HomeMy WebLinkAbout03-21-2024 City Council Packet
CITY OF FAIRHOPE
CITY COUNCIL REGULAR AGENDA
Thursday, March 21, 2024 - 6:00 PM
City Council Chamber
Council Members
Jack Burrell
Corey Martin
Jimmy Conyers
Jay Robinson
Kevin G. Boone
Invocation and Pledge of Allegiance
1. Approve minutes of March 6, 2024 Regular City Council Meeting and minutes of
March 6, 2024 Work Session
2. Report of the Mayor
3. Public Participation – Agenda Items – (3 minutes maximum)
4. Council Comments
5. Final Adoption - An Ordinance amending Ordinance No. 1692; and repealing
Ordinances No. 1479, No. 1587, and No. 1595; The Rules of Procedure in all
instances for the Meetings of the City Council: Section II and Section III; specifically
the City Council Meetings. (Introduced, City Council Meeting, March 6, 2024.)
6. Ordinance - An Ordinance to adopt a Floodplain Development Ordinance for the
City of Fairhope.
7. Ordinance - Annexation - City of Fairhope property, multiple contiguous parcels in
Fairhope, Alabama: Nature Park parcel, Flying Creek Nature Reserve House
parcel, and others. PPINS: 210294, 11744, 007497, 222828, and 031457.
8. Ordinance - Annexation - City of Fairhope and Fairhope Single Tax Corporation
contiguous property - 103350 County Road 48, Fairhope, Alabama. PPINS:
211345, 248115, 248116, 257617, and 77864.
9. Resolution - That the Public Improvements indicated herein for Old Battles Village,
Phase 6, are hereby accepted for Public Maintenance subject to the Bond posted;
and authorizes Mayor Sherry Sullivan to execute the Maintenance and Guaranty
Agreement between the City of Fairhope and 68V OBV 2020, LLC.
10. Resolution - That the City Council hereby authorizes and directs Mayor Sherry
Sullivan to execute and deliver, on behalf of the City, a term sheet with the Lender
respecting the Warrant, in substantially the form attached as Exhibit A to this
Resolution.
Page 1 of 417
City Council Regular Meeting
March 21, 2024
Page - 2 -
11. Resolution - That the City Council approves and adopts the recommendation of the
Personnel Board for the reclassification of one (1) Code Enforcement Officer
APOST Certified (Grade 8), assigned to the Revenue Department, to Code
Enforcement Officer (Grade 7) with no APOST requirements while remaining
assigned to the Revenue Department.
12. Resolution – That certain items are declared surplus and the Mayor and City
Treasurer are hereby authorized and directed to dispose of personal property
owned by the City of Fairhope by one of the three methods listed on the resolution.
13. Resolution - To award (Bid No. 24-024-2021-PWI-019) to Blade Construction, LLC
for North Ingleside Drainage Repair/Improvement Project with a bid proposal not-to-
exceed $323,022.00.
14. Resolution - To award (Bid No. 24-025) for a New 15,000 GVWR Crew Cab Truck
Chassis or equivalent to Larry Puckett Chevrolet, Inc. with a bid proposal not-to-
exceed $64,493.14.
15. Resolution - To award (Bid No. 24-023) the Citywide Tree Maintenance Annual
Contract to BDG Trees, LLC for the not-to-exceed amount of $96,000.00 annually.
16. Resolution - That the City of Fairhope hereby authorizes Mayor Sherry Sullivan to
execute the proposal from Granicus for the Annual Fee of $4,850.42.
17. Resolution - That the City of Fairhope approves the procurement of Cloud PBX
VoIP System on the Purchasing Cooperative TIPS (Contract #23105) with Ambit
Solutions, that therefore, does not have to be let out for bid. The total cost not-to-
exceed $138,675.32 for three (3) years.
18. Resolution - To award (Bid No. 24-022) for Two (2) New Ford Mustang Mach E
Electric Vehicles or Equivalent to Buster Miles Ford with a bid proposal not-to-
exceed $76,324.28.
19. Resolution - That the City of Fairhope approves the procurement of a GPL 750
Standard C1D2 Gas Odorizer and the start-up and training from Ed Young Sales
Company, Inc. as the sole source. The cost will not-to-exceed $65,948.86.
20. Resolution - To award (Bid No. 24-038) to Consolidated Pipe & Supply for Pipes,
Valves and Fittings for Well No. 13 at Water Treatment Plant No. 3 with a bid
proposal not-to-exceed $79,229.00.
21. Resolution - To award (Bid No. 24-007) Utility Right of Way Clearing and
Vegetation Management to Tree Professional, Inc. with a bid proposal not-to-
exceed $461,650.00 annually.
Page 2 of 417
City Council Regular Meeting
March 21, 2024
Page - 3 -
22. Resolution - That the City Council approves the Selection by Mayor Sherry Sullivan
for (RFQ PS24-017) Professional Consulting Services to conduct a Market
Feasibility Study for the Fairhope Docks Marina to US Marina Group; and allow
Mayor Sherry Sullivan to negotiate the not-to-exceed fee to be approved by
Council.
23. Request - Molly Spain, President, Baldwin County Trailblazers requests permission
to use the sidewalks and grassy area of Utopia Park for a Baldwin County
Trailblazers event: “4th Annual Chalk the Trail” on Saturday, April 20, 2024, from
12:00 – 5:00 p.m. with an alternate rain date of Sunday, April 21, 2024, from 12:00
– 5:00 p.m. Also requesting the use of Orange Street Pier segment with hopes to
have a juried event at Utopia Park and a non-juried event at Orange Street Pier with
the parking lot blocked for use of activities for the Chalk the Trail event. This event
raises awareness as well as funds for the Baldwin County Trailblazers.
24. Public Participation – (3 minutes maximum)
25. Adjourn
Next Regular Meeting - Monday, April 8, 2024 - Same Time Same Place
Page 3 of 417
CITY OF FAIRHOPE
AGENDA MEMORANDUM Item ID: 2024-83
FROM: Lisa Hanks, CITY CLERK
SUBJECT: Minutes of March 6, 2024 Regular City Council Meeting and minutes
of March 6, 2024 Work Session
AGENDA
DATE:
March 21, 2024
RECOMMENDED ACTION:
Approve minutes of March 6, 2024 Regular City Council Meeting and minutes of March
6, 2024 Work Session
BACKGROUND INFORMATION:
BUDGET IMPACT/FUNDING SOURCE:
Account No. Account Title Current Budget Cost Available
Budget
$___ $___ ($____)
GRANT:
LEGAL IMPACT:
FOLLOW UP IMPLEMENTATION:
For time-sensitive follow up, select deadline date for follow up:
Individual(s) responsible for follow up:
Action required (list contact persons/addresses if documents are to be mailed or
emailed):
Page 4 of 417
STATE OF ALABAMA )(
:
COUNTY OF BALDWIN )(
The City Council, City of Fairhope, met in regular session at
6:00 p.m., Fairhope Municipal Complex Council Chamber,
161 North Section Street, Fairhope, Alabama 36532, on
Wednesday, 6 March 2024.
Present were Council President Corey Martin, Councilmembers: Jack Burrell,
Jimmy Conyers, Jay Robinson, and Kevin Boone. Mayor Sherry Sullivan, City
Attorney Marcus E. McDowell, and City Clerk Lisa A. Hanks.
There being a quorum present, Council President Martin called the meeting to
order. The invocation was given by Mike Megginson of 3 Circle Church and the
Pledge of Allegiance was recited. Councilmember Robinson moved to approve
minutes of the 26 February 2024, regular meeting; and minutes of the 26 February
2024, work session. Seconded by Councilmember Conyers, motion passed
unanimously by voice vote.
Mayor Sullivan addressed the City Council and reminded everyone about Arts
and Crafts Festival next weekend. She thanked the volunteers and staff for their hard
work with the Festival.
Councilmember Burrell said the Arts and Crafts Festival is one of his favorite
events that the City of Fairhope holds. He too thanked everyone for their work with
the Festival.
Councilmember Robinson announced that next Saturday is Opening Day for
baseball and softball unless it is rained out. He said then Opening Day would be
Sunday.
Councilmember Conyers moved for final adoption of Ordinance No. 1792, an
ordinance to annex the property of JVN Holdings, LLC located at 18060 Greeno
Road, Fairhope, Alabama. Tax Parcel 46-08-28-0-000-020.002 (PIN Number
348043); containing 2.20 acres, more or less. (Introduced, City Council Meeting,
February 26, 2024) Seconded by Councilmember Robinson, motion for final adoption
passed by the following voice votes: AYE – Burrell, Martin, Conyers, Robinson, and
Boone. NAY - None.
Councilmember Conyers introduced in writing an ordinance amending
Ordinance No. 1692; and repealing Ordinances No. 1479, No. 1587, and No. 1595;
The Rules of Procedure in all instances for the Meetings of the City Council: Section
II and Section III; specifically the City Council Meetings. Due to lack of a motion for
immediate consideration, this ordinance will layover until the March 21, 2024 City
Council meeting.
Page 5 of 417
6 March 2024
Councilmember Burrell introduced in writing, and moved for the adoption of
the following resolution, a resolution that the public improvements indicated herein
for Old Battles Village, Phase 4B are hereby accepted for public maintenance subject
to the bond posted; and authorizes Mayor Sherry Sullivan to execute the Maintenance
and Guaranty Agreement between the City of Fairhope and 68V OBV 2020, LLC.
Seconded by Councilmember Conyers, motion passed unanimously by voice vote.
RESOLUTION NO. 5005-24
WHEREAS, the Owners of Old Battles Village, Phase Four-B desire to have all public
streets and public right-of-ways dedicated on the plat filed for record in the Probate Records
of Baldwin County, Alabama, on Slide 2817-D, and all Fairhope public utilities located in
public right-of-ways accepted for maintenance by the City of Fairhope, Alabama, and;
WHEREAS, the City of Fairhope, Alabama, has received notice from the engineers of the
project that the design and capacity of the public improvements have been designed in
conformance with City requirements, and;
WHEREAS, the Public Works Director has indicated that the improvements meet City
requirements, and;
WHEREAS, the City of Fairhope, Alabama, has received from the owners of Old Battles
Village, Phase Four-B, maintenance bonds for the public improvements constructed for a
period of 1 year, and;
NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FAIRHOPE, ALABAMA that the public improvements indicated herein for Old Battles
Village, Phase Four-B are hereby accepted for public maintenance subject to the bond posted
by the “Subdivider;” and authorizes Mayor Sherry Sullivan to execute the Maintenance and
Guaranty Agreement between the City of Fairhope and 68V OBV 2020, LLC (the
“Subdivider”).
BE IT FURTHER RESOLVED this resolution of acceptance shall not obligate the City of
Fairhope to maintain any utility or drainage facilities outside the limits of the right-of-way of
the public streets, whether or not such may be located within dedicated easements in any of
these developments.
Adopted, this 6th day of March 2024
_______________________________
Corey Martin, Council President
Attest:
______________________________
Lisa A. Hanks, MMC
City Clerk
Page 6 of 417
6 March 2024
Councilmember Robinson introduced in writing, and moved for the adoption
of the following resolution, a resolution that the City Council hereby authorizes
Mayor Sherry Sullivan to execute an Agreement between the Baldwin County
Commission, Rockwell, LLC, Encounter Development LLC and the City of Fairhope
to allow Final Plat approval so that portions of a Subdivision, known as Rockwell
Place, may annex into the City of Fairhope. Seconded by Councilmember Boone,
motion passed unanimously by voice vote.
RESOLUTION NO. 5006-24
BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF
FAIRHOPE, ALABAMA, that the City Council hereby approves and authorizes
Mayor Sherry Sullivan to execute an Agreement with the Baldwin County
Commission, Rockwell, LLC, Encounter Development LLC and City of Fairhope to
allow Final Plat approval so that portions of a Subdivision, known as Rockwell Place,
may annex into the City of Fairhope.
ADOPTED ON THIS 6TH DAY OF MARCH 2024
___________________________
Corey Martin, Council President
Attest:
_____________________________
Lisa A. Hanks, MMC
City Clerk
Councilmember Boone introduced in writing, and moved for the adoption of
the following resolution, a resolution that the Mayor is hereby authorized to sign and
execute any necessary and appropriate documents, including grant applications and
grant agreements, so that the City of Fairhope and Fairhope Airport Authority can
receive the grant funding described above, acting for and in behalf of the H. L.
“Sonny” Callahan Airport in Fairhope, Alabama so that the grant applications for this
AIP funding opportunity may be finalized, approved, and accepted in accordance with
applicable law and procedures. Seconded by Councilmember Conyers, motion passed
unanimously by voice vote.
Page 7 of 417
6 March 2024
RESOLUTION NO. 5007-24
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FAIRHOPE,
ALABAMA, APPROVING AND AUTHORIZING THE CITY TO APPLY
FOR AND ENTER INTO A GRANT AGREEMENT WITH THE
FEDERAL AVIATION ADMINISTRATION FOR THE BENEFIT OF
FAIRHOPE AIRPORT AUTHORITY AND THE FAIRHOPE AIRPORT
WHEREAS, the United States of America acting through the Federal Aviation
Administration has offered to pay an amount not to exceed $150,000.00, together with
matching funds from the Alabama Department of Transportation in the amount of $8,334.00,
for the 2024 AIP Funding Opportunity, with the overall scope of the projects being
reimbursement for land acquisition;
WHEREAS this offer of the Federal Aviation Administration and the Alabama Department
of Transportation is contingent upon the sponsor's acceptance of the grant in accordance with
its terms, namely and including, among others, the “Airport Sponsor Assurances” included as
part of the Grant Agreements;
WHEREAS, the City of Fairhope continues as a sponsor of the H. L. “Sonny” Callahan
Airport due in part to a funding agreement between the City and Fairhope Airport Authority
related to a portion of the H. L. “Sonny” Callahan Airport property; and
WHEREAS, the City, as airport sponsor, desires to apply for and to accept the AIP Funding
Opportunity for the benefit of Fairhope Airport Authority and the Airport.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Fairhope, in
a regular meeting of the City Council, that the Mayor is hereby authorized to sign and execute
any necessary and appropriate documents, including grant applications and grant agreements,
so that the City of Fairhope and Fairhope Airport Authority can receive the grant funding
described above, acting for and in behalf of the H. L. “Sonny” Callahan Airport in Fairhope,
Alabama so that the grant applications for this AIP funding opportunity may be finalized,
approved, and accepted in accordance with applicable law and procedures.
Adopted this the 6th day of March 2024
________________________________
Corey Martin, Council President
ATTEST:
_______________________________
Lisa A. Hanks, MMC
City Clerk
Page 8 of 417
6 March 2024
Councilmember Robinson introduced in writing, and moved for the adoption
of the following resolution, a resolution that the City of Fairhope hereby accepts the
Gulf of Mexico Energy and Securities Act (GOMESA) grant award of $620,000.00
for Shoreline Restoration at Magnolia Beach; and authorizes Mayor Sherry Sullivan
to sign all required grant documents on behalf of the City. Seconded by
Councilmember Boone, motion passed unanimously by voice vote.
RESOLUTION NO. 5008-24
AUTHORIZING THE EXECUTION OF A GOMESA GRANT
AGREEMENT WITH THE ALABAMA DEPARTMENT
OF CONSERVATION AND NATURAL RESOURCES FOR THE
MAGNOLIA BEACH SHORELINE RESTORATION
WHEREAS, the City of Fairhope was recently awarded a Gulf of Mexico Energy Security
Act of 2006 (GOMESA) Grant (No. G-CFMB/23/CF) with the Agreement by and between
the State of Alabama Department of Conservation and Natural Resources (ADCNR) for the
Magnolia Beach Shoreline Restoration; and
WHEREAS, the total estimated project cost is $700,000.00, of which the grant amount is a
not-to-exceed amount of $620,000.00 to allow satisfactory completion of all Project Services
following the execution of this Agreement; and
WHEREAS, the City of Fairhope warrants and represents that it will use the GOMESA
funds provided under this Agreement in accordance with approved GOMESA and consistent
with all applicable stated and federal laws; and
WHEREAS, City Staff will provide oversight of the project which shall begin on the date of
the Mayor’s signature and end in approximately 24 months;
BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE,
ALABAMA, that City Council authorizes acceptance of the GOMESA Grant award from
ADCNR and authorizes the Mayor to sign the Grant Agreement and other grant related
documents on behalf of the City.
DULY ADOPTED THIS 6TH DAY OF MARCH 2024
_________________________________
Corey Martin, Council President
ATTEST:
________________________________
Lisa A. Hanks, MMC
City Clerk
Page 9 of 417
6 March 2024
Councilmember Conyers introduced in writing, and moved for the adoption of
the following resolution, a resolution that Mayor Sherry Sullivan is hereby authorized
to execute the Warranty Deed from the City of Fairhope to Fairhope Single Tax
Corporation for the property described in said Warranty Deed less the "Encroachment
Note-2”. Seconded by Councilmember Robinson, motion passed unanimously by
voice vote.
RESOLUTION NO. 5009-24
WHEREAS, Fairhope Single Tax Corporation and the City of Fairhope entered into a
Reversionary Warranty Deed filed of record March 19, 1973, in Book 442, Page 465, wherein
FSTC deeded to Fairhope, subject to a reversionary clause, the following described real property
situated in Baldwin County, Alabama, to-wit:
All of Lot 1-A, according to the replat of Block 15, Division 1, and Block 30,
Division 2, lands of the Fairhope Single Tax Corporation, as recorded in Map
Book 8, Page 60, Slide 715-B, in the Office of the Judge of Probate, Baldwin
County, Alabama, Frac’l Section 18, T6S, R2E, Baldwin County, Alabama.
WHEREAS, That conveyance was made upon the express condition subsequent that in the event
that the above described property shall be abandoned or no longer used by the Fairhope as an
electrical substation in connection with its electrical distribution system that the title to the above
described property shall thereupon immediately revert back to the Fairhope Single Tax
Corporation, its successors or assigns.
WHEREAS, That conveyance contained an “Encroachment Note-2” upon the Morphy Avenue
right-of-way that would continue to exist until such time as the site is no longer used as an
electrical substation, at which time the area shown as an encroachment upon the Morphy Avenue
right-of-way would become a part of said right-of-way as platted thereon.
WHEREAS, Fairhope has abandoned and no longer uses the above described property as an
electrical substation in connection with its electrical distribution system.
NOW THEREFORE BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF
FAIRHOPE, That Mayor Sherry Sullivan is hereby authorized to execute the Warranty Deed
from the City of Fairhope to Fairhope Single Tax Corporation for the property described in said
Wa rranty Deed less the “Encroachment Note-2.”
Adopted on this 6th day of March 2024
_________________________________
Corey Martin, Council President
Attest:
_______________________________
Lisa A. Hanks, MMC
City Clerk
Page 10 of 417
6 March 2024
Councilmember Boone introduced in writing, and moved for the adoption of
the following resolution, a resolution that the City of Fairhope does hereby grant and
convey unto itself certain dedicated right of way easements on the Flying Creek
Nature Preserve. Said conveyances are for a public purpose, constitute approximately
0.09 and 0.01 total acres and have no impact on park usage. Seconded by
Councilmember Conyers, motion passed unanimously by voice vote.
RESOLUTION NO. 5010-24
BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF
FAIRHOPE, ALABAMA, as follows:
[1] That the City Council approves the selection of Thompson
Engineering/Watermark Design for (RFQ PS24-015) Master Planning Services for
the South Tract of the Flying Creek Nature Preserve – Off-Road Bicycling Facilities
and Amenities; and hereby authorizes Mayor Sherry Sullivan to negotiate the fee
schedule.
DULY ADOPTED THIS 6TH DAY OF MARCH 2024
_______________________________
Corey Martin, Council President
Attest:
_____________________________
Lisa A. Hanks, MMC
City Clerk
Councilmember Conyers introduced in writing, and moved for the adoption of
the following resolution, a resolution that the City Council approves the selection by
Mayor Sherry Sullivan for Professional Engineering and Architectural Services for
(RFQ PS24-015) Master Planning Services for the South Tract of the Flying Creek
Nature Preserve - Off-Road Bicycling Facilities and Amenities to Thompson
Engineering/Watermark Design; and allow Mayor Sullivan to negotiate the not-to-
exceed fee to be approved by Council. Seconded by Councilmember Robinson,
motion passed unanimously by voice vote.
Page 11 of 417
6 March 2024
RESOLUTION NO. 5011-24
BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF
FAIRHOPE, ALABAMA, as follows:
[1] That the City Council approves the selection of Thompson
Engineering/Watermark Design for (RFQ PS24-015) Master Planning Services for
the South Tract of the Flying Creek Nature Preserve – Off-Road Bicycling Facilities
and Amenities; and hereby authorizes Mayor Sherry Sullivan to negotiate the fee
schedule.
DULY ADOPTED THIS 6TH DAY OF MARCH 2024
_______________________________
Corey Martin, Council President
Attest:
_____________________________
Lisa A. Hanks, MMC
City Clerk
Councilmember Burrell introduced in writing, and moved for the adoption of
the following resolution, a resolution to Award (Bid No. 24-026) to Xtreme Golf
Management for Greens Drainage Project at Quail Creek Golf Course with a bid
proposal not-to-exceed $115,000.00. Seconded by Councilmember Conyers, motion
passed unanimously by voice vote. Councilmember Burrell said just because it is
under budget, the Department does not have an additional $15,000.00 to spend.
*
*
*
Page 12 of 417
6 March 2024
RESOLUTION NO. 5012-24
BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF
FAIRHOPE, ALABAMA, as follows:
[1] That the City of Fairhope did request, receive, and open bids to procure services
for (Bid No. 24-026) for Greens Drainage Project at Quail Creek Golf Course at 555
South Section Street at the City of Fairhope offices, Fairhope, Alabama.
[2] At the appointed time and place, on bid was received and tabulated as follows:
Xtreme Golf Management $115,000.00
[3] After evaluating the bid with required specifications, Xtreme Golf Management is
now awarded (Bid No. 24-026) for Greens Drainage Project at Quail Creek Golf
Course with a bid proposal not-to-exceed $115,000.00.
DULY ADOPTED THIS 6TH DAY OF MARCH 2024
_______________________________
Corey Martin, Council President
Attest:
_____________________________
Lisa A. Hanks, MMC
City Clerk
Councilmember Robinson introduced in writing, and moved for the adoption
of the following resolution, a resolution that the City of Fairhope approves the
renewal of the Motorola Astro System Advanced Plus Package for the Police
Department from Motorola Solutions as Sole Source; and authorizes procurement
based on the option allowed by the Code of Alabama 1975, Section 41-16-51(13).
The cost will not-to-exceed $33,330.48. Seconded by Councilmember Conyers,
motion passed unanimously by voice vote.
*
*
Page 13 of 417
6 March 2024
RESOLUTION NO. 5013-24
BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF
FAIRHOPE, ALABAMA, as follows:
[1] That the City of Fairhope approves the procurement of the renewal of the
Motorola Astro System Advanced Plus Package for the Police Department from
Motorola Solutions for a not-to-exceed cost of $33,330.48.
[2] Service Agreement includes the System Upgrade Agreement II, the ASTRO SUA
II Field Implementation Service, and the ASTRO System Advanced Plus Package.
[3] This equipment is exempt from formal bidding per Code of Alabama 1975,
Section 41-16-57(b)(1). Motorola Solutions is the Sole Source provider.
ADOPTED ON THIS 6TH DAY OF MARCH 2024
_________________________________
Corey Martin, Council President
Attest:
_______________________________
Lisa A. Hanks, MMC
City Clerk
Councilmember Burrell moved to grant the request of Chad Clark, Event
Coordinator, The Fairhope Rotary Club Foundation requests approval of the
"Fairhope Rotary Club Steak Cook-Off" on May 11, 2024 for street closures on
Bancroft Street, between Fairhope Avenue and Morphy Avenue, and Johnson Avenue
between Section Street and Bancroft Street; event from 12:00 p.m. to midnight; and
approval to allow alcohol on City streets contingent upon ABC License and approval.
Seconded by Councilmember Conyers, motion passed unanimously by voice vote.
Councilmember Burrell moved to adjourn the meeting. Seconded by
Councilmember Conyers, motion passed unanimously by voice vote.
Page 14 of 417
6 March 2024
There being no further business to come before the City Council, the meeting
was duly adjourned at 6:22 p.m.
Corey Martin, Council President
________________________________
Lisa A. Hanks, MMC
City Clerk
Page 15 of 417
STATE OF ALABAMA ) (
:
COUNTY OF BALDWIN ) (
The City Council met in a Work Session
at 4:30 p.m., Fairhope Municipal Complex Council Chamber,
161 North Section Street, Fairhope, Alabama 36532,
on Wednesday, 6 March 2024.
Present were Council President Corey Martin, Councilmembers: Jack Burrell
(arrived at 4:59 p.m.), Jimmy Conyers (arrived at 4:50 p.m.), Jay Robinson, and
Kevin Boone, Mayor Sherry Sullivan, and City Clerk Lisa A. Hanks. City Attorney
Marcus McDowell was absent.
Council President Martin called the meeting to order at 4:30 p.m. and said he
would like for the Executive Session to be moved after the Work Session.
Councilmember Boone moved to add the Executive Session at the end of the
Work Session meeting. Seconded by Councilmember Robinson, motion passed
unanimously by voice vote.
The following topics were discussed:
• The first item on the Agenda was the Presentation by Principal Christina Stacey of
Fairhope East Elementary School. Ms. Stacey showed a video of how the 3 mil tax
proceeds were used at her school. She thanked the City Council for helping the
schools get the 3-mil tax. Ms. Stacey mentioned the ELL Interventionist for the
Hispanic students, AV Studio, and the school grade of 95.
• The next item on the Agenda was the Discussion of the 2024 Flood Damage
Prevention Ordinance by Erik Cortinas. He briefly went over the highlights and
changes of the current ordinance; and said there would be a Public Hearing when this
ordinance gets introduced.
• Councilmember Robinson mentioned the Historic Preservation Commission
ordinance.
• Human Resources Director Hannah Noonan addressed the City Council and gave an
update on her department; i.e., Safety, NeoGov, and Performance Evaluation
Training.
• City Engineer Richard Johnson addressed the City Council regarding Agenda Items
No. 10, No. 12, and No. 13; and answered any questions if needed. He also gave a
Flying Creek Nature Preserve update.
• Planning Director Hunter Simmons addressed the City Council regarding Agenda
Items No. 7 and No. 8; and answered any questions if needed.
• IT Director Jeff Montgomery addressed the City Council regarding Agenda Item No.
15; and answered any questions if needed.
Page 16 of 417
Wednesday, 6 March 2024
Page -2-
• Golf Grounds Manager Tomm Johnson addressed the City Council regarding Agenda
Item No. 14; and answered any questions if needed.
• Mayor Sherry Sullivan addressed the City Council regarding Agenda Item No. 11;
and answered any questions if needed.
• Council President Corey Martin addressed the City Council regarding Agenda Item
No. 6; and answered any questions if needed.
• Councilmember Jack Burrell addressed the City Council regarding Agenda Item No.
9; and answered any questions if needed.
At the request of the City Attorney Marcus E. McDowell and Attorney
Christopher Williams, the City Council will rise from the meeting to go into
Executive Session based on Alabama Code § 36-25A-7(a)(3) to discuss the legal
ramifications of and legal options for pending litigation, controversies not yet being
litigated but imminently likely to be litigated or imminently likely to be litigated if the
governmental body pursues a proposed course of action. The approximate time to be
in Executive Session is 40 minutes. Councilmember Burrell moved to go into
Executive Session. Seconded by Councilmember Boone, motion passed unanimously
by voice vote.
Exited the dais at 5:39 p.m. Returned at 6:00 p.m.
There being no further business to come before the City Council, the meeting was
duly adjourned at 6:00 p.m.
_________________________________
Corey Martin, Council President
________________________________
Lisa A. Hanks, MMC
City Clerk
Page 17 of 417
CITY OF FAIRHOPE
AGENDA MEMORANDUM Item ID: 2024-289
FROM:Corey Martin, COUNCIL PRESIDENT
SUBJECT:An Ordinance amending Ordinance No. 1692; and repealing
Ordinances No. 1479, No. 1587, and No. 1595; The Rules of
Procedure in all instances for the Meetings of the City Council:
Section II and Section III: specifically, the City Council Meetings.
AGENDA
DATE:
March 21, 2024
RECOMMENDED ACTION:
Adopt the Ordinance amending Ordinance No. 1692; and repealing Ordinances No.
1479, No. 1587, and No. 1595; The Rules of Procedure in all instances for the Meetings
of the City Council: Section II and Section III; specifically, the City Council Meetings.
BACKGROUND INFORMATION:
Council President Martin requested language put in the Ordinance that the Regular
Meetings of the Council shall be held on the 2nd and 4th Monday nights of each month
immediately following the Work Session, unless rescheduled and announced otherwise.
For example, if a Public Hearing is on the agenda, the meetings will be held at 6:00 p.m.
as advertised.
BUDGET IMPACT/FUNDING SOURCE:
Account No.Account Title Current Budget Cost Available
Budget
$___$___($____)
GRANT:
LEGAL IMPACT:
FOLLOW UP IMPLEMENTATION:
For time-sensitive follow up, select deadline date for follow up:
Individual(s) responsible for follow up:
Action required (list contact persons/addresses if documents are to be mailed or
emailed):
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ORDINANCE NO. _____
AN ORDINANCE AMENDING ORDINANCE NO. 1692; AND
REPEALING ORDINANCES NO. 1479, NO. 1587, AND NO. 1595:
THE RULES OF PROCEDURE IN ALL INSTANCES
FOR MEETINGS OF THE CITY COUNCIL
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAIRHOPE,
ALABAMA that the Order Procedure in all instances for meetings of the City Council shall
be as follows:
The ordinance known as the City of Fairhope’s Council Procedures Ordinance (No. 1692),
adopted 2 November 2020, is hereby amended in respect to the certain sections below and
all other sections within this ordinance remain as written, adopted, and codified:
AMENDING SECTION II:
Regular Meetings of the Council shall be held on the 2nd and 4th Monday nights of each
month immediately following the Work Session unless prescheduled and announced
otherwise.
AMENDING SECTION III:
A Work Session of the Council shall be held on the 2nd and 4th Monday nights of each
month at 4:30 p.m. unless prescheduled and announced otherwise.
Severability. The sections, paragraphs, sentences, clauses and phrases of this ordinance are
severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be
declared unconstitutional by a court of competent jurisdiction, then such ruling shall not
affect any other paragraphs and sections, since the same would have been enacted by the
municipality council without the incorporation of any such unconstitutional phrase, clause,
sentence, paragraph or section.
Effective Date. This ordinance shall take effect upon its due adoption and publication as
required by law.
APPROVED AND ADOPTED THIS 21ST DAY OF MARCH 2024
________________________________
Corey Martin, Council President
ATTEST:
_______________________________
Lisa A. Hanks, MMC
City Clerk
APPROVED AND ADOPTED THIS 21ST DAY OF MARCH 2024
________________________________
Sherry Sullivan, Mayor
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CITY OF FAIRHOPE
AGENDA MEMORANDUM Item ID: 2024-292
FROM: Erik Cortinas, BUILDING OFFICIAL
SUBJECT: Floodplain Development Ordinance for the City of Fairhope
AGENDA
DATE:
March 21, 2024
RECOMMENDED ACTION:
Adopt the Floodplain Development Ordinance to comply with FEMA mandate for all
communities to adopt an updated ordinance. I am requesting immediate consideration
if possible.
BACKGROUND INFORMATION:
BUDGET IMPACT/FUNDING SOURCE:
Account No. Account Title Current Budget Cost Available
Budget
$___ $___ ($____)
GRANT:
LEGAL IMPACT:
FOLLOW UP IMPLEMENTATION:
For time-sensitive follow up, select deadline date for follow up:
Individual(s) responsible for follow up:
Action required (list contact persons/addresses if documents are to be mailed or
emailed):
Page 20 of 417
City of Fairhope, Alabama
FLOODPLAIN DEVELOPMENT ORDINANCE
{ADOPTION DATE}
Prepared by:
Steven E. Cortinas
Building Official / Floodplain Administrator
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TABLE OF CONTENTS
PAGE
ARTICLE 1 STATUTORY AUTHORIZATION, FINDINGS OF FACT, PURPOSE &
OBJECTIVES ...................................................................................................3
SECTION A: STATUTORY AUTHORIZATION..............................................................3
SECTION B: FINDINGS OF FACT...............................................................................3
SECTION C: STATEMENT OF PURPOSE....................................................................3
SECTION D: OBJECTIVES...........................................................................................4
ARTICLE 2 GENERAL PROVISIONS ..................................................................................4
SECTION A: LANDS TO WHICH THIS ORDINANCE APPLIES......................................4
SECTION B: BASIS FOR SPECIAL FLOOD HAZARD AREAS.........................................4
SECTION C: ESTABLISHMENT OF FLOODPLAIN DEVELOPMENT PERMIT.................5
SECTION D: COMPLIANCE.......................................................................................5
SECTION E: ABROGATION AND GREATER RESTRICTIONS .......................................5
SECTION F: INTERPRETATION..................................................................................5
SECTION G: WARNING AND DISCLAIMER OF LIABILITY...........................................5
SECTION H: PENALTIES FOR VIOLATION .................................................................5
SECTION I: SAVINGS CLAUSE...................................................................................8
ARTICLE 3 ADMINISTRATION ........................................................................................9
SECTION A: DESIGNATION OF FLOODPLAIN ADMINISTRATOR...............................9
SECTION B: PERMIT PROCEDURES..........................................................................9
SECTION C: DUTIES AND RESPONSIBILITIES OF THE FLOODPLAIN
ADMINISTRATOR.............................................................................11
ARTICLE 4 PROVISIONS FOR FLOOD HAZARD REDUCTION ...........................................15
SECTION A: GENERAL STANDARDS .........................................................................15
SECTION B: SPECIFIC TECHNICAL STANDARDS........................................................16
SECTION C: FLOODWAYS.........................................................................................23
SECTION D: BUILDING STANDARDS FOR STREAMS WITHOUT ESTABLISHED
BASE FLOOD ELEVATIONS................................................................24
SECTION E: STANDARDS FOR AREAS OF SHALLOW FLOODING ..............................25
SECTION F: STANDARDS FOR COASTAL HIGH HAZARD AREAS (V-ZONES)..............26
SECTION G: STANDARDS FOR SUBDIVISIONS AND OTHER DEVELOPMENT............28
SECTION H: CRITICAL FACILITIES .............................................................................28
ARTICLE 5 VARIANCE PROCEDURES ..............................................................................29
SECTION A: DESIGNATION OF VARIANCE AND APPEALS BOARD............................29
SECTION B: DUTIES OF BOARD................................................................................29
SECTION C: CONDITIONS FOR VARIANCES..............................................................29
SECTION D: VARIANCE PROCEDURES......................................................................30
SECTION E: VARIANCES FOR HISTORIC STRUCTURES..............................................31
SECTION F: VARIANCE NOTIFICATION AND RECORDS ............................................31
ARTICLE 6 DEFINITIONS .................................................................................................32
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ARTICLE 7 LEGAL STATUS PROVISIONS .........................................................................45
SECTION A: SEVERABILITY .............................................................................45
SECTION B: ENFORCABILITY OF ORDINANCE AND FUTURE REVISIONS..............45
SECTION C: EFFECTIVE DATE .........................................................................45
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FLOODPLAIN DEVELOPMENT ORDINANCE
THE CITY OF FAIRHOPE, ALABAMA
ORDINANCE NO. ______
ARTICLE 1
STATUTORY AUTHORIZATION, FINDINGS OF
FACT, PURPOSE, AND OBJECTIVES
The National Flood Insurance Program (NFIP) is managed by the Federal Emergency Management
Agency (FEMA). Communities are not required to participate in the program by any law or
regulation, but instead participate voluntarily in order to obtain access to NFIP flood insurance.
Communities that choose to participate in the NFIP are required to adopt and enforce a floodplain
development ordinance with land use and control measures that include effective enforcement
provisions to regulate development in the floodplain resulting in reduced future flood losses.
FEMA has set forth in federal regulations the minimum standards required for participation in the
NFIP; however, these standards have the force of law only because they are adopted and enforced
by a state or local government; referred to as a NFIP community. Legal enforcement of the
floodplain management standards is the responsibility of the participating NFIP community, which
can elect to adopt higher standards as a means of mitigating flood risk. The City of Fairhope,
Alabama agrees to adopt and enforce this Ordinance, which meets or exceeds the minimum
standards of the Code of Federal Regulations Title 44 §60.3 in order to participate in the NFIP and
have access to federal flood insurance and other federal assistance.
SECTION A STATUTORY AUTHORIZATION
The Legislature of the State of Alabama has in Title 11, Chapter 19, Sections 1-24; Chapter 45,
Sections 1-11; Chapter 52, Sections 1-84; and Title 41, Chapter 9, Section 166 of the Code of
Alabama, 1975, authorized local government units to adopt regulations designed to promote the
public health, safety, and general welfare of its citizenry. Therefore, the City Council of Fairhope,
Alabama, does ordain as follows:
SECTION B FINDINGS OF FACT
(1)The flood hazard areas of The City of Fairhope, Alabama, (the Federal Emergency
Management Agency’s [FEMA] designated Special Flood Hazard Areas (SFHAs) or other
areas designated by The City of Fairhope, Alabama as flood-prone areas) are subject to
periodic inundation which may result in loss of life and property, health and safety hazards,
disruption of commerce and governmental services, extraordinary public expenditures for
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flood relief and protection, and impairment of the tax base, all of which adversely affect
public health, safety, and general welfare.
(2)These flood losses are caused most often by development, as defined in this Ordinance, in
areas designated as FEMA SFHAs or other areas designated by The City of Fairhope,
Alabama as vulnerable to flooding, including structures which are inadequately elevated or
floodproofed (only non-residential structures) or are otherwise unprotected from flood
damages; or by the cumulative effect of development in areas subject to flooding that
cause increases in flood heights and velocities.
SECTION C STATEMENT OF PURPOSE
It is the purpose of this Ordinance to promote the public health, safety, and general welfare
and to minimize public and private losses due to flood conditions in specific areas by
provisions designed to:
(1)Require that uses vulnerable to floods, including facilities which serve such uses, be
protected against flood damage at the time of initial construction.
(2)Restrict or prohibit uses which are dangerous to health, safety, and property due to water
or erosion hazards, or which increase flood heights, velocities, or erosion.
(3)Control development (including filling, grading, paving, dredging, and all other
development as defined in this Ordinance).
(4)Prevent or regulate the construction of flood barriers which will unnaturally divert flood
waters, or which may increase flood hazards to other lands.
(5)Control the alteration of natural floodplains, stream channels, and natural protective
barriers which may influence the flow of water.
SECTION D OBJECTIVES
The objectives of this Ordinance are to:
(1)Protect human life and health;
(2)Minimize damage to public facilities and utilities such as water and gas mains, electric,
telephone and sewer lines, streets and bridges located in floodplains;
(3)Help maintain a stable tax base by providing for the sound use and development of flood-
prone areas in such a manner as to minimize flood blight areas;
(4)Minimize expenditure of public money for costly flood control projects;
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(5)Minimize the need for rescue and relief efforts associated with flooding and generally
undertaken at the expense of the general public;
(6)Minimize prolonged business interruptions; and
(7)When asked for assistance regarding flood risk, ensure that potential home buyers are
aware that a property is in an area subject to flooding.
ARTICLE 2
GENERAL PROVISIONS
SECTION A LANDS TO WHICH THIS ORDINANCE APPLIES
This Ordinance shall apply to all FEMA SFHAs and any additional areas designated by The City of
Fairhope, Alabama as floodplains or areas subject to flooding within the jurisdiction of The City of
Fairhope, Alabama, Alabama.
SECTION B BASIS FOR SPECIAL FLOOD HAZARD AREAS
The SFHAs identified by FEMA in Baldwin County’s Flood Insurance Study (FIS), dated April 9, 2019
with accompanying Flood Insurance Rate Maps (FIRMs) and other supporting data and any
revision thereto, are adopted by reference and declared a part of this Ordinance. For those lands
acquired by a municipality through annexation, the current effective FIS and data for Baldwin
County are hereby adopted by reference. Community Flood Hazard Areas may also be regulated
as SFHAs. FEMA encourages communities to adopt areas prone to flooding to be added to the
FIRMs.
They may include those areas known to have flooded historically or that have been defined
through standard engineering analysis by a professional engineer, licensed to practice in the State
of Alabama; or by governmental agencies or private organizations that are not yet incorporated
into the FIS or otherwise designated by the community.
When Preliminary Flood Insurance Studies and Flood Insurance Rate Maps have been provided by
FEMA to The City of Fairhope, Alabama:
(1)Prior to the issuance of a Letter of Final Determination by FEMA, the use of the
preliminary flood hazard data shall only be required where no BFEs and/or floodway
areas exist or where the preliminary BFEs or floodway area exceed the BFEs and/or
floodway widths in the effective flood hazard data provided by FEMA. Such preliminary
data may be subject to revision through valid appeals.
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(2)Upon the issuance of a Letter of Final Determination (LFD) by FEMA, the revised flood
hazard data shall be used and replace all previously effective flood hazard data provided
by FEMA for the purposes of administrating these regulations.
Where adopted regulatory standards conflict, the more stringent BFE shall prevail. Preliminary FIS
data may be subject to change by a valid appeal.
SECTION C: ESTABLISHMENT OF A FLOODPLAIN DEVELOPMENT PERMIT
A Development Permit shall be required in conformance with the provisions of this Ordinance
PRIOR to the commencement of any development, as defined in this Ordinance, in identified
SFHAs and any additional identified Community Flood Hazard Areas within the community.
SECTION D. COMPLIANCE
No structure or land shall hereafter be located, extended, converted or altered without full
compliance with the terms of this Ordinance and other applicable regulations.
SECTION E. ABROGATION AND GREATER RESTRICTIONS
This Ordinance is not intended to repeal, abrogate, or impair any existing ordinance, easements,
covenants, or deed restrictions. However, where this Ordinance and another conflict or overlap,
whichever imposes the more stringent restrictions shall prevail.
SECTION F. INTERPRETATION
In the interpretation and application of this Ordinance all provisions shall be: (1) considered as
minimum requirements; (2) liberally construed in favor of the governing body, and; (3) deemed
neither to limit nor repeal any other powers granted under State statutes.
SECTION G. WARNING AND DISCLAIMER OF LIABILITY
The degree of flood protection required by this Ordinance is considered reasonable for regulatory
purposes and is based on scientific and engineering considerations. Larger floods can and will
occur; flood heights may be increased by man-made or natural causes. This Ordinance does not
imply that land outside the SFHAs or other identified areas subject to flooding or uses permitted
within such areas will be free from flooding or flood damages. This Ordinance shall not create
liability on the part of The City of Fairhope, Alabama or by any officer or employee thereof for any
flood damages that result from reliance on this Ordinance or any administrative decision lawfully
made thereunder.
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SECTION H. PENALTIES FOR VIOLATION
Violation of the provisions of this Ordinance or failure to comply with any of its requirements,
including violation of conditions and safeguards established in connection with grants of
variance or special exceptions shall constitute a misdemeanor. The Code of Alabama (1975),
Title 11, Chapters 19 and 45 grant local governments in Alabama the authority to administer
the enforcement provisions stated within this section of the Ordinance.
(1)Stop Work Order. The community may issue a stop work order, which shall be served on
the applicant or other responsible person.
(a) Upon notice from the Administrator, work on any building, structure or premises
that is being performed contrary to the provisions of this Ordinance shall
immediately cease.
(b) Such notice shall be in writing and shall be given to the owner of the property, or
to his or her agent, or to the person doing the work, and shall state the
conditions under which work may be resumed.
The stop work order shall remain in effect until the applicant or other responsible person
has taken the remedial measures set forth in the notice of violation or has otherwise cured
the violation or violations described therein. The stop work order must include a provision
that it may be withdrawn or modified to enable the applicant or other responsible person to
take the necessary remedial measures to cure such violation or violations.
(2)Notice of Violation. If the community determines that an applicant or other responsible
party for the development has failed to comply with the terms and conditions of a permit,
or otherwise not in accordance with the provisions of this Ordinance, it shall issue a written
Notice of Violation, by certified return receipt mail, to such applicant or other responsible
person. Where the person is engaged in activity covered by this Ordinance without having
first secured a permit, the notice shall be served on the owner or the party in charge of the
activity being conducted on the site. Therefore, any work undertaken prior to submission
and approval of an official permit by the City of Fairhope, Alabama or otherwise not in
accordance with this Ordinance shall constitute a violation of this Ordinance and be at the
permit holder's risk. The notice of violation shall contain:
(a) The name and address of the owner or the applicant or the responsible party;
(b) The address or other description of the site upon which the violation is
occurring;
(c) A statement specifying the nature of the violation (including failure to obtain a
permit);
(d) A description of the remedial measures necessary to bring the action or inaction
into compliance with the permit or this Ordinance and the date for the
completion of such remedial action;
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(e) A statement of the penalty or penalties that may be assessed against the person
to whom the notice of violation is directed, and;
(f) A statement in the Notice of Violation shall be included that the determination
of violation may be appealed to the community by filing a written Notice of
Appeal within ten (10) working days after the Notice of Violation. Exceptions for
the deadline for this Notice include: 1) in the event the violation constitutes a
danger to public health or public safety, then a 24-hour notice shall be given; 2)
if there’s an imminent or immediate threat to life or property, then immediate
action is required.
(3)Civil penalties. Any person who violates this Ordinance or fails to comply with any of its
requirements shall be served a Summons to Fairhope Municipal Court to have the matter
adjudicated. Upon conviction thereof the responsible party shall be subject to fines and/or
imprisonment as determined by The Fairhope Municipal Court. Nothing contained herein
shall prevent the City of Fairhope, Alabama from taking such other lawful actions as is
necessary to prevent or remedy any violation.
(4)Additional Enforcement Actions. If the remedial measures described in the Notice of
Violation have not been completed by the date set forth in the Notice of Violation, any one
or more of the following enforcement actions may be enacted against the person to whom
the Notice of Violation was directed.
Before taking any of the following enforcement actions or imposing any of the following
penalties, The City of Fairhope, Alabama shall serve the Responsible Party with a
Summons to Court. The City of Fairhope, Alabama shall provide reasonable opportunity,
of not less than ten days (except, in the event the violation constitutes a danger to
public health or public safety, then a 24-hour notice shall be sufficient; if there’s an
imminent or immediate threat to the public health or public safety then immediate
action is required) to cure such violation.
In the event the applicant or other responsible party fails to cure such violation after
such notice and cure period, The City of Fairhope, Alabama may take or impose any one
or more of the enforcement actions or penalties listed below.
(a)Termination of water service and/or withhold or revoke Certificate of Occupancy.
The community may terminate utility services to the property and/or refuse to
issue and/or revoke a certificate of occupancy for the building or other
improvements/repairs conducted on the site. The order shall remain in-place
until the applicant or other responsible party has taken the remedial measures
set forth in the Notice of Violation or has otherwise cured the violation or
violations described therein.
(b)Suspension, revocation, or modifications of permit. The community may
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suspend, revoke, or modify the permit that authorizes the development project.
A suspended, revoked, or modified permit may be reinstated after the applicant
or other responsible party has taken the remedial measures set forth in the
Notice of Violation or has otherwise cured the violations described therein,
provided such permit may be reinstated (upon such conditions as the community
may deem necessary). That would enable the applicant or other responsible
party to take the necessary remedial measures to cure such violations.
i. The Administrator may revoke a permit issued under the provisions of
this Ordinance, in case there has been any false statement or
misrepresentation as to the material fact in the application or plans on
which the permit or approval was based.
ii. The Administrator may revoke a permit upon determination that the
construction, erection, alteration, repair, moving, demolition, installation,
or replacement of the structure for which the permit was issued is in
violation of, or not in conformity with, the provisions of this Ordinance.
(c)Section 1316 Declaration. A Section 1316 declaration shall be used only when all
other legal means included in this Ordinance to remedy a violation have been
exhausted and the structure remains non-compliant. Once invoked, the
property’s flood insurance coverage will be terminated and no new or renewal
policy can be issued, no NFIP insurance claim can be paid on any policy on the
property, and federal disaster assistance will be denied for the property.
The declaration must be in writing (letter or citation), from the community to the
property owner and to the FEMA Regional Office, and must contain the following
items:
i. The name(s) of the property owner(s) and address or legal description of
the property sufficient to confirm its identity and location;
ii. A clear and unequivocal declaration that the property is in violation of a
cited State or local law, regulation or ordinance;
iii. A clear statement that the public body making the declaration has
authority to do so and a citation of that authority;
iv. Evidence that the community has taken and exhausted all legal means to
remedy the violation, including all Community enforcement actions, as
specified in this Ordinance; and
v. Notice of violation, and a statement regarding the prospective denial of
insurance.
The structure will be considered a violation until such time the violation has been
remedied. If a structure that has received a Section 1316 declaration is made
compliant with the all the applicable provisions of this Ordinance, then the
Section 1316 declaration can be rescinded by the community and flood insurance
eligibility restored.
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(5)Administrative appeal; judicial review. Any person receiving a Notice of Violation may
appeal the determination of the community, including but not limited to the issuance of a
stop work order, the assessment of an administratively-imposed monetary penalty, the
suspension, revocation, modification, or grant with condition of a permit by the
community upon finding that the holder is in violation of permit conditions, or that the
holder is in violation of any applicable ordinance or any of the community's rules and
regulations, or the issuance of a notice of bond forfeiture.
The Notice of Appeal must be in writing to the Floodplain Administrator and must be
received within ten (10) days from the date of the Notice of Violation. A hearing on the
appeal shall take place within thirty (30) days from the date of receipt of the Notice of
Appeal.
(6)All appeals shall be heard and decided by the community's designated appeals board,
which shall be Fairhope Building Code Board of Appeals, or their designees. The appeals
board shall have the power to affirm, modify, or reject the original penalty, including the
right to increase or decrease the amount of any monetary penalty and the right to add or
delete remedial actions required for correction of the violation and compliance with the
community's floodplain development ordinance, and any other applicable local, state, or
federal requirements. Appeals cannot be in opposition to the provisions of this Ordinance.
The decision of the appeal board shall be final.
(7)A judicial review can be requested by any person aggrieved by a decision or order of the
community, after exhausting his/her administrative remedies. They shall have the right to
appeal de novo to the Fairhope Municipal Court.
SECTION I. SAVINGS CLAUSE
If any section, subsection, sentence, clause, phrase, or word of this Ordinance is for any reason
held to be noncompliant with 44 Code of Federal Regulation 59-78, such decision shall not affect
the validity of the remaining portions of this Ordinance.
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ARTICLE 3
ADMINISTRATION
SECTION A DESIGNATION OF FLOODPLAIN ADMINISTRATOR
The Building Official is hereby appointed to administer and implement the provisions of this
Ordinance. The Building Official shall hereto be referred to as the Floodplain Administrator in this
Ordinance.
SECTION B PERMIT PROCEDURES
Application for a Floodplain Development Permit shall be made to the Floodplain Administrator on
forms furnished by the community PRIOR to any development (any man-made change to
improved or unimproved real estate, including, but not limited to, buildings or other structures,
mining, dredging, filling, grading, paving, excavation, drilling operations, or storage of equipment
or materials) in the SFHAs of the community, and may include, but not be limited to, the following:
plans in duplicate drawn to scale showing the elevations of the area of development and the
nature, location, and dimensions of existing or proposed development.
Specifically, the following procedures and information are required for all projects in the SFHA or
other designated floodplains within the jurisdiction of The City of Fairhope, Alabama:
(1)Application Stage
Site surveys are to include:
(a)The BFEs where provided as set forth in Article 4, Section B and C;
(b)Boundary of the Special Flood Hazard Area and floodway(s) as delineated on the
FIRM or other flood map as determined in Article 2, Section B;
(c)Flood zone designation of the proposed development area as determined on the
FIRM or other flood map as set forth in Article 2, Section B;
(d)Elevation in relation to mean sea level (or highest adjacent grade) of the regulatory
lowest floor elevation, including basement, of all proposed structures;
(e)Elevation in relation to mean sea level to which any non-residential structure will
be flood-proofed;
(f)Design certification from a professional engineer, who is licensed to practice in the
State of Alabama, or a licensed architect, who is registered to practice in the State
of Alabama, that any proposed non-residential flood-proofed structure will meet
the flood-proofing criteria of Article 4, Sections B(2) and E(2);
(g)A Foundation Plan, drawn to scale, shall include details of the proposed foundation
system to ensure all provisions of this Ordinance are met. These details include,
but are not limited to, the proposed method of elevation (i.e., fill, solid foundation
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perimeter wall, solid backfilled foundation, open foundation on
columns/posts/piers/piles/shear walls) and description of any flood openings
required in accordance with Article 4, Sections B(1) and B(3) when solid foundation
perimeter walls are used.
(h)Usage details of any enclosed areas below the lowest floor shall be described.
(i)Plans and/or details for the protection of public utilities and facilities such as sewer,
gas, electrical, and water systems to be located and constructed to minimize flood
damage.
(j)Description of the extent to which any watercourse will be altered or relocated as a
result of a proposed development including current and proposed locations of the
watercourse. An engineering report shall be prepared by a professional engineer,
who is licensed to practice in the State of Alabama, on the effects of the proposed
project on the flood-carrying capacity of the watercourse and the effects to
properties located both upstream and downstream. The affected properties shall
be depicted on a sealed survey.
(k)Certification of the survey by a professional engineer or surveyor, who is licensed to
practice in the State of Alabama, is required.
(l)In any lot or lots/areas that will be or have been removed from the special flood
hazard area utilizing a Letter of Map Revision Based on Fill (LOMR-F), the top of fill
elevation must meet the community's freeboard elevation at that location. If the
top of fill elevation is below the freeboard elevation, all new structures, additions to
existing buildings or substantial improvements must meet the required community
freeboard elevation.
(2)Construction Stage
For all new construction and substantial improvements, the permit holder shall provide to
the Floodplain Administrator an as-built certification of the regulatory floor elevation or
flood-proofing level using appropriate FEMA elevation or floodproofing certificate
immediately after the lowest floor or flood-proofing is completed. In addition:
(a)When flood-proofing is utilized for non-residential structures, said certification shall
be prepared by professional engineer, who is licensed to practice in the State of
Alabama, or architect, who is registered to practice in the State of Alabama.
(b)No work is to be undertaken prior to the submission and approval of these
certifications.
(c)The Floodplain Administrator shall review the above referenced certification data
submitted. Deficiencies detected by such review shall be corrected by the permit
holder immediately and prior to further work being allowed. Failure to submit
certification or failure to make the required corrections, shall be cause to issue a
Notice of Violation and/or Stop-Work Order for the project.
(d)The Floodplain Administrator or designated representative shall make periodic
inspections of projects during construction throughout the SFHAs within the
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jurisdiction of the community to ensure that the work is being done according to
the provisions of this Ordinance and the terms of the permit. Members of the
inspections/engineering department shall have a right, upon presentation of proper
credentials, to enter on any premises within the territorial jurisdiction of the City of
Fairhope, Alabama during normal business hours of the community for the
purposes of inspection or other enforcement action.
(e)The Floodplain Administrator may revoke and require the return of the floodplain
development permit by notifying the permit holder in writing stating the reason(s)
for the revocation. Permits shall be revoked for any departure from the approved
application, plans, and specifications; for refusal or failure to comply with the
requirements of State or local laws; or for false statements or misrepresentations
made in securing the permit. Any floodplain development permit mistakenly issued
in violation of an applicable State or local law may also be revoked.
(3)Finished Construction
Upon completion of construction, a FEMA elevation certificate (FEMA Form 81-31 or
equivalent), which depicts all finished construction elevations, must be submitted to the
Floodplain Administrator prior to issuance of a Certificate of Occupancy.
(a)If the project includes a floodproofing measure, a FEMA floodproofing certificate
must be submitted by the permit holder to the Floodplain Administrator.
(b)If the structure is located in a V-Zone or Coastal A Zone, a V Zone certificate is
required. The applicant shall use the City of Fairhope’s certificate (if available) or
develop one that includes the information in the certificate from FEMA’s Home
Builder Guide to Coastal Construction Technical Fact Sheet No. 1.5 (2010). The
certificate shall provide the following minimum design and construction
requirements for the V Zone or Coastal A Zone:
i The bottom of the lowest horizontal structural member of the lowest floor
(excluding pilings a=or columns) is elevated to the DFE; and
ii The pile or column foundation and structure attached thereto is anchored
to resist flotation, collapse, and lateral movement due to the effects of the
wind and water loads acting simultaneously on all building components.
Use of the latest version of the ASCE 7 (Minimum Design loads for Buildings
and Other Structures) for guidance is required;
iii The space below the lowest floor must be free of obstructions (i.e. building
element, equipment, or other fixed objects that can transfer flood loads to
the foundation, or that can cause flood waters or wave to be deflected into
the building), or must be constructed with non-supporting breakaway walls,
open lattice, or insect screening.
(c)The Floodplain Administrator shall review the certificate(s) and the data submitted.
Deficiencies detected by such review shall be corrected by the permit holder
immediately and prior to Certificate of Compliance/Occupancy issuance.
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(d)In some instances, another certification may be required to certify corrected as-
built construction. Failure to submit the certification or failure to make required
corrections shall be cause to withhold the issuance of a Certificate of
Compliance/Occupancy.
(e)Documentation regarding completion of and compliance with the requirements
stated in the permit application and with Article 3, Section B(1) of this Ordinance
shall be provided to the local Floodplain Administrator at the completion of
construction or records shall be maintained throughout the Construction Stage by
inspectors for the Floodplain Administrator. Failure to provide the required
documentation shall be cause to withhold the issuance of a Certificate of
Compliance/Occupancy.
(f)All records that pertain to the administration of this Ordinance shall be maintained
in perpetuity and made available for public inspection, recognizing that such
information may be subject to the Privacy Act of 1974, as amended.
SECTION C DUTIES AND RESPONSIBILITIES OF THE FLOODPLAIN ADMINISTRATOR
The Floodplain Administrator and his/her designated staff is hereby authorized and directed to
enforce the provisions of this Ordinance. The Floodplain Administrator is further authorized to
render interpretations of this Ordinance which are consistent with its spirit and purpose.
Duties of the Floodplain Administrator shall include, but shall not be limited to:
(1)Require permits for all proposed construction or other development in the community,
including the placement of manufactured homes, so that it may be determined whether
such construction or other development is proposed within flood-prone areas. Ensure the
public is aware that floodplain development permits are required for development in
SFHAs.
(2)Conduct regular inspections of the community’s SFHAs for any unpermitted development
and issue Stop Work Orders and Notice of Violations for any such development. Any
unpermitted structure or non-structural development in the SFHA will be considered a
violation until such time that the violation has been remedied.
(3)Review proposed development to assure that all necessary permits have been received
from those governmental agencies from which approval is required by Federal or State
law, including section 404 of the Federal Water Pollution Control Act Amendments of 1972,
33 U.S.C. 1334. Maintain such permits permanently with floodplain development permit
file.
(4)Review all permit applications of proposed development, to determine whether the
proposed construction or other development will be reasonably safe from flooding and to
assure compliance with this Ordinance.
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(a)If the provisions of this Ordinance have been met, approve the permit.
(b)If the provisions of this Ordinance have not been met, request that either
corrections and accurate completion of the application be made or disapprove the
permit.
(5)When BFE data or floodway data have not been provided in accordance with Article 2,
Section B then the Floodplain Administrator shall obtain, review and reasonably utilize any
BFE and floodway data available from a Federal, State, or other sources in order to
administer the provisions of Article 4.
(6)Verify and record the actual elevation of the lowest floor, in relation to mean sea level (or
highest adjacent grade), including basement, of all new construction or substantially
improved residential structures in accordance with Article 3, Section B(2).
(a)Review elevation certificates and require incomplete or incorrect certificates to be
corrected and resubmitted for approval.
(b)A post-construction elevation certificate is required to be kept with the permit and
certificate of occupancy in perpetuity; a pre-construction elevation certificate can
be used to ensure the correct elevation for the lowest floor and machinery along
with the correct number of vents that will be used.
(7)Verify and record the actual elevation, in relation to mean sea level to which any new or
substantially improved non-residential structures have been elevated or floodproofed, in
accordance with Article 3, Section B, or Article 4, Sections B(2) and E(2).
(8)When floodproofing is utilized for a non-residential structure, the Floodplain Administrator
shall obtain certification of design criteria from a professional engineer, licensed to
practice in the State of Alabama, or licensed architect, registered to practice in the State of
Alabama, in accordance with Article 3, Section B(1) and Article 4, Section B(2) or E(2).
(9)Notify adjacent communities and the Alabama Department of Environmental Management
and the appropriate district office of the U.S. Army Corps of Engineers prior to any
alteration or relocation of a watercourse. Submit evidence of such notification to FEMA
and the NFIP State Coordinator’s Office (Alabama Department of Economic and
Community Affairs, Office of Water Resources).
(10)For any altered or relocated watercourse, submit engineering data/analysis within six (6)
months after completion of the project to FEMA and State to ensure accuracy of
community flood maps through the Letter of Map Revision process. Assure flood carrying
capacity of any altered or relocated watercourse is maintained following completion of the
project.
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(11)Where interpretation is needed as to the exact location of boundaries of the SFHA (for
example, where there appears to be a conflict between a mapped boundary and actual
field conditions), the Floodplain Administrator shall make the necessary interpretation.
Any person contesting the location of the boundary shall be given a reasonable
opportunity to appeal the interpretation as provided in this Ordinance.
(12)All records pertaining to the provisions of this Ordinance shall be maintained, in
perpetuity, at the office of the Floodplain Administrator and shall be available for public
inspection when requested.
(13)For any improvements made to existing construction located in the SFHA (as established in
Article 2, Section B) ensure that a permit is obtained. Also, conduct Substantial
Improvement (SI) (as defined in Article 6 of this Ordinance) reviews and analysis of all
structural development permit applications. Maintain a record of the SI calculations and
comments within the permit files in accordance with Section C(11) of this Article.
(14)For any residential and nonresidential structures located in the SFHAs that are damaged
from any source, natural hazard or man-made, conduct Substantial Damage (SD) (as
defined in Article 6 of this Ordinance) assessments.
(a)The Floodplain Administrator shall ensure that permits are obtained, in accordance
with this Ordinance, prior to any repairs commencing.
(b)Make SD determinations whenever structures within the SFHA area are damaged
by any cause or origin. SD determinations shall not be waived to expedite the
rebuilding process during a post-disaster recovery or for any other reason.
(c)If the community has a large number of buildings in their SFHA that have been
damaged, they should decide in advance how best to handle permitting and
inspecting damaged buildings for substantial damage determinations.
(d)If required, a moratorium may be placed on all non-disaster related construction
permits until the community has sufficiently completed its SD determinations.
(e)The SD determinations should be performed immediately after the damage-causing
event or other cause of damage.
(f)The community shall utilize methods and tools for collecting building data and
performing analyses that will provide reasonable and defensible SD
determinations. Those tools shall be capable of generating reports for record-
keeping purposes and to provide to the applicable property owners if requested.
(g)Maintain a record of the SD calculations within permit files in accordance with
Section C(11) of this Article.
(h)If the SD determination finds that the extent that the cost of restoring the
structure to its before damaged condition would equal or exceed 50 percent of
the market value of the structure before the damage occurred, the Floodplain
Administrator shall:
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i. Coordinate with the property owner and issue a letter to convey the SD
determination.
ii. Determine if the damage was caused by flooding and include the cause in
the letter to the property owner. Also, include whether or not the structure
qualifies as a repetitive loss structure per the definitions in Article 6 of this
Ordinance. The information can be used to determine if the claim is eligible
for an Increased Cost of Compliance claim.
iii. Coordinate with property owners and insurance companies for any NFIP
claims.
iv. If the repairs are to proceed, coordinate with the permit applicant to ensure
a permit is obtained and inspections are conducted to ensure that all
applicable provisions of this Ordinance are adhered to without exception or
waiver.
(i)A structure qualifies as a repetitively damaged structure (synonymous to repetitive
loss property) if it’s determined to have been damaged by flooding two or more
times within a 10-year period where the cost of repairing the flood damage, on
average, equaled or exceeded 25 percent of its market value at the time of each
flood event. All of the provisions of Article 3, Section C(13) for substantial damages
shall apply to any repetitively damaged structure, whether it is covered by NFIP
flood insurance or not.
If the structure is located within a SFHA and NFIP flood insurance claims were paid
for each of the two flood losses then the structure is eligible for an Increased Cost of
Compliance (ICC) claim. The following procedures shall be performed by the
community to track repetitive losses and provide documentation necessary for an
ICC claim:
i. Maintain permit records of all reconstruction and repairs for flood damages;
i. Record the date of repairs for a particular building so that the repair history
can be checked before the next permit is issued;
ii. Record the flood-related cost to repair the building and the market value of
the building before the damage occurred for each flood event; and
iii. Issue a letter of Notice of Determination to the owner of the structure.
(j)Ensure that phased improvements and incremental repairs do not circumvent the
SI/SD requirements.
(k)Ensure that any combinations of elective improvements being made in addition to
the necessary repairs to damages are included in making the SI/SD determination.
(l)An applicant for a permit may appeal a decision, order, or determination that was
made by the local official for the following:
i. The local official’s finding or determination that the proposed work
constituting a SI/SD were based on insufficient information, errors, or
repair/improvement costs that should be included and/or excluded;
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ii. The local official’s finding or determination that the proposed work
constituting a SI/SD were based on inappropriate valuations of costs for the
proposed work, or an inappropriate method to determine the market value
of the building.
(m)It is not appropriate for a permit applicant to seek an appeal who wishes to build in
a manner that is contrary to the regulations and codes included in this ordinance.
In those cases, the applicant should seek a variance.
(n)Ensure that any building located in a floodway that constitutes a SI/SD has an
engineering analysis performed in accordance with Article 4, Section C(2). If that
analysis indicates any increase in the BFE, the local official must not allow the
proposed work unless the structure is brought into full compliance with this
Ordinance.
(15)Coordinate with insurance adjusters prior to permitting any proposed work to bring any
flood-damaged structure covered by a standard flood insurance policy into compliance
(either substantially damaged structures or repetitive loss structures) to ensure eligibility
for ICC funds.
(16)Right of Entry
(a)Whenever it becomes necessary to make an inspection to enforce any of the
provisions of this Ordinance, the Floodplain Administrator may enter such building,
structure or premises at all reasonable times (normal business hours for the
community) to inspect the same or perform any duty imposed upon the Floodplain
Administrator by this Ordinance.
(b)If such building or premises are occupied, the Floodplain Administrator shall first
present proper credentials and request entry. If such building, structure, or
premises are unoccupied, he/she shall first make a reasonable effort to locate the
owner or other persons having charge or control of such building or premises prior
to entry.
(c)If entry is refused or owner cannot be located, the Floodplain Administrator shall
have recourse to every remedy provided by law to secure the right of entry of the
building, structure, or premises.
(d)When the Floodplain Administrator shall have first obtained a proper inspection
warrant or other remedy provided by law to secure entry, no owner or occupant or
any other persons having charge, care or control of any building, structure, or
premises shall fail or neglect, after proper request is made as herein provided, to
promptly permit entry therein by the Floodplain Administrator for the purpose of
inspection and examination pursuant to this Ordinance.
ARTICLE 4
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PROVISIONS FOR FLOOD HAZARD REDUCTION
SECTION A GENERAL STANDARDS
In ALL SFHAs and flood-prone areas regulated by The City of Fairhope, Alabama, the following
provisions are required for all proposed development including new construction, reconstruction
or repairs made to repetitive loss structures, and substantial improvements:
(1)Review proposed development to assure that all necessary permits have been received
from those governmental agencies from which approval is required by Federal or State law,
including but, not limited to Section 404 of the Federal Water Pollution Control Act
Amendments (1972, 33 U.S.C. 1334) and the Endangered Species Act (1973, 16 U.S.C. 1531-
1544). Maintain such permits permanently with floodplain development permit file.
(2)New construction and substantial improvements shall be designed (or modified) and
adequately anchored to prevent flotation, collapse, or lateral movement of the structure
resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy.
(3)New construction and substantial improvements shall be constructed with materials
resistant to flood damage below the BFE.
(4)New construction and substantial improvements shall be constructed by methods and
practices that minimize flood damages.
(5)New construction and substantial improvements shall be constructed with electrical,
heating, ventilation, plumbing, and air conditioning equipment and other service facilities
that are designed and/or located so as to prevent water from entering or accumulating
within the components during conditions of flooding.
(6)Review subdivision proposals and other proposed development, including manufactured
home parks or subdivisions, to determine whether such proposals will be reasonably safe
from flooding. If a subdivision proposal or other proposed development is in a SFHA, any
such proposals shall be reviewed to assure that:
(a)They are consistent with the need to minimize flood damage within the SFHA,
(b)All public utilities and facilities, such as sewer, gas, electrical and water systems are
located and constructed to minimize or eliminate flood damage,
(c)All new and replacement water supply systems are to be designed to minimize or
eliminate infiltration of flood waters into the systems,
(d)All new and replacement sanitary sewage systems are to be designed to minimize or
eliminate infiltration of flood waters into the systems and discharges from the
systems into flood waters,
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(e)Onsite waste disposal systems are to be located to avoid impairment to them or
contamination from them during flooding, and
(f)Adequate drainage provided to reduce exposure to flood hazards.
(7)Manufactured homes shall be installed using methods and practices which minimize flood
damage. They must be elevated and anchored to resist flotation, collapse, or lateral
movement. Methods of anchoring may include, but are not to be limited to, use of over-
the-top or frame ties to ground anchors. This requirement is in addition to applicable State
and local requirements for resisting wind forces.
(8)New and replacement water supply systems shall be designed to minimize or eliminate
infiltration of flood waters into the systems.
(9)New and replacement sanitary sewage systems shall be designed to minimize or eliminate
infiltration of flood waters into the systems and discharges from the systems into flood
waters.
(10)On-site waste disposal systems shall be located and constructed to avoid impairment to
them or contamination from them during flooding.
(11)Any alteration, repair, reconstruction or improvement to new construction and substantial
improvements which is not compliant with the provisions of this Ordinance, shall be
undertaken only if the non-conformity is not furthered, extended or replaced.
(12)Proposed new construction and substantial improvements that are partially located in a
SFHA shall have the entire structure meet the standards of this Ordinance for new
construction.
(13)Where new construction and substantial improvements located in multiple SFHAs or in a
SFHA with multiple BFEs, the entire structure shall meet the standards for the most
hazardous SFHA and the highest BFE.
SECTION B SPECIFIC TECHNICAL STANDARDS
In ALL Special Flood Hazard Areas designated as A, AE, AH (with engineered or estimated BFE), the
following provisions are required:
(1)Residential and Non-Residential Structures - Where BFE data is available, new construction,
reconstruction or repairs made to a repetitive loss structure, and substantial improvement
of any structure or manufactured home shall have the lowest floor, including basement,
elevated no lower than one (1) foot above the base flood elevation (also referred to as
the design flood elevation). Should solid foundation perimeter walls be used to elevate a
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structure, openings sufficient to facilitate the unimpeded movements of flood waters shall
be provided in accordance with standards of Article 4, Section B(3).
(2)Non-Residential Structures - New construction, reconstruction or repairs made to a
repetitive loss structure, and substantial improvement of any non-residential structure
located in AE or AH zones, may be floodproofed (dry) in lieu of elevation. The structure,
together with attendant utility and sanitary facilities, must be designed to be watertight to
at least one (1) foot above the base flood elevation (herein after referred to as the design
flood elevation), with walls substantially impermeable to the passage of water, and
structural components having the capability of resisting hydrostatic and hydrodynamic
loads and the effect of buoyancy.
(a)A professional engineer, who is licensed to practice in the State of Alabama, or
licensed architect, who is registered to practice in the State of Alabama, shall
develop and/or review structural design, specifications, and plans for the
construction, and shall certify that the design and methods of construction are in
accordance with the standards in ASCE-24 (for dry floodproofing) or other
compatible standards of practice for meeting the provisions above, and shall
provide such certification to the official as set forth above and in Article 3, Section
C(6).
(b)A record of such certificates, which includes the specific elevation (in relation to
mean sea level) to which such structures are floodproofed, shall be maintained with
the official permitting records for the structure and kept in-perpetuity.
(c)Any non-residential functionally dependent structure (as defined in Article 6) that
cannot meet the standards stated in Section B(2)(a) shall require a variance to be
issued in accordance with Article 5, Section C(3) and D(1).
(d)Any non-residential structure, or part thereof, made watertight below the DFE shall
be floodproofed in accordance with the applicable standards in ASCE 24. All plans
and specifications for such floodproofing shall be accompanied by a statement
certified by a professional engineer, who is licensed to practice in the State of
Alabama, or licensed architect, who is registered to practice in the State of Alabama,
which states that the proposed design and methods of construction are in
conformance with the above referenced standards. There should be a statement
submitted with the permit application and a statement submitted with the as-built
Floodproofing Certificate prior to the issuance of the Certificate of Occupancy.
(e)Prior to the issuance of the Certificate of Occupancy, the following must be
submitted for any non-residential structure that will be floodproofed.
(i)An inspection and maintenance plan detailing the annual maintenance of
floodproofed components ensuring that all components will operate properly
under flood conditions. Components that must be inspected include at a
minimum:
•Mechanical equipment such as sump pumps and generators,
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•Flood shields and closures,
•Walls and wall penetrations, and
•Levees and berms (as applicable).
(ii)A Flood Emergency Operation Plan detailing the procedures to be followed
during a flooding event and must include information pertaining to how all
components will operate properly under all conditions, including power
failures. The design professional must prepare the plan which shall include
the following:
•An established chain of command and responsibility with leadership
responsibilities clearly defined for all aspects of the plan.
•A procedure for notification of necessary parties when flooding
threatens and flood warnings are issued. Personnel required to be at
the building should have a planned and safe means of ingress/egress
and should have no other emergency response duties during a flood
event. Alternates should be assigned in the event that the primary
persons responsible are unable to complete their assigned duties under
the plan.
•A list of specific duties assigned to ensure that all responsibilities are
addressed expeditiously. The locations of materials necessary to
properly install all floodproofing components must be included in the
list.
•An evacuation plan for all personnel or occupants; those without duties
for the flood emergency as well as those with duties for implementing
the plan. All possible ingress and egress routes must be identified.
•A periodic training and exercise program to keep personnel and
occupants aware of their duties and responsibilities. Training drills
should be held at least once a year and should be coordinated with
community officials.
(3)Enclosures for Elevated Buildings - All new construction, reconstruction or repairs made to
a repetitive loss structure, and substantial improvements of existing structures (residential
and non-residential) that include ANY fully enclosed area below the BFE, located below
the lowest floor formed by the foundation and other exterior walls shall be designed so as
to be an unfinished or flood resistant enclosure. The enclosure shall be designed to
equalize hydrostatic flood forces on exterior walls by allowing for the automatic entry and
exit of flood waters.
(a)Designs for complying with this requirement must either be certified by a
professional engineer, who is licensed to practice in the State of Alabama, or a
licensed architect, registered to practice in the State of Alabama, or meet the
following minimum criteria:
(i)Provide a minimum of two openings for each enclosed area having a total net
area of not less than one square inch for every square foot of enclosed area
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subject to flooding (if a structure has more than one enclosed area below the
BFE, each shall have openings on exterior walls);
(ii)Openings shall be in at least two walls of each enclosed area (includes areas
separated by interior walls);
(iii)The bottom of all openings shall be no higher than one foot above grade;
(iv)Openings may be equipped with screens, louvers, valves and other coverings
or devices provided that they permit the automatic entry and exit of
floodwaters in both directions without impeding or blocking flow and shall be
accounted for in determination of the net open area; and
(v)Openings meeting the requirements of (3)(a)(i) – (iv) that are installed in
doors are permitted.
(b)So as not to violate the "Lowest Floor" criteria of this Ordinance, the unfinished or
flood resistant enclosure shall only be used for parking of vehicles, limited storage,
or access to the elevated area.
(c)The interior portion of such enclosed area shall not be partitioned or finished into
separate rooms.
(d)All interior walls, ceilings and floors below the BFE shall be unfinished and/or
constructed of flood damage-resistant materials. This practice is also referred to as
“wet floodproofing”. The definitions for “flood damage-resistant materials” and
“wet floodproofing” are included in Article 6.
(e)Mechanical, electrical, or plumbing devices shall be installed not less than one foot
above the BFE. The interior portion of such enclosed area(s) shall be void of utilities
except for essential lighting and power, as required, that are watertight or have
otherwise been floodproofed.
(f)Property owners shall be required to execute a flood openings/venting affidavit
acknowledging that all openings will be maintained as flood vents, and that the
elimination or alteration of the openings in any way will violate the requirements
for enclosures below the BFE.
(i)That the enclosed area(s) shall remain fully compliant with all parts of Article
4, Section B(3) of this Ordinance unless otherwise modified to be fully
compliant with the applicable sections of the Floodplain Development
Ordinance in effect at the time of conversion.
(4)Standards for Manufactured Homes and Recreational Vehicles Where Base Flood Elevation
Data is Available.
(a)Require that all manufactured homes placed or substantially improved:
(i)Outside of a manufactured home park or subdivision,
(ii)In a new or substantially improved manufactured home park or subdivision,
(iii)In an expansion to an existing manufactured home park or subdivision, or
(iv)In an existing manufactured home park or subdivision on which a
manufactured home has incurred "substantial damage" as the result of a
flood,
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be elevated on a permanent foundation such that the lowest floor of the
manufactured home is elevated one foot or more above the BFE and be securely
anchored to an adequately anchored foundation system to resist floatation,
collapse, and lateral movement.
(b)Require that all manufactured homes to be placed or substantially improved on
sites in an existing manufactured home park or subdivision that are not subject to
the provisions of Subsection (4)(a) be elevated so that either:
(i)The lowest floor of the manufactured home is one foot or more above the
BFE; OR
(ii)The manufactured home chassis is supported by reinforced piers or other
foundation elements of at least equivalent strength that are no less than 36
inches in height above the highest adjacent grade and be securely anchored
to an adequately anchored foundation system to resist floatation, collapse,
and lateral movement.
(iii)Concrete block piers (and other foundation systems) are to be designed in
accordance with the Code of Federal Regulations Title 24, Part 3285 and with
the specifications in FEMA P-85: Protecting Manufactured Homes from Floods
and Other Hazards – A Multi-Hazard Foundation and Installation Guide. The
§3285.306 Design procedures for concrete block piers and FEMA P-85 (Table
SP-1.1), specify that the maximum allowable pier height (measured from top
of grade) for concrete piers to be five (5) feet.
(iv)The chassis and its supporting equipment are to be above the pier or other
foundation. The areas below the chassis must be constructed with flood-
resistant materials. All utilities and mechanical equipment must be elevated
to a minimum of three (3) feet above the highest adjacent grade. Any utility
and mechanical components that must be below the BFE must be made
watertight to that same elevation to meet the standards in Article 4, Section
A(5).
(c)Require that all recreational vehicles placed on sites must either:
(i)Be on the site for fewer than 180 consecutive days,
(ii)Be fully licensed and ready for highway use on its wheels or jacking system,
(iii)Be attached to the site only by quick disconnect type utilities and security
devices, and have no permanently attached structures or additions; OR
(iv)Must meet all the requirements for "New Construction”, including the
anchoring and elevation requirements of Article 4, Section B, provisions (4)(a)
and (4)(b).
(5)Standards for Manufactured Homes Where No Base Flood Elevation Exists.
(a) Require that all manufactured homes to be placed within a Zone A area on the
FIRM shall be installed using methods and practices which minimize flood damage.
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(b) Manufactured homes must be elevated and anchored to resist flotation, collapse,
or lateral movement. Methods of anchoring may include, but are not to be limited
to, use of over-the-top or frame ties to ground anchors.
(c) The manufactured home chassis must be supported by reinforced piers or other
foundation elements of at least equivalent strength such that the bottom of the
chassis and its supporting equipment be no less than 36 inches and up to a
maximum 60 inches (five feet) above the highest adjacent grade and be securely
anchored to an adequately anchored foundation system.
(d) The areas below the chassis must be constructed with flood-resistant materials. All
utilities and mechanical equipment must be elevated to a minimum of 3 feet above
the highest adjacent grade. Any utility and mechanical components that must be
below the BFE must be made watertight to that same elevation to meet the
standards in Article 4, Section A(5). The specifications of FEMA 348: Protecting
Building Utilities from Flood Damage .
(6)Require, until a regulatory floodway is designated, that no new construction, substantial
improvements, or other development (including fill) shall be permitted within Zones A and
AE on the City of Fairhope’s FIRM, unless it is demonstrated that the cumulative effect of
the proposed development, when combined with all other existing and anticipated
development, will not increase the water surface elevation of the base flood more than
one foot at any point within the community.
(7)Accessory and Agricultural Structures – When an accessory structure meets the
requirements outlined below, these structures may be wet-floodproofed and do not have
to be elevated to one foot above the BFE as required in Article 4, Section B(1).
A permit shall be required prior to construction or installation of any accessory structures
and any agricultural structures built below the DFE and the following provisions apply:
(a)Must be adequately anchored to prevent flotation, collapse, or lateral movement;
(b)Must be designed with an unfinished interior and constructed with flood damage-
resistant materials below the DFE as described in Article 4, Section B(3);
(c)Must have adequate flood openings as described in Article 4, Section B(3);
(d)Must be constructed and placed on the building site so as to offer the minimum
resistance to the flow of floodwaters;
(e)Must comply with the requirements for development in floodways in accordance
with Article 4, Section C;
(f)Must elevate any mechanical and other utility equipment in or servicing the
structure to or above the DFE or must be floodproofed in accordance with Article 4,
Section A;
(g)Prohibit storage of any hazardous or toxic materials below the DFE.
(h)Permits for small accessory structures may be issued to provide wet floodproofing
measures in accordance with the standards described in subsections (i) through (iv)
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below without requiring a variance. Before issuing permits for small accessory
structures, the Floodplain Administrator must verify:
(i)Use is limited to parking of vehicles or storage;
(ii)Size is less than or equal to a one-story, two-car garage for all A zones;
(iii)Structures are a minimal investment and have a low damage potential with
respect to the structure and contents;
(iv)Structures will not be used for human habitation;
(v)Structures comply with the wet floodproofing requirements in Article 4,
Section B(3).
(i)Permits for accessory structures larger than the size allowed for in subsection (7)(h)
above, shall require a variance to be granted on a case-by-case basis in accordance
with Article 7, Section D(3). Variances shall not be granted for entire subdivisions
for accessory structures.
(j)Permits for new construction of all agricultural structures shall require a variance to
be granted on a case-by-case basis in accordance with Article 7, Section D(4).
(k)Typically, when structures are substantially damaged by any cause or will be
substantially improved, communities must require that the structures be brought
into compliance with all requirements for new construction. In accordance with
guidance in FEMA Publication 2140, agricultural structures that are substantially
damaged by flooding and agricultural structures that are repetitive loss structures
are permitted to be repaired or restored to pre-damage condition, provided the
following are satisfied:
(i)If substantially damaged, the substantial damage determination is based only
on the cost to repair damage caused by flooding to pre-damage conditions.
(ii)The proposed repair or restoration does not change the size of the structure
and does not significantly alter the nature of the building. With the exception
of costs associated with wet floodproofing in accordance with Article 4,
Section B(3), proposals that include work beyond or in addition to that
necessary to repair or restore the structure to pre-damage conditions must be
regulated as substantial improvements as provided for in this Ordinance.
(iii)The repaired or restored structure will continue to be an agricultural structure,
as defined in this Ordinance.
(iv)Owners are notified, in writing, that agricultural structures approved under
this subsection:
•Will not be eligible for disaster relief under any program administered
by FEMA or any other Federal agency.
•Will have NFIP flood insurance policies rated based on the structure’s
risk.
•May be denied NFIP flood insurance policies if repairs do not include
the wet floodproofing requirements of Article 4, Section B(3).
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(v)When owners elect to wet floodproof flood-damaged agricultural structures as
part of repair or restoration to pre-damage condition, the structure shall
comply with the requirements of Article 4, Section B(3).
(vi)A variance shall be required to allow wet floodproofing in-lieu of elevation or
dry-floodproofing in accordance with the definitions in Article 7.
(l)Prohibit the storage of hazardous substances (as defined in Article 7) in any
residential accessory structure located in a SFHA. Limit the storage in non-
residential accessory structures to only fertilizers, petroleum products, and
pesticides essential for landscaping purposes. Limit storage in agricultural
structures to only fertilizers, petroleum products, and pesticides necessary for
agricultural purposes. In both cases, storage shall be in strict compliance with the
requirements of Article 4, Section B(9).
(8)Underground and Aboveground Storage (Liquid and Gas) Tanks - Tanks and tank inlets, fill
openings, outlets, and vents that are located below the DFE shall be designed, constructed,
installed, and anchored to resist all flood-related loads (flotation, collapse, or lateral
movement resulting from hydrostatic and hydrodynamic forces) and any other loads,
including the effects of buoyancy, during flooding up to and including the 100-year flood
and without release of contents into floodwaters or infiltration of floodwaters into the
tanks.
(a)A permit that includes floodplain development shall be required prior to
construction or installation of any underground and aboveground tanks (including
their foundation and support systems) located within a special flood hazard area.
(b)Loads on underground tanks and aboveground tanks exposed to flooding shall be
determined assuming at least 1.3 times the potential buoyant and other flood
forces acting on the empty tank.
(c)Tanks and associated piping shall be installed to resist local scour and erosion
during the 100-year flood.
(d)Aboveground tanks located in Zone A/AE flood hazard areas shall be either:
(i)Elevated to or above the DFE on platforms or structural fill,
(ii)Elevated to or above the DFE where attached to structures and the
foundation system supporting the structures shall be designed to
accommodate any increased loads resulting from the attached tanks,
(iii)Permitted below the DFE where the tank and its foundation are designed to
resist all flood-related loads including floating debris, or
(iv)Permitted below the DFE where the tank and its foundation are designed to
resist flood loads and are located inside a barrier designed to protect the tank
from floating debris.
(e)Aboveground tanks located in areas designated as Zone V/VE, Coastal A-Zones, and
other high risk flood hazard areas (see ASCE 24-14) shall be elevated to or above
the DFE on platforms that conform to the foundation requirements of ASCE 24-14,
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Section 4.5. Aboveground tanks shall not be permitted to be located under
elevated structures or attached to structures at elevations below one foot above
the DFE in these areas.
(f)Underground tanks located in areas designated as Zone V/VE, Coastal A-Zones, and
other high risk flood hazard areas (see ASCE 24-14) shall have the determination of
flood-related loads take into consideration the eroded ground elevation.
(g)Tank inlets, fill openings, outlets, and vents shall be:
(i)At or above the DFE or fitted with covers designed to prevent the inflow of
floodwater or outflow of the contents of the tanks during conditions of the
100-year flood.
(ii)Anchored to prevent lateral movement resulting from hydrodynamic and
hydrostatic loads, including the effects of buoyancy, during conditions of the
100-year flood.
(9)Structures and Sites for the Storage or Production of Hazardous Substances – Require that
all outdoor storage sites, new construction, reconstruction or repairs made to a repetitive
loss structure, and substantial improvements to be used for the production or storage of
hazard substances (as defined in Article 7) which are located in the special flood hazard
area shall be built in accordance with all applicable standards in this Ordinance in addition
to the following requirements:
(a)No structures containing hazardous substances shall be permitted for construction
in a floodway;
(b)Residential structures shall have the area in which the hazard substances are to be
stored elevated or dry floodproofed a minimum of two (2) feet above the BFE;
(c)Non-residential structures shall be permitted to be built below the BFE in
accordance with Article 4, Section B(2) such that the area where the hazard
substance production or storage is located will be:
(i)elevated or designed and constructed to remain completely dry to at least
two (2) feet above the BFE, and
(ii)designed to prevent pollution from the storage containers, structure, or
activity during the course of the base flood.
(d)Any solid, liquid, or gas storage containers of hazardous substances and any
associated mechanical, electrical, and conveyance equipment shall be watertight
and shall be properly anchored and protected from the hydrostatic and
hydrodynamic forces of flood waters and debris carried by the base flood.
(10)Construction of Fences - New and replacement fences may be allowed in flood hazard
areas if they do not act as a flow boundary and redirect the direction of flow, collect flood
debris and cause blockages, cause localized increases in flood levels, or if damaged,
become debris that may cause damage to other structures.
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(11)Structures Elevated on Fill – Fill for structures shall be designed to be stable under
conditions of flooding, including rapid rise and rapid drawdown of floodwaters, prolonged
inundation, and flood-related erosion and scour. The standards from ASCE 24 should be
followed for any fill placed in flood hazard areas. All new construction for residential or
non-residential structures may be constructed on permanent structural fill in accordance
with the following:
(a)The lowest floor (including basement) of the structure or addition along with any
appurtenant utilities shall be no lower than one foot above the BFE.
(b)Fill used for structural support or protection shall consist of granular and earthen
material that is free of vegetation and foreign or organic materials and suitable for
its intended use.
(c)All new structures built on fill must be constructed on properly designed and
compacted fill (ASTM D-698 or equivalent) that extends beyond the building walls
before dropping below the BFE.
(d)The top of the fill shall be no lower than one foot above the BFE.
(e)The fill shall not adversely affect the flow or surface drainage from or onto any
neighboring properties.
(f)Structural fill, including side slopes, shall be protected from scour and erosion
under flood conditions up to and including the base flood discharge. When
expected velocities during the occurrence of the base flood are greater than five
feet per second, armoring with stone or rock protection shall be provided. When
expected velocities during the base flood are five feet per second or less, protection
shall be provided by covering them with vegetative ground cover.
(g)The design of the fill or the fill standard must be approved by a licensed
professional engineer.
(h)The applicant shall submit a Letter of Map Revision based on fill (LOMR-F) utilizing
FEMA’s MT-1 application forms to FEMA requesting a revision to the FIRM for the
placement of fill.
(i)This standard is not applicable for placement of fill in a floodway; fill in a floodway
is prohibited.
(12)Compensatory Storage for Filling - Fill within the SFHA shall result in no net loss of natural
floodplain storage. Compensatory storage cannot be used within the limits of floodways as
depicted on FIRMs. Any development utilizing this approach shall prepare design
documentation in accordance with the following:
(a)Loss of floodwater storage volume due to filling in the Special Flood Hazard Area
shall be offset by providing an equal volume of flood storage by excavation or other
compensatory measures at or adjacent to the development site.
(b)Provide adequate documentation demonstrating the compensatory storage volume
including but not limited to engineering analysis/calculations, site plan and profile
drawings of the area to be filled and excavated, and environmental impact
assessments for areas filled and excavated.
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(c)Any excavation or other measures taken for compensatory storage shall be
properly designed to provide protection against erosion or overgrowth of
vegetation in order to preserve the storage volume.
(d)The compensatory storage approach cannot be utilized in erosion-prone areas. The
site being considered must be determined not to be erosion-prone by analyzing
available studies, historical data, watershed trends, average annual erosion rates,
flood velocities and duration of flow, geotechnical data, and existing protective
works. Results of these analyses shall be documented in an engineering report,
which defines the data and methodology used to determine whether or not an area
is erosion-prone.
(e)An operations and maintenance plan for maintaining the integrity and intended
volume of the compensatory storage area in perpetuity shall be included with the
permit. The Plan must be approved by the Floodplain Administrator and shall be
legally binding upon the owner whose property that the compensatory storage area
is located.
(13)Incompatible Uses Prohibited in SFHAs
(a)Lands lying within the 100-year floodplain shall not be used for:
(i)dumping of any material or substance including solid waste disposal sites
(including manure),
(ii)on-site soil absorption sanitary sewage system site,
(iii)petroleum or chemical holding tanks,
(iv)construction of any wells used to obtain water for ultimate human
consumption; or
(v)restricted confinement or permanent sheltering of animals.
(b)Lands lying within the 100-year floodplain shall not be used for the storage of
materials that are buoyant, flammable, explosive, or injurious to human, animal,
plant, fish, or other aquatic life.
SECTION C FLOODWAYS
Located within Special Flood Hazard Areas established in Article 2, Section B, are areas designated
as floodway. A floodway may be an extremely hazardous area due to velocity floodwaters, debris
or erosion potential. In addition, the area must remain free of encroachment in order to allow for
the discharge of the base flood without increased flood heights. Therefore, the following
provisions shall apply:
(1)The community shall select and adopt a regulatory floodway based on the principle that
the area chosen for the regulatory floodway must be designed to carry the waters of the
base flood, without increasing the water surface elevation of that flood more than one foot
at any point;
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(2)Encroachments, including fill, new construction, substantial improvements or other
development are prohibited within the adopted regulatory floodway. Specific, limited
development as determined by the Building Code Board of Appeals may be permitted
however, provided it is demonstrated through hydrologic and hydraulic analyses
performed in accordance with standard engineering practice that the proposed
encroachment would not result in any increase in BFEs during the occurrence of the base
flood discharge. A registered professional engineer must provide supporting technical data
and certification (No-Rise Certificate) to FEMA for the proposed floodway encroachment.
The No-Rise Certificate must be submitted to the Floodplain Administrator with the
development permit (including a Site Plan showing the current and proposed floodway
alignment) for approval.
(3)ONLY if Article 4, Section C, provisions (1) and (2) are satisfied, then any new construction
or substantial improvement in a floodway shall comply with all other applicable flood
hazard reduction provisions of Article 4. After satisfying the required provisions stated in
this section, encroachments in floodways should be limited to the following types of
projects:
(a)flood control and stormwater management structures;
(b)road improvements and repairs;
(c)utility easements/rights-of-way; and
(d)public improvements or public structures for bridging over the floodway.
(4)Fencing shall be prohibited in floodways unless it is demonstrated that such development
will not cause any increase in the BFE. Appropriate analysis and documentation shall be
submitted along with the development permit for review and approval. Fences that have
the potential to block or restrict the passage of floodwaters (by trapping debris or with
openings too small to allow unhindered passage of water), such as stockade and wire mesh
fences, shall meet the requirements of Article 4, Section C(2).
(5)Structures designed for human habitation are prohibited within the adopted regulatory
floodway.
(6)As long as no fill, structures (including additions), or other impediments to flow are added,
permissible uses within the floodway may include: lawns, gardens, athletic fields, play
areas, picnic grounds, and hiking/biking/horseback riding trails, general farming, pasture,
outdoor plant nurseries, horticulture, forestry, wildlife sanctuary, game farm, and other
similar agricultural, wildlife, and related uses. The uses in this subsection are permissible
only if and to the extent that they do not cause any increase in flood levels during the base
flood discharge.
(7)Encroachments, including fill, new construction, placement of manufactured homes,
substantial improvements, and other development, are prohibited in the regulatory
floodway.
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SECTION D BUILDING STANDARDS FOR STREAMS WITHOUT ESTABLISHED BASE FLOOD
ELEVATIONS (APPROXIMATE A-ZONES)
Located within the SFHAs established in Article 2, Section B, where streams exist but no base flood
data have been provided (Approximate A-Zones), the following provisions apply:
(1)BFE data shall be provided for new subdivision proposals and other proposed development
(including manufactured home parks and subdivisions) greater than fifty (50) lots or five (5)
acres, whichever is the lesser.
(2)When BFE data or floodway data have not been provided in accordance with Article 2,
Section B then the Floodplain Administrator shall obtain, review, and reasonably utilize any
scientific or historic BFE and floodway data available from a Federal, State, or other source,
in order to administer the provisions of Article 4. ONLY if data are not available from these
sources, then Article 4, Section D, provisions (4) and (5) shall apply.
(3)All development in Zone A must meet the requirements of Article 4, Section A and Sections
B(1), B(2), B(3), B(5), B(6), B(7), B(8), B(9), and B(10).
(4)In SFHAs without BFE data, new construction and substantial improvements of existing
structures shall have the lowest floor (for the lowest enclosed area; including basement)
elevated no less than three (3) feet above the highest adjacent grade. As the requirements
set forth in Article 4, Section B(1) and B(2) stipulate the lowest floor to be elevated no less
than one foot about the BFE, then the structure for this condition shall be elevated no less
than four (4) feet about the highest adjacent grade.
(5)In the absence of a BFE, a manufactured home must also meet the elevation requirements
of Article 4, Section B(4)(b)(ii) – B(4)(b)(iv) in that the structure cannot be elevated above a
maximum of 60 inches (5 feet) and all utilities and mechanical equipment must be elevated
a minimum of three (3) feet above the highest adjacent grade.
(6)Enclosures for elevated buildings in Zone A areas shall comply with the standards of Article
4, Section B(3)(a). The Floodplain Administrator shall certify the lowest floor elevation
level and the record shall become a permanent part of the permit file.
SECTION E STANDARDS FOR AREAS OF SHALLOW FLOODING (AO ZONES)
Special flood hazard areas established in Article 2, Section B may include designated "AO" shallow
flooding areas. These areas have base flood depths of one to three feet (1'-3') above ground, with
no clearly defined channel. The following provisions apply:
(1)All new construction and substantial improvements of residential and nonresidential
structures shall have the lowest floor, including basement, elevated above the highest
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adjacent grade at least as high as the depth number specified on the Flood Insurance Rate
Map (FIRM) plus one foot of freeboard. If no depth number is specified, the lowest floor
(including basement) shall be elevated at least three (3) feet above the highest adjacent
grade. Openings sufficient to facilitate the unimpeded movements of flood waters shall be
provided in accordance with standards of Article 4, Section B(3).
The applicant shall provide an Elevation Certificate to verify the lowest floor elevation level
in relation to natural grade, and the record shall become a permanent part of the permit
file.
(2)New construction and the substantial improvement of a non-residential structure may be
floodproofed in lieu of elevation. The structure, together with attendant utility and
sanitary facilities, must be designed to be water tight to the specified flood level in
Article 4, Section E(1) or three (3) feet (if no depth number is specified), above highest
adjacent grade, with walls substantially impermeable to the passage of water, and
structural components having the capability of resisting hydrostatic and hydrodynamic
loads and the effect of buoyancy. As the requirements set forth in Article 4, Section B(1)
and B(2) stipulate the lowest floor to be elevated no less than one foot about the BFE, then
the structure for this condition shall be elevated no less than four (4) feet about the
highest adjacent grade.
(3)A professional engineer, who is licensed to practice in the State of Alabama, or licensed
architect, who is registered in the State of Alabama, shall certify that the design and
methods of construction are in accordance with accepted standards of practice for
meeting the provisions above and shall provide such certification to the official as set forth
above and as required in Article 3, Section B(1) and (2).
(4)Drainage paths shall be provided to guide floodwater around and away from any proposed
structure.
SECTION F. STANDARDS FOR COASTAL HIGH HAZARD AREAS (V-ZONES)
Located within the areas of special flood hazard established in Article 2, Section B, are areas
designated as Coastal High Hazard areas (V-Zones) and Coastal A Zones. These areas have special
flood hazards associated with wave action and storm surge; therefore, the following provisions
shall apply, in addition to the standards of Article 4:
(1)All new construction and substantial improvements of existing structures shall be located
landward of the reach of the mean high tide.
(2)All new construction and substantial improvements of existing structures shall be elevated
on piles, columns, or shear walls parallel to the flow of water so that:
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(a)The bottom of the lowest supporting horizontal structural member (excluding
pilings or columns) is located no lower than one foot above the base flood elevation
or to the flood protection level; whichever is higher. All space below the lowest
supporting member shall remain free of obstruction. Further information and
technical guidance is available in FEMA Technical Bulletin 5- Free of Obstruction
Requirements (March 2020).
(b)Open lattice work, non-supporting breakaway walls, or decorative screening may
be permitted for aesthetic purposes only and built in accordance with Article 4,
Section F(5) below.
(c)All pile and column foundations and the structures attached thereto shall be
anchored to resist flotation, collapse, and lateral movement due to the combined
effects of wind and water loads acting simultaneously on ALL building components,
both (non-structural and structural). Water and wind loading values shall be in
accordance with the most current edition of the State Building Code and any
applicable local building standards.
(3)All new construction and substantial improvements of existing structures shall be securely
anchored on pilings, columns, or shear walls.
(4)A professional engineer, who is licensed to practice in the State of Alabama shall develop
or review the structural design, specifications and plans for construction and shall certify
that the design and methods of construction to be used are in accordance with accepted
standards of practice for meeting the provisions contained in Article 4, Section F(2), (3),
and (4) herein.
(5)For all new construction and substantial improvements in Zones V1-30, VE, and V and
Coastal A Zones, the space below the lowest horizontal-supporting member must be free
of obstruction or constructed with non-supporting breakaway walls, open wood or vinyl
latticework, or insect screening which must be designed to collapse under wind and water
loads without causing collapse, displacement, or other structural damage to the elevated
portion of the building or supporting foundation system. The following design
specifications are required:
(a)No solid or supporting walls shall be allowed, and;
(b)Material shall consist of lattice or mesh screening only.
(c)If aesthetic lattice work, non-supporting breakaway walls, or screening is utilized,
any enclosed space shall not be used for human habitation but, shall be designed to
be used only for parking of vehicles, building access, or limited storage of
maintenance equipment used in connection with the premises.
(d)For the purpose of this section, a breakaway wall shall have a design safe loading
resistance of not less than 10 and no more than 20 pounds per square foot. Use of
breakaway walls which exceed a design safe loading resistance of 20 pounds per
square foot (either by design or when so required by local codes) may be permitted
only if a professional engineer, who is licensed to practice in the State of Alabama,
certifies that the designs proposed meet the following conditions:
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(i)Breakaway wall collapse shall result from water load less than that which
would occur during the base flood, and;
(ii)The elevated portion of the building and supporting foundation system shall
not be subject to collapse, displacement, or other structural damage due to
effects of wind and water loads acting simultaneously on all building
components (structural and nonstructural). Water loading values used shall
be those associated with the base flood. Wind loading values used shall be
those requirements by applicable state or local building codes.
(iii)The lowest horizontal structural member shall be oriented perpendicular,
where possible, to the expected wave crest in order to reduce the impact
load from the waves.
(6)Enclosures below elevated buildings shall be useable solely for storage, parking of vehicles,
or building access. Such space will not be used for human habitation and not finished or
partitioned into separate rooms.
(7)Above grade (hanging) enclosures shall have flood openings in accordance with Article 4,
Section B(3) and be constructed with flood damage-resistant material below the flood
protection elevation. One or more floor grates or drains shall be installed in the enclosure
floor to allow water to have unimpeded ingress into and egress from the enclosure to
reduce damages from buoyancy loads and from added weight.
(8)Prior to construction, plans for any structure using lattice, breakaway walls, or decorative
screening must be submitted to the Floodplain Administrator for approval.
(9)Any alteration, repair, reconstruction or improvement to any structure shall not enclose
the space below the lowest floor except with lattice-work, breakaway walls, or decorative
screening, as provided in this Section.
(10)In Coastal AE Zones, property owners shall be required to execute an elevation certificate
with an affidavit acknowledging that all flood openings in breakaway walls will be
maintained as flood vents, and that the elimination or alteration of the openings in any
way will violate the requirements of Article 4, Section B(3).
(11)Obtain the elevation (in relation to mean sea level) of the bottom of the lowest structural
member of the lowest floor (excluding pilings and columns) of all new and substantially
improved structures in Zones V1-30, VE, and V and Coastal AE Zones. The Floodplain
Administrator shall maintain a record of all such information.
(12)Prohibit the use of fill for structural support of buildings or structures and from being
placed or used under the buildings or structures except for minor site grading for drainage
purposes. Nonstructural fill may be used on coastal building sites for minor landscaping
and site grading for drainage purposes to the extent that the fill does not interfere with the
free passage of floodwaters and debris underneath buildings or cause changes in flow
direction during coastal storms. Changes to site grades, other than those prescribed
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above, must be avoided as they can cause damage to buildings on the site or to adjacent
buildings.
The Floodplain Administrator shall approve design plans for landscaping/ aesthetic fill only
after the applicant has provided an analysis by an engineer, architect, and/or soil scientist,
which demonstrates that the following factors have been fully considered:
(a)Particle composition of fill material does not have a tendency for excessive natural
compaction;
(b)Volume and distribution of fill will not cause wave deflection to adjacent
properties; and
(c)Slope of fill will not cause wave run-up or ramping.
(13)Fill placed in coastal zones should be similar (compatible) to the natural soils in the area
and not contain large rocks or debris, organic materials, or clay. Minor site grading is to be
limited to the addition of one to two feet of coastal zone compatible soils. If additional fill
(greater than two feet) or non-compatible soils are to be added to the site, certification by
a professional engineer or architect shall be submitted along with design calculations
demonstrating that no adverse impacts will result to the building. (For guidance, see FEMA
Technical Bulletin #5 “Free of Obstruction Requirements”).
(14)Prohibit man-made alteration of sand dunes and mangrove stands which would increase
potential flood damage.
(15)Prohibit the placement of manufactured homes (mobile homes), except in an existing
manufactured homes park or subdivision. A replacement manufactured home may be
placed on a lot in an existing manufactured home park or subdivision provided the
anchoring and elevation standards of Article 4, Section B(4) are met. All standards from
Article 4, Sections F(1) through F(15) must also be met.
(16)A recreational vehicle placed on a site in a VE Zone must meet all the applicable
requirements for "new construction” in Article 4, Sections A and B including the elevation
and anchoring requirements for manufactured homes, unless it is either:
(a)On the site for fewer than 180 consecutive days, or
(b)Fully licensed and ready for highway use. “Ready for highway use” means that it is
on its wheels or jacking system, has a valid state license tag, is attached to the site
only by quick disconnect type utilities, and has no permanently attached additions.
If a recreational vehicle does not meet the criteria of Article 4, Section E(17)(a) and (b),
then it must meet the requirements in Sections D(2) through D(15) along with all other
provisions for development in this Ordinance.
SECTION G STANDARDS FOR SUBDIVISIONS AND OTHER DEVELOPMENT
All subdivision proposals and other proposed development (including proposals for manufactured
home parks and subdivisions) greater than 50 lots or 5 acres, whichever is the lesser, shall include
within the drawings, plans, and permits for such proposals the following:
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(1)BFE data;
(2)Provisions to minimize flood damage;
(3)Public utilities and facilities such as sewer, gas, electrical and water systems located and
constructed to minimize flood damage;
(4)Adequate drainage provided to reduce exposure to flood hazards without negatively
impacting adjacent properties;
(5)Preliminary plans for review and approval of the platted subdivision which identifies the
Special Flood Hazard Area, floodway boundaries, the BFE, and other areas regulated by the
community;
(6)Final subdivision plats that identify the boundary of the special flood hazard area, the
floodway boundary, the BFEs, and any drainage easements to reduce the risk for flash
flooding;
SECTION H. CRITICAL FACILITIES
Construction of new and substantially improved critical facilities, which are those for which the
effects of even a slight chance of flooding would be too great, shall be located outside the limits of
the SFHA or other flood hazard area regulated by the community. These types of facilities
(hospitals, fire stations, police stations, storage of critical records, etc.) are given special
consideration when formulating regulatory alternatives and floodplain management plans.
Construction of new critical facilities (including the modification of an existing structure not
previously classified as a critical facility) shall be permissible within the SFHA or other area
regulated by the community only if no feasible alternative site is available and access to the
facilities remains available during a 0.2 percent chance flood (a.k.a., 500-year flood).
(1)Critical facilities constructed within the SFHAs shall have the lowest floor elevated three
feet above the BFE at the site (or to the 0.2 percent chance flood elevation whichever is
greater).
(2)Floodproofing and sealing measures must be implemented to ensure that any and all on-
site toxic substances will not be displaced by or released into floodwaters.
(3)Multiple access routes, elevated to or above the 0.2 percent flood elevation, shall be
provided to all critical facilities to the maximum extent possible.
(4)Critical facilities must be protected to or above the 0.2 percent chance flood and must
remain operable during such an event.
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(a)The community’s flood response plan must list critical facilities.
(b)Other facilities in low-risk flood zones that may also be needed to support flood
response efforts must be included on the critical facility list.
(5)The “use” classification of any structure shall not be changed to that of a critical facility,
where such a change in use will render the new critical facility out of conformance with this
section.
ARTICLE 5
VARIANCE PROCEDURES
SECTION A. DESIGNATION OF VARIANCE AND APPEALS BOARD
The Building Code Board of Appeals as established by the City Council of The City of Fairhope,
Alabama shall hear and decide requests for appeals or variance from the requirements of this
Ordinance.
SECTION B. DUTIES OF BOARD
The Board shall hear and decide appeals when it is alleged an error in any requirement, decision,
or determination is made by the Floodplain Administrator in the enforcement or administration of
this Ordinance. Any person aggrieved by the decision of the Building Code Board of Appeals may
appeal such decision to the Fairhope Municipal Court.
SECTION C. CONDITIONS FOR VARIANCES
The provisions of this Ordinance are minimum standards for flood loss reduction, therefore any
deviation from the standards must be weighed carefully. Variances shall only be issued upon a
determination that the variance is the minimum necessary, considering the flood hazard, to afford
relief.
(1) A variance may be issued for new construction and substantial improvements a lot of one-
half acre or less in size, contiguous to and surrounded by lots with existing structures
constructed below the base flood level, in conformance with the procedures of Sections
C(3), C(4), F(1) and F(2) of this Article.
(2) In the instance of a Historic Structure, a determination is required that the variance is the
minimum necessary so as not to destroy the historic character and design of the building.
(3) A variance shall be issued ONLY when there is:
(a)A finding of good and sufficient cause;
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(b)A determination that failure to grant the variance would result in exceptional
hardship (cannot be personal physical or financial hardship); and
(c)A determination that the granting of a variance will not result in increased flood
heights, additional threats to public safety, extraordinary public expense, create
nuisance, cause fraud on or victimization of the public, or conflict with existing local
laws or ordinances.
(4) A variance shall only be issued upon a determination that the variance is the minimum
necessary, considering the flood hazard, to afford relief.
(5) Variances shall not be issued “after the fact.”
SECTION D. VARIANCE PROCEDURES
In reviewing requests for variance, the Building Code Board of Appeals shall consider all technical
evaluations, relevant factors, and standards specified in other sections of this Ordinance, and:
(1) Certain facilities and structures must be located on or adjacent to water in order to
perform their intended purpose, which may result in practical and operational difficulties
due to the physical characteristics of the property. Variances may be issued for
development necessary for conducting of a functionally dependent use, provided the
criteria of this Article are met, no reasonable alternative exists, the development is
protected by methods that minimize flood damage during the base flood, and it creates no
additional threats to public safety.
(2) Variances shall not be issued for any new structure, habitable structure, or a structure
subject to Cumulative Substantial Improvement/Damage within any designated floodway.
(3) Variances may be issued for the construction or substantial improvement of accessory
structures provided it has been determined that the proposed structure:
(a)Represents minimal investment and has low damage potential (amount of physical
damage, contents damage, and loss of function).
(b)Is larger than the size limits specified in Article 4, Section B(7)(i).
(c)Complies with the wet floodproofing construction requirements of Article 4,
Section (B)(3).
(4) Variances may be issued for the construction or substantial improvement of agricultural
structures provided it has been determined that the proposed structure:
(a)Is used exclusively in connection with the production, harvesting, storage, raising,
or drying of agricultural commodities and livestock, or storage of tools or
equipment used in connection with these purposes or uses, and will be restricted to
such exclusive uses.
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(b)Has low damage potential (amount of physical damage, contents damage, and loss
of function).
(c)Does not increase risks and pose a danger to public health, safety, and welfare if
flooded and contents are released, including but not limited to the effects of
flooding on manure storage, livestock confinement operations, liquified natural gas
terminals, and production and storage of highly volatile, toxic, or water-reactive
materials.
(d)Is an aquaculture structure that is dependent on proximity to water if located in a
coastal high-hazard area (Zones V, VE, V1 30, and VO).
(e)Complies with the wet floodproofing construction requirements of Article 4,
Section (B)(3).
(5) The evaluation must be based on the characteristics unique to that property and not be
shared by adjacent parcels. The characteristics must pertain to the land itself, not to the
structure, its inhabitants, or its owners.
(6) Variances should never be granted for multiple lots, phases of subdivisions, or entire
subdivisions.
(7) Careful consideration and evaluation should be given to the following factors:
(a)The danger of life and property due to flooding or erosion damage including
materials that may be swept onto other lands to the injury of others.
(b)The susceptibility of the proposed facility and its contents to flood damage and the
effect of such damage on the individual owner and the community.
(c)The safety of access to the property during flood conditions for daily traffic and
emergency vehicles.
(d)The importance of the services provided by the proposed facility to the community.
(e)The necessity of the facility to be at a waterfront location, where applicable.
(f)The compatibility of the proposed use with existing and anticipated development
based on the community’s comprehensive plan for that area.
(g)If applicable, the expected heights, veloCity, duration, rate of rise, and sediment
transport of the floodwaters and the effects of wave action expected at the site.
(h)The costs associated with providing governmental services to the development
during and after flood conditions, including maintenance and repair of public
utilities and facilities such as sewer, gas, electrical, and water systems, and
community infrastructure such as streets, bridges, and culverts.
Upon consideration of factors listed above, and the purpose of this Ordinance, the Building Code
Board of Appeals may attach such conditions to the granting of variances as it deems necessary to
further the purposes of this Ordinance.
SECTION E. VARIANCES FOR HISTORIC STRUCTURES
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Variances may be issued for the repair or rehabilitation of Historic Structures upon a
determination that the proposed repair or rehabilitation will not preclude the structure's
continued designation as a Historic Structure and the variance is the minimum to preserve the
historic character and design of the structure.
SECTION F. VARIANCE NOTIFICATION AND RECORDS
(1)Any applicant to whom a variance is granted shall be given written notice over the
signature of a community official that specifies the difference between the BFE and the
elevation of the proposed lowest floor and stating that the issuance of such a variance
could:
(a)result in flood insurance rate increases in the hundreds and possibly thousands of
dollars annually depending on structure and site-specific conditions; and
(b)increase the risk to life and property resulting from construction below the base
flood level.
(2)The Floodplain Administrator shall maintain a record of all variance actions and appeal
actions, including justification for their issuance. Report any variances to the Federal
Emergency Management Agency Region 4 and the Alabama Department of Economic and
Community Affairs/Office of Water Resources upon request.
(3)A copy of the notice shall be recorded by the Floodplain Administrator in the Office of the
City Clerk and shall be recorded in a manner so that it appears in the chain of title (i.e.,
deed) of the affected parcel of land.
ARTICLE 6
DEFINITIONS
Unless specifically defined below, words or phrases used in this Ordinance shall be interpreted so
as to give them the meaning they have in common usage and to give this Ordinance its most
reasonable application.
A Zone means the special flood hazard areas on a FIRM without base flood elevations determined.
Administrator means the Administrator of the Federal Emergency Management Agency (FEMA).
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Accessory Structure (also referred to as Appurtenant Structures) means a structure which is
located on the same parcel of property as a principal structure and the use of which is incidental to
the use of the principal structure. Detached garages and small sheds used for limited storage are
considered accessory structures. Other examples of accessory structures include gazebos, picnic
pavilions, boathouses, small pole barns, storage sheds, and similar buildings. An accessory
structure specifically excludes structures used for human habitation.
Addition (to an Existing Building) means any improvement that increases the square footage of a
structure. These include lateral additions added to the front, side, or rear of a structure, vertical
additions added on top of a structure, and enclosures added underneath a structure. NFIP
regulations for new construction apply to any addition that is considered a substantial
improvement to a structure.
AE Zone means the special flood hazard areas on a FIRM with base flood elevations determined.
Agricultural Structure means a walled and roofed structure used exclusively for agricultural
purposes or uses in connection with the production, harvesting, storage, raising, or drying of
agricultural commodities and livestock, including aquatic organisms. Aquaculture structures are
included within this definition. Structures that house tools or equipment used in connection with
these purposes or uses are also considered to have agricultural purposes or uses.
AH Zone means area of special food hazards on a FIRM having shallow water depths and/or
unpredictable flow paths between one (1) and three (3) feet, and with water surface elevations
determined.
AO Zone means an area of special flood hazards on a FIRM having shallow water depths and /or
unpredictable flow paths between one (1) and three (3) feet.
Appeal means a request for a review of the {Appointed Officials} interpretation of any provision of
this Ordinance.
Appurtenant Structure (see definition for Accessory Structure)
AR/AE, AR/AH, AR/AO, and AR/A Zones means an area of special flood hazard on a FIRM that
results from the decertification of a previously accredited flood protection system that is
determined to be in the process of being restored to provide base flood protection.
A99 Zone means an area of special flood hazard on a FIRM where enough progress has been made
on a protective system, such as dikes, dams, and levees, to consider it complete for insurance
rating purposes.
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Area of Future-conditions Flood Hazard means the land area that would be inundated by the 1-
percent-annual-chance (100-year) flood based on future-conditions hydrology.
Area of Shallow Flooding means a designated AO, AH, AR/AO, AR/AH or VO zone on a
community's FIRM with a 1 percent or greater annual chance of flooding to an average depth of
one (1) to three (3) feet where a clearly defined channel does not exist, where the path of flooding
unpredictable, and where veloCity flow may be evident. Such flooding is characterized by ponding
or sheet flow.
Area of Special Flood Hazard (see definition for Special Flood Hazard Area)
Area of Special Flood-related Erosion Hazard means the land within a community which is most
likely to be subject to severe flood-related erosion losses. The area may be designated as Zone E on
the Flood Hazard Boundary Map (FHBM). After the detailed evaluation of the special flood-related
erosion hazard area in preparation for publication of the FIRM, Zone E may be further refined.
Area of Special Mudslide (i.e., mudflow) Hazard area means the land within a community most
likely to be subject to severe mudslides (i.e., mudflows). The area may be designated as Zone M on
the FHBM. After the detailed evaluation of the special mudslide (i.e., mudflow) hazard area in
preparation for publication of the FIRM, Zone M may be further refined.
Base Flood means the flood having a one percent chance of being equaled or exceeded in any
given year (also referred to as the “one percent chance flood”).
Base Flood Elevation (BFE) means the elevation of surface water resulting from a flood that has a
1% chance of equaling or exceeding that level in any given year. The BFE is shown on the FIRM for
zones AE, AH, A1–A30, AR, AR/A, AR/AE, AR/A1– A30, AR/AH, AR/AO, V1–V30 and VE. It is the
regulatory requirement for the elevation of flood proofing of structures. The relationship between
the BFE and a structure’s elevation determines the flood insurance premium.
Basement means any portion of a building having its floor sub grade (below ground level) on all
sides.
Building (also see Structure) means a structure with two or more outside rigid walls and a fully
secured roof that is affixed to a permanent site; a manufactured home or a mobile home without
wheels, built on a chassis and affixed to a permanent foundation, that is regulated under the
community’s floodplain management and building ordinances or laws. “Building” does not mean a
gas or liquid storage tank or a recreational vehicle, park trailer or other similar vehicle.
Community means any State or area or political subdivision thereof, or any Indian tribe or
authorized tribal organization, or authorized native organization, which has authority to adopt and
enforce floodplain management regulations for the areas within its jurisdiction.
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Community Rating System (CRS) means a voluntary program developed by the Federal Insurance
Administration to provide incentives for those communities in the Regular Program that have gone
beyond the minimum floodplain management requirements to develop extra measures to provide
protection from flooding.
Condominium Building means a type of building in the form of ownership in which each unit
owner has an undivided interest in common elements of the building.
Critical Facility (aka, critical action) means facilities or activities for which even a slight chance of
flooding is too great a threat. Typical critical facilities include hospitals, fire stations, police
stations, storage of critical records, and similar facilities. These facilities should be given special
consideration when formulating regulatory alternatives and floodplain management plans. A
critical facility should not be located in a floodplain if at all possible.
Critical Feature means an integral and readily identifiable part of a flood protection system,
without which the flood protection provided by the entire system would be compromised.
Cumulative Substantial Improvement/Damage means any combination of reconstruction,
alteration, or improvement to a building, taking place during a 5-year [or 10-year] period, in which
the cumulative percentage of improvement equals or exceeds 50 percent of the current market
value of the structure before the “start of construction” of the initial improvement. Any
subsequent improvement project costs shall be added to the initial costs for the initial
improvement project. At the end of a 5-year [or 10-year] period from the initial improvement
project, an updated valuation for the structure can be used for the next time period. Damages can
be from any source.
D Zone means an area in which the flood hazard is undetermined.
Dam means an artificial barrier, that has the ability to impound water, wastewater, or any liquid-
borne material, for the purpose of storage or control of water.
Design Flood Elevation (DFE) means the locally adopted regulatory flood elevation. It is the
minimum elevation to which a structure must be elevated or floodproofed. DFE is the sum of the
base flood elevation and freeboard, based a building’s structural category. In areas designated as
Zone AO on a community’s flood map, the DFE is the elevation of the highest existing grade of a
building’s perimeter plus the depth number specified on the flood hazard map. In areas
designated as Zone AO where a depth is not specified on the map, the depth is two feet. In all
cases, the DFE must be at least as high as the base flood elevation.
Developed Area means an area of a community that is:
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a. A primarily urbanized, built-up area that is a minimum of 20 contiguous acres, has basic
urban infrastructure, including roads, utilities, communications, and public facilities, to
sustain industrial, residential, and commercial activities, and
i. Within which 75 percent or more of the parcels, tracts, or lots contain commercial,
industrial, or residential structures or uses; or
ii. Is a single parcel, tract, or lot in which 75 percent of the area contains existing
commercial or industrial structures or uses; or
iii. Is a subdivision developed at a density of at least two residential structures per acre
within which 75 percent or more of the lots contain existing residential structures
at the time the designation is adopted.
b. Undeveloped parcels, tracts, or lots, the combination of which is less than 20 acres and
contiguous on at least 3 sides to areas meeting the criteria of paragraph “a” at the time
the designation is adopted.
c. A subdivision that is a minimum of 20 contiguous acres that has obtained all necessary
government approvals, provided that the actual “start of construction” of structures has
occurred on at least 10 percent of the lots or remaining lots of a subdivision or 10 percent
of the maximum building coverage or remaining building coverage allowed for a single lot
subdivision at the time the designation is adopted and construction of structures is
underway. Residential subdivisions must meet the density criteria in paragraph (a)(iii).
Development means any man-made change to improved or unimproved real estate, including,
but not limited to, buildings or other structures, mining, dredging, filling, grading, paving,
excavation, drilling operations, or storage of equipment or materials.
Elevated Building means, for insurance purposes, a non-basement building which has its lowest
elevated floor raised above ground level by foundation walls, shear walls, pilings, posts, columns,
piers, or shear walls.
Elevation Certificate means a FEMA form used as an administrative tool of the NFIP to provide
building elevation information necessary to ensure compliance with community floodplain
management ordinances, to inform the proper insurance premium, and to support a request for a
LOMA, CLOMA, LOMR-F, or CLOMR-F.
Encroachment means activities or construction within the floodway including fill, new
construction, substantial improvements, and other development.
Existing Construction means, for the purposes of determining rates, structures for which the “start
of construction” commenced before the effective date of the FIRM or before January 1, 1975, for
FIRMs effective before that date. “Existing construction” may also be referred to as “existing
structures”.
Existing Manufactured Home Park or Subdivision means a manufactured home park or
subdivision for which the construction of facilities for servicing the lots on which the
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manufactured homes are to be affixed (including at a minimum the installation of utilities, the
construction of streets, and final site grading or the pouring of concrete pads) is completed before
the effective date of the original floodplain management regulations adopted by the community.
Expansion to an Existing Manufactured Home Park or Subdivision means the preparation of
additional sites by the construction of facilities for servicing the lots on which the manufactured
homes are to be affixed, including the installation of utilities, the construction of streets, and
either final site grading or the pouring of concrete pads.
Fair Market Value means the price that the seller is willing to accept and the buyer is to pay on the
open market and in an arm's length transaction.
Flood or Flooding means:
a. A general and temporary condition of partial or complete inundation of normally dry land
areas from:
i. The overflow of inland or tidal waters.
ii. The unusual and rapid accumulation or runoff of surface waters from any source.
iii. Mudslides which are proximately caused by flooding as described in part “b.” of this
definition and are akin to a river of liquid and flowing mud on the surfaces of
normally dry land areas, as when earth is carried by a current of water and
deposited along the path of the current.
b. The collapse or subsidence of land along the shore of a lake or other body of water as a
result of erosion or undermining caused by waves or currents of water exceeding
anticipated cyclical levels or suddenly caused by an unusually highwater level in a natural
body of water, accompanied by a severe storm, or by an unanticipated force of nature,
such as flash flood or an abnormal tidal surge, or by some similarly unusual and
unforeseeable event which results in flooding as defined in paragraph “a” of this
definition.
Flood Damage-Resistant Material means any building product capable of withstanding direct and
prolonged contact with floodwaters without sustaining significant damage. Prolonged contact is
defined as at least 72 hours. Significant damage is any damage requiring more than low-cost
cosmetic repair (such as painting).
Flood Elevation Determination means a determination by the Federal Insurance Administrator of
the water surface elevations of the base flood, that is, the flood level that has a one percent or
greater chance of occurrence in any given year.
Flood Elevation Study means an examination, evaluation, and determination of flood hazards and,
if appropriate, corresponding water surface elevations, or an examination, evaluation, and
determination of mudslide (i.e., mudflow) and/or flood-related erosion hazards.
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Flood Hazard Boundary Map (FHBM) means an official map of a community, issued by the Federal
Insurance Administration, where the boundaries of special flood hazard areas have been
designated as Zones A, M, and/or E.
Flood Insurance Rate Map (FIRM) means an official map of a community, on which the Federal
Insurance Administrator has delineated both the special hazard areas and the risk premium zones
applicable to the community. A FIRM that has been made available digitally is called a Digital
Flood Insurance Rate Map (DFIRM).
Flood Insurance Study (see Flood Elevation Study)
Floodplain (or Flood-Prone Area) means any land area susceptible to being inundated by water
from any source (see definition of Flooding).
Floodplain Management means the operation of an overall program of corrective and preventive
measures for reducing flood damage, including but not limited to emergency preparedness plans,
flood control works, and floodplain management regulations.
Floodplain Management Regulations means this Ordinance and other zoning ordinances,
subdivision regulations, building codes, health regulations, special purpose ordinances (such as
those for floodplain management, stormwater management, watershed management, grading/
earthwork, and erosion control), and other applications of police power. This term describes state
or local regulations in any combination thereof, which provide standards for the purpose of flood
damage prevention and reduction.
Floodproofing means any combination of structural and nonstructural additions, changes or
adjustments to structures, which reduce or eliminate risk of flood damage to real estate or
improved real property, water and sanitation facilities, structures, and their contents.
Flood Protection System means those physical structural works for which funds have been
authorized, appropriated, and expended and which have been constructed specifically to modify
flooding in order to reduce the extent of the area within a community subject to a “special flood
hazard” and the extent of the depths of associated flooding. Such a system typically includes
hurricane tidal barriers, dams, reservoirs, levees or dikes. These specialized flood modifying works
are those constructed in conformance with sound engineering standards.
Flood-related Erosion means the collapse or subsidence of land along the shore of a lake or other
body of water as a result of undermining caused by waves or currents of water exceeding
anticipated cyclical levels or suddenly caused by an unusually high water level in a natural body of
water, accompanied by a severe storm, or by an unanticipated force of nature, such as a flash flood
or an abnormal tidal surge, or by some similarly unusual and unforeseeable event which results in
flooding.
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Flood-related Erosion Area or Flood-related Erosion Prone Area means a land area adjoining the
shore of a lake or other body of water, which due to the composition of the shoreline or bank and
high water levels or wind-driven currents, is likely to suffer flood-related erosion damage.
Flood-related Erosion Area Management means the operation of an overall program of corrective
and preventive measures for reducing flood-related erosion damage, including but not limited to
emergency preparedness plans, flood-related erosion control works, and flood plain management
regulations.
Floodway (see definition for Regulatory Floodway)
Floodway Fringe (or Flood Fringe) means the portion of the Special Flood Hazard Area outside of
the floodway, which experiences shallower, lower-veloCity floodwater than in the floodway. It
serves as a temporary floodwater storage area during a flood.
Floodway Encroachment Lines mean the lines marking the limits of floodways on Federal,
State and local flood plain maps.
Freeboard means a factor of safety usually expressed in feet above a flood level for purposes
of flood plain management. “Freeboard” tends to compensate for the many unknown factors
that could contribute to flood heights greater than the height calculated for a selected size
flood and floodway conditions, such as wave action, bridge openings, and the hydrological
effect of urbanization of the watershed.
Functionally Dependent Use means a means a use which cannot perform its intended purpose
unless it is located or carried out in close proximity to water. The term includes only docking
facilities, port facilities that are necessary for the loading and unloading of cargo or passengers,
and ship building and ship repair facilities, but does not include long-term storage or related
manufacturing facilities.
Future-conditions Flood Hazard Area, or Future-conditions Floodplain (see Area of Future-
conditions Flood Hazard)
Future-conditions Hydrology means the flood discharges associated with projected land-use
conditions based on a community's zoning maps and/or comprehensive land-use plans and without
consideration of projected future construction of flood detention structures or projected future
hydraulic modifications within a stream or other waterway, such as bridge and culvert
construction, fill, and excavation.
Hazardous Substance (or Material) means any substance or material that, when involved in an
accident and released in sufficient quantities, poses a risk to people’s health, safety, and/or
property. These substances and materials include explosives, radioactive materials, flammable
liquids or solids, combustible liquids or solids, poisons, oxidizers, toxins, and corrosive materials. It
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includes any substance defined as a hazardous substance pursuant to 42 U.S.C. §9601(14) or listed
as a hazardous waste pursuant to the Hazardous Wastes Management Act, Section 22-30-1 et seq.
and the regulations promulgated thereunder.
Highest Adjacent Grade means the highest natural elevation of the ground surface, prior to
construction, next to the proposed walls of a structure.
Historic Structure means any structure that is:
a.Listed individually in the National Register of Historic Places (a listing maintained by the
U.S. Department of Interior) or preliminarily determined by the Secretary of the Interior
as meeting the requirements for individual listing on the National Register:
b.Certified or preliminarily determined by the Secretary of the Interior as contributing to the
historical significance of a registered historic district or a district preliminarily determined
by the Secretary to qualify as a registered historic district:
c.Individually listed on a state inventory of historic places and determined as eligible by
states with historic preservation programs which have been approved by the Secretary of
the Interior; or
d.Individually listed on a local inventory of historic places and determined as eligible by
communities with historic preservation programs that have been certified either:
i. By an approved state program as determined by the Secretary of the Interior, or
ii. Directly by the Secretary of the Interior in states without approved programs.
Increased Cost of Compliance (ICC) means a claim under a standard NFIP flood insurance policy,
available to flood insurance policyholders who need additional funding to rebuild after a flood. It
provides up to $30,000 to help cover the increased cost of mitigation measures to bring a building
into compliance with the latest state or local floodplain management ordinances. Acceptable
mitigation measures are elevation, floodproofing, relocation, and demolition, or any combination
of these measures.
Letter of Map Change (LOMC) is an official FEMA determination, by letter, to amend or revise
effective Flood Insurance Rate Maps, Flood Boundary and Floodway Maps, and Flood Insurance
Studies. LOMC’s are broken down into the following categories:
a. Letter of Map Amendment (LOMA)
An amendment based on technical data showing that a property was incorrectly included
in a designated SFHA, was not elevated by fill (only by a natural grade elevation), and will
not be inundated by the one percent chance flood. A LOMA amends the current
effective FIRM and establishes that a specific property is not located in a SFHA.
b. Letter of Map Revision (LOMR)
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A revision based on technical data that, usually due to manmade changes, shows changes
to flood zones, flood elevations, floodplain and floodway delineations, and planimetric
features. One common type of LOMR, a LOMR-F, is a determination concerning whether
a structure or parcel has been elevated by fill above the BFE and is, therefore, excluded
from the SFHA.
c. Conditional Letter of Map Revision (CLOMR)
A formal review and comment by FEMA as to whether a proposed project complies with
the minimum NFIP floodplain management criteria. A CLOMR does not revise effective
Flood Insurance Rate Maps, Flood Boundary and Floodway Maps, or Flood Insurance
Studies.
Lowest Adjacent Grade means the lowest elevation of the natural or regraded ground surface, or
structural fill (or concrete slab or pavement), at the location of a structure.
Lowest Floor means the lowest floor of the lowest enclosed area (including basement). An
unfinished or flood resistant enclosure, used solely for parking of vehicles, building access, or
storage, in an area other than a basement, is not considered a building's lowest floor, provided
that such enclosure is not built so as to render the structure in violation of other provisions of this
Ordinance. This definition applies even when the floor below ground level is not enclosed by full-
height walls.
Manufactured Home means a structure, transportable in one or more sections, which is built on a
permanent chassis and is designed for use with or without a permanent foundation when
attached to the required utilities. The term “manufactured home” does not include a
“recreational vehicle”.
Manufactured Home Park or Subdivision means a parcel (or contiguous parcels) of land divided
into two or more manufactured home lots for rent or sale.
Market Value (see definition for Fair Market Value)
Mean Sea Level means, for purposes of the National Flood Insurance Program, the National
Geodetic Vertical Datum (NGVD) of 1929 or other datum, to which base flood elevations shown on
a community's Flood Insurance Rate Map are referenced.
Mixed Use Building means a building that has both residential and non-residential uses.
National Flood Insurance Program (NFIP) is a federal program created by the United States
Congress in 1968 to identify flood-prone areas nationwide and make flood insurance available for
properties in participating communities. Communities must enact and enforce floodplain
management regulations that meet or exceed the criteria established by FEMA in order to
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participate in the program. This program requires properties within the floodplain with a federally
backed or regulated mortgage, or those that receive federal housing subsidies, to buy flood
insurance.
National Geodetic Vertical Datum (NGVD) of 1929 means a national standard reference datum for
elevations, formerly referred to as Mean Sea Level (MSL) of 1929. NGVD 1929 may be used as the
reference datum on some Flood Insurance Rate Maps (FIRMs).
New Construction means, for the purposes of determining insurance rates, structures for which
the “start of construction” commenced on or after the effective date of an initial FIRM or after
December 31, 1974, whichever is later, and includes any subsequent improvements to such
structures. For floodplain management purposes, new construction means structures for which
the start of construction commenced on or after the effective date of a floodplain management
regulation adopted by a community and includes any subsequent improvements to such
structures.
An existing building is considered to be new construction if it is substantially improved or once it
has been repaired after being substantially damaged/improved.
New Manufactured Home Park or Subdivision means a manufactured home park or subdivision
for which the construction of facilities for servicing the lots on which the manufactured homes are
to be affixed (including at a minimum, the installation of utilities, the construction of streets, and
either final site grading or the pouring of concrete pads).
Non-Residential Building means, a commercial or mixed-use building where the primary use is
commercial or non-habitational.
Non-residential Property means either a non-residential building, the contents within a non-
residential building, or both.
North American Vertical Datum (NAVD) of 1988 means the vertical control datum established for
vertical control surveying in the Unites States of America based upon the General Adjustment of
the North American Datum of 1988. It replaces the National Geodetic Vertical Datum (NGVD) of
1929. Used by FEMA in many recent Flood Insurance Studies as the basis for measuring flood,
ground, and structural elevations.
Post-FIRM means, for floodplain management purposes, a post-FIRM building is one for which
construction began after the effective date of a community’s NFIP-compliant floodplain
management ordinance. For the purpose of determining flood insurance rates under the NFIP, a
post-FIRM building is a building for which construction began on or after the effective date of an
initial Flood Insurance Rate Map or after December 31, 1974, whichever is later, including any
subsequent improvements to such structures.
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Pre-FIRM means, for floodplain management purposes, a building for which the start of
construction occurred before the effective date of the community’s NFIP-compliant floodplain
management ordinance. For the purpose of determining flood insurance rates under the NFIP, a
pre-FIRM building is a building for which construction began prior to the effective date of an initial
Flood Insurance Rate Map or on or before December 31, 1974, whichever is later.
Recreational Vehicle means a vehicle which is:
a.Built on a single chassis;
b.400 square feet or less when measured at the largest horizontal projection;
c.Designed to be self-propelled or permanently towable by a light duty truck; and
d.Designed primarily not for use as a permanent dwelling but as temporary living quarters
for recreational, camping, travel, or seasonal use.
Regular Program means the Program authorized by the Act under which risk premium rates are
required for the first half of available coverage (also known as “first layer” coverage) for all new
construction and substantial improvements started on or after the effective date of the FIRM, or
after December 31, 1974, for FIRM's effective on or before that date. All buildings, the
construction of which started before the effective date of the FIRM, or before January 1, 1975, for
FIRMs effective before that date, are eligible for first layer coverage at either subsidized rates or
risk premium rates, whichever are lower. Regardless of date of construction, risk premium rates
are always required for the second layer coverage and such coverage is offered only after the
Administrator has completed a risk study for the community.
Regulatory Floodway means the channel of a river or other watercourse and the adjacent land
areas that must be reserved in order to discharge the base flood without cumulatively increasing
the water surface elevation more than a designated height.
Remedy a Violation means to bring the structures or other development into full or partial
compliance with State or local regulations or, if this is not possible, to reduce the impacts of its
non-compliance. Ways that impacts may be reduced include protecting the structure or other
affected development from flood damages, implementing the enforcement provision of the
ordinance or otherwise deterring future similar violations, or reducing Federal financial exposure
with regard to the structure or other development.
Repetitive Loss Agricultural Structure means an agricultural structure covered by a NFIP contract
for flood insurance that has incurred flood-related damage on two (2) separate occasions in which
the cost of repair, on the average, equaled or exceeded 25 percent of the value of the structure at
the time of each such flood event.
Repetitive Loss Property means any NFIP-insured single family or multi-family residential building
for which two or more claims of more than $1,000 were paid by the NFIP within any rolling 10-
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year period, since 1978. A repetitive loss property may or may not be currently insured by the
NFIP.
Residential Building means a non-commercial building designed for habitation by one or more
families or a mixed-use building that qualifies as a single-family, two-to-four family, or other
residential building.
Residential Property means either a residential building or the contents within a residential
building, or both.
Riverine means floodplain relating to, formed by, or resembling a river (including tributaries),
stream, brook, etc. Riverine floodplains have readily identifiable channels.
Section 1316 means Section 1316 of the National Flood Insurance Act of 1968, as amended, which
provides for the denial of flood insurance coverage for any property which the Administrator finds
has been declared by a duly constituted State or local authority to be in violation of State or local
floodplain management regulations. Once a duly constituted State or local authority declares a
structure as being in violation, the Administrator must deny flood insurance coverage provided
that the individual or office making the declaration has the authority to do so and that the law or
regulations violated was, in fact, intended to discourage or otherwise restrict land development or
occupancy in the flood-prone area.
Section 1316 was intended for use primarily as a backup for local enforcement actions (i.e., if a
community could not force compliance through the enforcement mechanisms in its regulations, it
could use Section 1316 as additional leverage) and was not intended merely as a mechanism to
remove bad risks from the policy base. Section 1316 will only be implemented in instances where
States or communities submit declarations specifically for that purpose.
Severe Repetitive Loss Structure means a single family property (consisting of 1 to 4 residences)
that is covered under flood insurance by the NFIP and has incurred flood-related damage for which
4 or more separate claims payments have been paid under flood insurance coverage, with the
amount of each claim payment exceeding $5,000 and with cumulative amount of such claims
payments exceeding $20,000; or for which at least 2 separate claims payments have been made
with the cumulative amount of such claims exceeding the reported value of the property.
Sheet Flow Area (see definition for Area of Shallow Flooding)
Single-family Dwelling means either (a) a residential single-family building in which the total floor
area devoted to non-residential uses is less than 50 percent of the building's total floor area, or (b)
a single-family residential unit within a two-to-four family building, other-residential building,
business, or non-residential building, in which commercial uses within the unit are limited to less
than 50 percent of the unit's total floor area.
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Page | 54
Special Flood Hazard Area (SFHA) means the land in the floodplain within a community subject to
a one percent or greater chance of flooding in any given year as shown on a FHBM or FIRM as
Zones A, AE, AH, AO, AR, AR/AE, AR/AO, AR/AH, AR/A, A99, or VE. The SFHA is the area where the
National Flood Insurance Program's (NFIP's) floodplain management regulations must be enforced
and the area where the mandatory purchase of flood insurance applies.
Start of Construction (for other than new construction or substantial improvements under the
Coastal Barrier Resources Act (Pub. L. 97-348)) means the date the development or building
permit was issued (includes substantial improvement), provided the actual start of construction,
repair, reconstruction, or improvement was within 180 days of the permit date. The actual start
means the first placement of permanent construction of the structure (including a manufactured
home) on a site, such as the pouring of slabs or footings, installation of piles, construction of
columns, or any work beyond the stage of excavation, and includes the placement of a
manufactured home on a foundation.
“Permanent construction” does not include initial land preparation, such as clearing, grading and
filling; nor does it include the installation of streets and/or walkways; nor does it include
excavation for a basement, footings, piers or foundations or the erection of temporary forms; nor
does it include the installation on the property of accessory buildings, such as garages or sheds not
occupied as dwelling units or part of the main structure. For a substantial improvement, the actual
start of construction means the first alteration of any wall, ceiling, floor, or other structural part of
a building, whether or not that alteration affects the external dimensions of the building.
Structure means, for floodplain management purposes, a walled and roofed building, including a
liquid or gas storage tank, that is principally above ground, as well as a manufactured home. The
terms "structure" and "building" are interchangeable in the NFIP. For insurance purposes,
structure means:
(1) A building with two or more outside rigid walls and a fully secured roof, that is affixed to a
permanent site;
(2) A manufactured home (“a manufactured home,” also known as a mobile home, is a
structure: built on a permanent chassis, transported to its site in one or more sections,
and affixed to a permanent foundation); or
(3) A travel trailer without wheels, built on a chassis and affixed to a permanent foundation,
that is regulated under the community's floodplain management and building ordinances
or laws.
For the latter purpose, “structure” does not mean a recreational vehicle or a park trailer or other
similar vehicle, except as described in paragraph (3) of this definition, or a gas or liquid storage
tank.
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Page | 55
Substantial Damage means damage of any origin sustained by a structure whereby the cost of
restoring the structure to it before damaged condition would equal or exceed 50 percent of the
market value of the structure before the damage occurred.
Substantial Improvement means any reconstruction, rehabilitation, addition, or other
improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of
the structure before the “start of construction” of the improvement. This term includes structures
which have incurred “repetitive loss” or “substantial damage”, regardless of the actual repair work
performed. The term does not, however, include either:
a.Any project for improvement of a structure to correct existing violations of state or
local health, sanitary, or safety code specifications which have been identified by the
local code enforcement official and which are the minimum necessary to assure safe
living conditions (provided that said code deficiencies were not caused by neglect or
lack of maintenance on the part of the current or previous owners) or;
b.Any alteration of a “historic structure”, provided that the alteration will not preclude
the structure’s continued designation as a “historic structure”.
Variance means a grant of relief by the (Community name) from the terms of a floodplain
management regulation.
Violation means the failure of a structure or other development to be fully compliant with the
community's floodplain management regulations. A structure or other development without the
elevation certificate, other certifications, or other evidence of compliance required in the Code of
Federal Regulations (CFR) §44, Sec. 60.3(b)(5), (c)(4), (c)(10), (d)(3), (e)(2), (e)(4), or (e)(5) is
presumed to be in violation until such time as that documentation is provided.
Watercourse means only the channel and banks of an identifiable watercourse and not the
adjoining floodplain areas. The flood carrying capacity of a watercourse refers to the flood
carrying capacity of the channel.
Water surface elevation means the height, in relation to the National Geodetic Vertical Datum
(NGVD) of 1929 (or other datum, where specified) of floods of various magnitudes and frequencies
in the floodplains of coastal or riverine areas.
Wet floodproofing means a method of construction that involves modifying a building to allow
floodwaters to enter it in order to minimize damage to the building, using flood damage-resistant
materials below the DFE throughout the building, raising utilities and important contents to or
above the DFE, installing and configuring electrical and mechanical systems to minimize
disruptions and facilitate repairs, installing flood openings or other methods to equalize the
hydrostatic pressure exerted by floodwaters, and, where required, installing pumps to gradually
remove floodwater from basement areas after the flood.
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Page | 56
Wet floodproofing shall not be utilized as a method to satisfy the requirements of this Ordinance
for bringing substantially damaged or improved structures into compliance. Wet floodproofing is
not allowed in lieu of complying with the lowest floor elevation requirements for new residential
buildings.
X Zones (shaded) means the areas on a FIRM subject to inundation by the flood that has a 0.2-
percent chance of being equaled or exceeded during any given year, often referred to the as 500-
year flood.
X Zones (unshaded) designates areas on a FIRM where the annual probability of flooding is less
than 0.2 percent.
Zone of Imminent Collapse means an area subject to erosion adjacent to the shoreline of an
ocean, bay, or lake and within a distance equal to 10 feet plus 5 times the average annual long-
term erosion rate for the site, measured from the reference feature.
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Page | 57
ARTICLE 7
LEGAL STATUS PROVISIONS TO BE FORMATTED BY FAIRHOPE CITY CLERK FOR ADOPTION
SECTION A. SEVERABILITY
If any section, clause, sentence, or phrase of this Ordinance is held to be invalid or
unconstitutional by any court of competent jurisdiction, then said holding shall in no way effect
the validity of the remaining portions of this Ordinance.
SECTION B. ENFORCEABILITY OF ORDINANCE AND FUTURE REVISIONS
The provisions within this Ordinance must be legally enforceable; applied uniformly throughout
the community to all privately and publicly owned land within any regulated flood hazard areas;
meet the minimum standards set forth in §60.3 of the Code of Federal Regulations Title 44; and
the community must provide that the provisions of this Ordinance take precedence over any less
restrictive conflicting local laws, ordinances, or codes.
If the City of Fairhope, Alabama repeals its floodplain management regulations, allows its
regulations to lapse, or amends its regulations so that they no longer meet the minimum
requirements set forth in §60.3 of the Code of Federal Regulations Title 44, it shall be suspended
from the National Flood Insurance Program (NFIP). The community eligibility shall remain
terminated after suspension until copies of adequate floodplain management regulations have
been received and approved by the Federal Insurance Administrator. To avoid such occurrences,
the City of Fairhope, Alabama will coordinate with the Alabama NFIP State Coordinator and FEMA
Regional Office prior to any revisions to this Ordinance. Without prior approval of the Federal
Insurance Administrator, the community shall not adopt and enforce revised floodplain
management regulations.
From time-to-time Part 60 of the Code of Federal Regulations Title 44 may be revised to advance
flood risk reduction measures as experience is acquired under the NFIP and new information
becomes available. The City of Fairhope, Alabama agrees to revise its floodplain management
Ordinance to comply with any such changes within six months from the effective date of any new
federal regulation.
SECTION C. EFFECTIVE DATE
This ordinance shall take effect upon its due adoption and publication as required by law.
APPROVED AND ADOPTED THIS 21ST DAY OF MARCH 2024
________________________________
Page 78 of 417
Page | 58
Corey Martin, Council President
ATTEST:
_______________________________
Lisa A. Hanks, MMC
City Clerk
APPROVED AND ADOPTED THIS 21ST DAY OF MARCH 2024
________________________________
Sherry Sullivan, Mayor
I hereby certify that this is a true and correct copy of the Floodplain Development Ordinance as
adopted by the Governing Body of the City of Fairhope, Alabama, on the 21st day of March 2024.
WITNESS my hand and the official seal of the City of Fairhope, Lisa A. Hanks, City Clerk, this the
______ day of ________________, 20___
_____________________________________ {seal}
(signature)
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CITY OF FAIRHOPE
AGENDA MEMORANDUM Item ID: 2024-290
FROM: Lisa Hanks, CITY CLERK
Hunter Simmons
Richard Johnson, CITY ENGINEER
SUBJECT: Annexation - City of Fairhope property, multiple contiguous parcels in
Fairhope, Alabama: Nature Park parcel, Flying Creek Nature
Reserve House parcel, and others. PPINS: 210294, 11744, 007497,
222828, and 031457.
AGENDA
DATE:
March 21, 2024
RECOMMENDED ACTION:
Adopt and Annex City of Fairhope property.
BACKGROUND INFORMATION:
City property outside the City limits but contiguous.
BUDGET IMPACT/FUNDING SOURCE:
Account No. Account Title Current Budget Cost Available
Budget
$___ $___ ($____)
GRANT:
LEGAL IMPACT:
FOLLOW UP IMPLEMENTATION:
For time-sensitive follow up, select deadline date for follow up:
Individual(s) responsible for follow up:
Action required (list contact persons/addresses if documents are to be mailed or
Page 99 of 417
emailed):
Page 100 of 417
ORDINANCE NO. ______
WHEREAS, CITY OF FAIRHOPE, the owner of the hereinafter described property, did,
in writing, petition the City of Fairhope, a municipal corporation, for annexation under
Section 11-42-21 of the Code of Alabama, 1975, as amended; and
WHEREAS, a map of said property is attached to said Petition as an exhibit; NOW,
THEREFORE
BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE,
ALABAMA, that the following described property, lying contiguous to the corporate limits
of the City of Fairhope, Alabama; and not within the corporate limits or the police
jurisdiction of any other municipality; be and the same is hereby annexed to the City of
Fairhope, Alabama, to-wit:
Property is located at Multiple Locations
LEGAL DESCRIPTION:
Parcel 1:
Tax Parcel ID: 46-08-28-0-000-001.005 PPIN: 210294
Commence at a Railroad Spike Marker the Northeast Corner of Section 28, Township,
Township 6 South, Range 2 East, Saint Stephens Meridian and run Thence North 89
degrees 44 minutes 52 seconds West, along the North line of Section 28, for a distance of
235.00 feet; thence run South 00 degrees 08 minutes 09 seconds West for 40.0 feet to a
point on the South right -of-way of Baldwin County Highway No. 44 (AKA Twin Beech
Road) for a Point of Beginning: Thence continue South 00 degrees 08 minutes 09 seconds
West for 428.98 feet to an Iron Pin Marker; thence run South 89 degrees 38 minutes 05
seconds East for 170.01 feet to a point on the West right -of-way of Baldwin County
Highway No. 13; thence run S 00 degrees 08 minutes 09 seconds West for 72.60 feet to an
Iron Pin Marker at the Northeast Corner of lands heretofore leased to the Methodist Church;
thence run North 89 degrees 43 minutes 10 seconds West for 208.96 feet to an Iron Pin
Marker; thence run South 00 degrees 09 minutes 13 secon ds West for 70.97 feet to an Iron
Pin Marker; thence run South 45 degrees 53 minutes 48 seconds East for 122.34 feet to an
Iron Pin Marker; thence run South 89 degrees 36 minutes 53 seconds East for 120.93 feet
to an Iron Pin Marker on the West right-of-way of Baldwin County Highway No. 13;
thence run South 00 degrees 08 minutes 09 seconds West, along said right -of-way, for
562.21 feet to a 4" x 4" Concrete Monument; thence continuing along said right -of-way, run
South 02 degrees 59 minutes 53 seconds West for 200.25 feet to a 4" x 4" Concrete
Monument; thence continuing along said right-of-way, run South 00 degrees 08 minutes 09
seconds West for 272.00 feet to a point on the North line of lands now or formerly of
McKinley; thence departing said right -of-way, run North 89 degrees 37 minutes 57 seconds
West for 384.13 feet to an old 4" x 4" Concrete Marker; thence run North 00 degrees 47
minutes 00 seconds East for 416.92 feet to an old 4" x 4" Concrete Marker; thence run
North 89 degrees 34 minutes 15 seconds West for 524.98 feet to an Iron Pin Marker; thence
run North 89 degrees 38 minutes 00 seconds West for 370.83 feet to an old 4" x 4"
Concrete Marker at the Southeast corner of lands of Wayne; thence run North 00 degrees
43 minutes 03 seconds East for 1272.05 f eet to an Iron Pin Marker on the south margin of
Twin Beech Road; thence run South 89 degrees 44 minutes 52 seconds East, along said
road, for 1,102.30 feet to the point of beginning. Tract contains 38.71 acres, more or less,
and lies in the Northeast ¼ of the Northeast ¼ of Section 28, Township 6 South, Range 2
East, Baldwin County, Alabama.
The lands hereinabove described are the same lands described as Parcel B in that City of
Fairhope Ordinance No. 1224 dated August 9th, 2004, recorded at Instrument No . 1006541
in the Office of the Judge of Probate, Baldwin County, Alabama, less road rights-of-way
and less a 0.66 acre tract heretofore leased to Fairhope United Methodist Church for sole
purpose of Boy Scout Troop No. 47, as recorded at Instrument No. 1008644 in the Office of
the Judge of Probate, Baldwin County, Alabama.
Together with, all and singular, the rights, benefits, privileges, improvements, tenements,
hereditaments, and appurtenances unto the same belongi ng or in any wise appertaining.
Page 101 of 417
Ordinance No. ____
Page -2-
Parcel 2:
Tax Parcel ID: 46-03-08-0-000-005.004 PPIN: 11744
Beginning at a point which bears South 47 degrees 50 minutes 11 seconds East, 795 .58 feet
from the Southwest corner of Charbon Wood Subdivision, Map Book 5, Page 244, Baldwin
County, Alabama (and which also bears North 27 degrees 09 minutes 20 seconds East, 260.88
feet from Station No. 91 of the Alabama Geodetic Survey, Coordinates Alabama West Zone X =
374,802.76 feet, Y = 200,330.44 feet); thence run North 17 degrees 11 minutes East, 170 feet,
North 64 degrees 49 minutes West, 275 feet, more or less, to the center of Fly Creek; thence run
Westerly along the center of Fly Creek 200 feet, more or less, to the East boundary of Baldwin
County Highway 11 (formerly U.S. 98); thence run Southeasterly along Baldwin County
Highway 11, 150 feet, more or less, to a point which bears North 87 degrees 49 minutes West
from the Point of Beginning; thence run South 87 degrees 49 minutes East, 225 feet, more or
less to the Point of Beginning, said parcel lying in Section 8, Township 6 South, Range 2 East
and bounded on the West by Baldwin County Highway 11, and on the North by Fly Creek.
Parcel 3:
Tax Parcel ID: 46-09-30-0-000-028.001 PPIN 007497
From the Northwest corner of Section 30, Township 6 South, Range 2 East, run N 89°22' East,
1652 feet; according to survey by Claude W. Arnold recorded November 20, 1971 in Deed
Book 256, Page 105, Probate Office, Baldwin County Courthouse; thence run N 89 °22' East
along Section line 287 feet; thence run South 60 feet to the South right of way line of Twin
Beach Road to the Point of Beginning: thence run South 111.44 feet to a point; thence run W est
50 feet to a point; thence run North 111.44 feet to the S outh right of way line of said Twin
Beach Road; thence run along said right of way East 50 feet to the Point of Beginning,
containing .13 acres, more or less, in Sect. 30, T6S, R2E, of Baldwin County, Alabama.
SUBJECT HOWEVER, TO:
Right of way granted to Baldwin County filed for record on February 24, 1975 in Deed Book
473, Page 310.
Parcel 4:
Tax Parcel ID: 46-05-21-0-000-016.013 PPIN 222828
Beginning at an Iron Pin at the Northea st Corner of Lot 7 of Southside Business Park a s
Recorded on Slide File 1601-B, in the Office of the Judge of Probate, Baldwin County,
Alabama, and run thence South 89°54'00” West, 210.00 Feet to an Iron Pin; Thence Run North
00°33’45” West, along the East Right-of-way Line of U.S. Highway No. 98, 50.00 Feet; Thence
Run North 89°54’00” East, 210.00 Feet; Thence Run South 00°33’44” East, 50.00 Feet to the
Point of Beginning.
Parcel 5:
Tax Parcel ID: 46-04-19-3-000-001.000 PPIN: 031457
All land lying East and Northeast of the Eastern Boundaries of the Lots in the unrecorded
subdivision known as “Nelson’s Knoll”, South of the center of Bighead Gully, and West of the
East boundary of the Northeast Quarter of the South west Quarter (or Government Lot 3) of
Fractional Section 19 of Township Six South, Range Two East, according to the Dinsmore
Survey of said Township; said property being more specifically described as follows, to-wit:
From an old iron pipe corner marker long accepted as the Southeast Corner of the North Half of
the Northeast Quarter of the Southwest Quarter of Fractional Section 19, Townsh ip 6 South,
Range 2 East, (which point is approximately 22 feet West of the true East Boundary of
Government Lot 3 of said Section 19), run North 02 ° 10’ West along the East line of Lot 2 of
said Nelson’s Knoll Subdivision, a distance of 206.3 feet; thence run North 00° 02’ East, 16.78
feet, for a POINT OF BEGINNING; Thence run North wardly, Northwestwardly, etc., along the
eastern and northern boundaries of the Northernmost lots in said subdivision until the Nelson
North boundary intersects the center of Bighead Gully; then run Southeastwardly along the
center of Bighead Gully to the North boundary of said Government Lot 3; then ce run East to the
Northeast Corner of said Government Lot 3; thence run South along the East line of said Lot 3 a
Page 102 of 417
Ordinance No. ____
Page -3-
distance of 485 feet more or less to a point situated South 80° 22’ East from the Point of
Beginning; thence run North 80° 22’ West, 36 feet, more or less, to the Point of Beginning.
Meaning and intending to describe hereby all property that G rantor may have any interest in
Eastward and Northward of said subdivision, South of the center-line of Bighead Gully, and
lying West of the North-South Half-Section Line of Section 19, Township 6 South, Range 2
East, according to the Dinsmore Survey, in Baldwin County, Alabama. Tract contains 1 acre,
more or less.
This property shall be zoned R-1, Low Density Single-Family Residential District.
BE IT FURTHER ORDAINED that a certified copy of this Ordinan ce, with a copy of the
Petition and the exhibit, be recorded in the Office of the Probate Judge, Baldwin County,
Alabama.
This Ordinance shall take effect immediately upon its due adoption and publicatio n as
required by law.
ADOPTED THIS 21ST DAY OF MARCH, 2024
______________________________
Corey Martin, Council President
ATTEST:
______________________________
Lisa A. Hanks, MMC
City Clerk
ADOPTED THIS 21ST DAY OF MARCH, 2024
______________________________
Sherry Sullivan, Mayor
Page 103 of 417
ST ATE OF ALABAMA
COUNTY OF BALDWIN
CITY OF FAIRHOPE
P.O. DRAWER 429
FAIRHOPE, AL 36533
251/928-2136
PETITION FOR ANNEXATION
)(
)(
We, the undersigned PETITIONER(S), owner(s) of the land s in fee simple described in the
attached EXHIB IT A , such property being without the Corporate Limits of the City of Fairhope,
Alabama, but being contiguou s to the said Corporate Limits; and such property not lying within
the corporate limits or police jurisdiction of any other municipality, do, by these presents, hereby
petition the City of Fairhope, a municipal corporation, that said property be annexed into the City
of Fairhope, Alabama.
The subject land is delineated on the map attached hereto as EXHIBIT B that will be prepared by
the City of Fairhope to verify property is contiguous.
This petition is filed under authori ty of Section 11-42-21 , Code of Alabama, 1975 , as amended.
~ This petition is for R-1 Zoning
□ The condition of the Petition is that zoning be established as _______ _
Concurrent with An ne xa tion. (Zoning Request)
Is thi s property colony proper ty ___ Yes X No. If this property is colony
r erty, the~ir ?ri~ Sing~e Tax Office mu st sign as a petitioner .
-~ ~C~i=ty~o=f~F~a=ir=h=o.,,_p~e_-=S=h=erry"'--'-=S-=ul=li~v-=an=---
Petitioner Print petitioner's name
Signature of Petitioner Print petitioner 's name
Signature of Petitioner Print petitioner's name
Physical Address of property being annexed: _______________ _
Petitioner 's Current Physica l Address:
161 North Section Street
Fairhope, AL 36532
Petiti o ner 's Current Mai ling Address:
P . 0 . Drawer 429
Fairhope, AL 36533
Telephone Number(s): ------------------------Home Work
Tax Parcel ID Number: 46-08-28-0-000-00l .005 , Size of Property: _____ _
46-03-08-0-000-005 .004 , 46-09-30-0-000-0 28.00 1, 46-05-21-0-000-016.013 , 46-04-19-3-000-001.000 ,
46-05-21-0-000-03 l .002
Page 104 of 417
Petition for Annexation
Page -2-
I, Li:r""" /I, g tUtb a Notary Pub he in and fo, said State and County,
hereby certify th~ S 7rrySullivan, Mayor whose name(s) is /are signed to the
forgoing Petition and who is/are known to me, this day appeared before me and, being first duly
,,..,.-sworn , acknowledge that he /she/they ha ve vol u ntarily executed thi s Petition on this day same .,,
, 1 , Miff~ ,date.
\\I / / / ,,,'~l':Y ... '~ ,,,, .. . /
,'.~_ . ...-··..f.<i•Gf~en under m y Hand and Seal th 1 ~,,,._-a of , 20 J LI> ,
'l>c' • .,, ••• , -~ -: l1 .~ ·., -
/ C: ,I Q \?"'::
[ CD (~e~ • -
My commission expires ~~~-~---._.~ .......... .t .... , __ _
I, ______________ a Notary Public in and for said State and County , hereb y
certify that _____________ whose name(s) is /are signed to the forgoing
Petition and who is /are known to me, thi s day appeared before me and , being first duly sworn ,
acknowledge that he/she/they have vo luntari ly executed this Petition on this day same bears date .
Gi ven under m y Hand and Seal this ___ day of ____ _, 20 __ ,
(Seal)
Notary P ub lic
M y commi ss ion expires ________ _
I, ______________ a Notary Public in and for said State and County , hereb y
certify that _____________ whose name(s) is /are s igned to the forgoing
Petition and who is /are known to me, this day appeared before me and , being first duly sworn ,
acknowledge that he/sh e/they have vo luntari ly executed this Petition on thi s day same bears date.
Gi ven under my Hand and Seal this ___ day of _____ , 20 __ ,
(Seal)
Notary Public
My commiss ion expires ________ _
Page 105 of 417
FAIRFIELD DRLAKE VIEW CT
COUNTY RD 13AIDAN STDARRAHSTTWIN BEECH RD
Exhibit A:Parcel 1Parcel ID: 05-46-08-28-0-000-001.005PPIN: 210294
Legend
RoadZoningDistrictR-1 - Low Density Single-FamilyR-3 - High Density Single-FamilyParcelsPlanning Jurisdiction
^
µ
Page 106 of 417
M
A
I
N
S
TSEACLIFFDRCHARBON DR
Exhibit A:Parcel 2Parcel ID: 05-46-03-08-0-000-005.004PPIN: 11744
Legend
RoadZoningDistrictPUD - Planned Unit DevelopmentR-1 - Low Density Single-FamilyParcels
^
µ
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TWIN BEECH RD
HEARD RD
HEARDRD WI
L
SO
N
L
N
Exhibit A:Parcel 3Parcel ID: 05-46-09-30-0-000-028.001PPIN: 007497
Legend
RoadZoningDistrictTR - Tourist ResortParcels
^
µ
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GREENO RDSPRING LAKE DR
CARTER LN
CYPRESS LN
SPRING L A K E D RCYPRESS LN
Exhibit A:Parcel 4Parcel ID: 05-46-05-21-0-000-016.013PPIN: 222828
Legend
RoadZoningDistrictB-2 - General Business DistrictR-1 - Low Density Single-FamilyR-3PGH - Patio/Garden Single-FamilyR-3TH - Townhouse Single FamilyR-6 - Mobile Home Park DistrictParcels
^
µ
Page 109 of 417
NELSON DR S CHURCH STLIBE
R
T
Y
R
D
Exhibit A:Parcel 5Parcel ID: 05-46-04-19-3-000-001.000 PPIN: 031457
Legend
RoadZoningDistrictR-1 - Low Density Single-FamilyR-2 - Medium Density Single-FamilyR-3 - High Density Single-FamilyParcels
^
µ
Page 110 of 417
CITY OF FAIRHOPE
AGENDA MEMORANDUM Item ID: 2024-291
FROM: Lisa Hanks, CITY CLERK
Hunter Simmons
SUBJECT: Annexation - City of Fairhope and Fairhope Single Tax Corporation
property - 103350 County Road 48, Fairhope, Alabama. PPINS:
211345, 248115, 248116, 257617, and 77864.
AGENDA
DATE:
March 21, 2024
RECOMMENDED ACTION:
Adopt and Annex City of Fairhope and Fairhope Single Tax Corporation property.
BACKGROUND INFORMATION:
City of Fairhope and Fairhope Single Tax Corporation property contiguous but not in
City limits.
BUDGET IMPACT/FUNDING SOURCE:
Account No. Account Title Current Budget Cost Available
Budget
$___ $___ ($____)
GRANT:
LEGAL IMPACT:
FOLLOW UP IMPLEMENTATION:
For time-sensitive follow up, select deadline date for follow up:
Individual(s) responsible for follow up:
Action required (list contact persons/addresses if documents are to be mailed or
emailed):
Page 111 of 417
ORDINANCE NO. ______
WHEREAS, CITY OF FAIRHOPE AND FAIRHOPE SINGLE TAX
CORPORATION, the owners of the hereinafter described property, did, in writing, petition
the City of Fairhope, a municipal corporation, for annexation under Section 11 -42-21 of the
Code of Alabama, 1975, as amended; and
WHEREAS, a map of said property is attached to said Petition as an exhibit; NOW,
THEREFORE
BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE,
ALABAMA, that the following described property, lying contiguous to the corporate limi ts
of the City of Fairhope, Alabama; and not within the corporate limits or the police
jurisdiction of any other municipality; be and the same is hereby annexed to the City of
Fairhope, Alabama, to-wit:
Property is located at 10335 County Road 48, Fairhope, Alabama.
LEGAL DESCRIPTION:
Tax Parcel ID:46-04-14-0-000-001.640 PPIN: 211345
46-06-14-0-000-001.796 248115
46-06-14-0-000-001.797 248116
46-06-14-0-000-001.801 257617
46-06-14-0-000-001.547 77864
Commencing at the Southeast corner of Lot 8, of the Resubdivision of Lot 3 of Blueberry
Orchard, Unit 3 as per its plat record on Slide 2067 -F in the Judge of Probate’s Office,
Baldwin County, Alabama, run South 89 °55’47” West, 196.21 feet to an iron pin for the
Point of Beginning; thence run North 00°02’24” East, 100.00 feet to a po int; thence run
North 89°57’43” West, 75 feet to a point; thence run North 00°04’54” East, 366.57 feet to
an iron pin; thence run North 89 °58’14” East, 63.10 feet to a point in the center of a
drainage ditch; thence run South 42°41’43” East, along said center of ditch, 183.50 feet to a
point; thence run South 28 °35’46” East, along said center of ditch, 46.08 feet to a point;
thence run South 33 °55’56” West, 206.36 feet to an iron pin; thence run South 00°02’24”
West, 120.24 feet to an iron pin; thence run South 89°55’47” West, 20 feet to the Point of
Beginning. Subject to a drainage easement over and across the easterly end thereof.
Together with a 40 foot Ingress, Egress, and Utility easement described as follows:
Commencing at the Southeast corner of Lot 8, of the Resubdivision of Lot 3 of Blueberry
Orchard, Unit 3 as per its plat record on Slide 2067 -F in the Judge of Probate’s Office,
Baldwin County, Alabama, run South 89 °55’47” West, 136.21 feet to an iron pin for the
Point of Beginning; thence continue South 89°55’47” West, 40 feet to an iron pin; thence
run North 00°02’24” East, 120.24 feet to an iron pin; thence run North 33°55’56” East,
71.73 feet to a point; thence run South 00°02’24” West, 179.70 feet to the Point of
Beginning.
SUBJECT, HOWEVER, TO THE FOLLOWING:
1. Terms and conditions of the 99 year lease from Fairhope Single Tax Corporation.
2. Any assessments that may be due to the City of Fairhope, Alabama.
3. Building setback lines and drainage and utility easements as s et forth on Slide File
2067-F, in the Probate Office of Baldwin County, Alabama.
4. Restrictive covenants and conditions pertaining to the us e and occupancy of the
property as contained on plat of said subdivision recorded on Slide File 2067 -F, in
the Probate Office of Baldwin County, Alabama.
Page 112 of 417
Ordinance No. _____
Page -2-
This property shall be zoned R-1, Low Density Single-Family Residential District.
BE IT FURTHER ORDAINED that a certified copy of this Ordinance, with a copy of the
Petition and the exhibit, be recorded in the Office of the Probate Judge, Baldwin County,
Alabama.
This Ordinance shall take effect immediately upon its due adoption and publicatio n as
required by law.
ADOPTED THIS 21ST DAY OF MARCH, 2024
______________________________
Corey Martin, Council President
ATTEST:
______________________________
Lisa A. Hanks, MMC
City Clerk
ADOPTED THIS 21ST DAY OF MARCH, 2024
______________________________
Sherry Sullivan, Mayor
Page 113 of 417
ST ATE OF ALABAMA
COUNTY OF BALDWIN
CITY OF FAIRHOPE
P.O. DRAWER 429
FAIRHOPE, AL 36533
251/928-2136
PETITION FOR ANNEXATION
)(
)(
We, the undersigned PETITIONER(S), ow ner(s) of the lands in fee simple described in the
attached EXHIBIT A, such property being without the Corporate Limit s of the Cit y of Fairhope ,
Alab ama , but being contiguous to the said Corporate Limits; and such property not lying within
the corporate limit s or police juri sdiction of any ot her municipality , do, by these presents, hereby
petition the City of Fairhope , a municipal corporation, tha t said property be annexed into the City
of Fairhope , Alabama .
The subject land is delineated on the map attached hereto as EXHIBIT B that will be prepared by
the City of Fairhope to verify property is contiguous .
This petition is fi led under authority of Section 11-42-21 , Code of Alabama , 1975 , as amended .
Ni This petition is for R-1 Zoning
D The condition of the Petition is that zoning be established as _______ _
Concurrent with Annexation. (Zoning Request)
Is this property colony property x Yes ___ No. If this property is colony
hope Single Tax Office must sign as a petitioner .
'
Signature of Petitioner
Signature of Petitioner
Physical Address of property being annexed :
Petitioner's Current Physical Address:
161 North Section Street
Fairhope, AL 36532
Telephone Number(s):
Home
City of Fairhope -Sherry Su lli van
Print petitioner 's name
Fairhope Single Tax Corporation -
Print petitioner's name
Print petitioner 's name
----------------
Petitioner 's C urrent Mailing Add ress :
P. 0. Drawer 429
Fairhope, AL 36533
Work
Tax Parcel ID Number: 46-06 -1 4-0-000-00l.640, Size of Property: _____ _
46-06-14-0-000-001 .797 , 46-06-14-0-000-001 .796 , 46-06-14-0-000-00 I .80 I , 46-06-14-0-000-00 I .547
Page 114 of 417
Petition for Annexation
Page -2-
I, L ;.s l).-11. ~K.5 a Notary Public in and for said State and County,
hereby certify that Sherry Sullivan, Mayor whose name(s) is /are signed to the
forgoing Petition and who is /are known to me, this day appeared before me and , being first duly
sworn, acknowledge that he /she/they have vo luntarily executed this Petition on thi s day same
bears date.
My commission expires ~~c..,~,,___,~_.-+¼-.Liw2 ... ~-----
I, ______________ a Notary Public in and for said State and County, hereby
certify that ____________ whose name(s) is /are signed to the forgoing
Petition and who is /are known to me , this day appeared before me and, being first duly sworn,
acknowledge that he/she/they have voluntarily executed this Petition on this day same bears date.
Given under my Hand and Seal this ___ day of _____ , 20 __ ,
(Seal)
Notary Public
My commission expires ________ _
Page 115 of 417
77864
248116
211345
248115
257617
COUNTY RD 48
Exhibit AParcel: 1Parcel ID: 05-46-04-14-0-000-001.640 PPIN: 211345Parcel ID: 05-46-06-14-0-000-001.797 PPIN: 248116Parcel ID: 05-46-06-14-0-000-001.796 PPIN: 248115Parcel ID: 05-46-06-14-0-000-001.801 PPIN: 257617Parcel ID: 46-06-14-0-000-001.547 PPIN: 77864
Legend
RoadZoningDistrictR-1 - Low Density Single-FamilyR-2 - Medium Density Single-FamilyParcels
^
µ
Page 116 of 417
CITY OF FAIRHOPE
AGENDA MEMORANDUM Item ID: 2024-279
FROM:Hunter Simmons, PLANNING AND ZONING MANAGER
SUBJECT:Public Improvements Old Battles Village, Phase 6
AGENDA
DATE:
March 21, 2024
RECOMMENDED ACTION:
That the public improvements indicated herein for Old Battles Village, Phase 6, are
hereby accepted for Public Maintenance subject to the Bond posted; and authorizes
Mayor Sherry Sullivan to execute the Maintenance and Guaranty Agreement between
the City of Fairhope and 68V OBV 2020, LLC.
BACKGROUND INFORMATION:
BUDGET IMPACT/FUNDING SOURCE:
Account No.Account Title Current Budget Cost Available
Budget
$___$___($____)
GRANT:
LEGAL IMPACT:
FOLLOW UP IMPLEMENTATION:
For time-sensitive follow up, select deadline date for follow up:
Individual(s) responsible for follow up:
Action required (list contact persons/addresses if documents are to be mailed or
emailed):
Page 117 of 417
RESOLUTION NO. _______
WHEREAS, the Owners of Old Battles Village Phase 6 desire to have all public streets
and public right-of-ways dedicated on the plat filed for record in the Probate Records of
Baldwin County, Alabama, on Slide 2936-C, and all Fairhope public utilities located in
public right-of-ways accepted for maintenance by the City of Fairhope, Alabama, and;
WHEREAS, the City of Fairhope, Alabama, has received notice from the engineers of
the project that the design and capacity of the public improvements have been designed in
conformance with City requirements, and;
WHEREAS, the Public Works Director has indicated that the improvements meet City
requirements, and;
WHEREAS, the City of Fairhope, Alabama, has received from the owners of Old Battles
Village Phase 6, maintenance bonds for the public improvements constructed for a period
of 2 years, and;
NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF FAIRHOPE, ALABAMA that the public improvements indicated herein for
Old Battles Village Phase 6 are hereby accepted for public maintenance subject to the
bond posted; and authorizes Mayor Sherry Sullivan to execute the Maintenance and
Guaranty Agreement between the City of Fairhope and 68V OBV 2020, LLC (the
“Subdivider”).
BE IT FURTHER RESOLVED this resolution of acceptance shall not obligate the City
of Fairhope to maintain any utility or drainage facilities outside the limits of the right-of-
way of the public streets, or any irrigation systems installed within the right-of-way of
public streets, whether or not such may be located within dedicated easements in any of
these developments.
Adopted this 21st day of March 2024
_____________________________
Corey Martin,
Council President
Attest:
______________________________
Lisa A. Hanks, MMC
City Clerk
Page 118 of 417
MA INTENANCE AND GUARAN TY AGREEMENT
THIS MAINTENANCE AND GUARANTY AGREEMENT (this "Agreement") is made
and entered into by and between 68 V OB V 20 20, LLC (the "Sub-divider"), and the City of
Fairhope, Alabama (the "C ity of Fairhope ") (the "City") (the Sub-divider, and the City are
sometimes hereinafter referred to singu lar ly as a "Party " and co ll ectively as the "Parties"), on the
following recitals , terms , and conditions :
WHEREAS , the Sub-divider is the developer of OLD BATTLES VILLAGE PH. 6 (the
"Subdivision"), which Subdiv ision is recorded as Instrument Number z.,oq~ in the records of
the Office of the Judge of Probate of Baldwin County , Alabama;
WHEREAS , it is contemp lated that prior to the City accepting for maintenance those
ce1tain items set forth on Ex hibit "A" attached hereto (the "Improvements"), the Sub-divider will
be responsible for maintaining the Improvements for a period of two (2) years (the "Maintenance
Period") from and after the Effective Date (hereinafter defined), and that the Improvements will
be free from defects arising during the Maintenance Period , or thereafter in certain circumstances
as specified in this this Agreement;
NOW, THEREFORE, in consideration of the premises and the mutual covenants contained
herein , the receipt, adequacy and sufficiency of which are hereby acknowledged , the parties hereto ,
intending to be legally bound , do hereby covenant and agree as follows:
l . Recitals. The above recita ls shall be included as part of this Agreement as
nece ssary contingencies and as if fully set forth herein.
2 . Maintenance and Guaranty of Improvements . The Sub-divider shall maintain the
Improvements during the Maintenance Period and shall keep the Improvements in good and
working order, normal wear and tear excepted . The Sub-divider hereby guarantees and warrants
the Improvements and the workmanship associated with the construction and installation of the
Improvements until the expiration of the Maintenance Period, and thereafter as specified below.
In the event any defect in the Improvements and/or the workmanship associated with the
construction and in stallation of the Improvements (a "Defect") arises , in whole or in part, during
the Maintenance Period , the Sub-divider s hall be re s ponsible correcting the same . During the
Maintenance Period the Sub-di vi der shall monitor and inspect the Improvements and shall remedy
any Defect of which it in any manner becomes aware within ten days of becoming so aware , except
that in the event a Defect is not capable of being remedied within said ten-day period, the Sub-
divider shall have such time as is reasonably necessary to remedy such Defect so long as the Sub-
divider has com menced its remedial efforts w it h in such ten-day period and pursues comp letion of
such remedia l efforts with due di l igence . Not less than 30 days or more than 60 days before
expiration of the Maintenance Period the Sub-divider sha ll schedule with the City's Bui lding
Official , or his design ee , a joint inspection of the Improvements by the Sub-divider and City . The
City will give the Sub-divider a Notice of Defects identified as a resu lt of such inspection within
15 days of the inspection . Any and all Defect(s) so identified by the City shall be remedied by th e
Sub-divider within ten days of the Notice of Defects , except that in the event a Defect is not capable
of being remedied within said ten-day period , the Sub-divider shall have such time as is reasonably
Maintenance and Guarant ee Agreemen t
Page 1 of 5
Page 119 of 417
necessary to remedy such Defect so long as the Sub-divider has commenced its remedial efforts
within such ten-day period and pursues comp letion of such remedial efforts with due diligence.
However, any and all Defects identified by the City shall be complete ly remedied, to the complete
satisfaction of the City, prior to acceptance of the Improvements by the City . Additiona ll y, in the
event other Defects arise after expiration of the Maintenance Period , but prior to a ll Defects
identified by the City in the otice of Defects being completely remedied by the Sub-divider, the
Sub-divider shall be responsible for remedying such other Defect(s), in like manner as set forth
above, prior to the City accepting the Improvements . It is the intent of this Agreement that there
be no Defect(s) in the Improvements at the time the City accepts the same.
3. Financial Guaranty of Performance . As a condition to the City agreeing to enter
into this Agreement, the Sub-divider shall provide the City with an acceptable surety/financial
guarantee of the payment and performance of its obligations hereunder (the "Guaranty"). The
Guaranty shall be provided by a surety and shall be in a form that is acceptable to the City in its
sole and absolute discretion and shall be in an amount of$ 229,165.80 . In the event the foregoing
condition precedent is not satisfied within ~A-\,\ (3c) days of the Effective Date, the
obligation of the City to accept the Improvements f~r maintenance under Section 4 hereof shall
terminate and be of no further force or effect.
4. City to Accept Improvements for Maintenance. Upon expiration of the
Maintenance Period, and provided that the Sub-divider has fully performed under this Agreement,
the City shall accept maintenance of the Improvements.
5. Failure to Perform. In the event the Sub-divider shall fail in whole or in part to
perform any term, covenant or conditi on of this Agreement or in the event of a Defect (a
"Default"), the City may issue a written notice of default to the Sub-divider (a " otice of Default").
If the Sub-divider has not cured the Default within ten (10) days of its receipt of the Notice of
Default, the City shall have the right to take any or all of the following actions :
(a) complete/remedy any Default, including , wi thout limitation, the right to cure any
Defect, at the sole cost and expense of the Sub-divider;
(b) call on or otherwise exercise its rights under the Guaranty ; and/or
( c) exercise any other right or remedy available to the City at law or in equity, including
the right to pursue and obtain specific performance.
In the event the City exercises any of the foregoing rights and expends any funds in connection
therewith, the Sub-divider shall reimburse the City for any such expended funds within ten (10)
days of demand for such funds by the City. Any funds not so reimbursed by the Sub-divider within
said ten (10) day period shall thereafter accrue interest at the rate of twelve percent (12%) per
annum .
6. Legal Compliance. The Sub-divider shall, at its own expense , comply with all
applicable laws , ordinances , regulations , rules and orders , whether federal , state or local , or any
regulation of any governmental body having jurisdiction over the Subdivision or the Sub-divider
Maintenance and Guarantee Agreement
Page 2 of 5
Page 120 of 417
with respect to the maintenance and repair of the Improvements , regardless of when they become
effective . The Sub-divider shall not use , nor permit the use of the Improvements for any purpose
in violation of such laws , regulations, rules or orders . The Sub-divider represents and warrants to
the City that the Sub-divider is acting with full and legal authority with respect to the
Improvements .
7 . Indemnification . The Sub-divider shall indemnify , defend and hold harmless the
City and its affiliates , elected officials , employees, agents , representatives , contractors ,
subcontractors , licensees and invitees from and against any and all claims , violations of law ,
demands , liabilities, damages , losses ,judgments , costs , and expenses including, without limitation ,
attorneys ' fees, arising out of or otherwise related to any approval or activity conducted by, or any
act or omission of, the Sub-divider made or taken pursuant to this Agreement.
8. Responsibility For Agents. The Sub-divider shall be responsible for compliance
by its engineers , architects , contractors , subcontractors , employees , agents , and representatives
(collectively , the "Representatives") with the terms of this Agreement and for all acts or omissions
by any or all of the Representatives relating to the obligations of the Sub-divider herein .
9. No Assignment. The Sub-divider shall not have the right to assign this Agreement
or an y rights or obligations hereunder without the City 's prior written consent, which consent may
be withheld in the so le and absolute discretion of the City. Any attempted assignment shall be
void . No assignment shall relieve the Sub-divider of its liabilities and obligations herein .
10. Agency . It is neither the express nor the implied intent of the Parties to create an
agency relationship pursuant to this Agreement ; therefore , any actions of the Parties shall not be
cons idered or implied to create such agency .
11 . No Waiver. The failure of the City to insist upon a strict performance of any of the
te rm s, conditions and covenants herein shall not be deemed a waiver of any subsequent breach or
default in the terms , conditions and covenants herein contained.
12. Entire Agreement. This Agreement embodies the entire agreement and
understanding of the Parties with respect to the construction of the Improvements and there are no
further or prior agreements or understandings , written or oral , in effect between the Parties relating
to the subject matter hereof.
13. No Endorsement. The City in no way whatsoever is deemed to have approved ,
provided , given , or allowed to be given any authorization , endorsement, approval , or consent of
the business practices , actions or behavior of the Sub-divider. This Agreement, and/or the
procedures approving the same , is no way to be considered as a substitute for any regulations ,
procedure or other requirement of the City . It is the sole responsibi l ity of the Sub-divider to comply
or to e nsure its own compliance with any local , state , or federal law or regulation.
14 . Governing Law . This Agreement shall be governed by and construed in accorda nce
with the laws of the State of Alabama , without regard to its conflicts of law principles.
Maintenan ce and Guarantee Agreem ent
Page 3 of 5
Page 121 of 417
15. Attorney's Fees . In the event the City initiates litigation or any other legal
proceeding for purposes of enforcing its rights , duties and obligations hereunder and is the
prevailing party in any such litigation or other legal proceeding, the City shall be entitled to the
recove1y of its attorney's fees in addition to any other remedy provided hereunder.
16 . Counterparts . This Agreement may be executed in one or more counterparts and by
the different parties hereto under separate counterparts , any one of which need not contain the
signatures of more than one party , but all of which when taken together shall constitute one and
the same instrnment notwithstanding that all parties have not signed the same counterpart hereof.
17. Headings. The section headings contained in this Agreement are inserted as a
matter of convenience and shall not affect in any way the construction of the te1ms of this
Agreement.
18 . Effective Date . As used herein, the term "Effective Date" means the date of
execution of this Agreement by the Mayor of the City as set forth below .
IN WIT ESS WHEREOF, the Parties, having full authority to do so , have fully executed
this Agreement by and through their respective duly authorized representatives as of the last date
of execution below .
Maintenan ce and Guarantee Agreem ent
Page 4 of 5
Page 122 of 417
ATTEST:
City Clerk
Maintenance and Guarante e Agree ment
By : 68V ZZOBV 2020 LLC
Name : --------
As Its: MM)f(..aev
Date : Ma ,vd/\ (p I dO~
THE CITY OFF AIRHOPE, ALABAMA
By:-----------------
As It s Mayor
Date : --------------
Page 5 of 5
Page 123 of 417
I Dew berry· Dewbe rry Eng ineer s Inc
25353 Fnends h 1p Road
Dap hne . AL 36526
251 990.9950
251 990.9910 fax
www d evv b er ry com
OLD BATTLES VILLAGE PH. 6
All roadways, storm drain system, water system and sewer system infrastructure installed within
the rights of way within the subdivision, see attached unit price bond estimate.
UNIT
ITEM NO. DESCRIPTION UNIT QUANTITY PRICE AMOUNT
GRADING & DRAINAGE
18" REINFORCED CONCRETE PIPE, 431 25 ,799.66 1 CLASS 3 LF 59.86
24" REINFORCED CONCRETE PIPE , 1 ,095 80,340.15 2 CLASS 3 LF 73.37
30" REINFORCED CONCRETE PIPE, 65 5 ,894 .20 3 CLASS 3 LF 90 .68
4 TYPE S-1 INLET TON 3 4 ,920 .80 14,762.40
5 TYPE S-2 INLET EA 6 5,580 .80 33 ,484.80
6 YARD INLET AC 2 3,900 .80 7,801 .60
7 DRAINAGE JUNCTION BOX SY 1 4,630 .10 4 ,630 .10
SEEDING , FERTILIZING, & 1.5 4,125 .00 8 MULCHING EACH 2 ,750 .00
9 4" OF TOPSOIL FROM STOCKPILE EACH 1.5 6 ,100 .00 9 ,150.00
SUB-TOTAL GRADING & DRAINAGE $ 187,897.11
ROADWAYS
BITUMINOUS CONCRETE WEARING 4 ,250 10 .81 45 ,942 .50
11 SURFACE , ALDOT 424-A, 125 LBS/SY LF
TYPE 'A'-2'-6" CONCRETE VALLEY 3 ,685 15.40 56 ,749 .00 12 GUTTER LF
TYPE 'D'-6" CONCRETE RIBBON 50 24.20 1,210 .00 13 CURB EA
14 CONCRETE SIDEWALK, 5' WIDE LF 3 ,640 33 .00 120,120.00
15 CONCRETE HANDICAP RAMP EA 12 1,100 .00 13,200 .00
16 STOP SIGN W/POST EA 2 347 .00 694.00
17 STREET NAME SIGN EA 2 249 .87 499 .74
18 "NO OUTLET" SIGN W/POST EA 2 282 .10 564 .20
19 WETLAND BUFFER SIGN EA 7 224.90 1 ,574 .30
20 END OF ROADWAY BARRICADE EA 2 2,500.00 5,000 .00
SUB-TOTAL ROADWAYS : $ 245,553.74
WATER SYSTEM
21 8" PVC WATER MAIN LF 1,680 50 .21 84,352 .80
22 8" DUCTILE IRON PIPE LF 36 50 .21 1,807 .56
8" M . J . GATE VALVE WITH 8,210 .00 23 MEGALUGS EA 5 1,642.00
24 8" x 8" M.J. TEE WITH MEGALUGS EA 2 822 .50 1,645 .00
25 8" M.J . 22 .5 DEGREE BEND EA 2 624.50 1,249 .00
26 8" M.J . 11 .25 DEGREE BEND EA 1 624 .50 624.50
27 8" M .J. PLUG EA 2 631 .60 1,263.20
28 WATER SERVICE EA 35 1,426.00 49,910 .00
Mai ntenan ce and Guaran tee Agree ment
Exhibit A
Page 124 of 417
Dewberry· Dewberry Engineers Inc; 251 990 9950
25353 Fnendsh1p Road 251 990 9910 fax
Daphne. AL 36526 www dewberry com
FIRE HYDRANT ASSEMBLY I I 26,292.50
29 (INCLUDES TEE, VALVE & HYDRANT) EA 5 5,258.50
SUB-TOTAL WATER SYSTEM : $ 175 354.56
SEWER SYSTEM
30 8" PVC GRAVITY SEWER 6' • 8' CUT LF 217 44 .91 9 ,745.47
31 8" PVC GRAVITY SEWER 8' • 10' CUT LF 822 49 .91 41 ,026 .02
32 8" PVC GRAVITY SEWER 10' -12' CUT LF 538 51 .91 27 ,927.58
PRECAST CONCRETE MANH OLE , 6' • 7,680.80 33 8' EA 2 3,840.40
PRECAST CONCRETE MANH OLE , 8' • 23,132.00 34 10' EA 5 4,626.40
35 SEWER LATERAL (GRAVITY) EA 33 1,380 .87 45 ,568.71
SUB-TOTAL SEWER SYSTEM : $ 155,080.58
TOTAL: $ 763 ,885.99
I certify the above estimate to be true and correct to the best of my knowledge .
The City of Fairhope requires a 2 year maintenance bond at 30% = $229,165.80.
~
on Estes,PE
sociate Vice President
Business Unit Manager
JE/db
Maintenance and Guarantee Agreement
SEAL
Exhibit A
Page 125 of 417
MAINTENANCE BOND
USE BLACK IN K ONLY
SURETY 'S BOND NUMBER PB125677-00202
The PRINCIPAL (Name and address of Subdivider as appear in the Construction Contract)
68V OBV 2020 , LLC
707 Belrose A venue
Daphne , AL 36526
The SURETY
Philadelphia Indemnity Insurance Company
223 S. West Street, STE 900
Raleigh, NC 27603 (508-341-1500}
The CITY City of Fairhope, A labama
Attn: Planning and Zoning Director
555 South Section Street
Fairhope , Alabama 3653 2
The PENAL SUM of this Bond: Two Hundred and Twenty-Nine Thousand, One hundred and
Sixty-Five Dollars & 80 /1.00 ($229,165.80).
Name and date of the CONTRACT : Maintenance and Guaranty Agreement dated_ day of
______ ,202
The PROJECT: Old Battle Village (OBV) Phase 6 -All roadways, storm drain
systems, water system and sewer system infrastructure installed within the right of way
within the subdivision.
1. WE, THE PRINCIPAL {hereinafter "Subdivider") AND THE SURETY, jointly and
severally , hereby bind ourselves , our heirs, executors, administrators, successors , and
assigns to the City in the Penal Sum stated above for the performance of the Contract,
which is incorporated herein by reference. If the Subdivider performs the Contract, then
this obligation shall be null and void ; otherwi se it shall remain in full force and effect.
2. Whenever the Subdi vider fails to perform any term or condition or other obligation of the
Contract, the City , acting through any agent of the City, shall have the right to give the
Subdivider and the Surety , at their addresse s stated above , a written Notice to Default.
J () '2..){ • oL tl ~@mRW IB lffi
!~t NOV 2 8 7073 l\))
Y \..)2:> B : ...................... . Page 126 of 417
3. The Surety 's obligation under this Bond becomes effective after the Surety 's receipt of a
Notice of Default. Upon the Surety's receipt of a Notice of Default, the Surety shall , at
its expense:
(a) Immediately take charge of the work required of the Subdivider by the Contract
(the "Work") and be responsible for the safety , security, and protection of th e
Work , including materials and equipment stored on and off the Project site , and
(b) Within fourteen (14) days after the Surety's receipt of the Notice of Default,
proceed, or provide the City with written verification that satisfactory positive
action is in process to facilitate proceeding promptly, to complete the Work in
accordance with the Contract, either with the Surety's resources or through a
contract between the Surety and a qualified contractor to whom the City has no
reasonable objection.
4. The Surety shall neither require, nor be entitled to , any agreements or conditions other
than those of this Bond and the Contract. In taking charge of and completing the Work,
the Surety shall assume all rights and obligations of the Subdivider under the Contract.
The presence or possibility of a claim by the Surety against the Subdivider shall not be
just cause for the Surety to fail or refuse to promptly take charge of and complete the
Work.
5. Nothing contained in this Bond shall be construed to mean that the Surety shall be liable
to the City for an amount exceeding the Penal Sum of this Bond, except in the event that
the Surety should be in default under the Bond by failing or refusing to take charge of
and complete the Work pursuant to Paragraph 3. If the Surety should fail or refuse to
take charge of and complete the Work, the City shall have the authority to take charge of
and complete the Work, or have it completed, and the following costs to the City shall be
recoverable under this Bond:
(a) the cost of completing the Subdivider's responsibilities under the Contract,
including correction of any defective work thereunder;
(b) additional design , engineering, managerial , and administrative serv1ces , and
reasonable attorneys' fees incident to completing the Work ;
( c) interest on, and the cost of obtaining, funds to necessary to cover the costs of
completing the Work; and
( d) additional design, engineering, managerial, and administrative services, and
reasonable attorneys' fees incident to ascertaining and collecting the City 's losses
under the Bond.
2
Page 127 of 417
6. This Bond and th e rights and duti es of the parties hereunder shall be governed by and
construed in accordance with the laws of the State of Alabama without regard to its
conflicts of law principles .
7. This bond is in effect for two (2) years from the date of the executed Maintenance
Agreement.
SIGNED AND SEALED this
ATTEST:
Counters igned by
4th
Alabama Resident Agent for Surety:
By ___________ _
Charlie Dodson
ame
29000 Hwy 98, BLDG C, STE 201
Daphne,AL36526
Address
day of January , 2024 .
SUBDIVIDER as PRINCIPAL:
By __ ....,__..._,_--4="~--++------
Wi \\ l--owc,i
amc and Title
SURETY:
Insurance Company _
Michael Quarella /Attorney-in-Fact __ _
Name a nd T itle "•• ... ,.,.,.
\
Philadelphia Indemnity Insurance Company
223 S . West Street, STE 900
\ }
Raleigh, NC 27603 :,-., ........... ,.~
508-341-1500
3
Page 128 of 417
PHILADELPHI A INDEMNl TY INSURANCE COMP ANY
One Bala Pl aza , Suit e I 00
Bala Cynwyd , PA 19004-0950
Power o f Atto rn ey
KNOW ALL PERSONS BY THESE PRESENT S: That Pl-TlLAD ELPIDA INDEM NlTY INSURANCE COMPANY (the Compan y), a corporation organ ized and
existing un der the laws of th e Commonwea lth of Penn sy lvania , does hereby co nstitute and appoi nt Danny Ouare ll a and Michael Quarella of Vigi lant In surance
Partners. Ra leigh NC. its tru e an d lawtiJI Attorn ey-in-fac t with foll a uth orit y to execute on its behal f bond s, und ertak ing s, recognizances and other contracts of
indemnity and writings o bli gatory in the nature thereof, issued in the course of its bu si ness and to bind th e Com pan y th ereby, in an amount not to exceed $50,000,00 0.
This Power of Attorney is granted and is s igned and sea led by facsimile under and by the auth ority of th e following Resolution adopted by the Board of Directors of
PH ILADELPHIA IND EMNITY INSURAN CE COMPANY on th e J4'hof ovemb er, 2016.
R ESOLVE D:
FU RT H ER
RESOLVE D:
That the Board of Directors hereby authorizes the President or any Vice Pr esident of the
Co mp any: (I) Appoint Att orncy(s) in Fact and authorize the Att orney(s) in Fact to execute
on behalf of the Com pan y bonds and und ertakings, co ntracts of ind emnity a nd other
writings ob li ga tory in th e natu re thereof and to attach the seal of the Compa ny thereto ; and
(2) to re move, at a ny time , any s ucb Att orney-in-Fact and revoke th e a uth ori ty g iven. And,
be it
That the signatures of such officers and the sea l of th e Compa ny may be affixed to a ny
such Power of Attorn ey or certifica te relating thereto by facsimile, and an y sucb Power of
Attorney so executed and cert ifie d by facsimile signatures and facsimi le sea l shall be valid
and binding upo n the Company in th e future with respect to an y bond or und ertaking to
which it is attached.
I TESTIMO Y WHEREOF, PHILAD ELPHIA rNDEM lTY INSVRA CE COM PANY HAS CAUSED TH IS INSTRUM ENT TO BE SIG E D AND IT S
CO RPORATE SEAL TO BE AFFIXED BY ITS AUTHORIZED OFFICE THIS 5TH DAY OF MARCH , 2021.
(Seal)
Philadelp hi a Indemnity Insurance Com pany
O n this 5"' day of March, 2021 before me came th e individual who execut ed the preceding instrument, to me personally known, and being by me dul y sworn sa id th at he
is the th erein described and a utho rized o ffi cer of the PHI LADEL PHI A INDEM ITY INSU RANCE CO M PA Y; that the sea l affixed to sa id instrument is the
Co rp orate seal of said Co mp a ny; that th e sa id Corporate Seal and hi s signature were dul y affixed.
Notar y Public:
res idi ng at:
My commission ex pires:
Ba la Cynwyd, PA
ovcmb cr 3, 2024
I, Edward Sayago, Corpora te Secretary of PHILAD ELPHIA lNDEMNJTY [NSURANCE COMPANY, do hereby certify that the fo regoing resolution of the B oard of
Directors and the Power of Attorney issued pursuan t thereto on the 5th day March, 2021 are true and correct and arc sti ll in full force a nd effect. I do further certify that
Jo hn Glomb , who executed the Power of Attorn ey as President, was on th e date of execution of the attached Power of Attorney the dul y elected President of
PH ILADELPHIA INDEMNITY INSU RANCE COMP ANY.
In Testimony Whereof I ha ve sub scri bed my nam e and affixed the facsimile sea l o f each Company this 20th day o f __ N_o_v_e_m_b_e_r __ ~ 2023
Edward Sayago, Corporate Secretary
PHILAD ELPHI A INDEMNITY TNSURA CE COMPANY
Page 129 of 417
Dewberry· Dewberiy Enginee nc; 251 990 9950
25353 Fnendsh 1p Road 251 990 9910 fa
Daphne. AL 36526 www d ,berry com
OLD BATTLES VILLAGE PH. 6
All roadways , storm drain system, water system and sewer system infrastructure installed within
the rights of way within the subdivision, see attached unit price bond estimate.
UNIT
ITEM NO . DESCRIPTION UNIT QUANTITY PRICE AMOUNT
GRADING & DRAINAGE
18" REINFORCED CONCRETE PIPE , 431 25,799 .66 1 CLASS 3 LF 59 .86
24 " REINFORCED CONCRETE PIPE , 1,095 80 ,340 .15 2 CLASS 3 LF 73 .37
30 " REINFORCED CONCRETE PIPE, 65 5,894 .20 3 CLASS 3 LF 90 .68
4 TYPE S-1 INLET TON 3 4,920 .80 14,762.40
5 TYPE S-2 INLET EA 6 5,580.80 33,484.80
6 YARD INLET AC 2 3,900 .80 7,80 1.60
7 DRAINAGE JUNCTION BOX SY 1 4,630 .10 4 ,630 .10
SEED ING , FERTILIZ ING , & 1.5 4 ,125 .00 8 MULCHING EACH 2,750 .00
9 4" OF TOPSOIL FROM STOCKPILE EACH 1.5 6 100.00 9,150 .00
SUB -T OTAL GRADING & DRAINAGE $ 187,897.11
ROADWAYS
BITUMINOUS CONCRETE WEARING 4 ,250 10 .81 45 ,942 .50
11 SURFACE , ALDOT 424-A, 125 LBS /SY LF
TYPE 'A'-2'-6" CONCRETE VALLEY 3 ,685 15.40 56 ,749 .00 12 GUTTER LF
TYPE 'D'- 6" CONCRETE RIBBON 50 24.20 1,210.00 13 CURB EA
14 CONCRETE SIDEWALK , 5' WIDE LF 3 ,640 33 .00 120 ,120 .00
15 CONCRETE HANDICAP RAMP EA 12 1,100 .00 13 ,200 .00
16 STOP SIGN W/POST EA 2 347 .00 694 .00
17 STREET NAME SIGN EA 2 249 .87 499 .74
18 "NO OUTLET" SIGN W/POST EA 2 282 .10 564 .20
19 WETLAND BUFFER SIGN EA 7 224 .90 1,574 .30
20 END OF ROADWAY BARRICADE EA 2 2,500.00 5,000 .00
SUB -TOTAL ROADWAYS : $ 245 ,553 .74
WATER SYSTEM
2 1 8" PVC WATER MA IN LF 1,680 50 .21 84 ,352 .80
22 8" DUCTILE IRON PIPE LF 36 50 .21 1,807 .56
8" M . J . GATE VALVE WITH 8,210 .00 23 MEGALUGS EA 5 1,642 .00
24 8" x 8" M .J . TEE WIT H MEGALUGS EA 2 822 .50 1,645 .00
25 8" M .J. 22 .5 DEGREE BEND EA 2 624 .50 1,249 .00
26 8" M .J . 11.25 DEGREE BEND EA 1 624 .50 624 .50
27 8" M .J. PL UG EA 2 631 .60 1,263 .20
28 WATER SERVICE EA 35 1,426 .00 49 ,910 .00
Mainten ance a nd Guaran tee Agree m ent
Exhibit A
Page 130 of 417
Dewberry· Dev/berry Eng,, nc 251 990 9950
25353 Fri ndshrp Road 251 990 9910 fa
Daphno. AL 36526 www dowb rry com
FIRE HYDRANT ASSEMB LY I I 26 ,292 .50
29 (INCLUDES TEE , VALVE & HYDRANT) EA 5 5,258 .50
SUB-TOTAL WATER SYSTEM : $ 175 354 .56
SEWER SYSTEM
30 8" PVC GRAVITY SEWER 6' - 8' CUT LF 2 17 44 .91 9,745.47
31 8" PVC GRAVITY SEWER 8' -10' CUT LF 822 49 .91 4 1,026 .02
32 8" PVC GRAVITY SEWER 10' -12 ' CUT LF 538 51 .91 27 ,927 .58
PRECAST CONCRETE MANHOLE , 6' • 7,68 0.80 33 8' EA 2 3,840 .40
PRECAST CONCRETE MANHOLE , 8' -23 ,132.00 34 10' EA 5 4 ,626.40
35 SEWER LATERAL (GRAVITY ) EA 33 1,380 .87 45 ,568 .71
SUB -TOTAL SEWER SYSTEM : $ 155,080.58
TOTAL: $ 763 ,885 .99
I certify the above estimate to be true and con-ect to the best of my knowledge .
The City of Fairhope requires a 2 year maintenance bond at 30 % = 229,165.80.
~
on Estes , PE
sociate Vice President
SEAL
JE /db
A.faintenanc e and Guaran tee Agree ment
Exhibit A
Page 131 of 417
CITY OF FAIRHOPE
AGENDA MEMORANDUM Item ID: 2024-273
FROM: Kim Creech, CITY TREASURER
SUBJECT: That the City Council hereby authorizes and directs the Mayor to
execute and deliver, on behalf of the City, a term sheet with the
Lender respecting the Warrant, in substantially the form attached as
Exhibit A to this Resolution.
AGENDA
DATE:
March 21, 2024
RECOMMENDED ACTION:
Authorizes and directs the Mayor to execute and deliver, on behalf of the City, a term
sheet with the Lender respecting the Warrant, in substantially the form attached as
Exhibit A to this Resolution.
BACKGROUND INFORMATION:
BUDGET IMPACT/FUNDING SOURCE:
Account No. Account Title Current Budget Cost Available
Budget
$___ $___ ($____)
GRANT:
LEGAL IMPACT:
FOLLOW UP IMPLEMENTATION:
For time-sensitive follow up, select deadline date for follow up:
Individual(s) responsible for follow up:
Action required (list contact persons/addresses if documents are to be mailed or
emailed):
Page 132 of 417
RESOLUTION NO. __ _
BE IT RESOLVED by the City Council (the "Council") of the City ofFairh ope, Alabama (the "City"),
as follows:
Section 1. Findings . The Council has ascertained an d do es hereby find and declare as follows:
(a) pursuant to a long-term capital improvement plan, the City is preparin g to
acquire, construct, equip and install vario us water and sewer system cap ital improvement s (the
"2024 Water and Sewer System Improvements");
(b) the City will finance a portion, presently not expected to exceed
$25 ,000 ,000 , of the costs of the 2024 Water an d Sewer System Improvements, and the City
issued a Request for Lend in g Proposals on or about Fe bruary 9, 2024 (the "F in ancing RFP"),
to assess o pti ons for the fi nancing ;
(c) the City received ___ LJ responses to the Financ in g RFP on or before
the March 12, 2024 , deadl ine specified in the Financing RFP;
(d) upon review of the several responses, the City, in consultation w ith its
municipal advisor , has determined the lending proposal from ______ (the "Len der")
offers the terms most favorable to the C ity ;
(e) the City expects to issue its General Obligation Wate r and Sewer Warrant,
Series 2024 (the "Warrant"), to the Lender in evi dence of th e loan proposed to be made by the
Lender; and
(f) prior to the City's preparation, negotiation and adoption of an ordinance (the
"A uthorizi ng Ordinance") authorizing issuance of th e Warrant, it will be necessary for the City
to execute a term sheet wit h the Lender to evidence the intent of th e City to iss ue the Warrant
to the Lender.
Section 2. Execution of Term Sheet Authorized. The Co uncil hereby a uthorizes and directs the
Mayor to execute and deliver , on behalf of the C ity , a term sheet with the Len der respecting th e Warrant, in
substantially the form attached as Exhibit A to this resolution .
Section 3. Further Actions Authorized . The Mayor, City Clerk, an d City Treasurer are each hereby
authori zed and directed to execute such agreement s o r documents and to take s uch other act ions as may be
necessary or desirable to effect the provisions of thi s resol ution .
ATTEST:
Lisa A. Hanks , MMC
City Clerk
ADOPTED this 21st day of March, 2024
CITY OF FAIRHOPE
A Municipal Co rp oration
Corey Martin, City Council Presi dent
Page 133 of 417
Exhibit A
Term Sheet of Lender
Page 134 of 417
CITY OF FAIRHOPE
Request for Lending Proposals
for
$25,000,000 (not to exceed)
General Obligation Water and Sewer Warrant
Series 2024
Introduction
The City of Fairhope (the "City ") is requesting lending proposals to purchase the City 's General
Obligation Water and Sewer Warrant, Series 2024 (the "Warrant"), to be issued by the City for the
purpose of financing the costs of various capital improvements to the City's water works plant and
distribution system and sanitary sewer system (together, the "System"). Specific information regarding
the loan and the Warrant is listed below . Responses must be made using the attached response form .
Responses should be e-mailed to kim .creech@fairhopeal.gov , with a copy to Marcie Lewis
(lewism@pfm .com ) at PFM Financial Advisors LLC ("PFM"), with the subject, "Water and Sewer
Financing." All responses are due on Tuesday, March 12, 2024, by 2:00 p.m . CDT .
Specific Terms
l. Loan amount. not to exceed $25 ,000 ,000 . Final amount to be determined prior to closing .
2. Purpose . finance various capital improvements to the System .
3. Structure, Interest Rate and Prepayment . The City is considering three options for
structure, as follows , with each structure having an approximate two-year, bullet maturity
(expected to be May 1, 2026), and monthly interest-only payments :
a. Option 1: fixed rate draw-down loan, with a six (6) month draw period , prepayable six
(6) months prior to maturity and at any time thereafter.
b. Option 2: fixed rate loan , fully drawn at closing, prepayable six (6) months prior to
maturity and at any time thereafter.
c. Option 3: variable rate draw-down loan , with a six (6) month draw period, prepayable
at any time .
4. Amortization. no principal amortization; bullet payment at maturity (expected to be May 1,
2026).
5. Interest payments . monthly interest payments commencing May 1, 2024, computed on a
30/360 basis .
6. Tax status. non -bank qualified (non -BQ); tax -exempt (federal and State of Alabama).
7 . Security . General obligation of the City secured by a pledge of the full faith and credit of the
City .
8. Loan documentation. Bond Counsel (Bradley Arant Boult Cummings LLP , Birmingham ,
Alabama) will prepare the loan documents including the City ordinance authorizing the
financing, the Warrant and other customary closing documents .
9. Investment letter; no offering document . The winning respondent will be required to
deliver a customary investment letter at closing indicating, among other things , that the
purchaser of the Warrant has no present intention of selling all or any portion of its interest
Page 135 of 417
in the Warrant . The City is not preparing an offering or disclosure document regarding the
Warrant .
10 . No Rating or Registration . The City will not apply for a rating for the Warrant . The Warrant
will not be registered under the OTC system and no CUSIP number will be assigned to the
Warrant .
11. Proposals to be Final . All proposals must be final as of the date submitted, and should not
be made subject to additional review or approval by the institution making the proposal , or
be subject to conditions subsequent to the City 's acceptance of the proposal other than
customary conditions precedent to closing . All proposals to purchase the Warrant must
contain an affirmative statement that the proposal is open for acceptance by the City
Council on or before March 21, 2024. The terms of each proposal shall be final and not
subject to change or modification through the April 11, 2024 , closing date unless otherwise
agreed between the successful institution and the City .
Procedure and Miscellaneous Information
Questions concerning this RFP should be submitted to the City and PFM using the contact information
listed above . All questions should be submitted by March 5, 2024 . PFM will distribute to all recipients
of this RFP all questions submitted, along with answers, by March 8, 2024 . All contact with the City by
respondents must be through these contacts . Any unsolicited contact by a respondent with any
member of the City Council or other staff or officers of the city regarding this RFP shall be grounds for
disqualification of the respondent with respect to the Warrant.
The following is the tentative schedule for submission of this RFP and award of the loan :
• February 9, 2024 -RFP Issued
• March 5, 2024 -Deadline for Bidder Questions
• March 8, 2024 -Bidder Questions Answered
• March 12 , 2024 -Responses Due at 2:00 p.m .
• March 21 , 2024 -City Council considers resolution approving lending proposal and
authorizing execution of term sheet, subject to definitive terms set out in the authorizing
ordinance
• April 8, 2024 -City Council considers ordinance authorizing the Warrant
• April 11 , 2024 -Closing
Sale of the Warrant will be awarded to the respondent that provides the City with the lowest overall
borrowing cost and most favorable terms pursuant to conditions determined solely by the City and its
advisors . The City reserves the right to reject any and all proposals , to waive any informalities or
irregularities in any proposals received , or to take any other such actions that may be deemed to be in
the best interest of the City .
Copies of the City's annual comprehensive financial report (ACFR) for the preceding five fiscal years are
available on the City's website , at the following address :
https ://www.fairhopeal.gov/city-government/finance
Page 136 of 417
From the date of release of this RFP, potential respondents are asked to not contact any members of
the City Council or any other employees of the City regarding sale of the Warrant. Thank you for your
interest in providing financing to the City of Fairhope .
[REMAINDER OF PAGE INTENTIONALLY LEFT BLAN K]
Page 137 of 417
Response Form for Lending Proposal
$25,000,000 (not to exceed)
General Obligation Water and Sewer Warrant
Series 2024
Responses must be received by 2:00 p.m . on Tuesday, March 12, 2024
Re sponses should be emailed to kim .creech@fairhopeal.gov with a copy to lew ism@pfm .com .
OPTIONS :* (plea se provide rates for one or more of the following)
Option 1 (Fixed Rate Draw Loan)
Fixed rate draw-down loan with six (6) month draw period
Callable six (6) months prior to maturity and any time thereafter
Option 2 {Fixed Rate Loan)
Fixed rate loan (fully drawn at closing)
Callable si x (6) months prior to maturity and any time thereafter
Option 3 {Variable Rate Draw Loan)
Variable rate draw-down loan with six (6) month draw period
Callable at any time
* ALL options are for an approx imate two (2) year term w i th monthly interest
only payments .
INTEREST RATE :
____ %
____ %
____ %
Fees and Expenses -Describe below i n detail all fees and expenses which the City will be responsible
for unde r the bank 's proposal. The City will pay all fees and expenses of Bond Counsel and of the City's
municipal advisor .
* * *
In making thi s b id, we certify that we have a present intent to hold the Warrant to maturity, earlier
redemption, or for our loan portfolio, and have no present intention of re selling or otherwise disposing
of all or a part of the Warrant. We further acknowledge that PFM Finan cial Advisors LLC (the
"Municipal Advi sor") is relying on the foregoing representation, and ba sed on this representation this
transaction meets the requirements for being a qualifying exception for purposes of MSRB Rule G-34 ,
and the Municipal Advisor is excepted and released from the requirement to request a CUSIP
assignment on our behalf pursuant to MSRB Rule G-34 for the Warrant .
Page 138 of 417
This bid is not subject to any conditions or requirements , other than customary conditions precedent to
clo sing , and shall remain open for acceptance by the City at the meeting of its City Council held prior to
the Closing Date . Such acceptance shall be evidenced by the approval of the issuance of the Warrant by
the City Council of the City of Fairhope at said meeting . This bid is final and is not subject to additional
terms , conditions or requirements , other than customary conditions precedent to closing , and is not
subject to additional internal credit approval by our institution .
Name of Bank : _________________________ _
Contract Person : ________________________ _
Telephone Number: _______________________ _
Email : ____________________________ _
Signature of bank official
Page 139 of 417
CITY OF FAIRHOPE
AGENDA MEMORANDUM Item ID: 2024-233
FROM:Hannah Noonan, HUMAN RESOURCES DIRECTOR
SUBJECT:Reclassification Code Enforcement Officer
AGENDA
DATE:
March 21, 2024
RECOMMENDED ACTION:
City Council approves and adopts the recommendation of the Personnel Board for the
reclassification of one (1) Code Enforcement Officer APOST Certified (Grade 8),
assigned to the Revenue Department, to Code Enforcement Officer (Grade 7) with no
APOST requirements while remaining assigned to the Revenue Department.
BACKGROUND INFORMATION:
BUDGET IMPACT/FUNDING SOURCE:
Account No.Account Title Current Budget Cost Available
Budget
$___$___($____)
GRANT:
LEGAL IMPACT:
FOLLOW UP IMPLEMENTATION:
For time-sensitive follow up, select deadline date for follow up:
Individual(s) responsible for follow up:
Action required (list contact persons/addresses if documents are to be mailed or
emailed):
Page 140 of 417
RESOLUTION NO.
BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE,
ALABAMA, That the City Council approves and adopts the recommendation of the
Personnel Board for the Reclassification of one (1) Code Enforcement Officer APOST
Certified (Grade 8), assigned to the Revenue Department, to Code Enforcement Officer
(Grade 7) with no APOST requirements while remaining assigned to Revenue Department.
ADOPTED THIS 21ST DAY OF MARCH 2024
Corey Martin, Council President
ATTEST:
Lisa A. Hanks, MMC
City Clerk
Page 141 of 417
CITY OF FAIRHOPE
AGENDA MEMORANDUM Item ID: 2024-271
FROM:George Ladd, PUBLIC WORKS DIRECTOR
SUBJECT:That certain items are declared surplus and the Mayor and City
Treasurer are hereby authorized and directed to dispose of personal
property owned by the City of Fairhope by one of the three methods
listed on the resolution.
AGENDA
DATE:
March 21, 2024
RECOMMENDED ACTION:
Approve certain items are declared surplus and the Mayor and City Treasurer are
hereby authorized and directed to dispose of personal property owned by the City of
Fairhope by one of the three methods listed on the resolution.
BACKGROUND INFORMATION:
BUDGET IMPACT/FUNDING SOURCE:
Account No.Account Title Current Budget Cost Available
Budget
$___$___($____)
GRANT:
LEGAL IMPACT:
FOLLOW UP IMPLEMENTATION:
For time-sensitive follow up, select deadline date for follow up:
Individual(s) responsible for follow up:
Action required (list contact persons/addresses if documents are to be mailed or
emailed):
Page 142 of 417
RESOLUTION NO. _____
WHEREAS, the City of Fairhope, Alabama, has certain items of personal property
which are no longer needed for public or municipal purposes; and
WHEREAS, Section 11-43-56 of the Code of Alabama of 1975 authorizes the municipal
governing body to dispose of unneeded personal property;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
FAIRHOPE, ALABAMA, AS FOLLOWS:
SECTION 1. That the following personal property owned by the City of Fairhope,
Alabama, is not needed for public or municipal purposes, and hereby declared surplus:
[SEE ATTACHED LIST OF EQUIPMENT]
SECTION 2. That the Mayor and City Treasurer are hereby authorized and directed to
dispose of the personal property owned by the City of Fairhope, Alabama, described in
Section 1, above, by one of the following methods:
a.Receiving bids for such property (“via GovDeals”). All such property shall be
sold to the highest bidder, provided, however, that the City Council shall grant
the authority to the Mayor to reject all bids when, in her opinion, she deems the
bids to be less than adequate consideration for the personal property.
b.Sold for scrap or recycle at the highest offered value.
c.Disposal via landfill.
ADOPTED AND APPROVED THIS 21ST DAY OF MARCH, 2024
_________________________________
Corey Martin, Council President
ATTEST:
______________________________
Lisa A. Hanks, MMC
City Clerk
Page 143 of 417
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CITY OF FAIRHOPE
AGENDA MEMORANDUM Item ID: 2024-280
FROM: Richard Johnson, CITY ENGINEER
SUBJECT: The City Engineer, Richard Johnson,has requested to procure a
qualified contractor to provide all material, equipment, labor, and
incidentals to conduct a cross drain and side drain repair/
replacement project within the 400 block of North Ingleside Street
within the City of Fairhope.
AGENDA
DATE:
March 21, 2024
RECOMMENDED ACTION:
To approve the award of Bid No. 24-024-2021-PWI-019 North Ingleside Drainage
Repair/Improvement Project for $323,022.00.
BACKGROUND INFORMATION:
A service bid was issued on February 9, 2024, posted to the City of Fairhope's website,
and published in the Gulf Coast Media. Six (6) responsive bids were received at the bid
opening on March 7, 2024 at 10:00 a.m.
The City Engineer and the Director of Parks and Recreation recommend the award be
made to Blade Construction, LLC. Their low bid response price for the entire project
was $323,022.00.
BUDGET IMPACT/FUNDING SOURCE:
Account No. Account Title Current Budget Cost Available
Budget
103-55853
(Line 10)
Drainage Imprv - N.
Ingleside
$250,000.00 $323,022.00 ($73,022.00)
GRANT:
N/A
LEGAL IMPACT:
N/A
Page 145 of 417
FOLLOW UP IMPLEMENTATION:
For time-sensitive follow up, select deadline date for follow up: N/A
Individual(s) responsible for follow up: N/A
Action required (list contact persons/addresses if documents are to be mailed or
emailed): N/A
Page 146 of 417
RESOLUTION NO. ________
BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF
FAIRHOPE, ALABAMA, as follows:
[1] That the City of Fairhope did request, receive, and open bids to procure services
for (Bid No. 24-024-2021-PWI-019) for North Ingleside Drainage
Repair/Improvement Project at 555 South Section Street in the City of Fairhope
offices, Fairhope, Alabama.
[2] At the appointed time and place, bids were received and tabulated as follows:
Please see attached Bid Tabulation to
(Bid No. 24-024-2021-PWI-019)
North Ingleside Drainage Repair/Improvement Project
[3] After evaluating the bids with required specifications, Blade Construction, LLC is
now awarded (Bid No. 24-024-2021-PWI-019) for North Ingleside Drainage
Repair/Improvement Project with a bid proposal not-to-exceed $323,022.00.
DULY ADOPTED THIS 21ST DAY OF MARCH 2024
_______________________________
Corey Martin, Council President
Attest:
_____________________________
Lisa A. Hanks, MMC
City Clerk
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Suzanne Doughty (Jan 25, 2024 09:43 CST)
Suzanne Doughty
Suzanne Doughty (Jan 25, 2024 09:43 CST)
Suzanne Doughty
sd
kc
kc
Page 164 of 417
Signature:
Email:
Suzanne Doughty (Jan 17, 2024 13:45 CST)
Suzanne Doughty
suzanne.doughty@fairhopeal.gov
Page 165 of 417
PRF - N Ingleside Drainage
Final Audit Report 2024-01-25
Created:2024-01-17
By:Erin Wolfe (erin.wolfe@fairhopeal.gov)
Status:Signed
Transaction ID:CBJCHBCAABAACJMgbGl2as-CV0hYFQRrHGy5hA1_8WMc
"PRF - N Ingleside Drainage" History
Document created by Erin Wolfe (erin.wolfe@fairhopeal.gov)
2024-01-17 - 2:27:38 PM GMT
Document emailed to Suzanne Doughty (suzanne.doughty@fairhopeal.gov) for signature
2024-01-17 - 2:27:41 PM GMT
Document emailed to Suzanne Doughty (suzanne.doughty@fairhopeal.gov) for signature
2024-01-17 - 2:27:41 PM GMT
Document emailed to Sherry Sullivan (sherry.sullivan@fairhopeal.gov) for signature
2024-01-17 - 2:27:42 PM GMT
Email viewed by Sherry Sullivan (sherry.sullivan@fairhopeal.gov)
2024-01-17 - 2:31:44 PM GMT
Document e-signed by Sherry Sullivan (sherry.sullivan@fairhopeal.gov)
Signature Date: 2024-01-17 - 2:32:10 PM GMT - Time Source: server
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Signature Date: 2024-01-17 - 7:45:15 PM GMT - Time Source: server
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Email viewed by Suzanne Doughty (suzanne.doughty@fairhopeal.gov)
2024-01-24 - 3:01:24 PM GMT
Document e-signed by Suzanne Doughty (suzanne.doughty@fairhopeal.gov)
Signature Date: 2024-01-25 - 3:43:54 PM GMT - Time Source: server
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Agreement completed.
2024-01-25 - 3:43:54 PM GMT
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CITY OF FAIRHOPE
AGENDA MEMORANDUM Item ID: 2024-277
FROM:George Ladd , PUBLIC WORKS DIRECTOR
SUBJECT:The Director of Public Works, George Ladd, has requested to
procure a 15,000 GVWR Crew Cab Truck Chassis for the Streets
Department.
AGENDA
DATE:
March 21, 2024
RECOMMENDED ACTION:
To approve the award of Bid No. 24-025 New 15,000 GVWR Crew Cab Truck Chassis
or equivalent to Larry Puckett Chevrolet, Inc. for $64,493.14.
BACKGROUND INFORMATION:
A service bid was issued on February 9, 2024, posted to the City of Fairhope's website,
and published in the Gulf Coast Media. Four (4) responsive bids and two (2) non-
responsive bids were received at the bid opening on February 27, 2024 at 10:30 a.m.
One of the specifications of the bid stated "City reserves the right to award based on
convenience of delivery date."
The Director of Public Works recommends the award be made to Larry Puckett
Chevrolet, Inc. Their bid response price for the vehicle was Sixty-Four Thousand Four
Hundred Ninety-Three Dollars and Fourteen Cents ($64,493.14) and can be delivered
within 7 days of purchase order receipt. The lowest bid received was $393.14 less, but
would not deliver until Late May to Early June.
BUDGET IMPACT/FUNDING SOURCE:
Account No.Account Title Current Budget Cost Available
Budget
001350-
50470
Public Works -
Vehicles/Equip
$75,000.00 $64,493.14 $10,506.86
GRANT:
N/A
LEGAL IMPACT:
Page 168 of 417
N/A
FOLLOW UP IMPLEMENTATION:
For time-sensitive follow up, select deadline date for follow up: N/A
Individual(s) responsible for follow up: N/A
Action required (list contact persons/addresses if documents are to be mailed or
emailed): N/A
Page 169 of 417
RESOLUTION NO. ______
BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF
FAIRHOPE, ALABAMA, as follows:
[1] That the City of Fairhope did request, receive, and open bids to procure services
for (Bid No. 24-025) for 15,000 GVWR Crew Cab Truck Chassis or Equivalent at
555 South Section Street at the City of Fairhope offices, Fairhope, Alabama.
[2] At the appointed time and place, bids were received and tabulated as follows:
Please see attached Bid Tabulation
15,000 GVWR Crew Cab Truck Chassis or Equivalent
[3] After evaluating the bids with required specifications, Larry Puckett Chevrolet,
Inc. is now awarded (Bid No. 24-025) for 15,000 GVWR Crew Cab Truck Chassis or
Equivalent with a bid proposal not-to-exceed $64,493.14.
DULY ADOPTED THIS 21ST DAY OF MARCH 2024
_______________________________
Corey Martin, Council President
Attest:
_____________________________
Lisa A. Hanks, MMC
City Clerk
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555 S Section Street / Fairhope, Alabama 36532
251.928.8003 (p) / www.FairhopeAL.gov
COF-PUR-003
091321
CITY OF FAIRHOPE
PURCHASING DEPARTMENT
PROJECT REQUEST FORM
Requestor: John Thomas Department: Public Works / Streets and Facilities
Project Name: 1 Ton truck
Project Description: 1 Ton crew cab truck
Project Category: x Bid Professional Service Other:
Budget Amount: $75,000 Budget Code: 001350-50470
Budgeted for Current FY: x Yes No
BID INFORMATION
Bid Duration: Project Duration:
Engineer of Record:
Pre-Bid Meeting: No Yes Mandatory Non-Mandatory
Scope of Work Provided By: Contract Extensions: No Yes
Project Manager:
Insurance Requirements: Minimum Maximum
Bonds: Bid Performance Labor & Materials
Related Bids/RF’s
FORCE ACCOUNT INFORMATION
Force Account Project: No Yes Estimated Amount: $75,000 Budget Code:
Notes:
SIGNATURES
Requestor: Senior Accountant:
City Treasurer: Mayor:
Suzanne Doughty (Jan 19, 2024 09:55 CST)
Suzanne Doughty
Page 203 of 417
PRF - One Ton Crew Cab Truck - Streets
Final Audit Report 2024-01-23
Created:2024-01-19
By:Erin Wolfe (erin.wolfe@fairhopeal.gov)
Status:Signed
Transaction ID:CBJCHBCAABAArUIN0lYa5bq026-7Uj2RiLh_uIwZGiVn
"PRF - One Ton Crew Cab Truck - Streets" History
Document created by Erin Wolfe (erin.wolfe@fairhopeal.gov)
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Signature Date: 2024-01-19 - 3:55:01 PM GMT - Time Source: server
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2024-01-19 - 3:55:02 PM GMT
Document e-signed by Kimberly Creech (kimberly.creech@fairhopeal.gov)
Signature Date: 2024-01-22 - 10:44:39 PM GMT - Time Source: server
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2024-01-22 - 10:44:41 PM GMT
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Agreement completed.
2024-01-23 - 2:11:37 AM GMT
Page 204 of 417
CITY OF FAIRHOPE
AGENDA MEMORANDUM Item ID: 2024-284
FROM: George Ladd, PUBLIC WORKS DIRECTOR
SUBJECT: The Director of Public Works, George Ladd, has requested to
procure an annual contract to prune and remove trees located on
public lands, rights-of-way and easements within the corporate limits
of the City of Fairhope.
AGENDA
DATE:
March 21, 2024
RECOMMENDED ACTION:
To award Bid No. 24-023 Citywide Tree Maintenance Annual Contract Public Works
Department for the annual amount not-to-exceed $96,000.00
BACKGROUND INFORMATION:
A service bid was issued on February 2, 2024, posted to the City of Fairhope’s website,
and advertised with Gulf Coast Media for three (3) weeks.Two (2) responsive bids were
received at the bid opening on February 29, 2024 at 10:00 a.m. The lowest received bid
was from BDG Trees, LLC.
Our recommendation is to award this bid to BDG Trees, LLC for the annual not-to-
exceed cost of Ninety-Six Thousand Dollars ($96,000.00).
BUDGET IMPACT/FUNDING SOURCE:
Account No. Account Title Current Budget Cost Available
Budget
001360-
50360
Landscape-General
Maintenance
$96,000.00 $96,000.00 $0.00
GRANT:
N/A
LEGAL IMPACT:
N/A
FOLLOW UP IMPLEMENTATION:
Page 205 of 417
For time-sensitive follow up, select deadline date for follow up: N/A
Individual(s) responsible for follow up: N/A
Action required (list contact persons/addresses if documents are to be mailed or
emailed): N/A
Page 206 of 417
RESOLUTION NO. ______
BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF
FAIRHOPE, ALABAMA, as follows:
[1] That the City of Fairhope did request, receive, and open bids to procure services
for (Bid No. 24-023) Citywide Tree Maintenance Annual Contract at 555 South
Section Street, City of Fairhope offices, Fairhope, Alabama.
[2] At the appointed time and place, bids were received and tabulated as follows:
Please see attached Bid Tabulation
(Bid No. 24-023) Citywide Tree Maintenance Annual Contract
[3] After evaluating the bids with required specifications, BDG Trees, LLC is now
awarded (Bid No. 24-023) Citywide Tree Maintenance Annual Contract for the
annual not-to-exceed cost of $96,000.00.
DULY ADOPTED THIS 21ST DAY OF MARCH 2024
_______________________________
Corey Martin, Council President
Attest:
_____________________________
Lisa A. Hanks, MMC
City Clerk
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SDD for Kim Creech (Jan 17, 2024 13:50 CST)
SDD for Kim Creech
SDD for Kim Creech (Jan 17, 2024 13:50 CST)
SDD for Kim Creech
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Signature:
Email:
Suzanne Doughty (Jan 17, 2024 13:51 CST)
Suzanne Doughty
suzanne.doughty@fairhopeal.gov
Page 260 of 417
PRF - Public Works ROW Tree Trimming
Final Audit Report 2024-01-17
Created:2024-01-17
By:Erin Wolfe (erin.wolfe@fairhopeal.gov)
Status:Signed
Transaction ID:CBJCHBCAABAAoQPB91pQ8NB8XrVonW0loLcDpuSZQ7KW
"PRF - Public Works ROW Tree Trimming" History
Document created by Erin Wolfe (erin.wolfe@fairhopeal.gov)
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Agreement completed.
2024-01-17 - 7:51:36 PM GMT
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CITY OF FAIRHOPE
AGENDA MEMORANDUM Item ID: 2024-287
FROM: Jeff Montgomery
SUBJECT: Granicus Annual Fee
AGENDA
DATE:
March 21, 2024
RECOMMENDED ACTION:
The Director of Information Technology is requesting that the Council authorizes Mayor
Sullivan to execute the proposal from Granicus for $4,850.42.
BACKGROUND INFORMATION:
The proposal from Granicus, which is a sole source procurement, is less than
$5,000.00, and therefore does not need approval from the City Council. However, the
proposal needs the signature of Mayor Sullivan to proceed. Therefore, we are
requesting authorization by the Council to allow Mayor Sullivan to sign the proposal.
BUDGET IMPACT/FUNDING SOURCE:
Account No. Account Title Current Budget Cost Available
Budget
001180-
50300
Revenue -
Computer Exp
$5,000.00 $4,850.42 $149.58
GRANT:
N/A
LEGAL IMPACT:
Needs legal review
FOLLOW UP IMPLEMENTATION:
For time-sensitive follow up, select deadline date for follow up: N/A
Individual(s) responsible for follow up: N/A
Action required (list contact persons/addresses if documents are to be mailed or
emailed): N/A
Page 263 of 417
RESOLUTION NO. ________
BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF
FAIRHOPE, ALABAMA, as follows:
[I] That the City of Fairhope hereby authorizes Mayor Sherry Sullivan to execute the
proposal from Granicus for the annual fee of $4,850.42.
[2] Granicus is a Sole Source procurement.
ADOPTED ON THIS 21ST DAY OF MARCH 2024
____________________________
Corey Martin, Council President
Attest:
_____________________________
Lisa A. Hanks, MMC
City Clerk
Page 264 of 417
THIS IS NOT AN INVOICE Order Form
Prepared for
Fairhope AL
Order #: Q-311422
Prepared: 07 Mar 2024
Page 1 of 6
Granicus Proposal for Fairhope AL
ORDER DETAILS
Prepared By:Betsy Sachs
Phone:
Email:betsy.sachs@granicus.com
Order #:Q-311422
Prepared On:07 Mar 2024
Expires On:30 Apr 2024
Currency:USD
Payment Terms:Net 30 (Payments for subscriptions are due at the beginning of the period of
performance.)
Period of Performance: The term of the Agreement will commence on the date this document is
signed and will continue for 12 months.
ORDER TERMS
Page 265 of 417
Order Form
Fairhope AL
Order #: Q-311422
Prepared: 07 Mar 2024
Page 2 of 6
PRICING SUMMARY
The pricing and terms within this Proposal are specific to the products and volumes contained within this
Proposal.
One-Time Fees
Solution Billing
Frequency Quantity/Unit One-Time Fee
Address Identification - Setup and
Configuration Up Front 1 Each $0.00
Address Identification - Online Training Up Front 1 Each $0.00
Compliance Monitoring - Setup and
Configuration Up Front 1 Each $0.00
Compliance Monitoring - Online Training Up Front 1 Each $0.00
SUBTOTAL:$0.00
New Subscription Fees
Solution Billing
Frequency Quantity/Unit Annual Fee
Address Identification Annual 1 Each $2,252.57
Compliance Monitoring Annual 1 Each $2,597.85
SUBTOTAL:$4,850.42
Page 266 of 417
Order Form
Fairhope AL
Order #: Q-311422
Prepared: 07 Mar 2024
Page 3 of 6
PRODUCT DESCRIPTIONS
Solution Description
Address Identification Ongoing monitoring of 60+ Short Term Rental websites including major
platforms Airbnb, VRBO, HomeAway, Booking.com, FlipKey, & Expedia. Our
machine learning will deduplicate all known Listings into unique Rental
Units, where our identification team will provide owner contact information
for further enforcement. This product includes:- Ongoing monitoring of all
listings in your jurisdiction
- Updating listing activity and details every 3-5 days
- Screenshot activity of every listing
- Deduplication of listings into unique Rental Units
- Activity dashboard and map to monitor trends and breakdown of
compliance
Compliance Monitoring Compliance monitoring provides up-to-date information for each
identified Rental Unit and its compliance status. We configure your
compliance definition specific to your jurisdiction rules and ordinances in
order to provide up-to-date compliance status of each identified Rental
Unit. Additionally, this product will:- Allow your team to send letters to non-
compliant properties 24/7
- Configure letter templates with your branding and letterhead
- Add as many letter sequences as you need for escalation
- Monitor properties that become compliant after letter enforcement
Address Identification - Setup
and Configuration
Setup and configuration of the platform to facilitate the systematic
identification of the addresses and owner's contact information for short-
term rentals located in a specific local government's jurisdiction.
Note: The implementation timeline for Client is dependent on Granicus'
receipt of all data from Client required to complete the services, including
assessor data and registration files, in the format agreed upon by the
parties prior to project kick-off. Any fees associated with the collection or
receipt of required data will be borne by Client.
Address Identification - Online
Training
Virtual training session with a Granicus professional services trainer.
Compliance Monitoring - Setup
and Configuration
Setup and configuration of the system to enable ongoing monitoring of a
specific jurisdiction's short-term rentals for compliance with the relevant
registration/licensing/permitting requirements.
Compliance Monitoring -
Online Training
Virtual training session with a Granicus professional services trainer.
Page 267 of 417
Order Form
Fairhope AL
Order #: Q-311422
Prepared: 07 Mar 2024
Page 4 of 6Page 268 of 417
Order Form
Fairhope AL
Order #: Q-311422
Prepared: 07 Mar 2024
Page 5 of 6
TERMS & CONDITIONS
·This quote, and all products and services delivered hereunder are governed by the terms located at
https://granicus.com/legal/licensing, including any product-specific terms included therein (the “License
Agreement”). If your organization and Granicus has entered into a separate agreement or is utilizing a contract
vehicle for this transaction, the terms of the License Agreement are incorporated into such separate agreement
or contract vehicle by reference, with any directly conflicting terms and conditions being resolved in favor of the
separate agreement or contract vehicle to the extent applicable.
·If submitting a Purchase Order, please include the following language: The pricing, terms and conditions of quote
Q-311422 dated 07 Mar 2024 are incorporated into this Purchase Order by reference and shall take precedence
over any terms and conditions included in this Purchase Order.
·This quote is exclusive of applicable state, local, and federal taxes, which, if any, will be included in the invoice. It
is the responsibility of Fairhope AL to provide applicable exemption certificate(s).
·Any lapse in payment may result in suspension of service and will require the payment of a setup fee to reinstate
the subscription.
Page 269 of 417
Order Form
Fairhope AL
Order #: Q-311422
Prepared: 07 Mar 2024
Page 6 of 6
BILLING INFORMATION
Billing Contact:Purchase Order
Required?
[ ] - No
[ ] - Yes
Billing Address:PO Number:
If PO required
Billing Email:Billing Phone:
If submitting a Purchase Order, please include the following language:
The pricing, terms, and conditions of quote Q-311422 dated 07 Mar 2024 are incorporated into this Purchase
Order by reference and shall take precedence over any terms and conditions included in this Purchase Order.
AGREEMENT AND ACCEPTANCE
By signing this document, the undersigned certifies they have authority to enter the agreement. The
undersigned also understands the services and terms.
Fairhope AL
Signature:
\s1\
Name:
\n1\
Title:
\t1\
Date:
\d1\
Page 270 of 417
PUR-004 - 082522
CITY OF FAIRHOPE
PURCHASING DEPARTMENT
PURCHASING REQUEST FORM
Name: Jeff Montgomery Date: 02/29/24
Department: IT
Expenditure Threshold** Distinctions Quotes Required Approval Green Sheet Resolution
Under $5,000 No restrictions Not Required N/A N/A N/A
Utilities $5,001-$10,000 Operational NON-Budgeted Three Treasurer/Mayor N/A N/A
Greater than:
Gen Govt - $5,001
Utilities - $10,001
Operational NON-Budgeted Three Council Required Required
Gen Govt - $5,001-$15,000
Utilities - $10,001 - $15,000
Operational Budgeted Three Treasurer N/A N/A
Over $15,000/$50,000 Operational Budget* State Bid List or
Buying Group
Treasurer/Mayor N/A N/A
Over $15,000/$50,000 Operational Budgeted Bids Council Required Required
Professional Service Over $5,000 Budgeted or Non-Budgeted Mayor Select Council Required Required
*Budgeted items that meet or are under budget may be purchased with the Mayor and/or Treasurer’s approval if they are on the State Bid list or from an
approved buying group. Items that are over budget must go to Council for approval and will require a green sheet and resolution.
**Expenditure Threshold is a combined total of labor and materials, including materials provided by the City. If the total amount is within $10,000 of
the listed threshold, Purchasing/Treasurer may require a formal bid due to potential materials cost increases.
QUOTES
Vendor Name Vendor Quote
1. Granicus $ 4,850.42
2. Click or tap here to enter text. $
3. Click or tap here to enter text. $
Check any applicable boxes: ☐ State Contract ☐ ALDOT ☐ Purchasing Group
☒ Sole Source (Attach Sole Source Justification)
ITEM OR SERVICE INFORMATION
1. What item or service do you need to purchase? Yearly Renewal
2. What is the total cost of the item or service? 4850.42
3. How many do you need? 1
4. Item or Service Is: ☐ New ☒ Used ☐ Replacement ☐ Annual Request
5. Vendor Name (Lowest Quote): Granicus
6. Vendor Number: 5294
If you do not have a Vendor Number, please go to the City of Fairhope page: www.FairhopeAL.gov, Departments,
Purchasing, Vendor Registration, and complete the required information.
BUDGET INFORMATION
1. Is it budgeted? ☒ Yes ☐ No ☐ Emergency Request
2. If budgeted, what is the budgeted amount? 5000
3. Budget code: 001180-50300
Email completed form with quotes and other supporting documentation to
Erin.Wolfe@FairhopeAL.gov and Rhonda.Cunningham@FairhopeAL.gov.
Page 271 of 417
CITY OF FAIRHOPE
AGENDA MEMORANDUM Item ID: 2024-282
FROM: Jeff Montgomery
SUBJECT: The Director of Information Technology, Jeff Montgomery, is
requesting approval for the procurement of a Cloud PBX VoIP
System to replace the current system.
AGENDA
DATE:
March 21, 2024
RECOMMENDED ACTION:
To approve the purchase of a Cloud PBX VoIP System for a not-to-exceed cost of
$138,675.32 for three (3) years.
BACKGROUND INFORMATION:
Two (2) quotes were received for the VoIP system equipment, implementation, and
monthly phone service. Ambit Solutions provided the lowest total cost. Equipment,
including shipping, and implementation will be Twenty-Eight Thousand Three Hundred
Forty Dollars ($28,340.00). The cost for additional equipment, plus the phone service
cost, will be Three Thousand Sixty-Four Dollars and Eighty-Seven Cents ($3,064.87)
per month for a total of ($36,778.44) per year. Over a three-year period, the total cost
will be One Hundred Thirty-Eight Thousand Six Hundred Seventy-Five Dollars and
Thirty-Two Cents ($138,675.32).
This system will be purchased through the purchasing cooperative TIPS (Contract
#23105) and therefore does not have to be let out for bid.
BUDGET IMPACT/FUNDING SOURCE:
Account No. Account Title Current Budget Cost Available
Budget
XXXXX-
50380
Various Depts -
Comm Expense
$51,056.00 $65,118.44 ($14,062.44)
Cost of $65,118.44 shown includes the equipment and initial implementation fees of
$28,340.00 plus the annual service fees of $36,778.44.
GRANT:
N/A
Page 272 of 417
LEGAL IMPACT:
N/A
FOLLOW UP IMPLEMENTATION:
For time-sensitive follow up, select deadline date for follow up: N/A
Individual(s) responsible for follow up: N/A
Action required (list contact persons/addresses if documents are to be mailed or
emailed): N/A
Page 273 of 417
RESOLUTION NO. ________
BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF
FAIRHOPE, ALABAMA, as follows:
[1] That the City of Fairhope approves the procurement of the Cloud PBX VoIP
System that is on the Purchasing Cooperative TIPS (Contract #23105) with Ambit
Solutions and therefore does not have to be let out for bid. The total cost not-to-
exceed $138,675.32 for three (3) years.
ADOPTED ON THIS 21ST DAY OF MARCH 2024
_________________________________
Corey Martin, Council President
Attest:
_______________________________
Lisa A. Hanks, MMC
City Clerk
Page 274 of 417
Order Form
Ambit Solutions Date:January 30, 2024
3520 Lorna Ridge Drive Invoice #:
Birmingham, AL 35216 Acct. Manager Larry Batts
205-829-1800
To:Deliver to:
555 South Section St.
Part #Item Description List Price Your Price Quantity Line Total
AS-CIP-250 Ambit 8-line IP Staff Handset with color screen $149.00 $119.00 $0.00
YEALINK-W76P Yealink Cordless DECT Phone with Base $199.00 $189.00 $0.00
YEALINK-CP965.P WiFi HD Android Conference Phone w/ Power
Supply $899.00 $640.00 $0.00
YEALINK-CP935W-
BASE
Yealink HD Cordless Conference Phone with DECT
Base $899.00 $640.00 $0.00
PS-PORT.P Porting of Customer DID Numbers per DID, one-
time cost $10.00 $6.00 230 $1,380.00
PS-IMP-101.p Professional Services - Implementation per Hour $175.00 $150.00 178 $26,700.00
Sub-total $28,080.00
$4,950 Sales Tax $0.00
Shipping $260.00
Total Price $28,340.00
Part # Item Description List Price Your Price Quantity Line Total
AS-VI-DID.P Direct Inward Dial (DID) Number USA $1.00 $1.00 230 $230.00
AS-VI-DID.911 Direct Inward Dial (DID) with E911 Service $4.00 $3.00 26 $78.00
AS-VI-SIP-CALLPATH.P 1 Concurrent Callpath via SIP $22.00 $18.00 30 $540.00
AS-CIP-RAYB Ray Baum's Act Compliance (per handset) $2.00 $1.17 236 $276.12
AS-CLD-SIP-250 Cloud Server - up to 250 users $379.00 $379.00 1 $379.00
$1,503.12
AS-CIP-250MTH Ambit 8-line IP Staff Handset with color screen
(36 month purchase plan)$6.20 $6.20 230 $1,426.00
YEALINK-W76PMTH Yealink Cordless DECT Phone with Base
(36 month purchase plan)$8.29 $8.25 3 $24.75
YEALINK-CP935W-BASE-
MTH
Yealink HD Cordless Conference Phone with DECT
Base (36 month purchase plan)$37.50 $37.00 1 $37.00
YEALINK-CP965.P-MTH WiFi HD Android Conference Phone w/ Power
Supply (36 month purchase plan)$37.50 $37.00 2 $74.00
$1,561.75
Sub-total $3,064.87
NOTE: Payment Terms are 50% with order. 50% with Completion. Prices listed are good for 60 days Sales Tax $0.00
Total Price $3,064.87
Authorized Signature: ___________________________________________________________ Phone: ____________________________ Date: _________________
These are Monthly Service Charges
Total Phone Service Cost
Monthly Equipment Cost (Based on 3 year payoff)
Years 1,2,3 - Cspire Bill - $5,904.75, Ambit Bill - $3,064.87 - Monthly Savings - $2,839.88 Annual Savings - $34,078
Years 4 ff - Cspire Bill - $5,904.75, Ambit Bill - $1,503.12 - Monthly Savings - $4,401.636 Annual Savings - $52,819
I authorize the purchase of the items listed above.
Organization: Print Authorized Name Title ______________________
555 South Section St.
Fairhope AL 36532 Fairhope AL 36532
ATTN: Jeff Montgomery ATTN: Jeff Montgomery
These are one-time costs for Equipment and Professional Services.
Annual Support and Maintenance will be
City of Fairhope
TIPS Purchase Agreement: 23105
City of Fairhope
Cloud PBX VoIP System
36 Month Equipment Payment
City of Fairhope
Page 275 of 417
We have prepared a quote for you
BUDGETARY 8x8 Cloud VoIP Phone System
Quote # 010601
Version 1
Prepared for:
City of Fairhope
Jeff Montgomery
jeff.montgomery@fairhopeal.gov
Page 276 of 417
Executive Summary
From startups to Fortune 500 companies, 8X8 Cloud Voice has become the trusted provider of a new breed of
Unified Communications and Collaboration in the cloud. Our system is reliable and simple, yet so full of game-
changing features that customers are saying that 8X8 is literally changing their business processes! Whether your
employees are scattered across the country or under the same roof, 8X8 provides the most flexible, future-proof UC
solution on the market.
The Cloud business phone system that eliminates expensive on-premise equipment and provides Plug & GO
phones and delivers enterprise-class features and functionality at a small business price.
8x8 is a Cloud Based Phone Service that incorporates the features and services that today's modern
businesses require. The service comes complete with Company wide features such as customizable Auto
Attendants for Business Hours as well as After Hours, Hunt Groups, Call Queues and more
Our 8x8 service includes a wide variety of feature packages for your users allowing you to mix and match
your services based on the user's needs:
X1 Our most popular feature set includes:
Unlimited local and LD calling in the US and Canada
Direct Dial Phone number included
8x8 Work App for Desktop (Windows or Mac)
8x8 Mobile App (Android or IOS)
Microsoft Teams Integration - requires Microsoft licenses and optional Teams Integration services
Business Phone features including call recording, call transfer (extension or external, blind,
Page: 2 of 6Quote #010601 v1 Page 277 of 417
Executive Summary
attended or direct to VM), Call Forwarding, 3-Way Conference, Do No Disturb, Call Hold, Call
waiting, Call Park, Call Flip, Presence Status, Busy Lamp Fields and Shared Call Appearances and
Music on hold and more
Secure voice calls (TLS and SRTP)
Voice mailbox with voice mail to email and voicemail transcription
X2 All the features and services of X1 PLUS:
1 GB call recording storage
Unlimited Internet fax (Send faxes via fax portal and Receive faxes in portal and/or via fax to
email (requires additional DID for fax number)
Unlimited calling to 14 countries
SMS Text
X4 All the features and services of X2 PLUS:
10 GB call recording storage
FrontDesk Receptionist online console
Unlimited calling to 47 countries
Reporting and Analytics
We have customized your solution to provide the right compliment of services and equipment for your business. 8X8
Cloud Voice is the perfect solution for your business and will allow your business:
1.One solution that will grow with your business whether you add remote workers, office workers or open new
offices across town or across the country. Users can enjoy a centralized phone system with easy extension
dialing, transfer, conference, company directories and voice mail across all users and locations.
2.Enjoy 99.999% reliability on our service powered by 8X8 networks and our dedicated Network of carriers.
3.Future Proof your business - Enjoy Automatic Upgrades and new features as they become available - No Extra
Charge
4.Business Continuity and Disaster Recovery is built into every solution - Calls will still get answered or
automatically forwarded to an alternate location in the event of a disaster such as a fire, loss of power,
Internet outage or other disaster.
We look forward to serving you as a Cloud Voice Customer!
Page: 3 of 6Quote #010601 v1 Page 278 of 417
Monthly Recurring Services & Equipment
Description Qty Recurring Ext. Recurring
8X8 Monthly Recurring Services- Users - 36 month Term
X Series - X2. Includes unlimited calling to 14 countries, 1 DID, HD
Audio, Secure Voice, Voicemail, Workgroups (Auto Attendant, Hunt
Groups, Call Queues), Desktop & Mobile apps with IM & SMS (where
available), Advanced Call Forwarding, Analytics Essentials, Internet Fax
(may require the purchase of an additional DID), Single Sign-on capable,
out of the box integrations to Salesforce, Zendesk, and NetSuite, and VO
Meetings with support for up to 5 participants.X Series - X2
230 $20.00 $4,600.00
8X8 Monthly Recurring Services- Additional Phone Numbers and Toll Free
Phones and Hardware as a Service - Monthly Recurring
Poly VVX 450 Desktop Phone with Power Supply as a Service
- Property of ThreatAdvice
20 $8.75 $175.00
Poly VVX 450 Desktop Phone PoE as a Service
- Power Supply Not Included
- Property of ThreatAdvice
205 $7.50 $1,537.50
Poly VVX D230 DECT Cordless IP Phone Kit as a Service
- Includes Wireless Base Station and Power Adapter
- 1 Year Warranty
- Property of ThreatAdvice
5 $8.00 $40.00
Monthly Subtotal:$6,352.50
One Time Charges
Description Qty Price Ext. Price
8X8 One Time Charges
Activation Charge - Per User on Power Solutions 1500 Plan-Applies to
Virtual User, Traditional User, Receptionist User and Power User
230 $25.00 $5,750.00
8x8 Managed Local Number Porting - Per DID
- If porting less than 10 numbers, a minimum charge of $50 will appear
on your first invoice.
250 $5.00 $1,250.00
Hardware
Subtotal:$7,000.00
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BUDGETARY 8x8 Cloud VoIP Phone System
Prepared by:Prepared for:Quote Information:
ThreatAdvice Security Services, LLC City of Fairhope Quote #: 010601
Kathryn Casteel
251-648-0129
kcasteel@threatadvice.com
555 Section Street
Fairhope, AL 36532
Jeff Montgomery
2519900135
jeff.montgomery@fairhopeal.gov
Version: 1
Delivery Date: 01/04/2024
Expiration Date: 02/29/2024
Quote Summary
Description Amount
One Time Charges $7,000.00
Total:$7,000.00
Monthly Expenses Summary
Description Amount
Monthly Recurring Services & Equipment $6,352.50
Monthly Subtotal:$6,352.50
Estimated Tax:$157.73
Monthly Total:$6,510.23
Recurring Charges:
- All Recurring agreements are 36-Months unless expressly noted otherwise. All agreements automatically renew for a successive 1 year
term at then current pricing upon the expiration of the agreement unless customer provides written notice to us at least 30 days prior to the
expiration of the term. Notices should be sent to 8x8support@threatadvice.com.
Any products or services discussed with any ThreatAdvice employee written or verbally that are not specifically included within the proposal
bill of materials are not included in this agreement and may result in additional charges. ThreatAdvice reserves the right to cancel orders due
to issues from pricing or other errors.
By signing below, the below-listed party, through its below-listed authorized representative, hereby: (a) accepts the terms set forth at
https://www.8x8.com/order-terms/vo-vcc-service-terms and enters into an agreement incorporating such terms with 8x8, Inc., a corporation
formed under the laws of Delaware, having its principal place of business at 675 Creekside Way, Campbell, CA 95008 and (b) acknowledges
and indicates that it has reviewed the notice related to 911 and emergency services set forth at https://www.8x8.com/terms-and-
conditions/911-notice.
Page: 5 of 6Quote #010601 v1 Page 280 of 417
ThreatAdvice Security Services, LLC City of Fairhope
Signature:
Name:Russell Taylor
Title:President
Date:
Signature:
Name:Jeff Montgomery
Title:Director of Information Technology
Date:
Page: 6 of 6Quote #010601 v1 Page 281 of 417
FY24 Telephone Expense Budget Allocation
E 001100 50380 A 2024 20 12 $8,040.00 Telephones
E 001110 50380 A 2024 20 12 $1,464.00 Telephones
E 001120 50380 A 2024 20 12 $2,880.00 Telephones
E 001130 50380 A 2024 20 12 $2,040.00 Telephones
E 001140 50380 A 2024 10 12 $900.00 Telephones
E 001150 50380 A 2024 80 12 $11,880.00 Telephones
E 001170 50380 A 2024 50 12 $1,740.00 Telephones
E 001180 50380 A 2024 20 12 $1,200.00 Telephones
E 001190 50380 A 2024 20 12 $300.00 Telephones
E 001200 50380 A 2024 20 12 $1,620.00 Telephones
E 001240 50380 A 2024 20 12 $600.00 Telephones
E 001250 50380 A 2024 40 12 $1,872.00 Telephones
E 001260 50380 A 2024 10 12 $960.00 Telephones
E 001270 50380 A 2024 10 1 $140.00 Telephones
E 001300 50380 A 2024 20 12 $1,680.00 Telephones
E 001350 50380 A 2024 20 12 $7,200.00 Telephones
E 001460 50380 A 2024 20 12 $600.00 Telephones
E 001500 50380 A 2024 30 12 $1,440.00 Telephones
E 001550 50380 A 2024 20 12 $300.00 Telephones
E 002 50380 A 2024 30 12 $1,200.00 Telephones
E 003 50380 A 2024 30 12 $1,200.00 Telephones
E 004010 50380 A 2024 50 12 $480.00 Telephones
E 005030 50380 A 2024 20 12 $360.00 Telephones
$50,096.00
Page 282 of 417
PUR-004 - 082522
CITY OF FAIRHOPE
PURCHASING DEPARTMENT
PURCHASING REQUEST FORM
Name: Jeff Montgomery Date: 02/19/24
Department: New VoIP System
Expenditure Threshold** Distinctions Quotes Required Approval Green Sheet Resolution
Under $5,000 No restrictions Not Required N/A N/A N/A
Utilities $5,001-$10,000 Operational NON-Budgeted Three Treasurer/Mayor N/A N/A
Greater than:
Gen Govt - $5,001
Utilities - $10,001
Operational NON-Budgeted Three Council Required Required
Gen Govt - $5,001-$15,000
Utilities - $10,001 - $15,000
Operational Budgeted Three Treasurer N/A N/A
Over $15,000/$50,000 Operational Budget* State Bid List or
Buying Group
Treasurer/Mayor N/A N/A
Over $15,000/$50,000 Operational Budgeted Bids Council Required Required
Professional Service Over $5,000 Budgeted or Non-Budgeted Mayor Select Council Required Required
*Budgeted items that meet or are under budget may be purchased with the Mayor and/or Treasurer’s approval if they are on the State Bid list or from an
approved buying group. Items that are over budget must go to Council for approval and will require a green sheet and resolution.
**Expenditure Threshold is a combined total of labor and materials, including materials provided by the City. If the total amount is within $10,000 of
the listed threshold, Purchasing/Treasurer may require a formal bid due to potential materials cost increases.
QUOTES
Vendor Name Vendor Quote
1. AMBIT – TIPS 23105 $ 3 year Total - $138675.32
2. CPSIRE $ 3 Year Total - $212571.00
3. ThreatAdvice 3 Year Total - $237,400.92
Check any applicable boxes: ☒ State Contract ☐ ALDOT ☐ Purchasing Group
☐ Sole Source (Attach Sole Source Justification)
ITEM OR SERVICE INFORMATION
1. What item or service do you need to purchase? VoIP
2. What is the total cost of the item or service? 138675.32
3. How many do you need? 1
4. Item or Service Is: ☐ New ☐ Used ☒ Replacement ☐ Annual Request
5. Vendor Name (Lowest Quote): AMBIT
6. Vendor Number: 3196
If you do not have a Vendor Number, please go to the City of Fairhope page: www.FairhopeAL.gov, Departments,
Purchasing, Vendor Registration, and complete the required information.
BUDGET INFORMATION
1. Is it budgeted? ☒ Yes ☐ No ☐ Emergency Request
2. If budgeted, what is the budgeted amount? 51132.00
3. Budget code: 50380
Email completed form with quotes and other supporting documentation to
Erin.Wolfe@FairhopeAL.gov and Rhonda.Cunningham@FairhopeAL.gov.
Page 283 of 417
CITY OF FAIRHOPE
AGENDA MEMORANDUM Item ID: 2024-276
FROM: Jeff Montgomery
SUBJECT: The Director of Information Technology, Jeff Montgomery, and
Revenue Officer, Jennifer Olmstead, are requesting to procure two
(2) electric vehicles for their departments.
AGENDA
DATE:
March 21, 2024
RECOMMENDED ACTION:
To approve the award of Bid No. 24-022 Two (2) New Ford Mustang Mach E Electric
Vehicles or Equivalent to Buster Miles Ford for $76,324.28.
BACKGROUND INFORMATION:
A service bid was issued on February 2, 2024, posted to the City of Fairhope's website,
and published in the Gulf Coast Media. Two (2) responsive bids and one (1) non-
responsive bid were received at the bid opening on February 20, 2024 at 2:00 p.m. The
lowest bid received was deemed non-responsive because the alternate vehicle bid was
not equivalent to the Ford Mustang Mach E. The cargo space was much smaller and
therefore inadequate for the intended purpose.
The Director of Information Technology recommends the award be made to Buster
Miles Ford. Their bid response price for the two vehicles was Seventy-Six Thousand
Three Hundred Twenty-Four Dollars and Twenty-Eight Cents ($76,324.28).
BUDGET IMPACT/FUNDING SOURCE:
Account No. Account Title Current Budget Cost Available
Budget
001160-
50470
001180-
50470
Purchases Vehicles
and Equip
Purchases Vehicles
and Equip
$40,000.00
$40,000.00
$38,162.14
$38,162.14
$1,837.86
$1,837.86
GRANT:
N/A
Page 284 of 417
LEGAL IMPACT:
N/A
FOLLOW UP IMPLEMENTATION:
For time-sensitive follow up, select deadline date for follow up: N/A
Individual(s) responsible for follow up: N/A
Action required (list contact persons/addresses if documents are to be mailed or
emailed): N/A
Page 285 of 417
RESOLUTION NO. ________
BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF
FAIRHOPE, ALABAMA, as follows:
[1] That the City of Fairhope did request, receive, and open bids to procure services
for (Bid No. 24-022) for Two (2) New Ford Mustang Mach E Electric Vehicles or
Equivalent at 555 South Section Street at the City of Fairhope offices, Fairhope,
Alabama.
[2] At the appointed time and place, bids were received and tabulated as follows:
Please see attached Bid Tabulation
Two (2) New Ford Mustang Mach E Electric Vehicles or Equivalent
[3] After evaluating the bids with required specifications, Buster Miles Ford is now
awarded (Bid No. 24-022) for Two (2) New Ford Mustang Mach E Electric Vehicles
or Equivalent with a bid proposal not-to-exceed $76,324.28.
DULY ADOPTED THIS 21ST DAY OF MARCH 2024
_______________________________
Corey Martin, Council President
Attest:
_____________________________
Lisa A. Hanks, MMC
City Clerk
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Page 302 of 417
555 S Section Street / Fairhope, Alabama 36532
251.928.8003 (p) / www.FairhopeAL.gov
COF-PUR-003
091321
CITY OF FAIRHOPE
PURCHASING DEPARTMENT
PROJECT REQUEST FORM
Requestor: Jeff Montgomery / Jennifer Olmstead Department: IT and Revenue
Project Name: Two (2) EV Vehicles
Project Description:
Project Category: x Bid Professional Service Other:
Budget Amount: 80,000 Budget Code: 001160/001180 - 50470
Budgeted for Current FY: x Yes No
BID INFORMATION
Bid Duration: 2 weeks Project Duration:
Engineer of Record:
Pre-Bid Meeting: x No Yes Mandatory Non-Mandatory
Scope of Work Provided By: Jeff Montgomery Contract Extensions: No Yes
Project Manager:
Insurance Requirements: Minimum Maximum
Bonds: Bid Performance Labor & Materials
Related Bids/RF’s
FORCE ACCOUNT INFORMATION
Force Account Project: No Yes Estimated Amount: Budget Code:
Notes:
SIGNATURES
Requestor: Senior Accountant:
City Treasurer: Mayor:
Jeff Montgomery (Jan 11, 2024 14:52 CST)Suzanne Doughty (Jan 12, 2024 16:31 CST)
Suzanne Doughty
Page 303 of 417
Project Request Form - EV
Final Audit Report 2024-01-15
Created:2024-01-11
By:Erin Wolfe (erin.wolfe@fairhopeal.gov)
Status:Signed
Transaction ID:CBJCHBCAABAA0tFtnQopCJqJtI4RzH43Hup0E-CJEgO1
"Project Request Form - EV" History
Document created by Erin Wolfe (erin.wolfe@fairhopeal.gov)
2024-01-11 - 3:18:27 PM GMT
Document emailed to Jeff Montgomery (jeff.montgomery@fairhopeal.gov) for signature
2024-01-11 - 3:19:05 PM GMT
Document e-signed by Jeff Montgomery (jeff.montgomery@fairhopeal.gov)
Signature Date: 2024-01-11 - 8:52:37 PM GMT - Time Source: server
Document emailed to Suzanne Doughty (suzanne.doughty@fairhopeal.gov) for signature
2024-01-11 - 8:52:38 PM GMT
Email viewed by Suzanne Doughty (suzanne.doughty@fairhopeal.gov)
2024-01-12 - 10:29:54 PM GMT
Document e-signed by Suzanne Doughty (suzanne.doughty@fairhopeal.gov)
Signature Date: 2024-01-12 - 10:31:14 PM GMT - Time Source: server
Document emailed to Kimberly Creech (kimberly.creech@fairhopeal.gov) for signature
2024-01-12 - 10:31:15 PM GMT
Document e-signed by Kimberly Creech (kimberly.creech@fairhopeal.gov)
Signature Date: 2024-01-12 - 10:53:17 PM GMT - Time Source: server
Document emailed to Sherry Sullivan (sherry.sullivan@fairhopeal.gov) for signature
2024-01-12 - 10:53:19 PM GMT
Email viewed by Sherry Sullivan (sherry.sullivan@fairhopeal.gov)
2024-01-15 - 3:18:38 PM GMT
Document e-signed by Sherry Sullivan (sherry.sullivan@fairhopeal.gov)
Signature Date: 2024-01-15 - 4:21:31 PM GMT - Time Source: server
Page 304 of 417
Agreement completed.
2024-01-15 - 4:21:31 PM GMT
Page 305 of 417
CITY OF FAIRHOPE
AGENDA MEMORANDUM Item ID: 2024-278
FROM: Wes Boyett, GAS SUPERINTENDENT
SUBJECT: The Superintendent of the Gas Department, Wes Boyett has
requested the procurement of a GPL 750 Standard C1D2 Gas
Odorizer and the start-up and training for the system.
AGENDA
DATE:
March 21, 2024
RECOMMENDED ACTION:
To approve the Sole Source procurement of the gas odorizer, start-up and training from
Ed Young Sales Company, Inc. for $65,948.86.
BACKGROUND INFORMATION:
The Gas Department is in need of a gas odorizer. Ed Young Sales Company, Inc. is
the sole source master distributor of the GPL 750 Standard C1D2 Gas Odorizer.
LincEnergy is the manufacturer and sole source for start up and training for the gas
odorizer. The cost of the odorizer from Ed Young Sales Company, Inc. is Fifty-Two
Thousand One Hundred Ninety Dollars and Ninety-Two Cents ($52,190.92). The cost of
the start up and training from LINC Energy Systems, Inc. is Thirteen Thousand Three
Hundred Fifty Dollars ($13,350.00). The total cost for the odorizer, start-up and training
is Sixty Five Thousand Nine Hundred Forty-Eight Dollars and Eighty-Six Cents
($65,948.86).
The odorizer is not budgeted, but is needed due to failure of the existing odorizer.
The Gas Superintendent requests approval to reallocate funds that were
pinpointed for a new rectifier for this purchase.
BUDGET IMPACT/FUNDING SOURCE:
Account No. Account Title Current Budget Cost Available
Budget
002-50470
002-59500
(Line 80)
Gas -
Vehicle/Equip
Gas - Utility Sys
Imprv
$0.00
$75,000.00
$65,948.86
$0.00
($65,948.86)
$75,000.00
Treasury to transfer $75,000.00 from Gas Utility System Improvements to Gas
Vehicle/Equipment Capital Purchases.
Page 306 of 417
GRANT:
N/A
LEGAL IMPACT:
N/A
FOLLOW UP IMPLEMENTATION:
For time-sensitive follow up, select deadline date for follow up: N/A
Individual(s) responsible for follow up: N/A
Action required (list contact persons/addresses if documents are to be mailed or
emailed): N/A
Page 307 of 417
RESOLUTION NO. ________
BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF
FAIRHOPE, ALABAMA, as follows:
[I] That the City of Fairhope approves the procurement of a GPL 750 Standard C1D2
Gas Odorizer and the Start-up and Training for the System from Ed Young Sales
Company for a not-to-exceed cost of $65,948.86.
[2] Ed Young Sales Company, Inc. is the Sole Source Master Distributor.
ADOPTED ON THIS 21ST DAY OF MARCH 2024
____________________________
Corey Martin, Council President
Attest:
_____________________________
Lisa A. Hanks, MMC
City Clerk
Page 308 of 417
Quote
Q012224_9988 1/22/2024
Quote Number Date
Printed : 1/23/2024 Page: 1
Invoice To Sold To Ship To
Fairhope, City of Fairhope, City of Fairhope, City of
555 South Section St.555 South Section St.
PO Drawer 429 PO Drawer 429 555 South Section St.-36532
Fairhope, AL 36532-0429 Fairhope, AL 36532-0429 Fairhope, AL 36532-0429
Tel: (251) 990-0147 Tel: (251) 990-0147 Tel: (251) 990-0147
Fax: (251) 990-0156 Fax: (251) 990-0156 Fax: (251) 990-0156
Principal
Principal PO # Q012224_9988
ED YOUNG SALES COMPANY
136 Patrick Road
Gastonia, NC 28056
Fax:
Terms Sales Rep FOB Ship Via Cancel Date
NET 30 DAYS JOEL CHAMBERS ORIGIN BEST WAY PPD&INVOICE
Item Number Description QTY Price Discount Amount Schedule Date
Request Date
GPL 750 GPL 750 STANDARD C1D2 1.0 $44,287.33000 $0.00 $44,287.33
Line Notes : Pressure Range up to 200 PSI(Higher Pressure Ratings
Available)
- Flow Range 0-750,000 SCFH at .5#/MM Injection
Rate(Higher Capacity Available)
- Horner XL7 Controller 7` Display w/ Heated display
- Solenoid Operation, Drip Style Odorizer
- Includes quantity of (2) enclosures one for the drip chamber
and one for the electronics
- Designed for Class 1 Division 2 Groups C and D
- Heater and T-stat 120VAC input
-RV50X Wireless Modem Package
MOUNTING POLE FABRICATED MOUNTING POLE 1.0 $5,192.61000 $0.00 $5,192.61
PIPELINE TAP SWAGELOK 1.0 $2,710.98000 $0.00 $2,710.98
Notes:
PRICE DOES NOT INCLUDE FREIGHT
ATTACHED TERMS AND CONIDITIONS APPLY
SEE SEPARATE QUOTE 9989 FROM LINC ENERGY FOR START-UP AND TRAINING FEES. THIS QUOTE SHOULD BE PURCHASED DIRECTLY FROM
LINC ENERGY
Taxable $0.00
Tax $0.00
Exempt $52,190.92
Freight $0.00
Total $52,190.92
Page 309 of 417
Quotation
Date
1/19/2024
Quotation #
9989
Customer/Address
City Of Fairhope
PO Drawer 429
Fairhope AL 36533
Ship To
City Of Fairhope
Main Warehouse
555 South Section Street
Fairhope, AL 36532
TERMS
Net 30 Days
REP
LC
FOB
Service
Start-up Training
Prepaid or Collect
PP and ADD
TOTAL
LINC Energy Systems, Inc.
12450 W. Cedar Dr.
Lakewood, CO 80228
303-697-6701
NOTE: Quotation subject to Linc Terms & Conditions! A minimum of 25% will be charged on all items returned within 30 days-over 30 days or special order no
returns accepted! All return items subject to management approval with completed Linc Energy Systems authorization form.
Quotation good for thirty (30) days only from date of issue!
DESCRIPTIONQTY COST TOTALITEM
Start-Up & Training Fees for GPL750 Odorizer
- Start-Up assitance after gas flow has been initiated
- 2 Technicians 1 Day
- On site training for operators/technicians
- Administration and review of GPL750 Factory Certification
Test(Includes certificate of completion after test has been
passed)
-Includes supervision of third party installer
***Note that Factory Certification Test is not an OQ
Certification***
****Fee of $3,500.00/day for each additional day on-site.****
1 9,850.00 9,850.00Start-Up & Training
Day Rate for classrom training1 3,500.00 3,500.00GPL Field Service
Total sales tax calculated by AvaTax 0.00 0.00
Select this as a transaction's tax to use AvaTax 0.00%0.00
**DISCLAIMER: LINC Energy Systems, Inc. does NOT collect sales tax outside the state of Colorado. Goods sold for use solely outside of
Colorado are subject to the local use tax, not sales tax, determined by the location of delivery. Buyer agrees to pay any federal, state, local use tax,
transporation tax, excise or other tax or charge which may be imposed by reason of receipt of delivery thereof.
$13,350.00
Page 310 of 417
TERMS OF SALE
PAYMENT TERMS: All sales are NET 30 DAYS from invoice date with approved credit. Any order submitted with NET 60 DAYS will be
subject to a 25% price increase from the original invoice total.
FREIGHT: Unless specifically stated, all sales are made FCA – Lakewood, CO. Shipments are usually UPS or motor “Prepay and
Add".
TAXES: If your order is exempt from state and local sales tax, please provide us with your tax exemption certificate for the state
where the equipment is being shipped.
PRICES: All prices are subject to change without notice. PLEASE NOTE THAT ODORANT STORAGE VESSEL PRICES DO NOT
INCLUDE ODORANT FILL. PRICE FOR ODORANT FILL TO BE QUOTED SEPERATELY IF REQUIRED BY CUSTOMER.
RETURNS: GPL Odorizers will accept no merchandise for return without written approval
APPROVAL
DRAWINGS:
Our standard practice is to furnish the customer with approval drawings for the equipment purchased. The purpose of
these drawings is to have them sign off on the overall dimensions and connections to their equipment. It is important
that the customer realize that they must provide accurate information regarding the connection of the sampling
equipment to their process system. Production will not start until signed approval drawings are returned. For those
cases where delivery is critical and the customer has provided all required information at the time of order, the customer
may elect to waive approval drawings. Dimensional drawings or certified drawings will be furnished.
DELIVERY: Our objective is 10 weeks after receipt of order. These schedules are based upon shop load at time of quote and may
CANCELLATION
CHARGES:
EQUIPMENT STORAGE
CHARGES:
change at time of order. Special design, materials or components may extend delivery times. When approval drawings
are specified, a name, street and e-mail addresses MUST be furnished.
10% after completion of approval drawings and 25% after completion of certified drawings.
In instances where a delayed shipment is requested by customer, odorization equipment will be invoiced on the date that
manufacturing is complete regardless of ship date. Delayed shipments will incur a storage fee per square foot (at current
rental rate) per month until the equipment is shipped from GPL facility. Storage fees will not be prorated, customer will be
billed for entire month that equipment is stored regardless of when during the rental month it is shipped from GPL facility.
Square footage to be determined by total square footage of packaged/crated equipment plus 1’ on all sides.
WARRANTY: GPL Odorizers (“Seller”) warrants products manufactured by it and supplied hereunder to be free from defects in
workmanship and, to the extent materials are selected by Seller, to be free from defects in materials, in each case for a
period as defined in the table below:
Product Line Warranty Period
Odorizers Eighteen months from date of shipment
If within such period any such products shall be proved to Seller’s satisfaction to be defective, such products shall be
repaired or replaced at Seller’s option. Seller’s sole obligation and Buyer’s exclusive remedy hereunder shall be such
repair and replacement and shall be conditioned upon Seller’s receiving written notice of any alleged defect within 10
days after its discovery and, at Seller’s option, return of such product to Seller, FOB GPL’s factory or provision of
evidence (e.g., photographs) of such defect satisfactory to Seller.
Warranty Conditions & Limitations
This Warranty shall not apply to any GPL product which, in the opinion of GPL Odorizers Inc has been (a) altered or
repaired in a manner affecting the efficiency or performance of the unit or (b) incorrectly installed or operated or (c)
damaged in shipment or (d) damaged by flood or fire or (e) if the serial number is missing, altered or defaced.
Any materials required to be used by Seller as provided in customer specifications or instructions are excluded from the
foregoing warranty and customer assumes sole responsibility for the selection of such materials. Customer further
acknowledges and agrees that, to the extent Customer requests that GPL make any recommendations with respect to
materials to be used in connection with products, Seller may rely on published reference literature, that any references
based on third-party studies may not correlate directly with the end user’s intended usage or process (i.e., chemical
composition, concentrations, temperatures, etc.), and that Customer is solely responsible for the final determination with
respect to which materials are to be used in connection with the products.
EXCEPT FOR THE LIMITED WARRANTIES SET FORTH HEREIN, SELLER HEREBY DISCLAIMS ANY AND ALL
WARRANTIES AND REPRESENTATIONS (EXPRESS OR IMPLIED, ORAL OR WRITTEN), INCLUDING ANY AND
ALL IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PURPOSE WHETHER OR NOT
SELLER KNOWS, OR HAS REASON TO KNOW, HAS BEEN ADVISED, OR IS OTHERWISE IN FACT AWARE OF
ANY SUCH PURPOSE, WHETHER ALLEGED TO ARISE BY LAW, BY REASON OF CUSTOM OR USAGE IN THE
TRADE, OR BY COURSE OF DEALING OR PERFORMANCE. Without limiting the generality of the foregoing, Seller
makes no warranty regarding ability of products sold hereunder to withstand erosion or corrosion, or regarding material
compatibility of elastomers in specific services, and no warranty made hereunder shall apply to products which have
been subjected to adverse storage.
The owner shall be responsible for maintenance of his equipment. Wear or damage caused by lack of normal
maintenance or by misuse of the equipment shall not be considered as defective workmanship and material.
GPL, and its subsidiaries, reserves the right to make product design changes or improvements without notice and
without imposing any obligation upon itself to install these changes or improvements on its products previously
manufactured.
PLEASE NOTE THAT GPL ODORIZERS WARRANTY DOES NOT COVER LABOR CHARGES OR WEAR PARTS,
ALL WARRANTY WORK AND WEAR PARTS TO BE PAID FOR BY CUSTOMER.
1.Important GP N L will otes: not be responsible for damage incurred during the return shipment.
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2.All returns subject to inspection and a minimum $100.00 evaluation fee for any products found not to be
defective.
3.An RMA is not authorization for credit. Credits and/or replacements will be issued upon evaluation of returned
goods.
4.RMA is valid for thirty (30) days from issue date.
5.Warranty does not include travel costs or field labor, warranty is for defective parts only after evaluation by
factory personnel.
6.Warranty does not include shipping costs
Receiving Shipments (including loss or damage by transportation)
It is the customer’s responsibility to check for missing cartons and sign of damage to cartons. If found, customer should
note missing and/or damaged cartons on the delivery receipt and have delivery receipt signed by the representative of
the transportation company. If unpacking discloses concealed damage from rough handling, the customer should
request a concealed damage inspection from the transportation company.
The GPL Customer Service Department will aid your organization in any claim proceeding for shortages or damages in
shipment, but it is the receiver’s responsibility to file claim with the carrier for damage or loss.
Liability Limitation
IN NO EVENT, WHETHER FOR BREACH OF WARRANTY OR OTHER CONTRACT BREACH, NEGLIGENCE OR
OTHER TORT, OR ON ANY STRICT LIABILITY THEORY, SHALL GPL ODORIZORS, ITS SUBSIDIARIES OR ITS
SUPPLIERS BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING
BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION,
OR OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE PRODUCTS, EVEN
IF GPL ODORIZERS OR ANY OF ITS SUBSIDIARIES, HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES.
UNIT ORDERS: Orders are to be placed with Linc Energy Systems Inc. and must include, besides specifics concerning the equipment,
"Bill To" and "Ship To" addresses with zip codes for both. All purchase orders are to be issued to Linc Energy Systems
Inc. C/O GPL Odorizers.
PARTS ORDERS: The serial number(s) must be included with purchase order to ensure proper replacement parts. Again, it will be
necessary to include the "Bill To" and "Ship To" addresses with zip codes for both. The serial number(s) MUST be
included with parts orders. MINIMUM PARTS ORDER IS $100.00.
Mailing and Physical Address:
Linc Energy Systems Inc.
12450 West Cedar Drive
Lakewood, CO. 80228
WWW.LINCENERGYSYSTEMS.COM
www.GASODORIZER.com
Remit-to address for payments:
Linc Energy Systems Inc.
12450 West Cedar Drive
Lakewood, CO. 80228
Page 312 of 417
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PUR-004 - 082522
CITY OF FAIRHOPE
PURCHASING DEPARTMENT
PURCHASING REQUEST FORM
Name: Wes Boyett Date: 2/26/2024
Department: Gas
Expenditure Threshold** Distinctions Quotes Required Approval Green Sheet Resolution
Under $5,000 No restrictions Not Required N/A N/A N/A
Utilities $5,001-$10,000 Operational NON-Budgeted Three Treasurer/Mayor N/A N/A
Greater than:
Gen Govt - $5,001
Utilities - $10,001
Operational NON-Budgeted Three Council Required Required
Gen Govt - $5,001-$30,000
Utilities - $10,001 - $30,000
Operational Budgeted Three Treasurer N/A N/A
Over $30,000 Operational Budget* State Bid List or
Buying Group
Treasurer/Mayor N/A N/A
Over $30,000/$100,000 Operational Budgeted Bids Council Required Required
Professional Service Over $5,000 Budgeted or Non-Budgeted Mayor Select Council Required Required
*Budgeted items that meet or are under budget may be purchased with the Mayor and/or Treasurer’s approval if they are on the State Bid list or from an
approved buying group. Items that are over budget must go to Council for approval and will require a green sheet and resolution.
**Expenditure Threshold is a combined total of labor and materials, including materials provided by the City. If the total amount is within $10,000 of
the listed threshold, Purchasing/Treasurer may require a formal bid due to potential materials cost increases.
QUOTES
Vendor Name Vendor Quote
1. Ed Young Dales Company $ 65,948.86
2. Click or tap here to enter text. $
3. Click or tap here to enter text. $
Check any applicable boxes: ☐ State Contract ☐ ALDOT ☐ Purchasing Group
☒ Sole Source (Attach Sole Source Justification)
ITEM OR SERVICE INFORMATION
1. What item or service do you need to purchase? Gas Odorizer
2. What is the total cost of the item or service? 65,948.86
3. How many do you need? 1
4. Item or Service Is: ☒ New ☐ Used ☐ Replacement ☐ Annual Request
5. Vendor Name (Lowest Quote): Ed Young Sales Company
6. Vendor Number: 20964
If you do not have a Vendor Number, please go to the City of Fairhope page: www.FairhopeAL.gov, Departments,
Purchasing, Vendor Registration, and complete the required information.
BUDGET INFORMATION
1. Is it budgeted? ☐ Yes ☒ No ☐ Emergency Request
2. If budgeted, what is the budgeted amount? Click or tap here to enter text.
3. Budget code: Click or tap here to enter text.
Email completed form with quotes and other supporting documentation to
Erin.Wolfe@FairhopeAL.gov and Rhonda.Cunningham@FairhopeAL.gov.
Page 314 of 417
CITY OF FAIRHOPE
AGENDA MEMORANDUM Item ID: 2024-281
FROM: Daryl Morefield, WATER SUPERINTENDENT
SUBJECT: The Superintendent of Water/ Wastewater is requesting procurement
of pipes, valves and fittings to bring raw water from Well No. 13 to
the City's Water Treatment Plant No. 3.
AGENDA
DATE:
March 21, 2024
RECOMMENDED ACTION:
To approve the award of Bid No. 24-038 Pipes, Valves and Fittings for Well No. 13 at
Water Treatment Plant No. 3.
BACKGROUND INFORMATION:
A service bid was issued on March 6, 2024 and posted to the City of Fairhope's website.
Four (4) responsive bids were received at the bid opening on March 13, 2024 at 9:00
a.m.
The Superintendent of Water/Wastewater recommends the award be made to
Consolidated Pipe & Supply. Their low bid response price for the entire procurement
was Seventy-Nine Thousand Two Hundred Twenty-Nine Dollars ($79,229.00).
BUDGET IMPACT/FUNDING SOURCE:
Account No. Account Title Current Budget Cost Available
Budget
004010-
59501-20
Water-System
Imprv
$79,229.00 $79,229.00 $0.00
GRANT:
N/A
LEGAL IMPACT:
N/A
FOLLOW UP IMPLEMENTATION:
For time-sensitive follow up, select deadline date for follow up: N/A
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Individual(s) responsible for follow up: N/A
Action required (list contact persons/addresses if documents are to be mailed or
emailed): N/A
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RESOLUTION NO. ________
BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF
FAIRHOPE, ALABAMA, as follows:
[1] That the City of Fairhope did request, receive, and open bids to procure services
for (Bid No. 24-038) for Pipes, Valves and Fittings for Well No. 13 at Water
Treatment Plant No. 3 at 555 South Section Street at the City of Fairhope offices,
Fairhope, Alabama.
[2] At the appointed time and place, bids were received and tabulated as follows:
Please see attached Bid Tabulation
Pipes, Valves and Fittings for Well No. 13
At Water Treatment Plant No. 3
[3] After evaluating the bids with required specifications, Consolidated Pipe &
Supply is now awarded (Bid No. 24-038) for Pipes, Valves and Fittings for Well No.
13 at Water Treatment Plant No. 3 with a bid proposal not-to-exceed $79,229.00.
DULY ADOPTED THIS 21ST DAY OF MARCH 2024
_______________________________
Corey Martin, Council President
Attest:
_____________________________
Lisa A. Hanks, MMC
City Clerk
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555 S Section Street / Fairhope, Alabama 36532
251.928.8003 (p) / www.FairhopeAL.gov
COF-PUR-003
091321
CITY OF FAIRHOPE
PURCHASING DEPARTMENT
PROJECT REQUEST FORM
Requestor: Daryl Morefield Department: Water Project
Name: Well #13
Project Description: Purchase pipe, valves & fittings to bring raw water to treatment plant #3
Project Category: X Bid Professional Service Other:
Budget Amount: $85,000.00 Budget Code: 004010-59501-20
Budgeted for Current FY: X Yes No
BID INFORMATION
Bid Duration: Project Duration:
Engineer of Record:
Pre-Bid Meeting: X No Yes Mandatory Non-Mandatory
Scope of Work Provided By: Contract Extensions: No Yes
Project Manager:
Insurance Requirements: Minimum Maximum
Bonds: Bid Performance Labor & Materials
Related Bids/RF’s
FORCE ACCOUNT INFORMATION
Force Account Project: No Yes Estimated Amount: Budget Code:
Notes:
SIGNATURES
Requestor: Senior Accountant:
City Treasurer: Mayor:
Suzanne Doughty (Mar 4, 2024 14:41 CST)
Suzanne Doughty
Page 351 of 417
TP#3 Pipe Project Request Form
Final Audit Report 2024-03-04
Created:2024-03-04
By:Erin Wolfe (erin.wolfe@fairhopeal.gov)
Status:Signed
Transaction ID:CBJCHBCAABAArBkOPtFt3dy9rK77h2HQf1pXGxkqWLRV
"TP#3 Pipe Project Request Form" History
Document created by Erin Wolfe (erin.wolfe@fairhopeal.gov)
2024-03-04 - 3:24:22 PM GMT
Document emailed to Suzanne Doughty (suzanne.doughty@fairhopeal.gov) for signature
2024-03-04 - 3:24:26 PM GMT
Email viewed by Suzanne Doughty (suzanne.doughty@fairhopeal.gov)
2024-03-04 - 8:37:54 PM GMT
Document e-signed by Suzanne Doughty (suzanne.doughty@fairhopeal.gov)
Signature Date: 2024-03-04 - 8:41:32 PM GMT - Time Source: server
Document emailed to Kimberly Creech (kimberly.creech@fairhopeal.gov) for signature
2024-03-04 - 8:41:33 PM GMT
Document e-signed by Kimberly Creech (kimberly.creech@fairhopeal.gov)
Signature Date: 2024-03-04 - 11:06:19 PM GMT - Time Source: server
Document emailed to Sherry Sullivan (sherry.sullivan@fairhopeal.gov) for signature
2024-03-04 - 11:06:21 PM GMT
Email viewed by Sherry Sullivan (sherry.sullivan@fairhopeal.gov)
2024-03-04 - 11:17:17 PM GMT
Document e-signed by Sherry Sullivan (sherry.sullivan@fairhopeal.gov)
Signature Date: 2024-03-04 - 11:17:38 PM GMT - Time Source: server
Agreement completed.
2024-03-04 - 11:17:38 PM GMT
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CITY OF FAIRHOPE
AGENDA MEMORANDUM Item ID: 2024-283
FROM: Ben Patterson, ELECTRIC SUPERINTENDENT
SUBJECT: The Superintendent of the Electric Department, Ben Patterson, has
requested to procure an annual contract for Utility Right of Way
Clearing and Vegetation Management for the Electric Department.
AGENDA
DATE:
March 21, 2024
RECOMMENDED ACTION:
To award Bid No. 24-007 Utility Right of Way Clearing and Vegetation Management -
Electric Department for the annual amount not-to-exceed $461,650.00.
BACKGROUND INFORMATION:
A service bid was issued on December 22, 2023, posted to the City of Fairhope’s
website, and advertised with Gulf Coast Media for three (3) weeks. Six (6) responsive
bids and one (1) non-responsible bid were received at the bid opening on January 25,
2024 at 2:00 p.m. The lowest received responsive and responsible bid was from Tree
Professionals, Inc.
Our recommendation is to award this bid to Tree Professionals, Inc. for the annual not-
to-exceed cost of Four Hundred Sixty-One Thousand Six Hundred Fifty Dollars
($461,650.00).
BUDGET IMPACT/FUNDING SOURCE:
Account No. Account Title Current Budget Cost Available
Budget
003-50365 Plant-Maintenance $500,000.00 $461,650.00 $38,350.00
GRANT:
N/A
LEGAL IMPACT:
N/A
FOLLOW UP IMPLEMENTATION:
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For time-sensitive follow up, select deadline date for follow up: N/A
Individual(s) responsible for follow up: N/A
Action required (list contact persons/addresses if documents are to be mailed or
emailed): N/A
Page 354 of 417
RESOLUTION NO. ______
BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF
FAIRHOPE, ALABAMA, as follows:
[1] That the City of Fairhope did request, receive, and open bids to procure services
for (Bid No. 24-007) Utility Right of Way Clearing and Vegetation Management at
555 South Section Street, City of Fairhope offices, Fairhope, Alabama.
[2] At the appointed time and place, bids were received and tabulated as follows:
Please see attached Bid Tabulation
Utility Right of Way Clearing and Vegetation Management
[3] After evaluating the bids with required specifications, Tree Professionals, Inc. is
now awarded (Bid No. 24-007) Utility Right of Way Clearing and Vegetation
Management for the annual not-to-exceed cost of $461,650.00.
DULY ADOPTED THIS 21ST DAY OF MARCH 2024
_______________________________
Corey Martin, Council President
Attest:
_____________________________
Lisa A. Hanks, MMC
City Clerk
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Suzanne Doughty (Oct 30, 2023 14:39 CDT)
Suzanne Doughty
sdd
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Project Request Form - ROW Tree Trim -
Electric
Final Audit Report 2023-10-31
Created:2023-10-30
By:Erin Wolfe (erin.wolfe@fairhopeal.gov)
Status:Signed
Transaction ID:CBJCHBCAABAAtEwzfIScrBFFeXTiS41u0tY8DHKArU9-
"Project Request Form - ROW Tree Trim - Electric" History
Document created by Erin Wolfe (erin.wolfe@fairhopeal.gov)
2023-10-30 - 6:56:21 PM GMT
Document emailed to Suzanne Doughty (suzanne.doughty@fairhopeal.gov) for signature
2023-10-30 - 6:57:04 PM GMT
Email viewed by Suzanne Doughty (suzanne.doughty@fairhopeal.gov)
2023-10-30 - 7:39:07 PM GMT
Document e-signed by Suzanne Doughty (suzanne.doughty@fairhopeal.gov)
Signature Date: 2023-10-30 - 7:39:44 PM GMT - Time Source: server
Document emailed to Kimberly Creech (kimberly.creech@fairhopeal.gov) for signature
2023-10-30 - 7:39:46 PM GMT
Email viewed by Kimberly Creech (kimberly.creech@fairhopeal.gov)
2023-10-31 - 12:57:23 PM GMT
Document e-signed by Kimberly Creech (kimberly.creech@fairhopeal.gov)
Signature Date: 2023-10-31 - 12:57:46 PM GMT - Time Source: server
Document emailed to Sherry Sullivan (sherry.sullivan@fairhopeal.gov) for signature
2023-10-31 - 12:57:47 PM GMT
Email viewed by Sherry Sullivan (sherry.sullivan@fairhopeal.gov)
2023-10-31 - 12:58:39 PM GMT
Document e-signed by Sherry Sullivan (sherry.sullivan@fairhopeal.gov)
Signature Date: 2023-10-31 - 12:59:35 PM GMT - Time Source: server
Page 407 of 417
Agreement completed.
2023-10-31 - 12:59:35 PM GMT
Page 408 of 417
CITY OF FAIRHOPE
AGENDA MEMORANDUM Item ID: 2024-288
FROM: Pat White, PARKS & RECREATION DIRECTOR
SUBJECT: The Director of Parks and Recreation, Pat White, and the Marina
Manager, Mark Redditt, are requesting to hire a professional
consultant to perform a market feasibility study for the Fairhope
Docks Marina.
AGENDA
DATE:
March 21, 2024
RECOMMENDED ACTION:
To approve the selection by the Mayor for RFQ PS24-017 Professional Consulting
Services for a market feasibility study for the Fairhope Docks Marina.
BACKGROUND INFORMATION:
The reason for the study is to better understand and assess the market environment in
our area and identify potential customers and additional sources of revenue for the
Fairhope Docks Marina.
BUDGET IMPACT/FUNDING SOURCE:
Account No. Account Title Current Budget Cost Available
Budget
001340-
50290
Marina -
Professional Svcs
$10,000.00 $TBD $TBD
GRANT:
N/A
LEGAL IMPACT:
N/A
FOLLOW UP IMPLEMENTATION:
For time-sensitive follow up, select deadline date for follow up: N/A
Individual(s) responsible for follow up: N/A
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Action required (list contact persons/addresses if documents are to be mailed or
emailed): N/A
Page 410 of 417
RESOLUTION NO. ________
BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF
FAIRHOPE, ALABAMA, as follows:
[1] That the City Council approves the selection of US Marina Group for (RFQ PS24-
017) Professional Consulting Services for a Market Feasibility Study for the Fairhope
Docks Marina; and hereby authorizes Mayor Sherry Sullivan to negotiate the fee
schedule.
DULY ADOPTED THIS 6TH DAY OF MARCH 2024
_______________________________
Corey Martin, Council President
Attest:
_____________________________
Lisa A. Hanks, MMC
City Clerk
Page 411 of 417
Sherry Sullivan
Mayor
Council Members:
Kevin G. Boone
Jack Burrell, ACMO
Jimmy Conyers
Corey Martin
Jay Robinson
Lisa A. Hanks, MMC
City Clerk
Kimberly Creech
Treasurer
61 North Section St.
PO Box 429
Fairhope, AL 36533
251-928-2136 (p)
MEMO
To: Lisa Hanks, City Clerk
Kim Creech, Treasurer
From: ______________________________
Erin Wolfe, Purchasing Manager
Date: March 4, 2024
Re: RFQ PS24-017 Professional Consulting Services for a Market Feasibility
Study for the Fairhope Docks Marina
The Marina Manager, Mark Redditt, is requesting the hiring of a professional consulting
firm to conduct a market feasibility study for the Fairhope Docks Marina.
Per our Procedure for Procuring Professional Services, Mark Redditt and I are
providing firms for the Mayor to select from for the work.
Please move this procurement of professional services forward to the Mayor for the
selection of a professional service provider.
The short list is:
_____________ ___________ US Marina Group
_____________ ___________ None. Submit another list
Cc: file, Mark Reddit, Pat White, Mayor Sherry Sullivan
14/03/2024
Page 412 of 417
Memo to choose - Marina Market Feasibility
Study - Corrected
Final Audit Report 2024-03-14
Created:2024-03-13
By:Erin Wolfe (erin.wolfe@fairhopeal.gov)
Status:Signed
Transaction ID:CBJCHBCAABAAy8_9nX8n5JuOq2KyVgLG-8SuyKdOrskW
"Memo to choose - Marina Market Feasibility Study - Corrected"
History
Document created by Erin Wolfe (erin.wolfe@fairhopeal.gov)
2024-03-13 - 3:46:36 PM GMT
Document emailed to Sherry Sullivan (sherry.sullivan@fairhopeal.gov) for signature
2024-03-13 - 3:46:40 PM GMT
Email viewed by Sherry Sullivan (sherry.sullivan@fairhopeal.gov)
2024-03-14 - 1:18:41 PM GMT
Document e-signed by Sherry Sullivan (sherry.sullivan@fairhopeal.gov)
Signature Date: 2024-03-14 - 1:21:51 PM GMT - Time Source: server
Agreement completed.
2024-03-14 - 1:21:51 PM GMT
Page 413 of 417
PUR-004 - 082522
CITY OF FAIRHOPE
PURCHASING DEPARTMENT
PURCHASING REQUEST FORM
Name: Mark Redditt Date: 02/29/2024
Department: Parks and Recreation – Fairhope Docks
Expenditure Threshold** Distinctions Quotes Required Approval Green Sheet Resolution
Under $5,000 No restrictions Not Required N/A N/A N/A
Utilities $5,001-$10,000 Operational NON-Budgeted Three Treasurer/Mayor N/A N/A
Greater than:
Gen Govt - $5,001
Utilities - $10,001
Operational NON-Budgeted Three Council Required Required
Gen Govt - $5,001-$30,000
Utilities - $10,001 - $30,000
Operational Budgeted Three Treasurer N/A N/A
Over $30,000 Operational Budget* State Bid List or
Buying Group
Treasurer/Mayor N/A N/A
Over $30,000/$100,000 Operational Budgeted Bids Council Required Required
Professional Service Over $5,000 Budgeted or Non-Budgeted Mayor Select Council Required Required
*Budgeted items that meet or are under budget may be purchased with the Mayor and/or Treasurer’s approval if they are on the State Bid list or from an
approved buying group. Items that are over budget must go to Council for approval and will require a green sheet and resolution.
**Expenditure Threshold is a combined total of labor and materials, including materials provided by the City. If the total amount is within $10,000 of
the listed threshold, Purchasing/Treasurer may require a formal bid due to potential materials cost increases.
QUOTES
Vendor Name Vendor Quote
1. Jim Bronstien – US Marina Group $ TBD
2. Click or tap here to enter text. $
3. Click or tap here to enter text. $
Check any applicable boxes: ☐ State Contract ☐ ALDOT ☐ Purchasing Group
☐ Sole Source (Attach Sole Source Justification)
ITEM OR SERVICE INFORMATION
1. What item or service do you need to purchase? Market Feasibility Study
2. What is the total cost of the item or service? $10,000
3. How many do you need? 1
4. Item or Service Is: ☐ New ☐ Used ☐ Replacement ☐ Annual Request
5. Vendor Name (Lowest Quote): Jim Bronstien – US Marina Group
6. Vendor Number: Click or tap here to enter text.
If you do not have a Vendor Number, please go to the City of Fairhope page: www.FairhopeAL.gov, Departments,
Purchasing, Vendor Registration, and complete the required information.
BUDGET INFORMATION
1. Is it budgeted? ☒ Yes ☐ No ☐ Emergency Request
2. If budgeted, what is the budgeted amount? $10,000
3. Budget code: 001340 – 50290 Professional Services
Email completed form with quotes and other supporting documentation to
Erin.Wolfe@FairhopeAL.gov and Rhonda.Cunningham@FairhopeAL.gov.
Page 414 of 417
CITY OF FAIRHOPE
AGENDA MEMORANDUM Item ID: 2024-272
FROM: Lisa Hanks, CITY CLERK
SUBJECT: Molly Spain, President, Baldwin County Trailblazers requests
permission to use the sidewalks and grassy area of Utopia Park for a
Baldwin County Trailblazer event: “4th Annual Chalk the Trail” on
Saturday, April 20, 2024 from 12:00 – 5:00 p.m. with an alternate rain
date of Sunday, April 21, 2024 from 12:00 – 5:00 p.m. Also
requesting the use of Orange Street Pier segment with hopes to
have a juried event at Utopia Park and a non-juried event at Orange
Street Pier with the parking lot blocked for use of activities for the
Chalk the Trail event. This event raises awareness as well as funds
for the Baldwin County Trailblazers.
AGENDA
DATE:
March 21, 2024
RECOMMENDED ACTION:
Approve the request from Molly Spain, President, Baldwin County Trailblazers
requesting permission to use the sidewalks and grassy area of Utopia Park for a
Baldwin County Trailblazer event: “4th Annual Chalk the Trail” on Saturday, April 20,
2024 from 12:00 – 5:00 p.m. with an alternate rain date of Sunday, April 21, 2024 from
12:00 – 5:00 p.m. Also requesting the use of Orange Street Pier segment with hopes to
have a juried event at Utopia Park and a non-juried event at Orange Street Pier with the
parking lot blocked for use of activities for the Chalk the Trail event. This event raises
awareness as well as funds for the Baldwin County Trailblazers.
BACKGROUND INFORMATION:
BUDGET IMPACT/FUNDING SOURCE:
Account No. Account Title Current Budget Cost Available
Budget
$___ $___ ($____)
GRANT:
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LEGAL IMPACT:
FOLLOW UP IMPLEMENTATION:
For time-sensitive follow up, select deadline date for follow up:
Individual(s) responsible for follow up:
Action required (list contact persons/addresses if documents are to be mailed or
emailed):
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Cha/K The T ra,f
February 19 , 2024
City of Fairhope Council ,
We , the Baldwin County Trailblazers , are requesting permission to utilize the sidewalks
(approximately 50 sidewalk squares) & grassy area of Utopia Park on Saturday, April 20 th from
12 :00-5 :00 p.m . with an alternate rain date of April 21st from 12 :00-5 :00 pm for the 4th Annual
Chalk The Trail. Chalk The Trail will utilize the sidewalks in this area for participants to create
sidewalk art as well as the grassy area for event festivities. Participants will have from 1 :00
pm-4 :00 pm to create their masterpiece , then the chalk art will be judged and awards will be
given in various categories. The event raises awareness as well as funds for the Baldwin
County Trailblazers. I have spoken with the organizers of the Earth Day Celebration occurring
at South Beach Park on the same date & they welcome us at this location & think having the
events coincide is great for the community.
Last year we hosted approximately 50 participants creating beautiful chalk masterpieces. Chalk
the Trail has been held at Orange Street Pier and at Utopia Park just above the Fairhope Pier.
This year we hope to host a juried event at Utopia Park and a non-juried event at the Orange
Street Pier segment of the Trail , utilizing the sidewalks both North & South of the Orange Street
Parking lot. We would also like to request the Orange Street Pier parking lot be blocked for use
of activities for the Chalk The Trail Event from 12 :00-5 :00 pm .
For more information about the event you can visit: https ://baldwincountytrailblazers .org . If you
have any questions can contact the Baldwin County Trailblazers at
info@ba!dwincountytrai!b!azers.org . Dione Heusel at 504-495-3986 or Molly Spain at
251-648-2122 .
Sincerely,
Molly Spain
Board President, Baldwin County Trailblazers
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