Baldwin County, Alabama
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File #: 20-0961    Version: 1
Agenda section: Action Items Status: Passed
File created: 3/10/2020 Meeting type: Baldwin County Commission Regular
On agenda: 3/17/2020 Final action: 3/17/2020
Agenda item title: Resolution #2020-072 Amending Resolution #2002-31 and Settlement Agreements - Service Area Amendment for East Central Baldwin County Water, Sewer and Fire Protection Authority
Attachments: 1. Resolution 2020-072 Reducing ECBC WSF Protection Authority Service Area 20200317, 2. Exhibit A - BCC Resolution 2002-31 dated Feb. 19, 2002, with Exhibits 1 and 2, 3. Exhibit B - City of Robertsdale Mediation Settlement Agreement, 4. Exhibit C - Town of Summerdale Settlement Agreement, 5. Exhibit D - Public Notice, 6. Legal Ad GCN, March 11, 2020, Affidavit Proof of Publication, 7. *BA4 - Resolution 2020-072 SIGNED

Meeting Type:   BCC Regular Meeting

Meeting Date:  3/17/2020

Item Status:   New

From: Wayne Dyess, County Administrator

Submitted by:  Anu Gary, Administrative Services Manager

______________________________________________________________________

 

ITEM TITLE

Title

Resolution #2020-072 Amending Resolution #2002-31 and Settlement Agreements - Service Area Amendment for East Central Baldwin County Water, Sewer and Fire Protection Authority

Body

 

STAFF RECOMMENDATION

Recommendation

Related to Case No. CV-2009-901240.80, take the following actions:

 

1)  Adopt Resolution #2020-072, which amends Resolution #2002-31, reducing a portion of the service area granted to East Central Baldwin County Water, Sewer and Fire Protection Authority; and

 

2)  Authorize the Chairman to execute the City of Robertsdale Mediation Settlement Agreement related to Case No. CV-2009-901240.80; and

 

3)  Authorize the Chairman to execute the Town of Summerdale Settlement Agreement related to Case No. CV-2009-901240.80. 

End

 

BACKGROUND INFORMATION

 

Previous Commission action/date:  February 19, 2002 - Agenda Item E-16

 

Background:  On February 19, 2002, the Commission, as required by Section 11-88-5 Code of Alabama 1975, adopted Resolution #2002-31 which granted an application to amend the certificate of incorporation of the East Central Baldwin County Water and Fire Protection Authority to enlarge/expand the service area by adding additional territory to the East Central Baldwin County Water and Fire Protection Authority.

 

 

FINANCIAL IMPACT

 

Total cost of recommendation:  N/A

 

Budget line item(s) to be used:  N/A

 

If this is not a budgeted expenditure, does the recommendation create a need for funding?  N/A

 

 

LEGAL IMPACT

 

Is legal review necessary for this staff recommendation and related documents? 

Yes, Hope Hicks and County Attorney review and approval is required.

 

Reviewed/approved by:  Approved by Hope Hicks 03/11/2020.

 

Additional comments:  N/A

 

 

ADVERTISING REQUIREMENTS

 

Is advertising required for this recommendation?  Yes, see attached affidavit proof of publication. 

 

One-time ad was published in the Gulf Coast Newspapers on March 11, 2020.

 

If the proof of publication affidavit is not attached, list the reason: N/A

 

 

FOLLOW UP IMPLEMENTATION

 

For time-sensitive follow up, select deadline date for follow up:  N/A

 

Individual(s) responsible for follow up:  Administration - Follow up with Hope Hicks. Email copy of fully executed resolution and agreements to:

 

Hope Hicks, Attorney

Ball, Ball, Matthews & Novak, P.A.

(334) 387-7680, Ext 176

Via email:  hhicks@ball-ball.com

 

Cc: Brad Hicks and Nancy Hannah, County Attorney's Office

Wayne Dyess, County Administrator

 

Action required (list contact persons/addresses if documents are to be mailed or emailed):  N/A

 

Additional instructions/notes:  N/A