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HomeMy WebLinkAbout01-03-1950 Special MeetingMINUTES OF A SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF FAIRH�, ALABAMA, MELD ON THE 3 _ DAY OF JANUARY, 1950 A special meeting of the City Council of the City of Fairhope, Alabama, was held at the city hall in said city on the day of January, 19502 at 2 o 0 otclock, / . M., pursuant to the following notice and call: 3 NOTICE AND CALL OF SPECIAL MEETING TO THE MEMBERS OF THE CITY COUNCIL OF THE CITY OF FAIRHOPE, ALABAMA: •In my opinion the public business requires that'a special meeting of the City Council 'of the City of Fairhope, Alabama, be held, and I do, therefore, hereby call and give you notice of such meeting to be held+a`t the city hall in said city on the 3 - day of January, 1950, at ?!`ovo t clock, . M., for the purpose of con- sidering the advisability of authorizing the giving of notice of the sale of First Mortgage Gas Revenue Bonds of the city and, if such action should be deemed advisable, to authorize the giving of such notice. Dated this 3-'�' day of January, 1950. CONSENT TO MEETING The undersigned, constituting all of the members of the City Council of the City of Fairhope, Alabama, do hereby accept service of the foregoing notice and call of the special meeting of said city council therein referred to and do hereby consent to the holding of said meeting at the time and place and for the purpose therein provided Members of the City Council - 2 - The meeting was called to order by the mayor and upon roll call the following were found to be present: Mayor T. J. Klumpp, and the following members of the city council: Messrs. Marvin 0. Berglin, J. T. Bradford, R. H. Brown, Edward B. Overton and Ira N. Steele; and the following members of the city council were found to be absents 1l/o 6Z E . The mayor presided at the meeting and announced that a quorum was present and that the meeting was open for the transaction of business. Marie Moore, the city 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 city council prior to the holding of the meeting and that each member of the city 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 00. this meeting t Councilman 1` introduced the follow- ing resolution which was read to the meeting: BE IT RESOLVED by the City Council of the City of Fairhope, Alabama, as follows: (1) Subject to the grant of consent by the De- partment of Finance of the State of Alabama to the sale and issuance thereof, January 25, 1950, beginning at 2:00 otclock, P.M., is hereby set as the date and hour for sale at public auction of $755,000 principal amount of First Mortgage Gas'Revenue Bonds of the City of Fairhope to be dated February 1, 1950, which are additionally referred to in the notice of sale hereinafter set out. (2) The mayor of the city is hereby authorized and directed to advertise said bonds for sale once a week for two consecutive weeks in The Fairhope Courier, a news- paper published and having general circulation in the city, 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 Alabama, not less than fourteen days prior to the date of such sale, which notice shall be substan- tially as follows: -3- NOTICE OF BOND SALE Subject to prior consent to such sale being granted by the Department of Finance of the State of Alabama, the City of Fairhope"in the State of Alabama will offer for sale at public auction, at the city hall in said city, beginning at 2:00 o'clock, P. M., on the 25th day of January, 1950, $?55,000 principal amount of First Mortgage Gas Revenue Bonds of said city to be dated February 1, 1950, consisting of seven hundred fifty-five coupon bonds in the denomination of $1,000 each, bearing interest at such rate or rates as may be.determined at said sale, which interest shall be payable semi-annually on February 1 and August 1, and maturing in annual installments on February 1 in the following aggregate principal amounts and in the following ears (all years inclusive): $14,000 in 1953 and 1954; 416,000 in 1955 and 1956; $18,000 in 1957 and 1958; $20,000 in 1959 and 1960; $22,000 in 1961 and 1962; 124,000 in 1963 and 1964; 260000 in 1965 and 1966; 2$;000 in 1967 and 1968; 30,000 in 1969 and 1970; 32,000 in 1971 and 1972; 34,000 in 1973 and 1974; 36,000 in 1975 and 1976; 138,000 in 1977 and 1978; 39,000 in 1979; and $40,000 in 1980. Those of the bonds maturing in 1960 and there- after may at the option of the city be called for re- demption as a whole or in part in the inverse order of their numbers, after not less than thirty days' prior published notice, on any interest payment date on and after February 19 1955, at the face value thereof plus accrued interest to the redemption date and a premium equal to twelve months' interest computed at the rate the bonds so called would bear on the redemption date if such option of redemption were not exercised; provided, that any such redemption made prior to February 1, 1960, may be effected solely out of either surplus revenues derived from the operation of the gas distribution system presently to be constructed by the city after all special funds have been accumulated to the maximum amounts re- quired to be paid therein and are in current condition, or out of the proceeds received by the city from the sale of that portion of the said gas distribution system which may be purchased by the Town of Daphne in the event it should exercise an option to purchase the same. The bonds will be secured by a first mortgage and deed of trust covering the said gas distribution system, under which The Merchants National Bank of Mobile will be the trustee. The bonds will be sold to that bidder whose bid reflects the lowest net interest cost to the city; provided, that the city reserves the right to reject any or all bids. The bidders are invited to specify the rate or rates of interest which the bonds shall bear, but no rate shall exceed 4% per annum, payable semi- annually. No interest rate will be considered other =AJC than in multiples of 1//+ of if per annum. All bids must include accrued interest to the date of delivery of the bonds. No bid will be considered for less than all of the bonds proposed to be sold and the bids and the inter- est ratesto be borne by the bonds must be so computed that the amount to be paid by the successful bidder shall be not less than the face amount of the bonds plus ac- crued interest to the date of delivery. Each bidder must deposit with the city clerk before bidding a certified check for 2% of the face amount of the bonds, payable to the order of the city as evidence of good faith and as a guaranty for the per- formance of the successful bid. The deposits of the unsuccessful biddels will be returned to them following the sale. No interest will be allowed on any such deposit. The bonds will be delivered against payment therefor in bankable funds as soon after their date as they may be printed. The city will furnish to the purchaser, without cost, the opinion of Messrs. White, Bradley, Ara.nt & All approving the validity of the bonds. No conditional bids will be considered except that bids may be contingent upon such opinion. CI`l'Y OF FAIRHOPE By ATTEST: Rayor 1. 12 '6L r 0 � - City Clerk Councilman -Moved that the rules be suspended and unanimous consent be given for immediate consideration of and action on said resolution which motion was seconded by CouncilmanL , and upon the motion being put to vote the following vote was recorded: Yeas: Mayor Klumpp and Councilmen Berglin, Bradford, Brown, Overton, and Steele; Nays: None. The mayor thereupon declared that the motion for unanimous consent for immediate consideration of and action on said resolution had been unanimously car- ried. Councilman thereupon moved that the said resolution be finally adopted, which motion was seconded by Councilman�*A&ox'—, and upon said motion being put to vote the following vote was recorded: - 5 - Yeas: Mayor Klumpp and Councilmen Berglin, Bradford, Brown, Overton, and Steele; Nays: None. The mayor thereupon announced that the motion for adoption of said resolution had been unanimously carried. Councilman introduced the fol- lowing resolution which was read to the meeting: BE IT RESOLVED by the City Council of the City of Fairhope, Alabama, that the mayor of said city is hereby authorized and directed to file in behalf of said city with the State Department of Finance of the State of Alabama such petition and other documents as he may deem necessary to secure the consent of said De- partment to the sale and issuance by said city of 1755,000 principal amount of First Mortgage Gas Revenue onds of said city to be dated February 1, 1950, which it is contemplated will be issued by said city for the purpose of financing the construction and equipment by said city of a gas distribution system, including the transmission mains and appurtenances and equipment in connection therewith. Councilman_M moved that the foregoing reso- lution be adopted, which motion was seconded by Council- man , and upon the same being put to vote, the following voted in favor of said motion: Mayor Klumpp and Councilmen Berglin, Bradford, Brown, Overton, and Steele; and the following voted against the adoption thereof: None. The mayor thereupon announced that the motion for adoption of said resolution had been unani- mously carried. There being no further business to come before the meeting the same was on motion duly adjourned. AM •