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HomeMy WebLinkAbout11-14-1977 Regular Meetingr y STATE OF ALABAMA COUNTY OF BALDWIN r f The City Council of`the City of 'Fairhope, Alabama met in regular session on'Monday, November'`14,`1977, at 7:00 P.M;, at the City Administration Building, 387 Fairhope Avenue, Fairhope, Alabama with the fo'ltowing members present: Mayor James P. Nix, Council- men; David E. Bishop, Henry G. Bishop, Sam E. Box, Jack A. Stipe and Billy Don Wiggins. The minutes of the October 24, 1977 meeting were approved. Councilman Sam E. Box moved, seconded by Councilman Jack A. Stipe to re -advertise the public hearings on the rezoning of the Powe property and the Kilgore property, since the Council did not vote to advertise for public hearing which had been advertised due to a clerical error. Motion carried. Councilman Sam E. Box moved, seconded by Councilman Jack A. Stipe , to advertise for a public hearing on the rezoning of the Kilgore property. Motion carried. Councilman -David E. Bishop moved' seconded by Councilman Sam E. Box to advertise for a public hearing on the rezoning of the Powe property. Motion carried. A group of ladies came before the Mayor and Council,regarding the, dog situation in the City of Fairhope. The following ladies told Council members of their experiences with dogs running loose in the City: 1. Ruth Williams 2. Claire Gray 3. Mrs. Howard 4. Marge Morrell The ladies stated that the City needed to have a round -up of the stray dogs in Fairhope, and that the job of rounding up the dogs be given to the Police Department and a serious effort be made in - clearing City streets of wild dogs. Councilman Billy D. Wiggins moved, seconded by Councilman Sam E. Box for the final adoption of Ordinance No. 597 AN ORDINANCE TO AMEND SECTION 4-20 IN THE CODE OF ALABAMA by raising the impound- ing fee to twenty five dollars and the cost of feeding impounded dogs to one dollar ($1.00) per day. Motion carried. Councilman Billy D. Wiggins moved, seconded by Councilman David E. Bishop for final adoption of Ordinance No. 598 AN ORDINANCE TO AMEND SECTION ,4-26 IN THE CODE OF ALABAMA, by authorizing the City Dog Catcher and.the Police to issue citations for violations of Ordinances pertaining to dogs, Motion carried. Councilman,Sam-E. Box moved, seconded by Councilman Jack A. Stipe for final adoption of Ordinance No. 599 AN ORDINANCE ANNEXING 'PROPERTY OF ROBERT S. AND MADELINE C. BERGLIN, into the City Limits. Motion carried. Mrs. Pam Boone spokesperson for Beta-Sigrna-Phi4Fraternity �cam e before the Mayor and Council to present a petition (_this petition shall become a part of these minutes ) urging the City's continue support of the Baldwin County Mental Health program by paying the additional monies needed for the City to fulfill their obligation After a discussion between the Council and citizens present in support of the mental health program the Mayor and Council took the. matter under advisement for budget consideration at the November 28th, meeting of the City Council. The members of the Delta Kappa Chapter of Beta Sigma Phi are concerned regarding the present crisis facing the Mental Health Centers in Baldwin County. The undersigned would appreciate your concern and support in helping thecae centers within our county to remain in operation. The services that the centers provide for the residents of our county would not easily be replaced. Their growth during the past four years speaks well for their acceptance and appreciation from the communities. 2. 3. 4. �- 7. 8.� 9. 10. 22. 23. 24. 25. 1 Fairhope City Council Minutes for November 14, 1977 Page No . 2 Mr. Glen Gilbert came before the Mayor and Council to present a petition on behalf of the residents of Rosa Acres, ( this petition shall become a part of these minutes ) to the Mayor and Council requesting that Rosa Acres be zoned R-3 restricted to single family residences. Many residents of the Rosa Acres subdivision were present to support the petition. Councilman David E. Bishop moved, seconded by Councilman Jack A. Stipes to refer the petition from the residents of Rosa Acres to the Fairhope Planning and Zoning Commission Motion carried. Councilman Henry G. Bishop moved, seconded by Councilman David E..Bishop for adoption of the following Resolution to the State Highway'Department. Motion carried. RESOLUTION BE IT HEREBY RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF FAIRHOPE, ALABAMA , to appeal to the State Highway Depart- ment for review of policy and their effect on preserving the throughway function of roadways designated as state highways, and furthermore, that the Department consider steps that might discourage the long practice of strip commercial development in a continuation manner along state highways, and in particu- lar, U.S. 98 from Spanish Fort to Fairhope---it having been long recognized by planning experts that this practice is detrimental to the safety and well-being of through roadways and communities. ADOPTED THIS THE 14TH, DAY OF NOVEMBER, 1977, ATTEST: CITY CLERK Mayor Nix appointed Mr. William E. Workman to serve as a member of the Fairhope Planning Commission to replace Mr. Chester Billie whose term expired in May of 1977. Page No. 3 FAIRHOPE CITY COUNCIL Minutes for Meeting November 14, 1977 Councilman Jack A. Stipes moved seconded by Councilman David E. Bishop for the City to establish a Community Appearance Board and to appoint Verda Horne, Harford Field t Cynthia McBrearty, John Parker and Mrs. Herbert J. Potts, to serve as the advisory board members to set up the rules and regulations for the Board. Motion carried. Councilman Henry G. Bishop moved to introduce the following Ordinance: F ORDINANCE NO. O p BE IT ORDAINED. BY THE CITY COUNCIL OF FAIRHOPE: SECTION 1: ESTABLISHMENT OF MUNICIPAL COURT That there be and there is December.27, 1977, a Municipal hope, Alabama, pursuant to the Regular Session of the Alabama SECTION 2: JURISDICTION hereby established effective Court for the City of Fair - provisions of Act 1205, 1975 Legislature. The Minicipal Court of the City of Fairhope, Alabama, shall have jurisdiction of all prosecutions for the breach of ordinances of the municipality within its corporate limits and police .jurisdiction. This jurisdiction shall also -extend to all prosecutions for violations of state misdemeanors committed within the corporate limits and police .jurisdiction of the municipality where such offenses have been made offenses against the municipality. SECTION.3: TIME AND PLACE OF HOLDING COURT The Municipal Court of the City of Fairhope, Alabama, shall hold court at such time and place as the.governing body may determine -with the advice of the municipal judge. SECTION 4: PROVISIONS FOR.JUDGE A. The Municipal Court shall consist of one municipal judge to be appointed by a vote of majority of the members elected or appointed to the municipal governing body. The judge shall be appointed for a term of two years. The municipal judge shall be eligible for reappointment upon the expiration of his term. He shall hold office until his successor is appointed and qualified. B. The municipal judge must be licensed to practice law in the State of Alabama and must be a qualified elector of the State of Alabama. No judge shall be otherwise employed in any capacity by the municipality during his.term office. C. The office of the municipal judge shall be vacant if he dies, resigns, or is removed and vacancies shall be filled by the municipal governing body in the same manner as original appointments are made. Any person so appointed shall be eligible to serve two years from the date of appointmen D. The municipal judge shall, before assuming office, take and sign the oath provided by the Constitution and a copy thereof shall be filed in the office of the secretary of state, the administrative director*of courts and the clerk of the municipality. E. The municipal judge shall be subejct to all grounds of disqualification from hearing specific cases applicable to circuit court judges. SECTION 5: COMPENSATION OF JUDGE The annual salary of the municipal judge of the City of Fairhope, Alabama, is hereby fixed at Dollars and shall be payable in twelve equal monthly installmen This salary shall not be diminished during the judge's term of office. Any general increase in the compensation of all or substantially all municipal employees shall be applied proportionately to the salary of the municipal judge. SECTION 6: POWERS OF THE COURT A. The Municipal Judge shall have the,power to admit to bail any person charged with the violation of any municipal ordinance by requiring an appearance bond, with good security, to be approved by the municipal judge or his designee in an amount not to exceed five hundred dollars ($500.00) and may, in his discretion, admit to bail such persons on a personal recognizance bond conditioned on .the appearance of such persons before him on a day named therein to answer the charges preferred against them. B._ The Municipal Judge shall have the authority to punish any person convicted.of-violating.any municipal ordinance with a fine of not more than five hundred dollars ($500.00) and/or a sentence of imprisonment.or hard labor for a period not exceeding six (6) months; provided, however, that no fine or sentence'of imprisonment shall exceed the maximum fine or sentence.provided by the city ordinance violated nor shall the fine or.sentence exceed the maximum fine and sentence provided for violation of a substantially similar offense under State law. The penalty imposed on a corporation shall consist of the fine only, plus costs of court. C. The Municipal Judge in his judgment may provide that if a fine and costs are not paid within the.time prescribed, the defendant., unless indigent, shall work out the amount of the .judgement .under the direction of the municipal authority allowing not'less that ten dollars ($10.00) for each day's service. D. Upon each conviction in municipal court for a violation of any ordinance of .the City of Fairhope, Alabama, there shall be.taxed against .the defendant as court costs the sum of ten dollars ($10.0.0), and there shall also be taxed as costs the additional.costs and fees imposed by the statutes of the State of Alabama, and .the latter such costs and'fees shall be remitted pursuant.to the said statutes. All costs taxed.for the city, as hereinabove provided, shall be paid into the city treasury. E. Upon conviction, the court may, upon a showing of inability. to make immediate payment of fines and costs, accept defendant's bond with or without surety and with waiver of exemptions as to personalty payable within ninety days, upon non-payment of which execution.may issue as upon judgments in State courts. F. The. Municipal Judge shall have the authority to continue the case from time to permit the fine and costs to be paid, remit fines,` costs,.and.fees, impose intermittent sentences,.establish work release programs, require attendance of educational, corrective or rehabilitative programs, suspend driving privileges .for such times and under such conditions as provided by law and order -hearings to determine the competency of the defendant,to stand trial; provided further, that the judge may enter an order authorizing the defendant to -drive under the conditions set .forth in the order. G. All cases in municipal court shall.be tried by a municipal judge without a .jury. H. The Municipal Judge may suspend execution of sentence and place a defendant on probation for"varying periods. of time, not to exceed two (2) years, under the -2- procedures and conditions set out in Section 8-104(f) of Act 1205, 1975 Regular Session. I. The Municipal Judge may administer oaths, compel the attendance of witnesses and.compel.the production of books and papers, punish by fine not exceeding.fifty dollars ($50.0.0) and/or imprisonment not exceeding five days any person found.and adjudged.to be in contempt,of court, and shall have power: coextensive with ..the jurisdiction of the district court to issue writs and other process,•and to approve and declare bonds,forfeited. The Municipal Judge shall designate any other municipal officers who shall be authorized to -approve appearance and appeal bonds. J. The. Municipal Court.shall take .judicial notice of the ordinances of the municipality. K. The Sheriff of the county and all law enforcement officers, of the municipality -shall obey the municipal .judge having legal authority in faithfully executing the warrants and processes committed to them for service according to their mandates. SECTION 7: POWERS OF THE MAYOR The mayor may remit fines and such costs as payable to the municipality and commute sentences imposed by municipal judges of the court to which an appeal was taken for. violations of municipal ordinances, and may grant pardons, after conviction, for violation of such ordinances, and.he shall -report his action to the council or other governing body at the first regular meeting thereof in the succeeding month with his reasons therefor -in writing. SECTION 8: APPEALS A. All appeals from judgments of the municipal court shall be to the circuit.court of the circuit in which .the violation occurred,for trial de novo. B. The municipality may appeal within sixty days without bond, from a judgment of the municipal court holding a municipal ordinance invalid. C. A defendant may appeal in any case within fourteen days from the entry of .judgment by filing notice of appeal and giving bond with or without surety approved by the court or .the clerk in an amount not more than.$500.00 and costs, as fixed by the court, conditioned upon defendant's appearance before the circuit court. The municipal court may waive appearance,bond.upon satisfactory showing that the defendant is indigent or otherwise unable to provide a surety bond. If an appeal bond is waived, a defendant sentenced to imprisonme shall not be .released from custody, but may obtain release at any time by.filing a bond approved by the municipal court. -If the defendant is not released, the prosecutor shall notify the circuit clerk and the case shall be set for trial at .the earliest practicable time. D. When an appeal has been taken, the municipality shall file the notice and other documents in the court.to which"the appeal is taken within fifteen days, failing which the municipality shall be deemed to have abandoned the prosecution, the defendant shall stand discharged and the bond shall be automatically terminated. E. Upon trial or plea of on appeal, the court may impose which the municipal court might guilty in .the circuit court any penalty or sentence have imposed. -3- F. Upon failure of an appellant,to appear in circuit court when the case is called for trial,.unless good cause for such default is shown,.the court shall dismiss the appeal,and enter .judgment of default on the appeal bond, and may also issue a warrant for arrest of the appellant. A copy of the order shall be delivered by the circuit clerk to the clerk of .the municipal court. The circuit court may on motion of defendant made within thirty days of the order of dismiss, set aside the dismissal and other orders and reinstate the appeal,on such terms.as the court may prescribe for good cause shown by the defendant. G. Upon recipt of notice of dismissal of an appeal, the municipal,court may, issue a warrant.for arrest of the defendant, who may -also bearrested without a warrant as an escape. Upon arrest -.the defendant,shall be delivered to the municipal authorities and punished,in accordance with the judgment of the municipal court. H. If a judgment is entered against a defendant upon appeal, the circuit court shall remand .the defendant to the municipal authorities for punishment in accordance with the judgment of the circuit court, unless, when the judgment is for fine and costs only, -.the judgment is paid or a judgment is conferred therefor in favor of the municipality with sureties or'as otherwise provided for convictions under State law. I. Upon receipt of payment of fines and costs. upon appeals, the clerk of the circuit court shall within thrity days pay ninety .percent of such fines and forfeitures, and ten .percent of .the costs, to the treasurer of.the municipality. The circuit clerk shall be'liable on his bond for such fines and costs plus a penalty of five percent per month for default in such payments. J. From the judgment of .the circuit court, the municipals in a case holding invalid an ordinance, or the defendant in any case, mayappeal to, the.court of criminal appeals in like manner as in cases of appeals for convictions of violation of the criminal laws of the state. If the appeal is taken by the municipality, it shall not be required to give surety for the costs of the appeal. When taken by the defendant, he may give bail with sufficient sureties,,conditioned that ,he will appear and abide by the-.judgment.of the appellate court, and failing to give bail he must.be committed to the municipal jail; but he may give such bail at any time pending the appeal. When an appeal.is taken by the defendant and bail is given .pending the appeal, and the judgment of. conviction is affirmed or the appeal is dismissed, the defendant is bound by the undertaking of bail to surrender himself to the municipal.authorities within fifteen days from the date of such affirmance or.dismissal, and if he shall fail to do so, the clerk of thecircuit court from which the appeal is taken, upon motion of the municipality, must endorse the bail bond forfeited, and a writ or writs of arrest must be issued by the clerk to the sheriff. Upon arrest the defendant shall be delivered to the municipal.authorities and the sentence must without delay be carried out as if no appeal has"been taken. If bail is forfeited as herein provided, a conditional..judgment must be rendered by the court in favor of the municipality and the same proceedings. had thereon for the municipality as is authorized by law -to -be had in the name of the state in state cases. SECTION 9: WARRANTS The municipal Judge is authorized to issue arrest and search warrants upon affidavit for municipal ordinance 17 -4- violations returnable.to the municipal court and for violations of state law returnable to any state court. SECTION 10: MAGISTRATES The Municipal Judge shall take steps to have a magistrate appointed for.the City of Fairhope,.Alabama, pursuant to Rule 18 of the Alabama Rules of Judicial Administration. The powers of .the magistrate shall be limited to: (1) issuance of arrest warrants; (2) granting of bail in minor misdemeanor prosecutions; .(3) receiving of pleas of guilty in minor misdemeanors where a schedule of fines has been prescribed by law or rule: (4) accountability to the municipal court for all uniform traffic tickets and complaints, -,monies received and'records of offenses; and (5) such other authority as may be granted by law. SECTION 11: ACTING MUNICIPAL JUDGE In the absence from the city, death, disability, or disqualification of a municipal judge,.for any reason, the mayor of the municipality shall have .the authority to designate a person., licensed to practice'law.in the state of Alabama and a qualified elctor of the state..of Alabama,.not otherwise employed.in any capacity by .the municipality, .to serve as acting municipal Judge..with all power and authority of a duly appointed municipal judge. No.such acting judge may serve for more .than thirty .successive days or a total of sixty drays in any calendar..year; provided, that when the duly appointed.municipal judge is disqualified pursuant to the Constitution, the time of service limitations .for .acting judges shall not apply during such disqualification. SECTION 12: The Municipal Judge shall be required to make a report to the council on the operation of the municipal court every month. SECTION 14: SEVERABILITY CLAUSE Each.and every provision of this ordinance is hereby declared.to.be an independent provision and,the holding of any provision hereof`to be void and invalid for any reason shall not affect any other provision.hereof, and it is hereby declared that the other provision of this ordinance would have been enacted regardless of any provisions which might have been invalid. SECTION 15: REPEALER All ordinances or parts of ordinances inconsistent herewith and in force.,at the timethisordinance takes effect are hereby repealed. SECTION 16: EFFECT.IVE DATE . This ordinance shall become effective on December 27, 1977, following its passage, approval and publication as required by law. ADOPTED. AND APPROVED THIS THE' 1977. ATTEST: CITY CLERK MAYOR DAY OF ORDINANCE NO. 601 BE IT ORDAINED BY THE CITY COUNCIL OF FAIRHOPE: SECTION 1 Any person, firm or corporation committing an offense within the corporate limits of the City of Fairhope, Ala- bama, or within the police jurisdiction thereof, which is declared by a.law or laws of the State of Alabama now existing or hereafter. enacted, to be a misdemeanor, shall, upon conviction, be punished by a fine of not less than One Dollar ($1.00) nor more than Five Hundred Dollars ($500.00). In addition thereto, any person so convicted, may be imprisoned or sentenced to hard labor for the City of Fair - hope, Alabama, for a period of not exceeding six months, at the discretion of the court trying the case. Provided, however, that no penalty shall consist of a fine or sentence of imprisonment exceeding the maximum fine and sentence established under State law for the commission of substan- tially similar offenses. SECTION 2 All ordinances or parts of ordinances which conflict with this ordinance are hereby repealed. The provisions of this ordinance are cumulative and shall not be construed to repeal or supersede any laws not inconsistent herewith. SECTION 3' If any part of the ordinance is declared invalid or unconstitutional, such declaration shall not affect the parts which remain. SECTION. 4 . This ordinance shall become effective December 27, 1977, following its due adoption and publication. ADOPTED AND APPROVED THIS THE '-y. DAY OF 1977. ATTEST: .Carolyn Adams CITY CLERK MAYOR Page No. 4 Fairhope City Council Minutes for November 14, 1977 meeting The petition for a refund of property taxes for I\Iorth American Telephone Company until the November 28, 1977 for the City Attorney to look into and report back. This being the date set for the opening of bids on equipment, the following bids were received: T & E Tractor Company -tools Reed Equipment Company -tools Turner Supply Company -Air Compressor Cowin Equipment Companv -tools All Quip- Air Compressor- Tools Cowin Equipment Company -Air compressor D-175 Air Compressor G-175 Reed-W/Diesal W/Gas All -Quip- Air Compressor T & E Tractor Company- Air Compressor 1,578,27 1,716.16 No Bid 2,024.82 " $87 .30 1,182,90 8,900.00 7,395.00 8,763.42 7,490.12. 8,650.00 6,894.75 8,393.40 Councilman Jack A. Stipes moved, seconded by Councilman David E. Bishop, to take the bids under advisement and accept the low bid providing it meets specifications. This being the date set for the opening of bids on gasoline the following bids were received: Motheshed Oil Corporation Ro Bi9 Exxon Corporation: ° 1 .4200/gal. �' Gulf Oil Corporation: 93 Octane � - - -- -9:2 ,.2 Octane $ , 4450/gal . Diesal'Fuel S,4350/gal David E, Bishop moved seconded by Billy D,,.,Wiggins, to take the bids under advisement and report back at the November 28, 1977 meeting. Motion carried. Councilman Sam E. Box moved, seconded by Councilman Henry x G. Bishop, to authorize the Police Chief to hire two new Police Personnel. Motion carried. Councilman Sam E. Box moved, seconded by Councilman Henry G. Bishop to adopt the following Resolution: RESOLUTION BE IT HEREBY RESOLVED BY THE MAYOR AND COUNCIL OF THE IICITY OF FAIRHOPE , that the Mayor and Council supports the reappointment of Mr. Sam Dyson to the Baldwin County Board of Equalization. ADOPTED THIS THE 14TH DAY OF NOVEMBER, 1977. ATTEST: CITY CLERK Page No, 5 Fairhope City Council Minutes for November 14, 1977 Councilman Henry G. Bishop moved, seconded by Councilman Billy D. Wiggins for the City to get estimates from other Insurance Companies on the employees medical insurance. Motion carried. City Engineer Ack Moore reported to the Mayor and Council on the City's proposed extension of the water lines regarding the proposed rates to charge the customers and the financing costs. Councilman Jack A. Stipes moved, seconded by Councilman Billy D. Wiggins to authorize Mayor Nix to request the Corps of Engineers to make a study of the jetties at the Yacht Club. Motion carried. Councilman Jack A. Stipes moved, seconded by Councilman. David E. Bishop to pay the bills as presented. Motion carried. Councilman Jack Stipes!told members of the Council that a Mr. Louis Wiles had contacted him regarding fees he had to pay to the Building Inspector for licenses. It was requested that a letter be sent to Mr. Wiles explaining the license fees by the Building Inspector. r There being no further business on a motion duly made, seconded and carried, the meeting adjourned., APPRQ - - - ATTEST: J I CIT CLE ,K ORDINANCE NO. ���T AN ORDINANCE TO AMEND SECTION-4-20 IN THE CODE OF FAIRHOPE, TO READ AS FOLLOWS: BE IT ORDAINED BY THE CITY COUNCIL OF FAIRHOPE: SECTION 4-20,. SAME - PROCEDURE FOR REDEMPTION The owner of any impounded dog may, within forty-eight (48) hours after the dog is impounded, redeem .the dog by paying to the Clerk of the City, the sum of Twenty-five Dollars ($25.00) for the impounding and One Dollar ($1.00) per day for the keep of said dog, and by securing a City license and and exhibiting evidence that the dog has been inoculated against rabies. SECTION 4-20 (a) It shall be unlawful for any person to release any dogs or dogs from the City Pound without first complying with the above Section. Any person violating the terms of this Section shall, upon conviction, be fined not less than One Dollar ($1.00), nor more than Two. Hundred Fifty Dollars ($250.00), at the discretion of the Court. SECTION 4-20(b) This Ordinance shall take effect upon its due adoption and publication as required by law. ADOPTED .THIS THE DAY OF fl 1977. MAYOR JAMES P. NIX ORDINANCE NO AN ORDINANCE TO AMEND SECTION-4-26 IN THE CODE OF FAIRHOPE, TO READ AS FOLLOWS: BE IT ORDAINED BY THE CITY COUNCIL OF FAIRHOPE, SECTION 4-261. CITATIONS: ISSUANCE FOR VIOLATIONS The City dog catcher and police shall be and they are hereby authorized.to issue citations for violations of Ordinances pertaining to dogs. This Ordinance shall take effect upon its due adoption and publication as required by law. ADOPTED THIS THEDAY OF �/(J t 41,r'(., r 1977. ATTEST: MAYOR aTCLE JAMS ?-.--NIX m w PETTTI0N ?•le the undersigned residents of the City of Fairhope, Rosa Acres Subdivision, do respectfully request the City Council of the City of Fairhope, Alabama to consider and act on the following re- quests: I To change, amend, alter or otherwise restrict Rosa Acres Subdivision to "Zone R-3 - Single Family Dwellings". We are well aware of the negative effect that multiple family housing will have on our property, the increased danger to our children and personal belongings, and the general unkept surroundings that transient neighbors represent. The resident property owners of Rosa Acres were not properly infbr,ned of` the plan to build duplex dwellings and rental properties, and we submit that indeed many of us were deliberately mis-informed. Most of us bought on the assurance of the large entrance sign that used the word "restrictive". This sign has now been painted over. WE PETITION THE CITY COUNCIL FOR PROMPT RELIEF FROM THIS PROBLEM. r I I We respectfully request the City Council to resurvey and/or re-evaluate the Rosa Acres Subdivision as to the problems of drainage, condition of the streets, lots and homes to determine if same meet all of the -2- existing Federal, State, City and County Engineering, Health, Housing, and Safety codes. The poor drainage presently existing presents a serious health and safety hazard due to water standing for days not.only in the streets.and driveways, but also.in the resi- dential lots, making driving hazardous and estab3sh- irig breeding grounds for mosquitoes and other noxious insects. We the undersigned submit this Petition in two separate parts namely I and II. We ask that these parts be considered and acted on separately. Failure to act on one part shall not prejudice the other part. Respectfully submitted, Q i pl. a t, WAIVER AND AGREEMENT STATE OF ALABAMA COUNTY OF BALDWIN WHEREAS, the City of Fairhope, a Municipal Corporation, is now in the process of a Street Paving Assessment program, and WHEREAS, there are certain streets that were not included in the original assessment program at its inception, and WHEREAS, there are certain property owners who desire their streets to be paved and are desirous of entering into the Assessment Program, and WHEREAS, all public notices and public hearings have already been held, and that the property owners are desirous of waiving any and all public notice and public hearing and entering into the Assessment Program. NOW, THEREFORE, for and in consideration of the covenants and agreements hereinafter contained, the undersigned do hereby agree with the City of Fairhope as follows: 1. That the undersigned are the owners of the hereinafter described properties, and desire the same to be entered into the Assessment Program under Assessment Ordinance No. as follows: A. A circle of fifty feet radius, being the bulb of a Cul-De-Sac at the north end of Patlynn Drive, in Block 4 of Volanta Subdivision. That PAUL A. FREDERICK, III and wife, MAXINE J. FREDERICK, and PIERCE E. FREDERICK and wife, JEANNE G. FREDERICK, the undersigned hereunder, are the owners of all the hereinabove described property, and they do hereby waive any and all notice that they are entitled to under the laws of the State of Alabama and waive any public hearings thereunder, and, assents for the hereinabove described property to be included in Assessment Ordinance No. , and further agree to pay to the City of Fairhope the per front foot basis assessment as all other assessments due under Assessment Ordinance No. That the said PAUL A. FREDERICK, III and wife, MAXINE J. FREDERICK, and PIERCE E. FREDERICK and wife, JEANNE G. FREDERICK, further agree to be bound by all of the state statutes covering assessments, elections thereof and foreclosure; thereunder in case of default. IN WITNESS WHEREOF, w'ea have caused these presents to be executed on this the -�� day of 1978. ( SEAL) PAUL A. FREDERICK, III (SEAL) MAXZNEJ. FRE ERICK n t Z-4�z- (SEAL) PIERCE E. FREDERICK (SEAL) J NNE G. FREDERICK STATE OF ALABAMA COUNTY OF BALDWIN I, e D V-'- (L Vp QQ S F` a Notary Public in and for said county in said'state , hereby certify that PAUL A. FREDERICK, III and wife, MAXINE J. FREDERICK, whose names are signed to the foregoing instrument and who are known to me, acknowledged before me on this day that, being informed of the contents of said instrument, they executed the same voluntarily on the day the same bears date. Given under my hand and seal this the 15 day of 1978. NOTARY/.PTIBLIV My Commission Expires: STATE OF ALABAMA COUNTY OF BALDWIN I,(%��(-�J�J 5 L , a Notary Public in and for said county in said state, hereby certify that PIERCE E. FREDERICK and wife, JEANNE G. FREDERICK, whose names are signed to the foregoing instrument and who are known to me, acknowledged before me on this.day that, being informed of the contents of said instrument, they executed the same voluntarily on the day the same bears date. Given under my hand and seal this the � day of 1978. NOTARY PUBLIC My Commission Expires: s WAIVER AND AGREEMENT STATE OF ALABAMA COUNTY OF BALDWIN WHEREAS, the City of Fairhope, a Municipal Corporation, is now in the process of a Street Paving Assessment program, and WHEREAS, there are certain streets that were not included in the original assessment program at its inception, and WHEREAS, there are certain property owners who desire their streets to be paved and are desirous of entering into the Assessment Program, and WHEREAS, all public notices and public hearings have already been held, and that the property owners are desirous of waiving any and all public notice and public hearing and entering into the Assessment Program. NOW, THEREFORE, for and in consideration of the covenants and agreements hereinafter contained, the undersigned do hereby agree with the City of Fairhope as follows: 1. That the undersigned are the owners of the hereinafter described properties, and desire the same to be entered into the Assessment Program under Assessment Ordinance No. EN as follows: Colonial Drive south from its present terminus at Washington Drive, south 430 feet, more or less. B. Valley Forge Court west (in Part One) from the future terminus of Colonial Drive, southwest 245 feet, a Cul-De-Sac. C. Valley Forge Court east (in Part Two) from the future terminus of Colonial Drive, southeast 245 feet, a Cul-De-Sac. That CHESTER BILLIE and wife, ROBERTA C. BILLIE and A. WESLEY STAPLETON and wife, BEVERLY P. STAPLETON, the undersigned hereunder, are the owners of all the hereinabove described property, and they do hereby waive any and all notice that they are entitled to under the laws of the State of Alabama i and waive any public hearings thereunder, and, assents for the hereinabove described property to be included in Assessment Ordinance No. , and further agree to pay to the City of Fairhope the per front foot basis assessment as all other assessments due under Assessment Ordinance No. That the said undersigned further agree to be bound by all of the state statutes covering assessments, elections thereof andforeclosures thereunder in case of default. IN WITNESS WHEREOF, we have caused these presents to be executed on this the day of 1978. 1 (SEAL) CHESTER BILLIE - (SEAL) R BERTA C. BILLIE (SEAL) A.-WES4EY ABLE N _M�EllENU!" �ti,[ STATE OF ALABAMA COUNTY OF BALDWIN a Notary Public in and for said county n'said state, hereby certify that CHESTER BILLIE and wife, ROBERTA Q.. BILLIE, whose names are signed to the foregoing instrument and who are known to me, acknowledg before me on this day that, being informed of the contents of said instrument, they executed the same voluntarily on the day the same bears date. Given under my hand and seal this the 9 day of 1978. My Commission Expires: NOTARY PUBLIC -2- STATE OF ALABAMA COUNTY OF BALDWIN I, L'G',R G . C EE a Notary Public in and for said county in said state, hereby certify that A. WESLEY STAPLETON and wife, BEVERLY P. STAPLETON, whose names are signed to the foregoing instrument and who are known to me, acknowledged before me on this day that, being informed of the contents of said instrument, they executed the same voluntarily on the day the same bears date. Given under my hand and seal this the day of 1978. My Commission Expires: j Z'C� NOTARY PUBLIC -3- WAIVER AND AGREEMENT STATE OF ALABAMA COUNTY OF BALDWIN WHEREAS, the City of Fairhope, a Municipal Corporation, is now in the process of a Street Paving Assessment program, and WHEREAS, there are certain streets that were not included in the original assessment program at its inception, and WHEREAS, there are certain property owners who desire their streets to be paved and are desirous of entering into the Assessment Program, and WHEREAS, all public notices and public hearings have already been held, and that the property owners are desirous of waiving any and all public notice and public hearing and entering into the Assessment Program. NOW, THEREFORE, for and in consideration of the covenants and agreements hereinafter contained, the undersigned does hereby agree with the City of Fairhope as follows: 1. That the undersigned is the owner of the hereinafter described properties, and desires the same to be entered into the Assessment Program under Assessment Ordinance No. as follows: A. Patlynn Drive from its present terminus at the North boundary of Gates Fairmont Subdivision No. 1, north 1869 feet, more or less, to the south boundary of Block 4, Volanta Subdivision. B. Claire Court, 318 Feet - Cul-De-Sac C. DeSha Court, 310 Feet - Cul-De-Sac D. Allison Court, 310 Feet - Cul-De-Sac E. Leslie Court, 310 Feet - Cul-De-Sac F. Greenwood Avenue from its present terminus in Greenwood Park Subdivision, west 515 feet, more or less, to the East boundary of Block 4, Volanta Subdivision. That WDM, Inc., the undersigned hereunder is the owner of all the hereinabove described property, and it does hereby waive any and all notice that it is entitled to under the laws of the State of Alabama and waives any public hearings thereunder, and, assents for the hereinabove described property to be included in Assessment Ordinance No. , and further agrees to pay to the City of Fairhope the per front foot basis assessment as all other assessments due under Assessment Ordinance No. That the said W.D.M., Incorporated further agrees to be bound by all of the state statutes covering assessments, elections thereof and foreclosures thereunder in case of default. IN WITNESS WHEREOF, W.D.M., Incorporated has caused these presents to be executed on this the �:Z.., day of 1978. ATTEST W.D.M., INCORPOP)kVED N" ff" R."'AmINO Pr ) - dent S, de Acrf let a I 6ry� �! STATE OF ALABAMA COUNTY ,OF BALLD�WIN I, 'CCU CEO , a Notary Public in and for,said county in said state, hereby certify that A. C Ae - ;�. X and % ,t, be b%4�U whose names are signed,as Vice President and Secretary of W.D.M., INCORPORATED, and who are known to me, acknowledged before me on this day that, being informed of the contents of said instrument, they, as such officers and with full authority for said corporation, executed the same voluntarily on the day the same bears date. Given under my hand and seal this the `= day of -, 1978. NOTARY PUBLIC My Commission Expires: -2- J WAIVER AND AGREEMENT STATE OF ALABAMA COUNTY OF BALDWIN WHEREAS, the City of Fairhope, a Municipal Corporation, is now in the process of a Street Paving Assessment program, and WHEREAS, there are certain streets that were not included in the original assessment program at its inception, and WHEREAS, there are certain property owners who desire their streets to be paved and are desirous of entering into the Assessment Program, and WHEREAS, all public notices and public hearings have already been held, and that the property owners are desirous of waiving any and all public notice and public hearing and entering into the Assessment Program. NOW, THEREFORE, for and in consideration of the covenants and agreements hereinafter contained, the undersigned does hereby agree with the City of Fairhope as follows: 1. That the undersigned is the owner of the hereinafter described properties, and desires the same to be entered into the Assessment Program under Assessment Ordinance No. as follows: A. Brown Street between Fairhope Avenue and Stimpson Street. That Fairhope Single Tax Corporation, the undersigned hereunder, is the owner of all the hereinabove described property, and it does hereby waive any and all notice that it is entitled to under the laws of the State of Alabama and waives any public hearings thereunder, and, assents for the hereinabove described property to be included in Assessment Ordinance No. and further agrees to pay to the City of Fairhope the per front foot basis assessment as all other assessments due under Assessment Ordinance No. That the said Fairhope Single Tax Corporation further agrees to be bound by all of the state statutes covering assessments, elections thereof and foreclosures thereunder in case of default. L IN WITNESS WHEREOF, Fairhope Single Tax Corporation has caused these presents to be executed on this the 4-- _ day of 1978. ATTEST STATE OF ALABAMA FAIRHOPE SINGLE TAX CORPORATION B �- President COUNTY OF BALDWIN I, L E u , a Notary Public in and for said county in said state, hereby certify that � ISp'N and Z,*m �p� w�LL whose names are signed as President and Secretary of Fairhope Single Tax Corporation and.who are known to me, acknowledged before me on this day that, being informed of the contents of said instrument, they, as such officers and with.full authority for said corporation, executed the same voluntarily on the day the same bears date. Given under my hand.and seal this the �= day of 1978. c� NOTARY PUBLIC My Commission Expires: -2- GENERAL FUND BILLS 'BANK BALANCE: $ 126,374.71 4, Audio Visual and Electronic Services .1,074.50 Baldwin Computer Services 77.40 Bedsole and Gwin 109.36 Busy Bee Garage 20.00 Copy Products 28.00 Coastal Concrete Company 410.88 Dixon's Car Care Center 180.78 Ebco Battery Company 63.40 Eastern Shore Glass Company 1.79 Empire Pipe and Supply Company 16 Fairhope Auto Parts 101.81 Fairhope Floor Covering 112.00 Fairhope Hardware 63.73 Fuel Oil Supply Company 26.00 Fairlope Pharmacy 13.00 Gaston Motor Company 96.72 Intoximeters 29.O0 Klumpp's Farm and Garden Center 15.60 Ingersoll's Refrigeration and Air Conditioner 218.35 Leary and Owens Equipment Supply Company 2,268.00 Musico 25.00 Moore Engineering (10 blueprint prints) 20.50 Material -Sales .Company 1 _ 992.12 MobileEfectricy"Garage 173.45 Moore -Handley Supply Company 270.61 Nix &,Bennett Supply -Company 1 161.03 National Linen zService 4 14.85 The Print Shop ( Envelopes for bus. License ) 233.35 Paymaster Corporation I ; 264.80 Professional Printing Service'(`Personnel Data )23.99 Quality Printing( Police Dept..Filing Cabinets)515.20 Shepherd'Printing Company 92.25 Southern Auto Parts 12.35 Bill Steber Chevrolet 2.05 Foley Tractor Company 49.83 T G & Y ( ANTI -FREEZE) 126.88 Herman Taylor ( Mileage for December ) 298 mi. 44.70 Truck Equipment Companyy 524.74 Village Square Trophy Shop 45.00 Welding Supply Company 113.30 Western Lumber and Supply Co., Inc. 87.15 Harold Weston ( Saw sharpening ) 10.25 Bond Fund Payment 6,510.42 TOTAL BILLS THRU 1-09-78 15,839.02 t r t�. GAS FUND BANK BALANCE: $86,574.86 Audio Visual and Electronic Services Baldwin Computer Service Wallace C. Beard Empire Pipe and Supply Company Fairhope Auto Parts Gaston Motor Company General Corrosion Services Graphic Control Marine Specialty Service Material Sales Nix & Bennett Supply Company Pringle Gas Meter Repair Welding Supply Company Transfer to General Fund Payment to General Fund G.O. REF. WTS. Bond Fund Payment — TOTAL BILLS THRU 1-09-78 $ 3 12.01 110.G. 614.8y 14. 43. 14" 31 291 5 40t 40 12,916. 468. 5,650.0. 20,648.3 i ELECTRIC FUND BILLS BANK BALANCE: $ 285,602.95 Baldwin Computer Service 371.35 Fairhope Auto Parts 21.98 Fuel Oil Supply Company 20.00 Florida Transformers 459.40 Gaston Motor Company 978.70 Hill-Soberg Supply 96.72 Stuart C. Irby 701.95 Mack Electric Supply Company 624:72 Nix and Bennett Supply Company -451.36 Southeastern Testing Laboratories 14.95 Bill Steber Chevrolet 3.65 Western Lumber and Supply Company 63.06 Wesco 1,079.45 Bond Fund Payment G.O. Electric Warrants 3,971.67 Transfer of Fund 13,333.35 Payment to General Fund G.O.Ref. Wts. 2,348.96 TOTAL BILLS THRU 1-09-78 24,541.27 ALABAMA POWER COMPANY PAID 1-06-78 J. 4 19 f-i 57,444.30 ^ 01' S 02 .0 .7 3, . 6 2;1 .39 7 2,' 60 13 Jyy tW � .f