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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: '1 4 , 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. r s � 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, � d 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. -Nk. Thereupon, the following resolution was introduced in writing by Mr. Jack A. Stipes t. 3 r C r 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 -f 9 4 0 ' 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 + s f 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: r 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 r 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. m 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. P e t, -j 4 - 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. J, 'e"/ IV4 41�� — leer 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. t' 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 r is to be incorporated provides that,the members of the Board of Directors shall be elected so that they shall hold .L I ' office for staggered terms, the first term -of office of one director to be two years; that of another director to be v 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: f b eLJ Mayor Councilmen S E A L " Attest: er s 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 'x r and adopted at said meeting,` approved by the Mayor and published as shown by my certifi-cate,thereto appended. r � - WITNESS MY HAND as Clerk and the official corporate 7 i JL/ f� seal of said City, this `- day or ` 1977. S E A L