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HomeMy WebLinkAbout06-10-1953 Regular MeetingM STATE OF ALABAMA County of Baldwin The Water and Sewer Board of the City of Fairhope met in regular session at the City Hall, Wednesday, June 10, 1953 with the following members present: Acting City Manager E. C. Macon, Chairman R. Roy Moyers, Arthur Mannich, and L. A. Berglin, Sr., The minutes of the previous regular meeting were read and approved as read. Motion by Mr. Berglin seconded by Mr. Mannich that the following bills be approved for payment: Standard Equipment Company 144.02 Ponder Company 6.07 Moore -Handley Hardware 48.38 M & S Service Station 18.60 Gaston Motor Co. 3.68 Fairbanks -Morse and Co. 1,199.66 Wittichen Chemical Company 17.25 Western Auto Store 14.05 W. L. Walker 3.00 Fairhope Hardware and Supply Co. 2.85 Davis Meter Repair 34.00 Turner Supply Co. 381.36 0. Forster and Sons 20.00 Gas Department 700.12 Pay Roll: George Dyson 200.00 Weeklmy Pay Roll: 932.3 5 Dr. C. A. Gaston of the Single Tax Corporation met with the Water Board in regards to running water line in the new sub-dilrision at Magnolia Beach. It was agreed that the Single Tax Corporation would buy and install 2" pipe and would salvage same when line was replaced by the City. It was duly moved and seconded that the meeting adjourn. Motion carried. Approved A! C airman _2��Attest: Secrietary and Tr asurer THIS AGREEMENT, made and entered into this the day of , 1953, between SPANISH FORT ESTATES, INC., an Alabama corporation, hereinafter referred to as "Fort", OLD SPANISH FORT, INC., an Alabama corporation, hereinafter referred`to as the "Company", and CITY OF FAIRHOPE, ALABAMA, a Municipal corporation, hereinafter referred to as the "City", W I T N E S S E T H: IWMREAS, Fort is the owner of all but seven lots in the residential subdivision in Baldwin County, Alabama known as Spanish Fort Estates and shown on the plat of Spanish Fort Estates recorded in the office of the Judge of Probate of Baldwin County, Alabama, in Map Book 3, pages 50 and 51, and is also the owner of the water mains located in said Spanish Fort Estates; and WHEREAS, Fort is now selling lots in said subdivision and is desirous of having water furnished to the inhabitants of the said subdivision upon the same terms and conditions and at the same rates as water is furnished to the inhabi- tants of the Town of Fairhope, except that the minimum charge for service furnished under this agreement shall be $2.00 a month for each domestic customer and the connect- ing charge shall be $40.00 for each domestic customer consisting of extension from the mains to the property lines, now being furnished with water, and to that end is willing to convey said water mains to the City upon condition that the City will maintain and use the same for the sole purposes of furnishing water to the inhabitants of said subdivision and will furnish water to said inhabi- tants; and WHEREAS, the Company has a well and pump having a rated capacity of 9,000 gallons per hour located on property adjoining said subdivision and is willing to furnish water to the City for resale by the City to the inhabi- tants of said subdivision; and WHEREAS, the City is'willing to accept said conveyance and to undertake to furnish water to the inhabitants of said subdivision upon and subject to the terms and condi- tions in this agreement contained, NOW, THEREFORE, in consideration of the premises and the sum of TWENTY-FIVE DOLLARS ($25.00) cash in hand paid by the City to Fort, and in further consideration of the mutual covenants and agreements herein contained being kept and performed, the parties hereto do covenant and agree, each with the other, as follows: 1. Fort does hereby grant, bargain, sell and convey unto the City,, its successors and assigns, upon and subject to the terms, conditions and reservations hereinafter con- tained, the water mains and connections located in said subdivision and the water main extending from said sub- division to the point of connection with the main extend= ing from the Company's well to its tourist court, together with the right and easement to lay, maintain, repair, replace and restore said mains and connections in their - 2 - 4 . 4 . 4 0 present location, and the right to go over and upon the streets.and alleys of said subdivision for the purpose of laying, maintaining, repairing, replacing and restoring said mains. 2. The Company hereby grants unto the City, its successors and assigns, the right and easement to lay, maintain, repair, replace and restore in its present location, the water main extending from said subdivision to the point of connection with the main connecting the Company's well with its. tourist court, together with the right to go over and upon the property of the Company for the purpose of laying, maintaining, repairing, replacing and restoring said water main. 3. The City agrees that it will, for a period of thirty (30) years from the date hereof, but in no event beyond the period the City shall be in legal existence and authorized to operate, furnish water to all of the inhabitants of said subdivision desiring the same, upon the same terms and conditions and at the same rate or cost as it furnishes water to the inhabitants of the Town of Fairhope to whom it is now furnishing water, except that the minimum charge for service furnished under this agreement shall be $2.00 a month for each domestic customer and the connecting charge shall be $40.00 for each domestic customer consisting of exten- sion from the mains to the property lines, and that it will at its cost and expense maintain said mains and connections in good and proper condition and use the • same solely for the purpose of supplying the inhabitants of said subdivision with water, PROVIDED, HOWEVER, that there shall be no obligation on the part of the City to 3 .. a s ' f furnish said inhabitants with water in the event of the failure of the Company to fulfill its obligation here- under to furnish the City with water, and PROVIDED, HOWEVER, that in the event there shall be any maintenance cost during the first twelve months of this agreement due to faulty workmanship in the material or installation of the water mains, the cost thereof shall be paid by the Company, and PROVIDED FURTHER, that the water furnished by the Company hereunder shall be in quantity sufficient to supply the persons to be served and the water shall be free from deleterious bacteria and substances and shall fully meet the specifications and requirements of the public health authorities of the State of Alabama, and in the event the Company shall not furnish water in sufficient quantity to service the customers hereunder, or the water shall not meet the specifications and requirements of the public health authorities of the State of Alabama, or if it shall not pay for any maintenance cost required during the first year of this contract due to faulty workmanship in the material or installation of the water mains, then, and in either 'event, the City may cancel this agreement upon thirty days notice to the other parties hereto. 4. The Company agrees that it will, throughout the term of this contract, furnish the City with water as herein - above provided for use in fulfilling the residential requirements of the inhabitants of said subdivision. The City shall pay the Company, before the end of each month throughout the term of this contract, a sum equal to fifty per cent (50%) of the amount collected by the City during said month for water furnished by the Company and used by the inhabitants of'said subdivision: - 4 - a 5. There shall be no liability on the part of the Company to anyone for any loss, injury or damage resulting from or in any way conhected with the Company's failure to furnish water where such failure is due to an inadequate supply of water from the Companyt s well or mechanical failure or breakdown or any cause beyond the reasonable control of the Company, nor shall there be any such liability on the part of the City to anyone for any loss, injury or damage result- ing from, or in any way connected with the Companyts failure to furnish water, but it reserves to itself and may have and exercise its right to cancel this agreement for any failure on the part of the Company to furnish water in sufficient quantities to fully meet the specifications and requirements of the public health authorities of the State of Alabama. 6. In the event the City shall cancel this contract or shall fail to fulfill any obligation herein unposed upon it with respect to the furnishing of water to the inhabi- tants of said subdivision and shall fail to correct such L default within 30 days after being notified thereof in writing, Fort may terminate this'agreement, and upon the happening of either of said events title to said water mains and connections and replacements and renewals thereof, exclusive of water meters which shall be and remain the property of the City, shall thereupon immediately and with- out further formality, re -vest in Fort free and clear of all liens and encumbrances of whatsoever kind or character, and all rights of the City with respect to and all right, title and interest of the City in and to the said water mains and connec- tions and replacements and -renewals thereof, exclusive of water meters which shall be and remain the property of the City, shall immediately cease and determine. •5- 7. The City may, upon the happening of any one or more 'of the following events, terminate this contract upon 30 days written notice to the other parties hereto (1) if the number of eustomers to be served by the water mains covered by this contract shall not be increased within 5 years from the date hereof from a minimum of 4 customers to a minimum of 20 customers, or (2) if the number of customers to be served from such mains shall, after the expiration of said 5 year period become fewer than 10, or (3) if main- taining said water mains and connections and of servicing the water customers in said subdivision shall, for any period of 12 months, exceed the aggregate amounts received by the City exclusime_of the amounts paid hereunder to the Company from the sale of water in said subdivision during said'12 months period, or (4) if the City shall cease to own and operate its present gas system in the area of Spanish Fort, ,or (5) if the contract between Fort and the City bearing even date herewith with respect to the furnishing of gas in said subdivision is cancelled. 8. The City may also, at its election, make other pro- visions for water to service its customers hereunder. In which event, it shall be released from its obligation to purchase water from the Company, and the Company shall be relieved of its obligation to furnish water hereunder. 9• This agreement shall enure to the benefit of and be binding upon the successors and assigns of the parties hereto. 10. This agreement is executed in triplicate and each executed copy thereof shall be deemed and treated to be an original for all purposes without accounting for the original or other copies. -5- It IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed in their respective names and under their respective corporate seals by their respective officers, all of said officers being thereunto duly authorized, on the day and year first above written. SPANISH FORT ESTATES, INC.- By: � ,,�& -. Its' (AFFIX CORPORATE SEAL) ATTEST: s OLDS ISH FORT, INC. By: (/ •its (AFFIX'CORPORATE SEAL) ATTEST: Its CITY OF FAIRHOPE, ALABAMA LCBy: _ is ( AFFIX CORPORATE SEAL) M ATTEST: s STATE OF ALABAMA � COUNTY OF MOBILE e• I, the undersigned Notary Public in and for saiA State and County, hereby egrtify thatga,-�d j& &,, i 2,.,1('. '�,whose names as V, . , respectively, of SPANISH FORT ESTATES, INC., a corpoxktion., are signed to the - 7 - -A foregoing instrument, and who are known to me, acknow- ledged before me on this day that, being informed of the contents of the instrument, they as such officers and with full authority, executed the same voluntarily for and as the act of said corporation. Given under my hand and official Notarial Seal this the ay of 414WI.44 , 1953• Z" ary ubl c, mobile County, Al a � m . STATE OF ALABAMA COUNTY OF MOBILE I, the undersigned Notary Public in and for said tat and Coimty, hereby certify that f7, and , whose n es as and , respectively, of OLD SPANISH FORT, INC., ration, are signed to the foregoing instrument, and w o are known to me, acknowledged before me on this day that, being informed of the contents of the instrument, they as such officers and with full authority, executed the same voluntarily for and as the act of said corporation. Given under my hand and official Notarial Seal this the i day of , 1953 • Notary ublic$ Mobile County, Alabama STATE OF ALABAMA COUNTY OF (1ajZdt._. . is the undersigned Notary Public in and for said State and County, hereby certify that D, �,�,�, and whose Niames a �►.y� and , respectively,,of CITY' OF FAIRHOPE, ALABAMA, a Municipal corporation, are signed to the fore- going instrument, and who are known to me, acknowledged before me on this day that, being informed of the contents of the instrument, they as such officers and with full authority, executed the same voluntarily for and as the act of said corpora- tion. Given under my hand and official Notarial Seal this the day of 1953•