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Home My WebLink About12-11-1972 Regular MeetingJ " STATE OF ALABAMA '{c COUNTY OF BALDWIN The City Council of the Bity of Fairhope, Alabama met in regular session at the City Administration Building.,- 387 Fairhope Avenue, Monday, December 119 1972 at 7800 P.M. with the following members presents Mayor James Pe Nix, Councilmens David Be Bishop, Henry G: Bishop, Sam Be Boa, 011ie Be Deese and Barney Let Shulle Minutes of the previous regular meeting were approved., Motion by Councilman Shull seconded by Councilman Box that the Code of Ordinances of the City of Fairhope be brought up to date.; Nation carried.' Motion by Councilman Box seoonded.by Councilman Shull that Ordin- ance Noe3 4969 AN ORDINANCE TO ESTABLISH A MANDATORY RETIREM M FOR ALL SALARIED CITY EMPLOYEES AT AGE SIXTY-FIVE (65) EXCEPTING THERE FROM ALL ELECTED OFFICIALS, introduced at the regular meeting of -November 279 1972 be adopted as introduced.' Motion oarried. Notion by Councilman Bishop seconded by Councilman Box that all City employees be given Christmas Bonus as in previous years., Notion carried. This being date set for public hearing on rezoning from R.1 and R. 2 to B-19 property on the north side of Fairhope Avenue adjoining Union Oil property, there being no protests,, Councilman He, Go' Bishop introduced the following Ordinances ORDINANCE Noe 500 AN ORDINANCE AMENDING ZONING ORDINANCE NO:: 2959 SECTION 139` DISTRICT BOUNDARIES. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAIBHOPE, ALABAMA, that Section 139, District Boundaries of Zoning Ordinance No, 295 be amended by rezoning from R»1 and R-2 to B-1 the follow ing described property: The West 333 feet of the South 3405 feet of the S/E * of the No: E * of 8e0.4 179 T66, R2E0 Bald. win County, Alabama.within the corporate limits of the City of Fairhope, on the north side of Fairhope Avenue adjoining Union Oil property. Adopted this the day Attest: 1c\J sty ark Councilman Shull moved, seconded by Councilman Boa that all rphlei governing the Council which might, unless suspended,' prevent the passage and adoption of the Ordinance at this meeting, be and the same are hereby suspended for the purpose.of permitting the said Ordinance to be finally passed and adopted at this meeting.' The - question was put before the Council and on roll call the vote was as follows: Yeas Councilmen: David Bishop, He' G. Bishop, Sam Eei Box; 011ie E.� Deese and Barney Le Shull. Hays None., Motion adopt•• ed by unanimous vote. Councilman Hei Go' Bishop moved that said Ordinance No.! 500 be finally passed and adopted as introduced.% Councilman Shull seconded the motione4 The question was put befor4 the Council and on roll call the vote was as follows: Yea: Council men Daiid Bishop, He, Go Bishop, Sam Be Boa, 011ie -Be Deese and Barney L: Shull.. Nays: None., Ordinance No., 500 finally passed and adopted as introduced.! Motion by Councilman H. G. Bishop seconded by Councilman Barney Shull that the City accept audit as prepared by Parker and White, Certified Public Accountants, of Foley, Ala, and commend them on very fine audit. Motion carried. Motion by Councilman Barney Shull seconded by Councilman David E. Bishop that Council approved adoption of budget as presented. Motion carried. Motion by Councilman H. G. Bishop seconded by Councilman Sam Box that all City employees be given a 5% pay increase retroactive to January 1, 1973• Motion carried. Motion by Councilman Sam Box seconded by Councilman Barney Shull that the City Attorney be authorized to get easement on Summit Street to Waste Water Plant and that Moore Engineering Company be authorized to get correct description of easement. Motion earriei Motion by Councilman Barney Shull seconded by Councilman 011ie Deese that the City purchase 16 lights for Stimpson Field from Mobile Tunnel Construction provided lights will meet needs of the City, cost not to exceed $75.00 per unit and the school to max pay one half the cost. Motion carried. Moore Engineering reported that approval had been received on new wells and that bid letting would be on Monday, February 12, 1973 at 2:00 P.M. at the City Administration Butting, 387 Fairhope Avenue. . -- Motion by Councilman H. G.,-Bishop'seconded by Councilman Box that bills be approved for payment. r Motion 'harried.- d + ,, `a _ 'It was duly moved and seconded that,the meeting adjourn. carried. `' ' { Attestze City C1 er Notion It Motion by Councilman H.• G:' Bishop seconded by Councilman 011ie Deese that the bills be approved for payment.' Motion carried., Motion by Councilman Boa seconded by Councilman Shull that the Mayor be authorized to sign Lease Agreement with Herman K., Wallace for Municipal Fisherman Dock for one year.' Notion carried: Motion by Councilman Shull seconded by Councilman Deese that the following Resolution be adopteds RESOLUTION WHEREAS, The City of F&irhope is now in the process of improving Fairhope Avenue,, in the City of Fairhope, Alabama, and WHEREAS, the City of Fairhope is desirous of borrowin the necessary funds from The First National, Bank of •Fairhope,. F hope Alabama for the improvement of said Fairhope Avenue, which said loan shall be a general obligation of the City and additio secured by the pledge of its gasoline tax paid to the City of Fairhope by the State of Alabama, and WHEREAS, the Mayor and of borrowing the necessary funds Fairhope, in Fairhope,- Alabama, Council of the City are desirous from the First National Bank of NOW, THEREFORE, BE ZV RESOLVED that the Mayor be, and he Los hereby authorized to borrow the necessary funds and execute an and all necessary documents therefor with the First National Bank of Fairhope, Fairhope, Alabama in the amount of 79000.00 to be repaid in monthly payments of J2,038.98 per months which said pay. ments shall include the interest at the rate of 4% per annum on the unpaid balanoe.a ADOPTED this the 11th day of December,, 1972+ CITY 0 FAIRHOPE BY: / • (~` its or ATTEST s • 3 ity Cletki Wpon being put to vote the following vote was recorded, Ayes Couno wens David Bishop, Sam Box, 011ie Deese and Barney Shulm.r Nays, None.° Councilman H.: G." Bishop abstained from voting,' Notion carried and Resolution duly adopted. Councilman H.' G. Bishop nominated Mr: Paul A. Frederick III to the Board of Managers of the School of Organic Education and rsaffirme the appointments of We, Marvin 0. Berglin and Nrs: Helk Dyson to the Board:i Notion seoonded by Councilman Box and carried unanimou lye,' Notion by Councilman Shull seconded by Councilman Deese that the Council dispense with the next regular meeting of the Council on December 25, 1972. Notion oarried., It was duly moved and seconded that the meeting adjourn: Notion carried.' I ,` Attests City Cle k r CUT V PAUB*Ps �. Desester bills jeftorai �4# Robto ftvpiks�,,- .,ggo� d �g : id # �+�k� ASOMw f l �L " a� 213# somw,(A"* bi ) a0*080, DO'S weiwv. 100So* 314s, i �* '� CO*Dan .SUMPOM old x # s WOOS - 1forwx 103,66 J# x00* 00 Os' 160,77 Raw and She" 22# 50 S00�" 136*59 �*i� giro# T# *1 JbI'�. .4.4 1004 Auto aso 'sow"Piton fA. *Lrs! Roaty - Audit Add, "Maples 1670.4 qatiltyP inti 14,25 01 A"r# coo �y* '9Fi1w ftlIer• _ s r - l939723010 . 64 `5# 31 210541 � s r m allowswellts Nat Al. SVPIY vo so TO fir. fAmt .t iMAM ft"* bu" I 'Jaw Zma AU ,vvrwpw00 & fir lam, Rost* 7* 53 t*88 1�** 00 19 A 9 1 ,27%31 lsio,24 },. i 5() t lot g). 170 10 97.50 04i ail �r UW*s • -ftoabW UX AOS*Mt. 1"It #637*7Z 51 ITY OF FAIRHOPE December bills General Funds Burford Equipment Co. 4.94 Robt. Brooks 5.15 Robt, S. Bateman and Assoc. Maps 16.86 Bancroft Engraving Co. Eugene Bosby (Add. Garb. Dikkk's Wrecker Service Delat Exterminating Co. Data Corp. John V. Duok Dees Paper Co. Don's Shoe Store Fairhope Texaco 20.09 Charge) 800.00 Paid 10.00 Band Bldg. 30.00 F. S. T. C. Adm. Bldg. Sfimpson Field Fairhope Laundry Fairhope Pharmacy Gaston Motor$ Co. Lee Groves - Xeroxing Julwin's Leo's - Police Uniforms May Machinery Co. Mobile Electric Garage Mobile Rug and Shade Marine Specialty McCain Uniform Marshall's T. V. Nelson -Pinson Auto Body Repair National Linen Service Parker House Parker & White Pitman Realty - Audit Add. vehicles Quality Printing Saunders Engine and Equipment Shepherd. Printing Valta Constr. Co. Waller Bros. Alma a ower=Company Southeastern Power Data Corp. Fuel Oil Supply Parker and White- 75.0.0 96.50 44.80 23.00 16.00 359•08 745.03 31.90 8.82 28.29 48.15 16.30 103.66 100.00 160.77 22.50 9.79 136.59 10.75 25.65 10.00 3.75 19150.00 993.00 367.00 140.25 281.50 145.01 191.42 ~ 692� 800.00 Paid 59488.54 199344.64 39723.90 275.31 21.50 ' 1 1 0.00 2�i5.3 IDeoember bills Gas Department: Data Corp. Fuel Oil Supply Co. Gaston Motor Company Pringle Gas Meter Repair Parker & White Rudy's Automotive Supply Water and Sewer Department: Data Corp. F M C Corp. Fuel Oil Supply F. S. T. Co Rent Moore -Handley McKesson Chemioal Co. Neptune Meter Co. Parker And White Rookwell Mfg. Sears Roebuok & Co. United Laboratories Miso. bills: John Duok Airport Vermeer Sales & Servioe Rev, Sharing Aoot. Pro j eat W. P. C. ALA 2041 Moore Engr, Dixie Laboratories Martin Builders # 27S.32 7.50 1.88 134.00 19150.00 21.24 19589.9 275•31 " 180.24 2.50 41.29 2,46o.=77 424.65 961,20 1;L150.00 9.26 31.06 309.73 59848.01 17.00 39975.00 831.35 28.00 4 000.41 ----49 9 659. 76 '-- Project WS-ALA-149 WaterTaoilitiest Moore Engr., Co. 139 098, 00 Fairhope Avenue - Gasoline Tax A000untt Moore Engr. 166.04 Williams Contraoting Co. 4 1 68 7937.72 a- J STATE OF ALABAMA ) BALDWIN COUNTY ) NOTICE OF STATUTORY MORTGAGE LIEN Notice is hereby given, pursuant to Section 313 of Title 37 of the Code of Alabama of 1940, as amended, as follows: 1. The City Council of the City of Fairhope has hereto- fore on, to -wit, November 27, 1972, adopted an ordinance authoriz- ing the issuance of $8?5,000 principal amount of revenue bonds of the said City under the provisions of Title 37, Chapter 6, Article 2, Subdivision 3 of the Code of Alabama of 1940, as amen- ded, for the purpose of acquiring improvements to the City's water works and sanitary sewer system. 2. The said water works and sewer system consists of facilities owned by the City for the production, treatment, transmission and sale of water and located in Baldwin County, Alabama, including wells, water pumping and treatment facilities, water.storage facilities, mains, services, meters, valves, hydrants, sanitary sewer lines, mains, laterals, sewage treatment and dispo- sal facilities and appurtenant facilities. The City's natural o gas distribution system includes odorizing facilities, regulator cil and pressure reduction facilities, gas mains, gas pipes, regula- Cil tors, gas distribution facilities of all kinds, meters, valves, m fittings and services in connection therewith. The said systems W " O include, among.other facilities, all of the parcels of real prop- erty specifically described in the City's Notice of Statutory Mortgage Lien filed in the Office of the Judge of Probate of Baldwin County on January 17, 1962, and there recorded in Book 382 at page 315. The within notice supplements the aforesaid notice, recorded on January 11, 1962. 3. The said bonds are coupon bonds in the principal amount of $875,000, designated Water. -Gas and Sewer Revenue Bonds, Series 1972, dated December 1, 1972, of the denomination of $5,000 each, and bearing interest at the following rates per annum: 4.50% for Bonds maturing in each of the years 1973 through 1982; 4.55% for Bonds maturing in 1983; 4.70% for Bonds maturing in 1984; 4.85% for Bonds maturing in 1985; 5.00% for Bonds maturing in 1986; 5'.05% for Bonds maturing in 1987; 5.10% for Bonds maturing in.1988; 5.15% for Bonds maturing in 1989; 5.20% for Bonds matur- ing in 1990; 5.25% for Bonds maturing in 1991; 5.30% for Bonds ma- turing in each of the years 1992 and 1993; and 5% for Bonds matur- ing in 1994, payable semiannually on the first days of June and December in each year, and maturing on December 1 in the follow- ing principal amounts in each of the following years: $20,000 in 1973 through 1975; $25,000 in 1976 through 1978; $30,000 in 1979 and 1980; $35,000 in 1981 and 1982; $40,000 in 1983 and 1984; $45,000 in 1985 and 1986; $50,000 in 1987 through 1989; $55000 in 1990 and 1991; and $60,000 in 1992 through 1994. 4. By virtue of the said laws of the State of Alabama, the -ordinance -authorizing the issuance of the aforesaid bonds, and Section 2.3 of the Trust Indenture between the City and The Merchants National Bank of Mobile dated as of December 1, 19619 a statutory mortgage lien on the said Systems, including any replacements or extensions thereof and improvements or additions thereto, has been created in favor of the'fiolder or holders of the said bonds and in favor of the holders of the interest coupons attached thereto and in favor of the holders of all other bonds and coupons heretofore or hereafter issued pursu- ant to the aforesaid Trust Indenture on a parity with -the Bonds; and the Systems shall remain subject to such statutory mortgage lien until payment in full of the principal of and interest on all such bonds, or until moneys sufficient for the payment of the principal thereof and interest thereon have been deposi- ted in trust for the payment thereof. CO 0 CJ't Ca A rM rM CADhR IN WITNESS WHEREOF, the City has caused this instrument to be executed in its name and on its behalf by its Mayor and City Clerk, and its corporate seal to be hereunto affixed and attested by its City Clerk, on this day of , 19-42-. •'sue Attest: STATE OF ALABAMA ) BALDWIN COUNTY ) The undersigned notary public certifies that James P. Nix and Marie Moore, whose names as Mayor and City Clerk of co the City of Fairhope, Alabama, are signed to the foregoing no- Cil tice, and who are known to me to be such officers, acknowledged CA CL� before me on this date that, being informed of the contents y m of such notice, they in their respective capacities as such C officers and with full authority, executed the same voluntar- ily on the day the same bears date as and for the act of the ti i said City. jVEN under my hand and official seal this da 3 c. of ,' 19 �3. N C� �.: '/ . +�''• .... off• Notary Public NOTARIAL SEAL My commission expires: 7 3 STATE of ALABAMA, BALDWIN COUNTY 1 certify that this Instrument ww find oe JAN 1519n and that ny, tax was eomected. Ito-rded i J„ d" of P bat. STATE OF ALABAMA -PROBATE COURT Baldwin County a 1, HARRY D'OLIVE, Judge of Probate Court in and for said State and County, hereby certify that the within and foregoing Three pages contain a full, true and complete copy of the Notice of Statutory Mortgage Lien as recorded in Mortgage Book 559, Pages 300-302. as the same appears of record in my office. Given under my hand and seal of office, this lhth day of January 19 73