HomeMy WebLinkAbout07-07-1949 Special MeetingG
STATJ9 OF ALABAMA
County of Baldwin
The Town Council of the Town of Fairhope met in special
session at the Town Hall Thursday, July. 71 1949 at with
the following members present: Mayor, T. J. Klumpp,
City Manager C. B. Niemeyer, Councilmen: M. 0. Berglin,
J. T. Bradford, R.H.'Brown, E. B. Overton and Ira Steele.
Douncilman Overton moved that the Mayor be and hereby is
authorized to enter into agreements with Goodwin Engineers
Inc. and Watkins Morrow Co. and Associates in -substantially
the following forms:
(Agreements on file at City Hall)
Councilman Bradford seconded the motion and upon roll
ca 1 the following vote was recorded: Voting Aye:
Mayor T.J.Klumpp, Councilmen: M.O.Berglin, J. T. Bradford,
R.H.Brown, E. B. Overton and Ira Steele. Voting Nay: None.
It was duly moved and seconded that the meeting adjourn.
Attest
Clerk
.4�
Approved:
Mayor
ENGINEERING AGREEMENT COVERING MUNICIPAL IMPROVEMENTS
STATE OF AIABAMA
COUNTY OF BALDWIN
THIS AGREEMENT made and entered into this the? � day of JCJL�e , 194—g—, by and between
Good EMineer8 Inc* —of Birmingham, Alabama, hereinafter termed "the Engineers",
the Party of the First Part, and the CIU Of FairhOP9_ , hereinafter termed the Owner, Party of the Second Part.
WITNESSETH: That, whereas, the Owner plans to construct certain municipal improvements as follows:
And whereas the Owner certifies that definite steps have not been taken. to employ another Engineer and the Owner having
no Engineer employed for said work decided to engage the services of the Engineers to make surveys, investigations, plans, esti-
mates and specifications and �o furnish engineering supervision of the said improvements.
NOW THEREFORE BCEK NOWN BY THESE PRESENT, that in consideration of the sum of One ($1.00) Dollar in hand paid
each to the oth1t, thi'receipt whereo? hereby s acknowledged, and in further consideration of the mutuality of the 'covenants
hereinafter contained, it is agreed by and between the parties hereto as follows:
I. The Engineers agree to make careful preliminary surveys, studies, investigations, designs, estimates of cost, and to furnish
a report including recommendations as to the general type of the facilities which. appear to be required, and the advisability of
financing the project. When the Owner decides to proceed with the financing and installation of the project or projects, at any
time or times after completion of the preliminary plans and report, the Engineers shall be notified of that part of the work proposed
to be undertaken at that time, and they shall prepare such an application or prospectus as may be required to present the proposed
project to the agency proposing to finance the project.
2. The finances having been arranged, the Engineers agree to furnish on file at the Owner's office, or at such other place as
may be designated by the Owner, as soon as same can be completed, two copies of all detail drawings, plans, specifications and
estimates of cost in detail covering the improvements determined upon by the Owner. ' The actual cost of printing additional sets
of plans required for the project shall be paid for by the Owner.
The Engineers further agree to prepare forms of proposal, notice to bidders, etc., and to assist in receiving bids on said work,
sparing no effort to secure the maximum economy consistent with good practice, and to make recommendations to the Owner as to
the relative merits of materials and equipment.
+
3. The Engineers agree to furnish a competent representative who shall be paid by the Engineers, and who shall work under
their direction and order's, to lay out'the lines and grades and to prepare partial and final estimates of materials. furnished and
work done by the constructor as the,work progresses. ,The Engineers shall recommend such said work for acceptance by the Owner
that is satisfactorily completed.
Upon completion of the improvements, the Engineers further agree to prepare the assessment rolls and record maps for the
Owner if any are required.'-
4. The Engineers agree to furnish all Engineering equipment that may be needed;;without additional cost to the Owner.
S. The owner agrees to pay the Engineers in cash at times hereinafter specified as follows:
(a) Upon delivery of. the preliminary plans and report for said improvements'$ `= 'NOW '
(b) Upon securing funds with which to finance the`cost of completlon of the detail plans and specifications- 4
of the total estimated cost of said improvements. This payment is to cover the cost of surveys and preparing the detail plans
and specifications and delivery of same to the Owner. .
(c) On .or before the tenth day of each month .after th.e' beginning of construction— %. of each net -monthly
estimate of work done ,and material stored on the project site.during the previous month by the constructor.of said improve-
ments...This payment is to cover .engineering during. construction.
(d) Upon completion of all improvements provided f or,, or at that time proposed to be actually constructed, such a sum
of money as when added to previous payments under paragraphs (b) and (c) will equal but not exceed 8 % of the
total sum expended which was borrowed, appropriated, or otherwise provided to defray any part of the cost or expense
incurred in connection with the project.
6. The Owner hereby appoints and designates the Engineers, or their duly authorized representative, as its Municip�l
Engineers, with their duties set out above, and whose compensation is to be included in that hereinbefore provided.
7. It is understood and agreed by both parties that the Engineers are not to be paid any monies for engineering services
under this contract until such time as conditions exist whereby the Owner has secured funds to finance and proceed with the work
covered by this agreement, it being the full understanding by and between both parties that the Engineers :are to bear all costs
and expenses of engineering except as set forth under Paragraph S. (a), until if and when the Owner has secured funds to proceed,
and the Engineers are to be retained for said work at compensation set forth herein when the Owner decides to proceed.
8. It is understood and agreed that this agreement as set forth constitutes the full understanding and agreement between
both parties.
IN TESTIMONY TO ALL OF WHICH, SAID ENGINEERS, has caused this instrument t'o be executed by their duly authorized
representative and the City of Fairhope, Alabasa< _ acting through the
Council has caused this agreement to be.'executed • by -ifs 119M , and the seal
of said Owner affixed, for and as the act of said Owner on the day first above written.
SEAL:
Owner, (Party of the Second Part)
By:
Mayor
Cler
SEAL:
Changes and Additions:
Go ers
By: edaU4_� b
Kenneth D• Byrd
Title went
ENGINEERS
(Party of the First Part)
agreed by both parties that in addition to the conditions of pgyfaeat set forth
hereunder,q that the monles specified under this section shall not be paid the
Engineers until & construction contract is aawded and sufficient steel piM has
been delivered to the contractor to assure commotion of the pojeate Tha mmian.
payable span be 4% of the contract bid price for the system.
Parraagraph 5 (d). It pie. understood and agreed by both parties that the total sum
eapen d etc. relates to construction costs cn3Y•
The Omer reserves the right to reject arse.%and all bids.
J
City of Fairhope
ORDINANCE NO. 254
An Ordinance to detfrmine up-
on, order and authorize the im-
provement of portions of certain
streets, avenues, alleys, highways
and other public places within the
corporate limits of the City of
Fairhope, Alabama, by filling,
clearing, grading, leveling, gravel-
ing, paving, side -walking, curbing,
guttering, draining and the con-
struction of storm water sewers or
drains or lateral storm sewers in
in connection with such im-
provements for the purpose of
properly draining the portions of
streets so improved and the prop-
erty abutting thereon, together
with all necessary appurtenances
thereto; to provide for the pay-
ra.eennt of all costs and expenses
thereof by assessment against the
property abutting on the portion
of such streets, avenues, alleys,
highways and public places so im-
proved, drained, served, protected
or benefited to the extent of the
increased value thereof by reason
of the special benefits derived
from such improvements to des-
cribe the nature and extent of the
work, the general character of the
materials to be used and the loca-
tion and terminal points thereof,
and the streets, avenues, alleys and
other highways or parts thereof em-
braced therein, and to define the
f
area to be drained, served or bene-
fited by such storm water sewer or
r t
sewers or drains and the lateral
storm water sewers; to direct that
full details, drawings, plans, speci-
fications and surveys of said work
and estimates to be prepared by
the City Engineer; to designate
the officer with whom such plans
shall be filed; to designate the
party under whose supervision
the work shall be done and the
improvements made; to provide
r
for the publication of the ordin-
ance and the mailing of copies
thereof to the persons last as-
sessing for city taxation the prop-
erty which may be assessed for
said improvements; to fix and ap-
point a time for and to authorize
lop
the holding of a meeting of the
Council to hear objections to said
improvements, and to give to this
ordinance ,an official designation.
L E_ IT ORDAINED BY THE
CITY COUNCIL OF THE CITY OF
/4
FAIRHOPE, ALABAMA, AS FOL-
LOWS:
Section 1. That it be and hereby
is determined upon, ordered, and
authorized by the City Council of
the City of Fairhope, Alabama,
that the City of Fairhope, Alabama
design or cause to be designed con-
tract for execute and cause to be
executed, improvements to and
on the following streets, avenues,
alleys, highways and other public
places within the -corporate limits
cff-tlhe City of Fairhope, Alabprna,
viz ,
1. Gr_ r Avenue from present
paving to —North Mobile Avenue.
2. Liberty Street from Pecan to
Nichols.
3.Pier Street from Church to Po-
melo.
4. Kumquat Street from Pier to
dead end.
5. Sea Cliff Drive from City limits
South.
6. Gayfer-Bon Secour to Greeno.
7. Gayfer Court -Section Street
west.
8. Satsuma -Nichols to Pier.
9. Fig -Mobile Avenue East to City
Limits.
10. N. Mobile Avenue -Grand to
Pensacola.
11. Pinecrest-Church Street west
to present paring.
Including all streets, avenues,
and alley intersections and public
place;
all as per plats filed in the office
of the Judge of Probate of Bald-
win County, Alabama, by clearing
filling, grading, leveling, gravel-
ing, paving, sidewalking, curbing,
guttering, draining and the con-
struction of storm water sewers or
drains, or lateral storm sewers in
connection with such improvements
or the purpose of properly draining
such portions of said streets and
the property abutting thereon, to-
gether with all necessary appurt-
enances thereto.
Section 2. That the area to be
drained, served or benefited by
each of such storm water sewers or
drains or lateral storm water sew-
ers to be constructed in connection
with such other improvements for
the purpose of properly draining
said streets and the property ab-
utting thereon, be and the same
hereby is defined to be the prop-
erty fronting on each portion of
the streets, avenues and highways
herein provided to be improved,
actually drained, served or bene-
fited by each of said storm water
sewers or drains or lateral storm
water sewers.
Section 3. That all of the costs
and expenses or aforesaid works
and improvements be assessed up-
on and against the property abut-
ting on the portion of such streets,
avenues, alleys, highways, and oth-
er public places so improved, serv-
ed, drained, protected or benefited
by such improvements to the ex-
tent of the increased value there-
of by reason of the special bene-
fits derived from such improve-
ments, provided that for the in-
tersections of streets, avenues, al-
leys, or other highways so im-
proved the cost of improving any
intersection or any part thereof,
s.hali be assessed against the lots
or parcels of land abutting on each
of the streets, avenues, alleys or
other highways so intersecting
for a half block in each direction
therefrom; provided that for the
purpose of computing assessments
hereunder no block shall be con-
sidered as extending more than
1,000 feet from any intersection
so improved; for such sidewalk
improvements, including curbing
and guttering, all of the costs
thereof for street and avenue cor-
ners shall be assessed against the
lots abutting on or near said im-
provement and the entire cost of
the sidewalks improvements, in-
cluding curbing and guttering at
the intersection of any alley with
a street or avenue or other high-
way, shall be assessed in fair
proportion against the respective
lots or parcels of land abutting or
cornering on the alley at such in-
tersection; but in no case shall
be assessment against any lots or
parcels of land by reason of the
special benefits derived from such
improvement. The - cost and ex-
penses of such works and im-
provements shall include the ex-
pense of the preliminary and oth-
er surveys, and the inspection and
superintendance of such work,
printing, and publishing the not-
ices, resolutions and ordinances
required, including notice of as-
sessment, the cost of construction,
preparing bonds, interest on money
borrowed during construction or
on bonds when the bonds have
been issued in anticipation of the
collections of the assessment, and
any other expenses necessary for
the completion of such improve-
ments.
Section 4. That the works and
improvements herein determined
upon, ordered and authorized
shall be in the nature and to the
extent of roadway or street pav-
ing of a bituminous surface treat-
ment on a prepared sand clay
base, including all necessary in-
tersections and street corners;
storm water sewers or drains to
the extent necessary to properly
drain such portions of said streets
to be improved hereunder and the
property abutting thereon, together
with all necessary appurtenances
and filling, clearing, grading, lev-
eling, draining and graveling.
Section 5. That the general
character of the materials to be
issued for such works and im-
provements shall be as follows:
Pavement of streets with an asph-
alt shell wearing surface, 2 ft.
min. concrete rolled curb and
gutter, 20 ft. driving surface on a
prepared sand clay base.
Section 6. That all of the work
to be done and the improvements
to be made hereunder shall be
done and made under the super-
vision of the City Engineer of the
City of Fairhope, AIabama, being
hereby appointed for that purpose
by the Council.
Section 7. That the said City En-
gineer, hereby is directed to pre-
pare full details, drawings, plans,
specifications and surveys of said
work and estimates thereon and
thereof which shall be when
completed placed on file not later
than two weeks prior to the date
of the meeting of the City Coun-
cil hereinafter provided for, in the
office of the City Clerk of the
City of Fairhope, Alabama, where
property owners who may be af-
fected by such improvements may
see and examine the same.
Section 8. That this ordinance
be published once a week for two
consecutive weks in the Fairhope
Courier, a newspaper published in
the City of Fairhope, Alabama,
and that a copy thereof be sent
by registered mail, postage pre-
paid, to the persons last assessing
for city taxation the property
which may be assessed for said
improvements, at their last known
addresses, said notices to be so
mailed not less than ten days be-
fore the meeting of the Council
provided for in the next succeed-
ing section.
Section 9. That the City Coun-
cil of the City of Fairhope, Ala-
bama, meet at 7:30 o'clock p, m.
in the City of Fairhope, Alabama,
at the office of the City Clerk
thereof, on the 18th day of Aug-
ust, 1958 for the purpose of hear-
ing and at which time it will hear
any objections or remonstrances
that may be made to said improve-
ments, the manner of making the
same, or the character of material
or materials to be used.
Section 10. That this ordinance
is hereby termed and designated
shall be known and may be cited
as the "Street Improvement Or-
dinance of the City of Fairhope,
Alabama."
Duly adopted by the City Coun-
cil of the City of Fairhope, Ala-
bama, at regular meeting thereof
held the 14th day of July, 1958.
BE IT ORDAINED BY THE CI-
TY COUNCIL OF THE CITY OF
FAIRHOPE:
That Section 9 of ordinance nu-
mber 254 adopted on the 14th day
of July, 1958, be and the same is
hereby amended to read as fullows:
SECTION 9: That the City Coun-
cil of the City of Fairhope, Ala-
bama, meet at 7:00 o'clock p. m.
on the 8th day of September, 1958,
at the City Hall for the purpose of
hearing, and at which time it will
hear, any objections or remonstran-
ces that may be made as to the
street improvement, the manner of
making the same, or the character
of materials to be used.
Approved: E. B. Overton
Mayor
Attest: Marie Moore
City Clerk
9