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11-11-1963 Regular Meeting
v STATE OF ALABAKA COUNTY OF BALDWIN The City Council of the City of Fairhope met in regular session at the City Hall, Monday, November 11, 1963 at 7:30 P. M. with the following members present: Mayor Schneider, Councilmen: Boone, Gaston, Nelson, Poser and Spader. ilinutes of previous regular meeting were approved. This being date set for opening bids for Street Improvements on Pensacola Avenue and Washington :Drive Vest the following bids were received and read to the Council: Owen Construction Co. d 9,150.05 H. 0. Weaver Const. Co. 9,5z6•95 Colquitt & Jackson Const. Co. 90207.35 Williams & Bouler Const. Co. 8,773.65 i,.00re Engineering Co. to check all bids for compliance with specifications and contract be awarded to low bidder. Motion by Councilman Poser seconded by Councilman Gaston that Ordinance # 318, An Ordinance Requiring Fifty Foot Set Back From Property Line on Greeno Road, be adopted as introduced at the regular meeting of October 28, 1963- Motion carried. "otion by Councilman Poser seconded by Councilman Gaston, that Council approve the request of Mr. W. F. Hawie for Club License at the Pier Club on the lower floor of the Fairhope Casino to sell beer, no hard liquors, in accordance with the existing Ordinances of the City of Fairhope. The Club to be closed all day Sunday as agreed to by Kr. Ha�rie. Upon being put to vote the following vote was recorded: For: Councilmen Boone, Gaston & Poser. Against: Councilmen Yelson and Spader. 'lotion carried. Notion by Councilman Boone seconded by Councilman Gaston that the request of Mr. W. F. Hawie to open the second floor of the Fairhope Casino for dances, banquets, etc. be denied. Motion carried. I:otion by Councilman Boone seconded by Councilman Poser that the City advertise for bids on new Police Car and a One Ton Cab and Chassis for the Gas Department. Specifications to be submitted by the Business Administrator and bids to be solicited within the City of Fairhope. Notion carried. The request of the Volunteer Fire Department for new fire truck and equipment was held for further information. I:otion by Councilman Nelson seconded by Councilman Spader that I:ayor be authorized to solicit bid for pump and installation on fire truck and that 1"1900.00 be appropriated for same. Ilotion carried. The Committee appointed by the Council on Daphne Gas Purchase reported that the following proposal had been submitted to Daphne. .41 3j3 November 7, 1963 Honorable Arthur Manci Mayor, Town of Daphne Daphne, A Labama Dear Hayort After consultation with our fiscal agent, and with our City Council, this committee appointed by the Council is in a position to offer the following basic proposal to the C i ty o f Daphne. 1. Daphne to pay 1/10th of the amount of bonds that would have been outst ndfnnqq� as per the original agreement. .$29,255.37. 2. City of Fairho would sell natural gas to the City of Daphne at our cost plus a transportation charge as discussed during our joint committee meeting in October (copy of that rate attached). 3. That the period of this contract should be of 20 years duration. 4. That the City of Daphne would release all right and title to a 1/10th interest 'fri-- that portion of the gas transmission line ru f between the Town of Daphne and the nclure of the line with United Gas pelfne Company line. It was also discussed that Fairhope would offer to Daphne a management contract whereby we would operate your dis— tribution system, bill and collect from your customers for a 10% of the gross income as our fee. / t is our opinion that this contract would be favorable to Daphne as our experience indicates it would cost y.w more than that fee to manage the system. The proposed outlined here covers onlythe basic facts and, of course, would have to be containedina legally drawn contract. Honorable Arthur Man i page 2 Should this proposal be acceptable to your City please i advise so that this Committee way present t to our City Council for final approval. Very truly yours, j .. Joe �chnei er Mayor JS/apeh Enclosures: (1) .g"O&E..RAU TQ Q APfiNE fat 3 million. .501 per thou. cu. ft. text 3 ill ion .446 per thou. cu. f t. ail over 4(mi l t ion. .411 per thou* cu* f t. This rate would be adjusted according to any increases or decrsus" from our.suppjier. I GENERAL See + T/✓G Trailway Oil Co. Police Don's T. V. Service Reynold's Firestone Pol. 36.42 St. 54.04 Fairhope Shell Service Pol. 32.62 St. 3.75 Hotz GMC Trucks Fairhope Welding Fire 18.69 St. 1.50 Garden Center Fairhope Courier Fairhope Hardware Fire 2.25 Gen. 61.68 Foley Tractor Co. Mobile Electric Garage -- Police Car L. A. Zieman & Co. Western Lumber -- Fir e So. Auto Parts Co., Inc. Standard Equipment Co. McKean Hardware Nix & Fleming -- Police Gaston Motor Co. Material Sales -- Fire Fuel Oil Supply Klumpp Motor Co. Pol. 14.22 Fire 11.25 Johnson Chevrolet -- Fire Griffin Motor Supply Flay -Brooks Mach. Co. F.a.nd's Welding Castle Drive In -- Prisoner's Kiprene's restaurant-- " Parker House to Ebb Tide it Superior Hardware -- Fire Bedsole's -- Police Cadden Adv. Agency -- Police Fairhope Laundry -- Police Virgil Herston -- Police Robert S, Bateman & Assoc. -- T. R. Yoakum So. Bldg. Code Congress E. G. Rickarby The Baldwin Times -- Adv. Len -Meyer Co. Western Auto Store -- Police Leon Uniform Co. -- Fire Plc Kean Uniform Co. -- Fire International Inn Waller Bros. Standard Oil Co. Poser Printing Colmpany U-J Chevrolet (Police) Mader Bearing Supply Co. 37.83 1.50 90.46 36.37 35.04 20.19 4.90 163.01 63.93 6.90 45.86 82.5O 7.50 19.23 29.61 1.2,6 3.12 4.26 .36 62.14 25.47 2.81 276.85 316.44 6.86 •75 9.51 4.00 41.48 1.25 16.95 50.00 .6.05 20.00 333.04 12.40 25.00 10.00 100.00 37.87 3.21 48.80 72.85 78.89 73-2.65 9.50 40.33 8.40 Rudy's Automotive Supply Police 16.74, Gen,28.7O Bidgood Stationery Co. 16.41 ELECTRIC Meals tl it If Planning a+. Reynolds Firestone 3.00 Fairhope Shell Service 4.00 John R. Cowley & Bros. 9.45 Fairhope Welding 1.00 Walter A. Hoffman 4.25 Fairhope Hardware 8.75 Hill-Soberg Co. 107.33 Western Lumber 16.15 McKean Hardware 2.60 Nix & Fleming 337.30 Fairhpe Pharmacy 1.47 Gaston Motor Co. 48.73 Turner Supply Co. 73.32 Hand's Welding 17.19 Riviera Utilities 17,446.32 Waller Bros. 4.85 Gen. Fund -- Parts, gas 14 7�1 Rudy's Automotive Supply 5 2 330 GAS Reynolds Firestone 23.48 Moore -Handley 34.17 Fairhope Clay Products 9.50 Davis Meter & Supply 40.16 Standard Equip. Co. 621.10 Gaston Motor Co.9 28.42 Material Sales 2.21 Klumpp Motor Co. 11.51 Ruffles Co. 1.50 Hands Welding 458.73 So. Pipe Coating Co. 3368.44 United Gas 4980.09 General Fund -- Parts, gas 141.14 Rudy's Automotive Supply 4.00 Poser Printing Company 80.75 United Gas Pipe Line Co. (October) 6,493.32 b1ATER & SEWER Reynolds Firestone 17.73 Moore -Handley 20.10 So. Meter & Supply 124.08 Standard Equip. Co. 245.10 Material Sales 14.69 Coastal Concrete Co. 40.63 Gen. Fund -- Parts, gas 40.62 RECREATION Fairhope Pharmacy 1.50 Thoss Sporting Goods 41.24 3a9 ' Motion by Councilman Poser seconded by Councilman Gaston that the following Resolution be adopted: RESOLUTION WHEREAS, there is on deposit in the Surplus Fund of the Water and Sewer System of the City sufficient funds to redeem prior to maturity '25,000.00 principal amount of Water and Sewer Revenue Bonds, 2nd Series, and WHEREAS, the Indenture is not in default, and WHEREAS, it is necessary for bondholders to be notified not less than thirty days prior to the redemption date. I"OW THEREFORE BE IT RESOLVED: 1. That the City hereby elects to redeem from Surplus Revenues on hand Bond Nos. 51/69 maturing w4,000.00 July 1, 1984•9 '�15,000.00 July 1, 1985 and Bord Nos. 80/85 maturing !,46,000.00 July 1, 1986 at par plus accrued interest plus a premium of one years interest. 2. That the Trustee is hereby instructed to pay such bonds when presented for payment, TITith funds out of the Surplus Fund_ of the Water and Sewer System. 3. That Hugo 11arx and Company be authorized to negotiate with the bondholders in an attempt to save the cost of publishing a notice of redemption but that if such notice must be published that said Hugo Iiarx and Company be and is hereby authorized to publish an appropriate notice of redemption in accordance with the terms of the authorized ordinance. Motion Carried. The request for dance license at "The Twirly Bird" was tabled. P,ar'ki r_g in the downto:rn area was discussed and held for further study. Notion by Councilman Gaston seconded by Councilman Boone that Is. E. G—`Iii '_iarby be authorized to withdraw from representing the City in the 6f Iioore VS Elks Club. Upon being put to vote the following vote ✓wa.s recorded: For: Councilman Gaston, Boone & Poser. Against: Councilman Nelson. Councilman Spader not voting. I•:otion carried. Yotion by Councilman Poser seconded by Councilman Nelson t'iat the following bills for Airport be approvea for payment. Motion carried. Byrd L. Iioore ,& Co. 4 259•40 Dixie Laboratories, Inc. 144.12 Williams w Bouler Cons t. Co. 85647.15 otion by Councilman Boone seconded by Councilman Gaston that the Clerk be authorized to transfer 016,000.00 from 1962 Street Imp. Fund to 1963 Street Imp. Fund. I,:ayor authorized to make arrangements with the 1st National Bank of Fairhope for temporary loan_ to carry out the 1963 St. Program until legal opinion has been received. notion carried. Iioore Engineering Co. reported on relocation of gas line on proposed new highway between Stapleton and meter station South of Bay Ilinette. Purchase Order received from Auburn University for extension of Water line....W,rk started November 11, 1963. Committee on Iiunicipal Building program reported they will meet with the Recreation Board, Mr. Bateman and the architect at next meeting of the Board on Friday the 15th at 4:00 P. M. I)ir. Rickarby reported on meeting with Material Sales Co. with reference to acquiring additional land for City Hall. 3 3 d� Mr. Lacey reported on meeting of committee with T;r. Lemler pertaining to Riviera Electric Contract. The following letter was received from Post Office Department in regards to location of proposed Post Office. -3 3 • POST OFFICE DEPARTMEW M M MIS REGIONAL 0"ICE MAMM IS, TU M UR Zi 101 November 5, 1963 Mr. Peter J. Byrne Business Administrator City of Fairhope Fairhope, Alabama 36532 Dear Mr. Byrne: IN REPLY RUER TO Be: Proposed Post Office Location 'Thank you for your letter telling me of the interest Of the City Council and the City Planning Commission in regard to the location of the new proposed post office at Fairhope. It is comforting to know that some attention is being given to securing the best possible post office with the best possible parking to suit all of our postal patrons. We certainly do need the cooperation of the City Council and the City Pla,*uiing Crmmissi_on in this most important project. i have asked my Chief Engineer, Read. rstate Branch Chief, and Space Requirements Brannh. Ch_i_ef to make ac si:udv of zh.e probleir that we have of securing; adeqtuite parking space at, the new proposed location. Just as soon as we complete these studies, I will try to get in contact with N,ou by tel.ephone} a id perhaps ray Chief Ec�i�.eer a...d 1 can visl t F iphope to discuss the entire mat -ter eRi tie the Cite Gover-ment bedl es . ��D.y 4wr—i.n to y:7u the "I"hink thi5s Z said over `e3'2e—we have Pnly one 6PUA.T°e is? rKind, and that very hest pest Office J.t: t'4e most desirable rearonabl.e a r°.. °e that is possible. i`i,°iT-.;i-;r-Z :t3na.t we. em the entire matter for your genuine interest, sincerely y , on 4ir4iettr, &i&1_ueer1ng and T*eWties Riviaion AF #1 AGREEMENT FOR UTILITY aELOCATION V ~ ON PUBLICRIGHT OF WAY THIS AGREEMENT, entered into this the day of &)© ✓. , 1963, by and between the State of Alabama acting through the State Highway Director hereinafter referred to as the "STATE" and hereinafter referred to as the "UTILITY". WITNESSETH: }EPEAS, the State proposes a project of certain highway improvements in W10 County, Alabama, said project beinb designated as Project No. rl" (9) and consistinb approximately of the following: c3�l�rc Xi nel4n, 1c—,7 ��`i i»/ �le-5 '-57���� y1�3 /j7 a it u�; ) �e/�OJe'l fil)r�s� i T f r r7 S7i7c7 ✓e� rer(I and WHEREAS, the Utility is the owner of certain facilities located upon public rights -of -way ac places where they will interfere with the construction of said Project unless said utility facilities are relocated, adjusted or removed; and WHEREAS, the State Highway Director has determined and ordered that the relocation of the Utility facilities hereinafter described is necessitated_ by the construction of said Project and has ordered the utility to relocate same; and WHEREAS, Act No. 474, General Acts of Alabama 1S61, rovides for the r^imbursemenL by the State to the utility for certain costs of relocation of utility facilities; NOW, THEREFORE, be it agreed as follows: 1. The Utility agrees to promptly relocate, adjust or remove its facilities located on public ri;,hts-of-way as shown by the plans and specifications attache hereto and made a part hereof as Exhibit "A" so as to occasion the least possible interference with the progress of the project. The estimated cost of said relo- cation is 4 ? =-; and is itemized and shown in detail in the attached Exhibit "B", which is attached hereto and made a part hereof. 2. The Utility agrees to keep .accurate and _„true.,eccou+ata- --all expendi- tures made by it in the process of such utility relocation, Accounts shall be kept in accordance with the provisions of Bureau of Public Roads Policy and Procedure hemorandum 30-4 and any supplements or revisions thereto in effect as of the date of this agreement. 3. The Utility upon the compiet.on of the work shall furnish to the Ri h- way Director such gapers, records, and supporting documents as he may require showing the cost of said relocation, 4. Upon receipt of such documents and accounts as may be required by the preceding section and upon completion of such verification as the Highway Direc- tor may deem necessary, the State shall reimburse the Utility for the costs of such relocation as follows: (a) The cost of those items in which federal financial participation is approved in accordance with 23 U.S.C., Section 123 and Bureau of Public Roads Policy and Procedure Memorandum 30-4 and any supplements or revisions thereto in effect as of the date of this Agreement shell be reimbursed to the Utility by the State. AF xl _2- IC R.O.W. b. cost of those items in which federal financial cipation is not available either because of law, failure of, the Utility to keep adequate records, failure to comply with applicable federal regulations, orjor any other reason whatsoever, shall be borne entirely by_thg_Otilk�L. 5. Upon completion of the final Bureau of Public Roads Audit if any item of said relocation costs is found by Bureau or Public Roads to be ineligible for federal financial participation and said item has been paid for by the State, the Utility shall promptly reimburse the State the entire amount paid to it for such item. 6. The Utility, in order to insure to the Stage the repayment of any funds paid to it which have been found to be inelgible for federal participation hereby #;;tees to furnish to the State+ without cost to it, a good and sufficient surety bond executed by a surety company qualified to do business in the State condi- tioned that the Company, or in the event of its failure, the surety will promptly __reimlbmrse the State for any sums of money paid to the Utility covering relocation work found, upon final Bureau of Public Roads Audit, to be inelgible for federal financial participation. 7. The Utility ack�qWledlcfcs receipt of Act u74+ Gener�ti�ts of Alabama 1961, uenerally referred to as the "Utility Relocation Act". and Bureau of Public Roads Policy and Procedure Memorandum 30-4 and any supplements or revisions there- to in effect as of the date of this Agreement and hereby represents that it is familiar with the provisions of these documents. it is further agreed that these documents together with applicable provisions of the laws of the State of Alabama shall govern and be controlling and bindin over the provisions of this contract. 8. The Utility &sees to make its books and records available for examina- tion and audit by representatives of the State HiLhway Department or the United States Bureau of Public Roads at ail times durin6 normal working hours to verify amounts and items covered in the reimbursement for relocation of facilities covered herein. IN WITNESS WHEREOF, the parties hereto have affixed their respective names through their duly authorized officers. SEAL .tTTEoT: aECOMMENDED FOR APPROVAL Utility Bn`.ineer - 6@Cu0B a Asai�stEnt i ` STATE HIG A DEPARTMENT OF ZABAMA Director The within and foregoing agreement is hereby approved on this the day of , 1963. . _. GOVERNOR FF A,LABAMA