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HomeMy WebLinkAbout03-12-1981 Special MeetingSTATE OF ALABAMA X COUNTY OF BALDWIN X We, the undersigned members of the Fairhope City Council, do hereby waive notice of a special called meeting to be held 12 March 1981 at 5:00 pm, City Administration Building, 387 Fairhope Avenue, Fairhope, Alabama, for the purpose of discussing a building permit for First National Bank of Baldwin County; and the Fairhope Health Care Center, Inc., unpaid utilities matter. 0 Chairman pro tempore Councilmember _ F! Councilmember Councilmember 265 STATE OF ALABAMA X COUNTY OF BALDWIN X The City Council, City of Fairhope, met in special session at 5:00 pm, City Administration Building, 387 Fairhope Avenue, Fairhope, Alabama 36532, on Thursday, 12 March 1981. Present were Councilmembers Sam E. Box, C. 0. McCawley, Trisha Nelson, Roy C. White, and David Ed Bishop; City Clerk Evelyn Phillips; City Superintendent Phil Rutherford, Building Official Bob Lunsford, and Gas Department Superintendent Gene Fuqua; Attorney Ron Kopesky attended in the absence of City Attorney John Duck; and Mr. John Beasley representating the First National Bank of Baldwin County. The purpose of this meeting was to discuss First National Bank's request for a building permit, and to discuss the unpaid utility bill owed by Fairhope Health' Care Center, Inc. Chairman pro tempore Sam E. Box presided in the absence of the Mayor. Mr. Beasley outlined the Bank's construction plans. Mr. Lunsford explained his reasons for denying a building permit due to the location of the City's Gas Regulator Station. After much discussion, Councilman Roy C. White made the following motion: I move we authorize the Building Official to issue a limited Building Permit to the First National Bank for their proposed construction at their location on Section Street allowing no construction work closer than 10 feet to the Gas Regulator Station; provided the City receives an indemnification and hold harmless agreement from the Contractor, any Sub - Contractors, and First National Bank; and Certificates of proper Insurances; against acts of carelessness, poor or improper workmanship or negligence leading to harmful acts by employees or others; and further provided the First National Bank agrees to pay 9/20 of the costs to relocate subject Gas Regulator Station upon bid acceptance. Seconded by Councilman McCawley, motion passed unanimously. Councilman Bishop moved to authorize the Gas Department to request bids on the relocation of the Gas Regulator Station. Seconded by Councilwoman Nelson, motion passed unanimously. Attorney Kopesky reported the status of all lawsuits relative to the Fairhope Health Care Center. He advised Council not to take the action (cut off of all utilities) proposed at the February 9th regular session, presented a check in the amount of $20,000 and advised there was a good chance of receiving additional funds against the unpaid balance at a later date. (12 March 1981) 266 After much discussion, Councilwoman Nelson moved to accept the $20,000 as partial payment against the $26,911.12 owed on the 28 February Billing Date and to amend the lawsuit for the balance due plus the Attorney's fee and interest. Seconded by Councilman McCawley, motion passed unanimously. Councilman Bishop moved to accept required -Deposits (as per present Ordinances) from the new owners of the facility. Seconded by Councilman McCawley, motion passed by the following vote: AYE -Bishop, McCawley, White, and Nelson. NAY - none. ABSTAIN - Box. Meeting was duly adjourned. rman pro tempore