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HomeMy WebLinkAbout09-26-1949 Regular Meetingu STATE OF ALABAMA County of Baldwin The Town Council of the Town of Fairhope me at the Town Hall, Monday, September 26, 194 9 The minutes of the previous regular meeting were read and approved. Councilman Overton offerred the following resolution and moved its adoption seconded by Councilman R.H. Brown. Goodwin Engineers Inc. Have made their report on their survey of the feasibility of Fairhope's construction of a Natural Gas System, and it appearing from such report that such system is feasible. k NOW Therefore Be It Resolved that the Council hereby determines to construct such system and directs such engineers to proceed with the preparation of detail plans and specifications and do and perform all things necessary and proper for the advertisement for bids theron all under their Contract with the Council. Resolution Adopted. Councilman E. B. Overton offered the following resolution the same being as follows: RESOLUTION WHEREAS,the Town of Fairhope has had an engineering survey made for a proposed Gas System and in order to prevent delays it will be necessary to immediately place orders for materials and equip- ment for the projject if the materials and equipment are to be obtained within a reasonable time. WHEREAS, it will save the Town a two percent (2%) sales tax and a three percent (3%) transportation tax to place the orders for these materials which are to be installed later by contractors. WHEREAS, the Town is anxious to avoid delays in getting the project started and the financing arranged, NOW THEREFORE, BE IT RESOLVED by the Town Council of the Town of Fairhope, Alabama as follows: SECTION 1. That Goodwin Engineers,Inc. 726 South 29th Street, Birmingham, Alabama, Consult'ng Engineers for the Town,are hereby authorized,empowered and directed to act as agents for the Town in placing the orders and purchasing the materials for the pro- posed Gas System and supply main, said orders to be placed in the name of the Town and said orders to be placed subject to completion of the financing for said projEct and subject to obtaining a contract for a gas supply from the United Gas Pipeline Company. Upon being put to vote for said resolution, the vote was as follows: Voting Aye: Mayor T.J.Klumpp, Councilmen M.O.Berglin, J. T. Brad- ford, R.H.Brown, E. B. Overtona and Ira Steele. Voting Nay; None. The motion thereupon was declared to have carried and was ordered entered upon the Minute Books of the Town of Fairhope. I, , the duly elected, qualified and act- ing.City Clerk of the Town of Fairhope, Alabama hereby certify that the above is a true and correct copy of a resolution duly adopted by the Toi^m Council on the 26th. day of September, 1949. GIVEN UNDER MY HAND AND SEAL of the Town of Fairhope, Alabama on this the 26th. day of September, 1949. Ci ty Clerk Seal. w R E S O L U T I O N WHEREAS, the CITY OF_FAIRHDPEjl__ALABAfi�Aha3 had an engineering survey made for a proposed g.s system arcs isn ©icier to prevant delays it iAl,l be necessary to imedia'.ely plawe orders for materials and equipment for the project if the materials and the equipment are to be obtained within a reasonable time* WHER.FASn it vd.11 save the Citg a t"wo percent (2%) sales tax and a three percent (3%) transportation tax to pl,a,ca the orders for these materials which are to be installed later by contractors. WHEREAS, the _C _e is anxious to avoid delays in getting the project started and the financing arranged° NOW9 TI]EREFORE, BE IT R 30LVED by the _City_ Council of the of FdrbgRao 11x- as as follows SECTION I.- That GOODhr(N ENC•II&ERO, INC., 726 :youth 29th Street, Birmingham, Alabama, Consulting Engineers for the C1.1-y , _ y, are hereby authorized, empowered and directed to act as agents for the City in placing the orders and purchasing the materials for the proposed gas system and supply mein, said orders to be placed in the name of the ilty and said orders to be placed subject to completion of the financing for said project and subject to obtaining a contract for a gas supply from the United Gas Pipeline Company* AYES.- Upon being put to a vote for said resolution, the vote was as follows: The motion thereupon was declared upon the Minute NAYS. - have car.-iad and was ordered entered the duly elected, qualified and acting Clark of the �itv _ of sth&,,,, hereby certify that the above is a true and correct c py of a resolution duly adopted by the _Zit,,_ Council.. on the day of —, 191— GIVEN UNDER MY HAND AND SEAL of the City of F i_rhona_ i on this the day of , 194 e City- -- Cle k SEAL: Councilman Overton offered the following resolution seconded by C Councilman R.H. Brown. Be it Resolved that the Mayor is authorized to execute on behalf of the Town of Fai.rhope with Goodwin Engineers Inc. a contract substantially in words and figures as follows:. (Said contract constitutes the authorization to Goodwin Engineers Inc. to proceed with a Seer System Survey. Contract on file at City Hall.) Motion by Councilman R.H.Brown seconded by Councilman Ira Steele that Smith, Dukes and Buckalew be employed to make the annual audit.for the fiscal year.ending September 30, 1949. Motion carried. ENGINEERING AGREEMENT COVERING MUNICIPAL IMPROVEMENTS STATE OF ALABAMA COUNTY OF BALDWIN THIS AGREEMENT made and entered into this the 26thday of September , 194_9 , by and between Goodwin Engineers Inc. —of Birmingham, Alabama, hereinafter termed "the Engineers", the Party of the First Part, and the City of Fairhope , Alahereinafter termed the Owner, Party of the Second Part. WITNESSETH: That, whereas, the Owner plans to construct certain municipal improvements as follows: —A Sanitary Sewerage System Complete with necessary Treatment Works, Outfallst•Etc. And whereas the Owner certifies that definite steps have not been taken to employ another Engineer and the Owner having no Engineer employed for said work decided to engage the services of the Engineers to make surveys, investigations, plans, esti- mates and specifications and to furnish -engineering supervision of the said improvements. NOW THEREFORE BE IT. KNOWN BY THESE PRESENT, that in consideration of the sum of One ($1.00) Dollar in hand paid each to the other, the receipt whereof hereby is acknowledged, and in further consideration of the mutuality of the covenants hereinafter contained, it is agreed by and between the parties hereto as follows: I. The Engineers agree to make careful preliminary surveys, studies, investigations, designs, estimates of cost, and to furnish a report including recommendations as to the general type of the facilities which appear to be required, and the advisability of financing -the project. When the Owner decides to proceed with the financing and installation of the project or projects, at any time or times after completion of the preliminary plans and report, the Engineers shall be notified of that part of the work proposed to be undertaken at that time, and they shall prepare such an application or prospectus as may be required to present the proposed project to the agency proposing to finance the project. 2. The finances having been arranged, the Engineers agree to furnish on file at the Owner's office, or at such other place as may be designated by the Owner, as soon as same can be completed, two copies of all detail drawings, plans, specifications and estimates of cost in detail covering the improvements determined upon by the Owner. The actual cost of printing additional sets of plans required for the project shall be paid for by the Owner. The Engineers further agree to prepare forms of proposal, notice to bidders, etc., and to assist in receiving bids on said work, sparing no effort to secure the maximum economy consistent with good practice, and to make recommendations to the Owner as to the relative merits of materials. and equipment. ; 3. The Engineers, agree to furnish a competent representative who shall be paid by the Engineers, and who shall work under their direction and orders, to lay out the lines and grades and to prepare partial and final estimates of materials furnished and work done by the constructor as the work progresses. The Engineers shall recommend such said work for acceptance by the Owner that is satisfactorily completed. Upon completion of the improvements, the Engineers further agree to prepare the assessment rolls and record maps for the Owner if any are required. _ 4. The Engineers agree to furnish all Engineering equipment that may be needed, without additional cost to the Owner. 5. The owner agrees to pay the Engineers in cash at times hereinafter specified as follows: (a) Upon delivery of the preliminary plans and report for said improvements $ None (b) Upon securing funds with which to finance the cost of completion of the detail plans and specifications 4 % of the total estimated cost of said improvements. This payment is to cover the cost of surveys and preparing the detail plans and specifications and delivery of same to the Owner. (c) On or before the tenth day of each month after- the beginning of construction 4 % of each net monthly estimate of work done and material stored on the project site during the previous month by the constructor of said improve- ments. This payment is to cover engineering during construction. (d) Upon completion of all improvements provided for, or at that time proposed to be actually constructed, such a sum of money as when added to previous payments under paragraphs (b) and (c) will equal but not exceed % of the total sum expended which was borrowed, appropriated, or otherwise provided to defray any part of the cost or expense incurred in connection with the project. 6. The Owner hereby appoints and designates the Engineers, or their duly authorized representative, as - ifs Municipal Engineers, with their duties set out above, and whose compensation is to be included in that hereinbefore provided. 7. It is understood and agreed by both parties that the Engineers are not to be paid any monies for engineering services under this contract until such time as conditions exist whereby the Owner has secured funds to finance and proceed with the work covered by this agreement, it being the full understanding by and between both parties that the Engineers are to bear all costs and expenses of engineering except as set forth under Paragraph 5. (a), until if and when the Owner has secured funds to proceed, and the Engineers are to be retained for said work at compensation set forth herein when the Owner decides to proceed. 8. It is understood and agreed that this agreement as set forth constitutes the full understanding and agreement between both parties. IN TESTIMONY TO ALL OF WHICH, SAID ENGINEERS, has caused -this instrument to be executed by their duly authorized representative and the City of Fairhope, Alabama acting through the QQunC1l - ` t� his tidied this agreement to be executed f y its r ' Mayo ' => > ' and the seal of said Owner affixed, for and as the act of said Owner on the day first above written. SEAL: Owner, (Party of the Second Part) By:— 1444A� Mayor Clerk SEAL: Goodwin Engineers Inc. 01, By: Title Agent ENGINEERS (Party of the First Part) Changes and Additions:' Paragraph 5(d) It is understood and agreed by both parties that the total sum -expended etc. meand construction costs -only. The owner reserves the right to reject any and all bids. The following Ordinance was introduced by Councilman Overton it being read in full the same being as follows: ORDINANCE BE IT ORDAINED BY THE TOVIN COUNCIL OF THE TOWN OF FAIRHOPE, ALABAMA: That it shall be unlawful for an person to make or allow to be made at night between the hours of 8 P.M. and 6:30 A.M. within 150 feet of a dwelling house, hotel or tourist camp or other place where people sleep, loud and continuous or'intermittent noises which disturb other people. Any person violating this Ordinance shall be fined not more than $100.00. This Ordinance shall go into effect immediately on its publication. Adopted September 26, 1949. Attest: Clerk Approved T.J.Klumpp, Mayor It was moved by Councilman Steele seconded by Councilman Bradford that all rules and regulations of the statutes of the Town Council of the Town of Fairhope which might prevent, unless suspended, the immediate consideration and final passage and adoption of said Ord- inance at this meeting. The question being put upon the adoption of said motion and the suspension of the said rules and regulations, the roll was called with the following results: Voting Aye, Mayor T.J.Klumpp, Councilmen M.O.Berglin, R.H.Brown, J.T.Bradford, E. B. Overton and Ira Steele. Voting Nay, None. The Mayor declared the motion carried. Councilman Berglin therefor moved that the said Ordinance be finally passed and adopted as introduced. Councilman Steele seconded the motion. The question being put upon the final passage and adoption of the said Ordinance the roll was called with the following results: Voting Aye: Mayor T.J.Klumpp, Councilmen M.O. Berglin, R.H. BM wn, J. T. Bradford, E. B. Overton and Ira Steele. Voting Nay, None. Thereupon the Mayor declared said motion carried and the Ordinance finally passed and adopted and signed said Ordinance in the approval of the same. Approved Mayor Attest Clerk It was duly moved and seconded that the meeting adjourn. Motion Carried.