HomeMy WebLinkAbout06-24-1974 Regular MeetingSTATE OF ALABAMA
COUNTY OF BALDWIN
The City Council of the City of Fairhope, Alabama met in regular
session at the City Administration Building, 387 Fairhope Avenue,
on Monday, June 24, 1974 at 7:00 P.M. with the following members
present: Mayor James P. Nix, Councilmen: David E. Bishop, H. G.
Bishop, Sam E. Box and Barney L. Shull. Councilman 011ie E. Deese
being absent.
Minutes of the previous meeting were approved.
This being date set for public hearing on amendment to the Zoning
Ordinance as recommended by the Planning and Zoning Commission,
members at the Commission met with the Council. Mr. John Parker,
Chairman of the Commission, outlined the proposed amendments and
a general discussion followed. A group of citizens from various
sections of the City were present and'in favor of the proposed
amendments as a step in the right direction but requested that the
Commission give some thought to Zoning the area on Mobile Avenue
to R-1 District.
Councilman Barney Shull moved that the City Council accept the re-
commendations of the Planning Commission and further moved the
introduction of the following Ordinance.
ORDINANCE NO. 538
AN ORDINANCE AMENDING ARTICLE 7, SECTION 72 of the
ZONING ORDINANCE RELATING TO THE B-3, TOURIST -RESORT
COMMERCIAL DISTRICT BY VOIDING THE PRESENT B-3 PRO-
VISIONS AND PROVIDE -IN THEIR PLACE SEPARATE CATAGOAIES
OF ZONING AS FOLLOWS:
B-3a: Tourist Resort Lodgings i
Uses Permitted: a. Motels, inns and hotels with restaurants
only where integrated or attached.
b. All uses permitted in B- 3 District.
Uses Permitted on Appeal: Places of amusement
Uses Prohibited: All other uses permitted in B-1. B-2 and
B-3b Districts.
Space and Height Regulations: Same as for an R-3 District.
Off Street Parking: For motels, inns or hotels off-street
parking for cars shall be provided in
a ratio of 1 space per dndt of tourist
accommodations. For apartments for
permanent residents built in this District
off-street parking shall be as required in
an R-3 District.
B-3b: Tourist -:Resort Commercial Services
Uses Permitted: a. Motels, inns and hotels; stores and
sertioes for resort trade such as:
sporting goods and outing supply
stores, hobby shops, curio, gifts
and jewelry stores; food shops, deli-
catessens and restaurants; the sale,
repair, renting and storage of boats
and related equipment; and similar
types of business.
b. All uses permitted In the R-3 and B-4
Districts,
Uses Permitted on Appeal: Places of Amusement.'
Uses Prohibited: All other uses permitted in B-1 and B-2
Districts.
4 f. A S
Space and Height Regulations: Same as for B-1 District.
Heights restrictions subject to appeal
to Planning and Zoning Commission,
Off -Street Parking: For motels, innsand hotels same as a
B-3a District.
Fbr apartments same as R-3 District,
For. Stores, eta., same as B-1 District.
Fbr offices, etc., same as B-4 District.
Further, that the zoning map be revised to apply the B-3a District
to the area now zoned B-3 along Mobile Avenue from the Knoll Park.
on the north to Pier St., on the South, as well as that along
Mobile Avenue at'the-foot'of Laurel St.; that the B-3 District
on Nichols Avenue be rezoned as an R-5 District; and that all other
areas note zoned B-3 be designated B-3b.
Further, that Article 7, Section 71 relating to the 11-3 Resi-
dential District be amended to void the present R-3 provisions and
provide in their place separate R-3 and-R-4 catagories of zoning
as follows in order to fulfill the objectives of the revisions to
the B-3 District:
R-3: Limited Multi -Family Dwellings
Uses Permitted: a. Duplexes and apartment clusters not ex-
.ceeding 4 family units to a building
unit.
b. All uses permitted in R-1 and R-2 Dis-
tricts.
Uses Permitted on Appeal: Public Utilities, general hos-
pitals for humans, semi-public buildings
and uses including private schools, churches
and home occupations,.
Uses Prohibited: Commercial and industrial uses such as
permitted in the "B" and "M" Districts.
Space and Height Regulations:
Minimum Yard Size s�
ont Rear Side Max, Off Str.
Yard. Yard Yard Min, Lot Size Max. Height Bldg. Car Prkg,
Fret Feet Feet Area Width Area % Spaces
Single Family Dwelling:
30 35 10* 7500 60 2 stories not 30 1
to exceed 30'
For each additional Family Unit Add:
3000 5 1
*Where a side yard contains a driveway passing between lot line and
structure the minimum width side yard shall be 15 ft.
Off -Street Parking: Provide parking spaces and driveway
circulation that will not require cars to
back into the public right-of-way, except-
ing single and two family residences.
RESOLUTION INDICATING INTENT TO JOIN WITH OTHER
GENERAL PURPOSE UNITS OF LOCAL GOVERNMENT IN THE
MOBILE AND BALDWIN COUNTY URBAN AREA TO DEVELOP
AND IMPLEMENT A PLAN RESULTING IN COORDINATED
WASTE TREATMENT MANAGEMENT SYSTEMS FOR THE AREA
WHEREAS, pursuant to Section 208 of the Federal Water Pollution
Control Act Amendments of 1972, P.L. 92-500 (hereinafter called "the
Act"), the Administrator of the United States Environmental Protec-
tion Agency has by regulation published guidelines for the identifi-
cation of those areas which, as a result of urban -industrial concen-
tration or other factors, have substantial water quality control
problems (40 CFR Part 126); and
WHEREAS, the Mobile and Baldwin County Urban Area, as enlarged
for Section 208 planning purposes, satisfies the criteria contained
in the Act and guidelines and designation of the area pursuant to
Section 208 and those guidelines is desirable; and
WHEREAS, Section 126.10 of the guidelines requires, among other
things, that •the affected general purpose units of local government
within the problem area must show their intent, through formally
adopted resolutions, to join together in the planning process to
develop and implement a plan which will result in coordinated waste
treatment management systems for the area; and
WHEREAS, Section 208 of the Act requires that the planning
agency have in operation a continuing areawide waste treatment
management planning process within one year of its designation
by the Governor; and
WHEREAS, Section 208 of the Act requires that the initial Galan
resulting from the planning process be certified by the Governor
and submitted to the Administrator within two years of the Commence-
ment of the planning process; and
WHEREAS, such planning process and waste treatment management
system is a necessary and significant measure to control present
point and non -point sources of water pollution and to _guide and
regulate future development and growth in the area which may affect:
water quality, in order to prevent, abate and solve existing and
potential substantial water quality control problems;
NOW, THEREFORE, IT IS RESOLVED THAT THE
recognizing that the Mobile and Baldwin County Urban Area has sub-
stantial water quality problems, supports designation of the Area
pursuant to Section 208 and the EPA guidelines.
IT IS FURTHER RESOLVED THAT THE
intends to join with other affected general purpose units of local
government within the boundaries of the area to develop a plan de-
signed to produce a coordinated waste treatment management system
for the area.
IT IS FURTHER RESOLVED THAT when the plan has been mutually
adopted by the and the Alabama Water
Improvement Commission or its successor, the
intends to join with other affected general purpose units of local
government in a cooperative effort to implement the plan.
IT IS FURTHER RESOLVED THAT, inasmuch as the South Alabama
Regional Planning Commission is a single organization with elected
officials or their designees from local governments and is capable
of developing an effective areawide waste treatment management plan
for the Area, the supports the designation
of the South Alabama Regional Planning Commission.
IT IS FURTHER RESOLVED THAT, the designated planning agency will
submit the required planning process to the Governor for review and
approval within ten (10) months following approval by the Environ-
mental Protection Agency of the delineation and designation and
within twenty-one (21) months after submission of the planning pro-
cess will submit the developed plan to the Governor for review and
approval.
IT IS FURTHER RESOLVED THAT all proposals for
struction of publicly owned treatment works within
of the designated area will be consistent with the
and will be made only by the management agency or
cluded in the mutually adopted plan.
Approved this
Signed:
day of
Clerk
grants for con -
the boundaries
approved plan
agencies as in-
, 1975
SECTION 208 OF THE
FEDERAL WATER POLLUTION CONTROL ACT
AMENDMENTS OF 1972
(Areawide Wastewater Management Plans)
The following are some of the most commonly asked questions about Section 208
of the Federal Water Pollution Control Act Amendments of 1972. The answers are
taken directly from the Environmental Protection Agency's Draft Guidelines for
administering 208 Plans and from the text of the State Briefing held in Atlanta,
Georgia, on May 20, 1974. The applicable page number(s) of the Draft Guidelines
are shown in parentheses after each question.
1. What is the Purpose of a 208 Plan? (1-1)
Section 208 of the Act encourages areawide management planning in areas
which, as a result of urban industrial concentrations or other factors,
have substantial water quality control problems. Local areas are provided
a unique opportunity to plan and manage a comprehensive program based on
integrated planning and control over such activities as municipal and
industrial wastewater, storm and combined sewer runoff, non -point source
pollutants, and land use as it relates to water quality. Through a locally -
controlled planning agency, an area can select a plan that.is cost-effective
and implementable. (The plans will be funded at 100% until June 30, 1975,
at which time, the funding will drop to 75%. A total of one hundred million
dollars is available to be spent in fiscal year 1975.)
2. What is included in a'208 Plan? (1-2)
Basic Planning Features of 208:
1. Identify Problems
2. Identify Constraints
3. Identify Possible Solutions to Problems
4. Develop Alternative Plans
5. Analyze Alternative Plans
6. Selection of an Areawide Plan
7. Periodic Updating of the Plan
B
Significant sources of non -point source pollut
4. Bodies•of water and related lands that would be beneficially
or adversely affected by a change in water quality.
5. Existing waste treatment and collection systems.
6. Solid waste disposal sites.
7. Environmentally sensitive areas:
a. Aquifers and aquifer recharge areas
b. Marshlands and wetlands
c. Forrests and woodlands
d. Flood plains
e. Step slopes
f. Shorelands
g,• Erodable and/or poorly drained soils
7. How will the Management System Work? ($=5 and 8-6)
The Management System to institute a 208 Plan may be found in three
ways:
1. Single Planning and Management Agency - One option is to establish
a single planning and management agency with a geographical juris-
diction the same as the 208 planning area. In some situations
where.a single governmental jurisdiction already exists, -and whose
jurisdiction encompasses the entire 208 area, it may be assigned
both the planning and management responsibilities. Where such an
agency is based partly -on a Council of Governments (COG) or
regional planning agency which has been designated as a clearinghouse
agency under A-95, final approval of specific projects in the 208
area can be expedited,
2. Single Planning Agency and a Single Management Agency - Another
option is to divide the planning and management responsibilities
between two separate agencies. A previously established COG or
regional planning agency could be utilized as the planning agency
for 208. Since such organizations already have local elected
officials on their boards, the representation requirements would
publicly -owned waste treatment works. In contrast to Section 208 plans,
facilities plans (Section 201) are limited essentially to abatement
of pollution from municipal point sources and those industries served or
to be served by municipal waste treatment systems. Features included in
approved 201 facilities plans and scheduled for plans and specifications
should be considered as "existing" for 208 planning purposes. No 201
facilities plans should be initiated within a 208 area after 208 planning has
been undertaken unless the urgency of a specific problem dictates the need
for a narrowly focused planning effort. If a 201 and 208 planning process
are conducted at the same time, the work plan of each plan of study must
be formulated to demonstrate coordination where necessary, and the
elimination of duplication of effort. The 208 grant regulations indicate
that 208 funds will not support work beyond the infiltration/inflow. ma-lysis
level; therefore, if detailed sewer system evaluation are required to Qualify
for Step 2 or 3 grants, these costs must be borne by 201 grant funds rather
than 208 program. (State Briefing p.2)
5. Why is technical planning necessary? (3-2)
The purpose of technical planning is to develop a coordinated pollution
control strategy for areas that may not be able to meet water quality standards
through application of base level technology.. The control strategy may be a
combination of controls on 1) land use and growth, 2) municipal wastawatar
systems, 3) industrial effluents and 4) non -point sources, where feasible.
6. What areas will be inventoried and analysed in a 208? (4-4)
The Inventory and Analysis of a 208 Plan may include but not necessarily
be limited to the following:
1. Industrial, commercial, residential and other activities from which
significant pollution may be generated.
2. Topography and soil conditions of the 208 area.
3. What are the benefits of a 208 Plan? (1-3)
Outputs of a 208 Plan
A. Identification of anticipated municipal and industrial treatment
works construction over a 20 year period.
B. Planning for facilities eligible under 40 CFR 35.917-1(a)-(i) and
40 CFR 35.1062 and for which Step 2,or Step 3 grant assistance is
expected during the five-year period following 208 plan approval.
C. Identification of required urban stormwater runoff control systems.
D. Establishment of construction priorities over five and twenty year
periods.
E. Establishment of a regulatory program to: 1) provide for waste
treatment management on an areawide basis and for identification,
evaluation, and control of treatment of all point and nonpoint
pollution sources; 2) regulate the location, modification, and
construction of waste discharging facilities; and 3) assure that.
industrial or commercial wastes discharged into publicly -owned
treatment works meet applicable pretreatment requirements.
F. Identification of agencies necessary to construct, operate, and
maintain facilities required by the plan and otherwise carry out
the plan.
G. Identification of nonpoint sources of pollution related to
agriculture, silviculture, mining, construction, and certain
forms of salt water intrusion, and procedures and methods
(including land use requirements) to control those sources to the
extent feasible.
H. Processes to control the disposition of residual waste and band
disposal of pollutants to protect ground and surface water quality.
I. Selection of a management system to implement the plan and iidenti-
fication of the major management alternatives (including enforce-
ment, financing, land use and other regulatory measures and
associated management authorities and practices).
J. A schedule for implementing all elements of the plan, including
identification of the costs of implementation.
K. Required certifications relating to consistency with other plans
and to public participation in the planning process and plan adoption.
L. Recommendations of appropriate local governing bodies as to state
certification and EPA approval of the plan.
4. What is the Relationship Between 208 and 201 (Facilities) Plans?(2-1)
Section 201 facilities plans cover the planning and preliminary design
portions of plans and studies (Step 1 elements) related to construction of
r
automatically be met. This would also mean t he management
agency would be under the direction of professional management as
.it carries out the day-to-day implementation of the areawide
management plan. Where separate management agencies would have to
be brought about entailing some loss of local authority.
3. Single Planning Agency and Plural Management Agencies - A third
basic option would be to have a single planning agency and more
than one management agency. This option would allow those management
agencies already providing waste treatment service to continue
doing so with a minimum effect upon their internal administration.
This option, therefore, would permit the maintenance of existing
institutions and agencies to a closer degree than the other basic
options.
8. The following steps are necessary to qualify for a 208 grant: (this portion
is taken from phone calls with E.P.A., Region IV, in Atlanta, Georgia)
1. A public hearing is held by the State for the purpose of desig-
nating a 208 area and agency.
2. Resolutions are signed by participating governments stating that
they agree to work together to form a plan and have an intent to
implement the plan. Final approval of the plan must come from the
Governor and the Environmental Protection Agency.
3. A designation package has to be -approved in Atlanta, Georgia, and
Washington, D.C., by the Environmental Protection Agency. At this
time, the money to do a 208 Plan is set aside.
4. An application has to be approved by Atlanta, Georgia, and Washington,
D.C., Environmental Protection Agency.
All of the above steps have to be completed by June 30, 1975, in order
receive 100% funding for the 208 Plan.
R--4 Apartment Complexes
Uses Permitted: a. Multi -family apartment buildings, with
restaurants and enclosed recreational
facilities only when integrated with the
apartment facilities.
b. All uses permitted in R-1. R-2 and 11-3
Districts,
Uses Permitted on Appeal: Same as for R-3 District.
Uses Prohibited: Same as for R=3 District.
Space and Height ,Regulations:
Minimum Yard Size
Front Rear Side
Yard Yard Yard Min. Lot Size
Feet Feet Feet Area Width
Max. Off Str.
Max. Height Bldg. Car Prkg.
Area % Spaces
Single Family Dwellings:
30 35 10* 7500 60 N2 Storto eaceed 30 1
300
For 'each Additional Family Unit Add:
f 2500 5
* Where a side yard contains a driveway passing between Lot line and
structure the minimum width side yard shall be i5 feet.
Off -Street Parking: Same -as fot'R-3 District.
Further, all H 3 Districts -presently shown on the Zoning Map shall
remain designated as R-3 Districts,
This Ordinance shall be effective immediately upon its adoption and
publication as required by law.
Adopted this the '24th day of
Attest:
City Clerkj
Ap
Councilman Box moved that all rules governing the Cotmoil which
might, unless suspended, prevent the passage and,adoption of this
Ordinance at this meeting, be and the same are hereby suspended
for the purpose of permitting the said Ordinance to be finally
passed and -and adopted at this meeting. Councilman Barney L.
Shull seconded the motion and on roll call the vote was as follows:
Yea: Councilmen: David Bishop, H. G. %pp. Sam E. Box and Barney
L. Shull. Nay: ';None. Motion adopted by unanimous vote of the mem-
bers present. Councilman Barney Oull moved that Ordinance No.538
be finally passed and adopted as introduced, Councilman David E.
Bishop seconded the motion. On roll call the vote was as follows:
Yea: Councilmen: David E. Bishop, H. G. Bishop, Sam E. Box and
Barney L. Shull. Nay: None. Ordinance No. 538 finally passed
and adopted as introduced.
Motion by Councilman Barney Shull seconded by Councilman H. G.
Bishop that Council advise Planning and Zoning Commission to further
study recommendations made at this meeting. Motion carried.
Mayor Nix reported that Alabama Power Company is raising their rate
to the City on Electricity by 71.2% which the City will have to
pass on increase to customers which will be approximately a 30%
Increase.
Building Permit for Hardee's was brought up. Mr. John Parker, Chair-
man of the Planning Commission stated that the request for permit
was received after the June meeting and would be considered at the
next regular meeting which will be held on July 1, 1974 at 5:00 P.M.
at the City Administration Building. 0
Mr. Richard. Scardamalia requested that Council take a full page
color Ad at a cost of $370.00 in a July edition of the Fairhope
Courier featuring Beautiful Baldwin. After general discussion,
Councilman H. G. Bishop moved, seconded by Councilman David E. Bishop
that the City take a $50.00 Ad. Motion carried.
Representatives from the Fairhope Yacht Club requested assistance
from the City in installing lift station and running line to City
sewer with the sewer line to be the property of the City. After
general discussion Councilman Box moved, seconded by Councilman
H. G. Bishop that the City waive sewer connection fee and accept
responsibility and upkeep of line after the Yacht Club installs
same. Motion carried.
Motion by Councilman Sam Box seconded by Councilman Barney Shull
that the request of Archie Lawrence for beer permit at the fink
Panther Pool Room be postponed for clarification of the law pertaining
to schools. Motion carried.
Letter requesting use of Young Street Recreation Building for Head
Start program was read and referred to the Recreation Board.
Motion by Councilman Sam Box. seconded by Councilman Barney Shull
that Ordinance No. 537, An Ordinance Annexing "East of the Sun"
Subdivision, introduced at the regular meeting of May 13, 1974 be
adopted as introduced. Motion carried.
It was duly moved and seconded that the meeting adjourn. Motion
carried.
Attest,,
po
01
onWO/ /NCORPORA TED
P.O. BOX 701 a ONEONTA, ALABAMA 35121 . PHONE (205) 274-2393
CATHODIC PROTECTION INSTALLATION AGREEMENT
This AGREEMENT is entered into by and between Control, Inc,,
Post Office Box 701, Oneonta, Alabama, hereinafter referred to as
"ControlQ'�'LAftd _ The City of Fairhope Gas System. Post Offib&',B k
Lars day of i
into foie n tallation o
facilities:
1, One PAAWSC 16-2 AM
merged grounds ed,
20 Install a1
locations
1974.
rectifier and a
insulating ma
referred to as
This AGREEMENT
ated eleven
als at the 1
C�ty`-Wahjuse
1" insulati mer spud
Grand Hote Master eter
I- " insulating ion
" .
I- Dresser Co .ling
Ch ch Street Eleme tart'
Sc ool
" insulati meter spud
Ea tern Shore can
meter spud
H is Ls d
ofSe
2" ulating eter spud
'91an, on Street
1 n sting eter spud
United Mehurch-
Section and Morp y
1-411 insul ting ter spud
St.w'Lavrence:-fttholic Churchl-11" insul ting m ter spud,,<,=i
Middel School
WinT'bbtle
1-1" insula
1-11" insul
ng Dre er qpj! ng
ing Dre coupling
ser
High School
1-211 insulat
g Dres r coupling --Gym
1-3/4" insulat g Dx' ser coupling -
small boiler
1-11" insulating ser coupling.
lunchroom
Mary,Jane School
Bond 1" insulating coupling -at high
pressure regulator
1-2" insulating Dresser coupling
First National Bank
1-•2" insulating Dresser coupling
Regulator Station, Fairhope
Magnolia and Bancroft
2-Series 30, 2" insulating flange sets
11" to 3/411 insulating bushing on low
pressure chart line
plug high pressure alarm line
Regulator Station No. 2
Mobile and Pier Street
1-2" insulating Dresser coupling
Total system control by CONTROL
1of5
LEAKAGE SURVEYS CORROSION SURVEYS LAND SURVEYING INSTRUMENT INSTALLATION EQUIPMENT SALES
aCkDI OTECTION INSTALLATION AGREEMENT (Cont
3. Bond insulating couplings at
the following regulator stations:
Location
Material
Grand tel Golf Club,
Regulator Station No. 5
Bond
insulating couplings
Bishop Road Regulator Stat.
Bond
insulating 3/4" Dresser coupling
Regulator Station inter-
section Highway 27 and 11
Bond
3/4" Dresser coupling
R/S at Greeno and Gayfer
Bond
1" insulating coupling
R/S at Greeno and Volanto Avenue
Bond 1111'-insulating coupling,,,.,;,
R/S at East Volanto and
Section Street
Bond
1" insulating coupling
R/S at West Volanto and
Section Street
Bond
1" insulating coupling
R/S at Foster Avenue off
,_ °?'• r
8k'4(,.a.V4Al.bCL.roJa
�;.,. Highway 98
Bond
crb'.�i'a
1" insulating coupling
.,,-.,,,,R/S at Section Street and
Creek Drive
Bond
1" insulating coupling
Middle RAI' at Lamb's Trailer
Park
Bond
insulating Dres'seirl'-doupliFg
R/S on Doleman and Greeno
at Sewage lift
Bond
insulating coupling
R/S Young Street and Twin
Beach Road
Bond
insulating coupling
R/S Grand Avenue and Section
Street, State Farm Office
Bond
2, 1" insulating coupling
R/S Perdido and Section St.
Bond
3/4" insulating Dresser coupling
4. Locate and insulate steel main from cast iron at the following
locations:
Location
Prospect Street and Pleasant Avenue
Coleman Avenue and Grand Blvd,
Michigan Avenue and Ingleside
Section Streetaand 300' north of
Kirkman Lane
Kirkman Lane and Church Street
Section Street and Pecan Street
2of5
ripe Sizes
2" C.I, to 2 3/8" C and W steel
2" C.I. to 1" C and W steed
2111 C.I. to 1" C and W steel
2"
C.I.
to
2
3/8"
C
and
W
steel
2"
C.I.
to
2
3/8"
C
and
W
steel
2"
C.I.
to
2
3/8"
C
and
W
steel
rA �-t*CATHODIC PROTECTION INSTALLATION AGREEMENT (Cont nued+
A. The previously mentioned installations are to be made in
accordance with:
"''"tontrol ' s Corrosion Survey Report dated August 3, 1973.
B. Control shall furnish all meterials, equipment, supervision,
and perform alllabor for the construction, completion, and
checkout of the above referenced facilities, except as
follows:
N/A
C. Upon submission by Control of evidence satisfactory to Owner,
including an installation and checkout report (if required),
that all work covered by this AGREEMENT has been completed,
final payment on account of the AGREEMENT shall be made within
thirty (30) days. Further, Control shall submit invoice(s)
to Owner for payment on the following schedule:
90% upon completion of the installation
Balance upon submittal of the final report
D. Owner shall, upon receipt of invoice(s), promptly pay
Control for performance under this. AGREEMENT, as foljgws:
4.� 4.,
Eleven thousand two hundred thirty dollars and no/100------------
($110230.00)
This price is firm for thirty (30) days from the date
first written above.
3 of 5
CATHODIC PROTECTION INSTALLATION AGREEMENT (Continued)
E. Control at its expense, shall maintain in effect insurance satisfactory
to Ohmer, as follows:
1, Workmen's Compensation Insurance
2v. Manufacturers and Contractors Public Liability Insurance
3. Automobile Public Liability and Property Damage Insurance
Upon request, Control shall provide 0Emer with one copy of a certi-
ficate of insurance from the ins�irance company (companies) or their
agent(s).
Control agrees to use new materials specifically designed for cathodic
protection service and to make the installations in a workmenli?"-e
manner consistent with the standards of the industry.
F. Control agrees to execute, in good faith, the terms, conditions, and
specifications of the AGREE1,111T to the best of his ability.
G. Upon completion of the field E:a r1:, Control shall complete and su uit
to Owner satisfactory evidence including as -built drawings, installa-
tion records, field test data and reports as necessary to show that the
facilities called for under this AGREEIZI?T have been provided in -good
working order, Control will turn on, activate or otherwiise place into
service the above referenced facilities and adjust same for pptimuu
protection of Owner's system within the limits of the installed facilities
consistent with minimum power consumption and maintenance.
CONDITIONS:
The following conditions stated in paragrap!�S) 1,2,30408
listed below shall apply to and be included in the terms of this LGZ324ENT.
1. Owner shall have e«ecuted a satisfactory right-of-way agreement ;rith
all land owner's involved in the aforementioned installation(s) aad
shall guarantee Control reasonable access to the site(s) in question
including the right of proper ingress to and egress from said site(s).
2. Oimer shall be responsible for all local licenses, fees, permits, and
other encumbrances of a similar nature.
3. Owner shall make application(s) for poorer, where required, before com-
mencement of work under this AGR33I01TT and shall deliver the power
company's meter base(s) to Contractor.
4. Notification of anc coordination with other utilities concerning the
facilities to be oonstructed under this IiGR331011T shall be (h-mer's
responsibility.
5. Control can make no warranty on or accept liability for the design of
facilities designers by others over i4aich Control has no control.
.4 of 5
CATHODIC PROTECTION INSTALLATION AGREEMENT (Continued-)
6. Control assumes- that Owner has fairly represented the prevailing soil
and subsurface conditions, insofar as they apply to this AGREED1ENT to
the 'best of his i;r_owledge. Control reserves the right to make all
necessary field modifications and adjustments to the proposed instal-
lations as may be dictated by the soil conditions found in order to
provide the cathodic protection facilities called for within the genera
design; parameters set forth in this AGREaiENT and the related documents
Specifically, Control reserves the right to modify the hole and or
trench depth where roc", excessive water, caving soils or similar
conditions are prevalent.
'j. Should casing or similar special materials outside the normal scope
of this AGF,732M'ENT be required they shall be billed to Owner in accord-
ance with the following schedule
S. Should there be evidence of re -existing underground "sjbort 4- "opens"
or similar difficulties, Control agrees to spend Two '�P day(s)
locating the above referenced difficulties in order for Owner to make
the necessary repairs.
IN WITN.13SS T7�E1,.E0F trhe parties hereto have executed this AGREED0NT-
on the way and date first written above.
OWNER
5 of 5
CON^a 20L , INC.
By: 2L�z
'title: Vice President - Sales
ATTESTED
zaAw