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HomeMy WebLinkAbout04-25-1966 Regular MeetingSTATE OF ALABAMA OUNTY OF BALDWIN City Council of the City of Fairhope met in regular session at City Hall, Monday, April 25, 1966 at 7:30 P.M. with the follow - members;: present: Mayor Macon, Councilmen: Spader, Reynolds, es, Gaston and Stine. minutes of the previous regular meeting were corrected to read follows: Motion by Councilman Stipes seconded by Councilman Spader that the City fill in Stacks Gully and proceed with bulk- head from the Pier south to the first property line, this work will cost approximately $169000.00. George Dyson is authorized to purchase necessary materials to proceed with plan. Motion carried, utes approved as corrected. s. Ann Wood and Mrs. F.H. Dietz reported to the Council on the Great Books Discussion Program and requested that the City nate toward the initial cost of the books which will be used from ar to year in the program. Action to be taken at the nexit regul: eting of the Council on May 9, 1966, lotion by Councilman Reynolds seconded by Councilman Gaston that ►rdinance # 3579 AN ORDINANCE FIXING AND ESTABLISHING THE GRADE OF CERTAIN PR TION OF AZALEA STREET, BON SECOUR STREET, BLUE ISLAND VENUE, ETTLE STREET, GRAND AVENUE,INGLESIDE STREET, PAYLYNN DRIVE, 'ECAN STREET, PERDIDO AVENUE, POMELO STREET, RONFORTH STREET, WILFR !TREET, WHITE AVENUE AND GYMNASIUM DRIVE, introduced at the regular Meeting of April 11, 1966 be adopted as introduced. Motion carried, btion by Councilman Gaston seconded by Councilman Reynolds that mprovement Ordinance #358, AN ORDINANCE TO PROVIDE FOR CERTAIN MPROVEMENTS ON AZALEA STREET, BON SECOUR STREET, BLUE ISLAND AVE- UE, ETTLE STREET, GRAND AVENUE, INGLESIDE STREET, PATLYNN DRIVE, ECAN STREET, PERDIDO AVENUE, POMELO STREET, RONFORTH STREET, WIL- RED STREET, WHITE AVENUE AND GYMNASIUM D11VE9 introduced at the egular meeting of April 119,1966 be adopted as introduced. Motion arried. request to open Third Street between Pecan and Fig was held ove: nex;Et regular meeting of the Council. Mr. Dyson was instructed prepare cost estimate. tion by Councilman Gaston seconded by Councilman Stine that the quest for Beer Permit at Audrey's Restaurant on South Section St. approved. Upon being put to vote the following vote was record- s For: Councilmaltn Gaston and Councilman Stine. Against: Council. n: Spader, Reynolds and Stipes. !yI otl o v, lotion by Councilman Stine seconded by Councilman Gaston that Mr. ason Kutack be appointed to the Fairhope Library Board for a pert f five years, effective May 4, 1966. Motion carried unanimously. his bexng' date set for opening bids on Cast Iron Pipe the ids were presented to the Council: American Cast Iron Pipe Company 89000' - 6" Pipe - City Specifications ® 01.795 ft. 590001 - 8" " " " 2.42 " NoWane Cast Iron Pipe Company 8900011 - 6" Pipe - City Specifications ® $1.84 ft. 59000 ! - 8" " " " , 2.61 " ion by Counoilman Reynolds seoonded by Counoilman Stipes that City accept low bid of Amerioan Cast Iron Pipp Company. Motion riedo ment building on Fairhope Avenue was discussed and parried to the next regular meeting of the Council. A letter dated April 19919669 from Mr., R. A. Davis with a request - for suitable street lighting on the portion of Seacliff Drive with- in the Fairhope City Limits and a request to move wires aoross lots without right of easement, now belonging to Riviera Utilities,- was read to the meeting and planed on file for future reference. George Dyson and Councilman Stipes were requested to oheok to determine if limbs etc. could be put at the west end of Grand Ave- nue to slow water from spillway. The following Ordinanoe # 362 was introduoed to the Council. 1la 0 3 ORDINANCE NO. .36 Z BE IT ORDAINED by the CITY OF FAIRHOPE, a Municipal Corpora- tion, in the State of Alabama, as follows: SECTION 1. Definitions. For the purpose of this Ordinance, the following terms, phrases, words, and their derivations shall have the meaning given herein. When not inconsistent with the con- text, words used in the present tense include the future, words in the plural number include the singular number, and words in the singular number include the plural number. The word "shall" is always mandatory and not merely directory. (a) "City" is .the City of Fairhope, Alabama. (b) "Company"is Sam E. Giles and Josephine Giles and their assignees, the Grantee of rights under this Franchise. (c) "Commission" is the Board of Commissioners of the City of Fairhope, Alabama. (d) "Person" is any person, firm, partnership, association, jcorporation,, company or organization of any kind. SECTION 2. Grant of Authority. There is hereby granted by 'the City to the Company the right and privilege to construct, erect (operate and maintain, in, upon, along, across, above, over and and Ithe streets, alleys, public ways and public places now laid out or dedicated, and all extensions thereof, and additions thereto,' in the City, poles, wires, cable, underground conduits, manholes, and other television conductors and fixtures necessary for the main- tenance and operation in the City of a community television system for the interception, sale and distribution of television'_signals and other incidental services upon the terms and conditions herein contained. SECTION­3. Non -Exclusive Grant. The right to use and oc said streets, alley, public ways and places for the purposes herein set forth shall not be exclusive, and the City reserves the right to grant a similar use of said streets, alleys, public ways and places, to any person at any time during the period of this Franchi e. SECTION 4. Approved Installation Required. The poles and is used by the Company in its television distribution system shall be those erected by it or its successors or assigns and/or erected and maintained by such other persons, firms or corporation? maintaining poles or posts within the city limits, when and where practicable, providing mutually satisfactory rental agreements can be entered into with said persons, firms or corporations. Construction and maintenance of the transmission and distri- bution system shall be in accordance with the provisions of the National Electric Safety Code, prepared by the National Bureau of Standards, the National Electric Code of the National Board of Fir( Underwriters, and such applicable ordinances and regulations of the City affecting electrical installations, which may be in effect now or in the future. All installations shall be of permanent nature and installedi in accordance with good engineering practices, and shall be of 1 sufficient height to comply with all City regulations, ordinances and state laws so as not to interfere in any manner with the right of the public or individual property owners, and shall not inter- fere with the travel and use of public places by the public, and during construction, repair or removal thereof, shall not obstruct or impede traffic. The Company's transmission and distribution system, poles, wires and appurtenances shall be located, erected and maintained so as not to endanger the lives of persons, or cause damage to property, or to interfere with new improvements the City may deem proper to make, or to unnecessarily hinder or obstruct the free usl of the public highways, streets, alleys and other public ways, and removal -of poles to avoid such interference will be at the expense of the Company. In the maintenance and operation of the television trans- mission and distribution system in the City of Fairhope and in the course of construction or additions to their facilities, the Compa shall proceed so as to cause the least possible inconvenience to the general public. Any opening or obstruction in the streets or other public places made by the Company in the course of its operz tions or the operations of its successors or assigns shall be guarded and protected at all times by the placement of adequate -2- barriers, fencings, or boardings, the bounds of which during peri of dusk and darkness shall be designated by warning lights of ap- proved types. The Company agrees to remove the facilities erected under the terms of this agreement in the event it ceases to operate here under. SECTION 5. Compliance with Applicable Laws and Ordinances. The Company shall, at all times during the life of this Franchise, be subject to all lawful exercise of the police power by the City including compliance with the National Electrical Code and the National Safety Code. SECTION 6. Company Liability - Indemnification and Insuranc Requirements. It is expressly understood and agreed by and betwe the Company and,the City that the Company shall indemnify, protect and save harmless the City from all claims, demands, actions, judg ments" costs, expenses and liabilities of very name and nature which may arise or result directly or indirectly from the Company' { construction, operation or maintenance of its system and the exer- cising of the rights granted hereunder. The Company shall carry insurance with a company qualified to do business in Alabama to i I protect the parties hereto from and against any and all such claim; demands, actions, judgments, costs., expenses and liabilities, with minimum policy limits of Twenty -Five Thousand and No/100 Dollars ($25,000.00) for property damage; One Hundred Thousand and No/100 Dollars ($100,000.00) for personal injury or death to any one per- . _ t son, and Three Hundred Thousand and No/100 Dollars ($300,000.00) for personal injuries or death arising out of any one accident, evidence thereof to be filed in the Office of the City Clerk and maintained continually during the exercise of the rights granted under this Franchise. SECTION 7. Conditions on Street Occupancy. (a) Use. All transmission and distribution structures, lin( and equipment erected by the Company within the City shall be so located as to cause minimum interference path the proper use of •a 9912 streets,' alleys and other public ways and places, and to cause minimum interference with the rights or reasonable convenience of property owners who adjoin any of the said streets, alleys or othe public ways and places. (b) Restoration. In case of any disturbance of pavement, sidewalk, driveway or -other surfacing, the Company shall; at its `.awn cost and expense and in a manner approved by the City Engineer replace and restore all paving, sidewalk, driveway or surface of any street or alley disturbed, in as good condition as before said f work was commenced. (c) Relocation. In event that at any time during the perio of this Franchise the City shall lawfully elect to alter, or chang the grade of any street, alley or other public way, the Company, upon reasonable notice by the City, shall remove, relay, and re- locate its poles, wires, cables, underground conduits, manholes and other fixtures at its own expense. (d) Placement of Fixtures. The Company shall not place poles or other fixtures where the same will interfere with any gas sewer, electric or telephone fixture, water hydrant or main. (e) Temporary Removal of Wire for BuildUng-Moving. The Company shall,, on the request of any person holding a building moving ,permit issued by the City, temporarily raise or lower its F wires to permit the moving of buildings. The expense of such tem- porary removal, raising or lowering of wires shall be paid by the r person requesting the same, and the Company shall be given not les than forty-eight (48) hours advance notice to arrange for such temporary wire chages. (f) Tree Trimming. The Company shall have the authority to trim trees upon and overhanging streets, alleys, sidewalks and public places of the City so as to prevent the branches of such trees from coming in contact with the wires and cables of the Com- pany, all trimming to be done under the supervision and direction of the City and at the expense of the Company. SECTION 8. Approval of Transfer. The Company is hereby granted the power to sell, transfer or convey its rights hereunder to any person, firm, corporation or individual. EM 111 SECTION 9. Payment to City. The Company is to pay to the City,, in addition -to any and all privilege licenses, and other charges hereinafter levied by the City, a sum equal to three per cent (-3/) of the gross rental income received by the Company,but not including any income received by the Company for connection orl disconnection charges or other income, for revenues within the corporate limits of the City, payable semi-annually on or before the first day of July and the first day of January of each year immediately following the commencement of operation within the Cit�- An annual summary report showing gross rental receipts received the Company from its operations within the City during the preced ing year and such other information as the City shall request witY respect to,properties and expenses related to the Company service within the City shall be furnished on or before January 1 of each year. SECTION 10. Term of the Franchise. The Franchise and right herein granted shall take effect and be in force from and after the effective date hereof, as required by law,, and continue in force and effect for a term of thirty (30) years; provided, howevek this franchise may be revoked if the construction of the system'i: not commenced within one (1) year from the date final approval'is granted the Company by any and all state, county, or federal legal bodies, and substantially completed within two (2) years from said date. This franchise is also revocable for just cause by the City such just cause contemplated -herein as failure to pay franchise taxes or fees as hereinbefore set out or failure to comply with any other terms set forth in this agreement by the City, such re- vocation to be preceded by notice in writing to the Office of the Company setting forth in what respects said franchise has been ab- rogated by the Company and, if said Company does not correct or comply with the deficiency or breach by it within thirty (30) days after such notice, then and in that event the City will set a datE for a hearing at which time the Company shall present matters,in mitigation of the circumstances surrounding said breach or defy:, - ciency. -5- SECTION 11. Separability. If any section, subsection, sen- tence, clause, phrase or portion of this Ordinance is for any reason held invalide and unconstitutional by any court of compet jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion hereof.' ADOPTED this day of ,r 1966. ATTEST: v CrITY CLERK e CITY OF FAI HOPE, a Municipal Corporat BY MAYOR e :)n am '09 Motion by Councilman Stine seconded by Councilman Reynolds that all rules governing the council which might, unless suspended, prevent the passage and adoption of the ordinance at this meeting, be and the same are hezeby suspended for the purpose of permitting the said ordinance to be finally passed and adopted at this meet- ing. The question was put before the council and on roll call the votewas as follows: For: Councilmen: Spader, Reynolds, Stipes Gaston and Stine. Against: None. Motion carried unanimously. Councilman Stine moved that Ordinance #362 be finally passed and adopted as introduced which motion was seconded by Councilman Stipes. The question of final passage and adoption of said Ord- inance was put to vote of the council with the following results: For: Councilmen: Spader, Reynolds, Stipes, Gaston and Stine. Against: None, The Mayor then declared the Ordinance finally pass ed and adopted by unanimous vote of the council. Motion by Councilman Reynolds seconded by Councilman Gaston that a request be made of Mr. Donald Mills that George Dyson and Pete Wiggins be retained by Mr. Mills for inspection of West Baldwin Water Authority system and that Mr. Mills pay to the City of Fair - hope for services of Mr. Dyson and Mr. Wiggins. Motion carried. Motion by Councilman Stipes seconded by Councilman Spader that the Council approve$ the employment of personnel for the summer recre- ation program as presented by the Recreation Board. Motion Carrie Councilmen Gaston, Stipes and Stine were appointed as a committee to work up a pay increase schedule for City employees and a cost estimate of increase to the City. Motion by Councilman Gaston seconded by Councilman Stine that the meeting adjourn. Motion carried. Approved: Mayor Attest: ity VIOrk / J 9 GENERAL FUND: Hall Sign and Post, Inc. Fairhope Pharmacy, (police) Klumpp Motor Co. Coastal Concrete Co.' Bidgood Stationery Co. Robert S. Bateman Maury Ins. Agcy. Gulf Lumber Yards, Inc. Griffin motor Supply Southern Auto Parts 0 Lowell Western Auto Assoc. Store Trailway Oil Co. Fairhope Courier (police 21.12' Gen. 63.28) Circle Pipe an'd Supply Co. Virgil Herston, (plaice) Waller Bros. Truck Equipment Sales Rudy's Automotive Supply Fuel Oil Supply Co. Fairhope Clay Products Co. Fairhope Hdwe. and Supply Co. 101MIA Sanitary Chemical Supply Co: XX1Zc Fairhope Upholstery Co Gaston Motor Co(Gen. 35.0511police McKean Paint and Hdwe. Western Lumber and Supply Co. Burford Equipment Co. Universal Joints Warehouse Marine Specialty Co. Jack Cocke & Co.'(fire Dept) Parker House (prisoners Meals) Audrey's Restr:'(prisoners Meals) Jjjlwins Restr. (Prisoners Meals) Duck Armstrong Equipment Co. John R. Cowley and Bros.' W' S. Darley & Co. Delchamps Inc. (police) 27.50) Fairhope Shell Servo (Police 400 Gen: Forbes Electronics Dist. (police) Fairwood Groc: (police) Gulf Oil Co. Walter A Hoffman Hall Sign & Post Inc. C of C 83.52, Minnesota. Mining and Mfg. - City Mkt.,and Groc. Ray Brooks Mach." Co:' Radcliff Materials Inc. Sears, Roebuck and Co. Southern. Building Code Pub.- Co. Woodrow Wilson Fairhope Welding and Mach. Nix and Fleming Supply Co.,(police) GAS DEPARTMENT: Gen.' Elec. Mueller Co. Material Sales. , M & S Servo Sta Western Auto Assoc. Store Truck Equipment Sales Inc. Apo 7.50) Gen. 2553 $ 118.48 16.22 76.92 113.65 12.65 28.50 18.00 313.56 7.99 52.68 3.75 6.38 73.'65 84.40 132..00 40.00 13..42 20:56 76:33 129.20 62.00 40.50 2:35 11.00 62.55 3.6 5' u 32.40 5.46 12.78 42.54 9.7 5 2.00 5.00 �7.VS 150.00 28.22 36.00 10.17 15.96 11:50 8.82 13.50 807.43 4.00 109.05 290.93 5.52 24.62 7W5- 49.95 3.00 313.20 52.80 6:'24 366 f, 93 720.00 121.21 123.30 2.50 57.88 296.50 131 <92-1.1 � /$2,7z GAS DEPARTMENT CONTINUED: Foley Tractor Co. 15.17 Fairhope H dwe:_,an.d Supply 17.00 Turner Supply Co. 35.28 Fairhope Upholstery, Co 5.00 Cowles Printing Co., 38.00 Marine Specialty Co. 174.24 222igi American Meter Co. 332.29 American Public Gas. 87.25 Fairhppe Shell Serv: 13.00 Walter A. Hoffman 1125 Fairhope gelding and Mach: 177.50 zal7.z 7 ELECTRIC DEPARTMENT: Riviera 41lities ' llt098.16 Threadgill Body and Paint Shop 8.00 Western Auto Assoc. Store 10:88 Hill- Soberg Co.� 137.28 D.' D. Golden 15.84 Truck Equipment Sales Inc. 285.00 Fairhope Hdwe: and Supply 1.50 Fairhope Upholstery Co.' 1.60 Gaston Motor Co'. 11339 Western Lumber & Supply 12.55 Fairhope Shell Servo 2.50 Fairhope Photo Shop 13.50 Hatfield & Co. 3,910.50 Nix and Fleming Supply Co. 19159.125 76 9, y WATER AND SEWER: Coastal Concrete Co. Southern Auto Parts Fairhope Hdwe. and Supply Material Sales Turner Supply Co. W._R.,Mitchell McKean Paint and Hdwe: Western Lumber and Supply Barry Pattern and Foundry Marine Specialty Co. Opelika Foundry Co. Badger Meter Mfg.:" Co. Hach Chemical Co.` Mueller Co' City Market & Groc. McKesson and Robbins Neptune Meter Co." Smith Blair Co. Co.. Co. Wallace and Tiernan Inc. Fairhope gelding and.Machine Nix and Fleming Supply Co' RECREATION DEPARTMENT: McKean Paint and Hdwe Co (� 23.70 18.90 6?.85 179.17 243.69 58.75 2.48 12.00 82.50 2.78 8805 61Rxazxxik&xf6 93.24 6.22 35.89 258 95.63 132.00 51:03 1,088.00 77.30 9.13 19.75 k r o ll�r 601 II Thio U� in 4htz (S %S P .. . f r f iQ 04fo� cleact r u tQ.61¢ rS trQe 1(� t o on o hies �rs rSOCe Fa' Aope C; ��v»r7�5• tS Ad5 ben G(/stuss�c� r ACrd- 0r(z oafuraJ( a�r� �t1� 7a)c(r'6' / 1 / - e� ¢r f ¢�lGr n CLnr� �T i5 e�(l.vcd ?�n�s to XS o io O'th 1 S�4zaks r DT/lQls as Well, I jj ( L� �1(( C AITU lU /1 i l a AQ� U erl.-r Ti'l2 Ct�lr¢S � Acme S - C°('o�s oUr ��-� �n� W anal /nr. j nor"s +ham a-f�i�r f'I�ies rjo�k) o uave �zue,5edm as -ham asA AOvz- no� ,r�ssed 4ei -7 -`� v¢r This ar n¢(r s��' m r /nq-reG (,�2� Ur)'tr1 �afrhPPci T��C¢S � rc re�oFd als�o ' �� wand � make- irs ra v�s� a paw . - - ' no copIcern / I bro en WAi A I,5 on cur M eT� r I S Y, J P �o jf d r� knPwn - v+era � kn� RoW �0 arlse ia4cr, 4anks r aff ®5Steon raTlv�, �,