HomeMy WebLinkAbout07-23-1962 Regular MeetingSTATE OF ALABAMA
County of Ba l.dwi m
The City Council of the: City of F a i rhope met in regular session
at the City Hall, Monday, July 23, 1962 at 7:30 P.M.. with the follow-
ing members present: Mayor Schneider, Councilmen: Boone,, Gaston, Nelson,
Poser and Schermer.
The minutes of the previous regulagmeeting,were read and approved
as read.
Motion by Councilman Boone seconded by Councilman Nelson that the
contract with Nelson & Holmberg, Inc., for gas line be approved as
submitted by the committee and the Mayor and Clerk. be authorized to
execute same. Motion carried.
Motion by Councilman Schermer seconded by Councilman Poser that the City
accept bid. of Foley Tractor Co-npany for tractor -trencher combination at
a cost of $5.,650.00 as recommended by Committee. appointed to study same.
Motion carried.
Mayor Schneider and Councilman Gaston reported on their meeting with
the County Commissioners and the Board of Education pertaining to a new.
road into the high school.
Counc i I,men Gaston a.nd. (Nelson, Chief Clemens and three members to
be appointed by the Chamberof Commerce were appointed as a committee to
study downtown parking,
Motion by Councilman Boone seconded. by Councilman Gaston that the
biII of Moore Engineering Co. for engineering Bancroft S-treet in the
amount of $ 772.41. be approved for payment. Motion carried.
Councilman Nelson introduced the following.Ordinance:
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FA IRHOPE, ALABAMA,
that the, property in front of theElks Lodge on Mobile Avenue in the City,
is not needed for public or municipal purposes and that the City is:
authorized to deed it to the F airhope Elks Lodge in exchange for so much
of the.Elks property on the:e.a:st side of Mobile Avenue as is necessary to
straighten the curve in Mobiie Avenue and that -the Mayor be authorized to
arrange for this exchange and execute a; deed for the City of Fairhope, but
that the City property be deeded, with such restrictions: so that it will
revert to the U ty should %t not be. used:by the Elks as apart of their
Lodge Hall and grrounds.
Motion died for lack of second,
Councilman Boone, Chairman of the Harbor Board, reported to the
City Council.
Motion by C ouncilman Nelson seconded: by Councilman Boone that the
following Resolution be adopted. Motion carried.
BE 1T RESOLVED BY THE C I TY COUNC IL OF THE C ITY OF FA IRHOPE,. ALABAMA,.
that the. City Council approves the action of the Mobile and Ea stern, Shore
Chambers of Commerce in their efforts to eliminate the, time linits on the
Bankhea:d. Tunnel Tol I Fare Books..
Councilmen Boone and Poser, c ommitte appointed to study Electric
contract and purchase of Riviera lines inside the City Limites, reported
to the meeting.
Mot i on by C ounc:i I man Ne I son seconded b_y Counc i I man Poser that the
Mayor be authorized to secure bids on air conditioner for the Council
Room. Mayor Schneider, Councilman Nelson, Mr. Dyson and Mr. Byrne w..ere.
appointed as a committee to open bids.
194
C ounc i I man Schermer reported on increasing, service charges for 9a. S
customers outside the City Limits.
Mr. Wi'l Ii s and Mr.. Zehn.er of the Health Department, reported to
the Council on the City*s Sanitary �eWer System. Report to be submitted
in. wIrting at a later date.
Motion by Councilman Poser seconded by Councilman Nelson that the
meeting adjourn in unadjourned session to meet on Friday, July 27, 1962
at 2:00 P.M. Motion carried.
or
Attest:. 1
C i ty Clerk
I
P 6
. I
"X A j CC,NTRA'V"T
This .6reement, made this tlu-e_dav of 9
1)62, by and between 2HE CITY OF FAL1A1Av.A:j,,, a Municipal Oorpora-
ti;z)ia, h(?ein,�ifter referred to as and iilLZION & HOLM.EHGI
:or 3oration, qualified to do business in the .,tate of ii-labama,
aereinafte-r referred to as
i ITN: v 3 i4l H
T'hat 'A'A UIEASI I.Nu. , is desirous of
having a two rind one-half (2y.,) inch gas main installed from the
North side of Fairhope :venue, 6outh on iberg oad to its
nurseries, (L-roperties), on k;berg Road, in Fairbo-ve, �.labama;
and
Wilil,'ilLi'A.339 the "ity of 74airhope is desirou.i of furnishin,-.;
the ;paid main and selling. natural has to thecorporation;
NOW, Tfil'.-�REPORZ'q for and in consideration of the covenants
and agree�Laats hereinafter contained, the parties o hereby bind
themselves, each with tLe other as follows:
The 'ity hereby agrees to lay, install and maintain
a two and one-half (2r,) inch gas _...ain beginning on the north side
of ia1rho-e vaaue, run.,Jn6 -oath on t�berg -oad, to the properties
of the Jorporation, located on uberg fond, ia -airho;1e, labana.
T1,ie 'Jurporation hereby a-rees to pay to the Gity
of 1!'airbope, for the construction of the said gas '_-ain, and in
further consideration of the W"ity farnislilinig Sacs to tue 0or-oration,
the sum of FOUR THOUS4,M) FOUR IIUNI'A_J idlil) FIFTY.O'IX DOLLARS
(A,456.00), on the followinfy terms and conditions:
(a) of the total cost upon the
execution of this q�reerient, and,
(b) The balance to be paid in nine (9) e..,fual annual
instaliments, plus interest at the rate of (6x) per
annum on the unpaid balance; first payment to be -made one
year from date*
(c) The amity hereby di
ves to the corporation an
option. to "-Iay this contract off at any time, thereby savin4,z
interest.
(d) '1:he Ity hiereby agrees th.,,3t after the said
as line is installeci, and that there are any individual
customers desiring to connect to this line, and in that event,
the amity will refund to the ;orporation, or credit to any
un-')aid balance owed by the corporation to the amity, the sum
of OWi; HUNDRED DOLLIRS ($130.00) for each individual custouer
that connects to the said wain.
1. he jorporation hereby a�zrcethat, in the
,,s
I l
event, the �'ity desires to extend this gas main further mouth on
,.+berg :toad past the premises of the -corporation, that the vity
has the auttlarity to do so, and, the ;ity hereby agrees to pay
to the vorporation, the above said sum of ONE HUNDRED DOLLARS
(410J.,J,j) per customer who ties onto the said line, after the
city has been reimbursed for the net expense of laying the
extension of said 'line, this figure to be based on UNIL HUNDR_i.,I.D
DOLLARS (4100.00) per customer who ties onto the said line below
the ?.,'re-aises of the �4'orporation.
1?UUIM-1: 10HERLAS9 the City of Fairhope may not desire to
credit the ONE HUNDRSD DOLLIUS ($100.00) for each connection to
the line on Uberg Road between Fairhope ��venue and Norphy ;.,venue
for a take -off on that line that the amity of fairhore may make
at i.torphy :ivenue, it is agreed that the pity need not do so if
it allows a credit to the ;orporation for the cost of said line
between vairbope Avenue and Jaorphy avenue, said credit to apply
on the unpaid balance due ciereunder and is -to be completed at 9,
cost of ninety cents per rurininvfoot.
FIT. It is aGreed that the refunding of ONE HUNDA2D
per customer on the said line shall 'be in full
force and effect only as lung as the worporation is a gas custom-
er of the amity of s'airhope, and to last only until the ,)rporation
is relbursed for :coneys paid for said gas line.
'I,,IL: ��'he parties hereto 'hereby agree that this is ti,,e
entire ai3reement contained between the parties, and that there
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are no oral representations by either party that would chan,-1;e,
alter, or -aodify this Ar ,reement.
This contract shall ;.pure to the benefit of the suc-
cessors or assigns of the -parties hereto, -uut no assignment of
tLis contract by the %.orporation shall be valid without the
written consent of the city.
IN WITY,"- each of the .,arties have hereunto
caused these presents to be executed by their duly authorized
officers, thereunto duly authorised on this the date and year
first above written, in duplicate.
Q ELI � Y C;F
BY:
7 a t t8i Mayor
yo0 r
&TTEJT:
7 'S ItS71 1'erk
.;J y :
.a its —ecretary
6TATS OF ALABAMAj
COUNTY OF BALDWIS.
I, the e
undersi-ned notary -,ublic, in and for said ,;ounty,
15
in said .Mate, hereby certify that J3:- and 4AA"
whose names as .ayor and City 4'1eric, respeatively, of -,%J-b.e V'ITY wF
ill' -,I , a ,�unici,,rjal -orl,-,oratioa, are signed to the foregoing
instrum.,nt, and who are Itnown to me, acknowledLLed before ie on
this day that being informea of the contents of said instrument,
they as such officers and with full authority, executed the same
voluntarily for and as the act of said corporation, aotia�,,, in
their capacities as tlayor and ity .;ierk as aforesaid.
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,riven under nv hand and official se�il on tbiS the,
da-0
y of 196)
Notary . ublic, --aldwin ,W'ountj, -i'tlabama.
STAT"I" OF ALAbAMAj
COUSTr OF 4
r
.kv the un,!&r6igned a,)tai-y i;ublict in and for said ounty,
ixk said h4ate, hereby certify that $
whose name as ,ecretarjv of &, UU!,kWIAW, iiiv. 9 a -"orporation,
is signed to the foregoini- instrument, ;ind who is imown to me,
acknowle&zed before ae on this day that bein6 informed of the
conteLts of the instrument, he as such officer and with full
authority, executed tfte same voluntarily for and as the act of
said co.-poration, acting in his capacity as ...;ecretary as 1-if,)re-
said.
Avon unaermy hand and official seal on this the
day of 1962.
1�otary ubiic, county of
_)tate of .,Iab&yna 0
ale It of four pages—