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HomeMy WebLinkAbout12-09-1963 Regular Meetingf' I STATE OF ALABA & E COUNTY OF BALDIJIINT The Mayor and City Councf-1 of the City of Fairhope Labana, met in regular session at the City Hall in said city on December 9, 19639 at the regular hour, 7:30 o'cloc',-, P. On roll call the following were found to be present: .:ayor Joe Schneider, and Councilmen Lester I. Boone, James E. Gaston, Jr., William J. Nelson, Walter 0. Poser, and Richard Spade_r; absent: None. The Mayor presided as chairman of the meeting, and Marie :Moore, the City Clerh, who was also present, acted as cler'-c of the meeting. The Mayor declared that a quorur:, was present and the meeting open_ for the transaction of business. 1,76tion by Councilman Poser seconded by Councilman Gaston that the minutes of previous regular rceeting be corrected to read as follows: This being date set for opening bids on a, one ton truce chassis for gas departner_t the following bids were received: {lumpp motor Company 2,026.00 Gaston Motor Company 11,992.00 .lotion carried. This being date set for opening bids on PicI:up True.., -- the follow) ng bids were received.: Klumpp ;:rotor Company `)1,gag. 50 Gaston 11otor Company '41, 591.95 Motion by Councilman Poser seconded by Councilman Boone that the 'yids be evaluated by Mr. Dyson, City Superintendent, and loT,, bid accepted. lotion carried. The request for dance license at "The Ti,.irly Bird" was rejected. 'r. Bailey and Is. Laccy reported on Daphne Gas Coy;.- V o T'otion by Councilman Nelson seconded by Councilman Boone that City advertise for bids on Fire Truck according to specifica- tions prepared by committee and presented_ at this meeting. V Bids to be opened at regular meeting of January 13, 196�_ 'otion carried. Contract from United Gas Pipe Line Company was referred to City Attorney and City Superintendent for study. Notion by Councilman Boone seconded by Councilman Nelson that the Mairor be instructed to sign contract with 74111iams and Bouler for Street improvements on 7,1a.shington Drive and Pensacola Avenue as per original bid. Ylotion by Councilman Poser that the motion be tabled. Motion didd for lace of second. The Mayor then called for a vote on Councilman Boone's Notion with the following results: Voting for: Councilman Boone, Gaston, Nelson and Spader. Voti.n against: 1�hyor Schneider and Councilman Poser. !notion carried. 1'.otion by Councilman Gaston seconded by Councilman Spader that the following Airport bills be approved for payment: The A. 0. P. A. Pilot A26.40 Dixie Laboratories, Inc. 111.43 Williams Q Douler Co. 24685.70 Byrd L. Moore & Co. 740.58 ?'otion carried. Reverend Underwood representing the inisterial Association met with the Council protesting action tad: -,en on Fairhope Casino. The following letter from the Official Board of the Fairhope Methodist Church vaa.s read to the meeting. Fairhope City Council Fairhope, Alabama. Gentlemen: At its regular meeting Sunday night, December 1st, the Official Board of the Fairhope Iflethodist Church voted, wit':zout dissent, a vigorous protest to the action of the Fairhope City Council in approving the request of Per. WadAh Hawie for a license to sell.beer and/or liquor -in his proposed club at the Pier Casino. 361 vJ The action of the Council is paxticularly unfortunate because of the nearness of the Casino to the Big Pier and to the public beach and park area which children, youth, and farn.ily groups use constantly for recreation. It is felt that city officials should exert every effort to maintain_ a thor- ou3hly wholesome atmosphere in this area. L en now we urge y-ou to do everything in your power to eliminate the presence of alcoholic beverages there. Sincerely, sl marl G. Fisk D.^r1 Fis?:, Acting i_rpan of the Official Board, Fairhope Methodist Church Z :Donald Olds Donald ld.s j Acting "Sec tar; Of the Official Board, Fair- ho-oe T?ethodist Church. Totion by Councilman Nelson that the Business Adninistrator be instructed to send to each taxpayer in the City a simplified form of the City Audit. 110tion died for lack of second. Notion by Councilman Poser seconded by Cou r, ilman Gaston that Smith, Dukes and Buckalel-T be requested to furnish the City of Fairhope a condensed sumtration of the City Audit to be published In The Fairhope Courier. Upon being put to vote the following vote was recorded: For: :eiayor Schneider, Councilmen: Boone, Gaston, Poser and Spader. Against: Councilman Nelson. �4otj0n carried. fiotion by Councilman Poset seconded by Councilman Boone that the regular meeting of December 23, 9 3 be 1 6 t pos�1ooned until January 11, 1964. notion carried. 1:?-"Or Schneider appointed Councilman Spader to the Fairhope Planning Commission to replace Councilman Poser whose term has expired. The following Ordinance was introduced in writing by Councilman Nelson: 3sG ORDINANCE NO. / �J AN ORDINANCE TO AUTHORIZE THE ISSUANCE OF $135,000 PRINCIPAL AMOUNT OF GENERAL OBLIGATION PUBLIC IMPROVEMENT WARRANTS TO.. PAY. THE COSTS OF IMPROVING STREETS IN THE..GITY BE IT ORDAINED by the Mayor and City Council (herein together called f°the governing body") of the City of Fairhope, Alabama (herein called "the city"), as fol- lows: , Section 1. Findings Respecting Improvements. The governing body of the city .as heretofore authorized the construction of certain street improvements (the said street improvements being herein together called "the improvements") under the provisions of the cityts.Improve- ment Ordinance No. 305 adopted and approved on June 10, 1963, as confirmed by a resolution adopted by the govern- ing body on July 8, 1963 (said Improvement Ordinance No. 305 as so confirmed being herein called "the improvement ordinance"). The governing body of the city has determined and does hereby find and declare that the improvements have not been completed; that the estimated cost to the city of constructing the improvements will be in excess of $135,000; that the estimated life of the improvements will be in excess of ten years from the completion there- of; that no securities have heretofore been issued by the city to pay the cost of constructing the improvements or any part thereof; and that it will be necessary for the city to sell and issue the warrants hereinaf ter referred to for the purpose of paying the costs of constructing the improvements. Section 2. Authorization of Warrants. Pursuant to the applicable provisions of the constitution and laws of the State of Alabama, including particularly Section 466 of Title 37 of the Code of Alabama of 1940, as amended, and for,the purpose of providing funds with which to pay the costs of constructing the improvements, there are hereby authorized to be issued by the city one hundred thirty-five (135) General Obligation Public Improvement Warrants (herein called "the warrants") of the city in the aggregate principal amount of $135,000, numbered from 1 to 135, inclusive, in the denomination of $1,000 each, which shall be dated December 1, 1963, and shall mature on December 1 in the following aggregate principal amounts and years: Warrant Numbers Aggregate Principal (both inclusive) year of Maturity Amount Maturing 1 to 13 1964 $13,000 14 to 26 1965 .13,000 27 to 39 1966 13,000 40 to 52 1967 13,000 53 to 65 1968 13,000 66 to 79 1969 14,000 80 to 93 1970 14,000 94 to 107 1971 14,000 108 to 121 1972 14,000 122 to 135 1973 14,000 The warrants shall bear interest from their date until their respective maturities at the rate of 3-1/2% per an- num. Such interest shall be payable semiannually on June 1 and December 1 of each year until and at the respective maturities of the warrants and shall be evidenced by semi- annual interest coupons (herein called "the coupons') at- tached to the warrants. The warrants and the coupons shall bear interest after their respective maturities at the rate of 6% per annum and shall be payable in lawful money of the United States of America at the principal office of First National Bank of Fairhope, Fairhope, Ala- bama. Section 3. Optional Redemption Provisions. The warrants shall be subject to redemption and payment, prior to their respective maturities, at the option of the city, while the city is not in default in_payment of the prin- cipal of or the interest on any of the warrants, on June 1, 1964, and on any interest payment date thereafter, in their inverse numerical order, at and for -.a redemption price, with respect to each such warrant redeemed, equal to the face value thereof plus accrued interest thereon to the date fixed for -redemption, provided however, that no more than W,000 pr ncipal amount of warrants may be so redeemed on _any interest payment date. Any- such re- demption shall Ze effe tc ed in the following manner: (a) The city by resolution of its govern- ing body shall call for redemption on a stated date when they are by their terms subject to redemption warrants bearing stated numbers and shall recite in said resolution that the city is not in default in payment of the principal of or the interest on any of the warrants. (b) The city shall cause to be published one time in a daily newspaper printed in the English language and customarily published not less than six days during each calendar week in the City of Mobile, Alabama, a notice stat- ing the numbers of the warrants so called for redemption, stating that the warrants bearing - 3 - such numbers will become due and payable on the date specified at the redemption price herein provided for (which shall be specified in said notice) and that all interest thereon will cease after said date. In the event there is no such daily newspaper published in said City of Mobile on the date on which such notice is directed in such resolution to be given, then such notice shall be so published one time in either a daily newspaper printed in the English language or a financial journal having general circulation and published in the City of New York, New York. Any such notice shall be published not less than thirty days prior to the date fixed for such re- demption. (c) on or prior to the date fixed for re- demption the city shall notify the bank at which the warrants are payable of the city's compli- ance with the requirements of paragraphs (a) and (b) of this section and shall make available at such bank the total redemption price of the war- rants so called. Upon compliance with the foregoing requirements on its part contained in this section, and if the city is not on the date fixed for any such redemption in default in payment of the principal of or the interest on any of the warrants, the warrants so called for redemption shall become due and payable on the date so fixed for their redemption, and interest thereon shall thereafter cease. No bank at which the warrants are payable shall be required to pay any cou- pon maturing on the redemption date which is applicable to any warrant so called for redemption on such date unless the warrant to which such coupon is applicable is also pre- sented for payment; provided, that in the event any such bank should pay any�such coupon without payment of the ap- plicable warrant it shall not be liable to the holder of such applicable warrant or to the city or to anyone whom- soever; and provided further, that each such bank shall pay such coupon out of the moneys supplied to it by the city for such purpose if the holder thereof shall present evi- dence satisfactory to such bank that such holder igthe own- er of the coupon presented and is not the owner of the war- rant to which such coupon is applicable. Section 4. Execution and Registration of War- rants. The warrants sfTa=e executed on behalf o e city by the mayor, who shall cause the corporate seal of the city to be affixed thereto, and the city clerk shall attest the same by affixing her signature thereto. The coupons shall be executed with a facsimile of the signature of the mayor and shall be attested with a facsimile of the signature of the city clerk, whose facsimile signatures shall be valid in all respects as if they had signed the coupons in person. The warrants and the coupons shall be registered by the city treasurer, in the records maintained by her, as claims against the city and the assessments specially pledged therefor, which registration shall be made simul- taneously with respect to all the warrants and the coupons. Section 5. General Obligation and Special Pledge. The warrants shall be general obligations of the c t 'y, and, the full faith and credit of the city` are hereby irrevocably pledged for payment of the principal thereof and the interest thereon. As additional security for pay- ment of the principal of and the interest on the warrants, there are further hereby specially and irrevocably pledged therefor all assessments that may Jhereaf_terge made against the properties specially benefited by the improvements, together with the proceeds from all such assessments, in- cluding the proceeds from the sale or redemption of any of said properties which may be sold by the city in en- forcement of the liens of any such assessments, and all liens which the city may at any time have on the properties specially benefited by the improvements arising from the levy of said assessments are hereby transferred and assigned for the benefit of the holders of the warrants and the cou= pons with power to enforce the same either at law or in equity. Section 6. Completion -of Improvements and Col- lection of Assessments. The city will complete the con- struction of t e mprovements pursuant to the provisions of the improvement ordinance as promptly as may be feas- ible hereafter. Upon completion of the improvements, the __--> city will take such proceedings as may be .necessary__ or appropriate to cause valid assessments to be made against the properties specially benefited by the improvements, all in the manner and to the extent provided by the im- provement ordinance and the laws of Alabama. The city will undertake to collect all assessments hereafter made pursuant to the provisions of the improvement ordinance and, in cases where the owner of any property subject to any such assessment shall elect to pay such assessment in installments in the manner authorized by the laws of Alabama, the city agrees to collect any such installments promptly as and when such installments become due and payable. In the event that any such assessment or any installment thereof shall remain unpaid _f_or_as J1,, as one year after the same shall become due and payable, the city thereupon will take all steps necessary to en- force the lien of such assessment by sale of the property against which such assessment was made. All proceeds col- lected from the assessments hereafter made pursuant to the improvement ordinance, including the proceeds of the sale or redemption of any property that may be sold by the city in enforcement of the lien of any of said assess- ments, shall be deposited by the city from time to time as collected in a special fund separate and apart from all other funds of the city. Said special fund shall con- stitute a trust fund for the benefit of the holders of the warrants and the coupons and shall be used solely for the payment thereof. Section 7. Payment at Par. Each banking insti- tution at which any of t e arrants shall at any time be payable, by acceptance of its duties as,a paying agent therefor, shall be considered to have agreed thereby with the holders of the warrants and the coupons that, out of the moneys supplied to it for that purpose, it will make - 5 - all payments of the warrants and the coupons in bankable funds at par and without deduction for exchange, fees or expenses. The city agrees with the holders of the war- rants and the coupons and with each such banking insti- tution that it will pay all charges for exchange, fees or expenses which may be made by any such paying agent in the making of such payments at par in bankable funds. Section 8. This Ordinance a Contract. The provisions of this ordinance shall constitute a contract between the city and each holder of the warrants and the coupons. Section 9. Severabilit . The various provisions of this ordinance are hereby declared to be severable. In the event any provisions hereof shall be held invalid by.a court of competent jurisdiction such invalidity shall not affect any other portion of this ordinance. Section 10. Form of Warrants and Coupons. The warrants and the coupons and the provisions for assignment thereof shall be in substantially the following forms with appropriate insertions and variations therein to conform to the provisions hereof: [Form of Warrant] No. $1,000 UNITED STATES OF AMERICA STATE OF ALABAMA CITY OF FAIRHOPE GENERAL OBLIGATION PUBLIC IMPROVEMENT WARRANT The City of Fairhope, a municipal corporation in the State of Alabama (herein called "the city"'), hereby acknowledges that it is indebted to First National Bank of Fairhope in the principal sum of O N E T H O U S A N D D 0 L L A R S and hereby orders and directs its city treasurer to pay said principal sum to said First National Bank of Fairhope, or assigns, on the 1st day of December, 19 .(unless this , warrant has been duly called for redemption upon sur- render hereof, with interest thereon from the date hereof until the maturity hereof at the rate of 3-1/2% per annum, payable semiannually on June 1 and December 1 of each year until and at the maturity hereof upon presentation and surrender of the appropriate interest coupons hereto attached, as the same respectively become due. Both this warrant and the said coupons shall be payable in lawful money of the United States of America at the principal of- fice of First National Bank of Fairhope, Fairhope, Alabama. This warrant is one of a series -in the aggregate principal amount of $135,000, of like tenor except for their numbers and maturity dates, issued pursuant to the applicable provisions of the constitution and laws of the State of Alabama, including particularly Section 466 of Title 37 of the Code of Alabama of 1940 and an ordinance duly and legally adopted by the governing body of the city, for the purpose of paying the costs of constructing certain street improvements in and for the city. The in- debtedness evidenced and ordered paid by this warrant. and the coupons applicable hereto is a general obligation of the city for payment of the principal of and the interest on which the full faith and credit of the city have been irrevocably pledged. The warrants are subject to redemption and pay- ment prior to their respective maturities at the option of the city after notice published at least one time not less than thirty days prior to the date fixed for redemp- tion, in their inverse numerical order, on June 1, 1964, and on any interest payment date thereafter, at and for a redemption price, with respect to each such warrant re- deemed, equal to the face value thereof plus accrued in- terest thereon, provided however, that no more than $27,000 principal amount of warrants may be so redeemed on any interest payment date. It is hereby certified and recited that the in- debtedness.evidenced and ordered paid by this warrant is lawfully due without condition, abatement or offset of any description; that this warrant has been registered in the manner provided by law; that all conditions, ac- tions and things required by the constitution and laws of the State of Alabama to exist, be performed or happen pre- cedent to and in the issuance of this warrant exist, have been performed and have happened; and that the indebtedness evidenced and ordered paid by this warrant, together with all other indebtedness of the city, was at the time the same was created and is now within every debt and other limit prescribed by the constitution and laws of the State of Alabama. This warrant is nonnegotiable but is transfer- able by assignment. Each taker, owner, purchaser or holder hereof, by receiving or accepting this warrant or any in- terest coupon, shall consent and agree and shall be estopped 77- 3:!�-6 to deny: (1) that title to the coupons hereunto appertain- ing may be transferred by delivery without the necessity of a written assignment and that any person making such delivery shall be deemed to have transferred to the per- son to whom such delivery is made all his equities or rights in the coupons so delivered; (2) that any person in possession of any such coupon, regardless of the man- ner in which he shall have acquired such possession, is authorized to represent himself as the absolute owner thereof and has the power and authority to transfer abso- lute title thereto by delivery thereof to a bona fide pur- chaser for value (present or antecedent) without notice of prior defenses or equities or claims of ownership en- forceable against his transferor or any person in the chain of title and before the maturity thereof; and (3) that whenever and so long as this warrant is assigned in blank by written assignment by the original payee hereof or by any subsequent assignee hereof in the chain of title to whom written assignment is made, the city may treat any person in possession of this warrant, regard- less of how such possession may have been acquired and regardless of the genuineness or effectiveness of any assignment, as the absolute owner hereof for all pur- poses, and payment to any such person shall discharge all obligations hereunder. IN WITNESS WHEREOF, the city has caused this warrant to.be executed.and its official seal to be here- to affixed by its mayor and has caused the same to be attested by its city clerk, both of whom have hereunto sub- scribed their signatures, has caused the annexed interest coupons to be executed and attested with facsimiles of the signatures of said officers, and has caused this war- rant to be dated December 1, 1963. Attest: City Clerk r+ CITY OF FAIRHOPE By Its Mayor - $ - "�elI [Form of Coupon] Coupon No. $17.50 On the 1 s t day of , 19 , the City Treasurer of the City of Fairhope, A abama, is ordered and directed to pay to the bearer hereof the sum of Seventeen and 50/100 Dollars upon presentation and surrender of this coupon -at the principal office of First National Bank of Fairhope, Fairhope, Alabama. This cou- pon represents six months' interest that will become due on said date on, and is a part of and subject to the pro- visions contained in, the General Obligation Public Im- provement Warrant of the City of Fairhope, Alabama, dated December 1, 1963, No. . Attest: Mayor City Clerk [Form of Assignment] For value received, this warrant and the moneys ordered paid thereby are hereby transferred and assigned, without recourse or warranties, to Following the maturity date of each coupon due on and after December 1, 1964, there shall be inserted the following: "(unless the warrant to which this cou- pon is applicable shall have been duly called for prior payment)," - 9 - 3-/e Section 11. Sale of Warrants. The warrants shall be and hereby are sold and awarded to First National Bank of Fairhope at and for a purchase price equal to $135,000 plus accrued interest on the warrants to the date of their delivery. The mayor and the city treasurer are hereby authorized and directed to deliver the warrants to said purchaser upon payment to the city of the said pur- chase price therefor. The proceeds from the sale of the warrants shall be used only for the purpose for which they are herein authorized to be issued. Adopted and approved this gth day of December, 1963. Mayor Authenticated: City Clerk Alderman'0 moved that unanimous consent be given for immediate consideration of and action on said ordinance, which motion was seconded by Alderman%, and, upon the motion being put to vote, the following vote was recorded: Yeas: Mayor Schneider and Aldermen Boone, Gaston, Nelson, Poser and Spader; Nays: None. The mayor thereupon declared that the motion for unanimous consent for the%immediate consideration of and action on said ordi- nance had been unanimously carried. Alderman thereupon moved that the said ordinance e finally adopted, which motion was seconded by Alderman = , and, upon the motion being put to vote, the following vote was recorded: Yeas: Mayor Schneider and Aldermen Boone, Gaston, Nelson, Poser and Spader; Nays: None. The mayor thereupon announced that the motion for adoption of said ordinance had been unanimously carried. - 10 .r Motion by Councilman Poser seconded by Councilman Nelson that the following bills be approlred for pa.irment. Motion cars_ i ed.. GENERAL E M & S Service Station 4.42 Rudy's Automotive Gen. 10.84, Fire 48.15 58.99 Sears Roebuc'.: 47.40 May P.Iachinery Co. 32.18 Southern Auto Parts 20.46 Turner Supply Co. --Fire 51.4.5 Nix & Fleming Gen. 58.69, Office 16.69 75.38 Fairhope Hardware 27.00 Foley Tractor Co. 16.27 Fairhope Welding 5.50 Lunsford Sign Service 5.00 W. S. Darley & Company --Fire 71.70 Fuel Oil Supply 42.50 Griffin Motor Supply 75.91 *Klumpp Motor Co. Gen. 3.52, Police 23,82 27.34 Gaston Motor Co. Police .75, Sts. 2.04 2.79 Material Sales 2.97 Threadgill Body Shop 10,15 Ray Brooks Machinery 77.02 Gulf City Body & Trailer Works -- Fire 125.00 American City Diagazine 6.18 Daphne Jr. High. T. A. 20.00 Virgil Herston -- Police 20.00 Smith, Dukes & Buckalew 4.50.00 Ebb Tide (Prisoner's meals) L6.53 SipreneIs 2.66 Julwin's " " 1.60 Trailway Oil Company -- Police 59-91 Standard Oil Company 645.02 Reynolds Firestone -- Police 34 yy� McXean Hardware - Gen. 4.32, Fire 1.15 Busy Bee Garage 1�.00.47 City Larket Walter Hidde Gen. 194-70, Fire 13.75 5. "�1 208.45 Western Auto - Police 1.66 Bidgood Stationer 2.90 Standard Equipment Co. 18.10 Coastal Concrete .1 John R. Cowley & Bro., Inc. 36.0 Radcliff 11aterials 36,00 Joe Schneider & Son, Inc. 225.00 Burroughs Corp. 111.60 'IcCain Uniform 34.25 Cadden Adv. Agency - Police 60.00 Maury Ins. Agency 24.8.59 Lynn Card Company 10.00 W. S. Darley & Company 68, 70 Fairhope Laundry - Police LL,L.5 Fairhope Courier 73.21 Waller Brothers 22.43 Sargent - Sowell, Inc. - Fire 7.72 Total ELECLRIC Victory Electric Co, 215.60 Rudy's Automotive Service Products Co. 116:771 Southern Auto Parts 1.29 Hatfield & Co. 795•48 Nix & Fleming 151.90 Temple & Son Electric Co. 40.27 F. A. Eruse 91.50 Gaston Motor Co. 8.09 Riviera Utilities 10.9 ��44-.23 Smith, Du Rdes & BuckaleTAT 450.00 .Reynolds Firestone 9-*%43 r _2_ Standard Equipment Co. Maury Ins. Agency Poser Printing Co. GAS Marine Specialty Company Hand's Welding & Machine Slop Foley Tractor Co. Dafis IMeter eU Supply Material Sales Merchants National Bank Trustee Smith, Dukes & Buckalew Auburn Machine Works Standard Equipment Co. United Gas i:aury Ins. Agency WATER & SEWER Chicago Pump Co. F. 'i. Ross & Co . Rudy's Automotive Southern Auto Parts Fairhope hardware Material Sales Neptune Meter Co. McXesson & Robbins Terchants Nat'l Bank Trustee Smith, Durres & Buckalew City Narket Western Auto Standard Equipment Co. Coastal Concrete Co. 14aury Ins. Agency Western Lumber & Supply Smith, Dukes & Buckalew Gas, W & 6 warrants REC3EATION 7.00 147.4o 35.00 215.60 506.62 ?3.16 a0.13 3.4o 15000.00 450.00 8.07 311.39 3, 15 51,62 /(,,ee,9-1`f 1,17�.97 •95 23.95 26.05 1.09 81.05 412.50 400.00 4.98 364.77 120. 2 74.52 9.33, 9 7 Total Totals Total 6.95 50.00 $1/, , %�_ Total It was duly lmoved and seconded that the meeting adjourn. Potion carried. Attest : /- City Clerk L