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Home My WebLink About03-23-1964 Regular Meetingr> STATE OF ALABAMA COUNTY OF BALDWIN The City Council of the City of Fairhope met in regular session at the City Hall, Monday,, Maroh 23, 1964 at 7:30 P. Me, with the following members present: Mayor Schneider, Councilmen: L., I.= Boone, J. E" Gaston, Jr., W. J.l Nelson, We' 0.� Poser and Re, J. Spader.` The minutes of the previous regular meeting were approved., Notion by Councilman Gaston seconded by Councilman Nelson that the following Ordinance be introduced: ORDINANCE # An Ordinance amending Section 13 of Zoning Ordinance # 2,U o BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAIRHOPE ALAo that the request of Robert Nahrgang to re one from R-1 to R-29 hection of Fairwood Subdivision South of Gayfer Sto as per plat presented and recommended by the Fairhope Planning Commission be approved. Motion by Councilman Nelson seconded by Counoilman Poser that the City install necessary drain tile to correct drainage roblem in alley adjoining property of Culver, Jones, Archer and Newman at an approxi- mate cos of 750,00. Motion carried unanimously. - Motion by Councilman Poser seconded by .Councilman Gaston that the following Resolution be adopted subject to referendum of the Fairhope Single Tax Corporation to be held at a later date. Notion carried unanimously. RESOLUTION WHEREAS, Fairhope's library service was instituted by the Fairhope Single Tag Corporation and has, for many years been largely dependent for its financial support upon monthly appropriations of dunds from the treasury of said Corporation, and WHEREAS, at a meeting of members of said Corporation a motion was adopted proposing that such action be taken as might to necessary to secure acceptance by the City of Fairhope of the obligation to provide Public Library Service, as so authorized by the Code of the State of Alabama, in order to provide such service with a broader and more adequate basis of support, and WHEREAS, a joint committee composed of R. He, Brown and 0. Me- Rockwell, as representatives of the Fairhope Single Tax Corporation and J. E. Gaston, Jr. and Walter Poser, as representatives of the City of Fairhope have suggested conditions as the basis for transfer to the City of the library facilities, . NOW THEREFORE BE IT RESOLVED THATs In consideration of the City of Fairhope's acceptance of the responsibility to establish and maintain Public Library subject to member a Service in the City of Fairhope, sub j approval at a referendum election to be held in the Colony office between the hours of two and six P. Me- on the day of , 19649 the Fairhope Single Tax Corporation; �Te Fairhope rary seum Association concurring, does hereby agree to transfer to the City of Fairhope, all items within the library building which are considered to be a part of or needed in the conduct of such library service, at no cost to the City., And the Fairhope Single Tax Corporation does hereby agree to lease to the City of Fairhope, for an initial Berm of five (5) years, its existing library building at no charge other than payment by the City to Fairhope Single Tax Corporation of the annual rental value of the land now occupied as the site of said building; and the further obligation of the City to pay all maintenance costs of the building, NO equipment and grounds and to maintain fire and extended coverage insurance on said building and equipment payable to the Fairhope Single Tax Corporation as its interest may appear. Said lease is to be made for library purposes only and may be terminated by the City should it provide its own building for occupancy by the library prior to the end of the initial term. And, in the event that no library building has been provided at the end of the five year term, then the Falhope Single Tax Corporation does hereby agree to renew said lease for such extended term and upon such conditions as may be mutually agreed to, or, if the Cit so desires, to seihl the building to the City and issue to it Le Corporation's regular 99 year lease to the land. As a further consideration for the foregoing transfer the City is to agree that if and when a new library building 1s erected, a suitable plaque will be installed with wording as prescribed by the Fairhope Single Tax Corporation giving it credit for the establish- ment of a library and maintenance thereof from the time said library was established until transferred to the City of Fairhope. Motion J= by Councilman Poser seconded by Councilman Nelson that the City hire employee for information booth to serve at the pleasure of the City Council and whose salary will be fixed at $150,00 a month. Motion carried unanimously., Letter from Mr. Beiser on Grand Avenue Gully Improvement discussed., No action taken. Mr., J nes request for sewer extension on Volanta Avenue and letter from 9. I. Reynolds requesting sewer extension were discussed and tabled.! Motion by Councilman Boone seconded by Councilman Poser that the City correct drat a problem of Bob Green on Greeno Road at an approxi- mate cost ofj00.00. Motion carried unanimously. Motion by Councilman Boone seconded by Councilman Nelson that the Mayor be authorized to sign the following agreement. Motion carried unanimously.{ STATE OF ALABAMA COUNTY OF BALDWIN SETTLEMENT AGREEMENT DISPOSING OF ALL APPEALS TO THE BOARD OF ZONING ADJUSTMENT OF THE CITY OF FAIRHOPE WITH RESPECT TO CITY ORDI- NANCE N0, 112 AND NOTICES TO REMOVE ISSUED PURSUANT THERETO. IT IS AGREED by and between the CITY OF FAIRHOPE, a municipal corporation, by E. G. Riekarby, its attorney of record, in said anneals to the Fairhope Board of Zoning Adjustment, heard on March 2, 19649 and the moving parties in said appeals, CRAWFORD ADVERTISING AGENCY, INC., a corporation, and CHAS. WALLER ADVERTISING, INC., a corporations that all of the appeals before the Board of Zoning Adjustment be dis- posed of as hereinafter set out: - All notices to remove signs appealed from, except the notice pertaining to the Dairy Fresh sign at Location #12 on map of Crawford Advertising Agency, Ina., (Ex.#11 are improper and hereby declared void; (b) That the notice to remove that sign is correct and said sign will not be erected in a residential area of the City of Fairhope as it is improper under the City's zoning law; (c) That the Coca Cola Company sign, I.E., Location #2, on said map (Ex.#1)9 is now located where a public street has been planned, so it may be moved to either side of said street and may be kept in the general location, under said zoning law; deithertheTCITYthere OF FAIRHOPE ornd hall the bCRAWFORDliability VERTISINGthe AGENCYpart of to each other, or , INC. any person, fmrm or corporation, for the erection and maintenance of said signs in their present location, Br for the notice issued, or for their being removed; -A (e) That this agreement is to be filed with the Board of Zoning Adjustment of the City of Fairhope and is to be the disposttion of all of said appeals; that the signs which were taken down may be re -erected in their old locations, except the said Dairy Fresh sign and the said Coca Cola Company sign may be moved and re -erected as above stated; (f) That the suits seeking injunctions heretofore filed in the Circuit Court of Bildwin County, Alabama, against the CITY OF FIARHOPE by CRAWFORD ADVERTISING AGENCY, INC. and CHAS. WALLER ADVERTISING, INC. be dismissed; (g) That the Board of Zoning Adjustment of the City of Fairhope has not decided that it has jurisdiction of these appeals, and consents that these appeals presently pending before it may be disposed of by the foregoing agreement. IN WITNESS WHEREOF, the CRAWFORD ADVERTISING AGENCY, INC., a corporation CHAS. WALLER ADVERTISING INC., a corporation and the CITY OF FAIkHOPE, a municipal eorpora�ion, have caused their respec- tive names to be signed to this agreement by their duly authorized officers or their attorneys of record in this cause, all berg thereunto duly authorized on this the ,day ofQ,L, �1 �64. APPROVED: (SEAL) BOARD OF ZONING ADJUSTMENT OF THE CITY OF FAIRHOPE, ALABA MA BY-sL R. C, Macon (SEAL) " Its Chairman APPROVED: CITY OF FAIRHOPE BYsl Joe Schneider (SEAL) s-mayor ERAWFORD ADVERTISING AGENCY, INC., a corporation, BY:_s/ M. Be Binion. Jr. (SEAL) Its President s/ T, G. Gr6aves, Atty, CHAS. WALLER ADVERTISING, INC., BY:Chas. L. Waller (SEAL) Its President CITY OF FAIRHOPE, a municipal corporation, BY ; SEAL) E. HlokarbyA tor' Motion by JCouncilman Nelson seconded by Councilman Poser that the firemen's salary be increased $25,00 per month,- Motion carried unan- imously. Motion by Councilman Nelson seconded by Councilman Gaston that 0450.00 be authorized to send three firemen to fire school on April 12 through April 17. Motion carried unanimously. Mr., Schermer, Chairman of the Public Building Authority, Mr. Anderson and Mr. Ruffles, members of the Board, Mr. Woods, Architect, and Mr, - Bateman, Planning Consultant, met with the Council pertabing to pro- posed building program. Motion by Councilman Poser seennded by Councilman Spader that the Board proceed with plans so that the City's rental charges do not exmeed 329000 40 per year but different figures be made as to cost of Assembl Hall 90 that the Counei1 oan consider deleting it. y Motion by Councilman Boone seconded by Councilman JGast&n that Councilman Poser's motion be tabled because, based on Mr. Schermer's statement of $32 000.00 debt service per year for 30 years, the City will pay $960,00b.00 to obtain $4509000.00 worth of improvements. The City will pay $5109000900 in interest alone. Upon being put to vote the following vote was recorded: Voting for: Councilmen Boone and Gaston. Voting Against: Mayor Schneider, Councilmen Poser and Spader. Councilman Nelson abstained from voting. The Mayor then called for a vote on Councilman Poser's motion with the following vote recorded: Voting for: Mayor Schneider, Councilmen Poser and Spader. Voting Against: Councilmen Boone and Gaston. Councilman Nelson abstained from voting because he was not ready to vote either way at this meeting. Motion by Councilman Poser seconded by Councilman Spader that the City use Municipal Street Aid Program money for paving in Municipal Park Area as soon as the Architect's plans progress far enough to locate improvements. Upon being put to vote the following vote was recorded: Voting for: Mayor Schneider, Councilmen: Poser, Spader and GastoA/ Councilmen Boone and Nelson abstained from voting. Motion carried. Motion by Councilman Poser seconded by Councilman Spader that the Mayor be authorized to hire Claude Arnold to survey land to be trans- ferred to the Public Building Authority after such time as they inform the City Council of amount desired. Upon being put to vote the follow- ing vote was recorded: Voting fors Mayor Schneider Councilmen Poser and Spader: Councilmen Boone, Gaston and Nelson abstained from voting. Nx.' Lacey, Attorney, Met with the Council pertaining to the Daphne Gas contract. Motion by Councilman Boone seconded bLition Councilman Spader that the Council authorize partial ppaym n of 2 000.00 to Bartley and Lacey on their bill dated March Z1, 964. carried unanimously. It was duly moved and seconded that the meeting adjourn.. Motion carried.` Approved Mayor Attest: e y Clerx STATE OF ALABAMA COUNTY OF BALDWIN SETTLEMENT AGREEMENT DISPOSING OF ALL APPEALS TO THE BOARD OF ZONING ADJUSTMENT OF THE CITY OF FAIRHOPE WITH RESPECT TO CITY OR- DINANCE NO. 312 AND NOTICES TO REMOVE ISSUED PURSUANT THERETO._ IT IS AGREED by and between the CITY OF FAIRHOPE, a municipal corporation, by E. G. Rickarby, its attorney of record in said ap- peals to the Fairhope Board of Zoning Adjustment, heard on March 2, 1964, and the moving parties in said appeals, CRAWFORD ADVERTISING AGENCY, INC., a corporation, and CHAS. WALLER ADVERTISING, INC., a corporation, that all of the appeals before the Board of Zoning Ad- justment be disposed of as hereinafter set out: tad- All notices to remove signs appealed from, except the notice pertaining to the Dairy Fresh sign at Location #12 on map of Crawford Advertising Agency, Inc., (Ex. #1), are improper and hereby declared void; (b), That the notice to remove that sign is correct and said sign will not be erected in a residential area of the City of Fair - hope as it is improper under the City's zoning law; (c) That the Coca Cola Company sign, i.e., Location #2, on said map (Ex. #1), is now located where a public street has been planned, so it may be moved to either side of said street and may be kept in the general location, under said zoning law; That there is, and shall be, no liability on the part of either the CITY OF FAIRHOPE or the CRAWFORD ADVERTISING AGENCY, INC. to each other, or any person, firm or corporation, for the erection and maintenance of said signs in their present location, or for the notice issued, or for their being removed; JgJ That this agreement is to be filed with the Board of Zoning Adjustment of the City of Fairhope and is to be the disposition of all of said appeals; that the signs which were taken down may be re - erected in their old locations, except the said Dairy Fresh sign and the said Coca Cola Company sign may be moved and re -erected as above stated; -2- (f) That the suits seeking injunctions heretofore filed in the Circuit Court of Baldwin County, Alabama, against the CITY OF FAIRHOPE by CRAWFORD ADVERTISING AGENCY,,INC. and CHAS. WALLER AD- VERTISING, INC. be dismissed; That the Board of Zoning Adjustment of the City of Fair - hope has not decided that it has jurisdiction of these appeals, and consents that these appeals presently pending before it may be dis- posed of by the foregoing agreement. IN WITNESS WHEREOF, the CRAWFORD ADVERTISING AGENCY, INC., a corporation, CHAS. WALLER ADVERTISING, INC., a corporation, and the CITY OF FAIRHOPE, a municipal corporation, have caused their re- spective names to be signed to this agreement by their duly au- thorized officers or their attorneys of record in this cause, all being thereunto duly authorized on this the day of 1964. CRAWFORD ADVERTISING AGENCY, INC., a corporation, s P sident ��,ACHAS. D T VER ISIN , INC., a corporates, BY: Its Pres SEAL CITY OF FAIRHOPE, almunicipal corporation, BY: (SEAL) is ar y, Attorney APPROVED: (SEAL) BOARD OF ZONING ADJUSTMENT OF THE CITY OF FAIRHOPE, ALABAMA BY* (SEAL) Its C airman APPROVED: (SEAL) CITY OF FAIRHOPE BY: / ) s Kayor