Loading...
HomeMy WebLinkAbout10-10-1956 Regular MeetingSTATE OF ALABAMA County of Baldwin The Water and Sewer Board of the City of Fairhope met in regular session at the City Hal li on October 10, 1956arith the following members presents Chair— man A. C. Mannich, R. Roy Moyers, L. A. Berglin, Sr., and C. B. Niemeyer# City Manager. The minutes of the previous regular meeting were read and approved as read. Motion by Mr. Bergllin seconded by Mr. Moyers that the following bills be approved for payment: M & S Service Station Gas Department Standard Equipment Co. Wittichen Chemical Co. Jansen Mfg. Co., Inc. National Disinfectant Co. Merchants National Bank, Trustee Moore Supply Co. Secur I ty Robf i ng Co. Gaston Motor Co. Fairhope Hardware and Supply McKean Paint and Hdwe. Graham Oil Co. Ruge's Service &cation Hand' s Welding Fairhope Machine Works Ruffles Co. K I umpp Motor Co. Maury — Wharton Agency Pay Rol I Mack Green Clint Cotton Henry Grayson Allen Johnson Benny Washington George Bush George Keller Alfred Nelson Frank Viggins George Dyson C. B. Niemeyer Marie Moore Mayor Overton met with the Soandl and Water main at Fly Creek. 16.80 47.43 08.42 36.75) 2,00 69.00 235.00 24.00 7?.00 7.45 12.06 2.70 42.01 1.25 62.93 2,00 �56 3.50 1i55.40 87.50 85.00 89.76 87.50 86.00 1172.00 103.70 130.00 150.00 225.00 100.00 55 . a0 In regards to Seger dine on Johnson Street Motion by Mr. Moyers seconded by Mr. Berglin that in order to eliminate a health hazard the Water and Sewer Department wi111 install manhole on South side of Fairhope Avenue and run sewer across Fairhope Avenue to manhole on the North side, the Fairhope Single Tax Colony to pay all engineering fees. Motion carried. Motion by Mr. Moyers: seconded by Mr. Berglin that effective November I, 1956 the charge for Sewer permit will be increased to $110.00, $2.50 to be retained by the Water and Sewer Board and $7.50 to be paid into the General Fund of the City to cover cost of cutting and repairing pavement as per Section 3 of Ordinance #132 as ammended by the City Council. Motion carried. Motion by Mr. Berglin seconded by Mr. Moyers that the Secretary be authorized to remit $333.23 to Spanish Fort Estates and Spanish Fort, Inc., for their half of water btlDs collectedduring the past year. Motion carried. Motion by Mr. Moyers, seconded by Mr. Berglin that the Chairman write a letter to Mr. P. J. Byrnes, 359 Stasuma St., concerning sewer Line and a copy filed with the minutes of this meeting. Motion carried. It was duly moved and seconded that the meeting adjourn. Motion carried. Approved Chairman Attest: Secretary and Treasurer THE CITV ITS WATER WORAS. ELECTRIC OISTRIBLITION SYSTEM, GAS SYSTEM A -ND S C. e. NIEMEYER. CITY MANAGER'- MARIE MOORE, CLERK E SYSTEM FLOYD PHILI.IPS, CHIEF OF POLICE CITY Of FAIHHOPE PHONE WA B-9511 E. B. OVERTLIN. MAYOR ALDERMEN: FA1 RHOPE, ALABAMA M. O. BERGLIN iA !�[u6 e/l�laa[6 efJ L.E. BLATCHFORD O R, H. BROWN R. C. "DICK" MACON J..DUPREE MASON October 9, 11956 Water and Sewer Board City of Fa i rhope Fa i rhope, A`I abama WATER AND SEWER BOARD R. ROY MOYERS. CNAIRMAM L. A. BERGLIN. SR. ARTHUR MANNICH J E. GOODEN WILLIAM RUFFLES GEORGE OYSON, SUPT. At the regular meeting of the City Council on Monday, ect, 8, 1956 the following Resolution Wfadopted by the Council: BE IT RESOLVED by this Council that after Nov. 1, the Fa i rhope Water and Sewer Board shall be and is hereby required to pay to the City of Fairhope the sum of 17.50 for each new sewer connection Installed for and as, reimbursement to the City for and as damage, to and cost of repair of the City streets. Very truly yours, CITY OF FAIRHOPE It Clerk r WATER CONTRACT 1ST ADDITION SPANISH FORT ESTATES THIS AGREEMENT, made and entered into this, the ZZ- day of9- , 1956, between SPANISH FORT ESTATES, INC., an abama corporation, hereinafter referred to as "Fort`, OLD SPANISH FORT, INC., an Alabama corporation, hereinafter referred to as the 'Company", and The Water Works and Sewer Board of the City of Fairhope, a public corporation organized by the City of Fairhope, hereinafter referred to as the "City", WITNESSETH: WAS, Fort is the owner of all of the property at Spanish Fort, Baldwin County, Alabama, described in that certain deed from The Merchants National Bank of Mobile, as Trustee under the trust agreement dated July 18,_1944, between George E. Fuller and Patrice B. Fuller and The Merchants National Bank of Mobile, Grantor, to Spanish Fort Estates, Inc., a corporation organized and existing under the .laws of the State of Alabama, Grantee, said deed being dated July 19, 1956, and being recorded in Deed Book 240, pages 482-488 in the records in the Office ' of the Judge of Probate of Baldwin County, Ala- bama, which property is to be platted and developed as a resi- dential subdivision to be known as Spanish Fort Estates 1st Addition, said subdivision to be hereinafter referred to as 1st Addition; and WHEREAS., Fort will construct and .lay and be the owner of the water mains to be located in said Spanish Fort Estates lst Addition; and WHEREAS, Fort is now selling lots in said .1st Addition and is desirous of having water furnished to the inhabitants of the said .lst Addition upon the same terms and conditions and at the same rates as water is furnished to the inhabitants of Q the Town of Fairhope, except that the minimum charge for service I urnished under this agreement shall be $2.00 a month for each domestic customer and each domestic customer shall be charged $40.00 for connecting and laying an extension from the main to the property line of such customer, and to that end is will- ing 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 lst Addition and will furnish water to said inhabitants; and %%WHEREAS,, the Company has a well and pump having a rated capacity of 9,000 gallons per hour ,located on property near said lst Addition and is willing to furnish water to the City for resale by the City to the inhabitants of said lst Addition; and WHEREAS, the City is willing to accept said convey- ance and to undertake to furnish water to the inhabitants of said lst Addition upon and subject to the terms and conditions 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 Fort to City, and in further consideration of the mutual covenants and agreements herein contained being kept and per- formed, the parties hereto do covenant and agree, each with the other, as follows: 1. Fort shall, at its cost and expense, promptly lay and construct a water main extending from the Company's well to said ,lst Addition and water mains in said lst Addition, ade- quate as and when .laid to supply all of the .lots of said lst Addition with water for domestic use. As said water mains are laid, they shall be and become the property of the City, sub- ject to the terms, conditions and reservations hereinafter con- tained, and Fort hereby grants unto the City the right and ease- ment to lay, maintain, repair, replace and restore said mains - -- -2- . of as and where located, together with the right to go over and upon the streets and alleys of said lst Addition for the purpose of .laying, maintaining, repairing, replacing and restoring said mains. Except at intersections, said mains shall not be laid under that portion of any street or alley that is or that is to be paved. 2. The Company hereby grants unto the City, its successors and assigns, the right and easement to .lay, main- tain, repair, replace and restore, at the final location agreed upon by Fort and the Company, the water main extending from said 1st Addition to the point of connection with the Company's well, together with the right to go over and upon the property of the Company for the purpose of laying, maintaining, repair- ing, replacing and restoring said water main. 3. The City will, for a period of thirty (30) years from May 15, 1953, 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 lst Addition 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 agree- ment shall be $2.00 a month for each domestic customer and each domestic customer shall be charged $40.00 for connecting and laying an extension from the main to the property .line of such customer, and City 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 .1st Addition, and such other subdivisions and additions thereto as Fort may from time to time designate, with water, PROVIDED, HOWEVER, that there shall be no obligation on the -3- part of the City to furnish said inhabitants with water if said water mains shall be inadequate or in the event of the failure of the Company to fulfill its obligation hereunder to furnish the City with water, and PROVIDED, FURTHER, that in the event there shall be any maintenance cost during the first twelve months after said mains are laid due to faulty workmanship in the material or installation of the water mains, the cost there- of shall be paid by Fort, and PROVIDED, FURTHER, that the water furnished by the Company hereunder shall be in quantity suffi- cient 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 said water mains shall be inadequate to service, or the Company shall not furnish water in sufficient quantity to service the customers hereunder, or the water shall not meeet the specifica- tions and requirements of the public health authorities of the State of Alabama, or if Fort shall not pay for any maintenance cost which Fort is hereinabove specifically required to pay during said first year, then, and in any such event, the City may cancel this agreement upon thirty (30) 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 require- ments of the inhabitants of said subdivision. The City shall pay the Company, before the end of each quarter throughout the term of this contract, a sum equal to fifty per cent (50%) of the amount collected by the City during said quarter for water furnished by the Company and used by the inhabitants of said subdivision. 5. There shall be no .liability on the part of Fort or the Company to anyone for any loss, injury or damage result- -4- y l ing from or in any way connected with the inadequacy or in- sufficiency of said mains, or the Company's failure to furnish water where such failure is due to an inadequate supply of water from the Company'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 resulting from, or in any way connected with the Company's failure to furnish water, but City reserves to itself and may bave and exercise its right to cancel this agreement for inadequacy or insufficiency of said mains or for any failure on the part of the Company to furnish water in sufficient quantities to fully meet the specifications and re- quirements 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 imposed upon it with respect to the furnishing of water to the inhabitants of said 1st Addition and shall fail to correct such default within thirty (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 re- placements and renewals thereof, exclusive of water meters which shall be and remain the property of the City, shall thereupon immediately and without 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 connections and replacements and renewals thereof, exclusive ofkater meters, which shall be and remain the property of the City, shall immediately cease and determine. 7. The City also may, upon the happening of any one or more of the following events, terminate this contract upon thirty (30) days written notice to the other parties hereto (1) if the number of customers to be served by the water mains cover- ed by this contract shall not be increased within five (5) years -5- from the date hereof 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 five (5) year period become fewer than 10, or (3) if the cost of maintaining said water mains and con- nections and of servicing the water customers in said 1st Addition shall, for any period of twelve (.12) months, exceed the aggregate amounts received by the City, exclusive of the amounts paid hereunder to the Company, from the sale of water in said .1st Addition during said twelve (12) month 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 1st Addition is cancelled. 8. The City may also, at its election, make other provisions 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 obli- gation to furnish water hereunder. 9. Fort shall have the right to tap said sins and draw water therefrom for fire plugs in said lst Addition, and no charge shall be made therefor by the City. 10. This agreement shall enure to the benefit of and be binding upon the successors and assigns of the parties hereto. 1.1. This agreement is executed in triplicate and each executed copy hereof shall be deemed and treated to be an original for all purposes without accounting for the original or other copies. 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 I MO A 1 I! said officers being thereunto duly authorized, on the day and year first above written. SPANISH FORT EAKTES, INC. (AFFIX CORPORATE SEAL) `J ATTEST: C a s J V' E j. F-r*vLy (AFFIX CORPORATE SEAL) AT EST : /� ,X OLD SPANISH FORT, INC. CITY OF FAIRHOPE, ALABAMA By (AFFIX CORPORATE SEAL) ATTEST: S STATE OF ALABAMA COUNTY OF MOBILE I,•the undersigned Notary Public in and for said State and County, hereby certify that11�'. U. and whose names as _13t,t respectively, of SPANISH FORT R=S, INC., a corporation., are signed to the foregoing instrument, and who are known to me, acknowledged before me on this day that, be- ing 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 undervmy band a d official Notarial Seal this the day of �, 1956. _ (AFFIX_ NOTARIAL SEAL) (�� -� -3-�-/ - sue) -7- STATE OF ALABAMA COUNTY OF MOBILE I, the undersigned Notary blic in and for said State a County, eby cert fy that � and whose names as andrespectively, o - OLD DMISH FM77— INC., a corporation,, are signed to the foregoing 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 corporation. Given under my d and off cial Notarial Seal this the day of 1956. = Notary c, Mobile aodbty, Alabama 1( AFFIX NOTARIAL SEAL) ATE OF ALABAMA C OIDPIY OF I, the undersigned Notary Public in and and Coun hereby certify that � 7— whose names ash_ respectively, a Mun ipal corporation, are s instrument, and o are known to me, ac this day that, bei informed of the co they as such officers nd with full aye voluntarily for and as a act of s d the Given under my day of (AFFIX N�RRIAL SEAL) STATE OF ALABAMA COUNTY OF BALDWIN r said State and and igne5l�to the foregoing k9p#ledged before me on ents of the instrument, hority, executed the same corporation. official Notarial Seal this , 1956. c I, the undersigned Notary Public in and for said State and County, hereby certify that Arthur MaMannich and Marie Moore, whose names as chairman and secretary -treasurer, respectively, of The Water Works and Sewer Board of the City of Fairhope, Alabama, a public corporation organized by the City of Fairhope, are signed to the foregoing instrument, and who are known to me, acknowledged before me on this day that, being informed of the contents of the instru- ment 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 seal this the 4 day of September, 1956. '71 Notary Public, State Public, State of�Alaba a at large large 1