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HomeMy WebLinkAbout02-08-1950 Special MeetingMINUTES OF A SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF FAIRHOPE, ALABAMA HELD ON FEBRUARY 1956 The City Council of the City of Fairhope, Alabama, met in special session at the city hall in said city on February I, 1950, at Z °O o'clock, P* .Me, pursuant to the following notice and call: 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 said city council be held and I do, there- fore, hereby call and give you notice of such meeting to be held at the city hall in said city on the day of Februarv, 1950, at �ao otclock, .M., for the purpose of adopting an ordinance providing for a disconnection and reconnection charge in connection with the gas system to be constructed by the city, and adopting reso- lutions covering certain incidental matters pertaining to the First Mortgage Gas Revenue Bonds of the city. 1950. Dated this day of February, 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 - 2 - 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 purposes therein pro- vided. 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. M. 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 absent: / /y�-e— . The mayor presided at the meeting and announced that a quorum was present and that the meeting was open for the trans- action of business. Marie Moore, the city clerk, acted as clerk of the meeting. 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 this meeting. -3- Councilman introduced the following ordinance in writing which was read to the meeting: ORDINANCE NO. OZ AN ORDINANCE MAKING A SPECIAL CHARGE.FOR DISCONNECT AND RECONNECTION SERVIC TO THE GAS DISTRIBUTION SYSTEM OF THE CITY BE IT ORDAINED by the City Council of the City of Fairhope, Alabama, that effective.with the consummation of the construction of the gas distribution system of the city, the following charges shall be made in addition to the charges heretofore provided for by Ordinance No. 198 of the city: In the event a consumer should request that service being rendered to such consumer should be disconnected a charge of $2.00 will be made for making such disconnection, and thereafter if such consumer should request that service be restored an additional charge of $2.00 shall be made for reconnecting and restoring the service. Adopted and approved this day of February, 1950. Clit c� City Clerk Councilman moved that the rules be suspended and unanimous consent be given for immediate consideration of and action on said ordinance, which motion was seconded by Councilman , 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 — 4 — consideration of and action on said ordinance had been unanimously carried. Councilman thereupon moved that the said ordinance be finally adopted, which motion was seconded by Councilman and upon said 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 then announced that the motion for adoption of said ordi- nance had been unanimously carried and he thereupon signed the same in approval thereof. The mayor stated that the purchasers of the First Mortgage Gas Revenue Bonds of the"city had required that certain agreements be made'by the city in addition to those specifically provided -for in Ordinance No. 197 of the city wherein the bonds are authorized to be issued. After discussion of the matter Councilman ��,li�Pir�,nc, introduced the following reso- lution in writing which was read to the meeting: BE IT RESOLVED by the City Council of the City of Fairhope, Alabama, that as part of the consideration ib: ,the purchase from the city by the purchasers thereof of the First Mortgage Gas Revenue Bonds of the city dated February 1, 1950, authorized by Ordinance No. 197 of the city, and as an induce- ment to the consummation of such purchase, the city does hereby agree with the said purchasers, in addition to the agreements on the part of the city council contained in said ordinance, as follows: (1) If the auditors making the annual audit respecting the gas system of the city which is provided for in Section 4 of Article VII of the Mortgage and Deed of Trust from the city to The Merchants National Bank of Mobile dated as of Febru- ary 1, 1950, should recommend that an engineer be employed to make suggestions or recommendations for - 5 - improvements in the operation of the said system, the city agrees that it thereupon will employ reputable and recognized engineers for the purpose of reviewing the operation of the system and making recommendations and suggestions respecting improvements in such oper- ations. (2) In the event the owners of any of the said bonds should advise the city in writing of the fact of such ownership, and if thereafter the city should exercise its option to call for redemption any of the bonds covered by such notice pursuant to the provisions of Article IV of the said mortgage and deed of trust, then in addition to giving notice as provided for in said Article IV of the said mortgage and deed of trust, the city will send a notice of such call for redemption by United States Registered Mail to each owner of the said bonds who shall have so advised the city of the fact of such ownership, which notice shall be addressed to such owners at the address furnished for that purpose to the city by such owners. Councilman �,-�*-"� moved that the rules be sus- pended and unanimous consent be given for immediate consideration of and action on said resolution, which motion was seconded by Councilman , 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 carried. Council- man thereupon moved that the said reso- 1 ution be finally adopted, which motion was seconded by Councilman � and upon said 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 announced that the motion for adoption of said reso- lution had been unanimously carried. "6- Councilman then introduced the following resolution in writing which was read to the meeting: IPE IT RESOLVED that the mayor and the city clerk are hereby directed to sign each of the First Mortgage -Gas Revenue Bonds of the City of Fair - hope dated February 1, 1950, numbered from 1 to 755, inclusive, in the aggregate principal amount of $755,000 and to cause the seal.of the city to be affixed to each thereof, and upon payment by the purchasers to the city treasurer of the purchase price of the said bonds, the mayor is thereupon authorized and directed to deliver the said bonds to The Merchants National Bank of Mobile, as trustee under the mortgage and deed of trust of the city dated as of February 1, 1950, with instructions to said bank to execute the trusteets certificate appearing on said bonds and thereupon deliver the same to Watkins, Morrow & Company and Associates as the purchasers thereof. Councilman moved that the rules be sus- pended and unanimous consent be given for immediate consideration of and action on said resolution, which motion was seconded by Councilman , 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 res cation had been unanimously carried. Councilman thereupon moved that the said resolution be finally adopted, which motion was seconded by Councilmanc , and upon said 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 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. Mayor City Clerk