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HomeMy WebLinkAbout11-25-1996 Regular Meetingf l STATE OF ALABAMA )( COUNTY OF BALDWIN )( THE MAYOR AND CITY COUNCIL OF THE CITY OF FAIRHOPE, ALABAMA, MET IN REGULAR SESSION AT THE CITY HALL IN THE CITY OF FAIRHOPE, ALABAMA, ON 25 NOVEMBER 1996 AT 5:30 O'CLOCK, P.M. THE MEETING WAS CALLED TO ORDER BY THE MAYOR, WHO IS THE CHAIRMAN OF THE COUNCIL. UPON ROLL CALL, THE FOLLOWING WERE FOUND TO BE PRESENT: MAYOR NIX AND COUNCILMEMBERS JOHN V. DUCK, MICHAEL A. FORD, DAVID E. BISHOP, JEANETTE PUCKETT, AND WILLIAM A. JONES. NO ONE WAS ABSENT. EVELYN P. PHILLIPS, THE CITY CLERK, WHO WAS ALSO PRESENT, ACTED AS CLERK OF THE MEETING. A QUORUM BEING PRESENT, THE MAYOR ANNOUNCED THAT THE MEETING WAS OPEN FOR THE TRANSACTION OF BUSINESS. COUNCILMAN FORD MOVED TO ACCEPT THE MINUTES AS WRITTEN FOR THE 1 2 NOVEMBER 1 996 REGULAR SESSION. SECONDED BY COUNCILMAN BISHOP, MOTION PASSED UNANIMOUSLY. THE COUNCIL RECOGNIZED SPECIAL GUESTS: THE FAIRHOPE SOCCER TEAM, AGE 1 6 AND UNDER, WERE EACH RECOGNIZED AND PRESENTED A CERTIFICATE OF ACHIEVEMENT ON THEIR WINNING THE STATE CHAMPIONSHIP. RECREATION DIRECTOR ED BOYETTE WAS GIVEN THE STATE TROPHY FOR DISPLAY IN HIS OFFICE. MR. BOB YOUNG, FRAZER LANIER COMPANY, WAS PRESENT TO ANSWER ANY QUESTIONS FROM THE COUNCIL REGARDING THE $4, 1 95,000 REFUNDING BOND ISSUE TO BE USED TO RESTRUCTURE THE CITY'S UTILITIES REVENUE INDEBTEDNESS. MR. YOUNG SAID HE WAS EXTREMELY PROUD TO ADVISE THAT STANDARD & POOR'S HAD RAISED THE CITY'S RATING FROM "A" TO "A+". A "TRIPLE A" RATING WAS OFFERED BUT IT WAS DECLINED AS THE COST OF THE "AAA" INSURANCE REQUIREMENTS DID NOT MAKE "AAA" THAT MUCH MORE ATTRACTIVE THAN THE "A+ . MR. YOUNG SAID, TO HIS KNOWLEDGE, FAIRHOPE IS THE ONLY CITY OF ITS SIZE TO HAVE AN "A+". COUNCILMAN BISHOP INTRODUCED IN WRITING ORDINANCE NO. 1 004, AN ORDINANCE AUTHORIZING THE ISSUANCE OF THE $4, 1 95,000 CITY OF FAIRHOPE, ALABAMA, UTILITIES REVENUE WARRANTS, SERIES 1 996, DATED I NOVEMBER 1 996. COUNCILMAN DUCK MOVED THAT THE RULES BE SUSPENDED AND UNANIMOUS CONSENT BE GIVEN FOR IMMEDIATE CONSIDERATION OF AND ACTION ON THE SAID ORDINANCE, WHICH MOTION WAS SECONDED BY COUNCILWOMAN PUCKETT AND, UPON THE SAME BEING PUT TO VOTE, THE FOLLOWING VOTE WAS RECORDED: AYE -DUCK, FORD, BISHOP, NIX, PUCKETT, AND JONES. NAY -NONE. THE MAYOR THEREUPON DECLARED THAT THE MOTION FOR UNANIMOUS CONSENT FOR IMMEDIATE CONSIDERATION OF AND ACTION ON THE SAID ORDINANCE HAD BEEN UNANIMOUSLY CARRIED. COUNCILWOMAN PUCKETT THEREUPON MOVED THAT ORDINANCE NO. 1 004 BE ADOPTED, WHICH MOTION WAS SECONDED BY COUNCILMAN JONES AND, UPON THE SAME BEING PUT TO VOTE, THE FOLLOWING VOTE WAS RECORDED: AYE -DUCK, FORD, BISHOP, NIX, PUCKETT, AND JONES. NAY -NONE. THE MAYOR THEREUPON ANNOUNCED THAT THE MOTION FOR FINAL ADOPTION OF ORDINANCE NO. 1004 HAD BEEN UNANIMOUSLY CARRIED. THE FOLLOWING RESOLUTION WAS INTRODUCED IN WRITING BY COUNCILMAN DUCK: 1861 25 NOVEMBER 1 996 RESOLUTION NO, 546-96 A RESOLUTION CALLING FOR REDEMPTION ON I JUNE 1 997 CERTAIN UTILITIES REVENUE WARRANTS, SERIES 1989, OF THE CITY OF FAIRHOPE, ALABAMA, DATED I DECEMBER 1 989 BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL (HEREIN TOGETHER CALLED THE "COUNCIL") OF THE CITY OF FAIRHOPE (HEREIN CALLED THE "CITY'), IN THE STATE OF ALABAMA, AS FOLLOWS: SECTION I . FINDINGS. THE COUNCIL HAS ASCERTAINED AND DOES HEREBY FIND AND DECLARE THAT THE FOLLOWING FACTS ARE TRUE AND CORRECT: (A) PURSUANT TO THE PROVISIONS OF THAT CERTAIN TRUST INDENTURE FROM THE CITY TO FIRST ALABAMA BANK, MOBILE, ALABAMA, DATED AS OF I DECEMBER 1 989 (HEREIN CALLED THE "INDENTURE"), THE CITY DID ON 1 9 DECEMBER 1 989 ISSUE ITS UTILITIES REVENUE WARRANTS, SERIES 1 989, DATED I DECEMBER 1 989, IN THE AGGREGATE PRINCIPAL AMOUNT OF $2,750,000 (HEREIN CALLED THE "OUTSTANDING WARRANTS"), OF WHICH $2,530,000 ARE NOW OUTSTANDING AND UNPAID. THE OUTSTANDING WARRANTS HAVE STATED MATURITIES IN VARIOUS AMOUNTS IN THE YEARS 1 997 THROUGH 2O09. ALL INTEREST THAT HAS HERETOFORE MATURED WITH RESPECT TO THE OUTSTANDING WARRANTS HAS BEEN PAID IN FULL. (B) THE CITY IS NOT NOW IN DEFAULT IN THE PAYMENT OF THE PRINCIPAL OF OR INTEREST ON ANY OF THE OUTSTANDING WARRANTS OR UNDER THE INDENTURE. SECTION 2. CALL FOR REDEMPTION. ACTING PURSUANT TO THE PROVISIONS OF ARTICLE VI OF THE INDENTURE, THE CITY HEREBY CALLS FOR REDEMPTION ON I JUNE 1 997 THOSE OF THE OUTSTANDING WARRANTS HAVING A STATED MATURITY IN 1 998 OR THEREAFTER, THE SAID REDEMPTION TO BE EFFECTED AT A REDEMPTION PRICE EQUAL TO 10 1 O/o OF THE FACE VALUE OF EACH WARRANT REDEEMED PLUS ACCRUED INTEREST THEREON TO THE REDEMPTION DATE. SECTION 3. OFFICERS OF CITY AND TRUSTEE AUTHORIZED TO TAKE ALL REQUIRED ACTIONS. THE CITY CLERK IS HEREBY AUTHORIZED TO FILE WITH THE TRUSTEE A CERTIFIED COP OF THIS RESOLUTION. THE TRUSTEE IS HEREBY AUTHORIZED TO TAKE, IN THE NAME AND BEHALF OF THE CITY, ALL OTHER ACTIONS REQUIRED BY THE INDENTURE TO BE TAKEN IN ORDER TO EFFECT THE REDEMPTION OF THE OUTSTANDING WARRANTS IN ACCORDANCE WITH THE FOREGOING CALL, INCLUDING, WITHOUT LIMITATION, THE GIVING OF ALL REQUIRED NOTICES. ADOPTED THIS 25TH DAY OF NOVEMBER, 996. JAME P. Nix, MAYOR ATTEST EVELYN P. ILLIPS, CITY CLERK COUNCILMAN FORD MOVED THAT UNANIMOUS CONSENT BE GIVEN FOR IMMEDIATE CONSIDERATION OF AND ACTION ON THE SAID RESOLUTION, WHICH MOTION WAS SECONDED BY COUNCILMAN BISHOP AND, UPON THE SAME BEING PUT TO VOTE, THE FOLLOWING VOTE WAS RECORDED: AYE -DUCK, FORD, BISHOP, Nix, PUCKETT, AND JONES. NAY -NONE. THE MAYOR THEREUPON DECLARED THAT THE MOTION FOR UNANIMOUS CONSENT FOR IMMEDIATE CONSIDERATION OF AND ACTION ON THE SAID RESOLUTION HAD BEEN UNANIMOUSLY CARRIED. COUNCILMAN DUCK THEREUPON MOVED THAT THE FOREGOING RESOLUTION BE ADOPTED, WHICH MOTION WAS SECONDED BY COUNCILMAN JONES AND, UPON THE SAME BEING PUT TO VOTE, THE FOLLOWING VOTE WAS RECORDED: AYE -DUCK, FORD, BISHOP, Nix, PUCKETT, AND JONES. NAY -NONE. THE MAYOR THEREUPON ANNOUNCED THAT THE MOTION FOR THE ADOPTION OF THE SAID RESOLUTION HAD BEEN UNANIMOUSLY CARRIED. 1862 25 NOVEMBER 1 996 THE FOLLOWING RESOLUTION WAS INTRODUCED IN WRITING BY COUNCILMAN BISHOP: RESOLUTION NO. 547-95 A RESOLUTION CALLING FOR REDEMPTION ON I MAY 1997 CERTAIN GENERAL OBLIGATION WATER WARRANTS OF THE CITY OF FAIRHOPE, ALABAMA, DATED I MAY I988 BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL (HEREIN TOGETHER CALLED THE "COUNCIL") OF THE CITY OF FAIRHOPE (HEREIN CALLED THE "CITY"), IN THE STATE OF ALABAMA, AS FOLLOWS: SECTION I . FINDINGS. THE COUNCIL HAS ASCERTAINED AND DOES HEREBY FIND AND DECLARE THAT THE FOLLOWING FACTS ARE TRUE AND CORRECT: (A) PURSUANT TO THE PROVISIONS OF ORDINANCE NO. 808 ADOPTED 6 JUNE 1 988 (HEREIN CALLED THE "ORDINANCE"), THE CITY ISSUED ITS GENERAL OBLIGATION WATER WARRANTS DATED I MAY 1 988 IN THE AGGREGATE PRINCIPAL AMOUNT OF $ 1 ,520,000 (HEREIN CALLED THE "OUTSTANDING WARRANTS"), OF WHICH $ 1 150,000 ARE NOW OUTSTANDING AND UNPAID, THE OUTSTANDING WARRANTS HAVE STATED MATURITIES IN VARIOUS AMOUNTS IN THE YEARS 1 995 THROUGH 2O08. ALL INTEREST THAT HAS HERETOFORE MATURED WITH RESPECT TO THE OUTSTANDING WARRANTS HAS BEEN PAID IN FULL. (B) THE CITY IS NOT NOW IN DEFAULT IN THE PAYMENT OF THE PRINCIPAL OF OR INTEREST ON ANY OF THE OUTSTANDING WARRANTS OR UNDER THE ORDINANCE. SECTION 2. CALL FOR REDEMPTION. ACTING PURSUANT TO THE PROVISIONS OF SECTION 4 OF THE ORDINANCE, THE CITY HEREBY CALLS FOR REDEMPTION ON I MAY 1 997 THOSE OF THE OUTSTANDING WARRANTS HAVING A STATED MATURITY IN 1 998 OR THEREAFTER, THE SAID REDEMPTION TO BE EFFECTED AT A REDEMPTION PRICE EQUAL TO 10 1 % OF THE FACE VALUE OF EACH WARRANT REDEEMED PLUS ACCRUED INTEREST THEREON TO THE REDEMPTION DATE. SECTION 3. OFFICERS OF CITY AND TRUSTEE AUTHORIZED TO TAKE ALL REQUIRED ACTIONS. THE CITY CLERK IS HEREBY AUTHORIZED TO FILE WITH THE TRUSTEE A CERTIFIED COPY OF THIS RESOLUTION. THE PAYING AGENT UNDER THE ORDINANCE IS HEREBY AUTHORIZED TO TAKE, IN THE NAME AND BEHALF OF THE CITY, ALL OTHER ACTIONS REQUIRED BY THE ORDINANCE TO BE TAKEN IN ORDER TO EFFECT THE REDEMPTION OF THE OUTSTANDING WARRANTS IN ACCORDANCE WITH THE FOREGOING CALL, INCLUDING, WITHOUT LIMITATION, THE GIVING OF ALL REQUIRED NOTICES. ADOPTED THIS 25TH DAY OF NOVEMBER 1996. JAME P. Nix, MAYOR ATTEST s 42 t -1� -(?-. (� � - EVELYN P. P I LIPS, CITY CLERK COUNCILWOMAN PUCKETT MOVED THAT UNANIMOUS CONSENT BE GIVEN FOR IMMEDIATE CONSIDERATION OF AND ACTION ON THE SAID RESOLUTION, WHICH MOTION WAS SECONDED BY COUNCILMAN FORD AND, UPON THE SAME BEING PUT TO VOTE, THE FOLLOWING VOTE WAS RECORDED: AYE -DUCK, FORD, BISHOP, NIX, PUCKETT, AND JONES. NAY -NONE. THE MAYOR THEREUPON DECLARED THAT THE MOTION FOR UNANIMOUS CONSENT FOR IMMEDIATE CONSIDERATION OF AND ACTION ON THE SAID RESOLUTION HAD BEEN UNANIMOUSLY CARRIED. COUNCILWOMAN PUCKE77 THEREUPON MOVED THAT THE FOREGOING RESOLUTION BE ADOPTED, WHICH MOTION WAS SECONDED BY COUNCILMAN JONES AND, UPON THE SAME BEING PUT TO VOTE, THE FOLLOWING VOTE WAS RECORDED: AYE -DUCK, FORD, BISHOP, NIX, 1863 25 NOVEMBER 1 996 PUCKETT, AND JONES. NAY -NONE. THE MAYOR THEREUPON ANNOUNCED THAT THE MOTION FOR THE ADOPTION OF THE SAID RESOLUTION HAD BEEN UNANIMOUSLY CARRIED. COUNCILMAN BISHOP INTRODUCED IN WRITING, AND MOVED FOR THE ADOPTION OF, THE FOLLOWING RESOLUTION. SECONDED BY COUNCILMAN JONES, MOTION PASSED UNANIMOUSLY: RESOLUT10N NO. 548-96 WHEREAS, THE BALDWIN COUNTY COMMISSION IS COMPOSED OF SEVEN COMMISSIONERS ELECTED FROM DISTRICTS TO REPRESENT COMMUNITIES ACROSS OUR LARGE COUNTY; THEREFORE, WE, THE GOVERNING BODY, OF THE CITY OF FAIRHOPE, ALABAMA, FEEL THE SEVEN COMMISSION ERS-ELECT SHOULD NOW SERVE THEIR TERMS, AFTER WHICH THE MATTER OF THE COMPOSITION OF THE COMMISSION SHOULD BE STUDIED; BE IT RESOLVED, THE CITY OF FAIRHOPE, ALABAMA, FULLY SUPPORTS OUR COUNTY COMMISSION. ADOPTED THIS 25TH DAY OF NOVEMBER, 1996. MAYOR NIX INTRODUCED TWO OF THE COUNTY COMMISSIONER -ELECTS WHO WERE VISITING THE MEETING: JOE FAUST AND ALAN PERDUE. THE COUNCIL REVIEWED A LETTER FROM THE BALDWIN COUNTY PUBLIC WORKS DEPARTMENT REQUESTING THE CITY'S PARTICIPATION, ALONG WITH THE COUNTY, THE SINGLE TAX CORPORATION, AND THE DEVELOPERS, IN THE COST FOR CONSTRUCTING BOOTHE ROAD. THIS WOULD BE PLANNED FOR FY 97/98, THE BEST ESTIMATE OF THE CITY'S SHARE IS CURRENTLY $ 1 74,000. MAYOR NIX ASSIGNED THIS REQUEST TO THE CITY'S STREET INDUSTRIAL COMMITTEE, (JONES, CHAIRMAN, DUCK & FORD) FOR STUDY. COUNCILWOMAN PUCKETT MOVED TO APPROVE, SUBJECT TO THE APPROVAL OF THE RECREATION BOARD, THE USE OF THE MUNICIPAL STADIUM BY THE EASTERN SHORE UNIT OF THE AMERICAN CANCER SOCIETY FOR THEIR RELAY FOR LIFE FUND RAISER AGAIN THIS YEAR. THE EVENT IS TO BE HELD FRIDAY, I I APRIL 1 997, TO 6:00 AM SATURDAY, 1 2 APRIL 1 997. SECONDED BY COUNCILMAN FORD, MOTION PASSED UNANIMOUSLY. COUNCILMAN FORD MOVED TO APPROVE THE REQUEST OF THE EASTERN SHORE ART CENTER TO HOLD THEIR ANNUAL OUTDOOR ART SHOW ON MARCH 1 4, 1 5, AND 1 6, 1 997, ON OAK STREET, FROM BANCROFT TO SECTION STREET, AND UP SECTION STREET ONE-HALF BLOCK PAST EQUALITY STREET. SECONDED BY COUNCILMAN DUCK, MOTION PASSED UNANIMOUSLY. 1864 25 NOVEMBER 1996 THE EASTERN SHORE CHAMBER OF COMMERCE ARTS & CRAFTS FESTIVAL IS SCHEDULED FOR THE SAME WEEKEND IN MARCH. THE CHAMBER JOINS WITH THE ART CENTER IN ASKING THE COUNCIL TO ADOPT AN ORDINANCE OR RESOLUTION PROHIBITING UNAUTHORIZED PARTICIPANTS. COUNCILMAN JONES MOVED TO HAVE THE MAYOR PREPARE A SAMPLE ORDINANCE OR RESOLUTION FOR REVIEW AS SOON AS POSSIBLE. SECONDED BY COUNCILMAN BISHOP, MOTION PASSED UNANIMOUSLY. VOLKERT & ASSOCIATES, ENGINEERING CONSULTANTS ON THE WASTEWATER TREATMENT PLANT UPGRADE, ADVISES SOME CONCERN HAS ARISEN ABOUT POSSIBLE EROSION FROM THE EFFLUENT OUTFALL LINE. THE CONTRACT ON THIS LINE WAS AWARDED TO GROUND & PIPE TECHNOLOGY, INC., OF ANDALUSIA, ALABAMA, LAST SEPTEMBER (RES. No. 533-96). VOLKERT SUGGESTS A CHANGE TO THE OUTFALL LINE SPECIFICATIONS --USING A DIRECTIONAL BORE METHOD IN LIEU OF THE CONVENTIONAL TRENCH EXCAVATION METHOD. IN ORDER TO DO THIS, CHANGE ORDER # I TO THE GROUND & PIPE TECHNOLOGY CONTRACT SHOULD BE ISSUED WHICH WILL RESULT IN A COST INCREASE OF $55,499.50. AFTER SOME DISCUSSION, COUNCILMAN BISHOP MOVED TO APPROVE THE CHANGE IN JOB SPECIFICATIONS AND THE ISSUANCE OF CHANGE ORDER # I . SECONDED BY COUNCILMAN JONES, MOTION PASSED UNANIMOUSLY. VOLKERT & ASSOCIATES ALSO ADVISED THE RESULTS OF A BID OPENING ON PHASE III WWTP UPGRADE -ULTRAVIOLET DISINFECTION SYSTEM. THE BIDS RECEIVED WERE: C.B.E., INC. $ 242,826.00 DELCO GENERAL , INC $ 274,334.00 VOLKERT RECOMMENDS ACCEPTANCE OF THE LOW BID BY C.B.E., INC. COUNCILWOMAN PUCKETT MOVED TO ACCEPT THE LOW BID BY INTRODUCING THE FOLLOWING RESOLUTION IN WRITING, AND MOVING FOR ITS ADOPTION. SECONDED BY COUNCILMAN FORD, MOTION PASSED UNANIMOUSLY: RESOLUTION NO. 549-96 BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, THAT MAYOR JAMES P. NIX IS HEREBY AUTHORIZED TO EXECUTE A CONTRACT BETWEEN THE CITY AND C.B.E., INC., OF MOBILE, ALABAMA, FOR THE CONSTRUCTION OF PHASE III UPGRADE TO THE FAIRHOPE WASTEWATER TREATMENT FACILITY ULTRAVIOLET DISINFECTION SYSTEM, ACCORDING TO THE SPECIFICATIONS PREPARED BY, AND UNDER THE SUPERVISION OF, VOLKERT & ASSOCIATES, INC., FOR THE AMOUNT OF $242,826.00. ADOPTED THIS 25TH DAY OF NOVfMBER, 1 996. JAMES P1 NIX, MAYOR Z 1 EVELYN4PHLLIPS, CITY CLERK W. L� DUE TO A CONFLICT WITH THE NATIONAL LEAGUE OF CITIES CONVENTION, COUNCILMAN DUCK MOVED TO RESCHEDULE THE 9 DECEMBER 1 996 REGULAR MEETING TO MONDAY, 1 6 DECEMBER 1 996, SAME TIME AND PLACE. SECONDED BY COUNCILMAN JONES, MOTION PASSED UNANIMOUSLY. 1865 25 NOVEMBER 1 996 MAYOR NIX MENTIONED THAT THE PUBLIC HEARING SCHEDULED FOR DECEMBER 9, ON SEVERAL AMENDMENTS TO THE ZONING ORDINANCE, WHICH HAS BEEN ADVERTISED, WILL ALSO HAVE TO BE HELD ON THE 16TH. NOTICE OF THIS APPEARED IN SATURDAY'S FAIRHOPE COURIER BUT WILL APPRECIATE THE MEDIA MENTIONING THIS AGAIN. THE MAYOR ALSO ANNOUNCED ADULT RECREATION CENTER DIRECTOR MONTY HUGHES, AFTER A 7-MONTH WAIT, RECEIVED A NEW LUNG ON THE 22ND AND SEEMS TO BE DOING WELL AFTER THE TRANSPLANT SURGERY. THERE BEING NO FURTHER BUSINESS TO COME BEFORE THE COUNCIL, THE MEETING WAS DULY ADJOURNED AT 6:00 O'CLOCK P.M. ES Ft NIX, MAYOR