Loading...
HomeMy WebLinkAbout09-14-1970 Regular MeetingSTATE OF A LA BA MA COUNTY OF BA LDWI N The City Council of the City of Fairhope met in regular session at the Adult and Tourist Recreation Building on September 14, 1970 at 7:30 P.m.; with the following members present: Mayor R. C. Macon, Councilmen James P. Nix, Robert H. Cowen, H. G. Bishop, J hn A. Robertson and Sam E. Box. Minutes of previous meeting were approved. This being date set for protest meeting on Improvement -on Bon Secour Avenue, no protests were heard or submitted in writing. Councilman Robertson moved, seconded by Councilman Cowen, that the following Resolution be adopted: Motion carried. A Resolution Confirming Improvement Ordinance No. 447 Adopted August 10, 1970. BE IT RESOLVED By The City Council of the City of Fairhope as follows: Section 1. That upon evidence presented to and considered by it, the City Council does hereby make a finding and determina- tion of the following facts: (a) At a regular meeting of the City Council of the City of Fairhope held on the loth day of August, 1970, Improvement Ordis nance No. 447 was adopted and notice of the adoption of said Ordinance was given by publication of said Ordinance in the Fairhope Courier, a ne spaper of general circ ation in{be City of Fairhope in the issues of i3 /9 D and p lq/zo , which said Ordina7nce state that the City Council Qf the City of Fairhope would meet on the 14th day of September, 1970 at 7:30 O'Clock P.M., at the Adult Tourist Recreation Building in the City ofFairhope to hear any ob- jections, remonstrances or protests that might be made against said improvements, the manner of making the same, or the character of the materials to be used. (b) A copy of said Improvement Ordinance No. 447 was sent by registered mail, postage prepaid, to each of the persons last assessing for City taxation the property proposed to be assessed for said improvements, at their last known addresses; said notice having been mailed on September 2, 1970, more than ten days prior to the 14th day of September 1970. (c) No protests, objections or remonstrances against said improvements, the manner of making the same, or the character of the materials to be used have been filed in wiriting with the City Clerk or in her office or have been made at this meeting. Section 2. That said Ordinance No. 447, entitled "An Ordinance To Provide For Certain Improvements on Bon Secour Avenue" is hereby in all things ratified and confirmed. Attest: City Clerk Mayor This being date set for protest meeting on Improvements on Azalea Street the following protests were heard: Mr. Lee Allen protested paving on Azalea Street and representing the following property owners on Azalea Street Protested in their behalf, petition having been presented in writing at an earlier date protest- ing paving: Mr. and Mrs. Obermeyer Mr. Charles Williamson Mrs. Paul Britton 2 After due consideration of protests, Councilman Rovertson moved, seconded by Councilman Cowen, that protests be overruled and the following Resolution adopted: motion carried. A Resolution Confirming Improvement Ordinance No. 448, Adopted August 25, 1970. BE IT RESOLVED by The City Council of The City of Fair - hope as follows: Section 1. That upon evidence presented to and consi- dered by it, the City Council does hereby make a finding and deter- mination of the following facts: (a) At a regular meeting of the City. Council of the City of Fairhope held on the 25th day of August, 1970, Improvement Or- dinance No. 448 was adopted and notice of the adoption of said Or- dinance was given by publication of said Or dinance in the Fairhope Courier, a newspaper published in and of general circulation in the City of Fairhope in the issues of August 27, 1970 and September 3rd 1970, which said Ordinance stated that the City Council of the City of Fairhope would meet on the 14th day of September, 1970 at 7:30 P.m., at the Adult Tourist Recreation Building in the City of Fair - hope to hear any objections, remonstrances or protests that might be made against said improvements, the manner of making the same, or the character of the materials to be used. (b) A copy of said Improvement Ordinance No. 448 was sent by registered mail, postage prepaid, to each of the persons last as- sessing for City taxation the property proposed to be assessed for said improvements, at their last known addresses; said notice having veen mailed on the 2nd day of September, 1970, more than ten days prior to the 14th day of September, 1970. (c) Protests at this meeting overruled. Section 2. That said Ordinance No. 448 entitled "An Or- dinance To Provide For Certain Improvements on Azalea Street In The City of Fairhope" is hereby in all things ratified and confirmed. May or Attest: City Clerk Motion by Councilman Box seconded by Councilman Robertson that the following Resolution be adopted: motion carried. RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAIRHOPE ALABAMA, that the City hereby approves West Baldwin Water and Fire Protection Authority's action of September 2, 1970 granting to Grand Manor Corporation a membership in the West Baldwin Water and Fire Pro- tection Authority System. Motion by Councilman Box seconded by Councilman Robertson that Or- dinance No. 449, Schedule of Rates for Gas and Service Furnished From The Gas Distribution System Of The City of Fairhope, introduced at the regular meeting of August 25, 1970, be finally adopted as in- troduced. motion carried. a 3. Motion by Councilman Nix seconded by Councilman Robertson that Ordinance No. 450, Schedule of Electric Rates, introduced at the regular meeting of August 25, 1970 be finally adopted as intro- duced. Upon being put to vote the following vote was recorded: Voting Aye: Councilmen Nix and Robertson, Voting Nay: Councilman: Bishop, Cowen and Box. motion defeated. Motion by Councilman Nix that,the Poll¢win ordinance be introduced: (� Ft ► n a �, c G /1 co. q Y2_ BE IT ORDAINED by the City Council of the City of Fairhope that the rate for all electric family dwelling is as follows: :JET,`>ANNUAL RATE n0 ✓ $150.00 per service year, including the use of 10,000 ` KVW; plus 1.20 per KWH f or all over 10,000 KWH. AVERAGE MONTHLY BILLING c ' Consumer's total annual use will be estimated for the initial year and a uniform bill will be rendered monthly for twelve months in the amount of one -twelfth the estimated annual bill. Bil- ling for each twelve months thereafter will be based on be actual energy used during the previous year adjusted, if necessary, to pro- duce an approximate zero balance at the end of such year. PAYMENT Bills for service rendered hereunder are payable within ten (10) days from due date and if not paid within such period become delinquent and aubject to charges as set forth in the Com- pany's Rules and Regulations. CONTRACT PERIOD Service under this rate at any single premises shall be for not less than one year except upon discontinuance of service at that prrmises at Consumer's request.e, Motion by Councilman Bishop seconded by Councilman Robertson that $10,000.00 payment on Principal and $1,1B7.50 interest be paid on Pier Note and balance of $909000.00 be renewed for 90 days at 4 3/4 percent interest. Motion carried. Motion by Councilman Bishop seconded by Councilman Cowen that $100,000.00 temporary loan plus interest be paid. Motion carried. Motion by Councilman Bishop seconded by Councilman Box that the following Resolution be adopted: Motion carried. RESOLUTION BE IT RESOLVED by The City Council of The City of Fair - hope, Alabama that the City Clerk be authorized to deposit monthly in the First National Bank of Fairhope the amount of $3,416.66 from General Fund to account to be entitled General Obligation Warrant and Interest Savings Account, to pay Warrant and Interest due on August 1, 1971. Motion by Councilman Box that the following Ordinance be introduced as recommended by the Planning and Zoning Commission. ORDINANCE NO. 451 AN ORDINANCE AMENDING SECTION 13, DISTRICT BOUNDARIES OF ZONING' ORD I NA NCE NO. 295. 4. BE IT ORDAINED by the City Council of the City ofFair- hope that the following described property be rezoned from R-1 to R-3 as recommended by the Planning and Zoning Commission. From the Northwest Corner of Section 299 Township 6 South, Range 2 East run East 140 feet and thence South 16.6 feet to a point on the South side of Twin Beach Rd., for a DOING OF BEGINNING: Thence run East along Twin Beach Road, 139 feet; thence run South and parallel to the West line of Section 29, a dis- tance of 643.9 feet to a point on the South boundar of the North half of the NWf of the N4 of said Section 29; thence run West and parallel to the North line of said section, a distance of 279 feet to a point on the Section Line; thence run North along the section line 464.7 feet; thence run East 100 feet; thence run North 179.2 feet to the POINT OF BEGINNING, EXCEPTING THEREFROM a strip of land 40 feet in width along, over and across the Western 40 feet of the Southern 464.7 feet of said property, which strip of land is in use as a public road or highway known as "Section Street". Tract, exclusive of right-of-way uses, contains 3.121 acres, net, assessable land, in the NWf of the NA of Section 299 Township 6 South, Range 2 East, Baldwin County,, Alabama. Land located at the Southeast corner of Section Street and Twin Beach Road in the Police jurisdiction of the City of Fairhope. Motion by Councilman Robettson seconded by Councilman Nix that Council authorize City crews to proceed with improve- ments on North Church Street as previously authorized. Motion carried. Motion by Councilman Box seconded by Councilman Cowen that the City Attorney be instructed to proceed with action to collect unpaid bills. Motion by Councilman Bishop seconded by Councilman Cowen that bills be approved for payment. Motion carried. Motion by Councilman Cowen seconded by Councilman Bishop that bill of Pylate Construction Company for repairing tennis courts in be amount of $4,302.45 be approved for payment. Motion carried. Mayor Macon made the following appointments with the approval of the City Council: Michael Re jczyk, Superintendent of Water Department. Martin Nelson, Superintendent of Sewer Department. Alfred Nelson, Superintendent of Construction and maintenance of Gas Department. Edward Keller, Superintendent of Dater and Sewer Con- struction. Councilman Box introduced the following Ordinance: ORDINANCE NO. 45� AN ORDINANCE AUTHORIZING THE ISSUANCE BY THE CITY OF FAIRHOPE, ALABAMA, OF $72,000.00 .AND THE ISSUANCE IN EVIDENCE THEREOF OF i THE CI TY' S GENERAL OBLIGATION WARR.ANIT TILE THE .PRINCIPAL AMOUNT OF $72,000,E 0 R 1 h. a,-. C_ e- �F i BE IT ORDAINED by the Mayor and City Council (herein called "the Coiinciln) of the City of Fairhope, Alabama (herein called 'the City"), as follows Section 1. Findings: The Council has determined and hereby finds and declares as follows: it is advantageous to the City and its inhabitants and in the public interest that the City purchase the present bank building of the First National Bank of Fairhope, Alabama, for the sum of $80,000.00 and the conveyance -by the City of Fairhope of property owned by the City in accordance with the contract herefore made between the City of Fairhope and the Fairhope Building Corporation and General Obligation Warrants of the City in the principal amount of'$8,000.00 , each dated the 15th day of September, and shall be payable annually on the 31st day of December, starting 1972 and each year thereafter, until paid in full and shall bear interest from the delivery of the physical assets of the build- ing but not later than December 31st, 1971 until its maturity at the rate of 5% per annum until maturity, and shall be made payable A.b the rust 'DTaionaT<Bani°_:: to the Fairhope Building Corporation or its assigns, Section 2. Aluthorization of Warrant: Pursuant to the applicable provisions of the constitution and laws of the State of Alabama, including pay iicularly Section 465 of Title 37 of the Code of Alabama of 1940, and for the purpose of paying for said City Hall, which the City is hereby authorized to issue General Obligation Warrant to the Fairhope Building Corporation, in the principal sum of $72,000.00, in evidence' of the money they owe, and the City is hereby authorized to issue and deliver to the Fairhope Building Corporation, at the t.me of closing the transa.ction• Section 3. Execution and Registration:Zhe.w.ai+rants shall be executed and the corporate seal of the City small be affixed there- to by the may9r of the City, and the city clerk shall attest the note by subscribing her signature thereon. 71i4:.parra.nt shall be registered and the records maintained by the city treasurer as a claim against -the City and the taxes and revenues thereon specially pledged therefor. The said officers are hereby authorized and di- rected to so execute and attest then vauwt:and affix the said seal thereto and matte sucJ6 registration. Section 4. General Obligationi The indebtedness shall be evidenced and ordered paid by the warrant is and shall be a general obligation of the City for payment of the principal of and interest on which the full faith and credit of the City is hereby irrevocably pledged. In addition thereto, and as a part of the contract whereunder .the money evidenced by the warrant is borrowed and said agreement is made, the City does hereby agree with the holder of said warrant that the City will levy, collect and apply to payment of the principal and the interest on said warrant, so long as any part thereof remains unpaid, all license taxes, all ad valorem taxes and other taxes or revenues due or to become due to the City within twelve months from the date of the `ate Lk "-sub- ject to all lawful prior charges on said taxes and revenues. I Section 5. Form of Warrant: The warrant shall be in sub- stantially the following form: 0 UNITED STATES OF AMERICA ' STATES OF ALABAMA BALDWIN COUNTY CITY OF FAIRHOPE G21M AL OBLIGATION WARRANT 1 15 September, 1970 i No. ' ;I $8 , 000.00 The City of Fai!hope,a municipal corporation organized and unclerand by virtue of the laws ofthe State of Alabama, existin � r' ' . g �. , for value received, hereby acknowledges itself indebted to Fair - hope Building Corporation or its assignee, in the principal sum of Bight Thousand and 00/100 Dollars ($8000.00) and hereby orders and directs the City Treasurer of the City of Fairhope to pay to .'said payee or its assignee noted hereon said sum on December 31, 19 , and to pay interest on said sum at the rate of five per cent', per znnum, beginning on delivery of physical possession of '%,:. tho building but not,later la ter than December 31, 19 1 � and payable '' therbaf ter �vn Decem er 31 in each year until maturity. Both principal �, y, p ipal, and intere"t are payable in lawful money of the United Sxates of America, at par and without deduction for exchange or doStS ©f collection at First National Bank of Fairhope, Fairrhope, Alabama, who are authorized to accept and will distribute said interest to Warrant holders. This Warrant is one of a, duly authorized issue of Seventy -Thousand Dollars, ($72,000.00), to apply on the purchase price of tho tank of Fairhope Building, which is to be used as the City =iia?.l for the City .�f Fairhope, pursuant to the provisions of the Constitution and Yaws of the State of Alabama, including part- . s. . i.cul,arly Title 37, Section 466 Alabama Code of 1940, and a. -,resolution _:snd dizoceddings of the City Council of the Ci Ly of Fairhope duiduiy held, p"sed and conducted . The indeUtedr,css evides czd, by this and the other Warrants of this issue is 1. general 010-iga cios1 of the City of Fairhope and Che ACUI . and c� -di,. •".rsaid City are hereby sacredly and ;�lerzg tc the payment of 'the principal t;iereof and therz),*,; a 1 �� 1 1 This Warrant is non-negotiable but isItransfera.ble by assignment noted hereon. Each taker, owner, purchaser or holder hereof, by receiving or accepting this Warrant, shall consent and agree and shall be estopped to deny that the I City may treat any person in possession of this Warrant, regardless of how such possession may have been acquired and regardless of the genuineness or effectiveness of any assignment, as the absolute owner for all purposes and pay- ment of principal or interest to any such person shall dis- charge all obligations therefor.hereunder. It is hereby recited, certified and declared that the I indebtedness evidenced by this Warrant is lawfully due, with- out condition, abatement of offset and that all acts, conditions and things required by the Constitution and laws of the State of Alabama, to happen, exist and be performed precedent to and in the execution, reggistration and issuance of this Warrant and the adoption of the resolution authorizing its execution, registration and- issuance, have happened, do exist and -have - been performed as so required -and that the principal amount of this Warrant togetheir Vith all- other indebtedness of the- City : _ of Fa.irhope, are within every debt and other limit prescribed by the- Constitution and- laws- of the State of Alabama-. IN WITNESS WHEREOF, the City of Fairhope, acting by and through its City Council has caused this Warrant to be executed in its name and on its behalf by its Mayor and attested by its City Clerk and its corporate seal to be a impressed hereon and,has caused this Warrant to be Dated the 15th day of September, 1970. CITY OF FAIRHOPE By Mayor S E A L Attest: City lerk 'NI I hereby certify that this Warrant and the interest thereon have been duly registered by me as a claim against the City of Fairhope, State of Alabama. City Treasurer of the City of Fairhope, Alabama r A S S I G N M E N T For value received, the Warrant on the reverse hereof is assigned to the assignee designated in the left hand column below by the owner and assignor designated in the right .hand column below, without recourse on or warranty by such assignor, except that he warrants that'he is the owrier-of said Warrant'and has a right to assign it., ASSIGNEE ASSIGNOR I I r Section 6. Delivery of Warrant: The city treasurer is herby authorized and directed to deliver the warrants when executed, sealed, attested and registered in the name provided at any time to the First National,Bank of Fairhope, deposit in the Escrow account that the bank has with the Fairhope Building Corporation, to be delivered to the Fairhope Building Corporation when conveyance be made to the bank building in accordance with the agreement. Warrants shall be so delivered on or before the 31st day of December, 19 , unless it should be for any reason impracticable to -effect delivery of the Warrant on that date. If the warrant is not de- livered by the 31st day of December, 1972, it shall be delivered as soon thereafter as may be practicable. Section 7. Use of Proceeds from said Warrants: These i warrants shall be issued for the purpose of purchasing the Bank building to be used as the City Hall, as per the agreement made with the Fairhope Building Corporation. Adopted this the 14th day of September, 1970. R.C. Macon, Mayor It l� Wi There is no litigation pending in any court, and to the best of our knowledge, information and belief there is no litigation threatened, attacking or in any way questioning any of the following: the corporate existence of the City; the Territorial boundaries of the City; the election or title of any of the above mentioned officers of the City as hereinabove stated; The validity of the General Obligation Warrant of the city dated September 14, 1970, in the prin- cipal amount of $72,000.00 (herein called "the warrant"), which was issued pursuant to authorization contained in Ordinance No. (here- in called "the,authorizing ordinance"), adopted by the council on September 14, 1970; the power of the mayor to execute the warrant in the name of and in behalf of the city and to cause the official seal of the city to be impressed theron;.the power of the city clerk to attest the said seal and the said execution by subscribing her sign a.ture of the warrant; the power or duty of the city treasurer to pay the principal of and interest on the warrant out of any funds of the city available therei(3r; or the power of the undersigned city treasurer to deliver the said warrant to the First National Bank of Fairhope and deposit same with the escrow account they have with the Bank to the Fairhope Building Corporation. The authorizing ordinance has not been repealed, revoked or amended and is in full force and effect. } 6. Councilman Bishop introduced the following Ordinance: A DISCONTINUANCE OF SERVICES FOR NON-PAYMENT Action of the City Council in certain cases: BE IT ORDAINED by the City Council of the City of Fairhope, That: Services for City Utilities shall be discontinued to all persons whose public utilities bill shall not have been paid on or before twenty days after they have been billed, provided, when the City Clerk deems it proper, such delinquency may be presented to the City Council for direction before services are discontinued, but such failure to discontinue services shall be reported to the next meeting of the Council. No services for electricity, gas, water, sewer or garbage shall be resumed after such discontinuance unless the party pays all sums owed for services and penalties including a charge of $2.00, for discontinuance and resumption. Motion by Councilman Box seconded by Councilman Nix that City advertise for bids on three test wells. Bids to be opened at the regular meeting of the Fairhope City Council meeting of November 9, 1970, at 7:30 P.M. It was duly moved and seconded that the meeting adjourn. Motion carried. Attest: City Clerk Approved: Mayor