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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