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HomeMy WebLinkAbout10-27-1975 Regular MeetingP i STATE 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, October 27, 1975 at 7:00 P.M. with the following members present: 'Mayor James P. Nix, Councilmen: David E. Bishop, H. G. Bishop, Sam E. Box, 011ie E. Deese and Barney L. Shull inutes of the previous regular meeting were approved. 'his being date set for public hearing on rezoning Alley property >n North Section Street from R-2 to B-4, there being no protests ;ouncilman Barney Shull introduced,the following Ordinance: ORDINANCE NO. 562 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 557, adopted August 11, 1975 by rezoning the following described property from R-2 to B-4: BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAIRHOPE, kLABAI•IA that Lots 17, 18, 19 and 20 in Block 15 Volanta, accord- Lng to the official map or plat thereof, which is recorded in Iisc. Book 1, Page 341, Baldwin County Probate Records, be re- ,oned from R-2 to B-4. his being date set for public hearing on rezoning lots on outh side of Morphy Avenue, there being no protests, Councilman arney Shull introduced the following Ordinance. ORDINANCE NO. 561 AN ORDINANCE MENDING ZONING ORDINANCE NO. 557 adopted August ll, 1975 by rezoning the following described property from B-2 to B-1. E IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAIRHOPE, ALABAMA, hat the north tier of lots situated on the south side of Morphy venue between Summit and Church Streets be rezoned from B-2 , eneral Business District to B-1, Local Shopping District. he following bids were received on Tapping Sleeves: W. R. Mitchell, Contractor 16" X 12" Tapping Sleeve and Valve 1,371.70 16" X lollit 11 it it 1,180.42 16" X 8" if it if it 1,045.68 J. E. Smith Contracting Co., Inc. 16" X 12" Tapping Sleeve and Valve 1,400.52 16" X 10" if it it it 1,167.77 16" X 990.43 tion by Councilman Sam Box seconded by Councilman David Bishop at bids be taken under advisement. following bids were received on Pipe: Moore -Handley 1,000 ft. 8" Class 21 pipe 5.40 ft. lollif it" 6.95 ft. 12" �, 9.00 ft. . t McWane Cast Iron Pipe Co. 1,000 ft. 8" Class 21 Pipe 5.51 II II 1 011 II II II 7.27 " It 12" " Itit 9.11 ft. Terms: Net - FOB Birmingham freight allowance to Fairhope , s American'Cast Iron Pipe Co. 1,000 ft. -8" Class 21 Pipe 5.48 ft. II 11,. loll 1t , 11 II 7.15 f t . ` 12" 9.03 ft. Alternate bid - American Cast Iron Pipe 1,000 ft. 8" Ductile Iron, Class 50 4.89 ft. " 10" it It if 6.42 ft. 1,000 " 12" "It 11 8.16 ft. Teams: 2 of 1% within 10 days of invoice, FOB Birmingham with freight allowed to Fairhope Motion by Councilman Sam Box seconded by Councilman David E. Bisho] that bids be taken under advisement. Motion -carried. This being date set for opening bids on garbage pick-up, only one bid was received from Eugene Bosby in the amount of $5,000.00. Motion by Councilman H. G. Bishop seconded by Councilman Sam Box that Mayor Nix be authorized to enter into one year contract with Eugene Bosby for solid waste collection to business establishments and residential areas presently serviced at a cost of $5,000.00 per month. Motion carried. The following bids were received on Gas Leak Detector: M'Jaer Southern Cross Corp. 1,950.00- v doe Control, Inc. 2,349.00 Motion by Councilman Sam Box seconded by Councilman Barney Shull that City accept bid that meets City's specifications. Motion carried. This being date set for public hearing on 1974 Street Improvement Assessments, there being no protests the following Ordinance was introduced by Councilman Sam Box: ORDINANCE NO. 560 A14 ORDINANCE DETERMINING ALL OBJECTIONS AND DEFENSES TO ASSESSMENTS FOR'ITHE COST OF IMPROVEMENTS PROVIDED BY IMPROVEMENT ORDINANCE NO. 543 AND ASSESSING THE COST OF SAID IMPROVEMENTS UPON THE PROPERTY SPECIALLY BENEFITTED THEREBY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAIRHOPE ALABAMA, as follows: SECTION 1. That upon evidence duly presented to and con- sidered by it, the City Council does hereby make a finding and determination of the following facts: (a) The City Council of the City of Fairhope, Alabama, adopted an 'ordinance on, to -wit, the 9th day of September, 1974 en titled,iIjFROVEMENT ORDINANCE NO. 543"; an ORDINANCE TO PROVIDE FOR CE 'FAIN IMPROVEMENTS ON WINN LANE, NORTHRUP STREET, BURGUNDY STREET AN P BDUE ISLAND AVENUE IN THE CITY OF FAIRHOPE, ALABAMA . " 1'� (b) Provision was made in said ordinance for the assessing of the cost of said in}provements against the property specially benefitted thereby. (c) Said ordinance provided that said improvements should be constructed in accordance with the details, drawings, plans, surveys, specifications and estimates then ordered to be placed on file in the office of the City Clerk where property owners who might be affected by said improvements could.see and examine the same. ?(`d) -Said-ordinance provided that the City Council would meet on the'30th day of September, 1974 at the City Administra- tion Building.in the City of Fairhope, Alabama, at 7:00 o'clock P.M. ,to hear any objection's _or remonstrances that might be made -to _said improvements, the manner of making the same or the character of the materials to be used. '(e):Said ordinance was publiched once a week for two consecutive weeks in the Fairhope Courier, a newspaper published and of general circulation in the City of Fairhope, the first publication being made not less than two weeks prior to the 30th day of September, 1974. (f) A copy of said Improvement Ordinance No. 543 was sent by registered mail, postage prepaid, to each of the persons last assessing for city taxation the property proposed to be assessed for said improvements at their last known addresses, said notices having been so mailed more than ten days prior to the 30th day of September, 1974. (g) At a meeting of the City Council held at the time and place fixed in said published notice, all objections and protests were heard and considered and said ordinance was duly confirmed, and said improvements were finally ordered. (h) Notice was given on the loth day of October, 1974, by publication in the Fairhope Courier asking for bids upon all work and materials for the construction of the improvements, the cost of which is hereinafter assessed, and a satisfactory bid was received on the llth day of November, 1974 and the City Council of the City of Fairhope, as provided by law and said ordinance did, on the 20th day of November, 1974, let the contract to make such improvements to VA.LTA CONSTRUCTION CO., the lowest responsible bidder. (i) Said improvements have been constructed, completed and accepted in accordance with said ordinance and contract. (j) The Mayor of the City of Fairhope has caused to be prepared a roll or list showing the names of property owners, -a description of each lot or parcel of land proposed to be assessed against each of said lots or parcels of land, and the same has been entered in a well -bound book, which was on the 17th day of September, 1975, at least twenty days before the date of this meeting, delivered to the City Clerk,' and ,continuously thereafter kept on file and open for inspection in the office of the City Clerk, the person authorized to make collection of said assessments. (k) The City Clerk has given the following notice by publication in the Fairhope Courier, a newspaper of general circulation in the City of Fairhope, Alabama, in the issue of October 2, 1975: r a � NOTICE TO PROPERTY OWNERS TO WHOM IT MAY CONCERN: Notice is hereby given that the Assessment Roll, prepared in accordance with the law in such cases made and provided, under a RESOLUTION TO PROVIDE FOR CERTAIN IMPROVEMENTS on Winn Lane, Northrup Street, Burgundy Street and Blue Island Avenue in the City of Fairhope, adopted on the 9th day of September, 1974 and confirmed on the 14th day of October, 1974 by STREET IMPROVEMENT ORDINANCE #543, by the City Council of the City of Fairhope, Alabama, has been delivered to me and is open for inspection in the office of the City Clerk of the City of Fairhope, Alabama, the person authorized to make collections of assessments for improvements constructed under said Ord- inance, and that the City Council -of the City of Fairhope, Ala- bama, will meet on the 27th day of October, 1975 at 7:00 o'clock P.M. to hear and determine any objections, protests or defenses that may be filed to such proposed assessments or the amounts thereof. The general character of the improvements constructed under said Ordinance consists of a 20 foot bituminous concrete pavement 12 inches thick (150 lbs per square yard) to be laid over a 6 inch thick compacted, primed, granular soil base con- structed between 2.5 foot wide 6 inch portland cement concrete valley gutters; together with brick manholes and catch basins where necessary with metal or concrete covers, concrete culverts, concrete pipe, drop inlets, grading, clearing,,grassing and sodding as necessary for erosion control and effective complet- ion and protection of said streets. The streets or portions thereof along which said improve- ments have been constructed and terminal points of said impr- ovements are as follows, to -wit: (a) Winn Lane from the east side of the existing pave- ment on Blue Island Avenue 617 feet eastwardly to the west side of existing pavement on Ingleside Avenue; (b) Northrup Street, from the east edge of existing pavement on South Ingleside Avenue eastwardly 875 feet to the eastern end of the cul de sac that terminated said street. (c) Burgundy Street, from the east edge of existing pavement on Church Street eastwardly to the west edge of exist- ing pavement on Burgundy Street at Boone Lane 685 feet. (d) Blue Island Avenue, from the north edge of the existing pavement on Fairhope Avenue northwardly 1840 feet to the existing pavement on Blue Island Avenue at [Jinn Lane. s/ Marie Moore City Clerk (1) The 27th day of October, 1975, at the City Administratioi Building in the City of FAirhope was mentioned in the foregoing Notice as the time and place at which the City Council of the City of Fairhope would meet to hear and determine any objections or defenses that might be made to such assessments or the amounts thereof. (m) No objections or defenses to the proposed assessments against said property or the amounts thereof have been filed in writing with, the City'Clerk.or in her office or have been made at this meeting. `SECTION 2._' That the amount `of the assessment against eacWlot or parcel of land dgscribed and included in said assessment roll be and the same is hereby fixed in accordance with said Improvement Ordinance No. in the amounts set out. + I SECTION 3. That it is ascertained by this Council and determined and so adjudged, that the cost of constructing said improvements is $ , and that the total amount assessed against all the property by this resolution does not exceed the total cost of said improvements, and the special benefits derived from such improvements, and that no charge assessed upon or against any lot or parcel of land is greater than the increased value of such property by reason of the special benefits derived from the aforesaid improvements, and that all of the lots or parcels of land so assessed abut on the part of said streets or highways so improved, or on a street or highway intersecting said part of said improved streets or highways within a half a block of the streets or highways so improved, and that all of the lots or parcels of land so located are included in said assessment. SECTION 4. That the names�of the property owners, a description of each lot or parcel of land assessed for said improvements, and the amount of such assessment against each lot or parcel of land for said improvements are hereby determined adjudged and fixed as set out in Assessment Book. i Appro Attest: Cfty Clerk Motion by Councilman H. G. Bishop seconded by Councilman Sam Box that the Mayor be authorized to sign endorsement on lease to 60 X 65 ft. lot behind the City Administration Building, to the Fairhope Single Tax Corporation to be leased to the Parking Authority with the stipulation that if it is discontinued for parking lot it will revert back to the City of FAirhope. Motion carried. Motion;by Councilman -.David Bi'shop seconded by Councilman H. G. Bishop that'the Mayor be authorized to enter into lease agree- ment with Civil Defense for Reservoir behind the Police Station for,Emer�ency Operation Center with clause that property would revert back to the City if not used for Emergency Operation Center and subject to any supportive action necessary from the Fairhope Single Tax Corporation. Motion carried. r9 1 r Request from Dun-Rovin, Inc. to be annexed into the City was presented. Motion by Councilman Sam Box seconded by Councilman Barney Shull that the City Attorney be instructed to draft necessary papers for annexation of Dun-Rovin, Inc. as R-4 area into the City, at the expense of the property owner. Notion carried. ORDINANCE NO. 561 AN ORDINANCE TO AMEND SECTION 20-22 OF THE CODE OF ORDINANCES OF THE CITY OF FAIRHOPE, ALABA'IA AND TO REPEAL ALL OTHER ORDINANCES IN CONFLICT THERE;-dITH. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAIRHOPE, ALABAMA: That Section 20-22 of the Code of Ordinances of the City of Fairhope be, and the same is hereby amended to read as follows: Section 20-22. TAX LEVY IN CITY. In addition to all other taxes now imposed by law, every person who sells, stores, or de- livers any tobacco products within the corporate limits of the city or within the Police Jurisdiction thereof, shall pay a License tax to the City, and a License Tax is hereby levied and fixed, which license tax shall be in the following amounts 'for sale, storage or delivery of the following named tobacco pro- ducts in the corporate limits of the City: (a) Cigarettes, 20 or less per package: All cigarettes made of tobacco or any substitute therefor, Three Cents ($0.03) for each package containing 20 cigarettes or less. (b) Cigarettes, 21 to 40 per package: All cigarettes made of tobacco or any substitute therefor, Five Cents '($01.05) on,'each package containing more than 20 and not exceeding 40'cigarettes. (c) Cigarettes, more than 40-per package: All cigarettes maUe of tobacco or- any substitute therefor, SEVEN CENTS ($6.07) on each "package containing more than 40 cigarettes. Tax levied by this,"Articlershall be paid through the use of stamps herein provided for. All other Ordinances in conflict with be, and the same are hereby repealed. This Ordinance shall take effect upon its due adoption and publication as required by law. ADOPTED THIS THE DAY OF R „ri.-t� 1975. CITY OF FAIRHOPE, ALABA•7A I B\)7A4k-,44/),fN Y' Mayor Attest ity Clerk Councilman Barney Shull introduced the following Ordinance: ORDINANCE NO. c.�59 AN ORDINANCE TO AMEND SECTION 3-17 OF THE CODE OF ORDINANCES OF THE CITY OF FAIRHOPE, ALABA"IA TO RAISE THE TAX THEREIN FROM TWO AND ONE/HALF CENTS (2 Z cents) TO FOUR CENTS ,($0. 04) to READ AS FOLLOWS: BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAIRHOPE, ALABAMA THAT SECTION 3-17 BE AMENDED TO READ AS FOLLOWS: That Section 3-17. License tax - Within corporate limits; written statements required in certain instances; disposition of proceeds. (a) TrIHOLESALERS, DISTRIBUTORS OR JOBBERS. There is hereby levied on every person who shall engage in business as a whole- saler, distributor or jobber of malt or brewed beverages of an alcoholic content not in excess of 4% by weight and 5% by volume in the corporate limits of the City, a license or privilege tax to be measured and ascertained as follows: An amount equal to four cents on each twelve fluid ounces or fraction thereof of such malt or brewed beverages sold or distributed, said amount to be due and payable on or bofore the 15th day of the calendar month next following such sales or distribution, and if not paid by said date, there shall be added to each said amount a penalty of 15% thereof. Every such wholesale, distributor and jobber shall, before engaging in such business, file with the City Clerk a written statement under oath containing full data regarding -the business he intends to carry on, including the location of his business, whether or not such wholesaler, distributor or jobber is a natural person, a corporation, a partnership or association, and if not a natural person, the names of the persons composing the partnership or association, and their residences, and if a corp- oration, the officers and persons holding the capital stock of the corporation and their residences. Three -eights of the proceeds of the tax levied hereunder shall be covered into the City Treasury and may be used for any municipal purpose. Five -eights of the proceeds of such tax shall be covered into a fund designated as "Fairhope Recreational Fund" and shall be used for the acquisition of lands, buildings and equipment and facilities for recreational and park purposes and for maintenance, development and operation of recreational facilities and public parks, for the City and its people. (b) RETAILERS. There is hereby levied upon all persons who shall engage in the business of selling, within the cor- porate limits of the City, as a retailer, malt or brewed bev- erages of an alcoholic content not in excess of 4% by weight and 5% by volume, to be consumed on the premises, or to be carried or delivered to the address of the purchaser, a privilege or license tax to be measured or ascertained as follows: An amount equal to Four Cents on each twelve fluid ounces or fractional part thereof of such malt or brewed beverages sold or distributed, to be consumed on the premises or to be carried or delivered to the address of the purchaser; said amount to be due and payable on "or' before - the 15th day of the calendar month next following such sales, and if not paid by said date, there shall be added to said penalty of 15%-of such amount. Any person engaged as a retailer of such malt or brewed beverages purchased in the'who.le from a wholesaler, distributor or jobber on which'the tax herein levied has been paid, shall not be required to pay the additional amount of Four Cents on each twelve fluid ounces or fractional part thereof; provided however, that in orderto obtain this exemption, such retailer must, on or before the 15th day of each month, file with the City Clerk a sworn written statement showing every purchase by such retailer during the preceding calendar month, as well. as the name of the wholesaler, distributot or jobber from whom the same was purchased, the amount of each purchase and the date of each purchase. Three -eights of the proceeds of the tax levied hereunder shall be covered into the City Treasury and may be used for any municipal purpose. Five -eights of the proceeds of such tax shall be covered into a fund designated as the "Fairhope Recreational Fund" and shall be used for the acquisition of lands, building and equipment and facilities for recreational and park purposes and for maintenance, development and opera- tion of recreational facilities and public parks -for the City and its people. All other Ordinances in conflict herewith are hereby repealed. This Ordinance shall take effect upon its due adoption and publication as required by law. t ADOPTED THIS THE AY OF 1975. CITY OF FAIRHOPE , ALA.BAIIA 1 % le Attest By: e " !v ,� Mayor ty Cler lotion by Councilman David Bishop -seconded by Councilman 011ie Deese that the City accept proposal of Blue Cross - Blue Shield of Alabama for hospital insurance for City employees. lotion carried. It was duly moved, seconded and carried that the meeting adjourn. Attest: r 11