HomeMy WebLinkAbout10-25-1950 Regular MeetingSTATE OF ALABAMA
COUNTY OF BALDWIN
The Board of Directors of the Waterworks and Sewerage
Board of the City of Fairhope met in regular session
at the City Hall on Wednesday, October 25, 1950 with
the following members present: R. Roy Moyers, L. A.
Berglin Sr., Arthur Mannich, Marie Moore and City
Superintendent C. B. Niemeyer.
The minutes of the previous meeting were read
and approved as read.
Motion by Mr. Mannich seconded by Mr. Berglin
thatthe Waterworks and Sewerage Board hold regular
meetings on the second Wednesday of each month at
7:30 P.M. at the City Hall. Motion carried.
Motion by Mr. Berglin seconded by Mr. Mannich
that the following bills be approved for payment:
Gaston Motor Co.
$ 2.30
Ruffles -Co., Inc.
17.57
Poser Printing Co.
7.14
Ruge's Service Station
1.25
Badger Meter Co.
12.07
Standard Equipment Co.
242.18
May Supply Co.
8.32
Ponder Co.
.50
McKean Paint & Hdwe.
1.12
Calgon, Inc.
76.25
Fisher Governor Co.
3.70
General Electric
9.65
Hardware Mutuals
53.70
0. Forster and Sons
20.50
Motion by Mr. Berglin seconded by Mr. Mannich
that the following resolutions be adopted: Motion
carried
AGREEMENT
The undersigned, Secretary of State of the Statf, of Alabama:
acting by and under authority of Act No, 48, Fifth Special Session9 1950,
approved November 1, 1950, and a duly adopted X
lution of the Advisory
Board, and the %IlAd
�
an instrumentality of
sometimes hereinafter called the 11inst
ality," fn order to extend
to employees of said iistrumentality (except such as hereinafter excluded)
and to their dependents and survivors, the basic protection accorded to
others by the Old -Age and Survivors Insurance system established by Title
II of the Social Security Act, as amended (Public Law 734 (H.R. 6000) -
81st Congress), as authorized by Act No, 48, Fifth Special Session, 19503
approved November 1, 1950, hereby agree as follows:
1. Definitions:
For the purpose of this agreement -
(a) The term "employee" means an employee as defined in
Section 210(k)(2) of the Social Security Act, and shall include an officer
of the instrumentality.
(b) The term t'retirement systems' means a pension, annuity,
retirement, or similar fund or system established by the State of Alabama
ox by an instrumentality thereof.
(c) The term "State Agency" means the Secretary of State of
the ^fate of Alabama and the Advisory Board provided for in Act No. 48,
Fifth Special Session, 1950, to -wit, one member being a state official or
employee appointed by the Governor, two members being county officials or
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employees appointed by the Governor from nominations made by the
executive authority of the Association of Probate Judges and County
Commissioners; and two members boing municipal officials or employees
appointed by the Governor from nominations made by the executive authority
of the Alabama League of Municipalities.
2. Services covered:
This agreement includes and covers all services performed by
individuals as employees of the instrumentality., except:
(a) Any service performed by an employee in a position, which,
on the effective date of this agreement., is covered by a retirement
system.
(b) Services performed by an employee who is employed to re-
lieve him from unemployment,
(c) Services performed in a hos ital., home, or other institution
by an inmate thereof.
(d) Covered transportation service (as defined in Section
210(1) of the Social Security Act, as amended).
(e) Service (other than agricultural labor or service performed
by a student) which is excluded from employment by any provision of
Section 210(a) of the Social Security Act, as amended, other than
paragraph 8 of said section.
(f) aiiployees in the classification or classifications as
i-i�.icated and designated in the Appendix attached thereto.
3. Contributions by employees of the instrumentality:
The instrumentality agrees to impose upon its employees, as to
seitij.ces covered by this agreement., a contribution with respect to wages
(as defined in Section 2 of said.Act No. 48, Fifth Special Session, 1950).,
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Not exceeding the amount of tax which would be imposed by Section 1400 of
the Federal Insurance Contributions Act if such services constituted
employment within:t-1-p meaning of that Act, and to deduct the amount of
such contribution from the wages as and when paid. (bntributions so
collected shall be paid into the "Contribution Fund" in the State
Treasury (created by Section 6 of said Act No. 48, Fifth Special Session,
1950) in partial discharge of the liability of said instrumentality under
subsection (c) of Section 5 of said Act No. 48, Fifth Special Session,
1950, said payments to the Contribution Fund to be ,made in accordance with
.rules and regulations of the State Agency for Administration of Social
Security Act. It is agreed and understood that the failure of said
instrumentality to deduct such contributions shall not relieve it of
liability therefore It is further understood and agreed that delinquent
payments due to said Contribution Fund bear interest at the rate of six per
centum (6%) goer annum, and that same may be recovered by proper court
action against the instrumentality,
4, Contributions by the instrumentality;
(a) The instrumentality represents that it has duly and legally
adopted, and that there now appears in its records, a resolution (a
certified copy of which is hereto attached) pledging from funds available
for salaries, wages, or perso.jibl compensation in its funds, sums which shall
be fully sufficient when added to the sums withheld as contributions from
tnr. salaries, wages, or compensation for personal services performed by
e2,�.Y; 1�)ees thereof covered by this agreement, to equal the total amount due
f:_cm Sa':ri :_nstrumentality to said Contribution Fund (employers► and
eni�;:i."yes; contributions) under applicable provisions of said Act No. 48,
F,.',.t . ,_ ,,c�.al Session, 1950, and if said Title II of the Social Security
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Act, as amended.
(b) As assurance of its ability to pay its share of the
contributions which will become due and payable to the State Agency
under the terms of this agreement, and as assurance that said contri-
butions will be adequate, the undersigned instrumentality hereby
obligates itself and represents that at all times hereafter there will
be maintained in said funds for salaries, wages, or compensation, a sum
fully sufficient to pay its share of the contribution due to the Contri-
bution Fund; and that namo (together with contributions deducted from
salaries, wages, etc., of employees) will be paid promptly when due,
under rules and regulations of said State Agency.
5. Reports - compliance with regulations:
The instrumentality agrees that it will make such reports, in
such form and containing such information, as the State Agency may from
time to time re(:pi.re; and that it will comply with such provisions as
said State Agency or the Social Security Administrator may from time to
time find necessary to assure the correctness and verification of such
reports. The instrumentality further agrees that it will comply with
all regulations adopted and promulgated by the State Agency as necessary
to carry out the pruposes of said Act No. 48, Fifth Special Session, 1950.
and of Section 218 of the Social Security Act, as amended.
6. Termination:
The State Agency is authorized to terminate this agreement in
it-s c 'direty, if it finds that there has been a failure to comply
substantially with any provision contained in this agreement, such
termination to take effect at the expiration of such notice and on
such conditions as may be provided by regulations of the State Agency
and be consistent with applicable provisions off' the Social Security
.4,J'- V
Act, and amendments thereto.
This agreement shall be effective �8 of-11�`'
1951.
STATE AGENCY FOR ADMIFISTILITION
OF SOCIAL SECURITY ACT.
w5�,
r
BE IT RESOLVED by
of The Water Works and
City of Fairhope that
board of directors is
and directed to execut
name of and in behalf
an agreement with the
-substantially the foll
agreement the secretar
is authorized and dire
attest the seal of thi
the Board of Directors
Sewer Board of the
the chairman of said
hereby authorized
e and deliver, in the
of this corporation,
City of—Fairhope, in
owing form, to which
y of this corporation
cted to affix and
s corporation:
AGREEMENT between the CITY OF FAIRHOPE, a municipal
corporation under the laws of Alabama (herein called "the city"),
and THE WATER WORKS AND SEWER BOARD OF THE CITY OF FAIRHOPE, a
public corporation under the laws of Alabama (herein called "the
board");
N TNESSFTB
In consideration of the respective agreements herein
contained, the parties do hereby agree one with the other as
follows:
(1) The city does hereby assign to the board that
certain agreement between Harbert Construction Corporation
and the city dated June 5, 1950, providing for construction
of sanitary sewers.
(2) The board hereby assumes and agrees to _perform
all the obligations on the part of the city under the agreement
described in the foregoing paragraph (1).
IN WITNESS WHEREOF, the parties have caused this
agreement to be executed in their corporate names and their
respective corporate seals to be hereto affixed and attested
by their duly authorized officers, in two counterparts, each
of which shall be deemed an original, this 1'� day of
4� 1950•
Attest:
City Clerk
ttest:
Secr tart'
CITY 0 AIRHOPE
By =L� LV���
THE WATER WORKS AND SEWER BOARD
OF THE —CITY OF FAIRHOPE
By 7 /%?111 ��
Chairman of its B6ard of
Directors
3F IT RESOLV,M by the r3oard of Nrectors
of The Water Works and Sewer -.)oard ot the
City of Fairhope that the chairman of said
bo-Ard of directors is h�:reby at-Ahorized
and directed to execute and deliver, in the
name of :nd' In biF;hi-ilf of .:hi z corporation,
an agreement with the City of Fairhope, in
substantially the foilowing , form, to which
a6reement the secretary o-f this torpor-,tton
13 authorized and directed to affix and
--Atest the seal of tl-lis corporation:
AGREEMENT between the CITY OF FAIRHOPE, a municipal
corporation under the laws of Alabama (herein called "the city"),
and THE WATER WORKS AND SEWER BOARD OF THE CITY OF FAIRHOPE, a
public corporation under the laws of Alabama (herein called "the
board");
]gI I X E S S E T H
In consideration of the respective agreements herein
contained, the parties do hereby agree one with the other as
follows:
(1) The city does hereby assign to the board that
certain agreement between J. E. Woolley and the city dated
June 5, 1950, providing for construction of a sewage disposal
plant.
(2) The board hereby assumes and agrees to perform
all the obligations on the part of the city under the agreement
described in the foregoing paragraph (1).
IN WITNESS WHEREOF, the parties have caused this
agreement to be executed in their corporate names and their
respective corporate seals to be hereto affixed and attested
by their duly authorized officers, in two counterparts, each
of which shall be deemed an original, this gic day of
1950•
Attest:
r
City Clerk
Attest:
Secr tary ,_
z
CITY OF FAIRHOPE
By %,
THE WATER WORKS AND SEWER BOARD
OF THE CITY OF FAIRHOPE
By
C airman of its Bdard of
Directors
It was duly moved and seconded that the meeting
adjourn. Motion carried.
Approved
Chairman of the Board -
Attest:
Secr tart' and Tbeasurer