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