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HomeMy WebLinkAbout09-30-1991 Special Meeting1230 NOTICE AND CALL OF SPECIAL MEETING Notice is hereby given of a special meeting of the City Council of the City of Fairhope, Alabama, to be held at the Fairhope Municipal Complex on Monday, 30 September 1991, for the purpose of holding a public hearing on the issuance by the Volunteer Fire Department of their Series 1991 Capital Improvement Bonds, $315,000 aggregate principal; and to accept the streets and utilities in Leabrook Subdivision for maintenance. CONSENT TO HOLDING OF MEETING The undersigned members of the City Council of the City of Fairhope, Alabama, do hereby acknowledge service of the Notice and Call of Special Meeting hereinabove set forth and do hereby consent to the holding of such meeting at such time and in such place and for the purpose set forth therein. Councilmembers Bishop and Ford were out of town. O City Clerk 1231 STATE OF ALABAMA Z COUNTY OF BALDWIN Z The City Council, City of Fairhope, met in special session at 5:30 pm; Fairhope Municipal Complex Council Chamber; 161 North Section Street; Fairhope, Alabama 36532; on Monday, 30 September 1991. Present were Mayor James P. Nix; Councilmembers Roy C. White, Jeanette Puckett, and John V. Duck; and City Clerk Evelyn P. Phillips. Councilmembers David E. Bishop and Michael A. Ford, and City Attorney Marion E. Wynne were absent. The purpose of this meeting is to hold a public hearing, as advertised, to allow the public to express views orally or in writing as to the proposed issuance by the Fairhope Volun- teer Fire Department of its Series 1991 Capital Improvement Bonds not to exceed #315,000 aggregate principal; and to con- sider a proposed resolution accepting the streets and utilities in Lea Brook Subdivision, Unit IV, for maintenance. There being a quorum present, Mayor Nix opened the public hearing. No one present offered any comments. Ms. Phillips reported no written comments received. Several members of the Fire Department, including Chief Tim Kant, were present and Mr. Fred Simpler, Jr., of Sirote & Permutt, Montgomery, Fire Department Bond Attorneys, was also present. It was explained the bonds are for the purpose of financing a portion of the costs of constructing certain additions and improvements to the Fire Department's facilities and for con- structing a training facility. This meeting is for the Council to consider entering into an agreement with the Fairhope Volunteer Fire Department for the provision of fire services in the City and to agree that the City will not compete with the FVFD except under certain conditions. Councilman Duck introduced the following written Resolution: (Resolution No. 349-91 on next page....) 30 September 1991 1232 RESOLUTION NO. 349-91 A RESOLUTION AUTHORIZING AND APPROVING THE EXECUTION OF A CONTRACT FOR THE PROVISION OF FIRE SERVICES IN THE CITY BETWEEN THE CITY AND THE FAIRHOPE VOLUNTEER FIRE DEPARTMENT, PROVIDING THAT THE CITY WILL NOT COMPETE WITH THE FAIRHOPE VOLUNTEER FIRE DEPARTMENT EXCEPT UNDER THE CONDITIONS AS PRESCRIBED IN THE RESOLUTION, AND OTHER MATTERS RELATING THERETO. BE IT RESOLVED, by the City Council (herein called the "Council") of Fairhope, Alabama (herein called the "City"), as follows: Section 1. The City and the Fairhope Volunteer Fire Department ("FVFD") have heretofore agreed for FVFD to provide fire protection services within the jurisdiction of the City; and WHEREAS, the City desires to enter into a written agreement (the "Contract"), wherein the FVFD will be required to provide such fire protection services on behalf of the City, also wherein the City will agree, among other things, not to establish the same or similar fire service in competition with FVFD unless it expressly assumes liability for FVFD's Tax and Revenue Bonds, Series 1991, (the "Series 1991 Bonds"), issued by FVFD for the purpose of expanding FVFD's ability to provide such fire protection service on behalf of the City. Section 2. The City hereby authorizes and approves the execution and delivery of the Contract between the City and FVFD. The Mayor is hereby authorized to execute the Contract, and the Clerk is authorized to attest such signature and to affix the seal of the City to such contract. ADOPTED THIS 30th DAY OF SEPTEMBER, 1991. 1 Jame P. Nix, Mayor Attest City C11Ark It was moved by Councilman White that all rules and regulations which, unless suspended, would prevent the immediate consideration and adoption of the said resolution be suspended and that unan- imous consent to the immediate consideration and adoption of the said resolution be given. The motion was duly seconded by Councilwoman Puckett and on roll call was unanimously adopted, those answering aye being: Nix, White, Puckett, and Duck. Mayor Nix declared the motion unanimously carried and adopted. After the said resolution had been discussed and considered in full by the members of the City Council, it was moved by Councilman Duck that the said resolution be now placed upon its final passage and adopted. The said motion was duly seconded 30 September 1991 1233 by Councilwoman Puckett. The question being put as to the adoption of said motion and the final passage of the said re- solution, the roll was called with the following results: AYE - Nix, White, Puckett, Duck. NAY - none. Mayor Nix declared the motion unanimously carried and the said resolution passed and adopted as introduced and read, and the Mayor signed the same in approval thereof. Councilman White introduced in writing, and moved for the adoption of, the following resolution. Seconded by Councilman Duck, motion passed unanimously: RESOLUTION NO. 350-91 WHEREAS, the owners of LeaBrook Subdivision, Unit IV, are desirous of having streets and utilities therein accepted for maintenance by the City Council in order that building permits may lawfully be issued; and WHEREAS, the General Superintendent of the City represents that the physical 1 improvements in the nature of streets, drainage and utilities have been installed in substantial conformity with City requirements; and WHEREAS, the Building/Zoning Officer of the City represents that he has received Engineers Certified As -built Plans, test reports and lateral locations as required by Chapter 19, Fairhope Code of Ordinances; and WHEREAS, extenuating circumstances exist which require the owners to begin residential construction with all haste; NOW, THEREFORE BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, That the streets and utilities within LeaBrook Subdivision, Unit IV, be accepted for maintenance and that such acceptance shall occur and shall be effective simultaneously with the receipt of required two-year Maintenance Bond by the City Clerk of the City of Fairhope, Alabama. ADOPTED THIS 30th DAY OF SEPTEMBER, 1991. 'e t mes Nix, Mayor Attest ro lirty C71r! Meeting was duly adjourned at 5:32 pm. Jam s Y. Nix, Mayor (? (WJ't--'C ty c 1pr