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HomeMy WebLinkAbout12-23-1985 Regular Meeting714 STATE OF ALABAMA COUNTY OF BALD IN The City Council, City of Fairhopc, met in regular session at 5:30, P.M., Fairhope Municipal Complex Council Chamber, 161 North Section Street, Fa1rhope, Alabama 36532, on Monday, 23 December 1985. Present 'were')"layor James P. Nix; Councilmembers Roy C. White, David E. Bishop, Michael A. Ford, and Barney L. Shull; City Attorney James Reid and City Clerk I'velyn Phillips. Council- woman Trisha Nelson arrived late, as -.indicated in the following minutes. There being a quorum present, Mayor Nix called the meeting to order. Minutes of the 16 December 1985 regular session were duly approved. Councilman Shull moved for the Final Adoption of Ordinance No. 761, an ordinance to authorize the sale of a small. parcel of land to Garet and Mary Van Antwerp. Seconded by Councilman White, motion carried by the following vote, AYE -Shull., White, Bishop, Nix. Nay -none. ABSTAIN -Ford. (Councilwoman Nelson arrives.) Tho Mayor presented a proposed Power Sales Contract between the City and Alabama Municipal Electric Authority (the "Authority"). The document was considered and discussed by the members of the City Council. Thereupon, the following Resolution was introduced in writing by Councilman Bishop and read in full by the City Clerk: RESOTITHON NO. 176-85 BE IT RESOINTD BY T11E CI` Y COUNCIL OF 11-1 CI" Y OF FAIRHOPE (the "City") as follows: 1. A copy of the Power Sales Contract (the "Contract") between the City and Alabama Municipal Fjcctric Authority (the "Authority") considered by the members of the City Council of the City is hereby ordered inserted in the minutes of the meeting at which this Re- solution is adopted at the end thereof. 2. The City Council does hereby find and determine that it is in the best interest of the City to enter into the Contract with the Authority. 3. The City Council does hereby adopt and approve the Contract, with those changes and additions thereto and deletions therefrom as the Mayor of the City shall. approve, which approval shall be conclusively evidenced by his signing the same as hereinafter provided. 23 December 1985 715 Resolution No. 1.76-85 continued: 4. The Mayor is hereby authorized and directed to sign the Contract in the name and on behalf of the City, and the City Clerk is hereby authorized and directed to affix thereto the official seal of the City and to attest the same. The Mayor is hereby authorized and directed to acknowledge execution of the Contract in the form prescribed therein and to deliver the Contract to the Authority. 5. The officers of the City and each of them are hereby autho- rized and directed to take all. action necessary or desi-rabIe to carry out the provisions of this Resolution and the Contract. 6. The provisions of this Rcsolution shall take effect immediately upon its adoption. AWPTE'D BY T�E CITY COINCIL OF 11 1E CM OF FjUR1 10PE, AL&BAIVDk, . cCn this 23rd Day of Docombor, 1985. - or*,, Jaunes P. Nix, INTayor X1 ST Ca.ty C Councilman Shull moved that all -rules and regulations which, unless suspended, would prevent the immediate consideration and adoption of the foregoing Resolution be suspended and that unanimous consent to the immediate consideration of the reso- lution be given. Seconded by Councilman F'ord, motion passed unanimously by the following vote: AYE- Shull, Ford, Nix, Bishop, White., and Nelson. NAY - none. Mayor Nix declared the motion carried. Thereupon, Councilman Bishop moved that the Resolution be adopted as written. Seconded by Councilman White, motion carried by the following vote: AYE - Shull, Ford, Nix, Bishop, White, and Nelson. NAY - none. The Mayor there- upon declared that the motion for adoption had boon carried. Councilwoman Nelson moved to hear the following business not on the Agenda. Seconded by Councilman Shull., motion passed unanimously: Councilman White introduced, and moved for the adoption of, the following Resolution. Seconded by Councilwoman Nelson, motion passed unanimously: 23 December 1985 716 RESOLUTION NO. 177-85 h11RrAS, the original plat of Volanta Subdivision in the City of Fairhope, Baldwin CoLuity, Alabama, was recorded on August 25, 1914, in Miscellaneous Book 1, at page 34'.] , of the records in the office of the Judge of Probate of Baldwin County, Alabama.; and WERF-NS, a railroad right-of-way appears on the face of said plat, traversing the northeastern portion of Block 18 of said Volanta Subdivision and which said railroad right-of-way is referred to as MOBILE AND BALDWIN COLJKFY IRAILROjT; and hHEREAS, Mary 11. Van Antwerp has purchased real property in said Block 18, Volanta Subdivision, over which the said railroad right- of-way purports to exist; and 1qE-REXS, the same Mary 11. Van Antwerp has -requested that the City of Fairhope pass this resolution disclaiming any interest in and to the said MOBILE XND BALDIKIN C01U.NqY RAILROAD right-of-way: NOW, UIEREFORE, W" IT RESOTATT BY TILE MAYOR AND COUNCIL OF THE CITY OF FAIPliOP.E, AfABAMA, in consideration of the prcinises, the City of Fairhopc, a municipal corporation, created and existing under the laws of the State of Alabama, acting by and through its duly authorized representatives, does hereby remise, release, and disclaim any interest, direct or indirect, which it may have in and to that certain right-of-way depicted as the MOBILE AND BALDWIN COINI'Y RAILROAD right-of-way, traversing Block 18 of Volanta Sub- division, as recorded in Miscellaneous Book 1, at page 341, of the records in the office of the Judge of Probate of Baldwin County, Alabama. IN WITNESS IN11REOF, this instrument is executed for and on behalf of the City of Fairhopc by its Mayor and is attested to by its Itmicipal Clerk, its officers thereunto duly empowered by the authority and the direction of its council, on this the 23rd, Day of December, 1985. ,Jain P. ix. Mayor A ST Evelyn Phillips, 024C City Evelyn Councilman Ford moved to extend the letter of credit on the house at 304 Morphy Avenue as requested by the Building Official. Seconded by Councilman Shull, motion passed unanimously. Meeting was duly adjourned. C� Ms P. Nix, Mayor City Clerk ork I