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HomeMy WebLinkAbout10-05-1964 Organizational MeetingSTATE OF ALABANIA COUNTY OF BALDWIN Minutes of the City Council of the City of Fairhope, of its meeting held on the 5th day of October, 1964, being the first Monday in October, the same being the organizational meeting of said Council held at the City Hall in the City of Fairhope at 7:30 O'clock P. M. Present at said meeting: R. C. Mason, duly elected as Mayor, and R. J. Spader, Place ;F1, A. Roy Re�rnolds„ Place #21 Jack A. Stipes, Place ��3, J. E. Gaston, Jr., lace and Robert H. Stine, Places, duly elected Councilmen, each of whom took the oath of office in words and figures as follows: STATE OF ALABAMA Baldwin County City of Fairhope 19 , do solemnly swear that I will support the onstitution of the United States, and the Constitution of the State of Alabama, so long as I continue a citizen thereof; and that I will faithfully and honestly discharge the duties of the office upon which I am about to enter, to the best of my ability. So help me God. The said Mla,yor and City Council having been duly elected and qualified and all being present the Mayor called the meeting to order. Marie Ioore, the former Clerk, was present and acted -as temporary Clerk.11 Councilman Stipes offered the following resolution which was duly seconded and unanimously adopted: RESOLUTION WHEREAS, the City Council of the City of Fairhope whose terms are expiring as of October 5, 1964.,_ and, WHEREAS, it is the opinion of the incoming City Council that the services rendered by the outgoing City Council be recognized, NOW, THEREFORE, be it hereby resolved by the newly elected City Council, namely, Mlayor A. C. Macon and Councilmen Richard J. Spader, A. Roy Reynolds, J. A. Stipes, James E. Gaston, Jr., and Robert H. Stine, hreby express their deep appreciation for the splendid work and progress and the forward thinking expressed by the acts of the outgoing City Council, namely, Mayor Joe Schneider and Councilmen Richard J. Spader, Lester I. Boone, James E. Gaston, Jr., W. J. Nelson, and Walter Poser, and, BE minutes Council IT FURTHER RESOLVED that this resolution be spread upon the of this meeting and be made a permanent record of these proceedings. Done this 5th day of October, 1964. R. C. Macon,Mayor Richar . nci Spader, ouTman R. oy reyno ds, Councilman J. A., Stipes, Councilman James E. Gaston, Jr., Councilman :Robert H. Stine, Councilman 2 Reverend H. B. Shepherd of the First Baptist Church of Fairhope gave the invocation. Motion by Councilman Gaston seconded by Councilman Stipes that the regular meetings of the City Council be held on the 2nd and 4th Mondays of each month at the City Hall at 7:30 P. 11-1. The first regular meeting to be held on Monday, October 12, 1964. Motion carried unanimously. Councilman Stine offered the following Resolution which was seconded by Councilman Reynolds and unanimously adopted: BE IT RESOLVED that the proper steps be immediately taken to inaugurate a study of a merit system for the Police Department of the City of Fairhope; and, BE IT FURTHER RESOLVED that a study be made along with the establishment of a merit system with a view toward creating graduated grades of rank for the City of Fairhope Police Department along the lines of Captain, Lieutenant, Sergeant, and various grades or ranks of patrolman,. Notion by Councilman Gaston seconded by Councilman Spader that Marie Moore be elected as City Clerk and Treasurer. Motion carried unanimously. Mayor Macon nominated John Duck as City Recorder which was seconded by Councilman Reynolds and unanimously adopted. The followino- Resolution was presented by,Mayor Macon and seconded by Councilman Gaston: RESOLUTION WHEREAS, due to the need to Fill the offices of City Clerk - Treasurer and City Recorder those appointments were made on October 5, 1964; and, WHEREAS, the Council taking office on today, October 5, 1964, are in the main unfamiliar with the workings of the maintenance department, Police Department and other Departments, and, WHEREAS, it is necessary that the members of the City Council further familiarize themselves with the several different departments in order that an intelligent selection of individuals to occupy permanently the positions needed in the various departments and, BE IT FURTHER RESOLVED that individuals occupying these appointive positions; with the exception of the Business Adminis- trator; are hereby instructed to continue to carry out their duties until such time in the future when the 14ayor and City Council of the City of Fairhope should decide to free the positions referred to on a permanent basis. Councilman Gaston withdrew his second for discussion on proposed Resolution. After general discussion Councilman Gaston seconded the adoption of the Resolution. Mayor '1"aAcon called for vote with the following results: Voting :Yea: Mayor Zriacon, Councilmen Gaston and Stine. Voting nay: Councilmen Stipes, Reynolds and Spader, thus creating a tie necessitating Mayor Mgaon voting yea to break the tie. Resolution adopted. It was duly moved and seconded th t e meeting adjourn. Motion carried. Mayor 0- City 1erk —' r r� r Fairhope, Al.ab tober 21 1964 To the Mayor and Councilmen, City of Fairhope, Ala. J Gentlemen; I wish to register a vigorous protest against the closing of Church Street for the following reasons: 1.. You are imposing an uncalled for and unnecessary inconvenience on the motoring public of Fairhope. 2. You are forcing additional traffic on an already over-crowdod Section Street. 3.The children can cross Church Ste safely with a manually operated red stop light and the school patrrol. 4. WHY do they have to cross Church St.?? There is a vast area behind the school which appears to be adequate for all students. 5. Believe it or not, some of the time the children are in the school room, and there are many periods during the day when the street is deserted, yet no one may pass because of the barrier. Is this reasonable ?? 6. Last and most important- these young children are practically being trained to disregard traffic, a hazard they will always have to contend with. They are encouraged to dart into the street without looking; to the right or the left, and they are encouraged to play in the street which is definitely dangerous. When you read in the paper of a child being hit by a car, invariably it is because the child suddenly ran into the line of traffic.(See enclosed clipping from the Mobile Press October 17 1964). Children are naturally careless and heedless and need constant daily training to cope with the dangers of traffic which they encounter everywhere. If they blithely ignore traffic elsewhere as they are encouraged to do on Church Street, they may well come to grief. Yours truly, a A P d Mike Cook, 8, Bates' Lvilleiwas killed Friday "afternoon }vlien�he darted in the path;aoa ca'r;4about two miles e�strvf Bat s We on Highway ter. ` BEASLEY NURSING HOME, INC. 108 CHURCH STREET FAIRHOPE, ALABAMA J OCTOBER 26, 1964 CITY COUNCIL, CITY OF FAIRHOPE, FAIRHOPE, ALABAMA. GENTLEMEN: AT YOUR LAST REGULAR MEETING YOU TOOK ACTION WHICH RESULTED IN THE CLOSING OF CHURCH STREET IN. FRONT OF THE ELEMENTARY SCHOOL. THE MINUTES AS APPEARED IN THE FAIRHOPE COURIER STATED THAT THE ACTION WAS TAKEN AND SOME PLAN WOULD BE WORKED OUT TO CLEAR UP THE SITUATION EXISTING. WE EARNESTLY REQUEST THAT YOU TAKE SOME DEFINITE ACTION AT YOUR EARLIEST POSSIBLE CONVENIENCE THAT WILL NOT ONLY PROTECT THE CHILDREN BUT WILL, ALSO, OPEN THE STREET AND MAKE IT AVAILABLE FOR TRAFFIC. WE HAVE HESITATED IN BECOMING INVOLVED IN THIS CONTROVERSIAL ISSUE AND WERETOLD BY THE LAST CITY ADMINISTRATION THAT THE SITUATION WOULD BE CORRECTED. AT A GREAT EXPENSE TO' THE CITY OF FAIRHOPE, A STREET WAS BUILT AND OPENED TO THE WEST OF THE SCHOOL HOUSE AND IT WAS AGREED TO THE BEST OF OUR KNOWLEDGE THAT THIS WOULD ALLOW THE OPENING OF CHURCH STREET. ALSO, IT HAS BEEN BROUGHT TO OUR ATTENTION THAT THE BALDWIN COUNTY BOARD OF EDUCATION AGREED TO THIS PLAN. WE ARE CONCERNED NOT JUST FROM THE STANDPOINT OF ACCESS TO THE NURSING HOME BUT, MAINLY BECAUSE OF THE FIRE HAZARD INVOLVED, AY KEEPING THE STREE�TH RE HAS CREATED SUCH A TRAFFIC CONGESTION THAT IT WOULD BE PRACTICALLY IMPOSSIBLE FOR ANY VEHICLE, AMBUALANCE OR FIRE TRUCK TO HAVE QUICK ACCESS TO THE HOME, AND IT IS ON THIS BASIS THAT WE ARE ASKING THAT CHURCH STREET BE OPENED. YOURS RESPECTFULLY, BEASLEY NURSING HOME, INC. cJOHN M. BEASLEY, POEMIDENT JMB:LM ,C 24 HOUR NURSING CARE October 27, 1964- Mrs. Marie Moore City Clerk This is your authority to pay the following; salaries effective October 15, 1964: Howard Huge $450.00 Marie Moore 500.00 C. B. Niemeyer 500.00 l r R. C. Macon Mayor, City of Fairh/ope 3TATE OF ALA3AMA' BAL V Dr 7 VIN COUNTY THI3 AGREEMENT made and entered into on this the day of A,) 1964, by and between the CITY LCUNCIL of the CITY OF FAIRHOPE* ALJABAM.�i. or its duly authorized representa- tive, Party of the First Part, (hereinafter called the Aty), and BYRD L. MOORE A -SD COMPANY, INC., a corporation, Party of the iecond Part, (hereinafter called the Engineer), WITNEZ-)SETH: VaiEREAS, the City is desirous of making municipal improve- ments and constructing or improving public facilitie6 as specifically ordered and desAS*nated by the City and duly recorded in the minutes of a meeting of the City C-ouncill and, WHEREAS, it has been agreed between the parties hereto that the City retain the said Byrd L. Moore an(7, Company, Inc., in the capacity of Engineer for the purpoac of making surveys and investi- gations, preparing plans, specifications and estimates of cost and furnishing consulting service as may be desired by the City, NOV-7, THEREFORE, in consideration of the premises, the mutual covenants herein contained and the sum of oN,L DOLLAR ($1.00) by each of the -parties to the other in band paid, the receipt whereof is hereby acknowledged, the parties hereto agree as follows: I. The _ngineer agrees to provide engineering ser- vice� and consultations for project-3 he is reque&ted to work on, as follows: .1. Make ---uch preliminary investigations, reports, and re- commendations for the projects involved as necessary. B. Aake field survey,; and prepare detailed plans and speci- fications for construction tociether with estimates of quantities and costs as soon as completed, furnish the City with necessary copies of all plans, detail drawings, specifications, and estimates of quantities and costs covering the work involved. �-. Prepare proposal forms, notice to bidders, and assist the (-Aty in securing bids. make recommendations to the City, based on an analysis of bids, concerning the award of contract, and re- commend concerning the relative merits of materials. ;. Provide the necessary supervision of construction, con- sultation, advice and reports as are rriquired for the completion of the work (construction line and grade surveys to be furnished by contractor). ARTICLE II. It is hereby mutually agreed between the parties hereto as follows: A. The responsibilities of the :Engineer do not extend be- y;ond :hose stipulated in .article I above except by :supplemental agr--event with the city. B. The location of all existing utilities necessary to pro- per design of plans for the above designated projects shall be the responsibility of the City. Co <'�ny necessary sub -surface investigations or testing of materials shall be the responsibility of others. ARTICLE' III. It is hereby mutually agreed between the parties hereto that the City will pay to the engineer for services rendered in accordance with ARTICLE6 I and II above an amount equal to eight and one-half percent (3L1�L) of the Engineer's estimated cost as fol- lows: -�urveysc and Plans: Upon completion of services stipu- lated under Paragraphs A and B of Article I above, an amount equal to five and one-half percent (5-�%) of the construction cost, as de- termined by the Engineer's estimate, will be paid to the Engineer. B. Letting: Upon completion of services stipulated under Paragraph C of 'trticle I above, an amount equal to one-half of one percent () of the construction cost, as determined by the Engineer's estimate, will be paid to the Engineer. (In the event work is per- formed by contract, the combined payment under Paragraphs f^, B and c of %rticle I above, shall be equal to but shall not exceed six percent (&%) of the amount of the lowest bid accepted by the ;ityi except that the fee as stipulated above shall not be reduced due to curtailment of the designated work. -2- C. supervision of Construction: Upon completion of ser- vices stipulated under Paragraph D of Article I above, an amount equal to two and one-half percent (21�%) of the actual construction cost will be paid to the Engineer. (Monthly payments shall be made to the Engineer at his request, and shall'be based on the amount of work performed during the preceding month.) D. Final payment under Paragraph D of Article I above shall be adjusted to provide that the total fee as stipulated in Article III shall be equal to but shall not exceed eight and one-half per cent of the actual construction cost of the work performed. E. In the event that sub -surface investigations or testing of materials is necessary, the Engineer's Contract may be increased under Article III, Paragraphs C and D, by the mutually agreed addi- tional cost. ARTICLE IV. rrbitration Clause: In the event that the City and the Engineer fail to agree in relation to matters of payment, or other matters in connection with the performance of work done under this Contract, such matters :shall be referred to a board of arbitration. Said board shall consist of three (3) members, one to be selected by the Engineer, one to be selected by the City, and the third to be selected by the first two members. Any decision agreed to by two of the members of the board shall be final and binding on both parties hereto. Each party shall pay one-half the cost in- curred by said board of arbitration. ARTICLE V. The City Council of the City of rairhope may, at its discre- tion, terminate this contract upon thirty (30) days written notice to the Engineer at any time, EXCEPT that work begun by the Engineer shall be completed by him and he shall be paid for it. The said parties for themselves, their successors, adminis- trators and assigns do hereby agree to the full performance of the covenants herein contained. IN WITNB S�'5 w ii:' C3F, this instrument is executed, in dupli- cate, one copy being held by each of the parties hereto, on this the / w day of C � 1964. CITY OF FOQE, ALABAM ,- R. C. Macon, Mayor C'tyeer BY2D L. MOORE "ND COMPANY, INC. BY ATTEST: r r-c or -4L t-zomA "*Idwin 'ou.-kty w u rd j :ju ad e P f do Aolownty wour thot I Witt,art th-* "'On'&Gtutioi-' Uf the Jnitod 'Aave:;& cnu- tho �'onstitution of the of s'o long a- contirwe a citizon thereof; and that I vitl fclthiaLtry hoi tliscrthe duties of Uje otficd apon'which I a y dh.', Sim about to enter, to the bvit of my i its-. -zo hetme God. ,worn tj abscribed before vo this '0 day -of —"Ober$, i UO c tc 0 1 �T.-aTf GF AL.A&WA" baLdwin County wily of Fairftpa dr,) solaxnLy . te r th-At ! LI sups Ort the C-OgsGtvt-*Ol7 of th,�� 0,nit ` n { the "Onstitut *on of ttm _,t : ` of L. bar. , :o Loft 3,i 1 n t i nu* a c i t izen► fiberao t 2rxl Vi. r f p i t faithfully cared hors ;fty di3Chjr9,o Me dutie3 of the otfica ujx;�n ,ailich ! an about to antart to t% be -it of my ut.i1ity. 3o h*lpxe God. i greed ?� y • Sworn to :vYJ sufrscri a before 1)i's day w� �-ctr�t~ r 1964. «�; d y °u c Ny Coarriisaion I SrArt-Or AL ASAMA 6aldwin 11-ounty City of Fair*ope do "teanty swoar th:zt / will supi,ort the krl-onstitut ion of the Unit *d .;totes, and the "onstituticon of the 11tau id of so long %Aj I continue .i citizcn thereof; ind' thail I will faithfuLly and h0ne, t t y di3ch-Irgo the duties of t,;I)a Offica uj-,,-,.-)n wtijoh am about to tmtvr, Li the bait of ray �bjtjtj. 'io heli-, xe ("Yod. ign ,zworn to and subscribed beforas " this /,Z day I;ctober, 1964. my Com",iission emp i res I 0 STATE Or AL 'ABAHA Saldwin -�I-ounty City of Fairhope do solemnly ::{wear that i w -111 sui ort the �6ns t i t u t ion ref the Un i ted t es, and the -'onstitution of the _Jtate of Alabama, so Long u,3 1 continue a citizen theroot; and thai' / will faithfully an%J honestly discharge the duties of the office upon which am about to enter, to the- bo-3t of my -&ility. So help me God. igned 1 this to !ind subscribed before me this day of tictober, 1964. hotary Public My Commission expire uldwin 'aunty City of Fa i rhope _, ...� �. R- , do -sU l earn 1 y swear that i w i l iup:, ort the C-'onst i tut ion of the united AC..tes, and the °�=ranstitution of the :.testa of '�l: ia��, o long continue a citizen thereof; ;trait ti,)-11 t will faithfully cnd ho»a: tly disckirge the duties of the office upon which am about to enter, to the best of toy _Abi t ity. . o help me God. ,y a i yned r Sworn to lind subsc:ribad before -ne His '=s� day of v saber, 1964. 'Yotary,FubLic My Com, i sa i can exp i re4 _ --2 2- �