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Home My WebLink About04-12-1982 Regular Meeting363 STATE OF ALABAMA COUNTY OF BALDWIN The City Council, City of Fairhope, met in regular session at 5:30 p.m. at the City Administration Building, 387 Fairhope Avenue, Fairhope, Alabama 36532, on Monday, 12 April 1982. Present were Mayor James P. Nix; Councilmembers C.O. Mc Cawley, Trisha Nelson, Roy C. White, and David Ed Bishop; and City Clerk Evelyn Phillips. Absent were Councilmember Sam E. Box and City Attorney Jim Reid. Mr. Barker Stein, of Reid Stein & Smith, sat in for Mr..Reid should legal assistance be needed. Minutes of the 22 March regular session, the 23 March special session, and the 5 April 1982 special session were duly approved. Public Improvement Project Public Hearing, begun at 22 March session, was concluded as follows. Councilman McCawley introduced confirming Resolution No. 32-82. In order to take action at this time, Councilman Bishop moved to suspend the rules. Sec- onded by Councilman McCawley, motion passed unanimously by the following vote: AYE -Bishop, McCawley, Nelson, White, and Nix. NAY - none. Councilman McCawley then moved for the final adoption of Resolution No. 32-82. Seconded by Councilman White, motion passed unanimously by the following vote: AYE -Bishop, McCawley, Nelson, White, and Nix. NAY - none. RESOLUTION NO. 32-82 A RESOLUTION CONFIRMING IMPROVEMENT ORDINANCE NO. 692 ADOPTED 2/22/82 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAIRHOPE AS FOLLOWS: Section 1. That upon evidence presented to and consid- ered by it, the City Council does hereby make a finding and determination of the following facts: (a) At a regular meeting of the City Council -of Fairhope, Alabama, held on the 22 day of February, 1982, Improvement Ordinance No. 692 was adopted and notice of the adoption of said ordinance was given by publication of said ordinance in the EASTERN SHORE COURIER, a newspaper published in and of general circulation in the City of Fairhope in the issues of 4 March 1982 and 11 March 1982, which said Ordinance 4/12/82 364 stated that the City Council of the City of Fairhope Alabama would meet on the 22nd day of March, 1982, at 5:30 p.m. at the City Administration Building, 387 Fairhope Avenue, to hear any objections, remonstrances or protests that might be made against said improvements, the manner of making the same, or the character of the materials to be used. (b) A copy of said Improvement Ordinance No. 692 was sent by certified mail, postage prepaid, to each of the persons last assessing for City taxation the property proposed to be assessed for said improvements, at their last known addresses; said notice having been mailed on the 9th day of March, 1982, more than ten days prior to the 22nd day of March, 1982. (c) That the following protests of persons owning property on: (1) Volanta Avenue - namely Mr. Glen Keene and Mr. James Carpenter,(5281) that they felt 6.90 per foot was too high; and (2) Middle Street - namely Mr. Walter Woodrow, (208') that his side yard was the only residential frontage affect- ed the rest being commercial; have been heard, considered, and disallowed. (d) That no other protests, objections, or remon- strances against said improvements, the manner of making the same, or the character of the materials to be used have been filed in writing with the City Clerk, her office or at this meeting. Section 2. That said Ordinance No. 692, entitled "AN ORDINANCE TO PROVIDE FOR CERTAIN IMPROVEMENTS ON MIDDLE STREET, LINCOLN STREET, VOLANTA AVENUE, FAIRLAND AVENUE, WISTERIA STREET, TWIN ECHO COURT, SOUTHERN RUN, CORTE COURT, ECHO LANE EAST & WEST, AND COMMERCIAL PARK DRIVE (INCLUDING TWO ALLEYS) IN THE CITY OF FAIRHOPE, ALABAMA" is hereby in all things ratified and confirmed. ADOPTED this 12th day of April,1982. I Xj1k@0.A1Z 4/12/82 365 Councilman McCawley moved to authorize Moore Engineering Company to prepare and advertise for bids on the work described in Improvements Ordinance No. 692 so the 1982 Public Improve- ments Project can get underway as soon as possible. Seconded by Councilman Bishop, motion passed unanimously. Councilman Bishop introduced the following Resolution, No. 33-82. In order to take immediate action on this Resolution Councilman White moved to suspend the rules. Seconded by Coun- cilman McCawley, motion passed unanimously by the following vote: AYE -Bishop, White, McCawley, Nelson, and Nix. NAY -none. Councilman Bishop then moved for final adoption of Resolution No. 33-82. Seconded by Councilman McCawley, motion passed unan- imously by the following vote: AYE - Bishop, White, McCawley, Nelson, and Nix. NAY - none. RESOLUTION NO. 33-82 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAIRHOPE as -follows: � 1. A copy of the Bulk Power Supply Services Agreement(the Services Agreement) between the City and the Alabama Municipal Electric Authority(the Authority), considered by the members of the City Council, is hereby ordered inserted in the minutes at which this resolution is adopted at the end of said minutes. 2. The City Council does hereby find and determine that the representations set forth in Section 2.2 of the Service Agree- ment are true and correct, and that it is in the best interest of the City to enter into such Agreement with the Authority. 3. The City Council does hereby adopt and approve the Services Agreement hereinabove referred to, with such changes and addi- tions thereto and deletions therefrom as the Mayor of the City shall approve, which approval shall be conclusively evidenced by his signing the same as hereinafter provided. 4. The Mayor is hereby authorized and directed to sign the Services Agreement in the name and on behalf of the City, and the City Clerk is hereby authorized and directed to affix thereto the official seal of the City and to attest the same. The Mayor is hereby authorized and directed to acknowledge such execution in the form prescribed in said Agreement and to deliver the same to the Authority. S. The officers of the City and each of them are hereby author- ized and directed to take all action necessary or desirable to carry out the provisions of this resolution and the Services Agreement. 6. The provisions of this resolution shall take effect immed- iately upon its adoption. 4/12/82 366 ADOPTED by the City Council of the City of Fairhope, Alabama, on this the 12th day of Apri Ate s ( v City C erk Mayor Nix advised that the next regular meeting would fall on April 26th at which time most all present would be attending the annual Alabama League Convention in Mobile and suggested the regular meeting be delayed to Thursday, April 29th, at the usual time. So moved by Councilman White, seconded by Councilwoman Nelson. Motion passed unanimously. The following bids were opened by the City Purchasing Agent on Friday, April 9th, on two Police cars: Steber Chevrolet $16,640.08 (with trade) Gaston Motor Co. $15,400.00 (with trade) Councilman Bishop moved to accept the low bid, provided all specifications are met. Seconded by Councilman McCawley, motion passed unanimously. Councilman McCawley moved to approve the transfer of a bull- dozer, obtained from Alabama Agency for Federal Property Assis- tance, to the Baldwin County Commissioners as per their request. Seconded by Councilman White, motion passed unanimously. No action was taken in regard to Beach Charges. Mayor Nix asked if there was anything to come before the Council about Mr. Cummings' several requests at the last regular meeting. Councilman White and Councilwoman Nelson both reported visiting the location and could not recommend the 4-way stop requested. No other action was taken. Councilwoman Nelson moved to pay bills as presented. Seconded by Councilman McCawley, motion passed unanimously. Mr. Reynolds asked Council to change the trees placed in front of the Post Office, he felt they were a traffic hazard. 4/12/82 367 Mr. Ack Moore advised Council that one of the contractors Layne -Central of Pensacola, on the waterline extension project, was considerably past their completion date of 2/18/82. Mayor Nix advised that he had given verbal notice to Layne -Central, prior to February 18th, that the liquidation damages clause would be used. Mr. Thad Ingram of Moore Engineering confirmed this., stating that he was present at the time. After some discussion Councilman McCawley moved that a letter be sent confirming the Mayor's verbal notice so that there would be no question but that damages will be assessed when final payment is made. Seconded by Councilwoman Nelson, motion passed unanimously. Meeting was duly adjourne' ity C rk