The URL can be used to link to this page

Home My WebLink About12-18-1964 Unadjourned MeetingSTATE OF ALABAMA COUNTY OF BALDWIN The City Council of the City of Fairhope met in unad ourned session at the City Hall on Thursday, December 18, 1964 at 7:00 P. M. with the following members present: Mayor Macon, Councilmen: Spader, Reynolds, Stipes, Gaston and Stine. After evaluation of garbage bids it was moved by Councilman tine seconded by Councilman Reynolds that the City accept proposal and aece low bid as presented bar Eugene Bosby, to be effective an2 uary 1, 1;65. Motion carried unanimously. Motion by Councilman Stipes seconded by Councilman Stine that City accept contract proposal for extension of Bancroft and street from Section to Fairwood in front of High School Gymnasium as presented by Moore Engineers. Motion carried unanimously. Notion by Councilman Stine seconded by Councilman Reynolds that the following Resolution be adopted: WHEREAS, The Cit Council of the Cityof Fairhope, Alabama, desires to recognize he unusual and outstanding services rendered the City of Fairhope by its Police Department, and, WHEREAS, devotion to duty is a rare and unusual character trait that should be properly recognized, and, WHEREAS, the members of the Police Deppartment of the City of Fairhope have displayed their devotion to dutyb working diligently over and beyond that which is required of them in solvinz a most heinous crime occurring during the week of December 11 through 16th, NOW, THEREFORE, be it hereby proclaimed by the Mayor and City Council of the City of Fairhope that be officially commended by the City or rairhope ror Kis raltnful devotion to duty and his great ability displayed in solving the terrible crime and bringing to justice the perpetrator thereof bdxeen the dates of December 11, 19649 and December 16, 1964, and, BE IT FURTHER PROCLAIMED that this official commendation be made a part of and spread upon the minutes of the Council proceeding of December 14 1964, in its adjourned meeting of December 17 19964, and that this proclamation be duly presented on December 18, 1964. Done this the 17th day of December, 1964. CI OF AIRHOPE BY MAYOR 1 Motion carried unanimously. Motion by Couuilman Gaston seconded by Councilman Stine that the Recreation Board operate within the framework of original Resolution creating same and operate within funds as allocated by City Ordinance. It is the recommendation of the City Council that ------work on the Swimming Pool be completed from Recreation funds available before any other projects are undertaken. Motion carried. Motion by Councilman Reynolds seconded by Councilman Stine that ,_.___.__--,Jaak Stipes be appointed to the Recreation Board for a period of five years. Voting for: Councilmen: Spader, Reynolds, Gaston and Stine. Councilman Stipes not voting. Notion carried. Councilman Gaston nominated Gordan Burton to serve on the Recrea- tion Board for a period of five years. Mr. Burton unanimously appointed. '2o Motion by Councilman Gaston seconded by Councilman -Stine that City appropriate necessary funds to install concrete drain at the Municipal Airport in order to accept donation of 20 tons of plant mix from Mr. Radcliff. Motion carried unanimously. Motion by Councilman Gaston seconded by C oilman Reynolds that the meeting adjourn. Motion carried. APPROVED MAYOR ATTEST: CITY CIZ#K 11 STATE OF ALABAMA BALDWIN COUNTY THIS AGREEMENT made and entered into on this the of ��,� , 1964, by and between the CITY COUNCIL the CITY OF FAIRHOPE, ALABAMA, or its duly authorized representa- ive, Party of the First Part, (hereinafter called the City), and D L. MOORE AND COMPANY, INC., a corporation, Party of the Second art, (hereinafter called the Engineer), WITNESSETH: WHEREAS, the City is desirous of making municipal improve - is and constructing or improving public facilities as specifical: ered and designated by the City and duly recorded in the minutes f a meeting of the City Council, and, WHEREAS, it has been agreed between the parties hereto that City retain the said Byrd L. Moore and Company, Inc., in the city of Engineer for the purpose of making surveys and investi- ations, preparing plans, specifications and estimates of cost and urnishing consulting service as may be desired by the City, NOW, THEREFORE, in consideration of the premises, the mutua enants herein contained and the sum of ONE DOLLAR ($1.00) by ea f the parties to the other in hand paid, the receipt whereof is reby acknowledged, the parties hereto agree as follows: ARTICLE I. The Engineer agrees to provide engineering ser- ices and consultations for projects he is requested to work on, as ollows: A. Make such preliminary investigations, reports, and re- commendations for the projects involved as necessary. B. Make field surveys and prepare detailed plans and speci- fications for construction together with estimates of quantities an( 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. C. Prepare ,proposal forms, notice to bidders, and assist the City in securing bids. Make recommendations to the City, based [Y Iq n an analysis of bids, concerning the award of contract, and re- ommend concerning the relative merits of materials. D. Provide the necessary supervision of construction, con- sultation'. advice and reports as are required for the completion of, he work (construction line and grade surveys to be furnished by ontractor). ARTICLE II. It is hereby mutually agreed between the partiE as follows: A. The responsibilities of the Engineer do not extend be - and those stipulated in Article I above except by supplemental greement with the City. B. The location of all existing utilities necessary to pro- er design of ,plans for the above designated projects shall be the esponsibility of the City. C. Any necessary sub -surface investigations or testing of terials shall be the responsibility of others. ARTICLE III. It is hereby mutually agreed between the parti ereto that the City will pay to the Engineer for services rendered' in accordance with ARTICLES I and II above an amount equal to eight nd one-half percent (81-'/6) of the Engineer's estimated cost as fol- ows: A. Surveys and Plans: Upon completion of services stipu- ted under Paragraphs A and B of Article I above, an amount equal o five and one-half percent (51%) of the construction cost,, as de - ermined by the Engineers estimate., will be paid to the Engineer. B. Letting: Upon completion of services stipulated under aragraph C of Article I above, an amount equal to one-half of one ercent U-2%) of the construction cost, as determined by the Engineer stimate, will be .paid to the Engineer. (In the event work is .per- ormed by Icontract, the combined payment under Paragraphs A, B and of Article,I above, shall be equal to but shall not exceed six ercent (6%) of the amount of the lowest bid accepted by the City) xcept that the fee as stipulated above shall not be reduced due to urtailment of the designated work. es IS !WZ 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 (2"2%) 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 shali be adjusted to provide that the total fee as stipulated in Article iIII shall be equal to but shall not exceed eight and one-half per cent (8�2-%) 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. Arbitration Clause: In the event that the Cit)l 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- urred by said board of arbitration. ARTICLE V. The City Council of the City of Fairhope 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. - 3 - ►6 IN WITNESS WHEREOF, this instrument is executed,, in dupli- cate, one copy being held by each of the parties hereto, on this the /� day of ��, ¢� , 1964. kTTEST: City Clerk kTTEST : ' CITY OF-F IRHOPE, ALABAMA R. C. Macon, Mayor BYRD L. MOORE AND COMPANY, INC. �eulZ1 BY � me