Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
11-25-1958 Regular Meeting
STATE OF ALABAMA County of Baldwin The Vda,ter and fewer Board of the City of Fa i rhope met on November 25„ 1,958 at 2:00 P.M. with the following members, present: A. C. Man nihc„ Chairman, R. Roy Moyers, R. R. Teamer, C. B. Niemeyer, City Manager, George Dyson and Frank Wiggins. Others. present at this meeting were Mayor E. B. Overton, Mayor Josh Sellers of Robertsdale -and Mr. Donald Mills. The meeting was called to order by the Chairman. The proposed contract between the Water and Sewer Board and Spanish Fort Estates, Inc. being considered by the Board was presented as follows: THIS AGRIZMENT, made and entered into as of the 2"Cl_ day of j 1958, between SPANISH FORT &STATES,$ IRC., an Alabawa Corporation,, sorwtimes hei-einafter referred IUo as C. "Fort" OLD SPANI6H FORT,, INC., an Alabama Corporation, sometimes .P dei,einafter refepred to as Company", and the 'WAITM "WOM AIM CCI:) 00 SL,.;ER BOAM OF nIE CITY OF FAIPUOPE a public corporation or- ganized by the City of Fairhope, sometimes I-ieoeinafter referred to as the "Board"; W I T X E S 3 E T H : ioaEREA3p Fort has sold and is selliiig certain lots in a subdivision in Baldwin County., Alabama, know-ri. as "6panisi.a Fo_r.-U, Estates", as sftown I)- plat thereof recorded iti the office of the Judge of Probate of Baldwin County, Alabama., in 14ap Book 3., Pages 50-51, hereinafter referred to as %,;states", and 'flas sold and is selling lots in a subdivision in Baldwili Co Ur it,;,,, Alabama, known as "Spanish Fort Estates., lst Addition", as shown by plat'. U-10reof recorded LL said office in Map Book 4., Page 239., !Lerein- after -_1.,efeilred to as "1st Addition",, mid is tie owner of 'Uio additional property iii Baldwil-I County.. Alabama, described in t'E-)at certain vendor's lien deed from The Merchants National Bank of Mobile, as Trustee, to Fort, dated October 17, 1958, and i�copded is said office iii Deed Book 2,(l,, Page 201., subject to ti-le lien retained -Ixi said deed, part- of wdi0h additional property tms been suludivided into a residential subdivision as sliowa by plat recorded in said office lip Map Book 5., Page such sub- division being known as "Spanish Fort Estates, grid Addition"., and being hereiaafter referred to as "2nd Addition", and t1iie reminder of which it is plaiaied to subdivide into residential subdivisions,, hereinafter referred to as "future additions", such additional property constituting in the aCmgvagate approxi- matel 160 acro.s and lying adjacent to lot Addition; and 0 STA,-E,-JFALA3A',',IA,BA' -L)Vvl.l4'-•�IPI IT Y Filed __S7 -------------- Recorded ----- b o ok.A I P a S judge of Probe Fort tms Installed water mins in .Estates a -ad 1st Additlocl euid j.,.:VMGeS to install wateg, rains In ?.rad Additlora aiid fututy additioa:s for distribution of watev wit�ir e o:¢3 iat : ; oz.s to Inhabitants its thol.o 0f; ar WMFMA:>, Fox-t is now imptw'!.S'W 214d Add i v i. on f ot'- the cala of loth thew .n a Ad is desilrous of taving wato ., fuisiIsi: to t;? o i. AI itarits in 'tstos, 1st Addition, 2W A,dditiono mid future additJ mis uatMl+eP tav saw Vi,3.t.�tia.Yr`'. ar.4 cotidit'imis al, au tbe CAM rates as water Is funAshod to tt* iW abitAr is of the Citj Uf vairhopuj, except t" zu thy. minimum C11a t'n for Such servio u t.' ido,o this xvemilt 1U-t7 ;:ak` Linahitants of iiwh subdivisims smell be $3,00 per ! cw,.&.i for Cacti dcxws,.4 cult .i- ai4 each dumest;ic cust=Or aball to c mi:, d � , oo rar to suca water Mill arA laying QxtE3Lslorl frora +:;Ine unin to the property 111Z of Lim castta r, aW to t at- aad is villizAg Lo .vn:; the now exictilAg wator rains M4 tnoso Bch =V be subooquout1j, cmiaLvuct- ed �xi any of said proparty to the -M tVm,, cWfi .tion that t bo ;fir" will use t,te Sam fo.", Vx.:sold Purpose of fulnlisrxtng eater to Uie LubabiMnts of t0he zald subdiviGsi€u-s acid will furnish wr to much Uit'abit a ita tijxr of ; mid W it ' `', t W Company has wed.l and i;.ar,1, , with h puwps having a rated cap=i t;,f of 90000 gallons ° hour, lo(,-a tod pro xn,a Anew said subdivisions and Is wMing to furnis var to tho Ward foor resale to tbo inhabiLaiits of said sub- divisions upou the term set out' a 3u; and WI ", the BMM 12 w11ILag to accept said Zee of said watts- Mn'"S for and duri the term of this contract tied to LuAert.al to furbish water to t4-a inbablMats of said 3W,Jivi.sioiis UPOU aind subjt.-et to trw toivu of this agiaria t —2— Vid EM NOW THEREFORE, in consideration of the premises and of the sum of $25-00, cast in hand paid bey Fort to the Board., and cm CC= C= in further consideration of the mutual covenants and agreements -ohl herein contained being kept and performed, the parties hereto do covenant and agree, each with the other, as follows: ONE; The term of this contract shall be a period of five years from the date hereof plus succeeding one year periods unless written notice of desire to terminate is given by one party to the others at least six months prior to the end of the five year period or any succeeding one year period, in which event the term shall be considered to be the period from the date hereof to the end of the period during which such notice is given. TiO. Fort shall at Its cost and expense promptly lay and construct a water main extending from lst Addition to 2nd Addition and from time to time will lay additional mains whenever and wherever neoes6arj and proper into and through each of the said subdivisions and will keep the said mains in good repair and good and sufficient usable condition at all times at its expense. Fort does hereby demise, lease and let the said water mains and those Q Estates and lst Addition to the Board fop the term of this contract, to be used by the Board for the purpose of furnishing water to the residents of such subdivisions upon the terms and conditions herein set out. THREE. The Board does hereby contract and agree that it will, for the term of this contract, but in no event longer than the Board shall be in legal existence and authorized to operate, furnish water to any and all inhabitants of the said subdivisions 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 City of FairbDpe, except that the minumum charge for such service under this agreement stall be $3.00 per month for each domestic customer and each domestic customer, except present customers., shall be charged $60.00 for connecting and laying an extension from the main to the property line of such customer, and such connection lines from the mains to the property lines when laid, shall be the property of Fopt -3- and thereafter shall be maintained by it as a -part of its C= mains. There shall be no obligation on tdo part of the Board Ez to furnish said inhabitants with water under this contract if INI J the C07 e said water mains shall be inadequate, or in the event of the W� failure of the Company to fulfill its obligation hereunder to C-3 r'?1 UN Hanish, the Board witli watev, or in tue event Fort shall fail to keep such mains in Pepair and in usable condition. Qvo,:, furnished by the Company hereunder shall be in quantity suffi- cient to suppli the persons to be served and 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 serve all such inhabitants., or the Company shall not furnish the water in sufficient quantity to service the customers hereunder, or the water shall not meet the speci- fications and requirements of the public health department of the State of Alabama, or Fort shall not maintain such water mains in usable condition, then and in either event the Board me; terminate this agreement upon giving thirty days notice to the parties hereto. FOUR. T'he Board contracts and agrees with the Fort that the Board will, at the request of the Fort, rake repairs, altei-,a- tions, additions and extensions to such mains and connection lines for the Fort at the actual cost thereof to the Board. FIVE. The Board assumes all responsibility for the construction of connection lines to property lines. Fort shall, as between the parties hereto,, alone be liable for and shall in- demnify the otter parties hereto against any claims or demands for injuries or damages to any persons or property resulting from any defects in mains or extensions thereof or connection lines, except that the Board shall, as between the parties heoeto., be alone liable for and shall indemnify the other parties hereto against any claims or demands for injuries or damages to any persons or property resulting, from faulty workmanship on the t- of the -d or its aputs or emplojees or de.f`ecLive or, O O_ sub-ataAd+trd ust;OrUls fumisbad or used by tlio Ward. Ttwre st 11 Le tw liabilitj m t 1w part of ttw Boaxd to anyone f©c, loss, lxijuiV or dawa s results f o4? an�%My crxu)acted vl ttl. tl Compauyls fa31L4-0 to i'urnt$h water or ire such fallui due to an Uadequaw supply of wauer rpom suQU wells or f a.gct beui .cal rallUM hereOf, or from produetiou tbereof; but V MOM se s to Itself aw M; .give and examiso the* ri at to toz%Uato ttdo contract foot arm iradequacy or Uiat f iciej: of €>r IMPrOPOV Mintw9wCo of said mains or extwistmis ttlereaf or co";moo tiori Ur s or far all': ialluiv on the PWL of the COtpW; to furnish vale r IL sufficle.t4 ; quaritity to fu14 met the s ci.- fleatioto and r uireu-mkts of w3e public health authc►ri ues of Tw State of Alaba . SIX. In t w eveLiir t4o Boewd abai.l fail to fulfill 04 otlWtim imp Lipid It by this clot aLd snap fail to cor t: such default within tUrt:y daya shier having been n.oti- fled thereof iti wri t lx1 g, Fwt May te",viMte this a&vomat, and all of the Board � s righta,, os.s n , interests aW privilelps reua:tior, axed all of Fort•s ooj bone, duties tuyj s ialbill- ties shall l=agdJAt're1j term.W aw. Should this contract temlante or be tezmU Q ed rov any reason tirw uald water t*#w„ coMzoctitwa linen, 1Mp1Kt'eWiAt:s„ and exWtialons wA renvwls Wars - of, exclusive of tw water mete , cbiall tbweupqcImnedlately and wi.ttwut; furtt-vir f'cxv 1 notice re►vest In the part free ozzd 01€ x' t7f all 110:3s, wumb �(;au airl laata�vsts of the Board of is natrever kuA and ct3aracto ,,. SMl • FaiM t sl.All gave the rWt to tap said mains aid draw water 'tbarefrom for fib plugs In said subdiv'isi.oas and no c i.a a'aall be meAle tLerefor by the 306irdo . Thft COMPRAY r F a that it Will ttu►oughout the te141. of axis cGO t Furnish the "d vith Wate as tierela p ovided far use in fulrinizig tho xvsidentlal requiret rits of the Wbitants of the said subdivisidus, wA the Board shAll I J pay the Company before the end of each quarter throughout C= the term of this contract a sum equal to fifty per cent of C= z;he amount collected by the Board during the said quarter for water furnished by the Company and used by the inhabitants of COZO the said subdivisions. NihE* Nothing aerein contained steal-1 _(;e construed to place oil Fort any obligation to subdivide or develop any of tide property herein referred to as "future additions". TEN. Those certain contracts between the parties hereto, one dated May 15., 195I/3., relating to the furnishing of water to the inhabitants of Spanish Fort Estates and the others dated $Soptembev 11., 1956 relating to the furnishing of water IP I U to the inhabitants of Spanish Fort Estates'. lst Addition., are hereby, by mutual agreement., terminated, and the Board does hereby release, remise, quit -claim and convey to Fort arty and all right, title and interest it may have in and to the water mains., connection lines, improvements, extensions, and renewals thereof, exclusive of water meters, serving Spanish Fort Estates and Spanish Fort Estates, lst Addition, under and by virtue of the aforesaid contracts. As between the parties hereto., the Board assumes all responsibility for and stzll alone be liable fop and shall indemnify the other parties hereto against any claims or demands for any damages or injuries �o any persons or property resulting directly from or indirectly from or in arlL,,-way connected with the termination of said contracts dated May 15.0 1953/,, and September 11, 1956. ELLWE114. 'Mis agreement shall inure to the benefit of and be binding upon the successors and assigns of the -parties hereto. NUVE. This agreement is executed in triplicate, and each executed copy shall be deemed and treated to be an original for all purposes without accounting for the original or other copies. IN WITNESS �flffiREOF, the parties hereto have caused this agreement to be executed in their respective names and under their -6- respective corporate seals bj their respective officers, all 0 of said officers being thereunto duly authorized, on the day and year first above written. ATTF-,6 : 3ecre ary `:ORPORATE SEAL) o-idefit SPAN16h FORT E BYV IT :1_71e en OLD Isis FORT* INC* BY its FreSMent -•J INC , co STATER 'A"ORKS AND SEvjER BOARD OF rAS CITY OF F.TIIRHOPE BY _ 4�4 UwIrMn- or Utle BMrC1 I, the undersigned Notary Public in and for said 6tate and County, hereby certify that 2Gc �,/Cu�c. �R, Joe, and P&O", G B '-- ry Al' whose names as Vres1denE and Taecre ary, respectively, o3''-SFAiISH FORT ESTATES, INC., a corporation, a2e signed to the foregoing instrument, and who are known to tree, 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. Giv under my ?end and Notarial S:al this the day of 1958. m 'Notary FUSIP, 4. I, the undersigned Notary Public in and for said State and County, hereby certify that a*rd^;0- /=c,��4�'/�� l� and 6'-OA 'c L- �vu..�n- arc. w hoF' se names as rosir�eFT UM 1ice- Presider' t respec3.ve' y, or 3 SPANISH FORT, L4C., 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. Gi underxiy hand and Notarial Seal this the ,, ,,.day of-.-... 1958 • Rotary u ., (.U?Ik NOTARIAL SEAL) STATE OF PJ ABAMA COURTY OF I, thc� uridarsigned IV tar y Pull c and for said :Mate and Count,,,, hereby certify t'nt -r r and whose names as ,1 . and respectively, o e WATER WUNAZ Pe Js AND ,,EQADUIOPE, a. pubs_:?_:: oi)rporation or- ganized by the City of Fair°hope, are signed to the foregoingg instrument, and who are la- own to me, aclaiowledged before me on this day that,, being informed of the contents of the instrument, they as such officers and witi full authority, executed the same voluntarily for and as the act of said corporation. Given under hand acid Notarial Seal this the_�___� day of � �- � �-�-� �-E v 1953. V6tary ilublic, (IUVTX ITOTARIAL SEAL) M'r. Moyers moved that the Chairman And Secretary and Treasurer of the Board be and they are authorized and directed to sign contracts in behalf of the Water and Sewer Board. Motion seconded by Mr. Teamer and unanimously carried. This being the date set for opening bids on Sewer Entensions and twelve bids having been submitted, Mr. Moyers moved that the Board accept low bid of $184,307.26 submitted by Fairhope Paving Company and that the Chairman of the Board be and he is hereby authorized and directed to sign contract -with Fairhope Paving Company in conjunction with and at the time of signing by/ the Mayor in behalf of the City of Fairhope. Motion seconded by Mr. Teamer and unanimously carried. Motion by Mr. Teamer seconded by Mr. Moyers that the bill of Dixie Tank and Bridge Company in the mount of $3,050.00 be approved. for payment out of moneys on deposit in the Water and Sewer Improvement Fund, subject to the approval. of work by George Dyson, Supt. Motion carried. Motion by Mr. Teamer seconded by Mr. Moyers that the meeting adjourn. Motion carried. Approved, Chairman At test: Secre .ary and Trea rer THE CITY WATERWORKS, ELECTRIC DISTRIBUTION SYSTEM, GAS SYSTEM AND S YSTEM t C. B. NIEMEYER, CITY MANAGER MARIE MOORE, CLERK D. C. JOHNSON, CHIEF OF POLICE E. B. MAYOR CITY Of [AIHHOPE COUNCICILMLMEEN:: A. C. MANNICH CHAIRMAN CHARLES F. BELEW PHONE WA 8-9511 R. ROY MOYERS MARVIN O. BERGLIN FA I RHOPE, ALA BAMA R. R. TEAMER WALTER O. POSER " WM. R. RUFFLES, JR. WM. R. RUFFLES, JR. G EORGE DYSO N, SUPT, BARNEY L. SHULL November 24, 1958' Water and Sewer Board City of Fairbope Fairhope, Alabama I hereby release the City of Fairhope, Alabama and the Water and Sewer Board of the City of Fairhope, of all respons.ibitity of the sewage overflow which occurred on November 22, 1958. ,; I" ; D,IX1 E ,'TTAN K & " BR I DC E I;;A 0' P� „'r NYC'' " I!' Ili 1. L u t�l' aT a ,a1 AA an' MEMPHIS. TENNESSEE .'I Standord Form"of,t Warranty and `Guarantee:' III'1,, ;�.' Itr: a►I III'' ' ' �� !. II q, P' „ !4I1 +' 'I•r AI a ;III II_ 1Ja QII III' n' 111 Dix1e Tank &Bridge' Company, hereinafter called the Company, warrants all repdirs�and painting made by the Com- ,rr,All ,m, n'� �1" y{' •A�1, •rrf "' r i l� h' Itt �rYi II,. •111 ,1 ,�Ia. !�, Ar �I�� ,{I LLB' ,Il(! ��• r. :I, d, ,jN' ,III' ' , ' City 'of Fairhope III,,. Jparry upon the tank .belonging;"fo ; •.1M ,ly,. 'll� .M rlrll ;1 ,L �.,u �• ,u •u. ,,, ..,r rl� •�' rtU, ,�, „ •rlr ,I,r ��' r,. r .i��• �; ,r 1' rl' located i at• rr 'Fairhope., Alabama. rr to be'fine`1from„de,fects',lan matenal'ana wor6t'ansh. under normal use; and service, the Com any's obligation under this war; rJ 11 ,a,ll 11' ti, it ,, url' I III r i{ u r Irr III I an .. e r ,,.; ,� , All, � I ranty and guarantee being limited toNmaktng good 'any drt or parts thereo which shall, wit in the penod' hereinafter sei out, 'im �i ,%W r ,fi" .71 i ri. r•'; . J' rll r p rrl� r, r f ,. , r y. {, �>r'. dp e'ar upon,tithe•ICompany's• examination! to,Yhave beenl,defective, and;to making 'good any damage occasioned bi reason of such li ' lr• efects. I �,. 1 v II: At +Thii,, warranty and � guarantee Ls express! in Lieu o f all other warranties, express or tmpl ed, � and of, A ,,other obligations IIII !h nl„ I u,u� Ill dl, I, 1, or(,Iiabilities on the part of r,th`er Company,'ari'_ „the Company netth'er •assumes, nor authorizes ,any other 'person to assume for it, rl nY N 1 ru Am", . ; •u r+. " ."" ,t,r ,A„ , ' " , , ' r 'r• rl 44�a day ?other liability in?,'connection with the, repairs' or painting on suit .structure. U''" - ly I 1, h aC ill" d„ y fi I � Ilr"; �' r• ,n. An t." „",r rr ,' • Ir° rlf' tl•, ' 1 II' rr. r. y au r• I� TThis warranty,,and'rguarantee apples only. to" the structure and `the premises as the presently exist; and .does •not"include ,��j yaddii onal,�h'azards,placed upon,ithe,'stru'cture or upon tIt remises, or in the vicinttyy..o the tank,, after, the date- hereof. This : lr ! ..A„ Arwarranry and gugrantee,,is to Iie of no,rfurther,; force. and 'effect if,athe tank owner shall,"install any. electrolytic_or;catliodic'.device ., ...11 )?I' r It ,I! ! r rfi 11 on1 �!. u!III 'Jar InI r IIII rII u h , ill in on or'about the tank, or tf"'tiie tank owner shall' m any way. alter the present'condition of the tank``without the'wrttten consent rr Yrr rtr n r tAti. Y ? n ,. ' „A �ll j�f h �Il' �(li I n UII Ili (r a all' 1� 4 III 'Cof 3tlie�lCompany. � a �,,,,, ui ,rA, � oy �t.' � ul "N' 4' A "11t1. Il In ti:the',I•event of accidentlxausedl. byuthe.' f dilure.,of Ilthe;;;Company's' repair,+work uihile this, warranty: and'guarantee is in force,'+, `III I the+ Com an reserves Attie rt ht+'to rhave such dam a raised b an inde endent a raiser; and to' a the tank.. owner, the 1 0111 ' rr p y IF ,;, g ' 1 ll a9 app Y I P pp p , y r Olt' , .M°. +VJJ u % r!J ,�` r,:.. µ' f' u.. 1'r-� ,�. r•' b 'l sum ofr such,appratsal,, onto rectors the. property to itsXpresent condition„ or to use a com tnatton of such,settlements;,and failure. +i>*I li I,rlr I1 llln Irr+r ''I' ,ll. llln rr Ur;. :hl i ., II ra •II I r,, rrr y'' ,I. l ,I' 1U ;of the tank; owner to thorough! hand proper! co-operate wtth�tli'e Company'to mtnimtze, the damages ancHoss shall relteve the 1' p Ip• it rr A,,. nA !1 Y u, I l ' 1 A. 1 llr II' ,. Company A, o f 'any da►nages�f or • oss � o f " use A o the tank under' this warranty t and! 'guarantee. r. 1. WI. jr Uhti';Iu' •;(11' ,�;' Il „ !�N `?' If ,the,t'tdnkow.'n'erlhas any triswance;"against loss covered by this uarranty;q'and guaraiitee,�' ;, any, •payment received by the tank owner, . on, account of such insurance. shall be,l deducted it a, I Lr II' I it from any, settlement. under, this warranty,. and guarantee and no right of subrogation "iutIl''be "b IIIU, , '1•ri „!,�.,�"1' �", IIr1A." " dp '"" "rp„ e recognized�by the""Company „, .;. •,,1; -,ir, '7p +i� � A, :IA ur. ,,. "�:, , 1, , u' ' Company. full ' " �! r III .AA+ , ! Ili Il , C Y ', I I " ,, I 4� �;, w �} In the eventr�o(1any pa meat under this warranty 'and' uarantee,''.the Company shall'. a11m • ' ,,Illr' „ 4)pF u,,tl' ti,, "' ��,,' u ;h A,be �subrogated to, al[ 'the tank1.1 1- er's. rights ,o f recovery,, therefr, and,.the ,,tank owner' shall do evelrything necessary to secure such "rights. r„�, r" Ilp", ,, 1'r a:o ' ,IIII"'an'1i+1+'Alr ' IIII 11" 11 r ,'' ' +!'' " ' 1 M' a�" „"Nol'assignirient o f ,� any'' interest in this warranty and 'guarantee shall ' bind the Company li da rll 'I 11 "� Mill d(a", I, ,., rr' ,L. I, ill 'Ili I "A , ,I, 1 �1 ;; 5, u r'until iis�,consent „s indorsed' hereon. 1'�IN,;;WiTNESS' WHEREOF, the Company has "signed this warranty guarantee. '�,A1�pC'�7l�'1'' �11T h"^",.,,1" 1�' „_ ' 1'Itt' all 1Ithis,.,. '8 day of December .;" All a "� A 4 �. ., N'' ,IAA, r N4'A ul�` ll!1, 11&, Ill!' I r„ li'W Ir; I ;Iti ll 'Ir qt. DIXIE 'TANK & BRIDE COMP a\ 1111' y 1' All •1111, Il{' , i" A,I' „ �L . ,I,. r I,, �. Fires mm4r, .n ,,, q1, .., "n, _ •".h. ,�.. "rir. .�. ,. _ - - A By,_ _ _ ..,� _. _ ,. ... _ _ _ _ ©GOES 359 � alP�� C�b�eeYn�pec�l a��itvtieed�blo�� »� ,n a1anyrea",p,pee N 11 � 9 1 here t'sylxc�gmen�,. ,add � ie \st�uc�,u,re,`'t'The PR DIXIE°T-NK.AN,D, BRIDGE - CO. ,_ 1 M t � i MEMPKIS, TgNN. % J)IIJ/ TELEPHONES DIXIE TANK & BRIDGE COMPANY 33-2671 33-2672 33-2673 LAMAR AVENUE MAILING ADDRESS • POST OFFICE BOX 14 MEMPHIS 1, TENNESSEE Dixie's Nationwide Service Satisfies December 8, 1958 City of Fairhope Fairhope, Alabama Attentions Mr. Arthur Mannich . Chairman of Water Committee Gentlement TELEPHONES 33-2674 33-2675 33-2676 This is to notify you that any time you.are going to have an outside inspector inspect your tank during the period of our guarantee, the Diode Tank and Bridge Company is to be notified so our inspector can be there when the inspection is made. It has been called to our attention that in some instances when outside inspectors have made inspections, they have used sharp Instruments or paint remover, to break the paint film, then in three or four months the tank starts to rust, and they come back to tell the tank owner that the work was not done properly, so for the protection of you, your tank, and the Dixie Tank and Bridge Company, I will repeat, please advise us when— ever you are going to have an outside inspector inspect your tank so we can have our inspector there at the same time to see that no damage is done to the tank. Thanking you for all the past courtesies extended our Company, and representatives, and sending you my best wishes and warmest regards, I remain, Very truly yours# DIXIE TANK AND BRIDGE CCHPANY A W. A. Riley President WARtab Tfxie is Ede 1'a'cgslE �Jank Rzpah and 4ainEsnanes eom�iany in tfis 2LniEed cStatas �i 1all�'r - 17 17 IT Q ' 'I = DIXIE TANK & BRIDGE C11. Dixie's Nationwide Service Satisfies 3523 LAMAR AVENUE Mailin' Address: Post Office Box 14 MEMPHIS 1, TENNESSEE TELEPHONES — FAiRFAx 3-2671 . FA 3-2672 . FA 3-2673 . FA 3-2674 . FA 3-2675 December 8, 1958 City of Fairhope Fairhope, Alabama Attention: Mr. Arthur Mannich Chairman of Water Committee Gentlemen: This will acknowledge check covering payment in full for the work performed on your water tank. Enclosed you will find Dixie Tank and Bridge Company's Standard Form of Warranty and Guarantee No. 1478 covering the water tank owned by the City of Fairhope, located at Fairhope, Alabama. This is in compliance with the contract covering the repairs and painting performed on your water tank. Very truly yours, DIXIE TANK AND BRIDGE COMPANY W. A. Riley, Pres' WAR :b jw ixiE L tfiE -Zatq Eft Janl2 CRE�2aft and Actintenct 2CE �olttf2any ill the LLI2LEEJ -- ftafE1 PS-4 11 ,I-! r �R -r— es77 DIXIE TANK & BRIDGE CO. Dixie's Nationwide Service Satisfies 3523 L AMA R AVENUE Mailing Address: Post Office Box 14 MEMPHIS 1, TENNESSEE TELEPHONES — FAIRFAx 3-2671 . FA 3-2672 . FA 3-2673 . FA 3-2674 . FA 3-2675 November 28, 1958 City of Fairhope Fairhope, AlAbama Attention: Gentlemen: Mr. Arthur Mannich Chairman of Water Committee Enclosed you will find a copy of the contract covering repairs and painting to your water;,tank. This contract has been properly signed. We wish to thank you at this time for awarding our Company this contract, also for the courtesies extended our representative. Very truly yours, DIXIE TANK AND BRIDGE COMPANY W. A. Riley, President WAR/mc Enclosure ri�)ixiF i1 ti2E-fazgF-it gank C/\Epah and ::J I�CLCYLEEI2CLYtCE L7OYn/2UYLf!- in fl2E q.1nitF-J --�ECLtES. FORM O THIS DIXIE TANK & BRIDGE COMPANY MEWMS, TENNESSEE Standard Form of Contract For Emergency Repairs (For use in all States) Authorized Agent entered into for emergency repairs to water tanks, by and between Board of Trustees hereinafter known as First Party, and the Dixie k & BrYidge Company, Memphis, Tennessee, hereinafter known as the Company. WITNESSETH: It is agreed that any and all contracts between the First Party and the Company prior to the date of this contract are merged into this contract, and this contract supersedes all previous agreements between the parties and is the sole contract between the First Party and the Company. It is understood and greed bet een the parties that a thorough inspection has been made of the tank belonging to the First .M Party and located at _ 9 (excluding the footings or foundation of the tank) and that the repairs outlined in the following paragraphs have been agreed upon 1 by the parties as being necessary and essential to restore the safety factor in tank. .1 d 1-(a)—It is understood and agreed between the parties that the Company shall do the following repair work and painting upon said tank for the price hereinafter stated: Total amount of lineal feet of flat Total amount of lineal feet of vertical Total amount of lineal feet of fingers to be welded bottom_ Total amount of lineal feet of horizontal welding Total amount of rivets to be welded (� Total amount of pits to be wil Tightening of rods, new steel, etc., or any miscellaneous list below: 1-(b)—The Company shall paint the interior of said tank with (1) one coat of Dixie Asphalt Tank Reliner, and also insulate seams and rivet heads on inside of tank. This paint will pass Federal Government Board of Health tests as being tasteless and non-poisonous; will expand and contract with heat or cold; will not chip, crack or peel, and will resist electrolysis, alkaline, iron or other minerals that are in the water. Water can be put in tank 24 hours after painting. The inside or under side of roof and spider rods are to be 5 painted with exterior paints, one primer coat and one finish coat. 1—(c)—The Company shall paint the exterior of the tank, tower, riserpipe, all from the foundation up, with (1) one spot coat and (1) one finish coat of paint. All exterior paint is to be furnished by the First Party, but the quality of paint furnished by First Party is to be approved by the Company. o s , w 1-(d)—The Company agrees to .furnish all labor, welding rods, and interior paint, necessary under this contract. The First Party agrees to furnish all electric current necessary to perform this contract, and also to furnish replacement steel, exterior paint, and .all Zother materials necessary to perform the contract; but all of such materials which are to be furnished by the First Party shall be subject to approval as to quality by the Company. 2—The First Party shall pay to the company, upon completion of the work agreed to be performed, the sum of d$ 1�• L . Q? a which shall be in full for all work performed and agreed to be Rperformed by the Company under this contract.. 93 a 3—The Company specifically requests the First Party to have its inspector in the tank- at all times while work is in progress, o and First Party agrees to notify the Company of any defects in workmanship and if any such defects shall arise while the work is in progress, or during the period of the guarantee hereinafter mentioned; and the Company agrees to make all proper adjustments within a reasonable length of time after such notice, all such proper adjustments to be without cost from the Company. 4—It is agreed that the Company shall have the right to install a manhole in the tank for ventilation and safety purposes at our prevailing prices if one is not already installed. n O d 5—In the event a cathodic or electrolytic, device',is installed in , the tank `after tiie ,-repairs; are made and while the warranty and provisions of the contract shall be in force, then the installation of, such device shall terminate the guarantee, and shall operate to release v inthe Company from any further liability by reason of this contract. d a 6—The Company agrees to furnish all necessary tools: and equipment, ,and agrees to carry full coverage of Workmen's Compen- sation and Contractor's Public Liability Insurance, and agrees to furnish verification to the First Party that such insurance policies are in force and effect if the: First Party: s}lail request it. 7—The First Party agrees.to.make all arrangements for;the Company to have entrance to the premises and ample ground space for` its"' ulpmeilf and°men to do the above described 'work,' ati'"the location of the tank, and shall keep the premises clean and shall remove all trash and used materials placed there by the Company during the..perfarmance of -.:this contracts- _ s- t arty shall report any disorderly con- duct of the foreman and men by collect to egram to the Memphis ;Off}ce and the Company shall remove them immediately upon such notification. The First Party, after work of any nature is done in ,a tank, is charged With satisfying himself .that the tank interior is clean and �.. f .. before a tank is',+restored to', service, it is. the :.ultimate ' res onsibilit of theFirst First'Party--either- either• to ire,_ the tank"lean tank thoroughly sanitar ' before ' the tank is . returned to • sei vice.' Althou h, the' Company , may -fie` re uired by its contract ''to c p y; y_ g a final' field inspection E or to require such laboratory tests of the quality of water held (for test purposes) in the tank as will derr}onstrate the: good sanitary 6 condition of the tank interior. If work is done to the entire satisfaction of First Party, First Party shall give the Company a letter of recommendation to that effect. If not First Party is to notify the Company by collect telegram at their Memphis, Tennessee, Office and Company will see that all work is done to First Party's entire satisfaction as per contract. The Company shall keep the premises clean and shall remove all trash and used materials placed there by the Company during the, performance, of this contract. n. Si' .... .�,. .... !ti 8—The Company upon payment for the work .performed` uriderr this contract :being-'r66eiVed atACohlpany's ,Memphis,'Tennessee,, Office will issue its Standard Form of Warranty warranting all repair work and painting in the performance of this contract under.. the provisions of the Company's Standard Form of Warranty. No warranty will be issued and no warranty of guarantee shall be binding -upon the•Company until.•,full payment: under,,; this contract„is received by ;Company at;its- Memphis, Tennessee; Office. The guarantee on the painting of the interior shall be for a period of (3) three years and (6) six years on the exterior providing ,tank is :forty miles inland from the Atlantic Ocean, Pacific Ocean or Gulf of Mexico coast line, if not the exterior will be guaranteed for only (3) three years, ++ and the guarantee on the repair work shall be for (12) twelve years from the date of repairs under the contract completed, provided o First Party pays the Company their prevalent prices throughout United States at that time for labor and material for painting of said tank on the interior or exterior, at the expiration of the guarantee on the painting. If Company does , rpt re -paint tank as outlined above, the guarantee on the repairs and painting will become null and void. Tank will'be' inspected at the time of the repainting (3) three years from the completion of contract or when notified by First Party of any defects and all necessary adjustments made to ,repairs 0 on all of our guarantee work, if any, at that time without extra cost to the tank owner for•repait+s. w L. As a part of this warranty or guarantee and of this contract, the Company agrees to make necessary adjustments thereto, on all of Company's guaranteed work without cost from the Company to the First Party,,. warraz)ty,,,wjll,,continue for -;.another. (3) three years 0 on the interior and (6) six years on the exterior in the event the Company shall repaint said tank at tlfe 'expiration of (3) three years on the interior and at the expiration of (6) six years on the exterior from the completion of the work done under this contract as out- , lined above. 0 W9—First Party further agrees to drain tank and make the same available for work of adjustment crew, within 24 hours after 3 notification by Company adjustment crew has arrived to make adlustments aslregorted;bY I4irst Pwgy,.and failure, to,do so shall forth- 3 with effect a cancellation of this guarantee of this contract and of the warranty. d d _ a 10—It is agreed that the First Party shall pay the Company at the rate of ($30.00) thirty dollars per `crew hour for any delays or waiting time including waiting for payment after work is completed or other delays which may be' caused by the First Party, which Eshall be in addition to the sum set forth in paragraph (2). Waiting time is to be computed at the rate of (8) eight hours per day out ^ of every (24) twenty-four hours as defined by a calendar day. Such waiting time is not to be effective for (8) eight hours after they Company has notified the First Party that the crew is ready to start work or has completed work. However, this waiting time clause_ shall become effective within (8) eight hours after the First Party has been notified the crew is ready to work or has completed work if any delay is then caused by the First Party. 11—It is :understood. --and agreed by the parties that, no inspection has been made' by the ,Company „of. the: concrete footings founda- o,tion or building that, tank may rest on,.and.no work,,.whateger has,been.done thereon by -the Company, and any defects therein —either 1.. % latent or patent —are expressly excluded the contract and warranty and are the sole responsibility of the .First from the provisions of E4'd C Party. Company does not guarantee the riser pipe, expansion joint, float or frost jacket; of the tank ' or any of "its work "thereto' as Com- opany is not protected against possibility of First Party failing to take" necessary precautions iri' freezing weather and other factors over which Company has no control. 12—The party or parties signing this contract on behalf of the First Party covenant and agree that they are fully authorized and empowered to sign, execute and deliver the same, and that all legal requirements have been fully complied with. 13—No verbal agreements or representations, not incorporated in this contract, shall be binding on either party, as this contract contains the entire agreement. It is agreed that any construction of this contract shall be governed by the laws of Tennessee. Board of Trustees or Water Committee Dated this day of A.D., 19 Attest: City Jerk, DIXIE TANK & BRIDGE CO. ;y Authorized Agent this contract must be countersigned by W. A. Riley before it is binding on the Company. 0 i Dated this—1 1 if day of A.D., 19_L1_> Attest: DIXIE TANK & BRIDGE CO. Dixie's Nationwide Service Satisfies 3523 LAMAR AVENUE Mailing Address: Post Office Box 14 MEMPHIS 1, TENNESSEE TELEPHONES — FAIRFAX 3-2671 . FA 3-2672 . FA 3-2673 . FA 3-2674 . FA 3-2675 November 28, 1958 City of Faixhope Fairhope,.Alabama Attention: Arthur Mannich Chairman of Water Committee Gentlemen: Enclosed you will find statement in triplicate covering the cleaning, scaling, inspecting,.painting and repairing of your 75,000 gallon water tank. On completion of this work please make check payable to the Dixie Tank and Bridge Company and turn over to our foreman, Mr. George W. Kiestler. Very truly yours, DIXIE TANK AND BRIDGE COMPANY W. A. Riley, residen� WAR/mc Enclosures 1�ixiE is L&- YatgFit Bank c�?Epaiz anti :-aintEnancE Lfomliany in LL 2lnitEcl c tcitEs TELEPHONES DIXIE TANK & BRIDGE COMPANY LErHONES FAIRFAx 3.2671, FA 3-2672, FA 3 LAMAR AVENUE FAIRFAlt FA 3-2670, FA 3.2676 MAILING ADDRESS POST OFFICE BOX 14 MEMPHIS 1, TENNESSEE Dixie's Nationwide Service Satisfies NVOICE November 28, 19 58 CITY OF: Fairhope Fairhope, Alabama Re: Your 75#000 gallon water tank Tank located at Fairhope, Alabama Attention: Arthur Mannich Terms: Net — No discount Cleaning, scaling, repairing and painting your 75,000 gallon water tat .. per contract dated November 280 1958. 3,050.00 Upon completion and acceptance of the above work, please make check payable to the Dixie Tank and Bridge Company and turn over to our foreman Mr G. W. Kiestler y ^� DIXIE TANK AND BRIDGE COMPANY President r r F _ ��d ,- ..j �,0, 'e..t ,o a4 bixic h tfic L0.49Eit J as GRz#aft and ,:;/Raintznanaz doIi1/2an y in the ' UnitzdStatFs TELEPHONES DIXIE TANK & BRIDGE COMPANY LErNONES FAIIeFAx 3.2671, FA 3.2671. FA 3 LAMAR AVENUE Mnrttx FA 3-2675, FA 3-2676 MAILING ADDRESS POST OFFICE BOX 14 MEMPHIS 1, TENNESSEE Dixie's Nationwide Service Satisfies INVOICE November 28, 19 58 CITY OF: Fairhope Fairhope, Alabama Re: Your 75,000 gallon water tank Tank located at Fairhope, Alabama Attention: Arthur Rannich -Terms: Net — No discount Cleaning, scaling, repairing: and painting your'75,,000 gallon water tom; pbr contract dated November 28, 1958. $3,050,00 Upon completion and acceptance of the above work, please make check payable to the Dixie Tank and Bridge Company and turn over to our foreman Mr. G. W. Kiestler DIXIE TANK AND BRIDGE COMPANY �j -A-J^ President £ I;. C: ME b rcf r€[ L•IX:" V p;XlE T LlX�r 1i C x1t ` CIXIF ° i'Xi I C:tX" .«NM. i ; bixiE i2 du Lasyest J a► k _1?&#al2 and aVaintznanCE Cool z#an y in ffiE ' UnitEd C tatz& TELEPHONES DIXIE TANK & BRIDGE COMPANY LEPHONES FAIRFAx 3•2e71, FA 3•E672, PA a LAMAR AVENUE FAIRFAX FA 34675, PA 3.E676 MAILING ADDRESS Posr OFFIcE Box 14 MEMPHIS 1, TENNESSEE Dixie's Nationwide Service Satisfies INVOICE Novwlmr 28, 19 58 CITY OF: Fairlwpe Fairhopel, Alabama Re: Your 75,E gallon water tank Tank located at Fairboy6o Alabama Attmitions Arthur I:e�ch Terms: Net — No discount CleazJM# 0Cal # repairivg and painting your 75,0M gallon water tank,, P6r' contract dated November 28, 1958. $3#050.00 Upon completion and acceptance of the above work, please make check payable to the Dixie Tank and Bridge Company and turn over to our foreman Mr G. W. Riestler DIXIE TANK AND BRIDGE COMPANY d President CIXf: Tij �,Xi: UIX11 T, CI7" L ©;X?£ " L"X. r,tXjE %NK b e It t r 5�ixiz h tfiz 1.,Lgr- t Jank Rz#aft anJ 4Y1aintanance .corn#any in de qtnited G�Eatz& THE CITY O WATERWORKS, ELECTRIC DISTRIBUTION SYSTEM, GAS SYSTEM AND SEW YSTEM C. B. NIEMEYER. CITY MANAGER MARIE MOORE. CLERK MAYOR CITY Of [AIRHOPI COUNCILMEN; CHARLES F. BELEW PHONE WA 8-9511 MARVIN O. BERGLIN FA I RHOPE, ALABAMA WALTER O. POSER WM. R. RUFFLES. JR. BARNEY L. SHULL November 28, 1958 D. C. JOHNSON, CHIEF OF POLICE WATER AND SEWER BOARD; A. C. MANNICH. CHAIRMAN R. ROY MOYERS R. R. TEAMER WM. R. RUFFLES, JR. GEORGE DYSON, SUPT. i I � u A CONTRACT BETWEEN THE CITY OF FAiRHOPE WATER BOARD, FAIRHOPE, ALABAMA, AND D I X IE TANK AND BRIDGE COMPANY, MEMPH I S TENNESSEE. To paint scat$ and repair City of IFairhope water tank and tower as out i fined in form; of Dixie Contract signed by Water Board Chairman, and by Mr. C. A.. Lindsey of Dixie Tank And Bridge Companyt. November 26, 1958. Total amount of lineal feet of flat welding 36 tatala amount of lineal feet of vertical welds g-- Le- coium Total amount of lineal feet of fingers to be we ded n ott Tatar amount of lineal feet of horizontal weldin Total amount of rivets to be welded, �5[3 Total amount of pits to be welded 300 Tightening of rods„ new steel, etc.p or any miscellaneous list below, Adjust all swaX rods,tie rode, spider rods, install one i man hole. Scale cleans ca nt interior and exterior of tank* For the sun of Three Thousand And Fifty Dollars. (Company/ of) (City of - By Mayor 01 XUthori;ed Agent card ;f Tru;t;;s or ater C6MM,Itree Dated this day Attests City C i erk" Auditor or ;Notary FORM O DIXIE TANK & BRIDGE COMPANY MEMPHIS, TENNESSEE Standard Form of Contract For Emergency Repairs (For use in all States) Authorized Agent THIS CONTRACT entered into for emergency repairs to water tanks, by and between Board of Trustees hereinafter known as First Party, and the Dixie Tank & Bridge Company, Memphis, Tennessee, hereinafter known as the Company. WITNESSETH: It is agreed that any and all contracts between the First Party and the Company prior to the date of this contract are merged into this contract, and this contract supersedes all previous agreements between the parties and is the sole contract between the First Party and the Company. It is understood and agreed between the parties that a thorough inspection has been made of the tank belonging to the First O Party and located at (excluding the footings or foundation of the tank) and that the repairs outlined in the following paragraphs have been agreed upon Iby the parties as being necessary and essential to restore the safety factor in tank. 1-(a)—It is understood and agreed between the parties that the Company shall do the following repair work and painting upon said tank for the,price hereinafter stated: Total amount of lineal feet of flat welding Total amount of lineal feet of vertical welding Total amount of lineal feet of fingers to be welded in bottom Total amount of lineal feet of horizontal welding Total amount of rivets to be welded Total amount of pits to be welded Tightening of rods, new steel, etc., or any miscellaneous list' below: 1-(b)—The Company shall paint the interior of said tank with (1) one coat of Dixie Asphalt Tank Reliner, and also insulate seams and rivet heads on inside of tank. This paint will pass Federal Government Board of Health tests as being tasteless and non-poisonous; will expand and contract with heat or cold; will not chip, crack or peel, and will resist electrolysis,. alkaline, iron or other minerals that are in the water. Water. can be put in tank 24 hours after painting. The inside or under side of roof and spider rods .are to be Spainted with exterior paints, one primer coat and one finish coat. c y - 1—(c)—The Company shall paint the exterior of the tank, tower, riserpipe, all from the foundation up, with (1) one spot coat and (1) one finish coat of paint. All exterior paint is to be furnished by the First Party, but the quality of paint furnished by First Party is to be approved by the Company. - 1-(d)—The Company agrees to furnish all labor, welding rods, and interior paint, necessary under this contract. The First Party w agrees to furnish all electric current necessary to perform this contract, and also to furnish replacement steel, exterior paint, and all other materials necessary to perform the contract; but all of such materials which are to be furnished by the First Party shall be ca z subject to approval as to quality by the Company. 2—The First Party shall pay to the company, upon completion of the work agreed to be performed, the sum of 4. $ which shall be in full for all work performed and agreed to be performed by the Company under this contract. a 3—The Company specifically requests the First Party to have its inspector in the tank at all times while work is in progress, c and First Party agrees to notify the Company of any defects in workmanship and if any such defects shall arise while the work is in yprogress, or during the period of the guarantee hereinafter mentioned; and the Company agrees to make all proper adjustments within 06 a reasonable length of time after such notice, all such proper. adjustments to be without cost from the Company. 4—It is agreed that the Company shall have the right to install a manhole in the tank for ventilation and safety purposes at our prevailing prices if one is not already installed. 0 O O . t y 5—In the event a cathodic or electiol3 tic, device, is installed in the tank' after• the iepairs are made and while the warranty and 2 provisions of the contract shall be in force, then the installation of such device ;shall terminate the guarantee, and shall operate to release U the Company from any further liability by reason of this contract. r ;- d a 6—The Company agrees to furnish all necessary tools and equipment, .and agrees to carry full coverage of Workmen's Compen- 1. sation and Contractor's Public Liability Insurance, and agrees to furnish verification to the First Party that such insurance policies are in force and effect if the First Party shall request it. 7—The First Party, agrees to make all arrangements. for. the Company to have entrance to the premises and ample ground space for its equipment and men to do the above described work, at the location of the tank, and shall keep the premises clean and shall remove all trash and used materials placed there by the Company during the performance of, this contract. Agreed if First Party fails to block off all streets, alleys and other areas, in tank area and keep all cars and trucks off this area to prevent falling paint from damaging trucks and cars; First Party agrees to hold Company harmless from all damage thereto. First Party shall report any disorderly con- duct of the foreman and men by collect telegram to the Memphis Office and the Company shall remove them immediately upon such notification. The First Party, ,after. work of any nature is done in a, tank, is ;charged with satisfying himself that the tank interior is clean and sanitary before- the tank'is 'returned to service. Although the' Company may be ,required by ,its contract to clean tank thoroughly N before a tank is restored to service; it is -the ultimate' responsibility 'of the First Party either to give the tank' a final field inspection 8 or to require such laboratory tests of the quality of water held (for test purposes) in the tank as will demonstrate the good sanitary L condition of the tank interior. If work is done to the entire satisfaction of First Party, First Party shall give the Company a letter of a' recommendation to that effect. If not First Party is to notify the Company by collect telegram at their Memphis, Tennessee, Office and Company will see that all work is done to First Party's entire satisfaction as per contract. The 'Company shall keep the premises clean and shall remove all trash and used materials placed there by the Company during the performance of this contract. 8—The Company upon payment for the work' performe$` under this oontract being received at'" Company's Memphis; Tennessee;; Office will issue its Standard Form of Warranty warranting all repair work and painting in the performance of this contract under the provisions of the Company's Standard Form of Warranty. No warranty will be issued and no warranty of guarantee shall be binding upon the. Company until `full payment ;under -this contract is —received-by Company �at its iMerriphis, Tennessee} Office.' The guarantee on the painting of the interior shall be for a period of (3) three years and (6) six years on the exterior providing tank is. forty miles inland from the Atlantic Ocean, Pacific Ocean or Gulf of Mexico coast line, if not the exterior will be guaranteed for only (3) three years, +• and the guarantee on the repair work shall be for (12) twelve years from the date of repairs under the contract completed, provided ca First Party pays the Company their prevalent prices throughout United States at that time for labor and material for painting of said mtank on the interior or exterior, at the expiration of the guarantee on the painting. If.,.Company. does not -re-paint, tank, as. outlined above, the guarantee on the repairs and painting will become null and void. Tank will be inspected at the time of the repainting (3) three years from the completion of contract or when notified by First Party of any defects and all necessary adjustments made to repairs 0 on all of our guarantee work, if any, at that time without extra cost to the tank owner for repair's'. a� w As a part of this warranty or guarantee and of this contract, the Company agrees to make necessary adjustments thereto, on all � of Company's guaranteed work without cost from the Company to the First Party, warranty. will. continue for::another (3) three years 0 on the interior and (6) six years on the exterior in the event the Company shall repaint said tank at the expiration of (3) three years on the interior and at the expiration of (6) six years on the exterior from the completion of the work done under this contract as out - ;..lined above. r .+ C p., m 9—First Party further agrees to drain tank and make the same available for work of adjustment crew, within 24 hours after notification by Company adjustment crew has arrived to make adjustments as :reported by FirsV Party, and failure to do so shall forth- 3 with effect a cancellation of this guarantee of this contract and of the warranty. d H p� 10—It is agreed that the First Party shall pay the Company at the rate of ($30.00) thirty dollars per crew hour for any delays or waiting time including waiting for payment after work is completed or other delays which may be caused by the First Party, which shall be in addition to the sum set forth in � paragraph (2). Waiting time is to be computed at the rate of (8) eight hours per day out - of every (24) twenty-four hours as defined by a calendar day. Such waiting time is not to be effective for (8) eight hours after the q Company has notified the First Party that the crew is ready to start work or has completed work. However, this waiting time clause =c6 shall become effective within (8) eight hours after the First Party has been notified the crew is ready to work or has completed work i� if any delay is then caused by the First Party. 11—It is understood and agreed • by -the parties that no inspection has been made by the Company of the concrete footings founda- p tion or building that tank may rest on, and no. work whatever has been done thereon by .the Company, and any defects therein —either % latent or patent —are. expressly excluded from the provisions of the contract. and warranty and are the sole responsibility_ of the First Ho Party. Company does not guarantee the riser pipe, expansion joint, float or frost jacket of the tank, or any of its work thereto as Com- �o pany is not protected against possibility of First Party failing to take necessary precautions in freezing weather and other factors over which Company has no control. 12—The party or parties signing this contract on behalf of the First Party covenant and agree that they are fully authorized and empowered to sign, execute and deliver the same, and that all legal requirements have been fully complied with. 13—No verbal agreements or representations, riot incorporated in this contract, shall be binding on either party, as this contract contains the entire agreement. It is agreed that any construction of this contract shall be governed by the laws of Tennessee. (Company of) (City of ) By Mayor or Authorized Agent Board of Trustees or Water Committee Dated this day Attest: A.D., 19 . By. DIXIE TANK & BRIDGE CO. Authorized Agent This contract must be countersigned by W. A. Riley before it is binding on the Company. Dated this day Attest: A.D., 19 City Clerk, Auditor or Notary d 5--In the event a cathodic or electrolytic. ;device_ is installed ' in the tank aftei.Ahe repairs are made and while the warranty and •s provisions of the contract shall be in force, then the installation of such device shall terminate the guarantee, and shall operate to release v A the Company from any further liability by reason of this -contract. r 6—The Company agrees to furnish all necessary tools and equipment, and agrees to carry full coverage of Workmen's Compen- 2 sation and Contractor's Public Liability Insurance, and agrees to furnish verification to the First Party that such insurance policies are C in force and effect if the First Party shall request it. 7—The First Party agrees .to make all arrangements for the Company to have entrance to the premises and ample ground space for its equipment'and men to do the above described work; at -the location of the tank, and shall keep the premises clean and shall remove all trash and used materials placed there by the Company during the performance of this contract. duct the foreman and men by collect telegram to the Memphis Office ,and the Company shall remove them immediately upon such notification. tion. The First Party, after work of any nature is done in a tank, is charged with satisfying himself that the tank interior is clean and sanitary before the tank is returned to service..- Although'.the,:Company may be :required by its contract to clean tank thoroughly before.; :-a tank is restored to, service,. it. is- the ultimate,. responsibility, of the. First Party either. to; give the tank a final field inspection E or to require such laboratory tests of the•quality of ,water held (for test purposes) in the tank as will demonstrate the_, good sanitary t. condition of the tank interior. If work is done to the entire satisfaction of First Party, First Party shall give the Company a letter of n' recommendation to that effect. If not First Party is to notify the Company by collect telegram at their Memphis, Tennessee, Office and Company will see that all work is done to First Party's entire satisfaction as per contract. The Company shall keep the premises clean and shall 'remove alI'trash and used materials played there by the Company during the performance of this contract. 8—The Company upon payment for the work -performed, under... this, contract being -received at Company's, Memphis, Tennessee, Office will issue its Standard Form of Warranty warranting all repair work and painting in the performance of this contract under the provisions of the Company's Standard Form of Warranty. No warranty will be issued and no warranty of guarantee shall be binding upon the Company, ,until, full payment. under •this, contract is ,received ,.ley Company at , its Memphis, Tennessee, , Office. The guarantee on the painting of the interior shall be for a period of "(3) 'tl'f'ree years and (6) six years on the exterior providing tank is forty miles inland from the Atlantic Ocean, Pacific Ocean or Gulf of Mexico coast line, if not the exterior will be guaranteed'for only (3) three years, and the guarantee on the repair work shall be for (12) twelve years from the date of repairs under the contract completed, provided First Party pays the Company their prevalent prices throughout United States at that time for labor and material for painting of said tank on the interior or exterior, at the expiration of the guarantee on the painting. If Company,, does, not re -paint tank as outlined above, the guarantee on the repairs and painting will become null and void. Tank will be' inspected at the time of the repainting (3) three years from the completion of contract or when notified by First Party of any defects and all necessary adjustments made to repairs 0 on all of our guarantee work, if any, at that time without extra cost to the tank owner fonrepairs. , L. As a part of this warranty or guarantee and of this contract, the Company agrees to make necessary adjustments thereto, on all a of Company's guaranteed work without cost from the Company to the First Party, warranty will continue for another (3) three,, years 0 on the interior and (6) six years on the exterior in the, event the Company shall repaint said' tank- at' the -expiration of (3) three years on the interior and at the expiration of (6) six years'on the exterior from the completion of the work done under this contract as out- lined above. a 9—First Party further agrees to drain tank and make the same available for work of adjustment' crew,' within 24 hours after notification by Company adjustment crew has arrived to make adjustments as reported by First Party, and failure to do so shall,forth- o with effect a cancellation of this guarantee of this contract and 'of the warranty. d m a 10—It is agreed that the First Party shall pay the Company at the rate of ($30.00) thirty dollars per crew hour for any delays or waiting time including waiting for payment after work is completed or other delays which may be caused by the First Party, which shall be in addition to the sum set forth in paragraph (2). Waiting, time is to be computed at the rate of (8) eight hours per day out, 1; 4 of every (24) twenty-four hours as defined by a calendar day. Such` waiting time is not to be effective for (8) eight hours after the! - Company has notified the First Party that the crew is ready to, start work or has completed work. However, this waiting time clause;; gip, shall become effective within (8) eight hours after the First Party has been notified the crew is ready to work or has completed work 3 if any delay is then caused by the First Party. 11—It is understood and, agreed by the parties that no. inspection has been made by the Company of the concrete footings founda- tion or building that tank may rest on, and no work whatever has been done thereon by the Company, and any defects thercin—either m latent or patent —are expressly excluded from the provisions of the contract and 'warranty and are the sole responsibility of the First E, iParty. Company does not'guarantee'the riser pipe, expansion joint, float or frost jacket of the tank, or any of its work thereto as Com- 4 pany is not protected against possibility of First Party failing to take necessary precautions in- freezing weather and other factors over which Company has no control. 12—The party or parties signing this contract on behalf of the First Party covenant and agree that they are fully authorized and empowered to sign, execute and deliver the same, and that all legal requirements have been fully complied with. 13—No verbal agreements or representations, not incorporated in this contract, shall be binding on either party, as this contract contains the entire agreement. It is agreed that any construction of this contract shall be governed by the laws of Tennessee. (Company of) DIXIE TANK & BRIDGE CO. (City of ) By Mayor or Authorized Agent By orized Agent This contract must be countersigned by W. A. Riley before it is binding on the Company. Board of Trustees or Water Committee Dated this day of A.D., 19 ��pr Attest: Dated -this- Z day of d A.D., 1 Attest: City Clerk, Auditor or Notary FORM O DIXIE TANK & BRIDGE COMPANY MEWMS, TENNESSEE z Standard Form of Contract For Emergency Repairs (For use in all States) Authorized Agent �4HIS CONT ACT entered into for emergency repairs to water tanks, by and between Board of Trustees —, hereinafter known as First Party, and the Dixie Tank & ridge Company, Memphi Tennessee, hereinafter known as the Company. WITNESSETH: It is agreed that any and all contracts between the First Party and the Company prior to the date of this contract are merged into this contract, and this contract supersedes all previous agreements between the parties and is the sole contract between the First Party and the Company. It is understood and agreed better en the parties that a thorough inspection has been made of the tank belonging to the First R wParty and located at (excluding the footings or foundation of he tank) and that the repairs outlined in the following paragraphs have been agreed upon jby the parties as being necessary and essential to restore the safety factor in tank. 1-(a)—It is understood and agreed between the parties that the Company shall do the following repair work and painting upon said tank for the price hereinafter stated: Total amount of lineal feet of flat Total amount of lineal feet of vertical Total amount of lineal feet of fingers to be welded in botto*n Total amount of lineal feet of horizontal welding V Total amount of rivets to be welded Total amount of pits to be welded Q Tightening of rods, new steel, etc., or any miscellaneous list below: 1-(b)—The Company shall paint the interior of said tank with (1) one coat of Dixie Asphalt Tank Reliner, and also insulate seams and rivet heads on inside of tank. This paint will pass Federal Government Board of Health tests as being tasteless and non-poisonous; will expand and contract with heat or cold; will not chip, crack or peel, and will resist electrolysis, alkaline, iron or other minerals that are in the water. Water can be put in tank 24 hours after painting. The inside or under side of roof and spider rods are to be 5 painted with exterior paints, one primer coat and one finish coat. A A y 1—(c)—The Company shall paint the exterior of the tank, tower, riserpipe, all from the foundation up, with (1) one spot coat and (1) one finish coat of paint. All exterior paint is to be furnished by the First Party, but the quality of paint furnished by First Party is to be approved by the Company. A 1-(d)—The Company agrees to furnish all labor, welding rods, and interior paint, necessary under this contract. The First Party C agrees to furnish all electric current necessary to perform this contract, and also to furnish replacement steel, exterior paint, and all other materials necessary to perform the contract; but all of such materials which are to be furnished by the First Party shall be subject to approval as to quality by the Company. 2—The First Party shall pay to the company, upon completion of the work agreed to be performed, the sum of y$ So O which shall be in full for all work performed and agreed to be performed by the Company under this contract. aA,> �- F- Tf/c �� A N� A�.� �h�% 3—The Company specifically requests the First arty to have its inspector in the tank at all times while work is in progress, oand First Party agrees to -notify the Company of any defects in workmanship and if any such defects shall arise while the work is in d progress, or during the period of the guarantee hereinafter mentioned; and the Company agrees to make all proper adjustments within a reasonable length of time after such notice, all such proper adjustments to be without cost from the Company. 4—It is agreed that the Company shall have the right to install a manhole in the tank for ventilation and safety purposes at our prevailing prices if one is not already installed. a O � � . - ` Form #2 TELEPHONES FAIRFAx 3-2671, FA 3-2672, FA 3-2673 City of Fairhope Fairhope, Alabama DIXIE TANK & BRIDGE COMPANY TELEPHONES FAIRFAx 3-2674, FA 3-2675, FA 3-2676 LAMAR AVENUE MAILING ADDRESS POST OFFICE BOX 14 MEMPHIS 1, TENNESSEE Re: 75,000 gal. elevated tank Dixie's Nationwide Service Satisfies October 18, 1958 Attention: Mr. Arthur Mannich, Chairman of Water Committee Dear Sir: Per the request of our representative enclosed you will find our contracts and our current publication that goes into full detail of our service. This pub- lication also lists hundreds of tank owners that we have served in the past whams we want you to feel free to write to in regards to our ability and integrity in doing a first class job at uniform prices the nation over. These tank owners will verify that our guarantee has been carried out 100 per cent. There is no way of determining the true condition of the inside of an ele- vated water tank until it has been drained, cleaned, scaled and all sediment has been removed. Then we are able to make a thorough inspection with your inspector, and accurately determine the exact repairs needed to the interior of the tank. The normal procedure on accurately determining the repairs is as follows: The tank owners contract with our firm to clean, scale, and paint the in- terior of the tank, and paint the exterior and to arrange to have their inspec- tor make inspection of tank with our inspector when interior of tank is scaled. Then we will submit another separate proposal itemizing the repairs, and sub- mitting one flat bid covering all repairs and painting. The tank owner then has the option of accepting or rejecting our companyto recommendation concerning the repairs, and in the event the recommendation is accepted, the tank is recondition- ed according to the proposal.. -and is then guaranteed for a period of 12 years on the repairs, and painting three years on the interior and six years on the ex- terior, providing the tank is painted every three years on the interior and every six years on the exterior by Dixie Tank and Bridge Company at their prevailing prices at that time, throughout the United States. The six year guarantee on ex- terior will be in effect providing the tank is 40 miles inland from any coast- line.. In the event the proposal concerning the repairs, or any portion thereof, is rejected, for any reason the tank owner or the company deems necessary, a Release of Guarantee is signed by the tank owner, relieving the Dixie Tank and Bridge Company of its guarantee, and all responsibility in regard to the safety of the tank and structure. You will note that under the standard procedure both the tank owner and the company know exactly the amount of work to be done, and the price of same to be agreed beforehand, before any repair work is done. Dixie to furnish interior and exterior paint. Labor and material for installing manhole $75.00. Jbix!- i� t& Laa9sat Srank �E�ah and �aintznancF_ 6ompany in tfir �nitEd cstatEs J TELEPHONES DIXIE TANK & BRIDGE COMPANY LEPHONES FAIRFAx 3-2671, FA 3-2672, - 673 FAIRFA - 74, FA 3-2675, FA 3-2676 LAMAR AVENUE MAILING ADDRESS POST OFFICE BOX 14 MEMPHIS 1, TENNESSEE Dixie's Nationwide Service Satisfies We always recommend that you use the standard procedure. We have standard prices for cleaning, scaling, inspecting, and painting the interior and exterior on all sizes of water tanks. The tank owner can either have Dixie furnish the exterior paint or in select- ing and buying his exterior paint can always rest assured that if he buys any leading paint manufacturer's first grade metal primer and metal finish coat, that we will back our guarantee on his recommendation. We always quote a lump sum price on welding seams, rivets and pits or replac- ing with new steel, sway rods, leg columns, cross beams, sheet steel, roof supports or any other replacements necessary. The amount of repairs is itemized and the cost is stipulated on a contract before this work is initiated. We use a full fillet weld which restores twenty per cent more safety factor to the tank than it had when originally built. A stringer weld, which is used by Jackleg Repairmen to give a cheap price, does not restore the safety factor to your tank and only takes about one fourth of the labor and material required in a full fillet weld. We would be very glad to do this work for you and know you will find our price right, our equipment the best, and our tank crews very efficient. Our crews when required will work Itround the clock" three eight hour shifts in order to complete the work in a minimum of time. No company `is better equipped to do this work of cleaning, scaling, painting, and repairing, than we are. We have complete machine shops on wheels in your territory with plenty of rigging and all other necessary equipment to do a complete job. We'also have all of the required insurance coverage, such as Public Liability, Property Damage, Workmen's Compensation, etc. and all of our finished work is insured to the Dixie Tank and Bridge Company by the Great American Indemnity Company of New York City, New York. Thanking you for all considerations extended to our company and hoping to have the pleasure of serving you, we remain, Respectfully yours, DIXCE TANK AND BRIDGE COMPANY W. A. Riley, Pre en WAR:bjs Enclosures ( ` E D10 ' 3 DWE i a _44 D'VE T ' 4 +fi ma's tWZ T� S 1)mE T$ D3XIE T �� 41 i:�. �'t UNlt 1, 1 DIXiE l I �yW ° £11XIE TANK, i P, %, fir. a s$4 t 44 k "�1 ��� bixiE i2 t4e L.asgait Sank d?z#aE2 and AaintEnanc'E &m#any in SIZE Wnitzd �S-tatEs �,. FORM NO. B L IE TANK & BRIDGE COMPA MEMPHIS, TENNESSEE CONTRACT FOR CLEANING, INSPECTING AND PAINTING Authorized Agent This contract entered into by and between Board of Trustees City of Fairhope hereinafter known as First Party and the Dixie Tank & Bridge Company, Memphis, Tennessee, hereinafter known as the Company, to do the following described work for First Party on its 75.000 gallon standpipe ❑ ground ❑ elevated ® water tank located at Fairhope " Alabama 1.—Company will rig and clean the interior of the tank, so inspection can be made together with the inspec- tors of First Party to determine what, if any, repairs are necessary. Company shall have the right to install man- hole in the tank for ventilation and safety purposes at our prevailing prices if one is not already installed. 1. a —Company will furnish all labor and material to paint the interior of said tank with one (1) coat of Dixie Asphalt Tank Reliner. This paint will pass Federal Government Board of Health tests as being tasteless and non- poisonous, will expand and contract with heat or cold, will not chip, crack or peel, and will resist electrolysis, alka- line, iron or other minerals that are in the water. Water can be put in tank 24 hours after painting. The underside of roof and spider rods are to be painted with exterior paint, one primer coat and one finish coat. 1. b—Company will remove all loose rust and paint from exterior of tank, apply one (1) spot coat to all bare metal, and apply one (1) complete coat of paint to the exterior of tank, tower, riserpipe, all from the founda- tion up. All exterior paint is to be furnished by WtUCV8YQA~the Company. For the above described work the total sum of $800.00 is to be paid upon completion and approval of work. 2.—After tank has been inspected, Company will submit a flat sum bid for all such repairs as may be neces- sary. This bid will be submitted to First Party and a written repair contract embodying the specific amount of work to be done and the entire price to be paid shall be entered into by the Company and First Party before any repair work is done if First Party decides to do the repair work. It is agreed that if First Party or the Company decides not to do the painting first party shall pay the company one-third of the contract price as set out in paragraph 1b. 3.—First Party agrees to drain tank within twenty-four (24) hours after being notified that crew has arrived. Company agrees to furnish inspector at all times and First Party has the right to have an inspector in the tank at all times, or whenever it is convenient for them to do so. The Company shall keep the premises clean and shall remove all trash and used materials placed there by the Company during the performance of this contract. The Company agrees to make yearly inspection and also adjustments, if any, without cost or obligation to the First Party, from the date of completion of the work under this contract, and Company's guarantee will be for three (3) years on the interior coating and six (6) years on the exterior painting and twelve (12) years on repairs. 4.—If the repairs are not done as agreed upon in the proposal of the Company to the First Party, then the provision with reference to the guarantee; shall be inoperative and the Company shall not be responsible for any leaks in the tank, or for the structural soundness of the tank, and the First Party agrees to sign the Company's Standard Form of Release of Liability and Guarantee. 5.—The Company agrees to furnish all necessary tools and equipment, and agrees to carry Workmen's Com- pensation and Contractor's Public Liability Insurance, and agrees to furnish verification to the First Party that such insurance policies are in force and effect if the First Party shall request it. First Party agrees to make all arrangements for the Company to have entrance, parking and ground space for equipment and men to do the above described work at the tank. If work is done to the entire satisfaction of First Party, First Party shall give the Company a. letter of commendation to that effect. If not, First Party is to notify the Company by collect telegram or collect telephone call at their Memphis, Tennessee, Office, and Company will see that all work is done to First Party's entire satisfaction as per contract. 6.—Parties signing this contract in behalf of First Party covenant and agree that they are fully authorized and empowered to sign, seal, deliver and execute the same and that all legal requirements have been fully com- plied with. No verbal agreements or representations not incorporated in this contract shall be binding on either party as this contract contains the entire agreement. Dixie to furnish interior and exterior paint. Labor and Material for installing manhole $75.00 GOORMW-Ngi City of Fairhope City QfN By Mayor m- nz gent By li ran^, -Board of TrusteeA or Water Committee City Cler Dated this 2/,-ay of D.19 S DIXIE TANK & BRIDGE CO. S. A. Hamilton Authorized Agent This contract must be countersigned by W. A. Riley before it is binding on the Company. Pregident Dated this 18 day of October , A.D., 19