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HomeMy WebLinkAbout05-11-1948 Regular Meetingra STATE OF ALAB M County of Baldwin The Town Council of the Town of Fairhope met in regular session at the Town Mall Tuesday May 11, 1948 with the following members present: Mayor, Howard Ruge, Council- men: J. H. Bennett, C. A. Gaston, H..P. Kamper, V.I. 0. Keeble and J. 0. Stimpson. The minutes of the previous regular meeting were read and approved. The following bills were allowed Stanton Stanionery Co., Gen. $ 3.79 Ruffles, Gen. 1.17 W. A. Boller, Gen. 77.84 Motor Clinic, Gen. 22.51 McKean Store, Gen. 2.43 M & S Service Station, Gen. 1.50 Fairhope Hardware -and Supply Co., Gen. 4*.o8 Albert Lyons, Gen. 64.15 Ruge Service Station, Gen. 37.45 The Fairhope Courier, Gen. 20.05 Eastern Shore Machine Shop, Gen. 4.00 Gaston Motor Co., Gen. 6.01 W. S. Darley & Co., Gen. 41.40 The Texas Co., Gen. 195.67 Ruffles, Elec, 1.26 Neptune Meter Co., Elec, 9.48 Riviera Utilities (Power) Elec. 2287.60 McKean Store, Elec. 2.50 Fairhope Hardware and Supply, Elec. 14.00 Fuel Oil Supply Co., Elec. 451.50 Gaston Motor Co., Elec. 1.50 Riviera Utilities, Elec, 563.70 Ruffles, W & S 58.71 Neptune Meter Co., W & S 47.53 Mueller Co., W & S 666.75 May Supply .Co., W & S 16.52 Standard Equipment Co., W & S 85.74 Badger Meter Co., W & S 355.92 McKeans Store, W & S .73 Fairhope Hardware & Supply Co., W & S 47.30 Johnston Coal Co., W & S 36.75 Ala. Marble Co., W & S 10.00 Klumpp Motor Co., W & S 14.75 Dro-Test Corp. W & S 233.49 Ala. Wood Preserving Co., W & S 510.50 Matthews Elec. Supply, W & S 227.92 Turner Supply Co., W & S 8.17 Sangamo Elec. Co., W & S 164+.38 Line Material Co., W & S 125.56 Pay Roll for month of April, 1948: Howard Ruge, Mayor Gen. 100.00 Elec. 165.00 'W & S 6o.00 R. C. Yohn, Gen. 220.00 Marie Moore, Gen. 150.00 M. D. Cox, Gen. 210.00 Pay Roll Cont'd. J. N. Pope, Gen. $210.00 Floyd Phillips, Gen. 185.00 J. H. Arnold, Gen. 185.00 E. E. Newell, Gen. 160.00 W. C. Beebe, Gen. 50.00 Raymond Stapleton, Elec. 220.00 J. P. Bailey, Elec. 220.00 Marvin Nichols, Elec, 215.00 Earl Howes, Elec. 190.00 H. W. Odom, Elec. 190.00 George Dyson, W & S 220.00 Councilmen: J. H. Bennett 10.00 C. A. Gaston 10.00 H. P. Kamper 10.00 W. 0. Keeble 10.00 J. 0. Stimpson 10.00 Road Department $1004.26 Electric Department 435.36 Water and Sewer 508.70 Donations: Organic School Elec. 25.57 W & S 6.70 Public School Elec. 36.93 W & S 2.90 Public Library Elec. 4.47 W & S 2.00 Country Club Elec, 1.11. Commings Hall Elec. 14.85 W & S 2.80 White Way Lights 50.55 Red Cross Bldg. W & S 2.00 Ball Park W & S 1.50 Councilman Bennett moved the adoption of the following resolution, seconded by Councilman Stimpson. Motion by Council C. A. Gaston seconded by Councilman H. P. Kamper that the Town contribute $10.00 to the Crippled Chilcfrens Fund and $10.00 to the American Cancer Foundation. Motion carried. It was duly moved and seconded that the meeting adjourn. Approved Mayor Atte Cle k 0 22/_ 2� On Motion by '� '�� seconded by the following resolution was unanimously adoptedx Be it resolved that the Mayor be and is hereby authorized and directed to enter into the following contract with the Fairhope Athletic Association, to -wit: G k STATE OF ALABAMA BA LDS?IN COUPiTY / THIS MORANDUM OF AGREF.'..P7 made and entered into on this the ay of , 1948, by and between the Town of Fairhope acting through and by Hwward Ruge,its 11ayor, being hereto duly authorized by the Town Council of the Torn of Fairhope by a Resolution duly entered on the linutes of the Town Council, First Marty, and the Fairhope Athletic Association, a nonprofit corporation, acting by and through its duly authorized Agent, Second Party, 1ITNES=' ='Tlis FIRST: That the Town of Fairhope does hereby give and grant to the Fairhope Athletic Association, consent, right nd easement to erect, operate and naint�'in on the Fatrhope Baseball Park Grounds, sufficient lighting equipment for n:'.ght baseball playing, and the Fainccpe Athletic Association does hereby agref, to erect, operate and maintain such lights and .lighting equipment at its own expense. SECtMs The Fairhope Athletic Association contracts and agrees to properly M. intrain and keep in a state of repatt, the Baseball Park Grounds, grandstands, benches and other equipment now on the sa-e, at its own expense, and the Tcwn does in consider ,tion of such maintenance give and grant to the khirhone Athletic Association, the right to use said Baseball ='ark Grounds, grandstands and equipment for baseball purposes. In the event the Fairhope Athletic Associaatien sha'.1 fail to properly maintain the said Baseball Park Grounds, grandstands and equipment, the Town may cause the sane to.. be put in proper state of repair and any and all sins expended by it ther for, shall the re!laid it within thirty (30) days by the said Fairhope Athletic Association. TT?IpDs The Town agrees to serve the aforesaid 3ghts and light- ing equipment with sufficient current for operntif n of s,;me, at a prier not exceeding its industrial electrical rate. FOURTIis The Town reserves the right to permit other persons and associations to use the �:<,id grounds and equipment for baseball pur- poses anc for any other purposes that it shall desire, but it will not *permit any other persons or associations to use the sane on nights 4- scheduled by the Fairhone Athletic Association for its regular baseball schedules, and the said Fairhope Athletic Association may use the same for practice purposes and for baseball games other than its regular scheduled gapes at any time' provided the Town of Fairhope shall not have given a permit in conflict therewith, T)ricr to th( time the Fairhope Athletic Association shall have advised the Town that it desires to use the sa T e at such time .� FIFTH: In .e event the Fairhope Athletic Association shall mortgage the aforesaid lights and lighting equipment for a portion of the purchase money, and shall. default in the payment of such mortgage and in the event of foreclosure, the mortgagee may remove the said lights and lighting equipment from the said baseball Park. In the event the Fair - hope Athletic Association shall become inactive or shall fail to nay any indebtedness oaring on the said lights and lighting equipment when and if the sar#,e shall become due, the Town of Fairhope may pay off such indebtedness,whereupon, said lights and lighting equipment shall be and become the property of the Town of Fairhope, or if the Torn shall not desire to assume title in such manner, thAn it may require the removal of the said lights and lighting equipment from the aforesaid premises. SIXTH: All net receipts of the Fairhope Athletic Association, after haying the costs of opf rating the aforesaid lights and lighting equipment, maintaining the said Baseball Park Grounds, grandstands and equipment and the costs of operating and maintaining its baseball team and other necessary and proper expenses of the association, shall be applied to the liquidation of the cost of the said lights and lighting equipment, and when the costs of such lights and lighting equipment shall have been repaid to the persons, firm or corporation advancing or lending money to the association for such purpose, then the said lights and lighting equipment shall be and become the property of the Town of Fair hope, and the Town of Fairhope is further given the right and option to pay any unpaid portion of the cost of the said equipment at any tune, and upon such payment title to the said lights and lighting equipment shall vest in the Town of Fairhope. IN ITNESS +_' ` QF, the Town of Fairhope has caused these presents to be exenutdd by Howard Ruge,its A,ayor, and its corporate seal _y _ to be hereto affixed, and the said Fairhope Athletic Association has caused these presents to be executed by Ben 11. Huxford, its President, and Richf:rd Teamer, its Secretary -Treasurer and its corer. -ate seal to be hereto affixed, all on this the day heretofore first above written. ,i AttestIF __ ��✓ Clerk STATE CF A IABA:2A BA LDW IN COUNTY T HF,. - T0WVN OF FATRHO Its a yor FAIRHO,PE ATHLETIC ASSOCIATION Its President s Secreta "Trea surer a Notary Public, in and for said County, in said State, hereby certify that Howard • Ruge, Ben H. Huxford and Richard Teamer whose names are signed to the foregoing agreement, and who are known ?o me, acknovledged before me on this day that being informed of the cc-ntents of the foregoing agreel�ent, they executed the same voluntarily on the eay the sane bears date. Given under my hand and seal on this the „day of 1948. Notnry ''ublic, Baldwin County, Alabama STATE OF ALABAATA BALr "'IN COUNTY The Fairhope Single Tax Corporation, the owner of ti.e fee title to the property held by the Town of Fairhope under lease, and used as a Baseball park, does hereby consent to and approve the a''ove agreement between the Town of Fairhope and the Fairhope Athletic Association and does further contract and agree with the Fairhope Athletice Association that in the event the Town of Fairhope shall forfeit the said lands oluntaarily, or for any cause or in any manrE r whatever, then the Fairhope Single Tax Corporation will lease the same to the Fairhope Athletic Associat-on under its usual Ninety-nine (99) ye-i.rs .Lease, upon request by the said Fairhope Athletic Association, IN WITNESS WHEREOF, the Fairhope Single Tax Corporaticri has caused these presents to be executed by , its President, and its corporate seal to be hereto affixed, on this the day of , 1948. FpAIRHOPE SINGLE TAX CORPORATI.4 By Its president STATE OF AIABAIJA BALD1,7IN COUNTY 19 a Notary Public, in and for said County, in said State, hereby certify t h -, t whose na-e is signed to the foregoing agree,.Pnt as President of the Fairhope Single Tax Corporation, and 'who is known to me, a knoviledged before me on this day the=t belng informed of the contents of the agree- me nt, he executed the sa--e voluntarily on the day the sat-.e bears (late. Given unCer my hand and seal on th's the of 1948* __? Notary Public, Baldwin County, Aia_Za* Councilman J. H. Bennett s-econded this resolution and upon roll call the following vote was recorded: Ayes, Unanimous. Nays, None. i FmS, w Contract and Agreement for the construct on of a natural gas distribution systest was entered into by and between the Tens of Foley and Fairhope and W, L. Coston & Sons on October 309 19469 who as Contractor delivered a payment and performance brand to said Towns executed by the United estates Fidelity & Guananty Company as :surety, and; Wl ERFA S , the Contractor is unable to obtain the materials necessary to construct the system as provided by the specifications at this time and is without assurances of delivery of the necessary ma t e r is 1 at any time in ',he ne <i r future, and; `AHEREAS, an offer has been :;ache by the said W. L. Coston & Sons, Contractors, whereby, subject to receiving releases from all parties in interest, they will deposit with the lerchants National Bank of Mobile as Trustee, su fficient sins or letters of credit acceptable to the Trustee to cover the difference between the Proceeds from the sale of the gas system revenue anticipation bonds of the Town of Fairhope and the Town of Foley now can hand wherever said funds are held, whether by the Trustee or one or both of said Tons, and the par value of outstanding bands, together with accrued interest on said bonds from February,l, 19489 to June 19 19489 which said sum shall be used by the Trustee in the retiremsnt and T*yment of said bonds. N01� , 'Tit YOPE, subject to the surrender tad the Trustee and the cancellation of all bonds and subject to the execution and delivery to the Town of Fairhope by W. L. Coston & Sons, an agreement indemnifying the Town of Fairhope against all legal zinc: enforceable clalms against the said Town, excepting any clairls arising from transactions of the Town which are not a pert of the Contract and agreement, etc, and about which 7,,, L. Coston & Sons has nn knowledge; BE, IT RFSOLV.ED by the Town Council of the Town of Fairhope, Ala- ba-ma, as follows$ 1. That the Town will forever release and discharge `'a L. Coston & Sons as Contractors and the United States Fidelity & Guaranty ( pa ge one) Company as Surety from all claims and demands of any kind or character whatsoever based on the Contract of Construction asaforesaid and will also deliver to L. Coston & Sons and theirSurety a resolution declaring said Contract to be of no force and effect. 2. That the Trustee is hereby authorized and directed to use the funds in its hands and those delivered to it by the said W, L. Coston &: Sons and by said Towns, BE IT FLIRT R RESOLVED; 1. That 'contemporaneously ,kith the pay;,ent by T. L. Coston & Sons to the Trustee of the sums required by this Resolution or de- livery to the Trustee of acceptable letter of credit as nrovided, the Town of Fairhope will deliver to the Trustee all funds received from the sale of natural gas system bones which are now in the hands of said Town, 2. In the event all bonds have not been retired and cancelled by the 1st day of August, 1948, all sues delivered by said Town to the Trustee will be repaid by the Trustee to said Town and the Trustee will thereafter not be authorized to expend any sum for the retirement of bonds except in accordance with the original bond issue ordinance, I, R. C. Yohn torm clerk of the to°n of Fairhope, Alabama, hereby certify that the above resolution t which was introduced by C. A. Gaston and secobded by J. H. Bennett, all members being pres- ent and voting aye, was regularly and duly adopted at the regular reeting of the toym council of on the 2$th day of April, 1948.