HomeMy WebLinkAbout07-11-1977 Regular MeetingSTATE OF ALABAMA
COUNTY OF BA.LDWIN
The City Council of .the City of Fairhope, Alabama, met in
regular session on Monday, July llth, 1977, at 7;00 P.M.,
at the City Administration.Building, 387 Fairhope Avenue,
Fairhope, Alabama, with the following members present:
Mayor James P. Nix, Councilmen: David F. Bishop, Henry G.
Bishop, Sam E, Box, Jack A. Stipes and Billy Don Wiggins.
The minutes of the June 27th regular meeting and the July 6t'
special meeting were approved.
Councilm Sam E. Box moved, seconded by Councilman Jack A.
Stipes, for final adoption of Ordinance No. 593 an Ordinanc,
adopting Personnel Pules and Regu ations for t e City of
Fairhope. Motion carried.
Councilman Henry G. Bishop moved, seconded by Councilman bl
Billy Don Wiggins, for final adoption of Ordinance No. 594,J
an Ordinance establishing a Personnel System or the i y
of Fairhope. Motion carried.
Councilman Jack A. Stipes moved, seconded by Councilman Bill:
Don Wiggins, to hear Mr. Les Boone and the residents of
Winterhaven Trailer Court regarding the increase in the
water rates. Motion carried.
Mr. Les Boone and residents of Winter Haven Trailer Court
came before ;the'Mayor and Council to request that the
increase in the water rates be''econsidered. Mr. Boone
read the following letter to members of the Council:
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It is requested that the City Council of the City of Fairhon
Alabama,'takelthe necessary action to prevent the discrim-
ination against the residents of Winter Haven Trailer Court,
in regards fo,the water'rate,,holding that they are large
users of water, according to the new water rates. It is
requested that the City Council in regards to the new water
rate ordinance change the Ordinance holding that Winterhaven
Trailer Court is as any other section of the City of Fairhoo
and billed at the rate that anv_ other fifteen acre area
would be billed.
Councilman Sam E...Box moved that Mr. Boone's request be
denied due to the fact that it would be setting a precedent
in Fairhope and the water fund lost $ 55,000.00 last fiscal
year. Motion died for lack of a second.
The,Council decided to take the request of Winterhaven
Trailer Court under.advisement in order for the City to look
into the situation.
Councilman Sam E. Box moved, seconded by Councilman Jack A.
Stipes, to adopt the Classification Plan for the City
Employees of the City of Fairhope.. This Plan shall be
spread upon these minutes. Motion carried.
Councilman San. E. Box"moved, seconded by Councilman David
E. Bishop, to adopt Plan " B " of the Uniform Pay Plan
to include Phil Rutherford at a salary of $ 14,060.80.
Motion carried.
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MINUTES OF A REGULAR MEETING OF THE COUNCIL
OF THE CITY OF FAIRHOPE
The City Council of the City of Fairhope, Alabama,
convened in regular public session at the City Hall in said
City on the llth day of July, 1977, at 7:00 o'clock P.M., the
regular time and place for holding such meetings. The Mayor
of the City presided. On roll call, the following members
of the Council answered present:
Mayor: James P.•Nix
Councilmen: David E. Bishop
Henry G. Bishop
Sam E. Box
Jack A. Stipes
Billy Don Wiggins
Absent: None
The Clerk was also present.
The Mayor declared a quorum present and the meeting
open for the transaction of business.
The Mayor stated that Messrs. Thomas E. McLendon, Jr.,
T. C. Jackson and Thad H. Ingram, natural persons and duly
qualified electors of and owners of property in the City of
Fairhope, had filed with the Council an application in
writing for authority to incorporate a public corporation,
for the purpose of acquiring, owning, leasing and disposing
of one or more medical clinics and clinical facilities,
under the provisions of Act No. 516 adopted at the 1955
Regular Session of the Legislature of Alabama, approved
September 9, 1955 (Acts of 1955, pp. 1160 et seq.) as amended.
The application was examined and evidence presented as to
the qualifications of each of the applicants. The application
was, upon motion duly•made,�seconded and unanimously adopted,
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ordered spread upon the minutes ofthis meeting. A proposed
form of certificate of incorporation was examined and approved,
and, on motion duly made.and seconded and duly adopted, was
ordered filed with the Clerk.
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Thereupon, the following resolution was introduced in
writing by Mr. Jack A. Stipes
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A RESOLUTION APPROVING THE APPLICATION
FOR AUTHORITY TO INCORPORATE A PUBLIC
CORPORATION FOR THE PURPOSE OF ACQUIRING,
OWNING, LEASING AND DISPOSING OF ONE OR
MORE MEDICAL CLINICS AND CLINICAL FACILITIES
UNDER THE PROVISIONS OF ACT NO. 516, ADOPTED
AT THE 1955 REGULAR SESSION OF THE LEGIS-
LATURE OF ALABAMA, APPROVED SEPTEMBER 9, 1955
(ACTS OF 1955, PP. 1160, ET SEQ.) AS AMENDED
AND AUTHORIZING THE PERSONS FILING SAID
APPLICATION TO PROCEED TO FORM SUCH CORPORATION.
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FAIRHOPE,
Alabama, as follows:
Section 1. That the Council,, upon evidence duly
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submitted to and considered by it, hereby finds and determines
that the following application has been,duly filed.,with the
Council, that such application was signed by,not less than
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three natural persons and that each of said persons is a
duly qualified elector of and owner of property in the City
of Fairhope:
"TO THE GOVERNING BODY OF THE CITY OF FAIRHOPE:
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We, the undersigned natural persons, who are duly
qualified electors and owners of property in the City
of Fairhope, Alabama, do hereby apply for authority to
incorporate a public -corporation for the purpose of
acquiring, owning, leasing and disposing of one or more
medical clinics and clinical facilities under the
provisions of Act No. 516, adopted at the 1955 Regular
Session,of the Legislature of Alabama, approved September
9, 1955 (Acts of Alabama, 1955, pp. 1160, et seq.) as
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amended; and we do hereby request that said application
be granted and that a proper resolution be adopted by
you authorizing such incorporation.
WITNESS our signatures, this -4Zth day of July, 1977.
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Section 2. That the Council has -duly considered
said application and hereby declares that it is wise, expedient
and necessary that such a corporation be formed and that the
persons filing such application shall be authorized to
proceed to form such corporation.
Section 3. That the Council approves such application
and hereby grants the authority applied for, and authorizes
the persons filing such application to proceed to form such
corporation.
Section 4. That the Clerk is hereby authorized and
directed to publish this resolution by publication in one
issue of the "Eastern Shore Courier", which the Council
hereby finds to be a newspaper published in and of general
circulation in the City of Fairhope.
Adopted this llth day of July, 1977.
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Mayor
S E A L
Attest: j
le k
CERTIFICATE`OF PUBLICATION
I hereby certify,."that theiabovejand�foregoing resolution,
bearing the signature of approval of the Mayor, was published
by me by causing they `same , to, be ,publishedt in the "Eastern
Shore Courier", a newspaper published and of general circulation
in the City of Fairhope, in the issue of July /,�,, 1977.
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S E A L
It was moved by Mr.Davi'd E. Bishop that all rules and
regulations which, unless suspended,`would prevent the
immediate.consideration and adoption of said resolution be
suspended and that unanimous consent to the immediate
consideration and adoption of said resolution be given. The
motion was seconded by Mr. Billy D. Wiggin$nd on roll call
was unanimously adopted, those "answering aye being:
Mayor: James P.Nix
Councilmen: David E. Bishop .p
Henry G. Bishop
Sam E Box
Jack A`. ;Stipes
"Billy Don Wiggins
Nays: None.
The Mayor declared the motion unanimously carried.
After said resolution had been discussed and considered
in full by the Council, it was moved by Mr. Jack A. Stipes
that said resolution be now placed upon its final passage
and adopted. The motion was seconded by Mr.
Sam. F. Box
The question being put as to the adoption of said motion and
the final passage of said resolution, the roll was called
with the following results:
Ayes: Mayor: James P. Nix
Councilmen: David E. Bishop
Henry G. Bishop
Sam E. Box
Jack A. Stipes
,Billy Don Wiggins
Nays: None.
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The Mayor declared the motion unanimously carried and
said resolution passed and adopted as introduced and read,
and the Mayor signed the same in approval thereof.
It was moved, seconded and -the motion was unanimously
adopted that the Council now proceed to elect three persons
to the Board of Directors of the proposed Medical Clinic
Board. It was noted that the act under which the Board
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is to be incorporated provides that,the members of the Board
of Directors shall be elected so that they shall hold
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office for staggered terms, the first term -of office of one
director to be two years; that of another director to be
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four years and that of the third director to be six years,
which shall be designated at the time of their election. It
was also noted that no member of the Board of Directors may
be an officer of the municipality. The Mayor called for
nomination for each of the three directorships. The following
persons, no one of whom is an officer of the municipality,
were nominated:
For the two year term: Thomas E. McLendon, Jr.
For the four year term: T. C. Jackson
For the six year term: Thad H. Ingram
The Mayor called for further nominations. There being no
further.nominations, it was moved by Mr. Henry Bishopand
seconded by Mr. Billy Wiggins that nominations be now closed.
The motion was unanimously adopted. An election was held by
the Council and the following were declared duly elected as
members of the Board of Directors for the following terms of
office:
For the term of two years: Thomas E. McLendon, Jr.
For the term of four years: T. C. Jackson
For the term of six years: Thad H. Ingram
It was moved and seconded that the meeting be adjourned.
Motion carried.
Minutes approved:
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Mayor
Councilmen
S E A L "
Attest:
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AUTHENTICATION CERTIFICATE OF CLERK
The undersigned duly elected, qualified and acting
Clerk of the City of Fairhope, Alabama, does hereby certify
that the foregoing pages are a complete, verbatim and
compared copy of the minutes of a regular meeting,of the
Council of said City duly held as therein shown insofar as
said minutes relate to the incorporation of a medical clinic
board in the City and the election of a board of directors
for such medical clinic board. I further certify that the
application entitled "TO THE GOVERNING BODY OF THE CITY OF
FAIRHOPE", set forth in the resolution constituting a part
of said minutes is a complete, verbatim and compared copy of
said application (the original of which bears the signatures
of the applicants) as submitted at said meeting and as
ordered spread upon the minutes of the Council and on file
and of record in the Minute Book of the Council of said
City, and that the resolution set forth in the minutes
approving said application and authorizing the incorporation
of the medical clinic board is a complete, verbatim and
compared copy of said resolution as duly introduced, seconded
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and adopted at said meeting,` approved by the Mayor and
published as shown by my certifi-cate,thereto appended.
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WITNESS MY HAND as Clerk and the official corporate
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seal of said City, this `- day or `
1977.
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