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Home My WebLink About06-10-1996 Regular Meeting1783 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; 16 1 NORTH SECTION STREET; FAIRHOPE, ALABAMA 36532; ON MONDAY, 10 JUNE 1995. PRESENT WERE MAYOR JAMES P. Nix; COUNCILMEMBERS JOHN V. DUCK, MICHAEL A. FORD, DAVID E. BISHOP, AND LAYTON OVERSTREET; CITY ATTORNEY MARION E. WYNNE AND CITY CLERK EVELYN P. PHILLIPS. COUNCILWOMAN JEANETTE PUCKETT WAS ABSENT. THERE BEING A QUORUM PRESENT, MAYOR Nix CALLED THE MEETING TO ORDER. MINUTES OF THE 28 MAY 1 996 REGULAR SESSION WERE DULY APPROVED. COUNCILMAN DUCK INTRODUCED IN WRITING, AND MOVED FOR THE ADOPTION OF, THE FOLLOWING RESOLUTION. SECONDED BY COUNCILMAN OVERSTREET, MOTION PASSED UNANIMOUSLY: � Q RESOLUTION NO. � WHEREAS, the Owners of D'Estrehan Subdivision are desirous of having the streets and the utilities therein accepted for maintenance by the City Council in order that building permits may lawfully issue, and; WHEREAS, the General Superintendent of the City represents that the physical improvements in the nature of streets, drainage and utilities have been installed in substantial conformity with City requirements, and; WHEREAS, the City has received Engineer's Certified As - built Plans, test reports and lateral locations substantially as required by Chapter 19 of the Code of Ordinances, and; WHEREAS, the owners of D'Estrehan Subdivision have provided the City Clerk a bond for maintenance as required by the City's code and ordinnaces, and; WHEREAS, the Plat of said D'Estrehan Subdivision which has been recorded in the Probate Records of Baldwin County, Alabama at Slide No. 1649-B. delineates thereon the subject streets therein as public ways; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAIRHOPE, ALABAMA that the said streets and the utilities within said D'Estrehan Subdivision be and the same hereby are accepted for public maintenance subject to the bond posted. This resolution of acceptance shall not obligate the City of Fairhope to maintain any utility or drainage facilities outside the limits of the right-of-way of the public street, whether or not such may be located within dedicated easements. Further, the adoption of this resolution by the Council neither obligates the City for maintenance of Boothe Road nor does it imply warranty of accessibility via Boothe Road to other streets herein accepted. ADOPTED this the 10th day of June 1996. i ATTEST: J J mes P. Nix, ayor / Evelyn . Phillips, City Jerk 10 JUNE 1 996 1784 COUNCILMAN FORD INTRODUCED IN WRITING, AND MOVED FOR THE ADOPTION OF, THE FOLLOWING RESOLUTION. SECONDED BY COUNCILMAN BISHOP, MOTION PASSED UNANIMOUSLY: RESOLUTION NO 6-1 WHEREAS, the Owners of SpringRun Place Subdivision are desirous of having the streets and the utilities therein accepted for maintenance by the City Council in order that building permits may lawfully issue, and; WHEREAS, the General Superintendent of the City represents that the physical improvements in the nature of streets, drainage and utilities have been installed in substantial conformity with City requirements, and; WHEREAS, the City has received Engineer's Certified As - built Plans, test reports and lateral locations substantially as required by Chapter 19 of the Code of Ordinances, and; WHEREAS, the performance bond of contractor under the special assessments program has been conditioned upon warranty of materials and workmanship for a`period of Two Years after acceptance of streets, and; WHEREAS, the Plat of said SpringRun Place which has been recorded in the Probate Records of Baldwin County, Alabama at Slide No. 1645-13delineates thereon the subject streets therein as public ways; NOW, THEREFORE, BE IT RESOLVER BY THE CITY COUNCIL OF THE CITY OF FAIRHOPE, ALABAMA that the said streets and the utilities within said SpringRun Place be and the same hereby are accepted for public maintenance subject to the bond posted. This resolution of acceptance shall not obligate the City of Fairhope to maintain any utility or drainage facilities outside the limits of the right-of-way of the public street, whether or not such may be located within dedicated easements. ADOPTED this the loth day of June 1996. /C/ I ATTEST: Ja es P. Nix, Mayor V� Evely PhillipstCiCT�e—rk 1 O JUNE 1996 1785 THE MAYOR PRESENTED A PROPOSED AMENDMENT TO THE AMENDED AND RESTATED POWER SALES CONTRACT BETWEEN THE CITY AND ALABAMA MUNICIPAL ELECTRIC AUTHORITY ("THE AUTHORITY"). THE a DOCUMENT WAS CONSIDERED AND DISCUSSED BY COUNCIL. THEREUPON, THE FOLLOWING RESOLUTION WAS INTRODUCED IN WRITING BY COUNCILMAN BISHOP: RESOLUTION NO. 520-96 BE IT RESOLVED BY THE CITY COUNCIL OF THE CF1Y OF FAIRHOPE ("THE CITY") AS FOLLOWS: ( I ) A COPY OF THE AMENDMENT TO THE AMENDED AND RESTATED POWER SALES CONTRACT ("THE AMENDMENT") BETWEEN THE CITY AND THE AUTHORITY CONSIDERED BY THE MEMBERS OF THE CITY COUNCIL ("THE COUNCIL") IS HEREBY ORDERED INSERTED IN THE MINUTES OF THE MEETING AT WHICH THIS RESOLUTION IS ADOPTED AT THE END THEREOF. (2) THE COUNCIL DOES HEREBY FIND AND DETERMINE THAT IT IS IN THE BEST INTEREST OF THE CITY TO ENTER INTO THE AMENDMENT WITH THE AUTHORITY. (3) THE COUNCIL DOES HEREBY ADOPT AND APPROVE THE AMENDMENT. (4) THE MAYOR IS HEREBY AUTHORIZED AND DIRECTED TO SIGN THE AMENDMENT IN THE NAME AND ON BEHALF OF THE CITY, AND THE CITY CLERK IS HEREBY AUTHORIZED AND DIRECTED TO AFFIX THERETO THE OFFICIAL CITY SEAL AND TO ATTEST THE SAME. THE MAYOR IS HEREBY AUTHORIZED AND DIRECTED TO ACKNOWLEDGE EXECUTION OF THE AMEND- MENT IN THE FORM PRESCRIBED THEREIN AND TO DELIVER THE AMENDMENT TO THE AUTHORITY. (5) 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 AMENDMENT. (6) THE PROVISIONS OF THIS RESOLUTION SHALL TAKE EFFECT IMMEDIATELY UPON ITS ADOPTION. ADOPTED THIS I OTH DAY OF JUNE, 1 996. (SEAL) JJ S P. Nix, MAYOR ATTEST A n nn EVELYN P 71 LLIPS , CITY CLER COUNCILMAN DUCK 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, THE MOTION TO SUSPEND PASSED UNANIMOUSLY BY THE FOLLOWING VOTE: AYE -DUCK, FORD, BISHOP, NIX, AND OVERSTREET. NAY -NONE. , 3 e 10 JUNE 1996 1786 AFTER THE RESOLUTION HAD BEEN CONSIDERED AND DISCUSSED IN FULL BY THE COUNCIL, COUNCILMAN BISHOP MOVED THAT THE RESOLUTION BE ADOPTED AS WRITTEN, WHICH MOTION WAS SECONDED BY COUNCILMAN DUCK, AND UPON BEING PUT TO VOTE, THE RESOLUTION WAS FINALLY ADOPTED BY THE FOLLOWING UNANIMOUS VOTE: AYE -DUCK, FORD, BISHOP, NIX, AND OVERSTREET. NAY -NONE. MAYOR NIX OPENED THE FLOOR FOR NOMINATIONS FOR A 5-YEAR TERM ON THE LIBRARY BOARD. PRESENT MEMBER A.I. BAUMAN DOES NOT WISH TO BE REAPPOINTED. ON A RECOMMENDATION BY THE MAYOR, COUNCILMAN FORD NOMINATED DOYLE (BUBBA) SPELL. THERE BEING NO OTHER NOMINATIONS, COUNCILMAN DUCK MOVED TO CLOSE THE NOMINATIONS AND TO APPOINT MR. SPELL BY ACCLAMATION. SECONDED BY COUNCILMAN BISHOP, MOTION PASSED UNANIMOUSLY. COUNCIL TOOK THE FOLLOWING ACTION ON BIDS: Identification: "COPPER TUBING" Bids opened on: June 4. 1996 at:10:30a.m. Copper tubing, 314 and 1 inch for use in installing water services. VENDOR: HUGHES SUPPLY CO. Mobile. AL FERGUSON ENTERPRISES, Theodore, AL CONSOLIDATED PIPE Mobile, AL G&C SUPPLY CO. Atwood, TN SUPERIOR PIPE & SUPPLY Pelham, AL DAVIS METER & SUPPLY Pensacola, FL CENTRAL PIPE & SUPPLY Jackson, MS M.T. DEASON Birmingham, AL PRICE PER FOOT.• 3/4 inch: $1.152 1 inch: $1.479 3/4 inch: $1.17 1 inch: $1.51 3/4 inch: $1.19 1 inch: $1.53 3/4 inch: $1.32 1 inch: $1.69 3/4 inch: $1.64 1 inch: $2.24 rrc.> »ylr.�ya NO RESPONSE NO RESPONSE DELIVERY. 2-Days 5-Days 7-Days 14-Days 10-Days It is advised to accept the low bid of HUGHES SUPPLY CO., Mobile, AL for the price of $1.152 per ft. for 3/4 inch and $1.479 per ft for 1 inch with all specifications being met. MIKE REJCZYK, WAYNE SMITH, WATER & SEWER SUPT. PURCHASING AGENT 10 JUNE 1996 1787 COUNCILMAN BISHOP MOVED TO ACCEPT THE LOW BID BY HUGHES SUPPLY COMPANY, MOBILE, PROVIDED ALL SPECIFICATIONS ARE MET. SECONDED BY COUNCILMAN OVERSTREET, MOTION PASSED UNANIMOUSLY. COUNCILMAN FORD ADDRESSED THE COUNCIL ON THE SUBJECT OF AN INDOOR SPORTS GYM. THE RECREATION BOARD HAS BEEN DISCUSSING THIS PROJECT FOR SOME TIME. THEY WERE THINKING ALONG THE LINES OF A "BARE NECESSITIES' BUILDING, AND USING THE CAPITOL IMPROVEMENT FUND TO FINANCE IT. A GROUP IN TOWN HAS SENT COUNCILMAN FORD A GROUP OF PLANS AND SUGGESTIONS FOR THE PROJECT. COUNCILMAN FORD STATED HE WILL TAKE THIS INFORMATION TO THE RECREATION BOARD AND THEN RETURN TO THE COUNCIL WITH A RECOMMENDATION. THIS GYM, IF BUILT, WILL BE A RECREATION BOARD PROJECT AND WILL BE MANAGED BY�i RECREATION DIRECTOR.,ED_BOYETTE. COUNCILMAN OVERSTREET MOVED TO PAY ALL BILLS.AS PRESENTED. SECONDED BY COUNCILMAN DUCK, MOTION PASSED UNANIMOUSLY. MAYOR ADVISED THAT NO GROUP HAS COME FORWARD TO REQUEST SPONSORSHIP OF THE FOURTH OF JULY AS YET. THE CITY WILL PROVIDE A FIREWORKS SHOW BUT IF ANY GROUP WANTS TO SPONSOR ANYTHING MORE, THEY SHOULD CONTACT THE MAYOR AS SOON AS POSSIBLE THE SUMMER POINTE PROJECT IS WELL UNDERWAY, AND THE TEEN CENTER "THE HANGOUT' OPENED UP THIS PAST WEEKEND. A NICE GROUP OF TEENS TURNED OUT AND WERE VERY IMPRESSED. WE EXPECT THE CROWD TO GROW AS SOON AS WORD GETS OUT ABOUT WHAT WE HAVE TO OFFER (RENE MASHBURN, DIRECTOR). LOCATED ON FAULKNER CAMPUS. THE CITY MUSEUM, LOCATED IN THE BELL BUILDING, HAD THEIR GRAND OPENING SUNDAY, JUNE 9TH. MR. RAYMOND ZICARELLI, 103 LAUREL AVENUE, ASKED THE COUNCIL TO RECONSIDER THEIR DENIAL OF A 3-WAY STOP SIGN AT LAUREL AND SATSUMA INTERSECTION AT MARCH 25TH MEETING. AFTER SOME DISCUSSION, DURING WHICH MR. ZICARELLI PRESENTED A NEIGHBORHOOD PETITION REQUESTING THE SIGN, MAYOR NIX ASKED COUNCILMAN OVERSTREET AND HIS COMMITTEE (COUNCILMAN BISHOP AND GENERAL SUPERINTENDENT RUTHERFORD) TO REVIEW THE SITUATION AGAIN AND ADVISE THE COUNCIL OF THEIR FINDINGS. 10 JUNE 1996 RM THERE BEING NO FURTHER BUSINESS, MEETING WAS DULY ADJOURNED AT 6:05 PM. ES P. Nix, MAYOR EVELYN P PHILLIPS, CITY CLE 10 Ju 1996 (Amendment to the Alabama Municipal Electric Authority's Amended and Restated Power Sales Contract follows.........) 10 June 1996 1789 AMENDMENT to AMENDED AND RESTATED POWER SALES CONTRACT between ALABAMA MUNICIPAL ELECTRIC AUTHORITY and CITY OF FAIRHOPE ` V F July 1, 1996 THORI tGTON & GREGORY 504 South Perry Street Montgomery, Alabama 36104 10 June 1996 1790 AMENDMENT TO AMENDED AND RESTATED POWER SALES CONTRACT DESIGNATION OF PARTIES THIS AMENDMENT (hereinafter referred to as this "Amendment") to that certain AMENDED AND RESTATED POWER SALES CONTRACT dated as of May 1, 1986 ("the Contract"), between ALABAMA MUNICIPAL ELECTRIC AUTHORITY, a public corporation organized and existing under the laws of the State of Alabama ("the Authority"), and the CITY OF FAIRHOPE, a municipal corporation of the State of Alabama and a member of the Authority ("the Member"), is entered into between the Authority and the Member. For purposes of this Amendment, the terms "Integrated Utility Systems," "Participating Members," and "Power Sales Contracts," as defined in Section 1 of the Contract and used herein shall have the same respective meanings as those assigned to them in said Section 1. ` RECITALS, FINDINGS AND DETERN NATIONS WHEREAS, the Authority was organized pursuant to the provisions of Act No. 81-681 enacted at the 1981 Regular Session of the Legislature of the State of Alabama, now codified as Sections 11-50A-1 et seq., Code of Alabama 1975, as amended ("the Act"), to provide a means for those Alabama municipalities, utilities boards and electric boards that own and operate electric utility systems or Integrated Utility Systems to secure, through membership in the Authority, an adequate, dependable and economical supply of bulk electric power and energy; and WHEREAS, the. Member and the Authority's other Participating Members (a) own and operate electric utility systems or Integrated Utility Systems, through which they each distribute at retail electric power and energy, and (b) are authorized under the laws of the State of Alabama, including specifically the Act, to contract for the purchase from the Authority of such quantity of bulk electric power and energy as may be required by them to - 1 - 10 June 1996 1791 meet their respective present and future retail electric power and energy distribution require- ments; and WHEREAS, in order to secure for the Member and the Authority's other Participating Members an adequate, dependable and economical supply of bulk electric power and energy, the Authority and the Participating Members have previously determined that the Authority would sell to the Participating Members, and the Participating Members would purchase from the Authority, electric capacity, energy, transmission and other services on the terms and conditions set forth in the Power Sales Contracts, of which the Contract is one; and - WHEREAS, the Power Sales Contracts, including in the case of the Member, the Contract, are dated as of May 1, 1986, and constitute amendments and restatements of those certain contracts respecting the sale of electric power and energy entered into by the Authority and the Participating Members and dated as of December 1, 1985, which contracts were supplemented by those certain Supplemental Power Sales Contracts entered into by the Authority and the Participating Members and dated as of March 28, 1986; and WHEREAS, the Power Sales Contracts, including the Contract, have remained continuously in effect from the respective effective dates thereof until the date hereof, and neither the Authority nor any Participating Member, including the Member, is in default in respect of any of the provisions thereof, and WHEREAS, the terms of the Power Sales Contracts, including the Contract, unless earlier terminated by actions of the respective parties thereto, expire on December 31, 2005; and WHEREAS, the Authority and the Member, as well as the other Participating Members, have determined that the Power Sales Contracts, including the Contract, have proven to be mutually beneficial and satisfactory to the Authority, the Member and the other Participating Members, NOW, THEREFORE, in order that the Authority may continue to provide an adequate, dependable and economical supply of bulk electric power and energy for the Member's and the other Participating Members' electric utility systems or Integrated Utility Systems after December 31, 2005, and in order to enable the Authority to engage effectively in long-range planning for the continued provision of an adequate, dependable and economical supply of bulk electric power and energy for the Member's and the other Participating Members' electric utility systems or Integrated Utility Systems, the Authority, the Member, -2- 10 June 1996 1792 and the other Participating Members have determined that it is mutually beneficial and in the best interests of the citizens of the State of Alabama in the areas in which the Participating Members distribute electric power and energy at retail to extend the terms of the Power Sales Contracts between the Authority and the Participating Members through December 31, 2035. WHEREFORE, for and in consideration of the mutual covenants and agree- ments herein contained, it is agreed by and between the parties hereto that the Contract shall be and hereby is amended as follows: 1. Extension of Term of the Contract. Section 2 of the Contract is revoked and a new.Section 2 is substituted therefor, which reads as follows: "SECTION 2. Tenn "This Contract shall continue in force through December 31, 2035, and may not be terminated by either party hereto; provided, however, that this Contract may be terminated by either party to this Contract upon 180 days' prior written notice to the other party to this Contract if provi- sion has been made by the Authority for the payment of all outstanding Bonds." 2. Contract. as Amended. to Remain in Effect. The Contract, as hereinabove amended and modified, shall remain in full force and effect in all respects and as to all matters not specifically changed by this Amendment. 3. Effective Date of Amendment. The changes to the Contract effected by this Amendment shall become effective upon the expiration of thirty (30) days following the submission of this Amendment to the Alabama Public Service Commission pursuant to the provisions of Section 25 of the Act, provided that the rates to be charged by the Authority pursuant to the Contract, as amended hereby, are not disapproved by the Commission within thirty (30) days after such submission. IN WITNESS WHEREOF, the Authority and the Member have caused this Amendment to be executed in their respective names, have caused their respective seals to be hereunto affixed and attested, all by their respective duly authorized officers, in six (6) -3- 10 June 1996 1793 counterparts, each of which shall be deemed an original, and have caused this Amendment to be dated for convenience as of July 1, 1996, although actually executed by the Authority on _, 1996, and actually executed by the Member on �-/O _,1996. ALABAMA MUNICIPAL ELECTRIC AUTHORITY (SEAL) By Attest: By Secretary Chairman CITY OF FAIRHOPE, ALABAMA (SEAL) By Its Mayor Attest: By (�tor4� (2 g&. Its Clerk (AMEA-Fairhope.amd) 5/13/96.1/lm M