HomeMy WebLinkAbout07-24-1978 Regular MeetingSTATE OF ALABAMA
COUNTY OF BALDWIN
The City Council, City of Fairhope, met in regular session
on Monday, 24 July 1978, at 7:00 p.m. at the City Administration
Building, 387 Fairhope Avenue, Fairhope, Alabama 36532.
Present were Mayor James P. Nix, Councilmen Sam E. Box, Sr
Henry G. Bishop, Billy Don Wiggins, Jack A. Stipes and City
Attorney John Duck. Councilman Ed Bishop was away on vacation.
Minutes of 10 July 1978 regular session were duly approved.
Mr. Charles Halston, State of Alabama employee, presented a
program explaining the State's Retirement Plan. This plan is
available to Municipal Employees who meet certain criteria. The
first step is to ask for a study,as to feasibility of joining,at
a cost of approximately $300.00. This will be taken under advise-
ment.
Mr. Wesley Strauley introduced Mr. Sonny Gauntt who addressed
Council regarding the retaining of his firm, Thornton, Farish &
Gauntt, Inc., as City's Fiscal Agent. Mr. Gauntt's firm proposes
to handle a Bond Issue in amount of $600,000 on Street Improvement:
and $200,000+ on Sewer & Water Improvements at a maximum cost of
$13,000. Should City decide to hire Bond Consel direct, this
maximum cost would be reduced by approximately $8,000. Council wi.
review proposal submitted by Mr. Gauntt.
Councilman Wiggins moved Mr. Don Smith be appointed to finish
term of Mrs. Jean Smith on Recreation Board. Mrs. Smith resigned
and her husband, Don, will complete her term which expires in
March, 1980. Seconded by Councilman Stipes, motion passed.
Councilman Stipes moved Mr. W. B. McGregor be appointed to
the Library Board for a 5-year term. Seconded by Councilman Box,
motion passed.
Councilman Henry Bishop moved the temporary loan on current
Street Improvement Project be increased from $400,000 to $600,000.
Seconded by Councilman Wiggins, motion passed.
Councilman Wiggins moved Mayor Nix be authorized to begin
construction of improvements on Senior Citizens Tourist and Recre-
ation Building since funds have been received from South Alabama
Regional Planning Commission Grant for this purpose. Seconded by
Councilman Stipes, motion passed.
_1
Councilman Stipes moved the Council authorize the CETA Draina e
Program. Seconded by Councilman Wiggins, motion passed.
Councilman Box moved James Reid be appointed Municipal Judge
of the City of Fairhope. Seconded by Councilman Stipes, motion pas ed.
Councilman Box moved for acceptance of the West Baldwin Contr ct
subject to the approval of our Attorney on the legal fees.
Seconded by Councilman Wiggins, motion passed.
Mr. Bob Young, of Frazier -Lanier, addressed Council regarding
the retention of his firm as City's Fiscal Agent. Mr. Young quote
an estimated $10,000 - $13,000 cost on the upcoming Bond Issue for
Street, Water & Sewer Improvements. This will be taken under
consideration at this time.
City Council Minutes
7/24/78 Meeting Page 2
Mayor Nix presented a request from the former owner of local
Radio Station WABF for the refund of half -the -year's business
license since Station has recently been sold. Councilman Stipes
moved refund be denied. Seconded by Councilman Box, motion passed
Councilman Stipes introduced an Ordinance on Conflict of
Interest. This will be discussed at next meeting.
Councilman Box moved the agreement between Fairhope and Daphn(
regarding Gas Line usage be entered into minutes. This was second(
by Councilman Henry Bishop and voted upon (all aye), however, it
is necessary to meet with Daphne City Council before finalizing
this matter.
Councilman Box moved for acceptance of the Alabama Power
Company Switching Agreement. Seconded by Councilman Wiggins,
motion passed.
Councilman Henry Bishop moved bills be paid as presented.
Seconded by Councilman Stipes, motion passed.
Meeting was duly adjourned.
Approved; , _/" ,,
9- 9J- L
A ting ity Clerk
i
Im
IBILLS PAYABLE:
7/24/78 Council Meeting
Operating Balances:
Alabama Peace Officers
Journal - Ad
Bambauer-Croom Ins.
Gont unity Consultants
Eastern Shore Courier
Exxon Corporation
Marine Specialty Co.
Professional Printing
The Print Shop
Riviera Utilities
Safeguard Business Systems
South Central Bell
United Gas Pipeline
Unij ax
Waller Brothers
Ala. Natural Gas Asso.
Totals
(FRAY. FD
GAS FL)ND
ELECTRIC FD
W & S
46,692.04
80477.00
308.901.04
30.864.18
35.00
6,981.00
372.24
234.22
74.97
2,868.00
520.18
39.00
119.45
78.93
251.35
114.96
34,751.88
206.61
22.24
65.00
4,148.11 42,586.92
C
287''
.04
2871.04
CONFLICT OF INTEREST ORDINANCE
No officer, employee, official or consultant of the
City of Fairhope, or of any of its political subdivisions
or of any of its independent boards or commissions, or of
any corporations, boards or commissions providing municipal
services to the City of Fairhope including electricity, gas,
water or sewer, shall be interested, directly or indirectly,
in any contract for work, work, material, or the profits
thereof, or services performed, or services to be performed
for the City, and no such officer, employee, official or
consultant of the City of Fairhope, or of any of its
political subdivisions, or of any of its independent boards
or commission:, or of any corporations, boards or
commissions providing municipal services for the said City,
including electricity, gas, water or sewer, shall receive
any salary, fE�es, commissions or other form of compensation
from said City, its political subdivisions, its independent
I
boards, commmissions or from any corporations, boards or
commissions providing such municipal services and from any
private source for any work, or contract for work, or
materials, or the profits thereof, or services performed,
or to be performed, where such work, contract for work, or
services performed, or to be performed, relate in any way
to the same subject matter as the work, contract for work,
or materials or the profits thereof, services rendered, or
to be rendered, for the City, its political subdivisions,
or any of its independent boards, or commissions, or any
corporation, board or commission providing municipal
services for the City of Fairhope.
Any violation of the provisions of this ordinance
shall be a misdemeanor and upon conviction thereof, the
guilty
person shall
be punished by a fine of not less
than $
�� _
nor more than $ G00
and
may be
imprisoned in the City jail for not more than
days.
In the event any corporation is found to be guilty
of a violation of this ordinance and a sentence of
imprisonment is imposed, the president of said corporation
shall serve such sentence.
Ac t d i ay, o f!
Ci of Fairhope
/Llyor
At st
Ci Clerk
JA"-� 1.4
STATE OF ALABAMA
COUNTY OF BALDWIN
SALE CONTRACT
This agreement is made on this the day of
, 1973, by and between the City of Fairhope,
acting by and through its Mayor, who is in all respects
qualified and authorized to act for and on behalf of the
City of Fairhope, hereinafter referred to as the First
Party, and The West Baldwin Water and Fire Protection
Authority, an Alabama non-profit Corporation, existing and
acting pursuant to Act Number 107, adopted at the 1965
First Special Session of the Legislature of Alabama,
acting by and through its duly authorized Board of Directors,
who are in all respects qualified and authorized to enter
into the terms and conditions of this agreement, hereinafter
called the Second Party.
WHEREAS, the Second Party operates a water system in
Baldwin County, Alabama, adjacent to the City of Fairhope,
Alabama, and is currently operating pursuant to a contract
for water services from the First Party; and
WHEREAS, the First Party is desirous of purchasing and
the Second Party is desirous of selling the water system
owned and operated by the Second Party; and
WHEREAS, the Directors of the Second Party have
determined that it would be to the best interest of the
water users of its system and the subsequent water users
within the area to be serviced by the First Party; and
WHEREAS, the First Party has determined that it would
be in its best interests to acquire the water system owned
by the Second Party to further the services of supplying
water and fire protection to the areas surrounding the City
of Fairhope,
IT IS NOW, THEREFORE, agreed as follows:
1. The Second Party agrees that it shall sell,
transfer and deliver to the First Party for consideration
herein provided, all of the Second Party's existing assets,
as a going concern, including, without limitation, all of
the Second Party's accounts receivable, pipes, meters, valves,
books, records, rights -of -way and easements, if any. The
assets to be sold and delivered shall consist of those owned
by the Second Party on the day of
, 1978,
including all crash on hand or on deposit after the payment
of closing expenses including but not limited to taxes,
recording fees, transfer fees, outstanding payments which
may be due the City of Fairhope for services rendered and
attorney fees incurred in connection with this sale. Such
sale shall be made subject to all existing liabilities,
obligations and security,interests and encumbrances including
specifically an outstanding indebtedness to the Farmers Home
Administration, which the First Party does hereby agree and
warrant that it: will pay in full, simultaneously with the
closing of this sale.
2. The closing of this sale shall take place at the
offices of Taylor, Benton, Irby and Gibson, at 101 North
Section Street, Fairhope, Alabama, at
the _ day of
o'clock on
, 1978. At the closing, the
Second Party shall deliver to the First Party a Bill of Sale
conveying .all of the assets of the Second Party. The -said
Bill of Sale will be in good and sufficient form and satis-
factory to the First Party as to a description of the assets
of the Second Party to be conveyed in accordance to the terms
and conditions of this agreement. The Second Party at the
closing will also execute and deliver such instruments as
may be necessary to deliver to the First Party all cash on
hand or on deposit or will apply the same directly to the
outstanding mortgage to the Farmers Home Administration and
the outstanding balance will immediately be paid by the
First Party. From time to time, at the First Party's request,
whether at or after the closing and without further consider-
ation, the Second Party will execute and deliver such further
instruments of conveyance and transfer, at the expense
of the First Party which' the First Party may reasonably
require to more effectively evidence the conveyance and
transfer of the assets to be conveyed and sold hereunder.
The First Party will pay all sales, transfer and documentary
taxes, if any, payable in connection with the sale, transfers
and deliveries to be made to the First Warty hereunder.
3. The First Party agrees that it will immediately
upon the completion of the sale and the closing thereof
institute the same rate as the First Party's other rural
(out of City) users which rate schedule is attached hereto
and made a part- hereof.
4. The First Party does specifically agree that in the
event it desires to refinance its water system operations
and expand its system that the water rates currently in
existence for the water users of the West Baldwin and Fire
Protection Authority area will not be changed except in
accordance with the proportional rate change for the
in -City users herein described.
5. The boundaries of the West Baldwin Water and Fire
Protection Authority and the benefits to be derived under
the terms of this agreement and the subsequent sale consists
of that area as described in Exhibit "A" attached hereto and
made a part hereof by reference.
6. The First Party as additional consideration to the
Second Party does hereby agree that it will not change its
rates to the rural (out of City) users except in direct pro-
portion to the rates charged the in -City users of water at
any time in the future. These rates shall perpetually
remain in proportion within the area hereinbelow described
as being the area serviced by the Second Party.
7. It is contemplated and the First Party does hereby
agree that it will create an advisory water board to the
City Council of the City of Fairhope to advise and manage,
subject to the veto power of the City Council, the water
system of the City of Fairhope including the area to be
purchased under the terms of this agreement and that the
Board will consist of a five member Board, two of which shall be
f
from the area defined as West Baldwin Water Board area in Exhibit
two from other rural areas serviced by the City of Fairhope
Water Department and one from within the city limits of the City
of Fairhope.
8. With reference to the Advisory Board to be created by
the City of Fairhope, new members will be nominated from time
to time by the existing Board members and the same must be con-
firmed by the City Council. It is agreed and understood that
the Advisory Board will be created subject to the laws of the
State of Alabama and the provisions herein will be instituted
within the operation of the Advisory Board unless and except the
same violate an existing statute of the State of Alabama.
9. It is specifically agreed and understood by the First
Party that the benefits and rights created for the present
water users of the West Baldwin Water and Fire Protection
Authority may be enforced by any individual water user or resident
within the area defined in Exhibit "A", by a suit in equity for
specific performance or to enjoin a violation of the terms and
conditions of this agreement.
10. The Second Party warrants and represents unto the First
Party as follows:
A. The Second Party is an Alabama
non-profit Corporation duly organized, validly
existing and in good standing under the laws of
the State of Alabama; that copies of the Second
Party's Certificate of Incorporation and all
amendments thereof to date have been duly re-
corded in the office of the Judge of Probate of
Baldwin County, Alabama, and the same are on
record with the Secretary of the State of
Alabama and that the Second Party's by-laws as
amended to date are complete and correct at the
date of this agreement. The Second Party is
duly licensed and qualified and in good standing
to operate the water system which is the subject
of this contract and that it has the right and
authority to convey the assets of the
Corporation to the City of Fairhope, Alabama.
B. The execution and delivery of this
agreement to the First Party by the Second
Party and the sale contemplated hereby have
been duly authorized by the Second Party's
Board of Directors and the Board of Directors
have the authority to enter into such an
agreement to sell all of the assets of the
Corporation in accordance with the terms and
conditions of this agreement.
C. The Second Party is unaware of any
liabilities or obligations of any nature
other than those for current operating ex-
penses, fees incurred with reference to this
transaction and an outstanding mortgage to
the Fanners Home Administration. However,
the Second Party does not enter into any
agreement to warrant or represent that there
are no other liabilities and the Corporation,
and its Board of Directors individually dis-
claim any liability of any nature or any loss
which the First Party may incur as a result
of this agreement and the transaction to be
consummated under the terms and conditions
hereof.
11. The Second Party covenants that pending the
closing it will continue to conduct its business in the
ordinary course, that no payments of any expenses except
in the ordinary course.of business will be made from the
assets of the Corporation and that it will enter into no
contract or commitment except upon the concurrence and
written approval of the First Party and that it will
continue to preserve the good will of the Second Party's
customers and others having business relations with it.
12. It is specifically understood and agreed by the
First Party that the Second Party simultaneously upon the
closing of the sale will dissolve the Corporation, namely
the West Baldwin Water and Fire Protection Authority, and
that the individual Directors shall in no manner incur any
liability or responsibility either for any acts by them
while acting in their capacity as Directors of said
Corporation or for any subsequent liability which may arise
after the closing of the sale, it being the intent of the
Board of Directors of the West Baldwin Water and Fire
Protection Authority to be absolved from any and all
liability or responsibility with reference to their acts
or omissions to act regarding the West Baldwin Water and
Fire Protection Authority business affairs and the sale to
be completed under the terms and conditions hereof.
13. It is further understood by the First Party that
this sale and contract is contingent upon the approval of
the sale by the Commissioners of Baldwin County, Alabama,
and that to effect the sale a proper resolution must be
entered upon the minutes of the records of the Baldwin County
Commission and failing to secure such, this agreement will
become null and void.
14. This agreement may be executed simultaneously in
two or more counterparts, each of which shall be deemed an
original, all of which together shall constitute one and the
same instrument.
IN WITNESS WHEREOF, the parties acting by and through
their duly authorized representatives have executed this
agreement on this the day of
THE CITY OF FAIRHOPE
By:
JAMS P. NIX, MAYOR
1978.
ATTEST:
CITY CLERK
THE WEST BALDWIN WATER AND
FIRE PROTECTION AUTHORITY
gay: .......
ARTHUR FLEMING, DIRECTOR
By:
WAYNE HOFFREN, DIRECTOR
By: .. ....... ..
CHARLES INGERSOLL, DIRECTOR
4 ORDINANCE NO. 586
An Ordinance fixing water rates inside the
City Limits
of rairhope and Outside the City'Limita of
Fairhope and the
i1x-irig of sewer rates within the City Limits of Fairhope,-
Alabama and repealing any and all prior Ordinances or
Renolutions in conflict herewith.
BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF
FATMOPE, ALABAMA:
Section 1.- There is hereby fixed the following
.
nchedule of rates for the usage -of water within the City
Limits of Fairhope, Alabama, as follows:
-USAGE. 7N GALLONS. COST PER 1,000 GALLONS
0-2.000
$ 3.50
2,000-5,000
0.70
001)-3.0,000
0.65
10 , 000-20 , 000
0.60
7.0 , 000-•30, 000
0.50
30 , 000--50 , 000
0.45
50,000-•70,000
0.40
70 ,000-100,000.
0.375
Ovcr 100,000
0.35
Section 2.- There is hereby fixed the
following schedul. .
I�
�
of r„t tes for usage of dater outside of the
g
City
y Limits of
V—trhope, Alabama:
,
USAGE IN GALLONS: COST
PER 1,000 GALLONS
.-0
6 5.25
3 , Oo0-3, 000
1.50
3
7.
SM
USAGE IN GALLONS ( CONT.).. COST PER 1,000 GALLONS
5,000-10,000 .1,10
Over 10,000 0.75
\Section 3.- There is --hereby fixed the following schedule
of.,rates for sewer within the City Limits of the City of Fair-
'.;
hope, Alabama:
USAGE IN GALLONS: COST PER 1,000
0-4, 000 $ .2.50
40000-16,000 ,
60 % of water bill
(. $ 6.50. maximum )
• 16,000-25,000. 55 % of water bill
($ 8.50 maximum }
25,000-50,000 50 % of water bill
( $ 11.00 maximum')
Over 50,000 40 % of water bill
($ 75.00 maximum )
Section 4.- That any and all prior Resolutions and Ordinances
of the fixing of water and sewer rates in conflict herewith
be, and the same are hereby REPEALED.
Section 5.- This Ordinance shall become law upon ito dui: adop-
tion and publication as required by Law.
Section 6•- Each owner of any apartment, condominiurcis, or
business shall be charged with a minimum rate for water and a
minimum r<<te for sewer for each unit, ox the proposed rate,
whichever is greater.
Section 7.- This Ordinance shall become law upon its due
adoption and publication as required by law.
ADOPTED THIS THE.- DAY OF %� Clt• � 1977.
CITY OF FAIRHOPE
I
July 24 9 1978
Honorable Victor Warisco, Mayor
City of Daplav
Dapbrw, Alabina 36526
DWW 'VicY
Arm is a Supplamantal Agreemant that we are proposing to
be wade a piirt of the Agreement d at uw entsred into the
23rd day of .January 1950 for the purchase by Daphne of its
gas distribution system located within its cgn City limits.
This Ag+ramrit is simply to protect the City of Daphne
if the Qtty of Fairhope wwAeded its quota and uns forced
into a peraIL7 situation, and at: the same time protect the
City of Fairl,lope if the City of b*= oweeded its quota
and fb=r d uu into a penalty situation.
I hope this •Went mints with,your. and yots Hoard's.
approval. A -A that we can get this Agreement signed soon.
If you. 1vm any furd= questionsplease do not hesitate to
call.
With kirykst personal regards,
Jems P..Nix, Mayor
City of Fai-rhape:
JPN:br
Enclosure(l) w,..
4
STATE OF T.LABAMA
BALDWIN COUNTY
SUPPLEMENTAL AGREEMENT
THIS SUPPLEMENTAL AGREEMENT made and entered into on thl.s
the day of
, 1978, by and between the
CITY OF FRIRHOPE, a municipal corporation, located in Baldwin
County, Alabama, hereinafter referred to as "FAIRHOPE" and the
TOWN OF DAPHNE, a municipal corporation, located in Baldwin
County, Alabama, hereinafter referred to as "DAPHNE",
WITNESSETH:
That WHEREAS, the parties herein entered into an Agreement
on the 23i:d day of January 1950 for the purchase by Daphne of it
Gas Distr__bution System located within its own City Limits, -and
for the purchase by Daphne of 10 percent of the total volume of
gas bought by Fairhope at its source of supply located south of
Bay Minette, Alabama, the said source of supply being bought
from United Gas Pipe Line Company, and
WHEREAS, United Gas Pipe Line Company has been put under. a
Curtailment Order by the "Federal Energy Regulatory Commission"
and said curtailment Order has caused United Gas Pipe Line Compa
to .implement and enforce the said Curtailment on all of its
wholesale customers, including Fairhope, which said Curtailment
is based on the base year of 1972-73, and
WHEREAS, Daphne is entitled to the 10 percent of the total
volume of gas delivered to Fairhope at its source of supply
south of Bay Minette, Alabama, and
WHEREAS, it is expedient that Fairhope and Daphne enter in
a Supplemental Agreement as to the Curtailment and penalty as
set forth by the FERC to United Gas Pipe Line Company, and the
Curtailment imposed by United Gas Pipe Line Company upon the
City of Fairhope, Alabama.
NOW, THEREFORE, Fairhope and Daphne hereby mutually agree,
each with the other, as follows:
1. That Fairhope's meter shall be read daily at its
metering pcint with United Gas Pipe Line Company at its source
of supply south of Bay Minette, Alabama and compared with its
use as set forth in the Comparison Figures attached hereto and
made a plart hereof as though fully incorporated herein, marked
Exhibit A, and that if Fairhope uses more than the allocation
allowed ahem by United Gas Pipe Line Company according to the
figures attached hereto, then, and in that event, Fairhope
shall pay the penalties incurred thereunder for such overusage
as metered on a daily basis or a monthly basis.
2. That if Daphne exceeds more than 10 percent of the
volume of gas metered to Fairhope at its source of supply south
of Bay Minette, Alabama on a daily or monthly basis according to
the chart: attached hereto under its allocation as allowed by
United Gas Pipe Line Company and it is solely responsible for
Fairhope's exceeding its total supply of gas under the Curtailme
Plan, then, and in that event, Daphne hereby agrees to pay to
Fairhope all of the penalty and any other costs incurred for the
usage of more than Daphne!s allocation of gas metered to it in
accordance with the terms and conditions of the original cont-rac-
as hereinabove set out, and according to the figures as set out
by the attachment hereto.
3. If Fairhope and Daphne both exceed, on a daily basis or
a monthly basis, their quotas, as hereinabove set out,and United
Gas Pipe Line Company imposes the penalties according to their
Curtailment Plan, then, and in that event, each party herein
shall be liable on a percentage basis of each of their over-
i
usage of the allowable volume of gas metered to each of the
parties, on the day or month that the said penalties are im-
posed on a Fero-rata basis according to the exceeded quota on
behalf of each of the parties herein.
-2-
IN WITNESS WHEREOF, the parties herein have caused these
presents to be executed by their respective Mayors, duly
authorized on this the day of __
1978.
CITY OF FAIRHOPE
By: -•
As its Mayor
ATTEST:
City Clerk
TOWN OF DAPHNE
By:
As its Mayor
ATTEST:
City C1E:rk
THE STATE OF 'q ABAMA
E,hLDWIN COUNTY
I� — , a Notary Public in and
for said county in said state, hereby certify that JAMES P.
p]IX whose name as Mayor of CITY OF FAIRHOPE, a municipal
corporation, is signed to the foregoing ins.tlrgme.nt and who
.is known to rite, acknowledged before me on this day that,
being info.rmc.!d of the contents of the instrument, he , as
such officer with full authority executed the same voluntarily
for and as the act of said corporation.
Given under my hand and seal this the day of
1978
My Commission expires:
-3-
NOTARY PUBLIC
/-01 '
THE STATE OF ALABAMA
BALDWIN COUNTY
I,__ , a Notary Public in and
for said county in said state, hereby certify that
_ whose name as Mayor of TOWN OF DAPHNE, a
municipal corporation, is signed to the foregoing instrument
and who .is known to me, acknowledged before me on this
day that, being informed of the contents of the instrument,
he, as such officer with full authority executed the same
voluntarily for and as the act of said corporation.
Given under my hand and seal this the day of ,
1978
NOTARY PUBLIC
My Commission expires:
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W. B.J. l rme.ord _
Alatmm Yl7Wi r Cogur Y .. .
P.O. Box 2641
Biradngtan, 1 35291 ..
I am enc1os:�3-; the t b ree (3) copies of t1he Switching Agreewmt
that yrxa tmr4-!bt mown last Thzrs&y with two changes in it
that was► su %ested by the city Attorney.
I hope that .phase meet with your .appravul, and that they can
be atecuted :91w)rtly. _
If dvm a are any questions p1wee list me know.
With kimk-.st pcwsonal regards, . . .
James P. Niu, Mayor
city of Fairix"
JPNsbr
Enclovurw(3)
a
.4 .
a
• • awavell 9alt la
This operating agreement is entered into between ALA.BAMA POWM COMPANY
(hereinafter sometimes referred to as the Power Company) and THE CrTY OF
FAIRHOPE (hereinafter sometimes referred to as the City) on this
DAY OF , 1978.
WITNIESSE'T:i :
Ln consideration of the benefits to the City and to the Power Ccimpany in
restoring or aiding in the restoration of electric service to the City in time
of evergency, permission is hereby granted by the Power Ccimpany to the City,
subject to the t(--_rns and conditions of this agreement, to operate certain
specified Power Ccarjxmy switches.
(A) In order- to establish a clear understanding and agreement between
the Pu,&-x Co pany and the City regarding the operation, by the City's personnel,
of certain of the Poorer Company's 115 KV electric facilities in Baldwin County,
Alabatre, the follcmir:g procedures are hereby established and mutually agreed to
by the parties hereto. Any switching or other action in connection with the
operation of such si2)station and transmission facilities specified herein shall
be performed strictly in accordance with the procedures and provisions set forth
below, and be subject: to the terms hereof.
(3) The City shall furnish to the Power Company a list of its personnel,
quali.:L_i_ed and ccrgx-!tent to perform the switching called for in this agreement,
to be .listed on Exhibit "D", and will keep the Power Car►pany advised in writing
of ad(:iitions to or Oc�letions from that list. Only those persons so listed by
the City and approves:! by the Power Company (approval being signified by the
Power Car any placinr their nacres on its Official Clearance List) shall. be -
authorized to perform: the switching specified under this agreement. In this
agreOru-nt, city personnel so authorized shall be referred to individually as
The City Operator.
(C.) . A copy of the Pox Company's single line switching diagram No. A-590-415
shaaing that portion of the Power Ccxrpany's system pertinent to this agreement
is marked Exhibit "A" attached hereto and made a part of this agreement.
;D) Specific switches intended to be operated under this agreement are
listed on Exhibit "B" , attached hereto and made a part of this agreement.
SwitclLes may be addo! to or deleted from this list by mutual agrearetnt of the
parties. Such revision will be accomplished by the issuance of a revised
Exhib--' "B" showing the effective date and executed by the Mobile Division
Vice President of Ala xmki Power Ccxrpany and the Mayor of The City of Fairhope.
(E) Good communications between the Mobile Control Center of the Power
Company and the City's personnel authorized to switch under this agreement
are essential. The City agrees to install a telephone at the City's substation
and agrees to see that it is kept in good working order. Under no conditions
will switching orders be relayed by a third party between Mobile Control Center
and the City Operator. The Mobile Control Center must be in direct contact
with the City Operator who is to perform the switching operation.
(F) The City Operator shall not operate any Power Cowry switch or
device except on specific instructions of the Mobile Control Center. Switching
orders and execution will be in accordance with the Power Carpany's Electric
System Operating Procedure, pertinent portions of which are quoted, marked
Exhibit "C", attached hereto and made a part of this agreement.
(G) The City agrees to assume all responsibility or liability for all
demands, claims, actions or suits for damages by its customers caused by any
unsatisfactory power conditions or loss of power or otherwise resulting only from)) '
any City negligent operations.under this agreement.
f (H) in performing work under this agreement,the City and its employees
shall be and act as an independent contractor. Operations performed by the
City personnel on cr around the Power Company's equipment or elsewhere shall
not be construed to constitute such persons, agents or employees of the Power
Camp,3ny for any purpose.
(I) The City hereby agrees to indemnify and hold harmless the Power
Company, its agents, servants and employees, from and against any and all
liability, claims, demands, suits, actions for damage to property or injury'
to pexsons (including death) arising out of, or resulting from any negligent
acts or omissions of the City or its agents, servants or employees in connection
with the switching or other operations performed under this agreement, ix
XXX=%)J0M= The Power Company shall be responsible for such injuries or
damages resulting from its sole negligence.
(J) The Poxes Company's Mobile Control Center can be reached on the South
Central Bell 'Telephone Company System at the following hours and numbers:
43$L 5319 ---- Answered twenty-four (24) hours a day.
433-7650 -•-- Additional number after normal business hours.
438-6071 -•-- I?B-X Switchboard during normal business hours.
(8:00 a.m. - 5:00 p.m., Monday through Friday)
(iC) Alabama Bawer Company's keys, listed on Exhibit "D", attached hereto
and made a part of this agreement, are herewith delivered to the City for use
by the City personmel to gain access to and unlock switches specified in
Exhibit "B" for jx_rforming the switching operations herein provided for. The
City hereby acmowledges receipt of these keys and agrees that they shall be
used solely for the purpose herein set forth and agrees to return all such
keys to the Power Ccmpany if and when this agreement is terminated.
(L) This agrecrroent may be terminated at any time by either party giving
the other party ten days' written notice, termination to beecene effective at
the expiration of such notice.
IN W=SS UUTECIF, Alabama Power Company has caused this agreement to
be executed by its Division Vice President and The City of Fairhope has caused
this agreement to be executed by its Mayor, both being duly authorized thereto,
on the date first shown above.
THE CITY CF FAINIOPE
W=SS
WITNESS
4
By:
Division Vice President-
a ran s Armor 4 1
NO. DATE
TR......... ..........
C K,. .. z:f.............
AP P...........................
0ATR.. .:�...7.`r.3.. SUPERSEDES
EXHIBIT A
W
a
0
II` ��a _ 19559
Ln
Lo
JO-) c
19563
AND FOLEY
REVISION AL.ABAMA 'POWER COMPANY
SU13JECT SINGLE LINE DIAGRAM
DETAILI!SKV CNSTEN �F?A,RTIAL)`iLVERHIL_L
//
Fa!R1-COPE AR��//
SCALE sm. _1_OF_.L_SMEETS I A-590 -4 If
L'R7T7'TT9TTTI "B11
Operating Agrearent between
ALABAMA POWER COMPANY and THE CITY OF FAIRHOPE
Date Effective: 1978
The following Alabama Pownar Ccanpany 115 KV switches are designated to
be operated by The City of Fairhope personnel under certain emergency conditions
in accordance with the Operating Agreement between the two parties dated
SI= NUMBERS LOCATION
19559 East side of City of Fairhope Tap.
19563 West side of City of Fairhope Tap.
19561 In The City of Fairhope Tap.
THE CITY OF FAIRHOPE ALABAMA POWER COMPANY
By:
Division Vice President
� t-
SS r1X_'H.1NG ORDERS
Stivitching orders will be issued only by the person who has control of
the switch. In all switching orders, each switch must be referred to by its
respective number instead of by the name of the circuit which it controls.
The sequence in which the switch numbers are given in the switching order
shall indicate the sequence in which the switches are to be operated. For
example, an order given "Open 2864-A, Close 2867, Open 2864, Open and Tag,
2863", must be executed as follows: First, open knife switch 2864-A; second,
close .bypass switch 2867; third, open breaker 2864; fourth, o�-n and tag oLen
H—sc6ruiect switch 226'3. NO DEVIATION FR M THIS RULE IS PERMISSIF=.
`III avoid misunderstandings and possible accident producing errors, all
orders concerning mvitching operations must be rated word for word by the
person receiving the order to the person issuing g it. The person receiving
the switching order also must secure the identity of the person who is issuing
the order. Likewise, the Dispatcher or Operator issuing the order must secure
the idanti of the person to whan the order is issued. InuediatelyUter
execvting a switching order, the .City Operator must report to the Lead Dispatcher
or Operator and repeat the switching as done. The Load Dispatcher or. Operator
must then repeat the switching to the City Operator who executed it, for.
confirmation.
STnll'PCfLiING (YMEIIS MUST BE WRITT33Q BY THE PERSON ISSUING THE ORDER AND BY
THE CITY OPERATUR PJ71(T,,IVING IT ON SWITCHING FORMS PROVIDED. THIS WKT.=
ORDEi? MUST BE CIE Ill BY THE CITY OPERATOR FOR CORRECTNESS. MIEN EXECUTING
THE THE c TTY OPERATOR MUST CARRY THE WRI= ORDER WrM film AND
MAKE A NOrTATIM BY EACH STEP AS IT IS CU4YLh=. IN NO CASE SHALL ANYONE E`JER
A'ITEMI?T TO ISSUE OR I.'IJRI!'OF 4 A SWIMUNG ORDER FROM MEMORY.
Each person, whether Load Dispatcher, Operator, or otherwise, rrnzst realize
that the safe execution of switching orders depends to a large extent upon
himself. It is essential., therefore, that every order received be CW=. ,LY
UNDEPSTC)OD. Incase there is ANY DOUBT as to the correctness of an order, the
person issuing it rrnist be consulted and an explanation requested. Before any
switch is operated, either opened or closed, the person executing the switching
must carefully check its position (blades and arcing horns) and verify that the
actual position of -Erie switch conforms with that indicated on his switching
order. Any switch -Ehought to have been open but found closed or any switch
thouc jt to have bean closed but found open, nJST NOT BE OPERATED, but must be
reported to the person issuing the switching orders and no further switching
done until the order has been corrected. 'Furthermore, if during the process
of exe-cuting an order the City Operator has reason to believe that the remaining
switching would be in error, he must STCP at that point, report the switching
that has already burn ccirpleted to the person issuing the order, and request. an
explanation of the :remaining portion of the order. Cam mications relating to
switching and other operating functions will be carried on in a courteous but
manner, fre-a of irrelevant or
F
IT
"Col
--
Additionally, my and all switching orders issued from the Mobile Control
Centex regarding the operation of an air break switch will include confirmation
frcm the switchTiai that:
(1) AIL BIADES XND ARCING HORNS ARE OPEN AND IN THE C LFAR
(if the order is to open the switch)
or that
(2) ALL BLADL S ARE MADE UP PROPERLY
(if the order is to close the switch)
0
m 9,
The following «nployees of The City of Fa.irhope are authorized, under the
Operating Agreem-..nt between Alabama Power Connpany and The City of Fairliope, to
operate certain switches covered by this agreement. The keys assigned to these
employees are listed together with their names below:
Name Title Key Number
Phi].. Rutherford General Superintendent
Aaron Norris Electrical Superintendent
Cheater Aikenis Head Electrician
t
Fairhope Municipal Court Cases for June, 1978
Total number of cases appearing on docket
Cases continued from previous month
Guilty pleas or found not guilty
Dismissed, nolle prosse or found not guilty
Bond forfeitures
Alias issued for failure to appear
Cases continued
Number of Traffic cases
Number of non -traffic cases
Bond Forfeitures
Court Costs Assessed
Fines Assessed
130
6
78
17
all
1
9
68
42
$770.50
821.00
2,902.00
$4,493.50
/# R" - :�'
James H. Reid, Jr.
Municipal Court Judge
ADVERTISEMENT FOR BIDS ,
• a
SEALED PROPOSALS for the construction`of SEWER OUTFALL LINE BRACING
FOR THE, CITY bF FAIRHOPE, ALABAMA will be received by the CITY at the
FAIRHOPE CITY..HALL until 10:00 A.M. on the 6th day of SEPTEMBER, 1978,
at which time and place Proposals will be publicly opened and read
aloud.
THE PRINCIPAL ITEMS OF WORK ARE:
Bracing Approximately 550 L.F. of 16" D.I. Sewer Outfall
Line with Creosote Pile and Timber Cribbing
CONTRACT DOCUMENTS may be inspected at, and may be obtained from MOORE
ENGINEERING COMPANY, 555 NORTH SECTION STREET, OR P. 0. BOX #421, FAIR —
HOPE, ALABAMA 36532, upon deposit of Fifteen Dollars (515.00) of which
Five Dollars ($5.00) will be refunded to persons or firms upon return
of all documents in good condition within five (5) days after the date
for opening Bids.
PROPOSALS must be accompanied by a PROPOSAL GUARANTY in an amount equal to
five percent (5/) of the Proposal. The successful Bidder will he required
to furnish a PERFORMANCE AND PAYMENT BOND in an amount equal to the Contrac
Price; said Bonds to remain in full force and effect: for a period of one
year after the completed work has been accepted by the OWNER.
ALL BIDDERS must comply with the Contractor's Licensing Law of the State
of Alabama (Code 1975, Title 34, Section 81 1-27), and must be certified
for the type work involved.
SUBMISSION of a Proposal by any person, firm, or corporation shall be prima
facie evidence that he or they have carefully examined the site of Work and
the Contract Documents; that he or they have judged for, and satisfied
themselves as to the conditions to be encountered, as to the character of
the Work to be performed, and materials to be furnished, as to the require—
ments of the Contract Documents, and as to the contingencies; further that
he or they have familiarized themselves with and shall comply with all re—
quifements of all Federal, State or Local Laws and Ordinances which may
Ol rectly or indirectly affect the Work or its prosecution, persons engaged
or employed on the Work, and materials or equipment used in the 'Work.
THE CITY reserves the right to reject any and all Proposals, to waive in—
formalities and technicalities in the Proposals, and to delay Award of Con—
tract for a period of thirty (30) days after the date for receiving Propose
THE CITY OF FAIRHOPE, ALABAMA