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HomeMy WebLinkAbout10-08-1979 Regular Meeting102 STATE OF AIAMIA X COUNTY OF BALDWIN The City Council, City of Fairhope, met in regular session at 7:00 p.m. City Administration Building, 387 Fairhope Avenue, Fairhope, Alabama 36532, on Monday, 8 October 1979. Present were Mayor James P. Nix; Councilmembers Sam Box, Sr., C.O. McCawley, Trisha Nelson, Jack Stipes, and David Ed Bishop; City Clerk Evelyn Phillips and City Attorney John Duck. Minutes of the 24 September 1979 regular session were duly approved. This being the date set for a public hearing on the Restaurant Liquor License application by Mr. Danny Starr and Mr. William Maury III dba ITILLIE DCXXU 'S to be located in Carmel Square, Point Clear; Mr. Starr and Mr. Maury presented Council with blueprints and other informa- tion on the restaurant -bar which is not yet constructed. Proof of Pub- lication was presented. Mayor Nix asked for a show of hands in favor of, and in opposition to, this application. Approximately 20 were in favor and 1 was in opposition. Council informed the applicants approval was not normally given before construction and that the police report was not yet complete due to their being from out-of-town which usually requires additional time. It was decided to take the application under advisement for action at a later date. Counci]man Bishop introduced, and moved for the adoption of the follow- ing Resolution. Seconded by Councilman Stipes, motion passed unanimously: RESOLUTION WHEREAS, Gary A. Sandell has been named the Southwest Alabama Emergency Medical Technician Intermediate of the Year by his peers, and WHEREAS, the City of Fairhope, Alabama., recognizes his outstanding services to our community, NOW THEREFORE BE IT RESOLVED by the Mayor and Council of the City of Fairhope that a copy of this Resolution be spread upon the minutes of the Meeting of the City Council of the City of Fairhope on the 8th day of October, 1979, in order to have permanently recorded said appreciation of his dedication and service. ADOPTED THIS 8TH DAY OF OCTOBER, 1979. Mr. Sandell was presented with a copy of the Resolution and expressed his appreciation to the Mayor and Council for this recognition. 103 (Oct. 8179) Councilwoman Nelson nominated Ms. Rae Jackson for an unexpired term vacancy on the Recreation Board. Councilman McCawley nominated Mr. Cary Sandell. Councilman Stipes moved the nominations be closed. Seconded by Councilman Bishop, motion passed unanimously. The vote on each nominee was: Jackson Sandell Nelson McCawley Box Stipes Mayor Nix Bishop Due to the tie -vote, the vacancy remains unfilled. Mayor Nix informed Council that the City Attorney and the City Engin- eering Consultant had been informed that several items of business per- taining to the proposed Waterline Extension needed to be transacted during a single session of the Council. Councilman Box moved to hear this business, not on the Agenda. Seconded by Councilman Bishop, motion passed unanimously. Councilman Box introduced, and moved for the adoption of, the -following Resolution. Seconded by Councilman McCawley, motion passed unanimously. (See Exhibit A, Loan Resolution, Form FmHA 442-47) Councilman Box moved to approve Operating Budget shown on Form F iiA 442-7. Seconded by Councilman Bishop, motion passed unanimously. Councilman Box introduced the following Service Rules & Regulations and Water Users Agreement Resolution. Councilman Box then moved to suspend the rules in order to adopt the resolution at this time. Seconded by Council- woman Nelson, the vote to suspend the rules was: AYE -- Mayor Nix, Council- nembers Nelson, Box, Stipes, Bishop and McCawley. NAY - none. Motion to suspend passed unanimously. Councilman Box then moved for final adoption of the following Resolution. Seconded by Councilman. Bishop, motion passed unanimously.(See Exhibit B, Service Rules & Regulations, Exhibit C, Water Users Agreement) Councilman Box moved to authorize the Mayor to execute the Equal Opportunity Agreement, FmHA Form 400-1. Seconded by Councilman Bishop, motion passed unanimously. Councilman Box moved to authorize the Mayor to execute the Nondiscrim- ination Agreement, FmHA Form 400-4. Seconded by Councilwoman Nelson, motion passed unanimously. Councilman Bishop moved to authorize a Plan of Operation showing personnel, equipment, etc. Seconded by Councilman Box, motion passed unanimously. (Oct. 8'79) 104 Councilman Box introduced Ordinance.No. 642, an Ordinance to establish all water rates for Within-the-City-UsersrWithout-the- City -Users, and all Users of West Bladwin Water Authority as of the date of purchase. Councilman Box then moved to suspend the rules in order to adopt the Ordinance at this time. Seconded by Councilwoman Nelson, the vote to suspend the rules was: AYE - Mayor Nix, Coumcilmembers Box, Nelson, Bishop, Stipes, and McCawley. NAY - none. Motion to suspend the rules passed unanimously. Councilman Box then moved for final adoption of Ordinance No. 642. Seconded by Council- man Stipes, motion passed unanimously.(Copy Attached Exhibit D) Councilman Box moved to authorize the Mayor to execute the Request for Obligation of Finds, FmHA Form 440-1. Seconded by Councilman Stipes, motion passed unanimously. Councilman Box moved to authorize the Mayor to execute the Ageement for Engineering Services, FmHA Form 442-19, with Moore Engineering, Inc., of Fairhope. Seconded By Councilman Stipes, nation passed unanimously. Councilman Box moved to authorize the Mayor to execute a Legal Services Contract with John V. Duck, Attorney, Fairhope, Alabama. Seconded by Councilwoman Nelson, motion passed unanimously. This concluded the transactions required on the Waterline Extension Project. Councilman Stipes moved to accept the $105,000 Performance Bond on Mea&xkrook Subdivision from Meadowbrook, Inc. Seconded. by Councilman Bishop motion passed unanimously. Mayor Nix informed Council that he had been advised that a $50,700 grant had been approved on the 201 Wastewater Treatment Facilities Plan. Councilman Box stated some 3,199,000 c4ic feet of gas had been lost due to leakage from storm damage. Councilman Box said he recommended that no customers be given exemptions on their gas bills at this time. Mr. Dickie Dryer asked some questions of the Council and asked that the minutes show the discussion. Mr. Dryer stated he had three items on his mind, (1) Is it true the Gas Superintendent, Mr. Gene -Fuqua., took his crew and had them clean debris around his ft.Fuqua's) home immediately after the storm in order to have the electrical service restored?, (2) He, Mr. Dryer, would like to enter on the minutes that Library Board members Ed Bishop, Reverend Shepherd, and Robert Mason awed some $1,050 to the Librarian for the period of time she did not work, according to the Count Settlement, and (3) Didn't the City violate the Bid Law by paying some $3,000 on one purchase order to a Company which was owned in part by a Councilman During the 1978 Flood disaster? In answer to Mr. Dryer's comments, (1) Mr. Fuqua was present and told him his information was totally incorrect. Mr. Fuqua and his crew offered their help to the Electrical Department as soon as they could after the storm and the clean-up work they did was at the direction of the Electrical Superintendent Aaron Norris. Mr. Norris was also present and he stated this was true and no preferential treatment was given to any City employee; (2) Mayor Nix and Councilman Bishop both stated that Mr. Dryer's opinion or interpretation of the Court Settlement was wrong and that all actions taken by the Library Board 105 (Oct. 8179) and the Council was in accordance with the Court and lender the legal supervision of Mr. Charles Arendall, City's legal counsel during the recent court action. Another member of the audience, Mr. Roy White, asked Mr. Dryer why, if he thought someone was doing wrong, he didn't seek legal action instead of asking for his opinion to be placed in the minutes. Mr. Dryer did not answer; and (3) Mayor Nix stated that no bid law.was violated during the Flood Disaster. Councilman. Box moved to reapply for a Cmmunity Development Block Grant. Seconded by Councilman Bishop, motion passed unanimously. Councilman Stipes moved to make a settlement with Major Homes, Inc., on a disputed bill of some $577.00. Seconded by Councilman. Box, the vote was: AYE - Councilmenbers Stipes and Box. NAY - Counci1members Bishop, Nelson, and McCawley. Motion to settle was denied. Councilman Stipes moved to authorize City Attorney Duck to take legal action against Major Homes, Inc., for the collection of the unpaid account. Seconded by Councilman Bishop, motion passed unanimously. . Mr. Joe Miller offered a proposal to prepare City Maps from aerial photos for some $6,000. This will be taken under advisement. Councilman. Box moved to pay bills as presented. Seconded by Councilman McCawley, motion passed unanimously. Councilwoman Nelson and Recreation Board Chairman Barney Shull presented the 1979-80 Recreation Department Budget for Council approval. Mayor Nix presented the 1979-80 City Budgets for study and approval. The Mayor stated the new budgets reflected a 7% employee pay increase, a $100,000 Civic Center Building Fund, and monies for the State Retirement Plan. Councilman Stipes moved that a sign be placed on the Municipal Pier, which suffered storm damage, stating "No Trespassers. Authorized Personnel Only". The authorized personnel would be boat owners who needed access to the marina, authorization to be Ytandled by Mr. Bob Pope and the Police Department. Seconded by Councih-nan. McCawley, motion passed unanimously. Councilman Stipes moved to approve the 7% employee salary increase effec- tive this pay period. Seconded by Councilman Bishop, motion passed unanimously. Meeting was duly adjourned. Mayor O City C Position 5 FDA-FmHA rm FmHA 442-47 ev. 4-9-76) A RESOLUTION OF THE LOAN RESOLUTION (Public Bodies) CITY COUNCIL i�I��iB'r n G OF THE ----CITY_ OF FAIRHOPE, ALABAMA -- -- -- -- -- - ------------------------------------------------------------------------------------------------------ \,_AUTHORIZING AND PROVIDING FOR THE INCURRENCE OF INDEBTEDNESS FOR THE PURPOSE OF PROVIDING -A PORTION OF THE COST OF ACQUIRING, CONSTRUCTING, ENLARGING, IMPROVING, AND/OR WATER SYSTEM EXTENDINGITS --------------------- ----------------------------------------------------------------------------------------------------- FACILITY TO SERVE AN AREA LAWFULLY WITHIN ITS JURIDICTION TO SERVE. CITY OF FAIRHOPE, ALABAMA WHEREAS, it is necessary for the ---------------------------- - - * (Public Body) - (herein after �caVd association) to raise a portion of the cost of such undertaking by issuance of its bonds in the principal a - $___2_t_530t_000_.00 ---------------------------------------------------- R. SEC. 11-81-1 THROUGH 11-81-227 1975 CODE OF ALABAMA pursuant to the provisions of --------------------------------- - WHEREAS, the association intends to obtain assistance from the Farmers Home Administration, United States Department of Agriculture, (herein called the Government) acting under the provisions of the Consolidated Farm and Rural Development Act (7 U.S.C. 1921 et seq.) in the planning, financing, and supervision of such undertaking and to purchasing of bonds lawfully issued, in the event that no other acceptable purchaser for such bonds is found by the association: a NOW THEREFORE, in consideration of the premises the association hereby resolves: 1. To have prepared on its behalf and to adopt an ordinance or resolution for the issuance of its bonds and containing such items and in such forms as are required by STATE statutes and as are agreeable and acceptable to the Government. 2. To refinance the unpaid balance, in whole or in part, of its bonds upon the request of the Government if at any time it shall appear to the Government that the association is able to refinance its bonds by obtaining a loan for such purposes from responsible cooperative or private sources at reasonable rates and terms for loans for similar purposes and periods of time as required by section 333(c) of said Consolidated Farm and Rural Development Act (7 U.S.C. 1983(c)). 3. To provide for, execute, and comply with Form FmHA 4004, "Nondiscrimination Agreement"; and Form FmHA 400-1, "Equal Opportunity Agreement", including an "Equal Opportunity Clause", which clause is to be in- corporated in, or attached as a rider to, each construction contract and subcontract involving in excess of $10,000, 4. To indemnify the Government for .any payments made or losses suffered by the Government on behalf of the association. Such indemnification shall be payable from the same source of funds pledged to pay the bonds or any other legally permissable source. 5. That upon default in the payments of any principal and accrued interest on the bonds or in the performance of any covenant or agreement contained herein or in the instruments incident to making or insuring the loan, the Government, at its option may (a) declare the entire principal amount then outstanding and accrued interest immediately due and payable, (b) for the account of the association (payable from the source,of funds pledged to pay the bonds or any other legally permissable source) incur and pay reasonable expenses for repair, maintenance, and operation of the facility and such other reasonable expenses as may be necessary to cure the cause of default, and/or (c) take possession of the facility, repair, maintain, and operate or rent it. Default under the provisions of this Resolution or any instrument incident to the making or insuring of the loan may be construed by the Government to constitute default under any other instrument held by the Government and executed or assumed by the association, and default under any such instrument may be construed by the Government to constitute default hereunder. 6. Not to sell, transfer, lease, or otherwise encumber the facility or any portion thereof, or interest therein, not permit others to do so, without the prior written consent of the Government. 7. Not to borrow any money from any source, enter into any contract or agreement, or incur any other liabilities in connection with making enlargements, improvements'or extensions to, or for any other purpose in connection with the facility (exclusive of normal maintenance) without the prior written consent of the Government if such undertaking would involve the source of funds pledged to pay the bonds. 8. To place the proceeds of the bonds on deposit in an account, in a bank, and in a manner approved by the Government. FmHA 442-47 (Rev. 4-9-76) 9. To comply with all applicable State and Federal laws and regulations and to continually operate and maintain the facility in good condition. 10. To provide for the receipt of adequate revenues to meet the requirements of debt service, operation and maintenance, and the establishment of adequate reserves. No free service or use of the facility will be permitted. 11. To acquire and maintain such insurance coverage including fidelity bonds as may be required by the Government. • 12. To establish and maintain such books and records relating to the operation of the facility and its financial affairs and to provide -for required audit thereof in such a manner as may be required by the Government, to provide the Government without its request, a copy of each such audit, and to make and forward to the Government such additional information and reports as it may from time to time require. 13. To provide the Government at all reasonable times access to all books and records relating to the facility and access to the property of the system so that the Government may ascertain that the association is complying with the provisions hereof and of the instruments incident to the making or insuring of the ioan. 14. To serve any applicant within the service area who desires service and can be feasibly and legally served, and to obtain the concurrence of the Farmers Home Administration prior to refusing service to such applicant. Upon the failure to provide such service which is feasible and legal such applicant shall have a direct right of action against the association under this agreement. The provisions hereof and the provisions of all instruments incident to the making or the insuring of the loan, unless otherwise specifically provided by the terms of such instruments, shall be binding upon the association as long as the bonds are held or insured by the Government. The provisions of sections 6 through 13 hereof may be provided for in more specific detail in the bond resolution or ordinance; to the extent that the provisions contained in such bond resolution or ordinance should be found to be inconsistent with the provisions here, these provisions shall be construed as controlling as between the association and the Governmerit. The vote was: Yeas ------- -------- ; Nays��------- ; Absent CITY COUNCIL IN WITNESS WHEREOF, the -------------- - — --- - - - ------ CITYOFFA_I R H O PE_i___A _LA BA IAA it to be executed by the officers below in duplicate on this ---8 T H day of of the has duly adopted this Resolution and caused O C T O B E R---------------------- - 19 - 7 9 CITY OF FAIRHOPE. ALABAMA (SEAL) By - ---- --------- =----- i----------------------------------------- MAYORAttest' � Ti le ---A-- ----------------------------------------------------------------------------- CI CLERK 1...e1,�------------------------------- ------------------------------------------ A CERTIFICATION CITY CLERK , — I, the undersigned, as --------------------------------------------- of the --------- CITY --------- OF ---------------FAIRHOPE--------------- ALABAMA ---------------- CITY COUNCIL hereby certify that the ------------------ -------------- -------------------------------------------------------------------- of such Association is composed of --------- 5......... members, of whom -------------------- - constituting a quorum, were present at a meeting thereof duly called and held on the ----BTH - -------------- day of --OCTO - ---BER ?9 - ----------------------------- , 19 ------- ; that the foregoing resolution was adopted at such meeting by,the vote shown above; and that said resolution has not been rescinded or amended in any way. ,hated, this ------- ---8TH ---OCTO8ER ---------------- day of -------------------------------------------------------- , 19-79-------- ------------- ------ ` ------------------------ o. s.GPo:1977-0-765-006/1584 6 T Y CLERK Title Exhibit B 106 A. RESOLUTION ADOPTING SERVICE RULES AND REGULATIONS OF CITY OF FAIRHOPE BE IT RESOLVED by the Mayor and City Council of the CITY OF FAIRHOPE, a municipal corporation, hereinafter called "CITY" that the Service Rules and Regulations of the CITY are as follows: I TYPES OF SERVICE (a) The rate schedule set forth below contemplates a single user, such as one family dwelling, one farm dwelling with appur tenances, or one commercial operation, and will not be changed without'41�-4%4 the prior written consent of the Farmers Home Administration. (b) Extraordinary circumstances, such as subdivision exten- sions, multiple swelling units, industrial users shall be governed by special contract agreements made by the CITY. II RATE SCHEDULE For the Service contemplated by Paragraph I(a) above: First 3,000 gallons or less per month $6.50 minimum Next 2,000 gallons per month at 1.50 per 1,000 gal. Next 5,000 gallons per month at 1.25 per 1,000 gal. Next 10,000 gallons per month at 1.00 per 1,000 gal. All over 205,000 gallons per month at'$0.75 per 1,000 gal. III APPLICATION FOR SERVICE (a) The consumer will make application for service, in person at the office of the CITY OF FATRHOPE and at the same time, make the necessary deposits as required. (b) 'Aacash security deposit of $20.00 will be required of all consumers when water service becomes available. IV CHARGES FOR USERS AGREEING TO USE SERVICE (a) Each consumer subscribing to use the service of the CITY on or before the.* day of , 1979 shall pay, a connection fee of $50.00-times the nu-m er of connections desired.,,, (*Date to be date construction starts.) (b) Thereafter, each consumer subscribing to use the service of the CITY shall pay a connection fee of $125.00-times the number of connections desired, or the actual costs of in- stallation, whichever is greater. V MINIMUM CHARGE (a) The minimum charge, as provided in the rate schedule shall be made for each connection subscribed for under provisions of section IV(a) above, and shall be paid for a period of not less than 24 months. 107 (b) Water furnished for a given lot shall be used on that lot only. Each consumer's service must be separately metered at a single delivery and metering point. (c) Except for fire protection, the CITY shall not under anv condition furnish water free of charge to anyone. VI CITY'S RESMISIBILITY XTD LIABILITY (a) The City shall run a service line from its distribution line to the property line where the distribution line exists, or is to be constructed, and runs immediately adjacent and parallel to the property to be served. No service charge, other than the cormection fee referred to in IV above, will r be made for a 5/8" :[ 3/4" meter. A proportionately greater charge will be made for a meter of larger dimension. (b) The CITY may make connections to service other properties not adjacent to its lines tenon payment of reasonable costs for the extensions of its distribution lines as may be'required to render such service. (c) The CITY may install its meter at or near the property line or, at the CITY'S option, on the consumer's property within 3 feet of the property line. (d) The CITY reserves the right to refuse service unless the consumer's lines or piping are installed in such a manner as to prevent cross -connections or backflow. .(e) Under normal conditions, the consumer will be notified of any anti- cipated interruption of service. VII CONSLYER'S RESPONSIBILITY (a) Where meter or meter box is placed on the premises of a consumer, a suitable place shall be provided by the consumer therefor, unobstructed and accessible at all times to the meter reader. (b) The consumer shall furnish and maintain a private cut-off valve on the consumer's side of the meter, the CITY to provide a like valve on its side of such meter. (c) The Consumer's piping and apparatus shall be installed and maintained by the consumer at the consumer's expense, in a safe and efficient manner and in compliance with the CITY'S rules and regulations and in- full compliance with the sanitary regulations of the State Health Department. (d) Water furnished by the CITY shall be used for consumption by the consumer, members of his household, and employees only. The consumer shall not sell water to any other person or permit any other persons) to use said water. ?Jester shall not be used for irrigation, fire protection, nor other purposes, except when water is available in sufficient quantity without interfering with the regular domestic consumption in the area served. Disregard for this rule shall be sufficient cause for refusal or discontinuance of service. 108 VIII ACCESS TO PRQIISES (a) Duly authorized agents of the CITY shall have access, at all reasonable hours, to the premises of the consumer, for the purpose of installing or removing CITY property, inspecting piping, reading and testing meters, or for any other purpose in connection with the CITY service and facilities. (b) Extensions to,the system shall be made only when the consumer shall grant or convey, or shall cause to be granted or conveyed, to the CITY, a permanent easement or right of way across any property traversed by the lines. IX CHANGE OF OCCUPANCY (a) Not less than three days' notice must be given in person or in writing, at the CITY office, to discontinue service or to change occupancy. (b) The outgoing party shall be responsible for all water consumed up to the date of departure or the time specified for departure, whichever period is longest. (c) The new occupant will apply for water service within 48 hours after occupying the premises and failure to do so will make him liable for the water consumed since the last meter reading. X N =_ READING - BILLING - C011ECTING (a) Meters will be read and bills rendered monthly, but the CITY reserves -the right to vary the dates or length of period covered, temporar- ily or permanently if necessary or desirable. (b) Bills for water will be figured in accordance with the CITY'S rate schedule and will be based on the amount consumed for the period covered by the meter readings, except where a consumer orders turn-off less than one r_-onth after turn -on, the r)in:rnm bill to -,uch consumer for such period shall be equal to the minimum. charge for one full month's service. (c) Consumer subscribing for water pursuant to paragraph IV(a) above will commence payment of at least a minimun water bill when water is avail- able, whether or not a meter box is installed. XI COMPLAINTS - AATUST_N=s (a) If the consumer believes his bill to be in error, he shall present his claim, in person, at the office of the CITY before the bill becomes delinquent, such claim, if made after the bill has became delinquent, shall not be effective in preventing discontinuance of service as heretofore pro- vided . The consumer may pay such bill under protest and said payment shall not prejudice his claim. (b) The CITY will make a special meter reading at the request of the consumer for a fee of $ -0- provided, however, that is such special reading discloses that the meter was overread, no charge will be made. In 0 (c) Meters will be tested at the request of the consumer upon payment x to the CITY of the actual cost of making the test, provided, however, that if the meter is found to over -register beyond three(37.) percent of the correct volume, no charge will be made. (d) If the seal of a meter is broken by other than the CITY'S represent- ative or if the meter fails to register correctly or is stopped for any cause, the consumer shall pay an amount estimated from the record of his previous bills and/or from other proper data. ADOPTED THIS THE 8 DAY OF OCT_'OBER, 1979. CITY OF FAMOPE A'M EXHIBIT "C" 110 WATER USERS AGREEMENT BALDWIN COUNTY, ALABAMA) AGREEMENT NO. CITY OF FAIRHOPE ) DATED THIS AGREEMENT, between the CITY OF FAIRHOPE, ALABAMA, a municipal corporation organized and existing under and by virtue of the Laws of the State of Alabama, hereinafter called the "CITY" and the Undersigned Water User, hereinafter called the "Water User". WITNESSETH: That, Whereas, the Water User desires to purchase water for domestic, commercial, agricultural, industrial or other uses, from the CITY and to enter into a Users Agreement as required by the CITY. NOW, THEREFORE, in consideration of the mutual covenants, promises, and agreements herein contained, it is hereby understood and agreed: 1. The CITY shall furnish, subject to the limitations as provided for in the Service Rules and Regulations hereinafter provided for, such quantity of water as the Water User may desire in connection with his occupancy of property located in Baldwin County, Alabama. 2. The Water User shall install and maintain at his own expense a service line which shall begin at a point designated by the CITY at his property line and extend to the dwelling and other portions of his premises. 3. The Water User's service line shall connect with the distribution system of the CITY at the place designated by the CITY, provided the , CITY has determined in advance that the CITY'S Water System is of suffi- cient capacity to permit delivery of water to that point. 4. The Water User shall pay for such water at such rates, time and place as shall be determined by the CITY. S. The Water User shall pay at least a minimum bill for a period of twenty-four (24) months from date water is available even though he may not avail himself of the service. 6. The CITY shall purchase and install a cut-off valve and a water meter, in each service, provided use of water is immediately desired. Such cut-off valve shall be installed either off the Water User's prem- ises, or upon the Water User's property within three feet(31) of the property line. The CITY shall have exclusive right to use -cut-off valve and water meter and to turn it on and off. 7. The CITY shall make the final determination in any questions of location of any service line connection to its distribution system and r shall determine the allocation of water to Water Users in the event of a water shortage 111 8. The CITY may shut off the water of a Water User who allows a connection or extension to be made to his service line for the purpose of supplying water to another user. 9. The failure of a Water User to pay water charges duly imposed shall result in the automatic imposition of the following penalties: A. Nonpayment within ten(10) days from due date will be sub- ject to a penalty of ten percent (100) of the delinquent amount. B. Nonpayment within thirty days (30) from the date due will result in the water being shut off from the Water User's property: 10. In the event it becomes necessary for the CITY to shut off the water from a Water User's property for violation of the Rules and Regu- lations, a fee will be charged for a reconnection of the service (pre- sent rate is $15.00). The foregoing notwithstanding, the CITY reserves the right to make or amend the Rules and Regulations to the CITY from time to time, and the Water User agrees to abide by such changes upon notice -thereof. Receipt of Fifty Dollars($50.00) is hereby acknowledged by the CITY. In the event that for any reason the CITY does not establish and maintain a Water System, Said 'Fifty Dollars.($50.00). will be refunded to the Water User. The Water User understands that a refundable security deposit of Twenty Dollars ($20.00) will be collected upon connection of service, which said Twenty Dollars ($20.00) shall be applicable to any unpaid balance owed by the Water User to the CITY for service rendered and not paid for. THE CITY OF FAIRHOPE, ALABAMA PROPERTY LOCATION BY Authorized Representative Water User DATED MAILING ADDRESS: