Loading...
HomeMy WebLinkAbout02-24-1969 Regular Meetingy : -F STATE OF ALABAMA COUNTY OF BALDWIN The City Council of the City of Fairhope met in regular session at the City Hall, Monday, February 24, 1969 at 7:30 P.M., with the fo lowing members present: mayor Macon, Councilmen: Nix, Cowen, Box, Robertson and Bixhop. Minutes of the previous regular meeting were approved. This being date set for Public hearing on rezoning Lots 15 and 16 of Fairhope Colored Subdivision and Lot No. 4 in Block 2, of Cole- man Suburban Homes, all being in the North quarter of Section 20, Township 6 South, Range 2 East from R-2 to R-3, there being no protests, Councilman Bishop moved, Councilman Cowen seconded, that Ordinance No. 414, An Ordinance Amending Section 13, District Boundaries of Zoning Ordinance No. 295, be adopted as introduced at the regular meeting of February 10, 1969, Motion carried. This being date set for Public hearing on rezoning from B-3 to B-21 property on South side of Magnolia Avenue, there being no protests motion was made by Councilman Cowen seconded by Councilman Robertsi to introduce the following Ordinance: :ORDINANCE No. 415 An Ordinance Amending Section 13, District Boundaries, of Zon- ing Ordinance No. 295. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAIRHOPE, ALABAMA, That The Following Described Property Be Rezoned from B-3 to B-2: North i Block 7, Division 1, South side of Magnolia A_ve-, Except 1871,. feet from Section West. North i Block 89 Division 1, South side of Magnolia from Church to -Summit excepting 116� feet on Magnolia and 173 feet on Summit known as the Library Lot. Councilman Cowen moved 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 hereby suspended for the purpose of•kpermitting the said Ordinance to be finally passed and adopted at this meeting. Councilman Box seconded this motion. The question was put before the Council and on roll call the vote was as follows: Yea: Mayor Macon, Councilmen: Nix, Cowen, Bixhop, Robertson and Box. Nay: None. Motion adopted bk.unanimous vote. Councilman Cowen moved that said Ordinance No. 415 be finally passed and adopted as introduced. Councilman Robertson seconded this motion. The mayor put the question of final passage and adoption of said Ordinance to vote of the Council, and upon roll call the results were as follows: Yea: Mayor Macon, Councilmen: Nix, Cowen, Bixhop, Robertson and Box. Nay: None. The Mayor announced the results of the vote and declared the Ordinance finally passed and adopted. Motion by Councilman Nix seconded by Councilman Robertson that the following Ordinance No, 416, Model Glue Ordinance, be intro- duced: • ORDINANCE NO. 416 AN ORDINANCE OF THE CITY OF FAIRHOpE, ALABAMA, prohobitinc the sale, offer of sale, delivery or gift to any person under 21 years of age, of model glue or similar substance containing any one or more of any volatile solvents; defining certain words; making it unlawful to inhale the fumes of any model glue to induce or aid others to violate any of the provisions of this ordinance; mak ing possession of certain glues unlawful. BE IT OR DAINED by the City Council of Fairhope, Alabama, as follows: MODEL GLUE DEFINED: The definition of "model glue" as used in this chapter shall mean any glue or cement of the type commonly used in the building of model airplanes, boats and automobiles, or any similar substance which contains one or more of the following volatile solvents: (a) Acetone. (b) Amylacelate. (c) Benzol or Benzene. (d) Butyl acetate. (e) Butyl Alcohol. (f) Carbon tetrachloride. (g) Chloroform. (h) Cylohexanone. (i) Ethanol or ethyl alcohol. ( ) Ethyl acetate. (k) Hexane. (1) Isopropanol or Isopropyl alcoh< (m Isopropyl acetate. (n) Methyl "Cellosolve" acetate. (o) Meth ethyl ketone. (p) Methyl Isobutyl ketone. (q) Toluol or toluene. (r) Trichlorethylene. (s)'Tricesyl phosphate. (t) Xylol or Xyleni or any other solvent, material, substance, chemical, or combinatioi thereof, having the property of releasing toxic vapors. N] It shall be unlawful for any person to intentionally pols- sess any type of "mod el of any type of "model glue", or to induce any other person to do so, for the purpose of causing a condition of, or inducing symptoms of intoxication, elation, euphoria, diz- ziness, excitement, irrational behavior, exhilaration, paralysis, stupefacation or dulling of the senses or nervious system, or for the purpose of, in any manner, changing distorting or disturbing the audio, visual or mental processes; provided, however, that thi section shall not apply to the inhalation of any anesthesia for medical or dental purposes. UNLAWFUL TO HAVE SYMPTOMS FROM THE USE OF MODEL GLUE. It shall be unlawful for any person to have the symptoms of intoxication, elation, euphoria, dizziness, excitement, irrational behavior, exhilaration, paralysis, stupefacation, or dulling of t e senses or dulling of the nervous system, distortion of audio-visu or mental processes of such person from the use of any model,glue UNLAWFUL TO POSSESS MODEL GLUE. It shall be unlawful for any person to intentionally possess any type of "model glue" for the purpose of using the sam in the manner prohobited by the foregoing Sections of this chapte�- UNLAWFUL TO POSSESS, BUS,' SELL OR TRANSFER MOD EL GLUE. It shall be unlawful for any person to intentionally possess, butt, sell or otherwise transfer any type of "model glue" for the purpose of inducing or aiding any other person to violate the provisions of the foregoing Sections of this chapter. UNLAWFUL TO SELL OR TRANSFER MOD EL GLUE TO MINORS. (a) It shall be unlawful for any person to knowingly and intentionally sell or otherwise transfer, possession of any type of "model: glue" to any minor under the age of 21 years for any purpose whatsoever, unless at the time of the sale or other transfer of possession, s&1 d minor be accompanied by his parent or to guarbian, as the case may be, and the written consent gat/such sale or transfer of said minor's parent or guardian be signed by said parent or guardian in the presence of the person making the sale or transfer. (b) In such cases, the seller or transferror shall make a written record of such transaction, showing the name, address, sex and age of the minor, as well as the name and address of the consenting parent or guardian, which said record must be kept av- ailable for inspection by the Department of Police for a period of at least one year from date of transfer; provided that such records need not be kept if the sellor or transferror retains the content letters where such letters contain all of the required in- formation, as herein set forth. (c) It shall be unlawful to furnish any such consent let- ter which purports to be signed by a parent or guardian, which con- sent letter, or the signature signed thereto, is false in any respect. UNLAWFUL TO SELL MODEL GLUE TO PERSONS NOT BONA FIDE DEALERS; RE - It shall be unlawful for any wholesaler of merchandise to sell or transfer any quantity of "model glue" to any person whatsoever, who is not, or does not represent, a recognized bona fide retail dealer in merchandise customarily handling such product in the ordinary course of his or its business at a fixed location. If any such prohibited sale is made by any wholesaler,.it shall constitute prima facle evidence of an intent to violate the pro- visions of the foregoing Sections of this chapter. UNLAWFUL FOR PERSONS NOT BONA FIDE DEALERS TO SELL MODEL GLUE. (a) It shall be unalwful for any person, firm or cor- poration to engage in the retail sale of "model glue" unless such person, firm or corporation is a recognized bona fide retail deals -(at a fixed location) in-thbrchandise, customarily handling such product in the ordinatry course of his or its business. (b) It shall be unlawful for any bona fide recognized retail t dealer, as defined in the first paragraph of this Section, to sell more than one tube, or other minimum sized container, of "model glue" to any one customer within any 24-hour period; provided, that the provisions of this second paragraph do not apply to the sale of "model glue" together with a "hobby" or "Model" kit, and, further the provisions of this second paragraph do not apply to the sale or transfer of any "model glue" in regular sale or trans- fer between a retail dealer or wholesaler and a bona fide user of such glue for industrial purposes. (c) It shall be unlawful for any bona fide recognized retail dealer, as defined in paragraph (a) of this Section, to ke maintain, or prominently display in his business establishment any stock or supply of "model glue" in such manner or place as to make the same accessible to customers or any members of the pub lic, without actually receiving the same directly from the retaile or his bona fide authorized representative. After publication required by law, thi40rdinance shall become effective. Councilman Bishpp expressed opposition to the foregoing Ordinance. Motion by Councilman Robertson seconded by Councilman Bishol that the following Resolution be adopted: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAIRHOPE, that the City make certain improvements necessitated by inadequate drainage, lack of sufficient pedestrian walkway, street traffic and parking problems, as follows: 1. Church Street from Fels north to Oak Street, Im- provements to include curb and gutter, sidewalks, pavement widening and storm drainage as necessary. 2. Oak.Street from Summit to Section ,,Street. Im- provements to include curb and gutter, sidewalk (one side) paving and storm drainage as necessary. 3. m'brphy Avenue.East from Church to South Section. Improvements to include curb and gutter, side- walk, paving and storm drainage as necessary. BE IT FURTHER RESOLVED, that the City be authorized to use such funds as have accrued from gas taxes, being held by the State of Alabama for such purposes, and the required remaining funds to be provided from the Gas Funds, Electric Funds and such participations as can be obtained from the Fairhope Single Tax Corporation. Resolution adopted unanimously. Motion by Councilman Robertson seconded by Councilman Nix that City advertise for bids for operation of Snack Bar and marina) on new municipal Pier as follows: 'pq 9 INVITATION FOR BIDS Bids will be accepted by the City of Fairhope on 7th April, 1969, for operation of the Snack Bar and marina on the new muni- cipal pier. The Lease will be awarded to the bidder who will undertake the operation of both these facilities and allow the city the larg st percentage of gross receipts. The facilities are as shown on the plat of Pier on file at the City Hall. The bidder will be required to incmude with the bid a certi- fied check in the sum of $250.00 payable to the City of Fairhope, which will be refunded if the bid is not accepted or when he has signed the lease as tenant. Tenant will be required to operate the Snack Bar and to offer for sale to public: Soft drinks Candy Sandwiches and may offer for sale products usually offered in snack bars; and to operate the marina and have for sale to the public: Gasoline and oil Accessories for boats ind may offer for sale such products usually offered at marinas; ind to have for rental to the public: 0-- Stalls on an annual seasonal basis Stalls for dockage for transient boat Sail boats and power boats Tenant will be required to furnish to the City with a performance /0 O +�C1 • a e )and in the sum of , conditional for the performance of its duties under this lease and a certificate that he is covered For workman's compensation and public liability insurance in a sum )f a single liability of $1009000.00 both executed by a good and sulf- Ficient insurance company and execute a contract in form on file in :ity Hall. Lease is to run from the completion of the Pier zFx for opera- tion to the 1st day of June, 1974, with the renewal for one ad- ditional period of five years at the option of the Tenant. Tenant shaould be of a type to hold the better type of clien- tele and obtain favorable publicity for the City of Fairhope and o the municipal Pier. The City reserves the right to reject any and all bids. All bids should be on file with the Clerk of the City of Fairhi at 12:00 O'clock noon, 7th April, 1969, and the award or rejection will be madw within five (5) days from that date. Motion carried unanimously. Motion by Councilman Cowen seconded by Councilman Robertson that the following Resolution be adopted: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAIRHOPE, that Mr. Nelson be authorized to proceed with location of Eastern (Shore Cleaners on South West corner of Magnolia and Church. BE IT FURTHER RESOLVED that the Building Inspector be autho- rized to issue Building Permit for same. Motion carried. Motion by Councilman Robertson seconded by Councilman Nix that City advertise for bids on Fire Department Radio as per speci• fications. The City reserves the right to reject any or all bids. Bids to be opened at regular meeting of the City Council on March 10, 1969. Motion carried. Motion by Councilman Bishop seconded by Councilman Nix that City incur necessary expenses to sentl three firemen to Fire School April 13 thru 18th. Motion carried. Motion"by Councilman seconded by Councilman Box that the following Resolution be adopted: BE IT RESOLVED by the City Council of the City of Fairhope, that Mr. H. S. St. John be employed to make a survey of the elec- trical system to determine changes desirable for future distribu- tion of electricity and location of substation. BE If FURTHER RESOLVED that Mr. St. John make a study of the Electric rates. Motion carried unanimously. ppe Motion by Councilman Robertson seconded by Councilman Bishop that Mr. Donald Olds be reappointed to the Industrial Development Board of the City of Fairhope for a period of six years, term ending Jane 259 1975. Motion carried. Motion by Councilman Cowen seconded by Councilman Bishop that the City advertise for bids on gasoline for City of Fairhope. Bids to be opened at regular meeting of the City Council on march 10, 196 at 7:30 p.m., at City Hall. The City reserves the right to reject any or all bids. Lotion carried. Motion by Councilman Cowen seoonded by Councilman Nix that Mayor a point a committee to enter into negotiations for purchase of proper on South Section Street adjoining property now owned by City. Mo- tion carried. Mayor Macon then appointed CouncilmenP Cowen, Bishop and Robertson as the committee. Motion by Councilman Box seconded by Councilman Robertson that Superintendent be authorized to purchase truck load of 2" and 1" gas pipe. Motion carried. Motion by Councilman Bishop seconded by Councilman Robertson that City purchase office equipment from R.E.A Motion by Councilman Cowen seconded by Co meeting adjourn. Motion carried. Approved ATTEST: City Clerk ;y