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HomeMy WebLinkAbout03-28-1966 Regular MeetingSTATE OF ALABAMA COUNTY OF BALDWIN The City itCouncil of the City of Fairhope-met in regular session at the City Hall, Monday, March 289 1966 at 7:30 P.M. with the following members present: Mayor Macon, Councilmen: Spader,. Stipes Reynolds, Gaston and Stine. The minutes of the previous regular meeting were approved. A group of citizens interested in Babe Ruth and Little League baseball met with the Council pertaining to additional ball fie]cb on City property on Greeno Road. Charley Belew was spokesman for the group. Motion by Councilman Spader seconded by Councilman Stine that the City rescind the following portion of a motion made at the Decem- ber 18, 1964 meeting of the City Council. "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 unanimously. Motion by Councilman Spader seconded by Councilman Stipes that the Recreation Board be authorized to proceed with ball parks with funs now available and that the City authorize an advance of $15000.00 from Gas department funds to be paid back at $$200.00 per,month from al]ocated Recreation Funds. Motion carried unanimously. Motion by Councilman Reynolds seconded by Councilman Stine that permission be granted to the Jaycees to hold Water Festival and have a concession on the beach on July 4, 1966. Motion carried unanimously. Motion by Councilman Reynolds seconded by Councilman Gaston that White Auto Store be granted permit to install canopy as requested provided owner agrees to remove, at this expense, when contract is let for 4 lane highway so as to conform with City Ordinance. Motion carried unanimously., Motion by Councilman Stipes seconded by Councilman Reynolds that a report be given to the City Council by the Mayor on thorough investigation of cutting trees on Fairhope Beach. Upon being.put to vote the following vote was recorded: Voting For: Councilmen Stifles, Spader and Reynolds. Voting Against: Councilman Stine. Councilman Gaston abstained from voting. Motion carried. Motion by Councilman Spader seconded by Councilman Reynolds that tl City negotiate with owner for property directly north of City Hall with the provision that the City can get the same kind of lease from the Fairhope Single Taxi Corporation as they now have on City Hall property. Motion carried unanimously.= Motion by Councilman Reynolds seconded by Councilman Gaston that the following Ordinance be introduced:L .s 9J ORDINANCE NO. 3, 6 AN ORDINANCE TO REPEAL SECTION 20-9 OF THE "CODE OF ORDINANCES, CITY OF FAIRHOPE, ALABAMA" AND TO EXEMPT FROM AD VALOREM TAXES THE FOLLOWING DESCRIBED AREA, TO -WIT: BEGINNING AT THE SOUTHWEST CORNER OF THE NORTHWEST QUARTER OF SECTION 20, TOWNSHIP 6 SOUTH, RANGE 2 EAST:; THENCE RUN EAST 19320 FEET, MORE OR LESS, TO THE SOUTHEAST CORNEA OF THE CORPORATE LIMITS OF THE CITY OF FAIRHOPE, ALABAMA; THENCE RUN NORTH ALONG SAID CORPORATE LIMITS 820 FEET, MORE OR LESS; THENCE WEST 361.68 FEET; THENCE RUN SOUTH 282.69 FEET TO A POINT ON THE CENTER LINE OF KIRKMAN LANE EXTENSION; THEN( RUN NORTH 580 45' WEST ALONG THE CENTER LINE.OF KIRKMAN LANE 300 FEET TO A POINT; THENCE RUN SOUTH 450- 00' WEST 19021 FEET MORE OR LESS, TO THE POINT OF BEGINNING. CONTAINING 18 ACRES, MORE OR LESS, AND LYING IN THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 209 TOWNSHIP 6 SOUTH, RANGE 2 EAST, BALDWIN COUNTY, ALABAMA. ItUArPI� THE WEST HALF OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER ANDTHE SOUTH 290 FEET OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 169 TOWNSHIP 6 SOUTH, RANGE 2 EAST, CONTAINING 24.4 ACRES, MORE OR LESS, AND LYING IN THE SOUTHWEST QUARTER OF SECTION 163, TOWNSHIP 6 SOUTH, RANGE 2 EAST, BALDWIN COUNTY, ALABAMA. BE IT QJQDAINED by the City Council of Fairhope, Alabama as follows SECTION 1 - That Section 20-9 of the "Code of Ordinances, City of Fairhope" be, and the same is hereby repealed. SECTION 2 - The area within the boundaries of the City where all of said services are not being rendered and which is exempt from City AdValorem Taxation is described as follows, to -wit: Beginning at the Southwest corner of the Northwest Quarter of Section 20, Township 6 South, Range 2 East; thence run East 1,320 feet, more or less to the Southeast corner of the Corporate Limits of the City of Fairhope, Alabama; thence run North along said corporate limits 820 feet, more or less; thence West 361.68 feet; then run South 282.69 feet to a point on the center line of Kirkman Lane Extension; thence run North 58c' 45' West along the center line of Kirkilan Lane 300 feet to a point; thence run South 450 00" West 19021 feet more or less, to the Point of beginning. Containing 18 acres, more or less, and lying in the Southwest Quarter of the Northwest Quarter of Section 20, Township 6 South, Range 2 East, Baldwin County, Alabama. The West half of the Southwest Quarter of the South- west Quarter and the South 290 feet of the Southwest Quarter of the Northwest Quarter of the Southwest Quarter of Section 16, Township 6 South, Range 2 East, containing 24.4 acres, more or less, and lying in the Southwest Quarter of Section 16, Township 6, South, Range 2 East, Baldwin County, Alabama. ADOPTED, this the day of , 1966. ATTEST: 9f Notion by Councilman Reynolds seconded by Councilman Stine that the following Resolution be adopted: RESOLUTION A RESOLUTION au ho#zii g empowering and directing the execution by the Mayor of Fairhope, Alabama, of a contract between the CITY OF FAIRHOPE, ALABAMA and ALABAMA POWER COMPANY, its successors or assigns, for power supply to the municipal electric system. BE IT RESOLVED by the City Council of the City of Fairhope, Alabama, as follows: SECTION 1. That the Mayor of the City of Fairhope, Alabama, be and is hereby authorized, empowered and directed for and on behalf of the City Council of the City of Fairhope to execute a contract with the ALABAMA POWER COMPANY, a oorporation, its successors or assigns, the terms of which are herein set out and approved in all things by the City Council of the City of Fairhope, Alabama, to -wit; SECTION S. Be it further resolved that the Mayor of the City of Fairhope, Alabama, is hereby authorized, empowered and directed to execute the foregoing contract in triplicate in the name and on behalf of the City Council and to affix the corporate seal of said corporation thereto, and when the same is executed, said Mayor shall deliver two copies of the executed contract to said Alabama Power Company, its successors or assigns, and retain the other copy. SECTION 3. Be it further resolved that the Mayor of the City of Fairhope, Alabama, be and he is hereby authorized and directed for and on behalf of the City Council to join with Alabama Power Company, its successors or assigns, in requesting the Alabama Public Service Commission to approve the contract set forth in Section 1 of this resolution.. Adopted this the 28th day of March, 1966. Approved this the 28th day of March, 1966 City Clerk Resolution unanimously adopted. Notion by Councilman Gaston seconded by Councilman Stipes that the City Clerk be authorized to combine the 1962 6treet Improvement Account, 1963 Street Improvement Account and the General Obligatio Public Improvement Bond and Interest Account into the City of Fair hope Street Improvement Account in the First National Bank of Fairhope. Motion carried unanimously. The request to install community antenna television system was tabled. Notion by Councilman Reynolds seconded by Councilman Stipes that City accept street right-of-way deeds from Robert Nahrgang, Jr. and Candace Nahrgang and one from Robert R: Nahrgang and Marjory Nahrgang. Notion carried unanimously. Motion by Councilman Stine seconded by Councilman Gaston that George Dyson be authorized to install approximately 600 feet of sewer line on Blue Island Avenue from Winn Lane north to present sewer line. Motion carried unanimously. Motion by Councilman Gaston seconded by Councilman Stipes that the following Ordinance be introduced: Notion carried: %7 GRADE ORDINANCE NO. „ 357--- AN ORDINANCE FIXING AND ESTABLISHING THE GRADE OF A CERTAIN PORTION OF AZALEA STREET, BON SECOUR STREET, BLUE ISLAND AVENUE, ETTLE STBEET,'GHAND AVENUE,'INGLESIDE STREET, MILLER AVENUE, PATLYNN DRIVE, PECAN STREET, PERDIDO AVENUE, POMELO STREET, RONFORTH STREET, WILFRED STAEET,_WHITE AVENUE, GYMNASIUM DRIVE AND THIRD AVENUE. BE IT ORDAINED by the City Council of the City of Fairhope, Alabama as follows: SECTION 1 - That the grade of Azalea Street, Bon Secour Street,. Blue Island Avenue, Ettle Street, Grand Avenue, Ingleside Street, Miller Avenue, Pa�lynn Drive, Pecan Street, Perdido Avenue, Pomelo Street, Ronforth'Street, Wilfred Street, White Avenue, Gymnasium Drive and Third Avenue, be, and the same are hereby fixf ed and established as shown on the plans heretofore exhibite to the City Council and now on file and open for inspection mn the office of the City Clerk. SECTION 2 - That this Ordinance shall be published in The Fairhope Courier, a newspaper published and of general circulation in the City of Fairhope, Alabama. Adopbd this the day of , 1966 ATTEST: R - CITYICLERK M tb In x � Motion by Councilman Gaston seconded by Councilman Stipes that the following Ordinance be introduced: Motion carried. IMPROVEMENT ORDINANCE NO. 358 AN ORDINANCE TO PROVIDE FOR CERTAIN IMPROVEMENT ON AZALEA STREET, BONSECOUR STREET, BLUE ISLAND AVENUE, ETTLE STREET, GRAND AVENUE,- INGLESIDE STREET, MILLER AVENUE, PAYLYNN DRIVE, PECAN STREET, PER- DIDO AVENUE, POMELO STREET, RONFORTH STREET, WILFRED STREET, WHITE AVENIIE, GYMNASIUM DRIVE AND THIRD AVENUE.. BE IT ORDAINED by the City Council of the City of Fairhope, Ala- bama as follows: SECTION 1 - That the following described streets in the City of Fairhope, Alabama shall be improved as hereinafter provided between the respective terminal points hereinafter set forth: - (a) AZALEA STREET: From the North edge of existing pave- ment of Dogwood to the South edge of e3gfisting pavement of Nichols 660 linear feet, more or less. (b) BON SECOUR: From the East edge of existing pavement on Gayfer to an intersection with a line parallel to and ten (10) feet West of the established centerline of Grand Avenue, 416 linea: feet, more or less. " (c) BLUE ISLAND AVENUE: From the South edge of ex;Eisting pavement on Gayfer to an intersection with the West projection of the South line of Winn Street, 995 linear feet, more or less. (d) ETTLE: From the existing pavement on Ettle to an intersection with a line parallel to and twenty (20) feet distant from the northeast right of way line of Fels Avenue 170 feet, more or leas. " (e) GRAND: From the East edge of existing pavement on Section Street -to -the West boundary of Fairwood Subdivision No. 10 1700 linear feet, more or less. (f) ING&SIDE: From the South edge of existing pavement on Gayfer to an intersection with the projection of the North bound of Winn Street, 945'linear feet, more or less. (g) MILLER AVENUE: From the East edge of existing pavement on Section Street to an intersection with a line parallel,to and 23 feet East'of the West boundary of Bon Secour, 830 linear feet, more or less.- (h) PATLYNN: From the North edge of existing pavement on Park Drive to the. -South edge of existing pavement on Patlynn 1467 linear feet, more or less. W PECAN: From the East edge of existing pavement on Church Street to the West edge of existing pavement on Section Street, 1897 feet, more or less. (j) PERDIDO: From the East edge of existing pavement on Section to the Southwest edge of existing pavement on Pensacola Avenue, 220 linear feet, more or less. (k) POMELO: From the North edge of existing pavement on Big Street to the South edge of existing pavement on Pecan Steet, 938 linear feet, more or less. (1) RONFORTH: From the North edge of existing pavement on Park Drive, 600 linear feet more or less along the established centerline of Ronforth to a point of ending.. (m) WILFRED: ibm that point where the established center- line of Wilfred Street intersects a line parallel to and 15 feet West of the -East right of way line of Ronforth, a distance of 400 linear feet, more or less, along said established centerline t a point of ending. (n) WHITE: From the East edge of existing pavement on White Avenue at Oswalt to the West boundary of Block 59 Central Park Sub -division, 380 linear feet, more or less. (o) GYMNASIUM DRIVE: (At Fairhope High School) From the North edge of existing pavement on Bayo Drive, orth West and ��&ho�oltb,g.existing pavement on Bayou Drive, �85 linear feet, 9S- (p) THIRD AVENUE: From that point where the established center line of Third Avenue intersects a line parallel to and 10 feet South of the established centerline of Pecan Street, a distance of 940 feet, more or less, to the South boundary of the North half of Section 19, Township 6 South, Range 2 East. Improvements to the hereinabove described streets shall be as follows: Both edges of a 25 foot roadway, the centerline of which shall be approximately in the center of the dedicated right of way shall be curbed and guttered with Portland Cement concrete combine( curb and gutter 6 inches thick and 2.5 feet wide; the curb lines of said gutters shall be connected with the curb lines of all intersecting streets, with Portland Cement concrete combined curb and gutter as above described, of suitable radius and the surface between the gutters to be constructed shall be improved by paving with Bituminous Plant M1xj 1j inches thick on a 6-inch compacted sand clay foundation; said improvement shall include grading and all necessary drainage structures, including concrete culverts, concrete pipe, valley gutters and drop inlets; manholes of brick with cast iron covers shall be constructed or reconstructed where needed. SECTION 2 - That the full details, drawings, plans, specifi- cations and surveys of the above described work and estimates whir] have been prepared by Moore Engineering Company, who has been duly designated and appointed City Engineer by this Council, have been fully considered and studied by this Council and hereby are adopter Said details, drawings, plans, specifications, surveys and estiaato shall be immediately placed on file in the office of the City of Fairhope, Alabama kwhere property owners who may be affected by such improvements may see and examine them. SECTION 3. That the improvements hereinabove described shall be made in accordance with the grades heretofore established by Ordinance and according to the full details, drawings, plans, specifications and surveys of said work and estimates herein adopted, all under the supervision of the City Engineer, SECTION 4 - That the cost of constructing said improvements shall be assessed against the property abutting on the portions of the streets so improved, provided: (a) That the cost of &,rest improvements, including ourbing and guttering on street and avenue corners shall be assessed against the lots or parcels of land abutting on or nearest to said improvements, and the cost of street improvements, including curb- ing and guttering at the intersection of any alley with a street, avenue or other highway shall be assessed in fair proportion againk the respective lots or parcels of land abutting or cornering on the alley at such intersection. (b) That no assessment shall exceed the cost of the improve- ments or the increased value of such property by reason of the special benefits derived from such improvements. SECTION 5 - That the City Council shall meet on the day of , 19669 at o'clock M* at the City Hall in rhe City of Fairhopeg a ama, to Rear objections, remonstrances or protests that may be made against said improvements, the manner of'making the same or the character of materials to be used. SECTION 6 - This Ordinance shall be published once a week for two (2) consecutive weeks in The Fairhope Courier, a newspaper published and of general circulation in the City of Fairhope, Ala- bama, the date of the first publication to be not less than two(2) weeks before the day of , 1966. SECTION 7 - copy of this Ord ranee shall --be sent by Registered Mail, postage prepaid, to the persons last assessing for City Taxation the property which may be assessed for said improvements, at their last known addresses, said notices to be so mailed by the City Clerk not less t an tet3�(10) days prior to the dayof , 19 TED this the day of 1966. Attest: :L 6 h-4 '0_� City Clerk Re Ce Macon - mayor ;t Motion by Councilman Stine seconded by Councilman Reynolds that the following Ordinance be introduced-* Motion carried. Ordinance No. 359 AN ORDINANCE TO AMEND THE SOUTHERN STANDARD BUILDING CODE BY ADDING THERETO AS FOLLOWS: THAT ALL HOOD FANS FOR KITCHENS AND APPLIANCES TO BE VENTED THROUGH THE ROOF OF THE STRUCTURE OR BE VENTED THROUGH TO THE OUTSIDE ATMOSPHERE. BE IT ORDAINED by the City Council of the City of Fairhope, Alabama that Southern Standard Building Code be amendOed and added to as follows: That all hood fans for kitchens and appliances or any other device installed over stoves, heaters, etc. that uses a fan in conjunction with a strainer to carry away odors, grease, or other residue, shall be vented through the roof of the structure or--_ shall be vented to the outside atmosphere. ADOPTED this the y of _ 1966. Attest: r e Moore - city er oon - yor Motion by Councilman Reynolds seconded by Councilman Stipes that the following Ordinance be introduced: Motion carried: Ordinance No. 360 AN ORDINANCE TO AMEND ORDINANCE N0, 211 OF THE SCHEDULE OF LICENSE, OF THE CITY OF FAIRHOPE, AMAMA BY ADDING SECTION 203 TO REQUIRE ANY PERSON, FIRM, CO -PARTNERSHIP OR CORPORATION FROM WITHOUT'THE CITY LIMITS OF FAIRHOPE, ALABAMA, WHO -DOES NOT -HAVE A -LOCAL CITY BUSINESS LICENSE, AND WHO IS NOT ENTITLED TOA LOCAL CITY BUBINESS LICENSE, TO PAY THE SAME FEE THEREFOR AS WOULD BE REQUIRED BY THE MUNICIPALITY FROM WHICH THE'PERSON, FIRM,'CO-PARTNERSHIP'OR CORPORATION HAS ITS ORIGINAL MUNICIPA.L'LICENSE, THAT IT REQUIRES FOR OUT-OF-TOWN PERSONS','FIRDIS, CO -PARTNERSHIPS OR CORPORATIONS DOING BUSINESS WITHIN ITS CORPORATE LIMITS, IN THE SAME OR SIMILAR TYPE BUSINESS. BE IT ORDAINED by the City Council of Fairhope, Alabama, that an Ordinance No. 221 of the Schedules of the City of Fairhope, Ala- bama be'amended by adding Section No. 203 as follows: To require any person, firm, eo-partnership or corporation from without the City Limits of Fairhope, Alabama, who does not have a local City Business Lioense,� to pay the same fee- therefor as would be regdred by the municipality from which the person, firm, co -partnership or corporation has its original municipal license, that it requires for out-of-town persons, firms, co- partnerships or corporations doing business within its corporate limits in the same or similar ty a business. ADOPTED, this the day oy , 1966 R. C. Macon Wyor ttest : e /moore - i3 otion by Councilman Spader seconded by Councilman Stipes that he Mayor, E 4ecutive Assistant, City Attorney and City Engineer e authorized to attend the Alabama League Convention in untsville, Alabama. Motion carried unanimously, ion by Councilman Stipes seconded by Councilman Stine that shon Street extension from Middle Street to Fairland be tabled it the next regular meeting of the City Council. Motion carried, ion by Councilman Spader seconded by Councilman Stipes that inane No. 352, AN ORDINANCE TO ADOPT THE SOUTHERN STANDARD CODE, 1965 EDITION, introduced at the regular meeting of oh 149 1966 be adopted as ffitroduced. Motion carried unani Potion by Councilman Reynolds seconded by Councilman Gaston that IRDINANCE N0. 353• AN ORDINANCE TO REPEAL SECTION 5-1 OF THE CITY 1F FAIRHOPE, ALABAMA AND IN ITS PLACE AND STEAD ADOPT THE SOUTHERN 1TANDASD BUILDING CODE 19659 AND'SOUTHERN STANDARD BUILDING CODE, AST 3 (PLUMBING) 196 EDITION,AND SOUTHERN STANDARD BUILDING 'ODE, PART 4 (thous NG�, be.adopted as introduoed at the -regular Meeting of March 14, 1966. 'Notion carried unanimously. otion by Councilman Stipes seconded by Councilman Spader that rdinance No. 354, AN ORDINANCE TO REPEAL SECTION 8-2 FROM THE CODE F ORDINANCES OF THE CITY OF FAIRHOPE, AND ALSO KNOWS AS ORDINANCE 0. 2369 SECTION 39 AND APT IN ITS PLACE AND ' STEAD AW ORDINANCE DOPTING THE NATIONAL ELECTRICAL CODE OF-A965, be adopted as introdi t the regular meeting of March 149_1966. 'Motion carried u'nanimous- lotion by Councilman Stine seconded by Councilman Reynolds that RDINANCE NO. 3559 AN ORDINANCE AMENDING SECTION 139 DISTRICT ,OUNDASIES OF ZONING ORDINANCE NO. 295, be adopted as introduced t the regular meeting of'March 149 1966. Motion carried unanimous: lotion by Councilman Stipes seconded by Councilman Spader that he City Superintendent prepare cost to build a catch basin and nstall pipe sufficient to take care of the water from Stacks Gully o the Bay south of the Casino and the cost per foot for bulkhead- ng the beach area to eliminate any further loss of the beaches. lotion carried unanimously, otion by Councilman Reynolds seconded by Councilman Stine that the ity reject bid submitted to the Council by Hubert W. Turner. otion carried unanimously.. otion by Councilman Stipes seconded by Councilman Reynolds that he City resufface alley between Gaston Motor Company and the Fire tation from Section Street East to Gaston's lot. George Dyson to ecure bids on same. Motion carried, ion by Councilman Spader seconded by Councilman Reynolds that meeting adjourn. Motion carried, est t City Cl ed 91 EXHIBIT ALABAMA POWER COMPANY CONTRACT FOR ELECTRIC SERVICE WITH CITY OF FAIRHOPE AGREEMENT made this 14th day of &Y , 1966, by and between ALABAMA POWER COMPANY, hereinafter called the Company, and the CITY OF FAIRHOPE, hereinafter called the Customer: IN CONSIDERATION of the mutual agreements hereinafter contained, IT IS AGREED: FIRST: That during the term of five (5) years beginning on the 18th day of December, 1966, and (unless notice of intention to termi- nate this agreement at the expiration of said five-year period be given in writing by either party to the other party at least six (6) months prior to the last day of said five-year term) continuing there- after until the expiration of at least six (6) months' written notice by either party to the other party of its intention to terminate this agreement, the Company shall maintain sufficient line and transformer capacity to enable it to deliver to the Customer at a delivery point located at the point of connection between the customer's 44,000 volt conductors and the company's 44,000 volt conductors, such point of connection being near Greeno Road and Twin Beech Road, near Fairhope in Baldwin County, Alabama, 10,000 kilovolt -amperes of electric power, in the form of three-phase alternating current at approximately 60 cycles frequency and at approximately 44,000 volts pressure; such power to be metered at 44,000 volts. SECOND: The Company shall supply the Customer from the capacity to be maintained hereunder, and the Customer shall take from the Company in accordance with the provisions hereinafter set forth electric energy for which the Customer shall pay each month in accordance with the following schedule of rates and charges (Such schedule of rates and charges to include the following subdivisions: (1) Rate per Month; (2) Determination of Billing Demand; (3) Minimum Bill; and (4) Tax Provisions): For the first 100 1.30 per For the next 100 0.60 per 0.50 per For all over 200 0.40 per RATE PER MONTH kilowatt-hours per KWH. kilowatt-hours per KWH for the first KWH for all over kilowatt-hours per KWH for all such KVA of billing demand: KVA of billing demand: 100,000 KWH; plus 100,000 KWH. KVA of billing demand: excess. 2 SUBSTATION DISCOUNT When the substation required for reducing the voltage below 44,000 volts is owned, operated and maintained by the Customer, the monthly bills .for service rendered hereunder shall be sub- ject to a discount based upon the Customer's billing demand for the current month of 450 per KVA for the first 1,50 KVA; plus 350 per KVA for the next 1850 KVA; plus 100 per KVA for all over 2000 KVA. DETERMINATION OF BILLING DEMAND The kilovolt -ampere demand used for billing purposes shall be based on the Customer's maximum integrated fifteen -minute de- mand during each service month, provided that such demand shall not be less than 75% of the demand established during any of the eleven (11) preceding months, nor less than 50 KVA. MINIMUM BILL The total monthly charge for service hereunder shall not be less than $1.50 per KVA of billing demand. TAX PROVISIONS In addition to the rates and charges stated above, there shall be added monthly an amount computed by multiplying the percentage of license or other privilege taxes levied by a municipality in the prior billing year on account of service to the customer under this contract times the amount of the customer's bill for the same month in such prior billing year. In addition to the rates and charges stated above, there shall be,.added any new oradditionaltax imposed upon the Company sub- sequent to May 1, 1955, by any governmental authority upon the service rendered hereunder; provided, however, that the form and level of any increased charge for such taxes shall be sub- mitted to and approved by a properly constituted state regula- tory body before being billed to the Customer. The Customer's maximum integrated fifteen -minute demand and the electric energy used by the Customer shall be measured by meters and instruments owned by the Company, and the Customer agrees to pay the Companymonthly for the same, at the rates set forth herein. THIRD: A bill for the service supplied hereunder shall be ren- dered by the Company for each month, and, if not paid at the Company's office in Birmingham, Alabama, within ten '(10) days next succeeding the date rendered, the Company may, at any time thereafter, upon five (5) days' written notice, sus end service; and, if not paid within a further period of fifteen (M days, the Company may, at its option, treat this agreement as terminated and at an end, whereupon all rights of the Customer hereunder shall cease. job - 3 - The Company may, however, extend the time for paying any one or more bills, or any part thereof, and its action in so doing, whether by taking the note of the Customer or anyone else with or without security or merely extending the time for paying such bill, or bills, shall be without prejudice to its right thereafter to suspend service as herein provided, and by so doing the Company shall not be held or considered as waiving any of its rights hereunder, including its right, at its option, thereafter to suspend service and/or to treat this agreement as terminated and at an end. FOURTH: If at any time the customer desires to increase the capacity required to be maintained`by the Company pursuant to the provisions of Article FIRST hereof, ninety days' written notice thereof shall.be given to the Company, and the Company shall then make the required increase in accordance with its rules and regula- tions applicable at the time of any such increase of capacity to its other similarly situated power customers. Should the capacity required to be maintained as aforesaid exceed by 25% or more the Customer's maximum integrated fifteen - minute demand during a period of six (6) consecutive months, the Company at its option may, upon thirty (30) days' written notice to the Customer, decrease the said capacity by the amount of such excess. After such decrease said capacity shall be subject to in- crease again -only as above provided. FIFTH: Unless otherwise expressly provided, the word "month" as used herein shall not be construed as meaning or referring to a calendar month, but shall refer to and mean the period between con- secutive meter readings taken by the Company for billing purposes. Meters will be read by the Company at'intervals of approximately thirty (30) days'for the purpose of determining the Customer's maximum integrated fifteen -minute demand and the energy consumed hereunder, and the rates and charges herein provided for shall be based upon such readings. SIXTH: The Customer agrees not to use any electric power other than that furnished by the Company hereunder without the written consent of the Company. SEVENTH: All transformers used for the purpose of reducing the pressure of electric power to the delivered voltage of approximately 44,000 volts, all transmission lines, switches, machinery and materials up to the delivery point referred to in -Article FIRST hereof, and all the Company's metering equipment, wherever placed, shall,be maintained and owned by the Company, and shall at all times be subject to its inspection, repair or alteration, and removable at its option. The Customer shall supply, without charge to the Company, a suitable loca- tion for the Company's metering equipment wherever placed. Everything on the Customer's side of said delivery point shall be supplied, main- tained,and operated by the Customer at its expense with a view of 1r . - 4 - securing a power factor as near 90% as may be deemed satisfactory to the Company. The Customer shall be responsible for the maintenance and repair of all equipment beyond the said delivery point, and the Company shall not be held liable for accidents of any -kind due to the condition of this equipment. The Customer shall use reasonable diligence to protect the pro- perty of the Company and each of the parties hereto shall reimburse the other party for any injury or damage resulting from defects in its equipment and property or from the negligence of its agents -and employees and shall indemnify such other party against liability for injury or damage suffered by third parties from.any such defects and/or negligence. The Company shall not be in any way responsible for the trans- mission or control of said.electrical energy beyond the aforesaid delivery point, which is the point of delivery to the Customer, and the'Company,shall not be liable for damages -on account of injuries to person or property -resulting in any manner from the receipt, use or.application.by the Customer of such electrical energy. The Customer agrees to keep its lines, apparatus, appliances and equip- ment in safe operating condition and does hereby agree to indemnify and save harmless the Company on account of any claims and/or damage whatsoever to persons or property resulting from, or which may in any way caused by, or arise out of, the operation and maintenance of the lines, apparatus, appliances and equipment belonging to the Customer. The Customer shall, allow the Company free access and entry to the Customer's properties and premises and the Customer hereby grants to the Company such�.rights of way for transmission lines and ease- ments for the necessary switching facilities'on, over, and across the Customer's property and premises as maybe required for the purpose of rendering service to the Customer and to others located in the aforesaid service territory of the Company. EIGHTH: The obligation of the Company hereunder are dependent upon its securing and retaining the necessary,ri,ghts, easements, privileges, franchies, permits, material and apparatus, and the Company shall not be liable to the Customer in the event it is delayed in the delivery of power or is prevented from furnishing the service herein provided for by its failure to secure and retain such rights, easements, privileges, franchises, permits, material and apparatus and the service hereunder shall also be subject to all laws, rules and regulations under which the Company may,from time to time be operating. In the event the Company is delayed in delivering power from any,of the above causes, the time fixed for the commencement of the term of this agreement shall be extended for a period equal to such delay, and if the service is interrupted from injunction, strike, riot, invasion, flood, fire, accident, - 5 - breakdown, or from maintenance or repairs of its system or any part thereof, or from any cause beyond the Company's control, the Company shall not be liable to the Customer for such interruptions but shall use its best efforts to restore the service promptly, and during such interruptions the Customer shall have the right to use such other power as may be available. The obligations of the Company and of the Customer under the terms of this agreement are further dependent upon and subject to the con- ditions brought about by war, the necessities of war, or the demands of the United States Government, and the Company assumes no obligation hereunder to continue the delivery of any quantity of power when or in the event it is required to supply such power to the United States Government, or to any person, firm, corporation, business or industry designated by the United States Government. NINTH: A waiver of one or more defaults by either party hereto shall not be considered a waiver of any other or subsequent default by such party. TENTH: This agreement shall not become effective and binding until it has been filed with, and approved by the Alabama Public Ser- vice Commission. Upon such approval, all previous communications and contracts between the parties hereto, whether verbal or written, with reference to the subject matter of this agreement and bearing a date prior to the date hereof, are hereby abrogated, and no modi fication hereof shall be binding unless it shall be in writing duly' executed by an executive officer of the Customer and an executive officer of the Company and approved by the Alabama Public Service Commission. This agreement shall not be assigned by the Customer without the written consent of the Company. IN WITNESS WHEREOF, the parties hereto have caused this agree- ment to be executed in duplicate in their names by their respective proper officers thereunto duly authorized, as of the day and year first above written. ATTEST: By Secretary ATTEST: 61 ALABAMA POWER COMPANY By Vice President CITY OF FAIRHOPE Customer GENERAL FUND: Marine Specialty Co. Hall Sign and Post Inc. Office Machines, Inc. Robert S. Bateman McKean HARDWARE Bedsoles Garden Center Fairhope Hardware & Supply (p1(c.1.52, Gen. 54.20) Western Lumber & Supply Gaston Motor Co. (Gen. 53.76, Delta Exterminating (library) Nix and Fleming (plc.) Virgil Herston (Plc.) Waller Bros. Mobile Elec. Gaga e Jack Cocke & Co. Fire Dept. Rudy's Automobive Supply Coastal Concrete Co. Trailway Oil Co. Fairhope Courier Southern Auto Parts Superior Hardware (Police) 0. Lowell (streets) John V. Duck National Cash Register Co. Welding En Supply Co. Delchamps police) Burroughs Corp. Bay Paint Co. (police) Gulf Oil Corp. Fairhope Shell Service John M. Warren Ray Brooks Mach. Co. Raddcliff Materials Inc. Paper Products Minnesota Mining & Mfg. Co. Forbes Electronics Dis t. LL�uunsford Sign Serv. PaYmBpeoWeoiding & Mach Audreys (Jail iMeaks) � ire enH�Met `�aJaile�teals ) ELECTRIC DEPT. Riviera Utilities McKean Hardware Nix: and Fleming Moore Handley Inc. Hill Soberg Co. Turner Supply Co. Plc. 196.89) 40.20 & Gen. 56.25) $109.09 384.12 48.50 68.00 46.59 6.00 9.00 55.72 220.23 250.65 30.00 1.14 40.00 236.49 31.66 96.45 63.33 57.90 61.40 65.61 17.81 7.33 11.75 144.62 13.25 9.50 7.76 26.25 3.55 576.25 276.00 40.00 19.90 36.00 6.30 576.70 18.49 :+ 35.00 10,933.63 14.58 51.60 210.20 68.64 119.92 WATER AND SEWER DEPARTMENT Material Sales 45.00 McKean Hardware .60 Fairhope Hardware & Supple 40,`00 Gaston Motor Co. 7.14 Fairhope Clay Products 62.00 Nix and Fleming . 1.45 Coastal Concrete Co. 50.58 Davis Meter &' Supply Co. 103.93 Southern Auto Parts 11.34 Barry Pattern & Foundry Co. 204.50 F. H. Ross & Co. 73.97 Charles A. Born Co. 157.19 Georgia Florida and Alabama Trans. Co. 3.68 Fairhope Shell Service 1.50 Marine Specialty Co. 18:54 Wittichen Checmical Co. 50.04 McKesson and Robbins 153.00 Mueller Co. 78.29 W. R. Mitchell 39.45 Opelika Foundry 77.00 Fairhope Welding & Mach. 80.30 GAS .DEPARTMENT; Material Sales 65.37 Western Auto Store 22.95 Gaston Motor Co. .98 Nix and Fleming 6.95 Foley Tractor Co. 2.20 Huffman Robertson 17.00 Jack Cocke & Co. 18.90 Southern Auto Parts 3.50 M & S Service Station 2.50 H & R Instrument Service 112.00 Angelo Mattei 24.00 Fairhope Shell Service 15.25 W®lworth Co. 33.50 LlIu�iunsfordGGaaSign ervice 20.00 tt FatrOpe�Welding & Mach. 179450.45 148.75 RECREATION DEPARTMENT Material Sales 3.29 Poser Printing Co. 21.20 Thoss Sporting Goods Co. 565.25