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HomeMy WebLinkAbout04-14-1997 Regular Meeting2012 STATE OF ALABAMA )( COUNTY OF BALDWIN )( THE CITY COUNCIL, CITY OF FAIRHOPE, MET IN REGULAR SESSION AT 5:30 P.m.; FAIRHOPE MUNICIPAL COMPLEX COUNCIL CHAMBER; 1 6 1 NORTH SECTION STREET; FAIRHOPE, ALABAMA 36532; ON MONDAY, 1 4 APRIL 1997. PRESENT WERE MAYOR JAMES P. Nix; COUNCILMEMBERS JOHN V. DUCK, MICHAEL A. FORD, DEBBIE W. QUINN, JEANETTE PUCKETT, AND WILLIAM H. JONES; AND CITY CLERK EVELYN P. PHILLIPS. CITY ATTORNEY MARION E. WYNNE ARRIVED AT 5:37 P.M. NO ONE WAS ABSENT. A QUORUM BEING PRESENT, MAYOR NIX CALLED THE MEETING TO ORDER. COUNCILMEMBER DUCK MOVED TO APPROVE THE MINUTES OF THE 24 MARCH 1997 REGULAR SESSION. SECONDED BY COUNCILMEMBER QUINN, MOTION PASSED UNANIMOUSLY. MAYOR NIX ASKED FORMER COUNCILMEMBER DAVID E. BISHOP, WHO WAS IN THE AUDIENCE, TO JOIN HIM AT THE FRONT OF THE CHAMBER. HE THEN READ, AND PRESENTED A BEAUTIFULLY -FRAMED COPY OF, A CERTIFICATE OF APPRECIATION TO MR. BISHOP FOR HIS MANY YEARS OF SERVICE TO THE CITY SINCE HE WAS ELECTED TO COUNCIL IN OCTOBER, 1972, UP TO HIS RECENT RESIGNATION IN FEBRUARY, 1997. COUNCIL BEGAN DELIBERATIONS ON THE OPEN-AIR BURNING ORDINANCE WHICH WAS INTRODUCED AT THE 24 MARCH 1 997 REGULAR SESSION BY COUNCILMEMBER PUCKETT. COUNCILMEMBER QUINN MOVED TO REINTRODUCE THE ORDINANCE WITH THE FOLLOWING AMENDMENTS: SECTION 3, LINE 6, INSERT THE WORDS "WHICH PERMIT MAY BE VERBAL" AT THE END OF THE SENTENCE; SECTION 5, PENALTIES SHOULD READ: FIRST CONVICTION CARRIES A FINE (ONLY) OF NOT MORE THAN FIFTY DOLLARS; SECOND OR SUBSEQUENT CONVICTIONS SHALL CARRY A FINE OF NOT MORE THAN ONE HUNDRED DOLLARS AND/OR A JAIL SENTENCE OF NOT MORE THAN TEN DAYS, AT THE COURTS DISCRETION. THIS WAS ACCEPTABLE TO COUNCILMEMBER PUCKETT WHO MOVED TO SUSPEND THE RULES IN ORDER TO GIVE ORDINANCE NO. 1 008 IMMEDIATE CONSIDERATION. SECONDED BY COUNCILMEMBER JONES, MOTION TO SUSPEND PASSED UNANIMOUSLY BY THE FOLLOWING VOTE: AYE -DUCK, FORD, QUINN, NIX, PUCKETT, AND JONES. NAY - NONE. COUNCILMEMBER PUCKETT THEN MOVED FOR FINAL ADOPTION OF ORDINANCE NO. 1008. SECONDED BY COUNCILMEMBER FORD, MOTION TO FINAL ADOPT PASSED UNANIMOUSLY BY THE FOLLOWING VOTE: AYE -DUCK, FORD, QUINN, NIX, PUCKETT, AND JONES. NAY -NONE. 14 April 1997 2013 The following resolution war, introduced in writing by Council - member Duck: RESOLUTION NO. 56;� -97 A RESOLUTION COMPLYING WITH THE REQUIREMENTS OF SECTION 8.2(b) OF THE TRUST INDENTURE BETWEEN THE CITY OF FAIRHOPE, ALABAMA, AND REGIONS BANK DATED AS OF NOVEMBER 1, 1996 BE IT RESOLVED by the MaYO and City Council (herein together called the "Council") of the City of Fairhope (herein called the "City"), in the State of Alabama, as follows: In order to comply with the requirements of Section 8.2(b) of that certain Trust Indenture between the City and Regions Bank, dated as of November 1, 1996 (herein called the "1996 Indenture"), so that $7,735,000 aggregate principal amount of Utilities Revenue Warrants, Series 1997, dated March 1, 1997 (herein called the "Series 1997 Warrants"), of the City may be issued as additional securities under the provisions of the 1996 Indenture, the Council does hereby adopt this resolution, request that Regions Bank, as trustee, authenticate and deliver the Series 1997 Warrants to the purchaser thereof, and snake the following recitals preliminary to the issuance of the Series 1997 Warrants: (1) - the City is not at this time in default under the 1996 Indenture and no such default is imminent; (2) the person to whom the Series 1997 Warrants have been sold and shall be delivered is The Frazer Lanier Company Incorporated; (3) the Series 1997 Warrants are to be issued by sale and none thereof is to be issued by exchange; (4) the sale price of the Series 1997 Warrants is $7,523,263.30 (which reflects an original issue discount of $173,835.20 and an underwriting discount of $37,901.50) plus accrued interest on the Series 1997 Warrants from their date until the date of delivery thereof and payment therefor; (5) no securities have previously been issued by the City under the 1996 Indenture or under any indenture supplemental thereto other than $4,195.000 aggregate principal amount of Utilities Revenue Warrants, Series 1996. dated November 1, 1996, which were issued under the 1996 Indenture and which are now outstanding in the aggregate principal amount of $4,195,000; and (6) the Series 1997 Warrants are to be issued for the purpose of (a) paying the costs of (i) the expansion of the sewer treatment plant from a capacity of 2 million gallons per day ("MGD") to 4 MGD, at an estimated cost of $4,000,000; (ii) the upgrading of an electric substation and the addition of a new substation, at an estimated cost of $1,200,000; (iii) the construction of a 1 MGD water well, at an estimated cost of $600,000; (iv) the acquisition of real property for use in connection with the Systems, at an estimated cost of $1,500,000; and (v) various miscellaneous improvements to the Systems and contingency costs, estimated at $200,000, and such other improvements as the Council may determine to be necessary and desirable; (b) providing for a surety bond for the debt service reserve fund under the 1996 Indenture; and (c) paying the costs relatetd to the issuance of the Series 1997 Warrants, including the premium for municipal bond insurance. ADOPTED this 14thJdayopril, 1997. Mayor Attest: City Clerk 2014 14 APRIL 1997 COUNCILMEMBER QUINN MOVED THAT UNANIMOUS CONSENT BE GIVEN FOR IMMEDIATE CONSIDERATION OF AND ACTION ON THE SAID RESOLUTION, WHICH MOTION WAS SECONDED BY COUNCILMEMBER FORD AND UPON BEING PUT TO VOTE, THE FOLLOWING VOTE WAS RECORDED: AYE -DUCK, FORD, QUINN, NIX, PUCKETT, AND JONES. NAY -NONE. MAYOR NIX THEREUPON DECLARED THAT THE MOTION FOR UNANIMOUS CONSENT FOR IMMEDIATE CONSIDERATION OF AND ACTION ON THE SAID RESOLUTION HAD BEEN UNANIMOUSLY CARRIED. COUNCILMEMBER DUCK THEREUPON MOVED THAT THE FOREGOING RESOLUTION No. 562-97 BE ADOPTED, WHICH MOTION WAS SECONDED BY COUNCILMEMBER JONES AND, UPON THE SAME BEING PUT TO VOTE, THE FOLLOWING VOTE WAS RECORDED: AYE -DUCK, FORD, QUINN, NIX, PUCKETT, AND JONES. NAY -NONE. MAYOR NIX THEREUPON ANNOUNCED THAT THE MOTION FOR THE ADOPTION OF RESOLUTION No. 562-97 HAD BEEN UNANIMOUSLY CARRIED. ORDINANCE No. 1009, AN ORDINANCE AUTHORIZING THE ISSUANCE OF THE CITY'S $7,735,000 PRINCIPAL AMOUNT OF UTILITIES REVENUE WARRANTS, SERIES 1997, DATED MARCH 1, 1997, WAS INTRODUCED IN WRITING BY COUNCILMEMBER JONES. COUNCILMEMBER PUCKETT 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 COUNCILMEMBER FORD AND, UPON THE SAME BEING PUT TO VOTE, THE FOLLOWING VOTE WAS RECORDED: AYE -DUCK, FORD, QUINN, NIX, PUCKETT, AND JONES. NAY - NONE. MAYOR NIX THEREUPON DECLARED THAT THE MOTION FOR UNANIMOUS CONSENT FOR IMMEDIATE CONSIDERATION OF AND ACTION ON THE SAID ORDINANCE HAD BEEN UNANIMOUSLY CARRIED. COUNCILMEMBER DUCK THEREUPON MOVED THAT ORDINANCE No. 1 009 BE ADOPTED, WHICH MOTION WAS SECONDED BY COUNCILMEMBER JONES AND, UPON THE SAME BEING PUT TO VOTE, THE FOLLOWING VOTE WAS RECORDED: AYE -DUCK, FORD, QUINN, NIX, PUCKETT, AND JONES. NAY - NONE. MAYOR NIX THEREUPON ANNOUNCED THAT THE MOTION TO FINAL ADOPT ORDINANCE NO. 1 009 HAD BEEN UNANIMOUSLY CARRIED. COUNCILMEMBER FORD MOVED TO APPROVE THE ISSUANCE OF A BEER OFF - PREMISES LICENSE AND A WINE OFF -PREMISES LICENSE TO JASON C. COX, DBA JAYCO, INC., 1 8983 GREENO ROAD (INTERSECTION OF US 98 AND CO RD 44). NO ONE PRESENT WAS OPPOSED TO THE LICENSES. THERE WAS POLICE APPROVAL OF THE APPLICATION. SECONDED BY COUNCILMEMBER DUCK, MOTION PASSED UNANIMOUSLY. (ATTORNEY WYNNE ARRIVED.) 2015 1 4 APRIL 1997 COUNCIL TOOK THE FOLLOWING ACTION ON BIDS: Identification: "WATER METER" Bids to be opened on: March 27, 1997 at: 11:00 A.M. Annual Bid on approximately 750 WATER METERS to be used by the Citv Water Dept. VENDOR: I PRICE. DEL/VERY.- CONSOLIDATED PIPE $26.00 ea. Mobile, AL Schlumberger (Neptune) Stock to 2-Days T-10 U.S. FILTER/DAVIS $27.23 ea. Pensacola, FL Schlumberger (Neptune) 2-Weeks T-10 BADGER METER, INC. $27.74 ea. Milwaukee, WI Badger #RCDL 25 Bronze 2-Weeks HUGHES WATER SUPPLY NO BID Mobile, AL G & C SUPPLY CO Atwood, TN NO BID CENTRAL PIPE SUPPLY Jackson, MS NO RESPONSE It is suggested to accept the bid of CONSOLIDATED PIPE, Mobile, Alabama for the price of $26.00 ea. each with all specifications being met. Mike Rejczyk, Wayne Smith, Water & Sewer Dept. Purchasing Agent COUNCILMEMBER PUCKETT MOVED TO ACCEPT THE LOW BID BY CONSOLIDATED PIPE, PROVIDED ALL SPECIFICATIONS ARE MET. SECONDED BY COUNCILMEMBER JONES, MOTION PASSED UNANIMOUSLY. 2016 14 APRIL 1997 IDENTIFICATION: "DUAL CHECK VALVE" BIDS TO BE OPENED ON: MARCH 27, 1 997 AT: 1 1: 1 5 A.M. ANNUAL BID ON APPROXIMATELY 500 - DUAL CHECK VALVE ASSEMBLIES TO BE USED BY THE CITY WATER DEFT. VENDOR: PRICE: DELIVERY: CONSOLIDATED PIPE $ 1 1.90 EA. MOBILE, AL MUELLER #H- 1 4242 STOCK To 2-DAYS HUGHES WATER SUPPLY $ 12.00 EA. MOBILE, AL WATTS #7U4-3 I O-DAYS TO 2-WEEKS U.S. FILTER/DAVIS $ 15.54 EA. PENSACOLA, FL FORD #HH53 1 -323 1 -WEED CENTRAL PIPE SUPPLY JACKSON, MS NO RESPONSE G & C SUPPLY CO ATwOOD, TN NO RESPONSE IT IS SUGGESTED TO ACCEPT THE BID OF CONSOLIDATED PIPE, MOBILE, ALABAMA FOR THE PRICE OF $ 1 1 .90 EA. EACH WITH ALL SPECIFICATIONS BEING MET. MIKE REJCZYK, WAYNE SMITH, WATER & SEWER DEPT. PURCHASING AGENT COUNCILMEMBER DUCK MOVED TO ACCEPT THE LOW BID BY CONSOLIDATED PIPE, PROVIDED ALL SPECIFICATIONS ARE MET. SECONDED BY COUNCILMEMBER QUINN, MOTION PASSED UNANIMOUSLY. COUNCILMEMBER FORD MOVED TO HEAR THE FOLLOWING BUSINESS NOT ON THE AGENDA. SECONDED BY COUNCILMEMBER QUINN, MOTION PASSED UNANIMOUSLY: COUNCILMEMBER JONES INTRODUCED THE FOLLOWING RESOLUTION IN WRITING, AND MOVED FOR ITS ADOPTION. SECONDED BY COUNCILMEMBER QUINN, MOTION PASSED UNANIMOUSLY: 2017 14 Apri "L 1.997 RESOLUTION NO. ,�'O-q7 WHEREAS, the Owners of Quail Creek Estates Unit 3-A are desirous of having the street 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, 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 have provided to the City Clerk a bond for maintenance of the improvements as required by the City's codes and regulations, and; WHEREAS, the Plat of said Quail Creek 3-A having been recorded in the Probate Records of Baldwin County, Alabama at Slide No. 1718-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 street and the utilities within said Quail Creek 3-A 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 14th day of April 1997. ATTEST: Jam ad Evelyn Phillips,ety lerk s P. Nix, Mayor 2018 4 APRIL 1997 COUNCILMEMBER FORD MOVED TO PAY BILLS AS PRESENTED. SECONDED BY COUNCILMEMBER DUCK, MOTION PASSED UNANIMOUSLY. THERE BEING NO FURTHER BUSINESS TO COME BEFORE THE COUNCIL THE MEETING WAS DULY ADJOURNED AT 5:45 O'CLOCK, P.M.