HomeMy WebLinkAbout04-24-1978 Regular MeetingSTATE OF ATABAMA
The City Council of the City of Fairhope, Alabama met in regular session
on Monday, April 24, 1978 at 7:00 p.m. at the City Administration Building,
387 Fairhope Ave., Fairhope, Alabama with the following members present:
Ed. Bishop, Sam Box, Henry Bishop, Don Wiggins, Jack Stipes, and Mayor
James P. Nix.
Motion by Councilman H. Bishop, seconded by Councilman J. Stipes to name
Jack Kirk as acting Clerk in the absence of Lynn Adams, City Clerk. Motion
Carried.
Minutes of the previous meeting were approved as written.
Mrs. Tommie Werneth met with Council to report on the Grant Applications
for equipment to be used on New Police Cars. Also renovation of Adult
Tourist Building, in the amount of $10,000.00. Applications have been
approved.
Mr. Stipes reported on Bayview parking, west side only. Mr. Stipes moved
that the City give Mr. George McKean authorization to construct drain, curb,
guttering, and paving on the west side of Bay View Ave. next to Knowl Park.
And that construction be in accord with plans and specification as presented
to the Parking Authority and the City Council, with the preovisions that
there will be no enroachment on park lands, no trees or bushes will be re-
moved or disturbed. And with parallel parking only. And that all cost
incured with this project be paid by Mr. McKean with no cost to the City of
Fairhope. Participation in this project will not be given personal or
private parking priviledges in this area. Seconded by Mr. Box, upon being
put to a vote, the motion carried unanimous.
Mr. Marion Wynn attorney for residents of Paddock Estates came before the
Council concerning streets and drainage in Paddock Estates. After some
discussion, Councilman Ed Bishop made motion that Moore Engineers be
authorized to make inspection of Paddock Estates to see if drainage pipes
are large enough, slopes are properly designed and compaction of streets meet
specifications in Phase I and Phase II. Seconded by Councilman Jack Stipes.
Upon being put to a vote, the motion carried unanimous.
I.btion by Councilman Box that Moore Engineering be authorized to apply for
grants and to continue with feasibility study for water system extensions
into out laying areas, with no cost to the City of Fairhope if the system
is not built. Motion seconded by Councilman Stipes. Upon being put to a
vote the motion carried unanimous.
Chief Bung of the Fire Department requested that the City of Fairhope
purchase Radio & Bar Lights and Equipment for old police car that is to be
used by the Fire Department. (Radio Cost -- $657.00 and Bar Light & Sirene
Cost -- $825.00) Motion by Councilman Stipes that this request be granted.
Seconded by Councilman Ed Bishop. Motion carried.
Councilman Don Wiggins made motion to set Beach Attendants wages at three
lollars per hour ($3.00). Seconded by Councilman Henry Bishop. Upon being
put to a vote --Motion carried.
(City Council minutes April 24, 1978, pg. 2)
After a discussion on Liability and Fire Insurance for the City of Fairhope,
Councilman Stipes made the motion to accept low bid, providing it meets the
required Coverage of the City and the Mayor. Be authorized to meet with
Insurance Agencies to evaluate bids. Seconded by Councilman Ed Bishop.
Upon being put to a vote - motion carried unanimous.
Motion by Councilman Box, seconded by Councilman Wiggins for the City to
enter into the Gas Emergency Work Agreement among Gas Utilities in the area
provided that the City okay's the agreement.
Motion by Councilman Stipes, seconded by Councilman Henry Bishop to proceed
with contract with Valta Construction Company to base area to be blacktoped
at Fisherman's Wharf, at the cost of $1530.00. Motion carried unanimous.
Motion by Councilman Wiggins to re -appoint Mr. Barney Shull to a five-year
(5) term on the Park and Recreation Board. There being no other nomination,
Councilman Stipes moved that nominations be closed. Seconded by Councilman
Henry Bishop. Mr. Shull's sppointment unanimously adopted.
Councilman Wiggins nominated Mr. Jack Stipes and Mr. Bill Gable for a two
year (2) term on the Harbor Board. There being no other nominations
Councilman Henry Bishop moved that nominations be closed. Seconded by
Councilman Ed Bishop. Motion carried.
Drainage problem of Mr. Dan Benton was discussed. Motion by Councilman.
Ed Bishop for the City to authorize Moore Engineering to define right of
way lines from Gayfer Ct. to Volanta Ave. and report back to Council.
Seconded by Councilman Stipes, upon being put to a vote, motion carried
unanimous.
Mr. Ben Barnhill and Mr. R. A. Malone were nominated by Councilman Stipes
to the Parking Authority for two-year (2) term. There being no other
nominations Councilman Wiggins moved that nominations be closed. Seconded
by Councilman Ed Bishop. Unanimous vote was cast.
Mr. Barney Shull reported to the Mayor and Council on progress being made
by the Park and Recreation Board and Explained some revisions that the
Board would like to undertake on Stimpson Field, Mr. Shull was complimented
for the fine work being done. No other action taken at this time.
Councilman Stipes made the motion to make necessary repairs to the off-loadi.
platform and walk -ways at Fisherman's Wharf, up to twenty-five hundred
dollars ($2500.00). Seconded by Councilman Box. Motion carried unanimous.
Councilman Henry Bishop introduced Ordinance #616 to accept proposal by
Fairhope Cable T.V. for the installation and maintainance of Cable T.V. in
Fairhope. Councilman Ed Bishop moved that all rules governing the Council
which might, unless suspended, prevent the passage and adoption of the
ordinance at this meeting, be and the same are hereby suspended for the
purpose of permitting the said ordinance to be finally passed and adopted
at this meeting. Seconded by Councilman Henry Bishop. Motion carried
unanimous,
Councilman Stipes then moved for final adoption of Ordinance #616. Seconded
by Councilman Henry Bishop. Upon being put to a vote, Ordinance carried
unanimous.
(City Council minutes, April 24, 1978, pg. 3)
This being the night to open bids on a Pickup Truck for the Water and Sewer
Department the following bids were received:
Gaston Motor Co.: Four thousand, five hundred and ninety-nine dollars and
fifty cents. ($4, 599.50)
Steber Chevrolet: Four thousand, seven hundred and two dollars and eighty
four cents. ($4,702.84)
Motion by Councilman Box to accept low bid, providing they meet specifications
Seconded by Councilman Ed Bishop. Motion carried.
Mr. Moore reported that the Utilities Service will complete the painting of
Water Tank, the week of April 27, 1978, and upon completion would like to
have the final bill paid. Motion made by Councilman Box to pay Utilities
Service upon completion of tank and final inspection. Seconded by Councilman
Stipes. Motion carried.
Councilman Box made the motion to allow Policemn to work longer shifts to
help a policeman who is ill providing this will not be at overtime or cost
to the City. Seconded by Councilman Ed Bishop. Motion carried unanimous.
Motion by Councilman Stipes, seconded by Councilman Box to accept Bids on
New Pickup truck for the Meter Readers to be opened at City Council Meeting
Monday, May 10, 1978.
There being no further business, meeting adjourned.
ORDINANCE NO. 616
AN ORDINANCE
GRANTING A NON-EXCLUSIVE FRANCHISE TO FAIRHOPE CABLE TV,
INC. , ITS SUCCESSORS AND ASSIGNS, THEREBY GRANT-
ING THE RIGHT TO ERECT, OPERATE AND MAINTAIN IN, UNDER, OVER,
ALONG, ACROSS, AND UPON THE STREETS, LANES, AVENUES, SIDE-
WALKS, ALLEYS, BRIDGES, AND HIGHWAYS AND OTHER PUBLIC PLACES
IN mu CITY OF FAIRHOPE AND
SUBSEQUENT ADDITIONS THERETO, A CABLE TELEVISION SYSTEM FOR
THE PURPOSES OF TRANSMISSION AND DISTRIBUTION BY CABLE OF
M
TELEVISION SIGNALS TO ENABLE SALE OF ITS COMMUNITY ANTENNA
TELEVISION SERVICE TO THE INHABITANTS OF THE CITY OF
FAIRHOPE AND OTHER PURPOSES, FOR
A PERIOD OF THIRTY (30) YEARS, AND REGULATING THE SAME; SETTING
FORTH OTHER CONDITIONS ACCOMPANYING THE GRANT OF FRANCHISE;
AND PROVIDING PENALTIES FOR VIOLATION OF THE FRANCHISE PRO-
VISIONS.
Be It Ordained By The City Council of the City
of Fairhope, Alabama as follows:
Section 1. Short Title.
This ordinance shall be known and may be cited as the " Fairhope
Community Antenna Television Ordinance of 19 78 ."
Section 2. Grant of Authority.
In consideration of the faithful performance and observance of the
conditions and reservations hereinafter specified, the. right is hereby granted
to Fairhope Cable TV, Inc.
, a corporation organized under
the laws of the State of Alabama , its successors and
-1-
assigns, and hereinafter referred to as "the company" or "the grantee", the
right to erect, maintain, and operate television and radio transmission and
distribution facilities and additions hereto, in, under, over, along, across,
and upon the streets, lanes, avenues, sidewalks, alleys, bridges and other
public places in the City of Fairhope , and subse-
quent additions thereto, for the purpose of transmission and distribution of
audio and visual impulses and television energy in accordance with the laws
and regulations of the United States of America and the State of Alabama ,
and the ordinances and regulations of the City of Fairhope , for a
period of thirty (30) years, unless terminated earlier. The company shall, y,
at all times during the life of this franchise, be subject to all lawful exercist
of the police power by the City and to such reasonable regulation not incon-
sistent with this franchise as the city may by resolution or ordinance provide.
Section 3. Definitions.
For the purposes of this ordinance, the following terms, phrases,
words and their derivations shall have the meaning given herein. When not
inconsistent with the context, words used in the present tense include the
future, words in the plural number include the singular number, and words
in the singular number include the plural number. The word "shall" is
always mandatory and not merely directory.
(a) "City" is the City of Fairhope
(b) "Governing Body" is the governing body of the city of
Fairhope
(c) "Community Antenna Television System" hereinafter referred to
as "CATV" or "CATV system" means a system of coaxial cables or other
electrical conductors and equipment used or to be used primarily to receive
television or radio signals directly or indirectly off -the -air or to originate
.elevision or radio signals and programming and transmit them to sub-
scribers for a fee.
-2-
Section 21. City Rights In Franchise.
(a) The right is hereby reserved to the city of the City Board to
adopt, in addition to the provisions contained herein and in existing appli-
cable ordinances, such additional regulations as it shall find necessary in
the exercise of the police power; provided that such regulations, by ordi-
nance or otherwise, shall be reasonable and not in conflict with the rights
herein granted.
(b) The city shall have the right to inspect the books, records,
maps, plans, ir�eon�e t returns, and other rke rraterais of the grantee ^�
at any time during normal business hours.
(c) The city shall have the right to supervise all construction or
installation work performed subject to the provisions of this franchise and
make such inspections as it shall find necessary to insure compliance with
the terms of this franchise and other pertinent provisions of law.
(d) At the expiration of the term for which this franchise is granted
as provided for herein, the city shall have the right to require the grantee
to remove at its own expense all portions of the CATV system from all
public ways within the city.
Section 22. Payment To The City.
The grantee shall within 30 days after the close of each calendar
year pay to the city an amount equal to three per cent (37) of the annual
gross subscriber revenues as defined in Section 3 (g) during the year, for
the use of the streets and other facilities of the city in the operation of the
CATV system and for the municipal supervision thereof. This payment
shall be in addition to any other tax or payment owed to the city by the
grantee.
Section 23. Forfeiture Of Franchise.
(a) In addition to all other rights and powers pertaining to the City
by virtue of this franchise or otherwise, the city reserves the right to
terminate and cancel this franchise and all rights and privileges of the
grantee hereunder in the event that the grantee fails to begin cable service
within one and one-half (1-1/2) years from the effective date of this fran-
chise ordinance and receipt of FCC approval.
Section 24. Duration and Acceptance of Franchise.
C�
(a) This franchise and the rights, privileges, and authority hereby
granted shall take effect and be in force from and after publication hereof,
as provided by law, and shall continue in force and effect for a term of Thirty
( 30) years, provided that within thirty (30) days after the date of the publi-
cation of this ordinance the grantee shall file with the clerk of the city of
Fairhope its unconditional acceptance of this franchise and
promise to comply with and abide by all of its provisions, terms, and con-
ditions. Such acceptance and promise shall be in writing duly executed and
sworn to, by or on behalf of the grantee before a notary public or other officer
authorized by law to administer oaths.
Section 25. Erection, Removal, And Common User Of Poles.
(a) No poles or other wire -holding structures shall be erected by
the grantee without prior approval of the governing body with regard to
location, height, type and other pertinent aspects. However, no location
of any pole or wire -holding structure of the grantee shall be a vested interest
and such poles or structures shall be removed or modified by the grantee
at its own expense whenever the governing body determines that the public
convenience will be enhanced thereby.
(b) Where poles or other wire -holding structures already existing
for use in serving the city are available for use by the grantee, but it does
not make arrangements for such use, the governing body may require the
grantee to use such poles and structures if it determines that the public
convenience will be enhanced thereby and the terms of the use available
to the grantee are just and reasonable.
(c) Where the city or a public utility serving the city desires to
make use of the poles or other wire -holding structures of the grantee but
agreement therefor with the grantee cannot be reached, the governing body
may require the grantee to permit such use for such consideration and upon
such terms as the governing body, shall detexmine to be just and reasonablet>
if the governing body determines that the use will enhance the public con-
venience and will not unduly interfere with the grantee's operations or de-
prive grantee of its property without due process of law.
Section 26. System Design, Channel Uses And Access Programming
Facilities.
System design, channel uses and access programming facilities shall
in all respects comply with Federal Communication Commission Rules and
Regulations prescribing minimum standards for CATV systems serving
major markets.
Section 27. Rates.
(a) The following rates and charges are hereby authorized for ser-
vice under this franchise:
1. Initial tap -in and connection charges: $17, 50, provided
that for new service requiring an extension from grantee's existing line of
more than 500 feet grantee may, in addition to its regular installation charge,
require the subscriber to pay the actual cost of that part of the extension
which is in excess of 500 feet.
2. Monthly rates: $8.00
3. The rates provided for above shall not be changed by
grantee without prior approval of the governing body, except that after the
first two years of the term of this franchise, the charges may be in-
creased by the grantee without such approval to the extent of the percentage
increase in the cost of living as shown by the Consumer Price Index For
Services Excluding Rent as published in the Bureau of Labor Statistics,
MONTHLY LABOR REVIEW, complied by the Bureau of Labor Statistics
of the United States Department of Labor.
-12-
(b) The grantee shall receive no consideration whatever for or in
connection with its service to its subscribers other than in accordance with
this section.
(c) If in the future, the State of Alabama or the FCC
regulates the rates of the grantee for the service provided for in this fran-
chise, this section shall be of no effect during such state or federal regu-
lation to the extent of any conflict therewith.
Section 28. Separability.
If any section, subsection, sentence, clause, phrase, or portion of
this ordinance is for any reason held invalid or unconstitutional by any court'
of competent jurisdiction, such portion shall be deemed a separate, distinct,
and independent provision and such holding shall not affect the validity of the
remaining portion hereof.
Section 29. Ordinances Repealed.
All ordinances or parts of ordinances in conflict with the provisions
of this ordinance are, to the extent of the conflict, hereby repealed.
Section 30. Ordinance Effective Date.
That this Ordinance shall take effect and be in force thirty days after
its enactment and its publication in full within such period at grantee's
expense once a week for three consecutive weeks in a newspaper published
in the city.
Adopted: ,� 19
Attest:
ity Clerk Mayor
Date filed with the Mayor: `� , 19
Date approved by the Mayor: 19_.
Mai ;,r�
:��3
��
�� ��7
i��� 3608 �
.�