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HomeMy WebLinkAbout12-12-1983 Regular Meeting527 STATE OF ALABAMA X COUNTY OF BALDWIN X The City Council, City of Fairhope, met in regular session at 5:30 o'clock, P.M., Fairhope Municipal Complex, Council Chamber, 161 North Section Street, Fairhope, Alabama 36532, on Monday, 12 December 1983. Present were Mayor James P. Nix; Councilmembers Sam E. Box, Michael A. Ford, and Roy C. White; City Attorney James Reid and City Clerk Evelyn Phillips. Absent: Councilmembers Trisha Nelson and David E. Bishop. Passage by unanimously vote in this session indicates an affirmative vote by Mayor Nix, Councilmembers Box, Ford, and White. Mayor Nix declared a quorum present and opened the meeting. Minutes of the 28 November 1983 regular session and the 1 December 1983 special sessions were duly approved. Mayor Nix opened the Public Hearing do the proposed issuance by the Fairhope Industrial Development Board of $700,000 maximum aggregate face amount Revenue Bonds. The Bonds will be limited obligations of the Industrial Board. There was no public input. Councilman White introduced, and moved for the adoption of, the following Resolution. Seconded by Councilman Box, motion to adopt passed by a unanimous AYE vote; Nay - none.: RESOLUTION NO. 98-83 BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FAIRHOPE, ATABAMA (the "Municipality"), as follows: Section 1. The City Council of the Municipality (the "Council") has found and determined and does hereby declare as follows: (a) The Industrial Development Board of the City of Fairhope, Alabama (the "Issuer"), a public corporation existing under the provisions of Article 4 of Chapter 54 of Title 11 of the CODE OF ALABAMA 1975 (the "Enabling Law"), proposes to acquire, con- struct and install a facility (the "Project"), consisting of a leasehold estate in a part of the hangar leased by the City of Fairhope to Fairhope Aviation Services, Inc., and adjacent parking facilities on Fairhope Municipal Airport Access Road with aggre- gate space of approximately 20,000 sq. ft. in the hangar and such other structures, improvements, fixtures, machinery, equipment, furniture and other property, now or hereafter situated on said parcel of land, as may be approved by the Issuer. The Project will be used and operated initially by Rohr Aero Services, Inc., or any other user or users designated by the Issuer (the "User") for manufacturing, warehousing and general industrial purposes in connection with aircraft and aircraft products and services, and for any other purpose authorized by the Enabling Law. 12 December 1983 528 Res. No. 98-83 continued: (b) In order to finance the acquisition, construction and in- stallation of the Project, the Issuer proposes to issue $700,000 maximum aggregate face amount of its revenue bonds (the "Bonds"). The Bonds will mature within 20 years from the date of their issuance. The Bonds will be limited obligations of the Issuer, payable solely from the rentals and other revenues and receipts to be derived by the Issuer fran the leasing or sale of the Pro- ject. The Project will be leased by the Issuer to the User pur- suant to an agreement providing for the acquisition, construction and installation of the Project and the payment of net rentals sufficient to provide for the payment of the principal of and interest on the Bonds when due, and containing such additional provisions as the Issuer may approve. The Bonds will be secured under an agreement whereby the Issuer will mortgage the Project and pledge the rentals and other revenues and receipts to be derived by the Issuer from the leasing or sale of the Project for the benefit of the holders of the Bonds. The Bonds will not be general obligations of the Issuer and they will not in any way constitute a debt, liability or obligation of the State of Alabama, Baldwin County, or the City of Fairhope, Alabama. The Bonds will not be payable fron any tax revenues. (c) Under the proposed plan of financing (the "Plan") , the Bonds may be issued in one or mare series. If the Bonds are issued in mere than one series, each series may be issued to finance a dif- ferent phase of acquisition, construction and installation of the Project, and the last series will be issued within a period of three years from the issuance of the first series. The agreement securing any subsequent series of Bonds will be subordinate to the agreement securing the prior series unless the agreement securing the prior series permits the issuance of the subsequent series on a parity with the prior series. (d) According to Section 103(k) of the Internal Revenue Code of 1954, as amended, interest on the Bonds will be subject to federal inane taxation unless the Bonds and the Plan have been approved by the Council after a public hearing following reasonable public notice. (e) A public hearing on the issuance of the Bonds under the Plan to finance the Project was held in the Council Chamber at the City Hall in the Municipality during the regular meeting of the Council which began at 5:30 o'clock, P.M., on 12 December 1983. The hearing was conducted in a manner that provided a reasonable opportunity for persons with differing views on both the issuance of the Bonds under the Plan and the location and nature of the Project to express their views, both orally and in writing. Public notice of said hearing was given by publication in EASTERN SHORE COURIER on 17 November 1983. The notice was reasonably designed to apprise residents of the Municipality of the proposed issuance of the Bonds under the Plan to finance the Project as set forth above. Publication of such notice is hereby ratified, approved and confirmed. 12 December 1983 529 Res. No. 98-83 continued: Section 2. The Council does hereby approve the Plan and the issuance of the Bonds under the Plan to finance the Project in accordance with the foregoing proposal of the Issuer. Section 3. The officers of the Municipality and of the Issuer are hereby authorized and directed to take all further actions which they consider to be necessary or desirable to carry out the provisions of this resolution. ADOPTED THIS 12th QAY OF DECEMBER, 1983. 1�1I , Mayor .ty Mayor Nix opened the Public Hearing on the proposed issuance by The Medical Clinic Board -East of the City of Fairhope, Ala- bama, of $300,000 maximum aggregate face amount Revenue Bonds. The Bonds will be limited obligations of the Board. There was no public input. Councilman Box introduced, and moved for the adoption of, the following Resolution. Seconded by Councilman Ford, motion to adopt passed by a unanimous AYE vote; NAY -none.: RESOLUTION NO. 99-83 BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FAIRHOPE,ALABAMA (the"Municipality"), as follows: Section 1. The City Council of the Municipality (the "Council") has found and determined and does hereby declare as follows: (a) The Medical Clinic Board -East of the City of Fairhope, Alabama (the "Issuer"), a public corporation existing under the provisions of Chapter 58 of Title 11 of the CODE OF ALABAMA 1975 (the "Enabling Law") proposes to acquire, construct and install a facility (the "Project"), consisting of a parcel of land of approximately 3/4 acres, situated in the vicinity of Ingleside Street, in the office park of the Thomas Hospital medical conplex area of Fairhope, Alabama, a building or buildings with aggregate space of approxi- mately 4375 sq. ft. and such other buildings, structures, improvements, fixtures, machinery, equipment, furniture and other property, now or hereafter situated on said parcel of land, as may be approved by the Issuer. The Project will be used and operated initially by A. Bedford Walker and Warner M. Wiggins or any other user or users designated by the Issuer (the "User") for medical offices for the User in the practice of pediatric medicine, and for any other pur- pose authorized by the Enabling Law. 12 December 1983 530 Res. No. 99-83 continued: (b) In order to finance the acquisition, construction, and in- stallation of the Project, the Issuer proposes to issue $300,000 maximum aggregate face amount of its revenue bonds (the "Bonds"). The Bonds will be limited obligations of the Issuer and will be payable solely from the rentals and other revenues and receipts to be derived by the Issuer from the leasing or sale of the Project. The Project will be leased by the Issuer to the User pursuant to an agreement providing for the acquisition, construction and in- stallation of the Project and the payment of net rentals sufficient to provide for the payment of the principal of and interest on the Bonds when due, and containing such additional provisions as the Issuer may approve. The Bonds will be secured under an agreement whereby the Issuer will mortgage the Project and pledge the rentals and other revenues and receipts to be derived by the Issuer from the leasing or sale of the Project for the benefit of the holders of the Bonds. The Bonds will not be general obligations of the Issuer and they will not in any way constitute a debt, liability or obligation of the State of Alabama, Baldwin County, or the Munici- pality. The Bonds will not be payable from any tax revenues. (c) Under the proposed plan of financing (the "Plan" ) , the Bonds may be issued in one or more series. If the Bonds are issued in more than one series, each series may be issued to finance a dif- ferent phase of acquisition, construction and installation of the Project, and the last series will be issued within a period of three years from the issuance of the first series. The agreement securing any subsequent series of Bonds will be subordinate to the agreement securing any prior.series unless the agreement securing the prior series permits the issuance of the subsequent series on a parity with the prior series. (d) According to Section 103(k) of the Internal Revenue Code of 1954, as amended, interest on the Bonds will be subject to federal income taxation unless the Bonds and the Plan have been approved by the Council after a public hearing following reasonable public notice. (e) A public hearing on the issuance of the Bonds under the Plan to finance the Project was held in the Council Chamber at the City Hall in the Municipality during the regular meeting of the Council which began at 5:30 o'clock, P.M., on 12 December 1983. The hearing was conducted in a manner that provided a reasonable opportunity for persons with differing views on both the issuance of the Bonds under the Plan and the location and nature of the Project to express their views, both orally and in writing. Public notice of said hearing was given by publication in Eastern Shore Courier on 17 November 1983. The notice was reasonably designed to apprise residents of the Municipality of the proposed issuance of the Bonds under the Plan to finance the Project as set forth above. Publication of such notice is hereby ratified, approved, and confirmed. Section 2. The Council does hereby approve the Plan and the issuance of the Bonds under the Plan to finance the Project in accordance with the foregoing proposal of the Issuer. 12 December 1983 531 Res. No. 99-83 continued: Section 3. The officers of the Municipality and of the Issuer are hereby authorized and directed to take all further actions which they consider to be necessary or desirable to carry out the provisions of this resolution. ADOPTED THIS 12th DAY OF DECEMBER, 1983. H ty . Nix, Mayor Mr. Jim Martin, District Manager of South Central Bell Tele- phone Company, came before the Council to propose that the City contract with South Central Bell to act as its Payment Agent. Mr. Martin advised that the local phone center and office would be closed as of 23 December. The City would be paid $1,000 per month to provide this service. The agreement would be for a 90-day trial period with a 30-day notice of cancellation thereafter. A question was raised as to insurance against liability should telephone monies be lost due to robbery, fire, etc. If City must provide such insurance, the cost of same can be negotiated between City and SCB. Councilman Ford introduced, and moved for the adoption of, the following resolution. Seconded by Councilman Box, motion passed unanimously: RESOLUTION NO. 100-83 BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE ALABAMA : 1. The Mayor is hereby authorized to execute an agreement with South Central Bell, for a term as described in said Agreement and for a sum as stated in said Agreement, to allow the City to act as Payment Agent for said South Central Bell. 2. Executed Agreement is to be placed in the files of the City Clerk. 3. Revenues from this agreement are to be placed in the General Funds of the Citv. ADOPTED THIS 12th DAY OF aga" City CJ,,brk 12 December 1983 532 1 Mr. James Austin requested a position on the Agenda to dis- cuss the Baldwin County form of government but was not present. Mr. Phil Calametti, Magnolia Bar & Grill, requested permission to stay open under the Alabama State Law closing hours. Mr. Calametti's bar is located within 200 feet of a residentially zoned area. After some discussion, Councilman White introduced an Ordinance to amend the City code so as to allow an establishment such as the Magnolia Bar & Grill to operate under the State Law even if located in the excepted zone by producing a petition or signed statement from surrounding property owners stating they have no objection to the longer hours of operation. Councilman.Box moved that a request for two reserved parking spaces on the corner of Magnolia Avenue at Section Street inter- section be denied. Seconded by Councilman White, motion passed unanimously. Supt. Phil Rutherford reported to Council that he had met with State Highway Department representatives on the request for signs indicating "downtown" at the Greeno Road-Fairhope Avenue inter- section. The Highway Department said they would place two signs only, for north & south traffic, showing the words "Down Town" with an arrow but they would not allow a sign over the street or a sign saying "Downtown Business District" at this intersection. Mr. Larry Merrihew, Chairman of the Fairhope Industrial Development Board, advised Council of the Board's efforts to have Fairhope declared a Prepared City. One of the requirements is to have an Industrial Park area to attract industry and the Board has such an area in mind. It is some 56 acres on County Road 32 next to the Municipal Airport and owner Mason McGowin has offered the Board a 12-month option to purchase. The charge for the option is only $1.00. Councilman Ford moved to approve the Board's actions and to commend them. Seconded by Councilman Box, motion passed unanimously. Councilman Box moved to pay bills as presented immediately upon receipt of funds. Seconded by Councilman Ford, motion passed unanimously. Meeting was duly adjourned. City Cl rk