HomeMy WebLinkAbout03-10-1983 Regular Meeting451
STATE OF ALABAMA
COUNTY OF BALDWIN
We, the undersigned members of the Fairhope City Council,
do hereby waive notice of a special -called meeting to be held
10 March 1983 at 5:00 o'clock, P.M., Fairhope Municipal Com-
plex, 161 North Section Street, Fairhope, Alabama, for the
purpose of discussing Mr. Curtis Gordan's plans for property
annexation through the State Legislature.
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City C erk
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452
STATE OF ALABAMA X
COUNTY OF BALDWIN Z
The City Council, City of Fairhope, met in special session
at 5:00 o'clock, P.M.; Fairhope-M-tinicipal Complex, 161 North
Section Street, Fairhope, Alabama 36532, on Thursday,
10 March 1983.
Present were Mayor James P. Nix, Councilmembers Roy C.
White, Trisha Nelson, David E. Bishop, Michael A. Ford, and
Sam E. Box; City Attorney Jim Reid and City Clerk Evelyn Phillips.
The purpose of this meeting was to hear Mr. Curtis P.
Gordan regarding annexation of property in Point Clear.
Mayor Nix read the following Resolution introduced by
Councilman Box. Councilman Box moved for adoption. Seconded
by Councilwoman Nelson, motion carried by the following vote:
AYE - Box, Nelson, White, and Bishop. NAY - none. ABSTAIN -
Ford:
RESOLUTION NO. 71-83
This agreement made this loth day of March, 1983, by and
between Curtis P. Gordon(hereinafter called the"developer")
and the City of Fairhope(hereinafter called the "city").
Whereas, developer has an option to purchase certain real
property in Point Clear, Baldwin County, Alabama, more spec-
ifically described in the survey attached hereto as Exhibit
"A"; and
Whereas, the developer wishes to institute and proceed with
annexation into the corporate limits of the City of Fairhope
of property per legal description per attached survey(Exhibit
A) and the City hereby agrees to the annexation of said property
under R-5 Zoning. And the city will allow developer, within
its powers, to complete the annexation process through the
necessary legislative action. Upon the property being annexed and
all other terms and conditions hereafter described being met, the
city shall grant requested sewer connection to the developer:
1. The city agrees to provide for the upgrading, by means
of a new pump station with a capacity of 150 gallons per minute,
of pump station no. 4 per that certain enginerring survey(ex-
hibit B) by Moore Engineering Company, Fairhope, Alabama, dated
December 14, 1979, known as the Grand Hotel Force Main & Pump
Station Survey.
453
March 10, 1983
2. The developer agrees to pay all the cost of said new pump
station, including those reasonable costs of engineering, equip-
ment and installation of Site No. 4 herein described, the final
costs to be determined by the City Engineer, Ack Moore.
3. Upon completion of installation of said pump station, the
City shall allow developer to connect to sewer line at Manhole
No. 9 of said Engineering Survey described above.
4. The City will agree to maintain and operate the sewer exten-
sion lines(except lines on developer's private property) and
pump station facilities and guarantee to developer to maintain
to developer a 10 gallon per minute flow, barring natural dis-
asters and/ or equipment failure.
5. When the pump station facilities are accepted by the City
for maintenance upon completion, all said facilities shall become
the property of the City(except lines on developer's private
property).
6. The City will let the work for bid, for 19aid new pump sta-
tion at Site No. 4 herein described, after annexation and with
fourteen(14) days after notification by the developer to proceed,
and an acceptable bond posted to insure payment for same. And
that construction of the Pump Station shall not take longer than
ninety(90) days after contract is let unless delays are caused
by bad weather and/or shipment of pump is delayed by the supp-
lier of the pump, or unless otherwise mutually agreed with dev-
eloper.
7. The Developer shall agree to pay the City the sewer rate as
set out in Ordinances 586 & 624, adopted 23 May 1977 and 9
October 1978, or pay other prevailing rate that may be adopted
by the City Council.
8. This agreement shall inure to the benefit and be binding
upon property being annexed into the City and all conditions
herein above being met upon both parties hereto and their
respective heirs, successors and assigns.
Adopted this loth day of March, 1983, and executed by the
parties hereto on the day and year above written.
Developer:
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Fairhope:
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Curtis Gordon M yor ames P. Nix
Attest:
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vely P. Phillips, C ty Clerk