,678.3 feet to a point in the center of Marlow Road; thence West along the center line of Marlow Road a distance of 2,129.5 feet; thence South 90 23' West a distance of 4,541.6 feet to the Point of Beginning of a parcel of land hereinafter described: Thence North 800 37' West, a distance of 157.5 feet; thence South 150 06' West a distance of 678.4 feet; thence South 800 37' East a distance of 450 feet; thence North 30 40' East a distance of 678.4 feet; thence North 800 37' West a distance of 157.5 feet to the Point of Beginning. Said parcel of land containing 5.93 acres, and being in the Southeast Quarter of the Southwest Quarter of Section 4, Township 7 South, Range 2 East, Baldwin County, Alabama. - 1 - '_�64 And that the Mayor be authorized to execute a conveyance for the CITY OF FAIRHOPE, conveying said property to JULIAN C. PRINE and EMILY W. PRINE, his wife. Councilman Poser moved that unanimous consent be granted for the immediate consideration of the said Ordinance, which motion was seconded by Counctl- man Gaston and upon the motion being put to vote tha folloaring vote was recorded: Yeast: Counci Iment: Boone, Gaston and Poser. Nayst. None. The Mayor thereupon dec 1 ared that the motion for the granting of unanimous consent for the i mmed i ante consideration of the: said Ordinance had been unanimously adopted. Councilman Boone: then moved that the said Ordinance be adopted, which motion was seconded by Councilman Poser and upon the mot i on bei ng put to vote the fo 1 1 owi nq. vote was: recordis&. Yeas: C ounc i I- ment. Boone, Gaston and Poser; Nays: None:. The Mayor thereupon dec 1 ared than the motion for the adoption of said Ordinance had been :unanimously carried and the said Ordinance duly adapted. Mayor Schneider presented and react the following, letter to the City/ Council: - Page 2 of two pages - Fairhope, Alabama May 27, 1963 City Council, City of Fairhope Fairhope, Alabama Gentlemen: After due consideration and investigation, I feel it necessary that I approach the Council with a problem that requires an immediate solution. The problem is the failure of our Police Department, and in particular its Chief, to provide our City with the type of protection which, as a Council, we are duty-bound to provide the citizens. In view of this, I hereby recommend that the Council take immediate steps to'remedy this situation, based upon the following: A. Repeated requests and demands by myself as Mayor that certain loiterers be removed from public places has been ignored and disobeyed. B. Contrary to my express instructions, teen agers continue to frequent certain places in violation of City Ordinances, which points to a lack of respect among the teen agers for the Police Department. C. Incidents where individuals have been arrested, placed in the City jail, and subsequently released without being docketed or tried. D. Our population increases, and the number of complaints to me have increased, but with a considerable decrease in arrests and fines since our present Police Chief assumed his duties. E. The over-all efficiency of the Police Department has greatly suffered due to lack of organization and coordi- nation amongst the patrolmen. It is apparent that the present Chief cannot effectively lead his Department. F. The number of violent incidents resulting in hospital- ization has greatly increased since our present Chief assumed his duties. The people of Fairhope expect and deserve better law en- forcement, and it is our duty to provide this. Sincerely, Joe Schneider, Mayor It was du I y movedh and seconded that the meeting a4kjourn. Motion Carr i ec4 A'Pprov" -,44 Mayor Attests City C: l erk t,3 i May 27, 1963 4 .*v City Council City of Fairhope Fairhope, Alabama Gentlemen: The Board of Directors for the Thomas Hospital herewith make their official request for payment of the $10,000.00 due in accordance with that Resolution as adopted by the Council for the City of Fairhope underwriting a two year loss of operation. Results of the September 30, 1962, audit by the State of Alabama, Department of Examiners of Public Accounts, Page 10, certify the accumulated net loss of $49,200.68. We, therefore, respectfully request the Hon. Joe Schneider, Mayor, City of Fairhope, call for a motion authorizing the payment of $10,000.00 to the Thomas Hospital in accordance with the above mentioned Resolution. Also, as a means of officially expressing its deepest appreciation and thanks for the wonderful support the Council has given the Hospital and to assure the Council this support has great meaning to the residents of Fairhope, the Board of Directors ask that this letter be read into the Minutes of this Council Meeting documenting this expres- sion of gratitude. Sin David B. Fuller, Chairman Board of Directors Thomas Hospital DBF:rc