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Home My WebLink About08-02-1999 Regular Meeting2339 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; 16 I NORTH SECTION STREET; FAIRHOPE, ALABAMA 36532; ON MONDAY, 2 AUGUST 1 999. PRESENT WERE MAYOR JAMES P. Nix; COUNCILMEMBER JOHN V. DUCK, MICHAEL A. FORD, DEBBIE W. QUINN, JEANETTE PUCKETT, WILLIAM H. JONES; CITY ATTORNEY MARION E. WYNNE, AND CITY CLERK GENIECE W. JOHNSON. NO ONE WAS ABSENT. THERE BEING A QUORUM PRESENT, MAYOR NIX CALLED THE MEETING TO ORDER. COUNCILMEMBER PUCKETT MOVED TO APPROVE MINUTES OF THE 26 JULY 1999, REGULAR MEETING. SECONDED BY COUNCILMEMBER QUINN, MOTION PASSED UNANIMOUSLY. COUNCILMEMBER FORD MOVED TO CORRECT THE MINUTES OF 1 4 JUNE 1999. THE FOLLOWING STATEMENT SHOULD READ..........' COUNCILMEMBER FORD ASKED IN GOOD FAITH THAT THE DEVELOPERS OF BOCK CREEK PHASE V WOULD ALLOW THE CITY TO LOOP THE UTILITIES THROUGH A 30 FOOT EASEMENT ON SOUTH DRIVE. MR. Jim TANNER THE DEVELOPER AGREED. SECONDED BY COUNCILMEMBER JONES, MOTION PASSED UNANIMOUSLY. COUNCILMEMBER PUCKETT INTRODUCED IN WRITING, THE FOLLOWING RESOLUTION. COUNCILMEMBER JONES MOVED THAT UNANIMOUS CONSENT BE GIVEN FOR IMMEDIATE CONSIDERATION OF AND ACTION ON THE SAID RESOLUTION. SECONDED BY COUNCILMEMBER QUINN, MOTION FOR CONSENT PASSED UNANIMOUSLY BY THE FOLLOWING VOTE: AYE -DUCK, FORD, QUINN, NIX, PUCKETT AND JONES. NAY -NONE. COUNCILMEMBER PUCKETT MOVED FOR FINAL ADOPTION OF SAID RESOLUTION'. SECONDED BY COUNCILMEMBER DUCK, MOTION FOR CONSENT PASSED UNANIMOUSLY BY THE FOLLOWING VOTE: AYE -DUCK, FORD, QUINN, NIX, PUCKETT AND JONES. NAY -NONE. 02 August 1999 2340 RESOLUTION NO. 651-99 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 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: 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 $1,905,000 aggregate principal amount of Utilities Revenue Warrants, Series 1999, dated June 1, 1999 (herein called the "Series 1999 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 1999 Warrants to the purchaser thereof, and make the following recitals preliminary to the issuance of the Series 1999 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 1999 Warrants have been sold and shall be delivered is The Frazer Lanier Company Incorporated; (3) the Series 1999 Warrants are to be issued by sale and none thereof is to be issued by exchange; (4) the sale price of the Series 1999 Warrants is $1,879,689.30 (which reflects an original issue discount of $8,165.70 and an underwriting discount of $17,145) plus accrued interest on the Series 1999 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 02Au•,ust 1999 2341 $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 $3,415,000, and $7,735,000 aggregate principal amount of Utilities Revenue Warrants, Series 1997, dated March 1, 1997, which were issued under the First Supplemental Indenture dated as of March 1, 1997, and all of which are now outstanding; and (6) the Series 1999 Warrants are to be issued for the purpose of (a) paying the costs of acquiring and constructing water and sanitary sewer line extensions, a water well and such other improvements as the Council may} determine to be necessary and desirable, (b) providing for the debt service reserve fund under the 1996 Indenture, and (c) paying the costs related to the issuance of the Series 1999 Warrants, including the premium for municipal bond insurance. ADOPTED this 2nd day of August, 1999. Mayor Attest: City Clerk • 2 AUGUST 1999 2342• COUNCILMEMBER DUCK INTRODUCED IN WRITING ORDINANCE NO. 1063. AN ORDINANCE AUTHORIZING THE ISSUANCE OF THE CITY'S 1,905,000.00 PRINCIPAL AMOUNT OF UTILITIES REVENUE WARRANTS, SERIES 1999, DATED JUNE 1, 1 999. IN ORDER TO TAKE IMMEDIATE ACTION COUNCILMEMBER DUCK MOVED TO SUSPEND THE RULES. SECONDED BY COUNCILMEMBER FORD MOTION TO SUSPEND THE RULES PASSED UNANIMOUSLY BY THE FOLLOWING VOTE: AYE -DUCK, FORD, QUINN, NIX, PUCKETT, AND JONES. NAY -NONE. COUNCILMEMBER DUCK THEN MOVED FOR FINAL ADOPTION OF ORDINANCE NO. 1063. SECONDED BY COUNCILMEMBER QUINN, MOTION FOR FINAL ADOPTION PASSED UNANIMOUSLY BY THE FOLLOWING VOTE: AYE -DUCK, FORD, QUINN, NIX, PUCKETT, AND JONES. NAY -NONE. COUNCILMEMBER JONES INTRODUCED IN WRITING ORDINANCE NO. 1064. AN ORDINANCE PROVIDING FOR THE ISSUANCE OF $4,030,000.00 PRINCIPAL AMOUNT OF GENERAL OBLIGATION WARRANTS OF THE CITY OF FAIRHOPE, ALABAMA. IN ORDER TO TAKE IMMEDIATE ACTION COUNCILMEMBER QUINN MOVED TO SUSPEND THE RULES. SECONDED BY COUNCILMEMBER JONES MOTION TO SUSPEND THE RULES PASSED UNANIMOUSLY BY THE FOLLOWING VOTE: AYE -DUCK, FORD, QUINN, NIX, PUCKETT, AND JONES. NAY -NONE. COUNCILMEMBER JONES THEN MOVED FOR FINAL ADOPTION OF ORDINANCE NO. 1064. SECONDED BY COUNCILMEMBER FORD, MOTION FOR FINAL ADOPTION PASSED UNANIMOUSLY BY THE FOLLOWING VOTE: AYE -DUCK, FORD, QUINN, NIX, PUCKETT, AND JONES. NAY -NONE. COUNCILMEMBER DUCK MOVED TO APPROVE THE REQUEST FOR CHANGE ORDER # I , BY JAMES BROS. EXCAVATING, INC., AN INCREASE OF $5,923.00. SECONDED BY COUNCILMEMBER QUINN , MOTION PASSED UNANIMOUSLY. JAMES GILLESPIE ADDRESSED THE COUNCIL REQUESTING PERMISSION TO TURN THE UNPAID UTILITY BILLS OVER TO ARMSTRONG & ASSOCIATES, A COLLECTION AGENCY. SUCH ACTION WILL BE TAKEN AFTER EVER EFFORT OF COLLECTING THE UNPAID BALANCES HAS BEEN EXHAUSTED, AND UPON ON NINETY (90) DAY PAST DUE. COUNCILMEMBER FORD MOVED TO GRANT THE REQUEST. SECONDED BY COUNCILMEMBER PUCKETT, MOTION PASSED UNANIMOUSLY. 2 AUGUST 1999 2343 MS. HECTOR H. SUTHERLAND A RESIDENT OF FAIRHOPE OFFERED THE FOLLOWING SUGGESTIONS TO THE COUNCIL: TO PLACE A 4-WAY STOP AT SOUTH CHURCH STREET AND KIRKMAN LANE, AND A 3-WAY STOP AT PECAN AVENUE AND SOUTH CHURCH STREET. MAYOR NIX ASSIGNED THIS ITEM TO THE STREET COMMITTEE (CHAIRMAN COUNCILMEMBER JONES) AND TO REPORT BACK TO THE COUNCIL AT THE NEXT REGULAR COUNCIL MEETING. MR. Jim ROBERTSON ADDRESSED THE COUNCIL REQUESTING PERMISSION TO FOR THE FAIRHOPE HIGH SCHOOL BAND TO HOLD THEIR SECOND ANNUAL FALL FESTIVAL AT THE FAIRHOPE COMMUNITY PARK, ON SATURDAY, OCTOBER 30TH AND SUNDAY, OCTOBER 3 1 ST, 1 999. THE FOLLOWING STREET WILL BE BLOCKED OFF: CHURCH STREET IN FRONT OF K- I CENTER AND MORPHY STREET ALONG THE SOUTH EDGE OF THE PARK. COUNCILMEMBER FORD MOVED TO GRANT THE REQUEST PROVIDED THE BLOCKING OF MORPHY STREET IS APPROVED BY THE CHIEF OF POLICE. SECONDED BY COUNCILMEMBER DUCK, MOTION PASSED UNANIMOUSLY. MAYOR NIX RECOGNIZED THE FOLLOWING BOY SCOUTS FROM TROOP 447. ADAM WATERSON WORKING ON HIS CITIZENSHIP COMMUNITY BADGE AND DAVID HOLIDAY WORKING OF HIS EAGLE BADGE. THERE BEING NO FURTHER BUSINESS, MEETING WAS DULY ADJOURNED AT 5:46 P.M. /: Nn JAMES% P. NIX, MAYOR .eV r'ow. IN)". � - %�7 1:16-7414v 4--