HomeMy WebLinkAbout01-27-1975 Regular MeetingFIL
STATE OF ALABAMA
COUNTY OF BALDWIN
The City Council of the City of Fairhope met in regular session
at the City Administration Building, 387 Fairhope Avenue, on
Monday, January 27, 1975 at 7s00 P.M. with the following members
present: Mayor James P. Nix, Councilmen: David E. Bishop, H. G.
Bishop, Sam E. Box-9-,011ie E. Deese and Barney L. Shull.
Minutes of the previous regular meeting were approved.
Councilman Sam Box introduced the following Ordinances
ORDINANCE NO. 548
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAIRHOPE,
ALABAMA, AS FOLLOWSt
SECTION 1, The City of Fairhope in compliance with Section 1(a)
of Act. No. 699 adopted at the 1969 Regular Session of the
Legislature of Alabama does hereby designate the chemical analysis
of the breath by use of the photoelectric intoximeter as the test
to be administered by its officers approved by the State Depart-
ment of Health pursuant to Section 2(b) of Act. No. 699 adopted
at the 1969 Regular Session of the Legislature of Alabama, to
determine the alcoholic content of the blood of any person law-
fully arrested for any offense arising out of acts alleged to
have been committed while the person was driving a motor vehicle
on the public highways of the state while under the influence
of intoxicating liquor.
SECTION 2. This ordinance shall become effective as soon as
adopted and published as required by law.
ADOPTED AND APPROVED THIS THE
Attest:
City er
75•
Councilman H. G. Bishop moved for final adoption of Ordinance 547,
an Ordinance amending Business License Ordinance #544, introduced
at the regular meethg of January 13, 1975• Councilman 011ie E.
Deese seconded the motion and upon being put to vote the following
vote was recorded: Fort Councilmen: H. G. Bishop, Sam E. Box,
011ie E. Deese and Barney L. Shull, AgInst: Councilman David E.
Bishop. Motion carried.
Councilman Barney L. Shull moved for the adoption of the following
Resolution, seconded by Councilman David E. Bishop.
J
RESOLUTION
WHEREAS, THOMAS E. DYER, SR:',-, and wife, LOUISE DYER,
JAMES W. DYER, CLARENCE EUGENE TILLMAN, aka GENE TILLMAN, and
wife, SHIRLEY TILLMAN, and CHARLES E. NELSON, III, and GLENDA J.
NELSON are the owners of all the land abutting on a street within
the City of Fairhope, Baldwin County, Alabama, which said street
is described as follows, to -wit:
From the Northeast corner of Block 1, of Green Subdi-
vision as per plat recorded in Deed Book Y at Page 704
of the Probate Records`of Baldwin County, Alabama,
run South along the East side of said Block 1 to the
Northeast corner of Block 16 of said subdivision to a
point; thence run East 50 feet, more or.less, to the
Northwest corner of Block 15 of said Green Subdivision
to a point; thence run North and along the West side of
Block 2 of said Green Subdivision to a point which is
the Northwest corner of said Block 2 of Green Subdivision
as per plat recorded in Deed Book Y, Page 704, of the
Probate Records of Baldwin County, Alabama; and
WHEREAS, the above named parties have filed a petition with
the City Council of the City of Fairhope, Alabama, requesting said
City Council to give their assent to the vacation of said portion
of Grant Avenue,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF FAIRHOPE, ALABAMA, AS FOLLOWS:
R
1. That the City Council of the City of Fairhope,
` Alabama, does assent to the vacation of that portion
of the street hereinabove described and lying in the
City of Fairhope, Baldwin County, Alabama; that a
Certified copy of this Resolution be furnished said
petitioner with the declaration of vacation as provided
for by Section 32 of Title 56 of the 1940 Code of Alabama.
Adopted by the City Coun '1 of the City of Fairhope, Alabama,
on this the day of , 1975.
MARIE OORE, City T1erk
0
JANWS P. NIX,
i
I, MARIE MOORE, City Clerk of the City of Fairhope, Alabama,
jeby CERTIFY that the foregoing is correct copy of a Resolution
adopted by the City Council of the C't of Fairhope, Alabama, at a
regular session on the , —day of , 1975.
MARIE MO RE, City CiEjrk of the City
of Fairh pe, Alabama
r
PETITION TO CITY FOR ASSENT TO VACATE STREET
STATE OF ALABAMA
BALDWIN COUNTY
Comes now THOMAS E. DYER, SR., and wife, LOUISE DYER,
JAMES W. DYER, CLARENCE E. TILLMAN and SHIRLEY TILLMAN, CHARLES E.
NELSON, III, and GLENDA J. NELSON, and respectfully represent and
show unto the City Council of the City of Fairhope, Alabama, as
follows:
1. That the undersigned are the owners of all the land
abutting on Grant Avenue between Blocks 1 and 2 of Green Subdivi-
sion as per plat recorded in Deed Book Y, Page 704, of the Probate
REcords of Baldwin County, Alabama, and more particularly described
as follows, to -wit:
From the Northeast corner of Block 1 of Green Subdivi-
sion as per plat recorded in Deed Book Y at Page 704
of the Probate Records of Baldwin County, Alabama,
run South along the East side of said Block 1 to the
Northeast corner of Block 16 of said subdivision to a
point; thence run East 50 feet, more or less, to the
Northwest corner of Block 15 of said Green Subdivision
to a point; thence run North and along the West side of
Block 2 of said Green Subdivision to a point which is
the Northwest corner of said Block 2 of Green Subdivision
as per plat recorded in Deed Book Y, Page 704, of the
Probate Records of Baldwin County, Alabama;
that your petitioners desire to vacate all of said Grant Avenue as
described above; that there are no sidewalks or curbings in this
area of said street and that said street is not now nor has it ever
een used as a public street and that there have been no improve-
ents placed thereon by the City of Fairhope; that the lands com-
rising said portion of said street desired to be vacated is of no
se to the public and it is in the best interest of the public for
aid street to be vacated.
Your petitioners pray unto the City Council of the City of
airhope, Alabama, as follows:
1. That a resolution be adopted by the said City Council
f the City of Fairhope, Alabama, assenting to the vacation of that
ortion of Grant Avenue as hereinabove described.
-2-
2. That a certified copy of said resolution be furnished
to them to be attached to, filed and recorded with the written
declaration of vacation as provided by Section 32 of Title 56 of
the 1940 Code of Alabama.
11975.
SIGNED at Fairhope, Alabama, this ay of
LOU SE DYER
CCURENCE E. TILLMAN
GLENDA J. AELSON
C' /
INFORMATION COPY
v.ACAT I ON
STATS ar ALhBANA
BX6DW1A COUNTY
KNOW ALL 1► U BY TBBSZ P30632 S t that the undersigned, being
all of t'a owners of the land abutting that portion of Grant
Avenue, a street in the City of Fairhope, Baldwin County, M*.bit.
described as follows, -wit %
From the Hortizeast corner of block 1 of Green Subdivi-
sion as per plat recorded in Dead cook Y at gage 704
of the Probate Records of Baldwin County# 3Ua.baeea,
run South along the Bast side of said Block I to the
Northeast corner of dock 14 of said Subdivision to a
pointy tbencer run mast 50 foot, sore or loss, to the
Morthwibst corner of Block IS of said Green Subdivision
to a point; th*aoe run Worth and along the test side of
Block Z of said cares► Subdivision to a pointwhich is
the Northwest comer of said Block 2 of green Subdivision
as per plat recorded in Dead Took Y, page 704, of they
Probate Socords of Baldwin County, Alabanas
and desiring such ,portion of said grant Avonu* to he vacate4,
hereby declare the saes to be so vacated.
This declaration Of vaeation is seeder an4 exeOuted in aecoY -
x c* with Station 32, Tit_ > 56, of the Code of A1!tbnm* of 1940,
IN WITNISS WHZREOY, too undatsiqued, 'TgiJKU B. OVER, SR.,, and
x-A fv 4 ',.;OUTS? MM JAB W. DYER. act =carried man, CSaKR", C8 TVrjZNF
TI o aka G16 k TIC, and wife, SUIPJAUs TILLJ , and
B. NELSON, 111, and wife,, GLENDA J. WILSON, have Aersuato set their
Wnids and weals on this the �� day of 1975.
.Dr, ,j
(SEAL)
O;N,I
ns-�M
f'✓ /('+
STAT& Or AXABAM
s MIN COVINTY
10 the undo rsignod, a Notary Public in sad for said County
in said 'State, Aateby eortiiy that THCMS E. IOYBa, SR. a and
L'OUISS VyXR, Wbe:se nam" atte 'digc+edto t kk s foregoing instroment
and who' am JAawA to me; acknowledged beforo * on this dap that-*
informed of the emntonts ot' seise instrumetnte they execat:eaed
the saw voluntarily on the day the sane bears date.
Giveja under my hand and seal, this Iday
1975.
8Td1� AF ]A%
BAWWIN COUNTY
I, the un4orsigneaed, a notary Public in and for said ed':.oursty
in said States, hereby certify that JAMBS W. DYBR, whose nassuaa in
signed to the fore qo ng instruveaent and .who is known to ne v acknow-
ledged Wore, we on this day that, being *Dfox *d of the aontants.
of said instrument;- he exe acted the sans 'voluntarily on the day
the same, -boors date.
Given tareiaer3t' hand and seal tbiaea? day of L ,
105.
I the un4orsigned, a notary :Pubiies* in and fo said Cow»ty
in ,said States, hor+eby certify that,CIAUNCS LtJOtrMB Y`fLUMS# also
town as " IIi►u" t. salad BSI . TI%.id jAW, whose name*,are saic hod
to the toz""ag inotl-ment and who are known to me, es ckuaswleeeted
beYoro zo on this day, that, being islovwd of the Coutf its of
said instrument, they eas recut ed the, sane voluntarily 0� the day
Cha sass bears date.
Given under my band and seal this It day of 'Ie55k- �
1975.
no Y
STD OF ALARAAPA
TWIN COUNTY
I, the undersigned, a Notary Public LA and for said County
iu said Mate, hereby certify that tRAJ"t E. NXIAOM, 111, and
G;AWDA J. bmLscm p whose name are ', igned► to the foregoing instru-
ment and who are known, to two aWma wle fted b e fore as oa this day
than, being infol eed of the contents of said nstrumeent, they
executed the came voluntarily on the "y they sat* bear* date.
Given der my hand and seal this day of
1975.
NOTARY
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ale Y/
Mr. Harford Field met with council requesting Council to prooure
decorations for the City for next year's Bi-centennial oelebra-
tion beginning with the Arts & Craft Week and ending with the
July 4th celebration. Councilman Barney Sgiull to report on design
and cost at the next regular meeting.
A letter from Amon Gates requesting pro -rate share of connecting
to sewer line installed by Mr. Gates was presented and discussed.
Motion by Councilman Sam E. Box seconded by Councilmen David 8.
Bishop that the request be denied. Motion carried.
Motion by Councilman H. G. Bishop seconded by Councilman Sam Box
that Dr. E. C. Dillabough be appoin.t6d to the Fairhope Library
Board to fill the unexpired term of Mrs. Byrd L. Moore, Jr., who
has resigned. Motion carried.
Motion by Councilman Box seconded by Councilman H. G. Bishop
that Mayor Nix be authorized to sign contract with Control, Inc.
for Cathodic Protection Installation. (Copy Attached) Motion
carried.
Resurfacing of Nichols Street from Greeno Road to Ingleside was
discussed and held for next meeting of the Council.
It was duly moved, seconded and carried that the meeting adjourn.
Attests
Pity Clerk
Approve
J
{ Control /NCORPORA TED t
P.O.- BOX 701 • ONEONTA, ALABAMA 35121 • PHONE (205) 274-2393
' -CATHODIC PROTECTION,INSTALLATION AGREEMENT k
This AGREEMENT is entered into by and between Control, Inc., P.O.
Box 701 Oneonta, Alabama, hereinafter referred to as "Control" and
City 01 Fairhope Gas Department, Fairhope Alabama , hereinafter referred
to as "Owner" INTO 14T day of January ,ILT 75 .,.. Th s AGREEMENT
' is entered into for nsta IOn-or—tHe-fol ow'3ng named cath"d o protection
facilities:
1 - PCAWSC 16-22 AM ectifier and assoc' 'ed five anode, 260, -ep
well ground bed
1 - PCAWSC 20-28"Y'@in associa ed seven ano e, 3 ' deep'li'
well ground bed.
1 - PCAWSC 16-28 AM recti ier and 'ssociate seven anod , 230' deep
well ground ed.
6 - Bo do -Boxes
A. T e above installations) are #{is) to''be made Ind accordance witht
6rrosio Survey b Control Inc., report d ed Au W 3 1973
B, Control shall. urnish all materials, equipinent, supervision, and per-
form all labor for �th0� construation�r_compl"etion and checkout of -the
o a ove refere oe� _tactite� eYoe t as fol owe
N/A
'C. Upon submission by Control of evidence satisfactory to Owner, includ.ida
an installation and checkout report (I, required), that all work cov-
ered by this AGREEMENT has been completed, final payment on account of
the AGREEMENT shall be made within 30 diys. Fumther, Control shall
submit Invoice(s) to.Owner for payment o-' the.i flowing schedule:
- -
or
D. Owner shall, upon receipt of invoice(s), promptly pay Control for
performance under this AGREEMENT, as follows:
Thirty three thousand five hundred forty eight dollars and no/100-------
($33,548.00)
thirty(30)
j This price is firm for NIX&RX1510 days from the date first s
written above.
/14/-
y -ee 775!nr
440
`' � lam' ��✓'���1. �� , .�.�-�,�� ��� ..��z�Gc� . �a���
07 Total system control by CONTROL
LEAKAGE SURVEYS CORROSION SURVEYS LAND SURVEYING INSTRUMENT INSTALLATION' + EQUIPMENT SALES
i •! ,3 ,. .. .k -, ifs . { t � E .
4,
t i t
IIF
CATHODIC PROTECTION INSTALLATIO14 AGRE+ i-TT (Continued)
E. Control at its expense, shall maintain in effect insurance satisfactory
to Owner, as follows:
1. Workmen's Compensation Insurance
2. Manufacturers and Contractors Public Liability Insurance
3, Automobile Public Liability and Property Damage Insurance
Upon request, Control shall provide Owner with one copy of a certi-
ficate of insurance from the inEurance.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 workmenliL-e
manner consistent with the standards of the industry.
E. Control agrees to execute, in good faith, the terms, conditions, and
specifications of the AGRLLPSHT to the best of his ability.
G„ Upon completion of the yield vn rh, Control shall complete and subLit
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 AGRE2101?T have been provided in good
orking order, Control will turn on, activ,te or otherwise place into
.service the above referenced facilities and adjust same for QptImun
of Owner's system within the limits of the installed faoilities
„consistent with minimum power consumption and maintenance.
CONDITIOIJS : ,
The following conditions stated in paragrap4s) 1,2,3949-6,798
listed below shall apply to and be included in the terms of this AVZ MJM4NT.
1. Owner shall have executed a satisfactory right-of-way agreement Uith
all land owner's involved in the aforementioned installation(s) and
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. -Ocmer shall be responsible for all local licenses, fees, perbits, and
other encumbrances of a similar nature.
3. Owner shall make application(s) for power, where required, before eom-
mencement, of worts under this AGREEI0ITT and shall deliver the power
company's meter bass) to Contractor.
4. Notification of and coordination with other utilities concerning the
facilities to be oonstrueted under this LWX3 Y01TT shall be vtmer's
responsibility.
5. Control can make.no warranty on or accept liability for the design of
facilities designed by others over w1aich Control•haa no control.
"�. 2 of 3
_ _
{ .y� It e
{ i
i o
CATHOJ) IC PROTECTION INSTALLATION AGREEMENT (Continued-)
1
6'. Control assumes -that Otn3er has fairly represented the prevailing soil
and subsurface conditions, insofar as they apply to this AGPEEMiNi' to
the best of his Lnowledge. Control reserves the right to nuke all
necessary field wodifications and adjastwents 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 general
design parameters set forth in this AGIMEMENT and the related documents,
Specifically, Control reserves the right to modify the hole and or
trenc der where roc", excessive water, caving soils or similar
conditions are prevalent.
?. ShoulJ casing or similar special materials outaide the normal scope
of this AGILZM/M41-TT be required they shall be billed ,to Owner in accord—
ance with the following schedule:
20%
S. Should there be evidence of re —existing underground "shorts", "opens"
or similar difficulties, Con?rol agrees to spend three 13�..... day(s)
locating the above referenced difficulties in order for Owner to make
the necessary repairs.
IN WITM3,SS YTx: i LuOF the parties hereto have executed this AGRED0,NT,
on the Cay and date first written above.
i
01013PL
CONTROL, INC.
1 Az
D/�tf - ; 5
Title: Vice President — Sales
I
ATTESTED ATTESTED
3of3
1.
-i "r't4I, .!
'
1
F' ly
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/
WHEREAS, THOMAS E. DYER, SR., and wife, LOUISE DYER,
JAMES W. DYER, CLARENCE EUGENE TILLMAN, aka GENE TILLMAN, and
wife, SHIRLEY TILLMAN, and CHARLES E. NELSON, III, and GLENDA J.
NELSON are the owners of all the land abutting on a street within
the City of Fairhope, Baldwin County, Alabama, which said street
is described as follows, to -wit:
From the Northeast corner of Block 1, of Green Subdi-
vision as per plat recorded in Deed Book Y at Page 704
of the Probate Records of Baldwin County, Alabama,
run South along the East side of said Block 1 to the
Northeast corner of Block 16 of said subdivision to a
point; thence run East 50 feet, more or less, to the
Northwest corner of Block 15 of said Green Subdivision
to a points thence run North and along the West side of
Block 2 of said Green Subdivision to a point which is
the Northwest corner of said Block 2 of Green Subdivision
as per plat recorded in Deed Book Y, Page 704, of the
Probate Records of Baldwin County, Alabama; and
WHEREAS, the above named parties have filed a petition with
the City Council of the City of Fairhope, Alabama, requesting said
City Council to give their assent to the vacation of said portion
of Grant Avenue,
NOW, TIT. RIEFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
TEE CITY OF FAIRHOPE, ALABAMA, AS FOLLOWS:
1. That the City Council, of the City of Fairhope,
Alabama, does assen� to the vacation of that portion
of the street hereinabove described and lying in the
City of Fairhope, Baldwin County, Alabama; that,a
Certified copy of this Resolution be furnished said
petitioner with the declaration of vacation as provided
for by Section 32 of Title 56 of the 1940 Code of Alabama.
Adopted by the City Council of the City of Fairhope, Alabama,
on this tiie I day of �, 1975.
RAM IVORE, City e r
AFPROVED:
rhij
k. J7
IX, Mayor
I, MARIE MOORE, City Clerk of the City of Fairhope, Alabama,
hereby CERTIFY that the foregoing is a,correct copy of a Resolution
adopted by the City Council of the C ty of Fairhope, Alabama,'at a_
regular session on the day o , 1975.
MA IE MOORE, City glerk o t e City.
of Fairhope, Alabama