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Home My WebLink About11-15-1955 Special MeetingSTATE OF ALABAMA County of Baldwin The City Council of the �,ity of Fairhope met in special session at the City Hall, Tuesday, November 15, 1955 with the following members present: Mayor E. B. Overton, City Manager C. B. Niemeyer, Councilmen: M. 0. Berglin, R.H. Brown, L. E. Blatchford and R. C. Macon, J. 8. Mason �. Motion by Counc:ilman Brown seconded by Councilman Berglin"thate Mayor be authorized and directed to enter into contract with Mr. Donald Mills, Engineer, and Mr. Hugh Morrow, Jr. of- Watkins, ,Morrow and Company, for survey on additional gas lines:to the City of Fairhope. Motion carried. It was duly moeed!and seconded that the meeting adjourn. Motion carried. ._ . Mayor Attest: C i ty l erk P. . CONTRACT THIS AGREMW made between DONALD MILLS, Consulting Ea�„aineer, Selma, Alabama, Engineer, and the �474e o �i�-i5ov /9,/g6�srxs , Client, Wi.tnesseth that whereas the Client wishes to construct hereinafter referred to as "the project", and 'not hwvi.ng engaged other Engineers .for thi work, wishes to engage the services of the Engineer in correction therewith.. the parrtiee hereto agree as follows: 1. THE ENGREER (a) win make the necessary studies, investigations and preliminary surreys of the proposed improvements and prepare an engineering report and preliminary estimate of cost. (b) will. then confer with the Client regarding the recommended im- provements and wi.0 make such changes and additions as are requested. (c) after the Client has arranged the necessary financing for the project, will prepare complete construction plans8 specifica- tions and contract dotmments covering the improvements decided upon and will furnish the Client with one set beaming the approval of the State Department of Health or other authority involved. (d) will assist the Client in obtaining bids by circularizing con- tractors,, reporting agencies and material manufactur ro in order to give the proposed construction wide publicity and thus ensure keen competition and ]lower pricee9 and gin be present at the bid opening to react, tabulate and check the proposals and to recommend contract awards. (0) win furnish the necessary supervision during the construction period and will prepare periodical estimates of the ralus of the work performed and a final estimate upon completion of the project. 2. THE CUBIT will pay the Engineer for his ser7lcec a fee of * of the cost of constriction, payable in the following manner. (a) The um of upon receipt of the report and estimate set forth in 1 a W An amount equal to 4J% of the contract price, leas the prelim- inary payment., at the time the contract is awarded. If the work is done the GentRa farce', this payment shall, be based on the estimated coo, 0 (c) An amount equal to 3% of the cost of the completed work, payment to be made monthly and to be based on the cost of the work completed each month. 3. It is further understood and agreed that: (a) The cost of construe"bion, upon which the engineering fee is based, shall be the final amount of the construction contracts plus the value of any materials or labor supplied by the Client. (b) The Client will engage a local land surTeyor to make any land surveys for any property, rights of way or easements required in connection with the project. (c) The Engineer will provide prospective bidders and publicity agencies with sets of plans and specifications., the Client to pay for such documents at a cost not exceeding $10 per set. IN TESTIMONY OF WHICH the Engineer has signed this agreement and the Cliee., by an appropriate resolution adopted at a legally authorized meeting of ite governing body held on the /.St/ day of /��6� 195- , has authorized this agreement to be executed by its Mayor for and on its behalf. DONALD S COI ING ENGINEER. By• Attest: d- clerk (SEAL) AGRE&4hi4T between the CITY OF r1:1RHOPE, ALAisAM.A, a municipal corporation organized under the laws of the State of Alabama (hereinafter- called the "City") and WAT.KINS, 1110v1-iOW & COMPANY (hereinafter called the "Bankers") R E C I T A L S WhEhEAS, the City is now operating a Natural Gas System serving customers within and without its corporate limits, and WhEr — S, it will be to its best interests to make natural gas service available to other areas in Baldwin County, and WHEREAS, it will be necessary for the City to borrow funds in order to render such service through the issuance and sale of Revenue Bonds, and WHEREAS, it will be necessary for the City to have a complete study made as to the financial feasibility of any such undertaking, and WHEHhAS, the Bankers are thoroughly familiar with your financial and operating situa- tion insofar as natural gas is concerned. NOW, ThEkLEEOt'E, THIb AGRh1!a ANT WITNESSETH: The Bankers agree as follows: 1. To make a complete study from a financial feasibility standpoint on the various methods and routes that could be taxen to bring an additional supply of gas into the City. 2. To furnish, without cost, all of the ordinances, resolutions, etc., which may necessarily have to be adopted in order to legally issue and sell Revenue Bonds. 3. To furnish the approving legal opinion of recognized bond attorneys as to the vali4 ty of any such new issues. 4. To furnish, without cost, all security blanks which may be needed. 5. To use its best efforts to persuade, if necessary, the present bondholders to exchange their bonds for new bonds. The City agrees as follows: 1. To furnish opinion of title on any real estate that may be acquired or w`r_ich may be mortgaged in connection with the contemplated financing. 2. To adopt all ordinances, resolutions, indenture of trust, etc., which, in the opinion of the recognized bond attorneys and your attorney,are necessary for the legal issuance and sale of such new securities. 3. To employ a registered consulting engineer to forthwith furnish to you an esti- mate of cost, etc., covering such new extensions to the Gas System. 4. To ay to the Ban.ers for its services and out-of-pocket expenses, the sum of j K � of the principal amount of securities which may be issued. In the event that no securities are issued, the Bankers are to receive no compensation for their services. V,1USS WhE EOF, the parties hereto have set their hands and seals this.L� day of 1955. ATTEST: City Clerk CITY O ' FAIPIIOP ALABiLMA Mayor 'YvATi�INS, Motu@w & COV1PANY Auoh rized Representative 11 } AGREEKENT betwe e CITY OF FAIMONh, a municipal corpo n organized under the laws o e State of Alabama (hereinafter called the "City,) and WATKINS, MOhhUW & COMPiiNY (hereinafter called the "Bankers") R:ECI I A L S WHEhEAS, the City has been requested to consider extending its water mains beyond its corporate limits to serve potential customers on the road to Point Clear and beyond, and WHLREAS, the rendering of service to such potential customers would, no doubt, involve the borrowing of funds against the Water Works & Sewer System, and WHEREAS, the City, before proceeding, would like to know whether or not it would be in its best interests from a financial and ecomonic standpoint to render service, and WHEREAS, the Banners are entirely familiar with the financial situation of the Water and Sewer Systems of the City. NOW,, THERLFORE, THIS AGtth&_ IhK WITNESSETh. The Bankers agree as follows: 1. To work closely with a consulting engineer employed by the City to study the problem of rendering water service to the aforesaid areas and to make a report to the City as to the feasibility of such a plan. 2. To furnish, without cost, ali of the ordinances, resolutions, etc., which may necessarily have to be adopted in order to legally issue and sell Revenue Bonds. 3. To furnish the approving legal opinion of recognized bond attorneys as to the validity of any such new issues. 4. To furnish, without cost, all security blanks which may be needed. 5. JTo use`its best efforts to persuade, if necessary, the present bondholders to exchange their bonds'for new bonds. The City agrees as follows: 1. To furnish opinion of title on any real estate that may be acc_uired or which may be mortgaged in connection with the contemplated financing. 2. To adopt all ordinances, resolutions, indenture of trust, etc., which, in the opinion of the recognized bond attorneys and your attorney, are necessary for the legal issuance and sale or such new securities. 3. To employ a registered consulting engineer to forthwith furnish to you an esti- mate of cost, etc., covering such new extensions to the -Water System. 4. To pay to the Bankers for its services and out-of-pocket expenses, the sum of of the principal amount or securities which may be issued. In the event that no securities are issued, the Bankers are to receive no compensation for their services. b111'iVESS iriER.EOF, THE parties hereto have set their hands and seals this L �_ day of A 1955. AT''i ES I Cit Clerk ,CITY Or iAIREOPE ALABL4A BY Mayor WAT&IN6, MORROW & COMPANY BY J Au ized Representative