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HomeMy WebLinkAbout08-01-1946 Special Meeting1-1INUIES OF r.L SPECIAL 1DIETING OF THE T O-,10 COUNCIL OF TIFF TOM M OF FAIRHOPE , AIZA BAIWL , HELD ON THE A9'-D,iY OF ttUGUST, 1946 A special meeting of the Town Council of the Town of Fairhope, Alabama, was held at the town hall in said town on the /s�day of August, 1946, at A/ -,'bp o'clock, —F . M. , pursuant to the following notice and call: NOTICE AND CALL OF SPECIAL IvLET-Ui G TO THE iY�KIBERS OF THE TOVTN C OUi C IL OF THE TO'.v'N OF FAIRH OPE , ALABAiAa : In my opinion the public busiro s requires that a special meeting of the Town Council of the Town of Fairhope, Alabama, be held, and I do, therefore, hereby call and give you notice of such meeting to be held at the town hall in said town on the /J7day of August, 1946, at o'clock, I M. , for the purpose of considering the advisability of authorizing the giving of notice of the sale of Gas System Revenue Anticipation Bonds of the town and, if such action should be deemed advisable, to authorize the giving of such notice. Dated this b`"`day of .August, 1946. L Mayor CONSENT TO KEETING The undersigned, constituting all of the members of the Town Council of the Town of Fairhope, Alabama, do hereby accept service of the foregoing notice and call of the special meeting of said town council therein referred to and do hereby consent to the holding of said meeting at the time and placb and for the purpose therein provided. m -2- The meeting was called to order by the mayor and upon roll call the following were found to be present: Mayor Howard Ruge, and the following members of the town council: Messrs: C. %. Gaston, J. 11. Bennett, H. P. Camper, J. 0. Stimpson and W. 0. Keeble; and the following members of the town council were found to be absent . The mayor presided at the meeting and announced that a quorum was present and that the meeting was open for the transaction of business. R. C. Yohn, the Town Clerk, was also present at the meeting and acted as clerk thereof. The mayor announced that the foregoing notice and call of this meeting had been served upon each member of the town council prior t6 the holding of the meeting and that each member of the town council had signed the foregoing acceptance of such notice and consent to the holding of this meeting, which documents were then ordered spread upon the minutes of this meeting. Councilman u- r.�_ introduced the following resolution which was read to the meeting: BE IT RESOLVED by the Town Council of the Town of Fairhope, Alabama, as follows: (1) ,Subject to the grant of consent by the Depart- ment of Finance of the State of Alabama to the sale and issuance thereof, August 21, 1946, beginning at 7: 30 o'clock, P.M., is hereby set as the date and hour for sale at public auction of 4345,000 principal amount of Gas System Revenue Anticipation Bonds,of the Town of Fairhope to be dated ;august: 1, 1946, and to be numbered from 1 to 345, inclusive. (2) The mayor of the town is hereby authorized and directed to advertise said bonds for sale once a weep for two consecutive weeks in The Fairhope Courier, a newspaper published and having general circulation in the town, the first of the said publications to be not less than ten days before the date set for such sale, and also to file a copy of such notice with the Department of Finance of the State of d abama, which notice shall be substantially as follows : -3- NOTICE OF BOND SALE The Town of Fairhope in the State of Alabama will offer for sale at public auction, at the town hall in said town, beginning at 7: 30 o'clock, P.IVI. , on the 21st day of August, 1946, $345,000 principal amount of, Gas System Revenue Anticipation Bonds of said town to be dated August 1, 1946, consisting of three hundred f ortybfive coupon bonds in the denomination of 21,000 each, bearing interest at such rate as may be determined at said sale, vfaich interest shall be payable semi- annually on February 1 and August 1, and maturing in annual installments on August 1 in the following aggre- gate principal amounts and in the following years ( all years inclusive) : `5,000 in 1949; r6,000 in 1950; 97,000 in 1951; �8,000 in 1952; 49,000 in 1953; %0,000 in 1954 to 1958; "'12,000 in 1959 to 1961; 414,000 in 1962; and $15,000 in 1963 to 1976. . Those of the bonds maturing in 1952 and thereafter shall be subject to redemption, at the option of the town, after not less than thirty days' prior published notice, as a whole or in part in the inverse order of their numbers, on any interest payment date on or after August 1, 1951, at par plus accrued interest and a premium equal to twelve months' interest computed at the rate the bonds so redeemed would bear on,the redemption date if such option of redemption were not exercised; provided, that any redemption made prior to August 1, 1956, may be effected solely out of surplus revenues derived from the operation of the gas distribution system presently being constructed by the town, but any such redemption made on or after ,august 1, 1956, shall not be so limited. Said bonds constitute a part of an authorized issue in the aggregate principal amount of 4P'355,000 and shall be payable solely out of revenues to be derived from the operation of the said system. The bidders are invited to specify in their bids the rate of interest which the bonds shall bear, which shall not exceed 312% per annum. All interest shall be payable semi-annually on February 1 and August 1. No interest rate will be considered other than in multiples of 1/4 of 1 fo per annum. The , bonds will be sold to that bidder whose bid reflects the lowest net interest cost to the town; provided, that the torn reserves the right to reject any or all bids. A..11 bids must include accrued interest to the date of delivery of the bonds. No bids will be permitted for less than all of the bonds iso proposed to be sold or for less than 1032 of par plus accrued interest. Each bidder must deposit with the town clerk before bidding a certified check for $6,900 payable to the order of the town as evidence of good faith, which deposit will be forfeited by the successful bidder as liquidated damages in the event of failure to comply with the terms of his bid. The deposits of the unsuccessful bidders will be returned to them following the sale. No interest will be allowed on any such deposits. The bonds will be delivered to the successful bidder at Birmingham, Montgomery or Mobile, as may be designated by the successful bidder, against pay- ment therefor in bankable funds, as soon after the sale as the bonds may be printed. The town will fur- nish to the purchaser, without. cost, the opinion of Messrs. white, Bradley, Arant & Ail approving the validity of the bonds. No conditional bids will be considered except that such bids may be made contingent upon such opinion. In the event that prior to the delivery of the bonds the income de- rived by private investors in bonds of the same character should become taxable under the terms of any Federal income tax law, the successful bidder may at his election be relieved of his obligation of purchase, whereupon the deposit made by him will be returned. TOWN OF FAIRHOPE By Howard Ruge �,1ayor Councilman_moved that the rules be suspended and unanimous consent be given for immediate consideration of and action on said resolution which motion tiaras seconded by Councilman , and upon the motion being put to vote the following vote was recorded: _eyes: Mayor Ruge and Councilmen Gaston, Bennett, Camper, Stimpson, and Keeble; Nays: None. The mayor thereupon declared that the motion for unanimous consent for immediate consideration of and action on said resolution had been unanimously carried. Councilman �'_�!�� _ _ thereupon moved that the said resolution be finally adopted, t,,hich motion was seconded by Councilman 2LQ lrC C , and upon said motion being gout to vote C ,r i -5- the following vote was recorded: kyes: Mayor Ruge and Councilmen Gaston, Bennett, Camper, Stimpson and Keeble; Nays: None. The mayor thereupon announced that the motion for adoption of said resolution had been unanimously carried. There being no further business to come before the meeting the same was on motion duly adjourned. r-- Mayor Town 1 �e�rk