HomeMy WebLinkAbout11-09-1987 Regular MeetingMDR
STATE OF ALABAMA X
COUNTY OF BALDWIN X
The City Council, City of Fairhope, met in regular session
at 5:30, pm; Fairhope Municipal Complex Council Chamber;
161 North Section Street; Fairhope, Alabama 36532; on
Monday, 9 November 1987.
Present were Mayor James P. Nix; Councilmembers Roy C.
White, Jeanette Puckett, David E. Bishop, Michael A. Ford,
and Barney L. Shull; City Attorney James Reid and City
Clerk Evelyn Phillips. No one was absent.
There being a quorum present, Mayor Nix called the meeting
to order. Minutes of the 26 October regular session and the
4 November 1987 special session were duly approved.
Council reviewed an application for a Wine On/Off Premises
License by Allen Johnson, dba NEW CLUB DELESIA, located on
Young Street. No one present was opposed to the license.
There was police approval. Councilman Ford moved to approve
the license. Seconded by Councilman Shull, motion passed
unanimously.
Councilman White introduced, and moved for the adoption of,
the following resolution. Seconded by Councilman Shull,
motion passed unanimously by the following vote: AYE - White,
Puckett, Nix, Bishop, Ford, Shull. NAY - none ABSTAIN - none;
(Resolution No. 237-87 on following page.)
9 November 1987
RESOLUTION NO. 237-87
WHEREAS, the Council of the City of Fairhope, Alabama,
(herein called the "Council") has been informed by the
Special Care Facilities Financing Authority of the City
of Daphne -Villa Mercy (herein called the "Daphne
Authority") that Mercy Medical, an Alabama not -for -profit
corporation operating facilities in the City of Daphne
(hereinafter sometimes referred to as "Mercy Medical"),
has requested consideration of a bond issue by the Daphne
Authority in the amount of not to exceed $4,500,000 for
various qualifying purposes pursuant to Title 11, Chapter 62,
of the Code of Alabama, 19751 as amended; and
WHEREAS, a portion of the project of Mercy Medical consists
of -the funding of the purchase price of.a project known as
the 'Birches" from The Birches, an Alabama Partnership, for
an approximate purchase price of $2,300,000. The Birches
is a retirement facility located within the city boundaries
of the City of Fairhope, Alabama, the legal description of
which is attached hereto as Exhibit A; and
WHEREAS, the project of Mercy Medical also includes certain
improvements to its facilities located in the City of Daphne
and the refinancing of certain bonds heretofore issued by
the Daphne Authority for qualifying purposes for projects of
Mercy Medical located in Daphne, Alabama; and
WHEREAS, Mercy Medical has advised the Daphne Authority and
the Council that consolidation of all of the funding of the
various projects to be funded into a single bond issue issued
by the Daphne Authority would greatly facilitate and ease the
complexity of the proposed financing; and
WHEREAS, Title 11, Chapter 62, of the Code of Alabama, 1975, as
amended, provides in Section 11-62-1(8) that the Daphne Autho-
rity may finance a facility located within the corporate limits
of a municipality other than the determining municipality only
if the municipality other than the determining municipality shall
so approve by resolution duly adopted by the governing body of
such other municipality consenting to the actions in respect of
such facility proposed to be taken by such authority; and
WHEREAS, the City of Fairhope, Alabama, has been requested to
so consent in order to accomplish the public purposes to be
served by the proposed bond issue by the Daphne Authority; NOW,
THEREFORE, BE IT RESOLVED that the City of Fairhope does hereby
consent to the financing by the Daphne Authority of the cost to
be incurred by Mercy Medical in acquiring the Birches and all
costs with respect thereto and/or the improvement thereof as
determined by Mercy Medical and the Daphne Authority.
As an independent covenant and not as a condition to the fore-
going consent, the Daphne Authority and Mercy Medical shall
prepare and record a covenant running with the land described
on the attached Exhibit A which shall require that so long as
9 November 1987 891
Res. No. 237-87 continued:
the bonds issued to so finance the acquisition and/or
improvement of the Birches shall be and remain outstanding,
the facilities so financed shall be used only for facilities
qualifying under Section 11-62-1(8) of the Code of Alabama,
1975, as amended. Such covenant shall be specifically
enforceable, but violation shall not be deemed to cause rever-
sion. In the event of a violation of the covenant, the City
of Fairhope, Alabama, reserves the right to impose ad valorem
taxation on the property known as the Birches in accordance
with the laws of the State of Alabama should such use for
purposes other than as set forth in Section 11-62-1(8) of
the Code of Alabama, 1975, as amended, constitute use otherwise
subject to ad valorem taxation under the said laws of the
State of Alabama.
ADOPTED THIS 9th DAY OF NOVEMBER, 1987.
70• ^
s P. Nix, Mayor
City C1 rk
Councilwoman Puckett introduced, and moved for the
adoption of, the following resolution. Seconded by
Councilman White, motion passed unanimously:
RESOLUTION NO. 238-87
BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE,
ALABAMA, That Mayor James P. Nix is hereby authorized to
execute an easement deed between the City and ROHR AERO SERVICES,
INC., allowing Rohr to purchase a 10-foot strip across the west
end of City property at the Municipal Airport, more properly
described in said deed, for the purpose of constructing and
maintaining a septic tank connector line and allowing ingress
and egress thereto; property, in all, containing 2.42 acres
and being situated within the boundaries of Fairhope Municipal
Airport, Section 4, T7S, R2E, Baldwin County, Alabama.
ADOPTED THIS 9th DAY OF NOVEMBER, 1987.
Jame P. Nix, Mayor
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City C r
9 November 1987
d
Councilman Shull introduced, and moved for the adoption of,
the following resolution. Seconded by Councilman Bishop,
motion passed unanimously:
RESOLUTION NO. 239-87
BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE
THAT THE FOLLOWING 1987 HOLIDAYS WILL BE OBSERVED BY ALL
CITY PERSONNEL EXCEPT EMERGENCY EMPLOYEES:
THANKSGIVING - THURSDAY & FRIDAY, NOVEMBER 26 & 27
CHRISTMAS - THURSDAY & FRIDAY, DECEMBER 24 $ 25
ADOPTED THIS 9th DAY OF NOVEMBER, 1987.
Council discussed and took action as follows"on the following
bids:
USED TRASH TRUCK
Only one bid received: Truck Equipment Sales, Inc.
Mobile, Alabama.. ........$5,500.00 ,
(FOB Theodore, Al.)
(1978 IH Chassis with 18-yd E2 Refuse Pak Body.)
It is recommended we accept this bid. Tim Kant, Street Dept.
Councilman Bishop moved to accept the above bid. Seconded
by Councilwoman Puckett, motion passed unanimously.
SMALL RTTLT.DOZF.R FOR STRF.FT DFPT_
Vendor Type Cost Delivery
Tractor & Equip
Mobile Komatsu D31E (new) $43,814.00 7 days
Thompson Tractor
Mobile Cat D4H (used) $41,627.81 In stock
No Bids received from: Bi-State Equipment of Birmingham, Port City
Tractor, Mobile; Beard Equipment, Pensacola; and Ingram Equipment,
Birmingham.
Recommend accept low bid from Thompson Tractor Co.
Tim Kant, Street Dept.
9 November 1987 893
Mr. Tripp Pitman, Sales representative for Tractor and
Equipment Company,was given permission to address the
Council before they took final action on these bids.
Mr. Pitman advised that his bulldozer, the Komatsu, was
slightly smaller than the Caterpillar D4H but was new
and could handle the job for the street department.
He also advised several bids made by the Caterpillar people
recently showed that the present bid was very high for
a used piece of equipment. After some discussion, Mayor Nix
appointed a committee (Phil Rutherford, Tim Kant, Wayne
Smith, and Councilman White) to investigate and report
their findings on the bids under consideration before final
action is taken. Councilman White moved to table the bids
until the committee can make a report. Seconded by Councilman
Shull, motion passed unanimously.
Council discussed a traffic study made over the past
several months as a result from a citizens request to have
a traffic light installed at the intersection of Magnolia
Avenue and North Church Street. The study indicated,and
the report recommended,that the intersection traffic did
not warrant the installation of a traffic light. So moved
by Councilman White. Seconded by Councilman Shull, motion
passed unanimously.
Councilwoman Puckett moved to pay bills as presented.
Seconded by Councilman Shull, motion passed unanimously.
Meeting was duly adjourned at 5:48 pm.
Ja es P. Nlx, Mayor
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