HomeMy WebLinkAbout03-12-1984 Regular Meeting552
i
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 March 1984.
Present were Councilmembers Roy C. White, Trisha Nelson,
David E. Bishop, Michael A. Ford, and Barney L. Shull; City
Attorney James Reid and City Clerk Evelyn Phillips. Absent:
Mayor James P. Nix.
Mayor Pro Tem Roy C. White presided in the absence of Mayor
Nix. Mayor Pro Tem White stated that a quorum was present and
declared the meeting open for the transaction of business.
Minutes of the 27 February 1984 regular session were
duly approved.
Councilwoman Nelson advised that Mr. Fred Watkins a member
of the Fairhope Industrial Development Board, had moved out of
town and she would like to nominate Mr. John Beasley to fill
this unexpired term of 1981 to 1987 There being no further
nominations, Councilman Bishop moved the nominations be closed.
Seconded by Councilman Shull, motion passed unanimously. Mr.
Beasley is duly appointed to complete Mr. Watkins' term.
Mayor Pro Tem White stated that an application in writing
had been filed with the Council seeking authority to incorporate
a Medical Clinic Board, namely THE MEDICAL CLINIC BOARD OF THE
CITY OF FAIRHOPE-NORTH. (See page 5M of these minutes.) On a
motion, duly seconded and unanimously adopted, the Mayor Pro Tem
directed the City Clerk to mark the original application as
Exhibit "A" and to attach the said application to the minutes
of this meeting at the end of the said minutes and as a part
thereof.
Thereupon Councilman Shull introduced the following Resolution,
together with the preambles thereto, which was read to the meeting:
RESOLUTION NO. 109-84
A RESOLUTION GRANTING AN APPLICATION FOR AUTHORITY TO INCORPORATE
THE MEDICAL CLINIC BOARD OF THE CITY OF FAIRHOPE —NORTH
WHEREAS, Thad H. Ingram, Jr., Claude Puckett and J. Hillman Griggs
have filed with the Council of the City of Fairhope, an application
in writing signed by the said applicants for authority to incor-
porate under Act No. 516 adopted at the 1955 Regular Session of the
Legislature of Alabama, as amended, a public corporation to be
known as "THE MEDICAL CLINIC BOARD OF THE CITY OF FAIRHOPE-NORTH"
for the purpose of acquiring, owning, leasing and disposing of one
12 March 1984 553
RES. NO. 109-84 CONTINUED:
or more medical clinics and clinical facilities, each such
medical clinic to consist of and include any or all of the
following: Any one or more of buildings or facilities which
serve to promote the public health, either by providing places
for the diagnosis, treatment, or cure of sick or injured per-
sons or for research with respect to any of the foregoing,
including, without limiting the generality of the foregoing,
hospitals, sanitoria, nursing homes, offices for persons en-
gaged in the diagnosis or treatment of sick and injured per-
sons and buildings to house or service equipment used for the
diagnosis or treatment of sick or injured persons or the records
of such diagnosis or treatment or research with respect to any
of the foregoing; and such clinical facilities to consist of
and include any and all of the following: Real property for
the location or better utilization of a medical clinic, buildings,
parking areas, garages, storage facilities, out -buildings,
machinery, equipment, furniture and fixtures useful or desirable
in the operation of a medical clinic; and
WHEREAS, the Council has ascertained and found that each of
the aforesaid appliants is a natural person, a duly qualified
elector of the said City and an owner of property in the said
City; and
WHEREAS, the said Council of the said City has examined the said
application and has found that the same is regular in all respects
and conforms with the requirements of the laws of Alabama under
which the said public corporation is proposed to be organized,
and the said Council deems it wise, expedient, and necessary
that such a public corporation be formed; NOW, THEREFORE
BE IT RESOLVED by the Council of the City of Fairhope, Alabama,
as follows:
(1) The recitals set forth in the foregoing preambles are hereby
found and declared to be true and correct.
(2) It is hereby found and declared to be wise, expedient, and
necessary that such a public corporation as that referred to in
said application be formed; and that the said public corporation
be incorporated as contemplated by the said application.
(3) The said application is hereby allowed; and the persons who
signed and filed the said application are hereby authorized to
proceed to form the public corporation referred to in said
application, under the name THE MEDICAL CLINIC BOARD OF THE CITY
OF FAIRHOPE-NORTH, by executing and filing for record in the
Office of the Judge of Probate of Baldwin County, Alabama, a
certificate,of incorporation of the said public corporation, all
in the manner provided by the laws of Alabama under which said
corporation is proposed to be organized.
(4) This resolution shall be published one time in the EASTERN
SHORE COURIER, a newspaper having general circulation in the
said City, and the City Clerk is hereby authorized and directed
12 March 1984
554
RES. NO. 109-84 CONTINUED:
to cause such publication to be effected.
ADOPTED THIS 12th DAY OF MARCH, 1984.
Tem,
Authenticated:
o.
ad
City Cprk
of
, Alabama
Councilwoman Nelson moved the rules be suspended and unanimous
consent be given for immediate consideration of and action on
this resolution, which motion was seconded by Councilman Shull,
and upon the same being put to vote the following vote was
recorded:
AYES: Nelson
Shull
White
Bishop
Ford
NAYS: None
ABSTAIN: None
The Mayor Pro Tem declared that the motion for unanimous
consent for immediate consideration of and action on the
Resolution had been unanimously carried. Councilman Shull
then moved for final adoption of Resolution No. 109-84, which
motion was seconded by Councilman Bishop and upon the motion
being put to vote the following vote was recorded:
AYES: Nelson
Shull
White
Bishop
Ford
NAYS: None
ABSTAIN:None
The Mayor Pro Tem announced that the motion for final adoption
has been unanimously carried.
The Mayor Pro Tern stated that it was in order for the Council -
to consider the election of three persons to serve as members of
the Board of Directors of The Medical Clinic Board of the City
of Fairhope - North for two, four and six year terms, respectively.
12 March 1984
555
Thereupon Councilman Shull introduced the following
Resolution which was read to the meeting:
RESOLUTION NO. 110-84
BE IT RESOLVED by the Council of the City of Fairhope that
Thad H. Ingram, Jr., is hereby found and declared to be a
duly elected member of the Board of Directors of The Medical
Clinic Board of the City of Fairhope-North for a term of
office of two years, said term of office to end on the
second anniversary of the meeting at which this resolution
is adopted, and that said person.is not an officer of the
City on the date on which this resolution is aWeed.
ADOPTED THIS 12th DAY QP'PI, 1984
Councilwoman Nelson moved that the rules be suspended and
unanimous consent be given for immediate consideration of and
action on this resolution, which motion was seconded byouncilman
Bishop, and upon the same being put to vote the following was
recorded:
AYES: Nelson
Shull
White
Bishop
Ford
NAYS: None
ABSTAIN:None
The Mayor Pro Tem then declared that the motion for unanimous
consent for immediate consideration of and action on this
resolution had been unanimously carried. Councilman Shull
moved for final adoption of Resolution No. 110-84, which motion
was seconded by Councilwoman Nelson and upon the motion being
put to vote the following was recorded:
AYES: Nelson
Shull
White
Bishop
Ford
NAYS: None
ABSTAIN:None
The Mayor Pro Tem announced that the motion for final adoption
has been unanimously carried.
Thereupon Councilwoman Nelson introduced the following
resolution which was read to the meeting:
12 March 1984
556
RESOLUTION NO. 111-84
BE IT RESOLVED by the Council of the City of Fairhope that
Claude Puckett is hereby found and declared to be a duly
elected member of the Board of Directors of The Medical Clinic
Board of the City of Fairhope North for a term of four years,
said term of office to end on the fourth anniversary of the
meeting at which this resolution is adopted, and that said
person is not an officer of the City on the date on which
this resolution is adopted.
ADOPTED THIS 12th DAY
1
Councilman Shull moved that the rules be suspended and
unanimous consent be given for immediate consideration of and
action on the said resolution, which motion was seconded by
Councilman Bishop, and upon the same being put to vote the
following was recorded:
AYES: Nelson
Shull
White
Bishop
Ford
NAYS: None
ABSTAIN:None
The Mayor Pro Tem declared the motion for unanimous consent for
immediate consideration of and action on the said resolution had
been unanimously carried. Councilwoman Nelson thereupon moved
for final adoption of Resolution No. 111-84, which motion was
seconded by Councilman Ford and upon the motion being put to vote
the following was recorded:
AYES: Nelson
Shull
White
Bishop
Ford
NAYS: None
ABSTAIN:None
The Mayor Pro Tem announced that the motion for final adoption
has been unanimously carried.
Thereupon Councilwoman Nelson introduced the following
resolution which was read to the meeting:
12 March 1984
557
RESOLUTION NO. 112-84
BE IT RESOLVED by the Council of the City of Fairhope that
J. Hillman Griggs is hereby found and declared to be a duly
elected mxnber of the Board of Directors of The Medical Clinic
Board of the City of Fairhope-North for a term of six years,
said term of office to end on the sixth anniversary of the
meeting at which this resolution is adopted, and that said
person is not an officer of the City on the date on which this
Councilman Shull moved that the rules be suspended and
unanimous consent be given for immediate consideration of and
action on this resolution, which motion was seconded by Council-
man Bishop, and upon the same being put to vote the following
vote was recorded:
AYES: Nelson
Shull
White
Bishop
Ford
NAYS: None
ABSTAIN:None
The Mayor Pro Tem declared the motion for unanimous consent
for immediate consideration of and action on this resolution
had been unanimously carried. Councilman Bishop thereupon
moved for final adoption of Resolution No. 112-84, which -motion
was seconded by Councilwoman Nelson and upon the motion being
put to vote the following was recorded:
AYES: Nelson
Shull
White
Bishop
Ford
NAYS: None
ABSTAIN:None
The Mayor Pro Tem thereupon announced that the motion for final
adoption has been unanimously carried.
A letter from several residents on Pier and Pecan was read
which requested the Council to vacate an alley. The letter did
not state whether the undersigned property owners were or were
not all the property owners, and a map was not enclosed.
12 March 1984
558
Councilman Shull moved the request be denied at this time due
to insufficent information. Seconded by Councilman Ford,
motion passed unanimously.
A letter from Trinity Presbyterian Church was read which
requested permission to remove 5 trees located in an alley
along the Church parking lot. Mr. Wilson Hall, for the Church,
explained this action would allow them more access to parking
space. Several property owners were present to voice their
opposition to the tree removal. After much discussion, Council-
man Bishop moved to delay consideration of this request until
all the property owners could meet and negotiate their differences
and return to the Council with a recommendation. Seconded by
Councilman Ford, motion carried by the following vote: AYE -
Ford, Bishop, White. NAY - Nelson, Shull.
As requested at the last regular session, General Supt. Phil
Rutherford reported he had investigated the situation,brought
to the Council's attention by Mr. Thompson, in Richmond Square
regarding the unpaved section of Bon Secour Avenue. It is
Supt. Rutherford's recommendation that the section be left open
and the speed -break (bump) be left in place. Several property
owners were present. After much discussion, Councilwoman Nelson
moved to physically close this section of Bon Secour Avenue and
await public reaction, if any. It was explained that the only
way to legally close a dedicated street was by petition for
vacation signed by 1000 of all abutting property owners. Council-
man Ford seconded the motion. Motion was defeated by the following
vote: AYE - Nelson. NAY - Bishop, Shull, Ford, White.
Councilman Shull then moved to leave the unpaved section
open, leave the speed -break in place, but to make it as safe as
possible with grading, traffic signs such as "children -at -play",
"slow", "stop"....whatever signs Supt. Rutherford felt necessary.
Seconded by Councilman Bishop, motion passed unanimously.
Building Official Bob Lunsford reported to Council on bids
for doors to be used in the City Hall renovation. Unit price
bids were opened on February 29th,,the two bids received were
from:
Brabner & Holland
Underwood Building Supply
Councilman Bishop moved to accept the lower prices bid by
Brabner & Holland, as recommended by Mr. Lunsford. Seconded by
Councilwoman Nelson, motion passed unanimously.
Councilwoman Nelson moved to pay bills as presented. Seconded
by Councilman Shull, motion passed unanimously.
Meeting was duly adjourned.
�ra'V Pro Tem
559
a17' �r{�
APPLICATION FOR AUTHORITY TO
INCORPORATE A MEDICAL CLINIC BOARD
t
TO: THE COUNCIL OF THE CITY OF
FAIRHOPE, ALABAMA:
We, the undersigned natural persons, each of whom is a duly
qualified elector of the City of Fairhope, Alabama (herein called
the "municipality"), and a property owner in the municipality, do
hereby file with you as the governing body of the municipality
this application in writing, and do hereby make application, for
authority to incorporate a public corporation pursuant to the
provisions of Act No. 516 enacted at the 1955 Regular Session of
the Legislature of Alabama, as amended, (codified as §11-58-1 et
sea. of the Code of Alabama 1975, as amended) for the purpose of
acquiring, owning, leasing and disposing of one or more medical
clinics and clinical facilities, each such medical clinic to
consist of and include any or all of the following: Any one or
more of buildings or facilities which serve to promote the public
health, either by providing places for the diagnosis, treatment or
cure of sick or injured persons or for research with respect to
any of the foregoing, including, without limiting the generality
of the foregoing, hospitals, sanitoria, nursing homes, offices for
,. persons engaged in the diagnosis, treatment or cure of sick and
injured persons and buildings to house or service equipment used
for the diagnosis or treatment of sick or injured persons or the
records of such diagnosis or treatment or research with respect to
any of the foregoing; and such clinical facilities to consist of
and include any or all of the following: Real property for the
location or better utilization of a medical clinic, buildings,
parking areas, garages, storage facilities, out -buildings,
machinery, equipment, furniture and fixtures useful or desirable
in the operation of a medical clinic. We hereby request that this
application be granted and that a proper resolution be adopted by
you authorizing the incorporationn of such a public corporation
under the name "The Medical Clinic Board of the City of Fairhope -
North".
WITNESS our signatures this 12th day of March, 1984.
Tfiad H. gra .
au a Puc e
,F✓ Hillman Griggs