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HomeMy WebLinkAbout04-14-1986 Regular Meeting738 STATE OF ALABAMA X COUNTY OF BALDWIN X The City Council, City of Fairhope, met in regular session at 5:30, p.m., Fairhope Municipal Complex Council Chamber, 161 North Section Street, Fairhope, Alabama 36532, on Monday, 14 April 1986. Present were Mayor James P. Nix; Councilmembers Roy C. White, David E. Bishop, Michael A. Ford, and Barney L. Shull; City Attorney James Reid and City Clerk Evelyn Phillips. Councilwoman Trisha Lo Porto was absent. There being a quorum present, Mayor Nix called the meeting to order. Minutes of the 24 March 1986 regular session were duly approved. Councilman Shull introduced, and moved for the adoption of, the following resolution. Seconded by Councilman Ford, motion passed unanimously: RESOLUTION NO. 184-86 WHEREAS, there is additional administrative work needed for the Community Development Block Grant Program funded in 1984; and WHEREAS, there are sufficient funds in the administrative budget to provide this service; NOW, THEREFORE BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE that the contract between the City and .Community Consultants, Inc., be amended under Article V., Paragraph B, Section 1 and S to read: 1. The Administration cost will be billed at a rate of $916.68 per month for a period of an additional six (6) months and S. For services called for in Article II, Paragraph B, shall not exceed a total of twenty-one thou- sand, five hundred dollars ($21,500.00). ADOPTED THIS 14th DAY OF APRIL, 1986. OAas P. Nix, Mayor City C erk 14 April 1986 739 Councilman Bishop introduced the following resolution in writing: RESOLUTION NO. 185-86 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAIRHOPE (the "City") as follows: 1. A copy of the Supplemental Power Sales Contract (the "Supplemental Contract") between the City and Alabama Municipal Electric Authority (the "Authority") considered by the members of the City Council of the City is hereby ordered inserted in the minutes of the meeting at which this Resolution is adopted at the end thereof. 2. The City Council does hereby find and determine that it is in the best interest of the City to enter into the Supplemental Contract with the Authority. 3. The City Council does hereby adopt and approve the Supplemental Contract. 4. The Mayor is hereby authorized and directed to sign the Supplemental Contract 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 execution of the Supplemental Contract in the form prescribed therein and to deliver the Supplemental Contract to the Authority. S. The officers of the City and each of them are hereby authorized and directed to take all action necessary or desirable to carry out the provisions of this Resolution and the Supplemental Contract. 6. The provisions of this Resolution shall take effect immediately upon its adoption. ADOPTED by the City Council, City of Fairhope, Alabama, on this 14th day of April, 1986. f e P. Nix, Mayor O City Cl#rk Councilman Shull moved that all rules and regulations which, unless suspended, would prevent the immediate consideration and adoption of the foregoing resolution be suspended and that unanimous consent to the immediate consideration of the resolution be given. Seconded by Councilman Bishop, motion passed unanimously by the following vote: AYES - Nix, White, Bishop, Ford, and Shull. NAYS - none. 14 April 1986 740 After the resolution had been considered and discussed in full by the City Council, Councilman Bishop moved that the Resolution be adopted as written. Seconded by Councilman Ford, motion passed unanimously by the following vote: AYES - Nix, White, Bishop, Ford, and Shull. NAYS - none. Councilman White moved to .approve an expense allowance of up to $600.00 per man for the Fire College. Seconded by Councilman Shull, motion passed unanimously. Bids on.a radio system for the Police Department were opened by the Purchasing Department on Friday, April 11th, as advertised. Bids were received from the following ven- dors: Audio Visual; Theodore, Al Pioneer Communications; Mobile, Al General Electric; Birmingham, Al Motorola; Mobile, Al No bid met specifications so it is recommended that all bids be rejected. So moved by Councilman Bishop. Seconded by Councilman Shull, motion passed unanimously. Councilman White moved to re -appoint A. I. Baumann to the Library Board for a 5-year term beginning May 1st. Seconded by Councilman Shull, motion passed unanimously. Mayor Nix and Council thanked the Kiwanis Club for their project to place 20 benches in City Parks, 5 of which are already in place. The Mayor also announced that the Animal Control Officer is now doing double duty --as the Litter Con- trol Officer --in the City's fight against litter. The officer will warn citizens who place trash on the streets for pick up without securing the trash from being scattered. After repeated warnings, the citizens may be summoned before City Court and fined up to $500.00. Mr. Joe Osterberger, Paddock Drive, complained to Council about people riding bikes on sidewalks in his area. He was advised that the City ordinance against this practice applied only to those sidewalks in the city limits. Councilman Shull moved to pay bills as presented. Seconded by Councilman Ford, motion passed unanimously. Meeting was duly adjourned. ♦/U Jam s P. Nix, Mayor /" 1 SUPPLEMENTAL POWER SALES CONTRACT between ALABAMA MUNICIPAL ELECTRIC AUTHORITY and CITY OF FAIRHOPE SUPPLEMENTAL POWER SALES CONTRACT between ALABAMA MUNICIPAL ELECTRIC AUTHORITY and CITY OF FAIRHOPE TABLE OF CONTENTS Section Page 1 Definitions 3 2 Consent to Change in Provider of Bulk Electric Power and Energy 3 3 Reaffirmance of Power Sales Contract 3 4 Construction 3 (This is the end of Table of Contents.) 13 THIS SUPPLEMENTAL POWER SALES CONTRACT (hereinafter referred to as the "Supplemental Contract") is made in Mont- gomery, Alabama, between ALA BAMA MUNICIPAL ELECTRIC AUTHORITY, a public corporation of the State of Alabama, organized and existing under the laws of the State of Alabama (the "Au- thority"), and the CITY OF FAIRHOPE, a municipal corporation of the State of Alabama and a member of the Authority ("the Member"). W I T N E S S E T H: WHEREAS, the Authority was organized under Act No. 81-681, enacted at the 1981 Regular Session of the Legislature of Alabama, now codified as Sections 11-50A-1 et seq., Code of Alabama 1975, as amended ("the Act"), to provide a means of securing an adequate, dependable and economical supply of bulk electric power and energy for those Alabama municipalities (as defined in the Act) which become members of the Authority; and WHEREAS, in order to secure an adequate, dependable and economical supply of bulk electric power and energy for the Member and those other members of the Authority that are, or hereafter become, a party to a power sales contract with the Authority ("the Participating Members"), the Authority, the Member and the other Participating Members have determined that the Authority will sell to the Member and the other Par- ticipating Members, and the Member and the other Participating Members will purchase from the Authority, capacity, energy, transmission and other services; and WHEREAS, the Member executed a Power Sales Contract with the Authority dated as of December 1, 1985 ("the Power Sales Contract"), pursuant to which the Member agreed to pur- chase from the Authority capacity, energy, transmission and other services on the terms and conditions set forth therein; and WHEREAS, the Authority had initially intended to acquire bulk electric power and energy and transmission ser- vices and other services for sale to the Member and to the other Participating Members by, among other things, entering into a proposed firm power purchase contract with Big Rivers Electric Corporation, an electric generation and transmission cooperative organized under the laws of the Commonwealth of Kentucky ("Big Rivers"), which contract has been heretofore terminated and rescinded by the Authority pursuant to the terms thereof; and WHEREAS, the Authority, subsequent to the termina- tion and rescission of the proposed firm power purchase contract with Big Rivers, and in order to provide for the performance of the Authority's obligations under the Power Sales Contract and the Authority's power sales contracts with the other Participating Members, entered into a firm power purchase contract with Alabama Power Company (APCO), the terms of which contract are, in the opinion of the Authority, more beneficial to the Authority and the Participating Members than the benefits that would have accrued to the Authority and the Member and other Participating Members under the terms of the proposed firm power purchase contract with Big Rivers; and WHEREAS, the firm power purchase contract with APCO will provide, among other things, for (i) the prepayment by the Authority for capacity in a specified amount from APCO's electric system from the "Service Commencement Date" as de- fined in the Power Sales Contract through the term of the firm power purchase contract with APCO, and (ii) the payment on an on -going basis of certain expenses and for energy delivered from the said Service Commencement Date through the term of the contract; - 2 - V NOW, THEREFORE, for and in consideration of the premises and the mutual covenants and agreements herein con- tained, it is agreed by and between the parties hereto as fol- lows: Section 1. Definitions. The words and phrases that are defined in Section 1 of the Power Sales Contract and used in this Supplemental Con- tract shall be given in this Supplemental Contract the same meanings as assigned to them in Section 1 of the Power Sales Contract. Section 2. Consent to Change in Provider of Bulk Electric Power and Energy. The Member recognizes, approves and consents to the Authority's obtaining from APCO that portion of its Power Supply Resources that it was contemplated in the Power Sales Contract would be obtained from Big Rivers pursuant to the firm power purchase contract with Big Rivers mentioned in the Power Sales Contract. Section 3. Reaffirmance of Power Sales Contract. The Member hereby reaffirms and approves in all re- spects the Power Sales Contract previously executed by the Member except and to the extent the Power Sales Contract is changed by this Supplemental Contract. Section 4. Construction Section headings and the table of contents hereof have been inserted in this Supplemental Contract as a matter of convenience of reference only, and it is agreed that the section headings and the table of contents are not a part of 3 - P this Supplemental Contract and will not be used in the inter- pretation of any of the provisions of this Supplemental Con- tract. IN WITNESS WHEREOF, the Authority and the City of Fairhope have caused this Supplemental Contract to be executed in their respective names, have caused their respective seals to be hereunto affixed and attested, all by their duly authorized officers, in six (6) counterparts, each of which shall be deemed an original, and have caused this Supplemental Contract to be dated for convenience as of March 28, 1986, although actually executed by the Authority on Z 1986, and actually executed by the Member on �, 1986. (SEAL) Attest: By: Q..,��s� &)-�-,C_-_ - , Vts Secretary (SEAL) AtteC*- ALABAMA MUNICIPAL ELECTRIC AUTHORITY By: ti Its C ai CITY OF FAIRHOPE, ALABAMA By: 4 4 I s -9-ft 4 -