HomeMy WebLinkAbout09-26-1994 Regular Meeting1597
STATE OF ALABAMA
COUNTY OF BALDWIN
The City Council, City of Fairhope, met in regular session
at 5:30 pm; Fairhope Municipal Complex Council Chamber;
161 North Section Street; Fairhope, Alabama 36532; on
Monday, 26 September 1994.
Present were Mayor James P. Nix; Councilmembers John V. Duck,
Michael A. Ford, David E. Bishop, Jeanette Puckett, and Layton
Overstreet; City Attorney Marion E. Wynne and City Clerk Evelyn
Phillips. No one was absent.
There being a quorum present, Mayor Nix called the meeting
to order. Minutes of the 12 September 1994 regular session
were duly approved.
Councilman Overstreet introduced in writing, and moved for
the adoption of, the following resolution. Seconded by Council-
man Ford, motion passed unanimously:
RESOLUTION NO. 459-94
BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF
FAIRHOPE, ALABAMA, that the Agreement between the
CITY and RIVIERA UTILITIES, Western Division (Daphne),
which allows Riviera Utilities to use the upper five
(5) feet of the City's forty-six (46) concrete utility
poles on Greeno Road, at an annual rental fee of
$9.25 per pole, is hereby renewed for one year (10 Sep-
tember 1994 to 10 September 1995) at the same rate.
It is agreed and understood that this Agreement does
not constitute a franchise or license to Riviera
Utilities, and the Agreement is to be renegotiated
each year.
ADOPTED THIS 26TH DAY OF SEPTEMBER, 1994.
Attest Jame P. Nix, Mayor
City Verk
26 September 1994
1598
Councilman Bishop introduced in writing, and moved for
the adoption of, the following resolution. Seconded by
Councilwoman Puckett, motion passed unanimously:
RESOLUTION NO. 460-94
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FAIRHOPE, ALABAMA, as follows:
WHEREAS, on advice of legal counsel in certain liti-
gation proceedings, the Council has determined that
it is in the public interest to hold in abeyance all
Ordinances annexing territory to the City pending the
settlement or final adjudication of said litigation; and
WHEREAS, certain parties have, in good faith, previously
committed themselves to annexation petitions; and
WHEREAS, such parties may now or hereafter submit a
Conditional Petition for Annexation as an irrevocable
request for future annexation; and
WHEREAS, such parties shall agree to pay to the City
of Fairhope a sum of money annually, such sum equal to
15 mills assessed to properties in the City and in like
manner; and
WHEREAS, such parties agree that such Conditional Peti-
tions for Annexation shall be binding upon themselves,
their heirs, successors and assigns and shall run with
and as a covenant to the lands described in the
Petition; and
WHEREAS, it is wise, expedient and necessary that the
City honor its previous commitments to petitioners; NOW
THEREFORE, BE IT RESOLVED that Mayor James P. Nix be
and hereby is authorized to accent from qualified peti-
tioners such Conditional Petitions for Annexation as
meet the guidelines herein, to hold the same in
abeyance and, upon resolution of the said litigation,
to cause an Ordinance to be presented to this Council
providing for the Annexation of lands previously so
petitioned.
ADOPTED THIS 26TH DAY OF SEPTEMBER, 1994.
Attest Ja es P. Nix, Mayo
26 September 1994 1599
Council made the following appointments:
Councilman Ford nominated Cindy McBrearty and Max Killoch
for reappointment, each for a 6-year term, to the Planning and
Zoning Commission. There being no other nominations, Council-
man Duck moved to close the nominations and to reappoint
McBrearty & Killoch by acclamation. Seconded by Councilman
Bishop, motion passed unanimously.
Councilwoman Puckett nominated Joyce Stowe and Ray Dominey
for reappointment, each for a 3-year term, to the Park and Tree
Committee. There being no other nominations, Councilwoman
Puckett moved to close the nominations and to reappoint Stowe
and Dominey by acclamation. Seconded Councilman Overstreet,
motion passed unanimously.
Councilman Duck nominated Charlie Langham for reappoint-
ment, for a 5-year term, to the Recreation Board. There being
no other nominations, Councilman Ford moved to close the
nominations and to reappoint Langham by acclamation. Seconded
by Councilman Bishop, motion passed unanimously.
Councilwoman Puckett nominated Andy Huggins and Khim Vera,
each for a 2-year term, for reappointment to the Airport Board.
There being no other nominations, Councilman Duck moved to
close the nominations and to reappoint Huggins and Vera by
acclamation. Seconded by Councilwoman Puckett, motion
passed unanimously.
Councilman Bishop nominated Layton Overstreet for re-
appointment, for a 2-year term , to the Harbor Board. There
being no other nominations, Councilman Duck moved to close the
nominations and to reappoint Overstreet by acclamation.
Seconded by Councilman Ford, motion passed unanimously.
Council did not take action on the bids for the improve-
ments at the Airport since this action is subject to the
receipt of an FAA grant ..... not yet received.
Meeting was duly adjourned at 5:45 pm.
amesIP. Nix, Mayor
City Cle k