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HomeMy WebLinkAbout07-25-1988 Regular Meeting951 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. 25 July 1988. Present were Mayor James P. Nix; Councilmembers Roy C. White, Jeanette Puckett, David E. Bishop, Michael A. Ford, and Barney L. Shull; City Attorney James Reid and City Clerk Evelyn Phillips. No one was absent. There being a quorum present, Mayor Nix called the meeting to order. Minutes of the 11 July 1988 regular session were duly approved. Mayor Nix acted as spokesman for himself and all five councilmembers in expressing their deep appreciation for the show of support given by the citizens of Fairhope in unanimously re-electing all of them to new terms beginning in October, 1988. The Mayor and Council pledged to work harder than ever to keep our City financially secure and beautifully pleasing to behold. The following six resolutions (next six pages) were intro- duced and voted upon as follows: Councilman Ford introduced, and moved for the adoption of, Resolution No. 256-88. Seconded by Councilwoman Puckett, motion passed unanimously. Councilman Shull introduced, and moved for the adoption of, Resolution No. 257-88. Seconded by Councilman Ford, motion passed unanimously. Councilman White introduced, and moved for the adoption of, Resolution No. 258-88. Seconded by Councilman Shull, motion passed unanimously. Councilwoman Puckett introduced, and moved for the adoption of, Resolution No. 259-88. Seconded by Councilman Bishop, motion passed unanimously. Councilman Bishop introduced,and moved for the adoption of, Resolution No. 260-88. Seconded by Councilman Shull, motion passed unanimously. Councilman Ford introduced, and moved for the adoption of, Resolution No. 261-88. Seconded by Councilwoman Puckett, motion passed unanimously. 952 RESOLUTION NO.256-88 STATE OF ALABAMA COUNTY OF BALDWIN CITY OF FAIRHOPE WHEREAS, Sections 11-46-20 through 11-46-73 of the Alabama Code of 1975, as amended, provide for and regulate general and special elections in cities and towns of this state, except those cities and towns which have a Commission form of government; and WHEREAS, Section 11-46-43 of the Alabama Code of 1975 prohibits write-in candidates in elections held under Sections 11-46-20 through 11-46-73 of the Alabama Code of 1975, as amended; and WHEREAS, Section 11-46-26 of the Alabama Code of 1975, as amended, provides that if only one person has filed a statement of candi- dacy or has been nominated for an office for an election to be held pursuant to said Alabama code sections at the time the deadline for qualification has passed, then such person shall, for all purposes, be deemed elected to such office, and the Mayor or other chief executive officer shall not cause the name of such person or the office for which his candidacy was declared to be printed on the ballot, but he shall immediately file a written statement with the governing body of the municipality, attested by the Clerk, certifying the fact that only one person filed a statement of candidacy or was nominated for the office preceding the deadline set for an election of municipal officers and setting forth the name of such person; and WHEREAS, said Section 11-46-26, as amended, provides that the governing body of the municipality, after receiving such state- ment, shall adopt a resolution declaring the person named in the statement duly elected to the office described in the statement, and shall issue a Certificate of Election to such person; and WHEREAS, the Mayor of the City of Fairhope has filed a written statement with the governing body of the municipality, attested by the Clerk, certifying the fact that only one person filed a statement of candidacy for the Office of: MAYOR prior to t e ea ine esta 11c e in the notice o e ection an that the name of that person who filed such statement was:. JAMES P. (JIM) NIX NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Fairhope that JAMES P. (JIM) NIX be and he is hereby declared duly elected to the Office of MAYOR in the City of Fairhope for the term of office commencing on the first Monday in October, 1988; and BE IT FURTHER RESOLVED, that the Mayor of the City of Fairhope be and he hereby is directed to issue a Certificate of Election to:. JAMES P. (JIM) NIX for the Office of: MAYOR for such term pursuant to the provisions of Section 11-46-25, as amended. ADOPTED THIS 25th DAY OF JULY, 1988. i layor ATTEST: City Cl r c 953 RESOLUTION NO. 257-88 STATE OF ALABAMA COUNTY OF BALDWIN CITY OF FAIRHOPE WHEREAS, Sections 11-46-20 through 11-46-73 of the Alabama Code of 1975, as amended, provide for and regulate general and special elections in cities and towns of this state, except those cities and towns which have a Commission form of government; and WHEREAS, Section 11-46-43 of the Alabama Code of 1975 prohibits write-in candidates in elections held under Sections 11-46-20 through 11-46-73 of the Alabama Code of 1975, as amended; and WIIEI:EAS, Section 11-46-26 of the Alabama Code of 1975, as amended, provides that if only one person has filed a statement of candi- dacy or has been nominated for an office for an election to be held pursuant to said Alabama code sections -at the time the deadline for qualification has passed, then such person shall, for all purposes, be deemed elected to such office, and the Mayor or other chief executive officer shall not cause the name of such person or the office for which his candidacy was declared to be printed on the ballot, but he shall immediately file a written statement with the governing body of the municipality, attested by the Clerk, certifying the fact that only one person filed a statement of candidacy or was nominated for the office preceding the deadline set for an election of municipal officers and setting forth the name of such person; and WHEREAS, said Section 11-46-26, as amended, provides that the governing body of the municipality, after receiving such state- ment, shall adopt a resolution declaring the person named in the statement duly elected to the office described in the statement, and shall issue a Certificate of Election to such person; and WHEREAS, the Mayor of the City of Fairhope has filed a written statement with the governing body of the municipality, attested by the Clerk, certifying the fact that only one person filed a statement of candidacy for the Office of: COUNCIL PLACE #1 prior to the deadline esta ibF5Ea in t e notice o election an that the name of that person who filed such statement was: DAVID ED BISHOP NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Fairhope that DAVID Fn BTL%40R be and he is hereby declared duly elected to the Office of COUNCIL PLACE #1 in the City of Fairhope for the term of office commencing on the first Monday in October, 1988; and BE IT FURTHER RLSOLVED, that the Mayor of the City of Fairhope be and he hereby is directed to issue a Certificate of Election to:. DAVID ED BISHOP for the Office of: COUNCIL PLACE #1 for such term pursuant to the provisions of Section 11-46-25, as amended. ADOPTED TilIS 25th DAY OF JULY, 1988. or ATTEST: ity C1 r 4 RESOLUTION NO. 258-88 �6*1 * STATE OF ALABAMA COUNTY OF BALDWIN CITY OF FAIRHOPE WHEREAS, Sections 11-46-20 through 11-46-73 of the Alabama Code of 1975, as amended, provide for and regulate general and special elections in cities and towns of this state, except those cities and towns which have a Commission form of government; and WHEREAS, Section 11-46-43 of the Alabama Code of 1975 prohibits write-in candidates in elections held under Sections 11-46-20 through 11-46-73 of the Alabama Code of 1975, as amended; and WHEREAS, Section 11-46-26 of the Alabama Code of 1975, as amended, provides that if only one person has filed a statement of candi- dacy or has been nominated for an office for an election to be held pursuant to said Alabama code sections -at the time the deadline for qualification has passed, then such person shall, for all purposes, be deemed elected to such office, and the Mayor or other chief executive officer shall not cause the name of such person or the office for which his candidacy was declared to be printed on the ballot, but he shall immediately file a written statement with the governing body of the municipality, attested by the Clerk, certifying the fact that only one person filed a statement of candidacy or was nominated for the office preceding the deadline set for an election of municipal officers and setting forth the name of such person; and WHEREAS, said Section 11-46-26, as amended, provides that the governing body of the municipality, after receiving such state- ment, shall adopt a resolution declaring the person named in the statement duly elected to the office described in the statement; and shall issue a Certificate of Election to such person; and WHEREAS, the Mayor of the City of Fairhope has filed a written statement with the governing body of the municipality, attested by the Clerk, certifying the fact that only one person filed a statement of candidacy for the Office of: COUNCIL PLACE #2 prior to the deaciline esta is a in t e notice o e ection an that the name of that person who filed such statement was:. JEANETTE PUCKETT NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Fairhope that JEANETTE PUCKETT be and she is hereby declared duly elected to the Office of COUNCIL'PLACE'#2 in the City of Fairhope for the term of office commencing on the first Monday in October, 1988; and BE IT FURTHER RESOLVED, that the Mayor of the City of Fairhope be and he hereby is directed to issue a Certificate of Election to: JEANETTE PUCKETT for the Office of: COUNCIL PLACE #2 for such term pursuant to the provisions of Section 11-46-25, as amended. ADOPTED THIS 25th DAY OF JULY, 1988. ATTEST: wrille ity 4 RESOLUTION NO. 259-88 955 STATE OF ALABAMA COUNTY OF BALDWIN CITY OF FAIRHOPE WHEREAS, Sections 11-46-20 through 11-46-73 of the Alabama Code of 1975, as amended, provide for and regulate general and special elections in cities and towns of this state, except those cities and towns which have a Commission form of government; and WHEREAS, Section 11-46-43 of the Alabama Code of 1975 prohibits write-in candidates in elections held under Sections 11-46-20 through 11-46-73 of the Alabama Code of 1975, as amended; and WHEREAS, Section 11-46-26 of the Alabama Code of 1975, as amended, provides that if only one person has filed a statement of candi- dacy or has been nominated for an office for an election to be held pursuant to said Alabama code sections -at the time the deadline for qualification has passed, then such person shall, for all purposes, be deemed elected to such office, and the Mayor or other chief executive officer shall not cause the name of such person or the office for which his candidacy was declared to be printed on the ballot, but he shall immediately file a written statement with the governing body of the municipality, attested by the Clerk, certifying the fact that only one person filed a statement of candidacy or was nominated for the office preceding the deadline set for an election of municipal officers and setting forth the name of such person; and WHEREAS, said Section 11-46-26, as amended, provides that the governing body of the municipality, after receiving such state- ment, shall adopt a resolution declaring the person named in the statement duly elected to the office described in the statement, and shall issue a Certificate of Election to such person; and WHEREAS, the Mayor of the City of Fairhope has filed a written statement with the governing body of the municipality, attested by the Clerk, certifying the fact that only one person filed a statement of candidacy for the Office of: COUNCIL PLACE N3 prior to the dea ine esta is a in t e notice of election an that the name of that person who filed such statement was:. ROY C. WHITE NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Fairhope that ROY C. WHITE be and he is hereby declared duly elected to the Office of COUNCIL PF.#3 in the City of Fairhope for the term of office commencing on the first Monday in October, 1988; and BE IT FURTHER RESOLVED, that the Mayor of the City of Fairhope be and he hereby is directed to issue a Certificate of Election to: ROY C. WHITE for the Office of: COUNCIL PLACE #3 for such term pursuant to the provisions of Section 11-46-25, as amended. ADOPTED THIS 25th DAY OF JULY, 1988. or ATT'ST: _ ity 1 r 956 RESOLUTION NO. 260-88 STATE OF ALABAMA COUNTY OF BALDWIN CITY OF FAIRHOPE WHEREAS, Sections 11-46-20 through 11-46-73 of the Alabama Code of 1975, as amended, provide for and regulate general and special; elections in cities and towns of this state, except those cities and towns which have a Commission form of government; and WHEREAS, Section 11-46-43 of the Alabama Code of 1975 prohibits write-in candidates in elections held under Sections 11-46-20 through 11-46-73 of the Alabama Code of 1975, as amended; and WHEREAS, Section 11-46-26 of the Alabama Code of 1975, as amended, provides that if only one person has filed a statement of candi- dacy or has been nominated for an office for an election to be held pursuant to said Alabama code sections at the time the deadline for qualification has passed, then such person shall, for all purposes, be deemed elected to such office, and the Mayor or other chief executive officer shall not cause the name of such person or the office for which his candidacy was declared, to be printed on the ballot, but he shall immediately file a written statement with the governing body of the municipality, attested by the Clerk, certifying the fact that only one person filed a statement of candidacy or was nominated for the office preceding the deadline set for an election of municipal officers and setting forth the name of such person; and WHEREAS, said Section 11-46-26, as amended, provides that the governing body of the municipality, after receiving such state- ment, shall adopt a resolution declaring the person named in the statement duly elected to the office described in the statement, and shall issue a Certificate of Election to such person; and WHEREAS, the Mayor of the City of Fairhope has filed a written statement with the governing body of the municipality, attested by the Clerk, certifying the fact that only one person filed a statement of candidacy for the Office of: COUNCIL PLACE #4 prior to the deadline esta lis a in t e notice o e ection an that the name of that person who filed such statement was:. MICHAEL A (MIKE) FORD NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Fairhope that MICHAEL A. (MIKE) FORD be and he is hereby declared duly elected to the Office of COUNCIL PLACE#4 in the City of Fairhope for the term of office commencing on the first Monday in October, 1988; and BE IT FURTHER RESOLVED, that the Mayor of the City of Fairhope be and he hereby is directed to issue a Certificate of Election to: MICHAEL A. (MIKE) FORD for the Office of: COUNCIL PLACE #4 for such term pursuant to the provisions of Section 11-46-25, as amended. ADOPTED THIS 25th DAY OF JULY, 1988. iayo AT EST: City 1 c RESOLUTION NO. 261-88 957 STATE OF ALABAMA COUNTY OF BALDWIN CITY OF FAIRHOPE WHEREAS, Sections 11-46-20 through 11-46-73 of the Alabama Code of 1975, as amended, provide for and regulate general and special elections in cities and towns of this state, except those cities and towns which have a Commission form of government; and WHEREAS, Section 11-46-43 of the Alabama Code of 1975 prohibits write-in candidates in elections held under Sections 11-46-20 through 11-46-73 of the Alabama Code of 1975, as amended; and WHEREAS, Section 11-46-26 of the Alabama Code of 1975, as amended, provides that if only one person has filed a statement of candi- dacy or has been nominated for an office for an election to be held pursuant to said Alabama code sections at the time the deadline for qualification has passed, then such person shall, for all purposes, be deemed elected to such office, and the Mayor or other chief executive officer shall not cause the name of such person or the office for which his candidacy was declared to be printed on the ballot, but he shall immediately file a written statement with the governing body of the municipality, attested by the Clerk, certifying the fact that only one person filed a statement of candidacy or was nominated for the office preceding the deadline set for an election of municipal officers and setting forth the name of such person; and WHEREAS, said Section 11-46-26, as amended, provides that the governing body of the municipality, after receiving such state- ment, shall adopt a resolution declaring the person named in the statement duly elected to the office described in the statement, , and shall issue a Certificate of Election to such person; and WHEREAS, the Mayor of the City of Fairhope has filed a written statement with the governing body of the municipality, attested by the Clerk, certifying the fact that only one person filed a statement of candidacy for the COUNCIL PLACE ice of: tthatrthe name of that personlwho filed suchtstatementewas:. an BARNEY L. SHULL NOW, THEREFORE, BE IT RESOLVED by the City Council of the City Of Fairhope that BARNERT be and he hereby declared duly elected to the Office of QQUNCjr FACE L5 in the City of Fairhope for the term of office commencing on the first Monday in October, 1988; and BE IT FURTHER RESOLVED, that the Mayor of the City of Fairhope be and he hereby is directed to issue a Certificate of Election to: BARNEY L. SHULL for the Office of: COUNCIL PLACE #5 for such term pursuant to the provisions of Section 11-46-25, as amended. ADOPTED THIS 25th DAY OF JULY, 1988. or ATTEST: City C r 25 July 1988 958 Council reviewed a Beer On/Off Premises License application by John N. Hilliard, dba JOHN'S FAMILY RESTAURANT, located on the corner of Greeno Road and Fairhope Avenue. No one present was opposed to the license. There was police approval. Councilman White moved to approve the license. Seconded by Councilman Shull, motion passed unanimously. Council reviewed an application for a Beer On/Off Premises License and for a Wine On/Off Premises License by Robert R. Renz, dba THE WINE MERCHANT, located in Plantation Pointe Shopping Center. No one present was opposed to the licenses. There was police approval. Councilwoman Puckett moved to approve both licenses. Seconded by Councilman Ford, motion passed unanimously. Council discussed leasing the old Library Building at 10 North. Summit Street to the University of South Alabama. Lease is to be effective 1 June 19883, for a term of five years, with a rental rate to equal tax payable each year to the Fairhope Single Tax Corporation (currently $462.44), payable in advance. Councilman Shull moved for approval of the lease, and introduced Ordinance No. 810 to authorize the lease. In order to take immediate action, Councilman Bishop moved to suspend the rules. Seconded by Councilman Shull, motion to suspend passed by the following unanimous vote: AYE - White, Puckett, Nix, Bishop, Ford, and Shull. NAY - none. Councilman Shull then moved for the adoption of Ordinance No. 810. Seconded by Councilman Bishop, motion to adopt passed unanimously by the following vote: AYE - White, Puckett, Nix, Bishop, Ford, and Shull. NAY - none. Mayor Nix announced that Governor Hunt has approved a State of Alabama Site -Assistance Grant from ADECA in the amount of $200,000 to lay a sewer line and construct a road on the Rhor Industries project. Councilman Shull moved to authorize the Mayor to contract for engineering services and to take bids on materials as needed. Seconded by Councilman Ford, motion passed unanimously. Councilman White moved to hear the following business not on the Agenda. Seconded by Councilman Shull, motion passed unanimously: Councilman Bishop moved to authorize the Mayor to file a Pre -Application for an ADEM grant to upgrade the existing wastewater treatment plant, the interceptor (sewer) lines along Fairhope Avenue, and the outfall line. Seconded by Councilwoman Puckett, motion passed unanimously. Mr. Charles Cummings said he wanted to congratulate the Mayor and Council on their unanimous re-election and to express his appreciation to Mr. Shull for his help in solving the late - night ballgames problem at a recent Recreation Board meeting. Meeting was duly adjourned at 5:51 P.M. City C1 �, Mayor