HomeMy WebLinkAbout04-09-1973 Regular MeetingSTATE OF ALABAMA
COUNTY OF BALDWIN
The City Council of the City of Fairhope met in regular session
at the City Administration Building, 387 Fairhope Avenue, Monday,
April 9, 1973 at 7,00 P.M. with the following members present:
Mayor James P. Nix, Councilment David (Ed) Bishop, H. G. Bishop,
Sam E. Box, 011ie E. Deese and Barney L. Shull,
I
Minutes of the previous regular meeting were approved.
Motion by Councilman Barney Shull seconded by Councilman 011ie
Deese that Ordinance No, 5039 An Ordinance Amending Section 13,
District Boundaries, of Zoning Ordinance No. 295, by rezoning
from R-1 to R-3, Parcel B, Niemeyer Subdivision, introduced at
the regular meeting of March 26, 1973 be adopted as introduced.
Upon being put to vote the fallowing vote was recorded: Voting
Fors Councilment Barney L. Shull, 011ie E. Deese and H. G. Bishop
Voting Againsts Councilment Sam Box and Ed Bishop. Motion carrie
and Ordinance adopted.
Motion by Councilman Sam Box seconded by Councilman H. G. Bishop
that the City advertise for public hearing on rezoning Lots 8
thru 17, Block 1 and Lots 1 thru 79 Block 6, Volanta Subdivision.
Motion carried.
Bids
were
-received on
the following items,
Item
1 -
10 -
6"
Mech.
Joint Cast Iron Tees W/Acc.
Item
2 -
2 -
6"
Mech.
Joint Cast Iron Gate Valve W/Acc.
Item
3 -
3 -
6"
X 12"
Cast Iron Solid Sleeves
Item
4 -
3 -
8"
X 6"
Mech. Joint Reducing Tee
Item
5 -
6 -
6"
X 2"
1 Pt. Tapped Mech Joint Plug
Item 6 - 6 - 42" - 3 day 3 ft. 61, idech. Joint Fire Hydrants
W/ ace.
Moore -Handley, Inc. Mobile, Ala.
Item
1
60.49
ea.
Item
2
98.75
ea.
Item
3
24,05
ea.
item
4
59.42
ea.
;Item
5
ii.45
ea.,
Item.
6
200,00
ea.
Standard Equipment Co., Mobile, Ala.
Item
1
57,75
ea.
Item
2
134.00
ea.
Item
3
24.75
ea.
Item
4
83.25
ea.
Item
5
15,95
ea.
Item
6
243.00
ea.
PAGE 8-C THE FAIRHOPE COURIER April 19. 1973
Legal Notice
AN ACT
To provide for the planning,
design, location, financing, le-
gtsHion of property tor; con-
struction, alteration, etarge-
went, use, maintenance, oper-
ation, and fostering of Off-
street automobile parking fa-
cilities In the City of Farr -
hope; authorizing the City
Council to create a parking
authority or parking commit-
tee, and providing for its mein,
bership, authority and duties.
BE IT ENACTED BY THE
LEGISLATURE OF ALABAMA:
Section 1. It is determined
and declared that in the City
Of Fairhope the free circula-
tion a1 traffic of all kinds
through the streets of sald
City is necessary to the health
safety and Keneral welfare of
the Public; that in recent years,
the greatly incressedusebythe
public of motor vehicles of all
kinds has caused serious traf-
fic congestion in the streets of
said City; that the parking Of
motor vehicles in the streets
has contributed to this coages-
tion; that Such congestion pre-
vents the free flow of traffic
in, through and from the City
of Falrhope and Impedes the
rapid and effective fighting of
fires and disposition Of its po-
lice force, threatens irrepar-
able loss of values of urban
property within the city which
can no longer be readily reach-
ed by vehicular traffic aaden-
dangers the health, safety and
welfare of the general public;
that this traffic congestion is
not capable of being adequately
abated except by provisions
of sufficient off-street parking
facilities; that adequate off-
street parking facilities have
not been provided and Parking
spaces now existing must be
forthwith supplimented by off-
street parking facilities pro-
vided by public undertaking; and
that the enactment of the Pro-
visions of this Act is hereby
declared to be a public neces-
sity.
Section 2. The city council
or other municipal governing
body of the City of Fairhope
RED EAGLE
Of f ice Supplies
104 N. HOYLE AVE., SAY MINETTE, ALA.,.07
Office Supplies • Furniture
• Job Printing
r 'Olivetti -Underwood, R. C.
Alien Business Machines
g Sales And Service-
"Conscientious Sales And
U
Service Of All Office Supply
Needs"
Call Toll -free 431-4010
SALESMAN IN EASTERN SHORE
AREA EVERY WEDNESDAY
hereby is authorized and em-
powered to acquire, receive,
take and hold, whether by pur-
chase, gift, lease, devise, or
condemnation, or otherwise,
property of every description,
whether real, personal or
mixed, and to manage saidpro-
perty end develop any undevel-
oped property owned, leased or
controlled by such City for the
purposes hereinafter set out;
to execute such contracts and
ther instruments and to take
such other action as may be
necessary and convenient to
carry out the provisions tthis
Actor to exercise the power
granted hereunder; to plan, es-
tablish, acquire,construct, en-
large, improve, maintain,
equip, operate, regulate and
protect parking facilities; to
lease or let such facilities or
any one or more of them to
such tent or tenants for such
term or terms, at such com-
pensation or rental asthe coun-
cil or other governing body may
from time to time direct; tois-
sue interest bearing revenue
bonds payable from the limited
sources hereinafter referred
to; to pledge for payment of
such bonds any revenues or
funds from which such bonds
are made payable; to make and
enter into contracts, leases and
agreements incidental to or
necessary for the accomplish-
ment t any purpose or purposes
athorized by this Act; to make
and enforce rules and regula-
tions governing the use Of any
parking facilities owned or con-
trolled by said city; to cooper-
ate with the state, any county,
city, town, public corporation,
agency, department or Politl-
eel subdivision of the State, and
to make such contracts with
them or any of them as the
council or other governing body
may deem advisable to accom-
plish the purposes of this Act;
to receive and accept grants
for or in aid of the contrac-
tion, extension, improvement,
maintenance or operationofany
parking facility from the United
States of America or any agency
thereof, from the state, any
department or agency theret
and any political subdivision
thereof and to receive and ac-
cept money, property, labor or
other things of value from any
eource whatsoever; end to do
any and all things necessary
or convenient for the exercise
of any power herein grated.
Section 3. The council or
other governing body is here-
by specifically authorized to
lease any said parking facili-
ties constructed under thepro-
visions of this Act; provided,
however, that prior to leasing
any such parking facility the
council or other governing body
must determine and find the
ft/owing: the amount neces-
sary in each year to pay the
principal ofand the interest
on the bonds proposed to be
issued to finance such pro-
ject; the amount necessary to
be Paid each year into any re-
serve fund which the coun-
cil or other governing body
may deem it advisable to es-
tablish in connection with the
retirement of said bonds and the
maintenance of saidparkingfa-
fifty or facilities; and,
tunless
the terms under which hepro-
ject is to be leased; provided
that the lessee shall maintain
the project end carry all proper
insurance (including liability
insurance) with respect there-
to, the estimated cost of main-
taining the parking facility in
good repair and keeping if pro-
perly Insured. The leassagree-
ment shall provide for the pay-
ment of rentals based on such
findings and determinations as
are sufficient (a) to pay the
principle of and interest on the
bonds issued to finance the
parking facility, (b) to build
up and maintain any reserves
deemed by the council or other
governing body to be advisable
in connection therewith, (c) un-
less the agreement ofleaseob-
hgates the lessee to pay for the
maintenance and proper insur-
ance (including liability insur-
ance) of the parking facility,
to pay the cost of maintaining
the parking facility In good re-
pair and keeping itproperlyin-
sured. The lease agreement
may, at the discretion of the
council or other governing
body, contain provisions pres-
cribing minimum operating
hours, maximum operating
hours, maximum charges to be
collected by the operator and
other terms to be observed by
the lessee.
Section 4. The Principal of
and interest on any bonds is-
sued under this Act shall be
secured by a pledge of the re-
venue out of which such bonds
may be made payable and may
be secured by a mortgage cov-
ering all or any part of any
project or projects from which
the revenues so pledged may
he derived, and may be se-
cured by a pledge of the lease
of such project. The proceed-
ings under which such bonds
are authorized to be issuedor
Say such mortgage maycontain:
any agreements and provisions
customarily contained In in-
struments securing bonds, in-
cluding, without limiting the
generaljly of the foregoing,
provisions respecting thefixing
and collection of rets for any
project covered by sufh pro-
ceedings or mortgage, the
terms to be included in the lease
ofP 1 such project,
ct the mfllnten-
ante and issuance of such pro-
ject, and the rights and reme-
dies available in event of de-
fault of the bond holders or to
the trustee under a mortgage,
all as the governing body shall
deem advisable and as shall
not be in conflict with the pro-
visions t this Act; provided,
however, that in making any
such agreements or provision
the City of Fairhape shall not
have the power to obligateftself
except with respect to the pro-
ject and the application of the
revenues therefrom and shall
not have the power to incur a
pecuniary liability or a charge
upon its general credit or
against Its taxing powers. The
proceedings authorizing any
bonds hereunder and any mort-
gage securing such bonds may
provide that, in the event of
default in payment of the prin-
cipal of or the interest on such
bonds or in the performance of
any agreement contained In
such bonds or in the perfor-
mance of any agreement con-
tained in such proceedings or
mortgage,, such payment and
performance may beetorced
by mandamus OrbytheaPPoint-
met of a receiver in equity
with power to charge and col-
lect rents and teO apply the re-
venues from the project in ac-
cordance with such proceedings
or the provisions of such mort-
gage. Any such mortgage may
provide of default that,so such payment or the
violation of any agreement con-
tained in the mortgage, the
mortgage may be foreclosed
either by sale at Publlc outcry
.,by Proceedings in equity, an
may Provide that any trust
under such mortgage or the
holder of any t the bonds se
cured thereby, may become th
any
le tbehigheAbidderthere
for. No breach of any Such
agreement shall imPoseanype
cunlary liability uPan the City
trustee
the bonds to be refunded shall
have than matured or shall
thereafter mature, either by
sale of the refunding bonds and
the application of the proceeds
thereof for the payment of the
bonds to be refunded thereby,
or by exchange t the refund-
ing bonds for the bonds to be
refunded thereby; provided,
that the holders t any bonds so
to be refunded shall not
be com-
pelled without their consent to
surrender their bonds for pay-
ment or exchange prior to the
date on which they arepayable,
or if they are called for re-
demption, prior to the date on
which they are by their terms
subject to redemption. Any re-
funding bonds Issued underthe
authority of this Act shall be
payable solely from the reven-
ues of of which the bonds to
be refunded thereby were Pay-
able, and shall be subject to
the provisions contained in Sec-
tion 4, t this Act; and may be
secured in accordance with the
provisions t Section 3, t this
Act
Section 6. Theproceedsfrom
the sale t any bonds Issued
under authority of this Act shall
be applied only for the purpose
for which the bonds were is-
sued; provided, however, that
MY accrued interest and pre-
mium received in any such sate
shall be applied to the payment
t the principal of or the in-
terest on the bonds sold; and
provided, further, that if for any
reason any portion t such
proceeds shall ntbeneededfor
the purpose for whichthebonds
were issued, then suchmineed-
ed portion of said proceeds
shall be applied to the payment
of the principal of or interest
on said bonds. The '. cast ofac-
quiring any project shall be
deemed to includethefollowing:
the actual cost t the construc-
tion of any part t a project
which may be constructed, jn-
cluding architect's and en-
gineer's fees; the purchase
price t any Part of a project
that may be acquired by pur-
chase; all expenses in connec-
tion with theauthorization,sale.
and issurance of the bonds to
finance such acquisition; and
the Interest on such bonds for
a reas4nabletime priortocon-
structton, during construction,
and for not exceeding Stx
months after completion of con-
struction.
Section 7. The City t Fair -
hope may pay out of its gen-
eral foods or otherwise con-
tribute any part t the costs
of acgtring a project, and may
used land already owned by the
d municipality, or in which the
municipality has an equity, for
e construction.thereof of a _ pro-
ject; and the municipality may
accept donations t property to
e be used as a Part of any Pro-
ject and money to be used for
defraying any part of the cost
of any project.
Section 8. Bonds issued un-
may delegate all authority here-
tofore or hereafter heldby said
council with respect to the, de-
velopment, creation, operation
and general supervision Of any
and all matters related to pub -
Lc parkin Said parking com-
mittee shall be composed of
not less than seven nor more
-than thirteen members as the
city council may decide, and
all such members shallberes-
idents of the City of Fairhope
and over the age of twenty-one
years. in so far as is nearly
mathematically possible, of the
members first appointed, one-
third shall be aPpolited for
terms of two years, one-third
for terms of three years and
one-third for terms of four
years. Thereafter all members
of the committee shall serve
for terms of four years. Upon
the creation of the parking com-
mittee, it shall assumed author-
ity of the city council with re-
spect to public parking in the
City of Fairhope, and perform
all duties in matters related
thereto.
Section 11. Neither this At
nor anything herein containedshall be construed as a re-
atrttton or limitation uPonany
powers which the City t Falr-
hope might otherwise have un-
der Say laws of this tate, but
shall be construed as cumula-
tive; and this Act shall not be
construed as requiringanelec-
tion by the voters of said city
prior to the Issuance of bonds
hereunder by such municipality.
Section 12. If any section,
provision or clause of this Act
shall be declared invalid orun-
contitutional, suchdeclaratlon
shall not affect the part or
parts which remain.
Section 13, This Act shall
become effective immediately
upon its passage and approval
by the Governor, or upon its
therwise becoming a law.
43-4tc
Is. Water Staining
Your Fixtures And Clothes?
We Can Cure
Your Water
Sales And Service.
son All Filters
Water
Is Our Business
H. C. Sherman, Sr,
2.. i Litiert St.
of Fairhope or any charge un- der the provistons of ims ncz Fairtitrye, Alabama
der its general creditor against shall be legal investments for 828-9548
its taxing powers, savings banks and insurance
Section S. Any bonds is- companies organized under the
sued hereunder and at anytime laws of this state.
outstanding may atanytimeend section 9. The bonds author When time to time be refunded ized by this Act and them-ine When you need
by the City
of Fairhope by the therefrom, an mortgages axe -arts instead
issuance of its refunding bonds toted as security therefore, all ll
in such an amount as the gov- lease agreements mad. pursu- of excuses, call
erning body may deem neces- ant to the provisions hereof, and
sary but not exceeding any all projects and the revenues your
amount sut3lcient to refund the derived from any lease thereof NAPA Jobber
principal of the bonds so to be shall be exempt from all tax- -
refunded, together with any un- at on in Sectionel0. The e sate nicitAcouncil Fairhope
paid Interest thereon aw any Y
premiums and commissions or other municipal governing Auto Par,
necessary to be paid to con- body may, by local ordinance, A
ts
.action therewith. Any such re- create a parking authority or id S. Church 428-2194
funding maybe effected whether parking committee to which it
When someone you love is far
away, reach out and touch them
with your voice.
Dial them long distance. And when you do, dial an
economy call the One Plus way. There's no cheaper way to
mall them lone distance.
In the past few weeks you've seen a But you're not going to see more
lot about interest rates on Various than you see on this pagie.
savings plans. This is the most you can jet for
And in the months to come you're your savings nxuley an}'chere in
going to see a lot more. Baldwin Count\
.4%
PASSBOOK
SAVINGS.
Open with any amount.
Eams 5?I'l annually with
earnings paid day -in to day -
out. or credited quarterly.
Compounded daily equals
5.13% yearly effective yield.
Y00 V/4q 9 Z%
Ol E-AI2. TIVO YEAR
CERTIFICATES. CERTIFICATES. CERTIFICATES
$1.000 minimum. Earns sl.(w minimum. Earns S5.000 minimum. G
5-114 annual earnings 5-5/4 annual earnings annual earnings. com-
compounded daily or paid compounded daily or paid pounded daily or paid
quarterly. Equals 559",; quarterly. Equals J2°d quarterh Equals 6.18",,
yearly effective yieldyearly effective }'field. yeal-ly effective yield.
For more information call or visit the
office nearest you. Bay :dinette.
Fairhope. Robertssfale. Folc}:
"
and Spanish Fort.
Three bedroom house, car-
peted throughout in the coun-
try on one acre. Call after
13 toot Hotpoint refrigerator
3:30 p.m. for an appointment
Call 928.928-7714 after 8:00
928-2293 available around
P. m. 43-Itc
May Ist. 43-1tc
Blue, motorcycle helmet, by
Sears, slightlyused. Call 928-
House trailer, nice and clean,
utilities furnished, Louis
9776. 43-2tc
Lams 928-8823. 43-ltr-ar
Used girl's bicycle, in very Neat 2 bedroom house, near
good condition, $15.00. Come Bay, $80. Adults only. 928-
by 356 Pecan Street Fairhope.
7459. 43-ltfe-ar
4S-ltp
Newly renovated smallunfur-
23,000 BTU air conditioner,
niched cottage._ Kitchen
very good condition, $200.
furnished. Ready for occupan-
928-5088. 43-ltp
cy by May 1st. Older coupie
preferred. 928-5259.
one Simmons twin mattress
43-tfc-ar
set 928-7808. 43-ltc
Teenage girl's clothes, sizes.
8 and 10. Call 928-8899 - 219
Pecan Avenue. 43-itc
Used IA condition 3/4 ton
heavy dety GMC pick up, ten
foot steel bed. Sugar cane
Juice mill, lA condition, new,
electric motor, newbearings.
Phone 928-8016 after 4 P. m.
43-2tc
Good condition, used refri-
gerator Call 926-7462 after
5 p.m. 43-ltc
3 - D Magnetic signs, made
to order in cur plant. Best
prices - good service. Shep-
herd Printing and Office SUP -
ply, 928-8852. 42-tfe-ar
The best quality rose bushes
we have ever had; also Ben -
late spray for easily keeping
them free of blackspot. Cit-
ms, bedding plants, hanging
baskets, unusual plants; lsnd-
Scapa design and transplant-
ing; spraying and fertilizing.
GREEN NURSERIES, N.
Greeno Rd., Fairbope 928-
8469. 43-Itc
2 bedroom unfurnished, cen-
tral air conditioning, adults
only, annual lease. Location
560 B Satsuma St. By ap-
pointment only. 928-8889 or
Box 888 Fairhope. 43-ltp
Mobile Tome, for adults only.
Winterhaven Court. 928-9833.
38-tfc-ar
17' self contained travel trail-
er, sleeps six, stove, refrl-
gerator, head and shower. 30
gallon fresh water holding
tank. Rent by week or weak -
and. For reservations call
928-9436 days or 928-0547
nights. 40-Uc-ar
Attractive furnished apart-
ment. Air conditioned, cen-
trally located. 928-9451 day
or 928-8376 olght- 49-Itc-ar
Wanted -large house tobe used
as teen club with adult Sup
-
ervislon. Preferred to be
away from residential area
but inside city limits of Fair -
hope. Call 928-5269 or 928-
7990 after six p.m. 42-4mr
Just completed new, 3 bed.
room, brick home wlthbeam-
ad calling kitchen and family
room, formal dining room, 2
baths, carpeted throughout,
2 car garage, lake Forest
membership Included, $33,
900.00 Call Major Homes,
928-0941 or 626-2657
43-2tc-ar
Boat engine for sale or trade
60 hp.
inboard with complete
transmission Water cool ex-
haust. Will trade for 60 h.p.
or more outboard motor.
928-0747 37-tfc
1968 Larson 1.0., 120 O.M.C.
horsepower engine, full en-
closure, new galvanized trai-
lor, $1,900. 928-9694. 4$-.ltc
Stolen, Record Collection.
Someone broke into my house
and stole approximately 125
records. Rock & Roll, Classi-
cal, & Country. If you have
any information of their
whereabouts call Don Soto at
928-2215.
I wish to express my heart-
felt gratitude to all those who
helped to save my land, my
home and my animals. My
special thanks goes to the
Faith- Fire Dept.
1jpsaeirdsones havingclaimsagainst
state re herere-
LEGAL quired to present the same
"BECAUSE THE PEOPLE MUST KNOW" within timewill a ba r law or
the same will be barred.
�= Bailey & Taylor
Attorneys
Marie P. Herman
In The Matter Of The Estate Baldwin Frozen Foods, Inc. Executrix
Of Aron Kolomeer a/k/a Joe A C. it42-3tp
Kolomeer, Deceased a
Notice of Special
Meeting
In The Probate Court Of
Baldwin County, Alabama
TO: Rosa Landau, 84 rue d'-
Alieray, Parts (15e), France
Silvian Salomon, 16 Albion
Street, South Caulfield, Mel-
bourne, Victoria, Australia
This day_ came Albert M.
Philips, Sr, as Administra-
tor of the Estate of Aron Kolo-
meer, a/k/a Joe Kolomeer
Deceased, and files his peti-
tion for final settlement of the
said Estate:
It is ORDERED that the loth
day of .May, 1973, at 9:30
A.M., be, and the same here-
by is, appointed as a day and
time on which to make Such
settlement, at which time you
can appear and contest the
said settlement, if you think
proper.
WITNESS my hand this 5th
day of April, 1973.
Rickarby & Benton,
Attorneys
Harry D'011ve
Judge of Probate
42-3te-ar
STATE OF ALABAMA
BALDWIN COUNTY
Contract Foreclosure
Default baying been made in
the terms in a contract ex-
ecuted to Claude G. Phillips
and Katie Mae Phillips, hus-
band and wife by Vaughn Key
and Patricia Key, husband and
wife on the 21 st day of Sep-
tember, 1965, and said de-
fault having been made and
continuing, Claude G. Phillips
will sell, at public outcry,
for cash to the highest bidder
in front of the Courthouse door
of said County at 11:00 A.M.
the 19th day of April, 1973
the following described pro -
party in Baldwin County, State
of Alabama, to - wit:
The South HaH of the North
Half of the Southeast quar-
ter of the Northeast quar-
ter Section 28, Township
6 South, Range 6 East, con-
taining 10 acres, more
or less.
Said sale is made for the
purpose of paying the contract
debts and cost and expense of
the Foreclosure.
Claude Phillips
Wipers, Brantley &Nesbit
by Phyllis S. Nesbit
Attorneys for Claude
Phillips
4o-4to-at
Pursuant to vote of the
Board of Directors, a Special
Meeting of the stockholders
of the Baldwin Frozen Foods,
Inc., a Corporation, Ishereby
called to be held on the 4th
day of May, 1973, at 2:00 P.
m., at the office of Emmett
Gulledge for the following
purposes:
1. To consider and act upon
the question of foreclosing the
present contract for the our-
ehase of the Corporate pro-
perty in Robertsdale, which
said contract is now de-
linquent.
2. To elect OfficersandDl-
rectors of the Corporation for
the ensuing year.
3. To consider the dissolu-
tion and liquidation of the Cor-
poration
4. To transact any other
business which may properly
come before the meeting.
The list of stockholders in
the Corporation has not been
brought up to date in recent
years, therefore, it will be
necessary for this to be done
before the 24th day of April,
1973. You are advised to go
by the office of the President,
Emmett Gulledge, on theSec-
ong floor of the Thames build-
ing in Robertsdale, located
near the Post Office with your
shares of stock to make sure
that the number of shares
Which you own is correct. If
you have purchased stock
since its first issue, itwillbe
necessary for you to make
sure the stock is transferred
into your name on the Cor-
porate records. After April
24, the stock list will be es-
timated and only those on hie
list will be allowed to vote
their respective shares, both
preferred and common.
This 29th day o1 March,
1973.
Emmett Gulledge, Presi-
dent
Baldwin Frozen Foods,
Inc.
41-4tc-ar
ESTATE OF
Henry N. Herman
DECEASED
PROBATE COURT
Letters Testamentary on
the Estate of said deceased
having been granted totheun-
dersigned on the 4th day of
April, 1973, by the Hon. Harry
D'Olive Judge of the Probate
Court of Baldwin County, no-
tice Is hereby given that all
ESTATE OF
Joe R. Hughes
DECEASED
PROBATE COURT
Letters. Testamentary on
the Estate of said deceased
having bean granted totheun-
dersigned on the 9th day of
March, 1973, by the Hon. Har-
ry D'Olive Judge of the Pro-
bate Court of Baldwin County,
notice is hereby given install
persons having claimsagainst
said estateare hereby requir-
ed to present the same within
t/me allowed by law or the
same Will be barred.
Richard C. Lacey,
Attorney
Ralph Milton Hughes,
Executor
40-3tc
NOTICE TO NON-RESIDENT
Eldred Lane Rush
No. 13,048
Ora Mae Rush
The State of Alabama,
Baldwin County.
Circuit Court, in Equity
This the 12. day of
April, 1973 _
In this cause being made to
appear to the Clerk of this
Court by the affidavit of El-
dred Lane Rush, Complain-
ant that the Defandant Ora
Mae Rush is a non-resident
of the State of Alabama resi-
dence unknown and further,
that, in the belief of said
Affiant the Defendant is over
the age of 18 years; it is
therefore, ordered that. pub-
lication be made in the Fair -
hope Courier, a newspaper
published In fairhope, Bald-
win County, Alabama, once a
week for four consecutive
weeks, requiring Ora Mae
Rush the said Respondent to
answer or demur to the Bill
of Complaint in this cause
by the 12th day of May 1973,
or after thirty days therefrom
a decree ProConfesso maybe
taken against her.
Eunice S. Tindal
Register.
Solicitor for Complammit:
Rickarby & Benton
Fatrhooe, Alabama
NOTICE TO THE VOTERS OF
BALDWIN COUNTY, ALABAMA
In the case of E.D. Nixon,
et at, v. George C. Wallace,
at al, an Order was issued
on the 3rd day of January,
1972, which has been supple-
mented by further Decrees or
Orders, the last being dated
the 26th of February, 1973.
Among other things, this De-
cree changedtbe Alabama Le-
gislative Districts sothatnow
a representative will be elect-
ed from District 094, which
is in the Southern part of Bald-
win County. District 495 Is
in the Northern end of Bald-
win County and includes apart
of Mobile County. Districta96
encompasses all of Washing-
ton County and a part of Mobile
County. A Senator from this
area will be elected from Dis-
tricts numbered 94, 95, and
96, which will include ell of
Baldwin County, all of Wash-
ington County and a part of
Mobile County. Pursuant to
said Order and for your in-
formation, the Probate Judge
of Baldwin County, Alabama,
establishes the dividing line
between Legislative Districts
94. and 95 as follows:
Begin at the Point in Bald-
win County, Alabama, where
Black Water River intersects
Perdido River, which is on
the Alabama. - Florida line;
follow the meanders up Black
Water River to the point
where it intersects Three
Mile Creek in Section 34,
Township 6 South, Range 5
East; from said point run up
Three Mile Creek to the point
where said creek crosses the
township line dividing Town-
ship 6 South and Township 7
South; run Fast along said line
to the West edge of Section
3, Township 7 South, Range 4
East, the last call running
along County Rd. s87; thence
mn South 1 1/2 miles to the
Mack Roberts road; thence
inn West 1 mile, more or
less, to the point where said
road intersects Highway #59;
inn Northwester) #59 to the point where
said road intersects the Mar-
low Road; run West on the
Marlow Road to the point
where said road intersects
Volkswagen
Service
It. Pick -up -Prompt
Service -Fully Warranted
Work
Specializing In Engines
& Clutches
Tune-UPs416.95
M,dvlwe 6: Plows aa6 a5
THE FAIRHOPE COURIER April 19. 1973 PAGE 7-C
Fish River; follow the mean-
ders of Fish Rlverinallorth-
wardly direction to the point
this river rvnsunder Highway
459 which Said Point is Just
South of Stapleton, Alabama;
run Northwardly along High-
way #59 to the point where
said road intersects Highway
431; from said point run
Southwardly along Highway
431 for a distance of approx-
imately 1/2 mile to the point
where the Stapleton -Bromley
Road intersects 431; follow
the meanders of the Staple-
ton -Bromley Road tothepoint
where said road crosses Bay
Annette Creek; from this
point follow the meanders of
Bay Minette Creek to Bay
Minette (Bay); follow the
shores of Bay Minette Bay
around Cedar Point to Shell
Bank River; run Southwardly
with Shell Bank River to the
point where said river inter-
sects Blakley River; run up
Blakley River to the Point
where said river Intersects
the L & NRailroad; run West-
wardly along the L & N Rail-
road right of way to the Mo-
bile County line which is the
point of ending.
DONE this the 12th day of
March, 1973.
Harry D'Olive
Probate Judge
43-3tc-ar
The State of Alabama
Baldwin County
Probate Court For Said
County
this 16th day of April, 1973
To Nola Poole Bailey, 1209
Goodman Road, Memphis,
Tenn,; Ida Poole Key, 622 4th
St., South, Columbus, Miss.;
H.A. Poole, last known ad-
dress, Vicksburg, Miss.;
Rayford N. Poole, Route 4,
Boa 197, Lucedsle, Miss.; and
Any and all, unknown htirs-
at-law and next -of -kin. You will hereby take notice,
that on this day came Kath-
ryn Poole Rickman, a/k/a
Kathryn Rickman and pro-
duced to the Court a paper
writing, purporting to be the
last will and testament of
John W. Poole deceased, and
moves the Court to admit the
said will to Probate and Re-
cord.
You are notified to be and
appear before me, at my of-
fice in the Court House of
said County at 9:30 a.m. on
the 17th day of May, 1973
when the motion will be con-
sidered, and show, if any-
thing you have to allege, why
said pacer writing should not
be admitted to Probate and
Record, as the true last will
and testament of said dece-
dent John W. Pools.
Daniel A. Benton,
Attorney
Harry D'Olive
Judge of Probate, Baldwin
County, Al"
43-3tc-ar
HUFFMAN SLYE
Real Estate Brokers
JNO. S. HUFFMAN 928-8393
204 N. Bayview St.
For lands In Beautiful
Baldwin County, See...
Arthur Mannich
BROKER
FELS AVE - Brick home, 4 bedrooms, den, built in stove
and oven, central heat and it, new roof, fenced yard, you
- move In at once ............. I ......$21,500.00
PECAN STREET - We have a frame home that needs
some fixing up, it's on deeded land and a very good Ioca-
Uni , lot 66' x 180', has some satsuma trees on IL
.................................. $10, 600.0 0
--
8 acres for rent or lease on
uaes
Point Clear
paved road, 5 miles east of
43-1tc
Fairhope with pasture,
„„„„,
fences, trees and stream 928-
5071 after 5:30 p.m. 43-lte
The sharpest increase in
farm real estate values
800 sq It., office, store or
since was recorded for
home on 2 acres, zoned com-
the yeaarr ending Nov. 1, 1972
ercfal, Main Street in D.
average value per acre
phne or will build to your-
specifications. Call 626-2668
jumped 10 per cent nation -
or 928-0786. 43-tic-ar
ally.
Specials
These Are Just A Few O(The Good
Bargains That Can Be Purchased At
Gunter -Dunn Furniture In
Robertsdale This Week.
One - 5 pc.dinette set, wrought iron chairs, round
table, regular $119.95, now $89.00.
Four assorted occasional chairs, assorted colors
and styles, regular $99.55, now $39.95.
One 3 pc. DeVilie living room suite in vinyl
cover, regular $4919.95, now $359.00.
Two Recliners, tan and orange covers, regular
$69.95, now $59.00.
Baby cribs.with mattress, regular $59.95 now
$44.00.
One used sleeper, early american style in good
shape, regular $199.95, now $49.00.
Whirlpoor air conditioners on sale at special
price.
Shop Gunter -Dunn In Robertsdale
Where You Always Save.
Phone 947-4612
BILL PURVIS
Building Contractor
NEW HOMES
REMODELING
ADDITIONS
iht 616-9761 Day 616-9184
Eastern Shore Builders,
Inc.
General Contractors
P.O. Box 488
Fairhope, Al..
B.L. Moore 928-7811 G.W. Roberds
S & H Builders Inc.
Formerly C. A. Simmons
New Homes - Our Plans Or
Yours —Remodeling - Additions
Will Help Financing & Plannin
Phone Days 928-7459 Nights& After 5:00-947-3037
Earle, McMillan & Niemeyer, Inc.
HOME WITH ACREAGE
Hwy 31 Spanish Ft. 4 bd., 1 bath home on 13.8 areces
Marlow Road, 3 bd., 1 bath home with 1 1/4 acres
Near Town - 3 bd., 2 bath brick home on 2 acres
3 bd., 2 bath brick carpeted home on 2.acres
WATER FRONT PROPERTY
66 x 400' lot on Bay
2 bd, 1 bath cottage on Little Lagoon at Gulf Shores
Brick and frame 4 bd., 2 bath home on River Front Lot
HOMES IN OR NEAR TOWN
Bon Secour St. 3 bd., 2 bath home $18,300.00
Hwy. 98 Fairhope
928.9248
Daphne - beautiful shaded 1M surrounds this 3 bd, 2 bath
brick home
Lovely 3 bd., 2 bath brick home with built-in kitchen,
fenced back yard
Lg, r umpus room in this 3 bd, 2 bath brick home plus
martyextras
2 story - 4 bd., 2 bath home with play room
LOTS
2 residential lots on Charbon Drive $5,500 each
98' on Mobile Bay
2 3/4 acres off Fairhope Avenue
Wooded lot on Pier St.
Bluff lot in Montrose
Acreage with live stream near town
Near town-3 large lots ideal for Commercial
Hwy, 98 Daphne
nv-2621
,ni,
Engines Rebullt
-
As Low As $189
(Porsche and Performance
Engines Available)
All Prices Include
Parts & Labor
The Board of Registrars will
Southern V.W.
be at Baldwin County Court-
house May 7, 21 according to
Clinic
Schuler McDaniel, chairman,
Call For FREE Estimate
43-3te-ar
1 9474684
We have 116 acres close to
Fairhope, could be Subdivided,
or farmed. Located on paved
and gravel roads. Needs 3 or
4 persons to purchase and
divide into equal parts.
Financing available.
Mannich's Real Estate
928-0404
Wm. Olsen
Building Contractor
New Homes (Blueprints Available For Selections
R*Todcling, Painting, Brick Work, Electricai
Work, Plumbing Roofing & Additions
Heat & Air Conditioning Installation
Financings Available
Call 928-7559
Day or Night
& G Construction Co
31 Years Experience
in Building Residential Homes
and all types of Remodeling
& Room Additions
964-2570 928-2084
LOXLEY FAIRHOPE
if you don't take a good look at this home, 2 large bedrooms,
fireplace, very nice living room, den, very nice. There are
many other features we would love to show you in this fine
home .............................. $19,000.00
MORPHY AVE.-next to Shell station, 266 feet frontage and
166 feet deep. This would make a nice business slte. The
home is an older home, however, the lots are worm ask-
ing price...........................$25,000.00
GREENO ROAD - 3 bedroom, We home on 2 acres deeded
land if you want room, lots of fruit trees, pecan trees, also
one smaller house with a ann"Ibusinessbuildingneir town.
.. . .............................$32,050.00
We have some buyers for river property. It you have some
you don't want, let us get you some Cash for them quick.
VOLAN-IA AVE: This three bedroom,one bath new brick
home is ready to move inandpricedlo sell. .... $18,000.00
We have several pieces of property on the four lane.
OLD 98 IN DAPHNE: Split level brick home, 2 bedroom,
1 1/2 baths, large basement on a beautiful lot, 101' x
222 ............................... $22,289.50
SCHOOL STREET: Nice 3 bedroom, 2 bath, living room
and dining area, on a nice lot .............$19,900.00
WANT A NICE RETREAT - Have trailer, 2 bedroom on
two (2) 50' x 120 lots, 6 miles from Magnolia Springs,
access to bay and place to launch twat or leave in wa-
ter, $5,900.00. and
are worth asking price.
FOR RENT: 3 bedroom, 1 bath home with living room and
den, $150.00, lease.
"We have a buyer that wants a 3 bedroom home on 20
acres or 'More'. "
RENTALS - 2 bedroom, 1 bath home near town, $150.00
One, 1 bedroom upstairs apartment, $75.00
COUNTRY and close to town, this 4 bedroom, 2 1/2 bath
brick home has many extras, a large living room, dining
room, den, built-in kitchen, gameroom, brick Datlo and
fenced yard, all on one acre of land.
CLIFF DRIVE - You must see this lovely home, 3 bedrooms,
2 laths, large living room and dining room, a kitchen that any
wife would enioy. The finest cabinets, nearly new stove and
freezer -refrigerator. They don't build them as good as this
one anymore...........................$26,000.
NICE BUSINESS Ioton Grand Ave.,60'x180'1 ....$7,200.00:
100' x 135' deeded lot in Ingleside.
Two 66' x 132' lots, Perdido and Seminole St.
132 acres in Barnwell.
NORTH SUMMIT STREET - Avery nice home for rental
property, 3 bedrooms, 1 bath, large kitchen, part brick and
part wood We think it is a real buy. .......$12,000.00
LIBERTY STREET - 6 rooms, 2 large bedrooms, 1 bath,
fireplace, large living room, den, kitchenis realnice, com-
e; fortable home......................$19,000.00.
"We don't just list your property,
we sell it for you.
NIANNICH'S
REAL ESTATE
8 Bancroft Street Fairhope
Phone 928-0404 Or 928-8879
Days Nights
Mrs. E. P. Beasley, Broker 928-8280
Lorene Gregottus, 928-9694
f Mrs. Wilma Patter, Broker, 928-2947 -
Marine Specialty Company, Mobile, Ala,
Item
1
66.54
ea.
Item
2
99.95
ea.
Item
3
26.46
ea.
Item
4
65.36
ea.
Item
5
12.60
ea.
Item
6
209.88
ea.
American Cast Iron Pipe Co., Birmingham, Ala,
Item
1
42.87
ea.
Item
2
92.80
ea.
Item
3
23.64
ea.
Item
4
61.74
ea.
Item
5
18,?9
ea.
Item
6
216.80
ea.
Wholesale Supply Co.40 Pascagoula, Miss.
Item 1 38.5o ea..,
Item 2 93.00- ea `
Item 3 22.50 ea.,.
P
Item 4 51.50 ea.
Item 5 845 ea.
Item 6 197.00 ea. }
Motion by Councilman Barney Shull seconded by Councilman H. G.
Bishop that the City accept low bid of Wholesale Supply Co.
provided bid meets specifications. Motion carried.
The following bids were received on gasoline for City use$
Standard Oil Co. - Unable to quote at this time.
Gulf Oil Corporation, Robertsdale, Ala.
100 Plus Octane @ $.2350 ex tax
94 Octane @ .2000 ex tax
No equipment to be furnished by Gulf
Volume not to exceed 369000 per year
Price to escalate with C T W schedule.,
Motion by Councilman H. G. Bishop seconded by Councilman Ed
Bishop that the City accept bid of Gulf Oil Corporation provided
bid meets specifications.! Motion carried.
Motion by Councilman H. G. Bishop seconded by Councilman Sam Box
that the City ask for bids on 15' flat bed dump truck. Motion
carried.
The following two bids were received on two truck loads of power
poles$
American Creosote Works, Inc., Pensacola, Fla.
Total $493o3.10
Baldwin Pole and Piling Co.', Inc. Bay Minette, Ala.
Total $3,850.56
Motion by Councilman Ed Bishop seconded by Councilman 011ie Deese
r
ELECTRIC
Baldwin Computer Service
264.53
Fuel Oil Supply
6.50
Gaston Motor Company
4.61
John R. Greer
254.52
Hatfield & Company
59018.75
Hill-Soberg Company Inc.
381.80
Matthews Electric Supply
396.85
Pitman Realty
29825.55
Southeastern Power Assoc,
39723.90
Southeastern Testing Laboratory
22,09
Southern Auto Parts
Shepherd Printing
630.,91
8,79
U,S.C.O, Power Equipment Co,
915,00
Nix & Fleming
399.65
Material Sales
27.69
Moore Handley
39827.79
Turner Supply Company
493.50
atec Incorporated
182..29
TOTAL
18,852.42
PAI D
Alabama Power Company 219775.14
F
that the City accept low bid of Baldwin Pole and Piling Company
provided bid meets specifications. Motion carried.
Motion by Councilman Ed Bishop seconded by Councilman Sam Box
that the City ask for bids on 4/0 Aluminumk wire. Motion carried. -
Motion by Councilman Barney Shull seconded by Councilman H. G.
Bishop that the City purchase Friden Printing Calculator, No. 1102
for $395.00. Motion carried.
Motion by Councilman Barney Shull seconded`by Councilman H. G.
Bishop that the bill of Fairhope Roofing and Construction Co.
be approved for payment when approved by the Recreation Department
Motion carried.
Motion by 4'Councilman Sam'Box seconded by Councilman Barney Shull
that the following Resolution be adopteds Motion carried.
RESOLUTION
WHEREAS, the Mayor and City Council of the City of Fairhope
are desirous of establishing a public authority, and
WHEREAS, it will be necessary to have a Special Act by the
State Legislature of Alabama setting up the said authority,
NOW, THEREFORE, BE IT RESOLVED that the Mayor and City Cound
proceed to contact the State Representatives and State Senator
from Baldwin County, Alabama, to begin work on having a special
act of the State Legislature giving the Mayor and City Council
of the City of Fairhope the power to appoint a parking authority,
with the power to condemn private lands, for off-street parking,
to build and maintain public parking lots, to set the fees for
the use.by the citizens thereof, and the method of appointing
the said public parking authority.
BE IT FURTHER RESOLVED that a copy of this Resolution be
sent to the Honorable L. D., Owen, Jr., State Senator, Honorable
Dan Kinsey, State Representative, and to the Honorable Buck Bentol
State Representative,,
ADOPTED THIS THE 9th DAY OF APRIL, 1973.
Attests
City Clerk]
Ff
� Y t
A
Motion by Councilman Sam Box seconded by`Councilman 011ie Deese
that the bills be approved for payment as presented..Motion
carried.
It was duly moved, seconded and carried that the meeting adjourn.
Motion carried.
C.
Attesto
"If.
to
7
City of Fairhope - March Bills
General Fund
Marine Specialty
Sairhope Auto Parts
Mobile Electric Garage, ]Inc.
Ingleside Grocery
Fairhope Hardware
Gaston Motor Company
Glenn Thompson Equip. Co.
Dick's Wrecker Service
Western Lumber
T. G. & Y
John M. Warren Co.
Tieco Gulf Coast, Ib3c.
Rudy's Automotive
Steber Chevrolet
Sears Reobuck and Co.
So. Auto Parts
M & S Service Station
Silverhill Farmers Assoc.
Coastla Concrete Co.
Key G. M. C.
Fairhope Ambulance Service
Shepherd Printing - Police
D L D Parking Lot Striping
Julwin's
Parker House
Eastern Shore Restaurant
225.01
28.48
284.52
4.34
4.29
77.49
325.66
25.00
332.88
�r5.87
137.42
192.30
3.95
65.47
288.83
69.73
1.00
32.00
281.30
20.29
(Nov.- Mar.) 275.00
Fairhope Courier
RXZX Baldwin Computer Service
Fairhope Laundry
National, Linen Service
Fairhope Pharmacy
Marshall's TV Service
Lee Groves - Xeroxing
Don's Shoe Store
Bedsole's
Waller Bros.
McCain Uniform Co.
John V. Duck
18.92
800.00
18.45
2.45
94.05
208.75
94.40
31.30
10.00
3.00
11.25
54.10
49.00
7.90
73.16
471.42
31.87
Thomas Hospital - Prisoner
V 4, $ 6.50
Fairhope Ambulance Service
-..prisoner 50.00'
Electronics Services
98.95
Shepherd Printing
25.87
Radcliff Materials, Inc.,
94.40
97.57
Electric Fund:
294.29
Turner Supply Co.
Western Auto
8.5
Mader Bearing Supply
1.53
Hill-Soberg Co.
538.52
Hatfield & Co.
17085.96
Southeastern -Power
Paid 3:580.64
Alabama Power Co.
Paid 189912.50
Moore Handley
883.38
Atkinson Armature Wks.
3,720.00
Southeastern Testing -Lab
677.54
Western Lumber
34.07
Nix and Fleming
424.00
So. Auto Parts
2 .46
206.00
Coastal Concrete
Baldwin Computer Service
264.53
-St. John Fhgineers
1 1 6.80
4Y9633-72
Paid 22,423.14 -
2930. b�
Gas Department:
Gulf Coast Marine Supply Co.
Foley Tractor Company
Singer -American Meter Div.
Gaston Motor Co.
Pringle Gas Meter Repair
Rudy's Automotive
Dixie laboratories
L. B. Foster
Steber Chev.
Control, Ihc.
So. Auto Parts
Jesse S. Thornton
Baldwin Computer Service
Marine Specialty
Water and Sewer:
Moore Handley
Fairhope Auto Parts
Mobile Electric Garage
Vasko Electric Co.
Moore Handley
Gaston Motor Co.
McKesson Chemical
Ponder Company
Gulf Coast Foundries
Rudy's Automotive
So. Auto Parts
Silverhill Farmers Assoc.
Coastal Concrete Co.
Baldwin Computer Service
Thornton, Farish & Gauntt, 3ho,
Recreation:
Pioneer Mfg. Co.
Vasko Electric
Uni jax, Inc.
Meyercord Co.
West Baldwin Water
Valta Constr. Co.
Valta Constr.
148.81
5.18
29432.71
2.24
312.25
38.62
25.00
59622.90
.62
12.95
3.05
105.00
26 •53
227.36
99228.22
33•01
19.37
31.08
265.00
12181.00
4.74
223.50
71.39
74.00
8.75
67.08
99.60
3�.8o
26 •53
9,7 0.00
12,12 .85
247.50 .
2 0.00
63.75
282.50
4.50
280.00
997.00
29105.25
AN ;ACT
To provide for the planning, design, location, financing, acquisition of
property for, construction, alteration, enlargement, use, maintenance, operation,
and fostering of off-street automobile parking facilities in the City of Fair
hope; authorizing the City Council to create a parking authority or parking
committee, and providing for its membership, authority and duties.
BE IT ENACTED BY THE LEGISLATURE OF ALABAKA:
Section 1. It is hereby determined and declared that in the City of
Fairhope the free circulation of traffic of all kinds through the streets of said
City is necessary to the health, safety and general welfare of the public; that
in recent years, the greatly increased use by the public of motor vehicles of
all kinds has caused serious traffic congestion in the streets of said City;
that the parking of motor vehicles in the streets has contributed to this con-
gestion; that such congestion prevents the free flow of traffic in, through and
from the city of Fairhope and impedes the rapid and effective fighting of fires
and disposition of its police force, threatens irreparable loss in the values of
urban property within the city which can no longer be readily reached by vehi-
cular traffic and endangers the health, safety and welfare of the general public;
that this traffic congestion is not capable of being adequately abated except by
provisions of sufficient off-street parking facilities; that adequate off-street
parking facilities have not been provided and aprkinq spaces now existing must
be forthwith supplimented by off-street parkins facilities provided by public
undertaking; and that the enactment of the provisions of this Act is hereby
declared to be a public necessity.
Section 2. The city council or other municipal (joverning body of the City
of Fairhope hereby is authorized and errpowered to acquire, receive, take and hold,
arhether by purchase, rift, lease, devise, or condemnation, or other.1ise,property
of every description, whether real, personal or mixed, and to manage said pro-
perty and develop any undeveloped property owned, leased or controlled by such
Citv for thepurposes hereinafter set out; to execute such contracts and other
instruments and to take such ether action as ray be necessary and convenient to
carry out the provisions of this Act or to exercise the power granted hereunder;
to plan, establish, acquire, construct, enlarge, improve, maintain, equip, oper-
ate, regulate and nrotect parking facilities; to lease or let such facilities or
any one or more of them to such tenant or tenants for such tear,or terms, at
such corpensation or rental as the council or other aoverninq body may from time
to time direct; to issue interest bearing revenue bonds payable from the limited
AN ACT - Page 2
sources hereinafter referred to; to pledge for payment of such bonds any revenues
or funds from which such bonds are made payable; to make and enter into contracts,
leases and agreements incidental to or necessary for the accomplishment of any
purpose or purposes authorized by this Act; to makq and enforce rules and re-
gulations governing the use of any parking facilities owned or controlled by said
city; to cooperate with the state, any county, city, town, public corporation,
agency, department or political subdivision of the State, and tommake such con-
tracts with them or any of them as the council or other governing body may deem
advisable to accomplish the purposes of this Act; to receive and accept grants for
or in aid of the construction, extension, improvement, maintenance or operation
of any parking facility from the United States of America or any agency thereof,
from the state, any department or agency thereof and any political subdivision
thereof and to receive and accept money, property, labor or other things of value
from any source whatsoever; and to do any and all things necessary or convenient
for the exercise of any power herein granted.
Section 3. The council or other governing body is hereby specifically
authorized to lease any said parking facilities constructed under the previsions
of this Act; provided, however, that prior to leasing any such parking facility
the council or other governing body must determine and find the follo%,,ing: the
amount necessary in each year to pay the principal of and the interest on the
bonds proposed to be issued to finance such project; the amount necessary to be
pain each year into any reserve fund which the council or other governing body
may deem it advisable to establish in connection with the retirement of said
bonds and the maintenance of said parking favility or facilities; and, unless
the terms under which the project is to be leased; provided that the lessee
shall maintain the project and carry all proper insurance (i ncl udi no liability
insurance) with respect thereto, the estimated cost of maintaining the parking
facility in good repair and keeping it properly insured. The lease agreement
shall provide for the payment of rentals based on such findings arid determinations
as are sufficient (a) to pay the principle of and interest on the bonds issued
to finance the parking facility, (b) to build up and maintain any reserves deemed
by theCouncil or other governing body to be advisable in connection therewith,
(c) unless the a.?reement of lease obligates the lessee to pay for the maintenance
and proper insurance (i ncl udi ng liability insurance) of the parkin,- facility, to
pay the cost of ,nai ntai ni ng the parking facility in 7ood repair and keeping it
properly insured.
A;.' ACT Page 3
The lease agreement may, at the discretion of the council or other governing body,
contain provisions prescribing minimum operating hours, maximum operating hours,
maximum charges to be collected by the operator, and other terms to be observed
by the lessee.
Section 4. The principal of and interest on any bonds issued uner this
Act shall be secured by a pledge of the revenue out of which such bonds may be
:jade payable and may be secured by a mortgage covering all or any part of any
project or projects from which the revenues so pledged may be derived, and may be
secured by a pledge of the lease of such project. The proceedings under which
such bonds are authorized to be issued or any such mortgage may contain any agree -
rents and provisions customarily contained in instruments securing bonds, includ-
ing, without limiting the peneralily of the foregoing, provisions respecting the
fixing and collection of rents for any project covered by such proceedings or
mortgage, the terri►s to be included in the lease of such project, the maintenance
and issuance of such project, th=i creation and maintenance of special funds from
the revenues from such project, and the rights and remedies available in event
of default of the bond holders or to the trustee under a mortgage, all as the
c►overning body shall deers advisable and as shall not be in conflict with the pro-
visions of this Act; provided, however, that int.waking any such acreements or
provisions the City of Fairhope shall not have the power to obligate itself except
with respect to the project and the application of the revenues therefrom and shall
not have the power to incur a pecuniary liability or a charge upon its general
credit or against its taxing powers. The proceedings authorizing any bonds here-
under and any mortgage securing such bonds may provide that, in the event of de-
fault in payment of the principal of or the interest on such bonds or in the per-
formance of any agreement contained in such proceedings or mortgage, such payment
and perforriiance may be enforced by mandamus or by the appointment of a receiver in
equity with power to charge and collect rents and to apply the revenues from the
project in accordance with rich proceedings or the provisions of such mortgage.
Any such mortgage may provide also that, in the event of default such payment or
the violation of any agreement contained in the imortgage, the mortgage may be
foreclosed either by sale at public outcry or by proceedings in equity, and may
provide that any trustee under such mortgage or the holder of any of the bonds
secured thereby may become the purchaser at any foreclosure sale if the highest
bidder therefor. No beeach of any such agreement shall impose any pecuniary
liability upon the City of Fairhope or aka charge under its general credit or
against its taxing powers.
AN ACT Page 4
Section 5. Any bonds issued hereunder and at any tire outstanding may at
any time an( from time to time be refunded by the City of Fairhope by the issuance
of its refunding bonds in such a ..amount as the governing body may deem necessary
but not exceeding any amount sufficient to refund the principal of the bonds so
to be refunded, together with any unpaid interest thereon and any premiums and
corrI ssions necessary to be paid in connection therewith. Any such refunding may
be effected whether the bonds to be refunded shall have then natured or shall
thereafter it+ature, either by sale of the refunding bonds and the application of
the proceeds thereof for the payment of the bonds to he refunded thereby, or by
exchangO:� of the refunding bonds for the bonds to be refunded thereby; provided,
that the holders of any Fonds so to be refunded shall not he compelled without
their consent to surrender their bonds for payment or exchange prior to the date
on which they are payable, or if they are called for redemption, prior to the
date on which they are by their terms subject to redemption. Any refunding bonds
issued under the authority of this Act shill be payable solely from the revenues
out of which the bonds to be refunded thereby were payable, and shall he subject
to the provisions contained in Section 4. of this Act, and may be secured in
accordance with the provisions of Section 3. of this Act.
Section 6. The proceeds from the sale of any bonds issued under au tnority
of this Act shall be applied only for the puroose for which the bonds were issued;
provided, however, that any accrued interest and premium received in any such
sale shall he applied to the paymQnt of the principal of or the interest on the
bonds sold; and provided, further, that if for any reason any portion of such
proceeds shall not be needed for the purpose for which the bonds were issued, then
such unneeded portion of said oroceeds shall be applied to the payment of
principal of or interest on said bonds. The cost of acquiring any project shall
be deemed to include the followinn: the actual cost of the construction of any
part of a project which may be constructed, including architect's and engineer's
fees; the purchase price of any part of a project that may be acquired by pur-
chase; all expenses in connection with the authorization, sale and issuance of
the bonds to finance such acquisition: and the interest on such ponds for a rea-
sonable time prior to construction, during construction, and for not exceeding
six months after completion of construction.
Section 7. The City of Fairhope may pay out of its general funds or
otherwise contribute any part of the costs of acquiring a project, and may use
land already owned by the municipality, or in which the municipality has an
equity, for construction thereof of a oroject; and the municipality may accept
r
An Act Page 5
donations of property to beLsed as a part of any project and money to be used
for defraying any part of the cost of any project.
Section E. Bonds issued under the provisions of this Act shall be legal
investments for savings banks and insurance companies organized under the laws
of this state.
Section 9. The bonds authorized by this Pict and the income therefrom,
all mortgages executed as security therefore, all lease agreements made pursuant
to the provisions hereof, aid all projects and the revenues derived from any
lease thetmf shall be exempt from all taxation in the state of Alabama.
Section 10. The city council or other municipal governing body may, by
local ordinance, create a parking authority or parking committee to which it may
delegate all authority heretofore or hereafter held by said council with respect
to the development, creation, operation and general supervision of any and all
matters related to public parking. Said parking comnittee shall be composed of
not less than seven nor more than thirteen members as the city council may de-
cide, and all such members shall be residents of the City of Fairhope and over
the age of twenty-one years. In so far as is nearly mathematically possible,
of the members first appointed, one-third shall be appointed for terms of two
years, one-third for terms of three ,years and one-third for terms of four years.
Thereafter all members of the committee shall serve for terms of four years.
Upon the creation of the parking committee, it shall assume authority of the city
council with respect to public narking in the City of Fairhope, and perform all
duties in matters related thereto.
Section 11. "neither this Act nor anything herein contained shall be c -
strued as a restriction or limitation upon any powers which the City of Fairhope
might otherwise have under any laws of this state, but shall be construed as
cumulative; and this Act shall not be construed as requiring an election by the
voters of said city prior to the issuance of bonds hereunder by such municipality.
Section 12. If any section, provision, or clause of this Act shall be de-
clared invalid or unconstitutional, such declaration shall not affect the part or
parts which remain.
Section 13. This Act shall become effective immediately upon its passage
and approval by the Governor, or upon its otherwise becoming a law.