(3) Unmarked Police Cars to Kilpatrick Chevrolet of Opelika on their

Transcription

December 5, 1989
The
date
City Council of the City of Opelika met in regular session
in the Council Chambers at City Hall.
on the above
J. Miles Thomas, President
PRESENT AND PRESIDING:
John A.
COUNCILORS PRESENT:
Harris,
George Bandy,
Carlton
E.
Hunley, Rainer
Meadows
None
COUNCILORS ABSENT:
Ll
Mr. Thomas called the meeting to order at 7:02 p.m. and Rev. W.L. Lockett,
Hardaway Street Church of God, gave the invocation.
Mr. Thomas
invited
all
present to
join in
the Pledge of Allegiance.
Mr. Hunley moved to defer the approval of the Nov. 21, 1989 minutes
until
the
next regular Council meeting, December 19th.
REMARKS BY MAYOR
Upon recommendation by Mayor Freeman and Chief Davis, Council approved a Toys
for Tots run by the Wingmen Motorcycle Club to be held on December 10, 1989
beginning at 1:00 p.m.
Mayor Freeman presented a Proclamation in support of MADD. He stated that
a candlelight vigil will be held on December 11, 1989 at 7:00 p.m. at the
Civic Center at the Village Mall in Auburn. Mr. Ronald Braxton, President
of the local chapter of
MADD,
accepted the Proclamation.
AWARDING OF BIDS
Upon recommendation by Ronald Dunson, Mr. Harris moved to award the bid for
Cab and Chassis for the Light and Power Dept. to Fuller Ford—Chrysler of Opelika
on their low bid of $24,803.49. The motion was seconded by Mr. Hunley.
f'\
VOTING AYE:
VOTING NAY:
Harris,
Bandy, Thomas, Hunley, Meadows
None
Upon recommendation by Ronald Dunson, Mr. Meadows moved to award the bid for
Copy Machine for City Hall to Southern Copy Systems on their bid of $6,372.00,
the low bid when considering
factors over a three year period of time.
The motion was seconded by Mr. Harris.
all
VOTING AYE:
VOTING NAY:
Harris,
None
Upon recommendation by Ronald Dunson, Mr. Bandy moved
to award the bid for
(3) Unmarked Police Cars to Kilpatrick Chevrolet of Opelika on
of $36,250.19. The motion was seconded by Mr. Hunley.
VOTING AYE:
VOTING NAY:
A copy
Harris,
their low bid
None
of the bid tabulation sheets is
made a
part of the minutes
as ITEM NO.
1.
RESOLUTIONS
The
following resolution
was
introduced by Mr.
RESOLUTION NO.
Change Order
-
Dixon
&
Thomas and read by Mr.
Gunter:
174-89
Murphy, Inc.
Misc. Sewer Interceptors
A copy of which is hereto
Attached as ITEM NO. 2
it
After said resolution had been discussed in full by Council,
was moved by
Mr. Meadows that said resolution be adopted. The motion was seconded by Mr.
Hunley. The question being put as to the passage of said motion and the adoption
of said resolution, the roll was called with the following results:
VOTING AYE:
VOTING NAY:
Harris,
None
7
The
was
introduced by Mr.
RESOLUTION NO.
Change Order
Misc.
A
copy
Thomas and
read by Mr. Gunter:
175—89
- Dixon & Murphy, Inc.
Sewer Interceptors
of which is hereto
Attached as ITEM
NO.
3
After said resolution had been discussed in full by Council, it was
Hunley that said resolution be adopted. The motion was seconded by
The
question being put as to the passage of said motion and the adoption of said
resolution, the
VOTING AYE:
VOTING NAY:
The
moved by Mr.
Mr. Meadows.
roll
Harris,
was
called with the following results:
None
was
introduced by Mr.
Thomas and
read by Mr. Gunter:
RESOLUTION NO.176-89
Change Order
—
P.F. Moon - Eastside Wastewater Plant
After said resolution had been discussed in full by Council, it
Bandy that said resolution be adopted. The motion was seconded
The
question being put
resolution, the
VOTING AYE:
VOTING NAY:
The
roll
Harris,
as to the passage
was called with the
was moved by Mr.
by Mr.
Harris.
of said motion and the adoption of said
following results:
None
was
introduced by Mr.
Gunter:
RESOLUTION NO. 177-89
To Vacate Roadway — 16th Street
A
copy of which is hereto
Attached as ITEM N0. 5
After said resolution had been discussed in full by Council, it
Bandy that said resolution be adopted. The motion was seconded
was moved by Mr.
by Mr. Hunley.
The
question being put as to the passage of said motion and the adoption of said resolution,
the
roll
was
VOTING AYE:
VOTING NAY:
The
Harris,
None
was
introduced by Mr.
RESOLUTION NO.
Thomas and
read by Mr. Gunter:
178-89
Travel Advance
OPD
—
A
Attached as
ITEM NO.
6
moved by Mr.
Mr. Bandy.
The
question being put as to the passage of said motion and the adoption of said resolution,
the
roll
was
VOTING AYE:
VOTING NAY:
The
Harris,
None
was
introduced by Mr.
RESOLUTION NO.
Thomas and
read by Mr. Gunter:
179—89
Travel Advance - OPD
The
question being put
resolution, the
VOTING AYE:
VOTING NAY:
roll
Harris,
None
as to the passage
was called with the
moved by Mr.
Mr. Meadows.
of said motion and the adoption of said
following results:
/fl
The
was
introduced by Mr.
RESOLUTION NO.
Gunter:
180-89
Warranty Deed of Gift — Shady Park
After said resolution had been discussed in
Mr. Hunley that said resolution be adopted.
full
by
Council,
it
was moved by
motion was seconded by Mr.
of said motion and the adoption
The
passage
the
question
being
put as to
Bandy.
with
the following results:
of said resolution, the roll was called
VOTING AYE:
VOTING NAY:
The
Harris, Bandy,
The
Thomas, Hunley, Meadows
None
introduced by Mr.
was
Gunter:
PROPOSED RESOLUTION
Agreement
After said resolution
with
Salem Waste Disposal Center,
had been discussed
in
full
Inc.
presentation
Disposal Center, Inc.,
until the next regular
motion was seconded by
by Council and
made by Mr. Rock Payne, representative of Salem Waste
was moved by Mr. Meadows to table said resolution
Council meeting to be held on December 19, 1989. The
it
Mr. Bandy.
VOTING AYE:
VOTING NAY:
Harris,
None
ORDINANCES
The
following ordinance
introduced by Mr.
was
ORDINANCE NO.
A
Thomas and
read by Mr. Gunter:
131—89
Policy on Promotions
Attached as
ITEM NO.
9
After said ordinance had been discussed in full by the Council, it
by Mr. Hunley that said ordinance be placed upon its final passage
was moved
and adopted.
motion was seconded by Mr. Bandy. The question being put as to the adoption
of said motion and the final passage of said ordinance, the roll was called
with the following results:
The
VOTING AYE:
VOTING NAY:
The
Harris,
None
following ordinance
was
introduced by Mr.
ORDINANCE NO.
Thomas and
read by Mr. Gunter:
132—89
Levying Additional License
After said ordinance had been discussed in full by the Council, it
by Mr. Hunley that said ordinance be placed upon its final passage
was moved
and adopted.
motion was saxxmed ue.Meadows. The question being put as to the adoption
of said motion and the final passage of said ordinance, the roll was called
with the following results:
The
VOTING AYE:
VOTING NAY:
The
Harris
following ordinance
was
introduced by Mr.
ORDINANCE NO.
Gunter:
133—89
Revocation of License
After said ordinance had been discussed in full by the Council, it was moved by Mr.
Harris that said ordinance be placed upon its final passage and adopted. The
motion was seconded by Mr. Hunley. The question being put as to the adoption
of said motion and the final passage of said ordinance, the roll was called with
the following results:
//
VOTING AYE:
VOTING NAY:
The
Harris,
None
following ordinance
was
introduced by Mr.
ORDINANCE NO.
Disciplinary Action
A copy
&
Thomas and
read by Mr. Gunter:
134—89
Appeal Procedure
of which is hereto
Attached as ITEM
NO.
12
After said ordinance had been discussed in full by the Council, it was moved by Mr.
Harris that said ordinance be placed upon its final passage and adopted. The motion
was seconded by Mr. Hunley.
The question being put as to the adoption of said motion
and the final passage of said ordinance, the roll was called with the following results:
VOTING AYE:
VOTING NAY:
At
this time
Harris,
None
Mayor Freeman announced that citizens have 10 days to respond to the
was held on Nov. 30th at the Opelika High School regarding
Etowah Bridge.
public hearing that
construction of the
CITIZENS COMMUNICATIONS
Mr. David Goolsby came before Council and encouraged
officials for
the benefit of the entire
city.
citizens to work with city
ADJOURN
There being no
further business to
to adjourn at 8:20 p.m.
VOTING AYE:
VOTING NAY:
Harris,
The
motion
come
was
before the Council,
it
was moved by Mr. Hunley
seconded by Mr. Bandy.
None
iles
.
'
y
Thomas, Council
President
of Opelika
~_J
ZZW
ATTEST:
Zane E.
Burleson
City Clerk
1‘
#/
CITY OF OPELIKA
P.O.
BOX 390
OPELIKA, ALABAMA 36802
INTER-OFFICE
TO:
MAYOR FREEMAN
FROM:
RONALD
[\SUBJECT:
\ ......
F.
DUNSON
MEMORANDUM
DATE:
/I,,
%
x
7!
CAB AND CHASSIS FOR
LIGHT AND
POWER
DECEMBER
1
REQUIRES IMMEDIATE ACTION
REQUIRES ACTION
FOR YOUR INFORMATION
REQUISITION # 3877—11-17
MESSAGE
A;
Bids were opened on November 28, 1989, for the purchase of one (1)
Invitations to
new cab/chassis for the Light and Power Department.
bid were mailed to the 17 vendors on the bid list for this item with
10 bids being received.
After review of the bids by Mark Ennis and based on his
recommendation, I recommend the bid be awarded to Fuller Ford-Chrysler
of Opelika on their low bid of $24,803.49.
,
q
‘(3 ICT Y'
REF'URT
0 F-
F'
0
ui/
IIQIEJJLIES‘I‘EIIII
SESEZALJEIIIIIHIEIB
01""
I
E l“
PA“m1
L
mxuoow
l‘\'
RELOUISITIUN NUHBEIK’I 3877-11-17
OF‘ENEII 0N! NOVEMBER 28, '1939
Slur-NLIE [I HIDE”; TU HE
F‘F'F'FT-R'El‘lt)
'i'
!
_
.......__...___........ ......"
liIEF‘ARTMENT!
LIGHT
5,
pon
L990 CAB AND Cll,A§.$.;L§__...H._-...._
mxu DESCRIPTION1-}WEJEH“W___“_mu_-n_
/\
K,
qnom
/
TOTAL
BIDDER NAME:
1'41 L'l
fiMOUNT:
TERMS!
CQQ.._.._.A_...._
ANDALUSIA MOTOR CO
-.....120.“ Days.“._.......
.
BENCE & MORRIS MOTORS
...... (201)...._.,___
COLUMBUS TRUCK SALES INC
*
IUERY!
.Mathi%m
CRANE CARRIER
FREEWAY FORD JEEP EAGLE
FULLER FORD CHRYSLER INC
HEARD CHEVROLET,
/
’
A
N19._.......__
......_.12.0...Daya___”_.
_-_EQEQ.-“
____._—.—‘
W
wish
INC,
__________.__—-——-,——'.
KILPATRICK CHEVROLET
\
-éQlEYi____
BILL
INGRAM EQUIPMENT INC
.
..... NED—..--...__
H
E
25'63fis99_
’—
/
KIMBERLING TRUCK PMTS C0
.. _. _ .. ... ... ... ......_, .....
KING FORD CHRYSLER
'
Nlll...._.___.
"___§L392@2_
L0NG4LEw15 FORD
PARKWAY DODGE INC
**
TRANS POWER
--.--.NLQ._._..7.-._
_._. .6.Q:9.0__Da.y.s._._
$-1ehm13mimw
TRUCKS
10, D_a_y_S.._._..._
INC.
PIRSCH COMPANX, 25153
.
* Alt Columbus Truck Sales
** Alt Southetland Inteynational
/\
.....“255420 -Days...
_._._._Z.6..»J.Q.L.,Z§._.
___A2r.1.l.lu.J_930
__.__2§LRZ,Q-_0£L
28,362.20
Feb . 1990
CITY OF OPELIKA
P.O. BOX 390
INTER-OFFICE
TO:
MAYOR FREEMAN
FROM:
RONALD
SUBJECT:
F.
MEMORANDUM
A.
DATE:
DUNSON
3
COPY MACHINE FOR
CITY HALL
'Requisition
#
3;}!a
39, 12§2
REQUIRES ACTION
3965-11-121
purchase of one (1)
Department at City Hall.
for
to bid were mailed to the 10 vendors on the bid
Bids were opened on November 28, 1989,
new copy machine
Invitations
this item with
for the Administration
10
for the
list
bids being received.
THREE YEAR COST ANALYSIS BASED ON 15,000 COPIES PER MONTH
‘E
METRO
STUCKEYS
SOUTHERN
BERNEY
WALLER
MONROE
$6,450.
$7,895.
$6,372.
UNIT COST $6,220. $6,940. $5,715.
TONER
DEVELOP
MAINT.
EXC COPY
708.
307.
1,848.
2,169.
1,917.
O.
0.
379.
3,684.
3,936.
3,060.
3,168.
1,584.
1,600.
1,680.
900.
1,269.
270.
'
4,500.
3,600.
2,980.
1,590.
3 YEAR
“N“W
$15,995 $12,559
Total Cost $14,855 $13,436 $12,636 $11,948
The initial cost of the copier, maintenance contract cost, and cost
of supplies (toner and developer) for each copier bid was analyzed,
Mr. shuman and
for a three year period of time. After analysis by
awarded to
be
bid
the
recommend
I
recommendation,
based on his
is the low bid
This
$6,372.00.
of
bid
their
on
Southern Copy Systems
time and the
of
period
three
year
a
over
-when considering all factors
specifications.
machine meets or exceeds
m.
cm ‘01“ 01:13l
PAGE
1
‘REPORT OF SEA-LED BIDS REQUESTED
REFIERENCE:
REQUISITION NUMBER:
SEALED BIDS TO BE OPENED ON :
#3965-11—121
NOVEMBER
28, 1989 AT 2:00
PM
ADMINISTRATION
I pEPARTMENT:
:ID DESCRIPTION:
(1) copy
MACHINE
kk/
TOTAL BID AMOUNT:
VENDOR/BIDDER NAME:
um
$
5,715.00
N30
30 Daxs
$
8,990.00
N30
10 Days
HARRIS 3M
MONROE SYSTEMS FOR BUSINESS
$
6,220.00
N30
BERNEY,
**
DELIVERY:
$15,428.00
ALABAMA OFFICE SUPPLY
a.
m:
INC.
MONTGOMERY
OFFICE EQUIP. co.
._
.
$
5,955.00
N30
SOUTHERN COPY SYSTEMS
$
6,372.00
STUCKEYS OFFICE PRODUCTS
$
7,895-00
N50
$
7,628.00
N30
./ \
’WALLER BROTHERS, INC.
N0
WHITE COMPANY, THE
*
Alt.
** Alt.
Barney, Inc.
Montgomery
Office Equipment
BID OPENING, CLOSED
WITNESS/ES:
15 Days
———————
PROFESSIONAL BUSINESS
'\,
JA__ls_.__Da
139?—
__5__D_aXS___
flL‘
1£L2§x§_______
_______._._
BID
$
5,920.00
_Ij_3_9_____
$
6,450.00
_Ifl0_____
AT:____:____AM/PM
ORGANIZATION:
_Zig_D_a_x_s____
M—
CITY OF OPELIKA
P.O. BOX 390
INTER- OFFI CE
TO:
MAYOR FREEMAN
FROM:
RONALD
SUBJECT:
F.
DUNSON
flflf)
W
U
3 UNMARKED POLICE CARS
MEMORANDUM
DATE:
X
NOVEMBER 29, 1989
REQUIRES ACTION
REQUISITION # 4094—11—16
Bids were opened on November 28, 1989, for the purchase of three (3)
The
new unmarked police cars for the Police Department.
specifications called for the trade--in of two (2) cars. Invitations
to bid were mailed to the 8 vendors on the bid list for this item
with 2 bids being received.
After review of the bids by the Police Department and based on their
recommendation, I recommend the bid be awarded to Kilpatrick
Chevrolet of Opelika on their low bid of $36,250.19.
‘c;
...'r
I'
0
Y
I-‘-
o
r—'-
[—1
l..
;‘
p
Ibfihmft
A
01/
1
HIUOOB
REPORT OF SEALEH BIDS HEGUES'EL
REF“ 'R‘EBHIJEK
mm:
SEALED
REQUISITIUN Nun‘mm
TO BE OF‘ENELI 0N:
1,094-11-”
NOVEMBER
23, .1989
DEPARTMENT! POLICE
HID IIIEISCRIF'TION!
\/
/
VENDOR
PU
Qii_§.E...0.F__3_.WRKED-.LQQH_EDILCE.AUIOMDBILES.HJL'ULIRADE=DL.DE..2__‘...‘.....4._
BIDDER NAME:
W
WE
BENCE
&
TUTflL BIH AHUUNTI
MORRIS MOTORS INC.
FREEWAY FORD JEEP EAGLE INC
_______-——-——————
FULLER FORD CHRYSLER
....4.._4.L;9.oaflqn__
_-_”._CDD_..._....__
_.._.3_64.25.0..‘19._
KING FORD CHRYSLEE
LONG-LEWIS FORD
PARKWAY DODGE INC
.. ... .. __._‘._............
_4.—-_-—-‘-—.i——;.—u
RESOLUTION NO.
1
22'
£32
the City of Opelika has contracted with Dixon
Inc. for construction of the Miscellaneous
Interceptor Project;
WHEREAS
and Murphy,
of
Converse Inc. has recommended approval
the attached Change Order No.
to that contract.
WHEREAS, BCM
I
\
K;
NOW,
THEREFORE BE
l
IT
by the
Change Order No.
RESOLVED
the City of Opelika that
that the Mayor be authorized to sign
DONE AND APPROVED
this
1989.
—1
g
all
City Council
1
Of
be approved and
copies.
day of
”114225“
5
Miles Thomas, President
-elika City Council
ATTEST:
Zane E.
{\
‘\
I
,\
Burleson, City Clerk
,
‘
fl
Environmental Protection Agency
US
.
Date
'
.
OPELIKA, ALABAMA
Contract No.
05-1112—88 MISCELLANEOUS INTER.
Change Order No.
ONE (10
(Contractor)
DIXON
2550
MURPHY,
&
-
INC.
‘
DRIVE
BIRMINGHAM, AL 35217
You
7v
Location
CONTRACT CHANGE ORDER
~
To
My
16, l989
NOVEMBER
Prgjecc No.
‘
CONE
are hereby requested to comply with the following changes from the contract plans
and
specifications:
Description of changes-quantities, units
unit prices, change in completion schedule,
etc.
Item
No.
‘\ ’(1)
Decrease in
Increase in
contract price
contract price
(3)
(2)
(A)
Total Contract
f“‘
71)
PIPE, DEPTH 20'-22‘
66 LiF.
$35.25 L.F.
8" D.I. SEWER PIPE, DEPTH 22'—24'
28 LF.
$43.00 L.F.
15" V.C. SEWER PIPE, DEPTH 16'-18'
80 L.F.
$35.50 L.F.
15" V.C. SEWER PIPE, DEPTH 18'—20'
94 LP.
$41.00 L.F.
15" x 6" WYE OR TEE — 6 EACH
$200.00 EACH
8"
18'—10'
DEPTH
SEWER
D.I.
PIPE,
DELETE
$33.00 L.F.
94 L.F.
DELETE 15" V.C. SEWER PIPE, DEPTH 10'—12'
174 L.F. @ $25.00
8"
D.I.
SEWER
,
72)
2,326.50
$
@
1,204.00
@
73)
74)
2,840.00
-
@
~
3,854.00
1,200.00
@
75)
28)
@
$
@
18)
Change
in contract price
due
4,350.00
to this Change’Order:
Total decrease
Total increase
Difference between Col. (3) and (4)
Nec(increase)ééeeeeese) contract price
(add additional sheets if necessary)’
Total
Eligible
3,102.00
7,A52.00
S
XXXXXXXXXXXXXXXXXX
XXXJGKXXXW$
‘
$
S
$
S
'
11,424,50
3,972.50
3,972.50
fl
N/A
'
Change
in contract price
due to
this
Change
Order:
,
'
XXXXXXXXXXXXXXDGIX
Total decrease
3
3
XXXXXXXXXXXXXXXXX$
Total increase
Difference between Col. (3) and (4)
S
S
Net(increase)(decrease) contract price
$
$
The sum of $ 3,972.50 , is hereby (added to)(HEMfiXX£mQflfldn) the total contract price,
and the total adjusted contract price to date thereby is $ 769:890-00 ,'
The time provided for completion in the contract iséunnhmnggd&(increasedKfifiEfiKflEfléflD by
This document shall become an amendment to the contract and
60
__ calnndar days.
fill provisions
of the'contract will apply hereto. Liquidaced damages will be assessed
(time extensions changing the project
_yes/no_X$/da
____'I?ota1 5
or budget period will require a grant amendment). No contract change orders will be.
binding upon the Environmental Protection Agency without approval in writing by EPA i
accordance with AG CFR 35.935-11 and 35.938-5.
_
i-
.
Recommended by
”1 L‘—
M
Architect/Engineer
WINEERS
IN
M
Accepted by
.Contractor
DIXON
&
0
MURPHY,
N' M' ’7”
Date
.
//
L’
2
Date
INC.
Approved by
Owner
CITY OF OPELIKA, ALABAMA
-
Date
.
Certified/Approved by
EPA
1.11m.u.»4.
Amp
...—
(
(Corfis of Engineers)
Date
'
~.
JUSTIFICATION FOR
CHANGE
Project
No. C-010488-06 CONTRACT
Conttract No.
BCM PROJECT
NO.
05— 111'2— 88
Change Order No.
1.
Necessity for change:
(attach adequate documentation
con-upondancs. Ice.)
‘
‘
Is proposed change
2.
If
-
alternate bid?
alter
.
the physical size of the
__/__/
'
’
yes
LXI no
__
/_/
,
'
'Effect of this change
1;.
(1)
maps, drawings,
SEE ATTACHMENTS
an
3. ,,_Will proposed change
pro1ecc?
"yes, " explain.
ONE
——
yes
LOV-
other prime contractors:
on
N/A
5.
Has
6.
"111
_
7.
consent of surety been pbtained?
L\I
this change affect expiration or extent of
insurance coverage?
If "yes," will the polgtciga~ be extended?
Effect: on operation
"
and maintenance
'
-
NONE
costs;
/—7
_L
yes
M
not necessary
yes'
flL/
no
no
yes.
B
Memorandum
File
DATE:
11/14/89
Opelika, Alabama
Miscellaneous Sewer Infierceptors
BCM Project No. 05—1112-88
Wayne Morgan
:
60 DAY TIME EXTENSION
Murphy, Inc. has requested a sixty (60) day time
extension which he claims is necessitated by delays caused by
unseasonable heavy rainfall during the months of June & July
1989.
Dixon
&
Attached are copies of the records kept by the National
office at Auburn niversity (approximately 5
to 8 miles southwest of the proje t) which show that rainfall
during June 1989 totaled 11.54 inches (7.69 inches above
normal), and during July 1989 rainfall totaled 7.58 inches
(1.84 inches above normal).
Weather Service
Based on this information we feel a minimum 30-day
extension is justified due to delays caused by excessive rain
and wet site conditions.
of the 60-day extension requested by
by the following:
At the request of Public Works Director, Mr. Jack
White, the Contractor moved a crew to Williamson
Avenue in early July and made the tie-ins required at
that location so that an existing 8" line that
conflicted with a new double 4' x 6' culvert being
installed by the Public Works Department could be
The remaining
the Contractor is
1.
30
days
justified
abandoned and removed.
2.
The grades on the 15" Upper Pepperell Creek
interceptor from Sta. 272+35 to Sta. 284+13 (1,178
L.F.) were lowered, requiring much deeper cuts, when
was discovered that the line was not going to be
deep enough for a future tie-in across Pepperell
it
Creek.
JBE
KRM
,-
,,
J
,
,‘J
_
Nétionai Neafhé? Service
SE As Weather Service Center, Auburn.
AL
Dailv Néather Observations For: Auburn
1939
(AG)
ALABAMA
AIR TEMPERATURE
DATE
7/
1
7/
7/
7/
7/
‘7’
2
3
4
5
6
7
7
.?7/
?
9
.
7/
35
82
71
7S
—1
63
—4
81
71
83
7O
75
76
77
a
70
77
-3
-2
-2
71
78
-1
74
72
31
31
80
30
1
2
7/10
88
71
71
7/11
?0
71-
81
7/12
7/13
7/14
7/15
?0
7O
91
be
b9
30
80
73
77
78
75
75
77
79
74
75
76
78
78
33
30
"//16
7/17
7/18
7/19
7/20
7/21
7/22
7/23
7/24
7 25
36
83
35
82
84
35
37
80
80
84
85
86
?2
89
71
70
67
65
68
7O
63
7O
63
7O
7O
74
7/26
7/27
71
7/23 Q1 70
7/29 92 71
7/30 92 72
'7/31 92 71
‘
GDD
350 PRECIP
13 28
.19
33 53 1.07
49 7?
.23
5b 106 1.11
ES 133
.éO
MAX MIN AVG DFN £60
Hishest=
“
1
1
O
.
. -_2
-r
—
31
82
82
82
M
0.1
O
W
MI-
H
h)
5:7
.OO
?O
oo
73
. 47
91
(in
-4.2
426 6&6
444 6?4
467 727
p.
03 \'
8
500
552
574
S
DFN=
90
as
35
89
.03
.57
.00
.00
.00
.
Q U! V
.OO
73
820
352
384
.00
.00
.00
.00
?1
90
97
?6
98
100
103
105
“’75
31
75
76
77
75
76
74
74
76
77
79
79
80
33
94
34
80
Bi
84
SOLAR
ENERGY
3619
4502
3343
3149
4103
4-740
’JprJ}Ab-AMV‘-I4,
H‘tconmcna
NH
'21:”?
to
H,.»..
.
{-3
13-3
81
32
33
33
87
38
3?
?0
?2
95
degrees F):
86.4
92 Lowest=
7.58
.92
.
.
Mean Minimum=
DFN=
70.1
+1.6
Averase=
DFN=
S
PRECIPITATION STATISTICS
Tota1=
01-:.
AIR TEMPERATURES
Mean Maximum=
DFN=
.09
.13
.00
.09
.00
.05
.00
.17
161
101
2 ‘
2
4 INCH SOIL
VEB
MAX MIN MEAN EVAF NET
92 78 SS .15
2
89 75 S2 .23 12
85 76 81 .13 18
.20 19
37V 75 32
39 76 33 .15 16
1?O
76 33
2
’
'
?1
79 E?
92 73 35
Q4
78 36
95 79 3
99 80 Q0
100 79 ?0
102 79 91
95 77 3e.
912
78 as
2.3
77 33
(inchgs):
+1.84
Greatest Daiiv=
SOIL TEMPERATURES (in degrees F):
Hishe5t= 105 Lawest= 74 Averase=
1.11
35
AVERAGE DAILY VALUES:
Pan Evaporation= .21
(in) Haurs'aF Net Vesetation=
Solar Enersv= 5003.0 (w/Sq M vstdv)
Potential evaFotranSPi*ation (PET): .16 (in)
v
Nati’dna1 weatr.
3E As Heather
e
w
Service Center, Auburn,
AL
Dailv Heather Observations For: Auburn
1?39
(AG)
ALAEQMA
AIR TEHPERATURE
DATE
1
EDD
MAX MIN AVG UFN B60 EEO FR‘EIIIF
81
6
21
:1
.00
2
3
4
5
5
SO
5
e,
4;
7
i
.00
.00
41
4
E1
:30
1
4
100
1
1 11
1
1
I.
.
4 INCH SCIIL
MHX MIN MEAN L
U9
ENERGY
77
100
QC»
0
‘
71
7
‘
71
fir"!
TIE:
77
7b
U
4
A
5
7
c
71
7w
,¢
0
73
-1
74
L9
n
L9
70
72
~5-
_7
.
éé
b4
68
6?
70
'Q
7O
70
74
3
74
77
77
73
c-:-
77
7O
72
63
/
1
SOLAR
7:3
E:
\
_
71
.,
69
100
71
94
7Q
73
7:
;
\
191R TEMPERAT
Mean Maximum=
5
F):
.n Minimum:
DFN=
\.
1.
?RECIPITQTIDN STATIST
Total:
11.54
DFN=
Greatest Dailv=
.6?
2.73
Rain Davs= 15
SOIL TEMPERATURE”
st: 100 Lowest
Pu are
AV:_ RAG_
Pan .TaP _
.
."2 (Jn)
(N/Sq
‘
Hours of Net Vegetation: 12.1
M
vstdv)
P‘Wentia1 evapotranspiratian (PET)= .15
(in)
r
'
,zkECD
BOWENQNEE.WC
MONWOMWY
001
m
4{
4
1989
COS—Y TO‘
ecu M051T/
" \
'
'
.
/
.—”)
"l
DIXON AND MURPHY, INC.
do!
-
v’
GENERAL CONTRACTORS
2550 CONE DRIVE
BIRMINGHAM. ALABAMA 35217
(205) 849-5073
August 31 , 1989
B.C.M. Converse Inc.
P.O. Box 230250
Montgomery, Alabama 36123
City of Opelika,
Alabama
Miscellaneous Sewer Improvements
B.C.M. No. 05-1112-88
Dear
on
Sirs:
Due to an unusual amount of rainfall during the
this project has been severly hampered.‘
As
so high
months
of June
and
July our production
realize, even though the rains have subsided, the ground water table is
that working conditions are slowed.
you
At this time
extension.
we
would appreciate your consideration in granting
sixty
160)
still
days time
Sincerely,
\
/.A.
DIXON AND
WM.“
W,
Murphy, INC.
Allen Murphy
/
Ben
REC'D
\
ENGINEERS, INC.
MONTGOMERY
ST?
m
6
1969
COPY TO:
My:
BCM
[ha/Ulla
Mob“.
Memorandum
TO:
File
11/14/89
DATE:
-
Opelika, Alabama
Miscellaneous Sewer Interceptors
BCM
/\
FROM:
\US
RE:
Project
No. 05-1112-88
Wayne Morgan
CHANGE ORDER NO 1
-
ADDITIONAL PAY ITEMS
Dixon & Murphy, Inc. has submitted a revised unit cost
breakdown for the deeper cuts on 8“ D.I. and 15” V.C. pipe and
for 15" x 6" wyes or tees. We feel that prices
submitted on of the items were too high when compared to the
unit price differential between payouts as bid.
initially
We
agree with the revised unit costs as they seem to be
changes in the contract.
line with incremental price
(x
JBE
in
‘
GENERALCONTRACTDRS
HSDCONEDRWE
BIRMINGHAM, ALABAMA 35217
(205) 849-5073
November 8,1989
BCM
Converse, Inc.
Suite 24, The Courtyard
2157 Eastern ByPass
Montgomery, Alabama
36117
Re:
Opelika, Alabama
BCM Project No. 05-1112-88
(r‘g
Gentlemen:
letter of October 31, 1989, we would
state reasons for the higher prices as follows:
In regard. to your
(1)
like to
Per O.S.H.A. requirements and the manufacturer's recommendations
the trench box required for trenches over 18 feet deep call for
a box with 8" walls in lieu of our standard 4" wall; this box
is also 4 feet longer, therefore requiring a larger machine for
handling.
(2)
At depths of 18'-20' deep standard suction pumps used in
dewatering will not work requiring the use of submersible
pumps which are more cumbersome and expensive.
In the interest of preserving a good working relationship with owner
engineer, we would like to submit prices as follows:
and
8" D.I. Sewer Pipe, 20'—22' cut
$35.25
8" D.I. Sewer Pipe, 22’—24' cut
$43.00
15" V.C. Sewer Pipe, 16'—18' cut G $35.50
15" V.C. Sewer Pipe, 18'—20' cut @ $41.00
15"x6" Y's or tees (field cut)
$200.00
@
@
@
Sincerely,
7%
DIXON AND MURPHY,
F
Allen Murphy
INC.
,/'RECTU
’
8w
NEW
AM/kb
~
ENGINEERS. INC;
MONTE OMERY
13
1959’”
'Y 70;
BCM Converse Iric‘:
Engineers, Planners and Sclenfls1s
sum 24. The Courtyard - 2157 Eostem ByPass
—
l/\
Dixon
\
A
.
,_
Montgornery,AL 36117 - Phone: (205) 271-3344
War 31,
1989
'74? 6.
~»
/
Murphy, Inc.
&
2550 Cone
.
-
:2
-
Drive
;7\
35217
Birmingham, Alabama
RE:
Opelika, Alabama
Project
BCM
No. 05-1112-88
Gentlemen:
have reviewed your breakdown of unit costs for the
deeper cuts on 8" D. I. and 15" V. C. pipe. Except for the unit
price on 15" v. C. pipe (16' - 18" cut) your costs per L. F.
seem to be out of line when compared to the unit price
differential between pay cuts as bid. As we discussed, please
review the unit prices for these items and bring them more in
We
line with your bid prices, or provide
higher prices.
If
justification for the
you have any questions, please contact us.
Very
truly yours,
BCM ENGINEERS
I\
VI
L
1%
INC.
Wm)
Eichelberg,
14309 B.
HWM/mjw
2U
_._“
'
'—
“——~\_1__
__
(3;: Mr. Jack White—
“
_._.
Mr. Jim Tolbert
Mr. Ronnie
Kit‘fifis’gv
BCM
,_
_
:5“
*
-“
P.E.
—
__
_____.._
—»
A Member Firm 0! BCM Engineers Inc.
#6'j
_.'-- """""""
_._. ...-2
__
.
_
~_
T‘ ‘“
,
_
.
'
GENERALCONTRACTORS
2550 CONE DRIVE
(205) 849-5073
October 20, 1989
B.C.M. Converse, Inc.
P.0. Box 230250
Montgomery, Alabama
Attn:
36123
Mr. Wayne Morgan
City of Opelika
Miscellaneous Sewers
Re:
C:
C)
Gentlemen:
We
request additional items of work to
They are as
be added
8"
8"
D.I.
D.I.
Sewer Pipe 20'—22' Cut
Sewer Pipe 22'—24' Cut
15" V.C. Sewer Pipe 16'—18' Cut
15" V.C. Sewer Pipe 18'-ZU' Cut
15"x6" Y's or Tees @ $200.00
I
\
\
,
for
Thank you
to our contract.
follows:
@
@
@
@
$41.50
$53.00
$35.50
$48.00
your consideration.
M
Sincerely,
_4 E.
Hen
W
Allen
AM/bjh
Murphy
-__
"'
Emmy???W
,
M°NTGOMséy 6‘
DC;
3?“
-WTM
_
\\
23
p89
Cc to;
BC” Maw.
\
-~
#5
v
V\
RESOLUTION NO.
4 2:
)‘éé
the City of Opelika has contracted with Dixon
Inc. for construction of the Eastside
Interceptor Project; and
WHEREAS
and Murphy,
WHEREAS, BCM
Converse
Inc. has recommended approval of
l to that contract.
/
\
’
‘
1
NOW, THEREFORE BE IT RESOLVED by the City Council of
the City of Opelika that Change Order No. 1 be approved and
that the Mayor be authorized to sign all copies.
DONE AND APPROVED
this
1989.
{Sf-J
__ day of [3505122355
Opelika City Council
ATTEST:
L ; éwaw
Zane E.
/
\
\I
, \
L,
,
US
.
.
.
,
30‘
1989
~Projec:
No.
C—OlO~488-06
.
'
.
OCTOBER
Date
CONTRACT #2
.
Location
OPELIKA, ALABA}M
.
To
(Contractor)
DIXON
&
Contract No.
05-[112-83
c“‘“é§E°E‘f§‘ N°'
INC.
MURPHY,
2550 CONE DRIVE
‘BIRMINGHAM, AL 35217
are hereby'lrequested to comply Hith the following changes from :he contrac: plans
You
and
Item
No.
specifications:
Description of changes-quantities, units '
unit prices. change in complettun schedulg
ecc.
.
.
contract price.
‘
,
(3)
(1)
(1)
Increase in
in
contract price
Decrease
.
'
(4)
Total Contract
SEE ATTACHMENT
Change
Total
Total.
in canine: price
decrnn
incl-nu
due to
this Chang: Order:
'-
—_
(3) and (14)
S
Net(1ncruu)(dcctuu) contract price
(ldd additional Iheetl if necessary)
Total $5 Eugtble
in contiact pttc:
due to
this
5
Order:
Total decruu
Tot-1 increan
Different
—
—
O
—
0
$
betwecn Col. (3) and (4)
—
-
$
$
—
WUWW
- —
O
0
0
-
W5WK!
_
Change
_ 0
—
- 0
xxxxxxxxxmomms
5
Difference between Col.
Change
0
5
O
_
--
0—-
—
—
0
0
S
_
O
-
0
—
O
_
—
-
0
NetUncruae) (decreue) contract price
5
5
- 0
The num of S
price.
contract
to)(deducc¢d
the
(added
tram)
. is hereby
total
571 5045
and the total Adjusted contrnce prica to data thereby is $______
time {rovided for completion in the contract
by
Smut
(60
calendar
This
become
amendnen
e contrac: and
document
an
days.
shall
Siallt
)arrovistons a! the contract will alpgqg hereto. Liquidated damage: will be assessed
Tatia'l 5
“03 S/dl 5
(time extension: changing the project
or budget paridd will require a grant amendment). No contract change orders will be
binding upon the Environmzncal Protection Agency without approvul Ln writing bv EPA in
accordance with 40 CFR 35. 2204., 33. 290 and 33.1030 (3).
—
—
—
—
—
1:W’L@W
‘tr
J“
Recommended by
M
k
flArchitectlEngineet
Accepted by-
ENGINEERS.
aw WW
Confirm!"
DIXON
&
MURfiHyK/INc.
Approved by
0‘4““
m‘R‘ia988?
W
({‘ZFXSZ
BCM
INC.
‘
Daze
“‘3»
Dace
JUSTIFICA'QION FOR CHANGE
Project No. C—010488-06
Contract No.
BCM
1
1.
I
Necessity for cEnge:
correspondence, Etc.)
-—
maps. drawings,
THIRTY
(2)
THIRTY (30) DAYS REQUESTED IN ORDER. THAT CONTRACTOR CAN MAKE THE
REQUIRED TIE—INS UPON COMPLETION OF THE EASTSIDE TREATMENT PLANT.
(30)
RAINFALL.
DAYS REQUESTED DUE TO EXCESSIVE
.
y.
1
&
A
.
z
In proposed change an Alternate bid?
alter
3. .-w111 proposed change
If
A.
05-1112-83 (85)
(1)
525 ATTACHMENTS
2.
PROJECT NO.
COhISngeuofder No.
.
project?
"yes." explain.
I
the physical size of CH:
,
‘
[3 yes gnu
Ll_ yes E7 no
Effect of this chgngc on othet prime canznctora:
NONE
,
|
__5.
.6.
591393: of 311—:s
[143
H111
this
Vchange
bunjgtained?
_._
affect expiratipn‘ or extent of
insurance coverage?
If
7..
"yes,"
Effect
x'rwr
on
v1.11 the
operntiou
policies
be extended?
and maintenance
casu:
j:- yu 5 not necessary
_ yes [_I_
m
1X}! yea
Ll
no
no
Attachment
1
Memofandum
File
To:
Project
‘
DATE:
10/30/89
No. 05-1112-85
Eastside Lagoon Interceptor
Opelika, Alabama
Wayne Morgan
FROM:
60-DAY TIME EXTEN§ION
RE:
Inc. has requested a sixty (60) day time
extension which he claims is necessitated by delays caused by
unseasonably heavy rainfall during‘the months of June & July, 1989.
Dixon
&
Murphy,
According to records kept by the National Weathgr Service
Auburn University (approximately 10 miles southwest of
the project) rainfall during June 1989 totaled 11.54 inches (7.69
totaled 7.58
inches above normal), and during July 1989 rainfall
'
inches (1.84 inches above normal).
Based on this information we feel a minimum 3o-day extension
due to delays caused by excessive rain and wet site
justified
is
conditions, plus another approximately 30 days to make required
sewer tie-ins, which can't-be made until the eastside plant is
office at
completed.
V
W67?”aavr'
“
NationaI Heather Ber-vice,‘; SE As Weather Service Center, Auburn,
AL
DaiIv Weather Observations For: Auburn
‘1
*.
1939
(AG)
ALABAMA
AIR TEMPERATURE
é
g
F
DATE
6/
6/
6/
6/
6/
6/
6/
6/
1
MAX MIN AVG UFN
Q1
71
81
6
‘
2
92
3
4
5
9
89
3?
89
84
82
86
73
6/10
31
6/11
87
,6/
6
7
B
63
70
as
7O
64
55
66
63
64
67
6/12 86 65
6/13 37 70
6/14 83 71
9/15 3? 69
"6/16 73 67
6/17 75 66
6/13 84 '64
6/19 83 68
6/20 72 b?
6/21 73 70
6/22 33 69
6/23 90 55
6/24 36
70
6/25 "
70
6/26
72
6/27
63
6/28
71
6/29
6?
6/30
71
30
79
80
74
74
76
71
.
Hi5hest=
?2
220
3 240
2 259
*7 269
—7 280
—4 2?4
O 312
—7 323
—4 337
—2 353 573
-
SO
79
7O
71
Y4
73
71
74
76
78
—1
“
371 601
100
‘
Evaparati
Solar Ener-
Lowest:
.00
.07
.52
2.70
.41
.00
2
.
2.64
.30
.07
1.24
.DO
.0Q
.31
.00
'
PET
.20
.22
.17
.18
.13
.13
.13
.17
'
,
’
.
'
,“
,
.04“
.13
.19
.17
.17
.1?
.13
.04
:06
.20
.18
.04
509
.12
.17
.18
.18
.20
.21
.20
.1?
.18
(in
Lowest:
Minimum:
Average:
DFN:
DFN=
'
(incru"
:
Urgatest
ma12Yfl
2.70
Rain Davs= 15
degrees F):A
Averaaaz
b?
'
’
.
76.7
5.4
b4
+7.03
DFN=
74
1.‘1
.00
.00
.00
Mean
AVERAGE DAILY VALU
Pan
.00
.00
.03
.00
.00
.63
.36
38.38
.62
.00
.0b
VEG SOLAR
MIN MEAN EVAP WET ENERGY
Q9
77 38 .23
5 6341
100 30 90 .2
3 7023
95 79 S7 .30
7 4873
97 79 38 .26
4 5620
96 80 S83 .26
5 5697
F1
73 82 9.99 21 3551
37 72 80 .17 18 4103
83 72 SO .19 12 5530
76 71 74 .09 19 1308
31
69 75 .18 11 4114
86 71 79 .22 10 6301
87 71 79 .29 19 5234
a"?
86 72 79
15 5267
6 @366
86 73 80 . 4
37 74 81
.26 13 5462
74 69 72 9.99 24 1045
75(36? 72 .08 20 1755
PA
9 6922
70 7B .2w
83 72 SO .18 21 5772
32 70 76 9.99 24 1223
81
70 76 .10 18 2584
34 74 79 .13 12 3621
91
3 82 9.99
19 4779
J
90 74 22
9 6167
91
77 84
10 5906
$4 77 86
0 6337
97 78 83
9 7095
99 7? 39
A
6441
100 78 89
14 5798
?4 79 37
O
5965
MAX
(in flesrees F):
SOIL TEMPERATURES
Hishestn
'
339
O 408
3 430
O 449
2 470
1
490
1 510
—1
Total: 11.54
120
150
174
193
201
76
79
’"
31
£1
?1
224
245
268
'185 295
73
77
AIR TEMPERATURES
Mean Maximum:
w
DFN=
21
41
$1
5
5
4 30
4 100
—2 114
-2 128
O 144
155
168
SO
4'INCH SOIL
GED
560 BED PRECIP
(in)
Haurs
(N/Sq
M
t
0F
Net
r
Vegetation: 12.1
‘
v)
Potential k'apotfiansviratian (PET): .16 (in)
IIhEVD
“ENGINEERSJNC.
‘
MONNWMHV
OCT
m
4
1989
cor?
roJ‘»
unima-
.
@mw
National weather Service
As Heather Service Center, Auburn,
rDailv Heather Observations Far:
‘-
AL
_SE
1989
Auburn (AG)
ALABAMA
.,
.
~
AIR TEMPERATURE
fiDATE
" 7/ 1
85
71
7/ 2 82
7/ 3 81
7/ 4' 83
63
‘
‘5_
_*6
7
_L8
9
'
84
85
88,
39
88
as
90
90
70
70
71
74
72
81=
71
71
71
so
70
63
69
—1
—4
-3
—2
—2
-1
80
81
.09
2 122 192
2 143 223
1 163A253
1 1833233
2 204 314
1 224 344
O 244 374
«2 262 402
—3 279 429
—2_297 457
—S 312 432
—= 327 507
—3 344 534
..13
71
91
70
81
1
92
92
?2
71
72
32
82
82
2
2
2
86
83
35
32
34
35
37
80
SO
84
85
86
92
89
71
70
67
65
63
70
63
70
63
70
7O
74
71
—1
363‘563
—-
377 587
392 612
—5
-4 408.638
—2
—2
3
0
TEMPERATURES (in
Mean Maximum= 36.4
DFN= -4.2
”AIR
Hishest=
92
860 850 PRECIP
.19
18 28
33 '53 1.07
.23
49 79
68 106 1.11
.60
33 133
101 161
30
30
78
77
73
75
75
77
7?
74
75
76
73
73
33
30
91
‘
71
78
75
76
77
77
78
81
Lowest:
q INCH SOIL
Gnu
MAX MIN AVG DFN
426
444
467
437
508
530
552
574
666
694
727
757
733
320
352
384
.00
.00
.90
.00
.00
.17
.09
.96
.22
.92
.00
.00
.73
.47
.03
.57
.00
.00
.00
MAX
92
89
85
87
89
go
91
V
92
94
95
99
100
102
95
92
BB
Si}
90
91
90
85
85
8?
91
'
9O
97
96
.OO
.00
.00
.00
.00
Q8
100
103
105
VEG SOLAR
MIN MEAN EVAP WET ENERGY PET
78
75
76
76
76
75.
79
78
78
79
80
79
79
77
78
77
75
75
76
77
75
76
74
74
76
77
79
7?
30
31
84
.15
2 3619
.28 912 4502
.13 ‘18 3348
.20 219 3149
,15 L16 4103
.18 :12 4740
.15 13 .4274
,23 §L1 5851
.20 »H? -5623
85
82
81
82
33
33
85
85
86
37
.21 429
.26
90' .24
.30
91
86 .20
10
10-
9O
11
16
18
15
8
10
.21
85
33
.15
.30
.17
.29
.20
.27
.14
.18
81
83
84
84
780
81
32
83
83
37
88
89
90
92
95
9
13
19
12
17
.21
B
.19
.29
.19
2
0
b
9
10
10
7
.21
.24
.24
.29
,
5556
6833
5758
6887
5295
4219
3836
4000
6110
5790
4840
2440
3624
3779
5674
4483
7380
5077
5449
6483
6167
6358
degrees F):
Mean Minimum=
DFN:
70.1
+1.6
Averase=
DFN=
78.3
~1.3
5
(inche3)=
+1.34
Gfieatest Daiiv=
Total=
7.58
DFN=
SOIL TEMPERATuRES
Hi5hest=
(in
105 Lomest=
AVERAGE UAXLY VALUES:
degrees F):
Average=
74
1.11
Rain DaYs= 16
8m
Evaporation= .21 (in) Hfiurs of Net Vegetation: 11.0
Solar Eneysv= 5003.0 (W/Eq M vstdv)
Potentiaf evapotranSPiration (PET)= .16 (in)
Pan
f
.21
.20
.20
‘
3‘
,
‘
v" 3
‘
,
.
_
I
A
J)
GENERALCONTMCTORS
2550 CONE DRIVE
(205) 849-5073
.v_
2
August 31, 1989
B.C.H. Converse Inc.
P.0. Box 230250
Hontqo-ery, Alabama
36123
Re:
City of Opelika,
Alabama
Eastside Lagoon Interceptors
B.C.H. No. 05-1112-83
Dear
Sirs:
Due
on
to an unusual amount of rainfall during the months of June and July our production
has been severly hampered.
this project
realize, even though the rains have subsfied, the ground water table
that working conditions are slowed.
As you
so high
At this time
extension.
we
is
still
would appreciate your consideration in granting sixty (60) days time
Sincerely,
WI:
DIXON AND MURPHY,
"
WA“
Allen
INC.
Murphy
.1
Km
ENGINEERS.
me.
MONTGOMERY
fi
REF 5
I969
cow :0:
BCM
0.
Mobil.
RESOLUTION NO.
WHEREAS
4
ZQQ‘ZEE
the City of Opelika has contracted with P. F.
for construction of the EastsideWastewater
Moon and Company
Plant;
and
WHEREAS, BCM
Converse Inc. has recommendéd approval of
\5
2
to that contract.
NOW, THEREFORE BE IT RESOLVED by the City Council of
the City of Opelika that Change Order No. 2 be approved and
that the Mayor be authorized to sign all copies.
DONE AND APPROVED
this
1989.
_JSM
day of
heugmagg!
Opelika City Council
ATTEST:
Lzékw
Zane E.
,
‘ 3.
‘
US
,
NOVEMBER.
Date
-
.
P.F.
,P.O.
MOON
&
.
BOX 346
POINT, GA
WEST
INC.-.
COMPANY,
EASTSIDE
WT?
OPELIKA, ALABAMA
Contract No.
.
(Contractor)
ADEM CONTRACT #1
Location
-
~
You
v
Project
No.
C—010488-06
To
72;,
15, 1989
.
05—1112—82
‘
Change Order No.
31822
(2)
TWO
are hereby requested to comply with the following changes from the‘ contract plans.
and
specifications:
No.
Decrease
(3)
(2)
(1)
Increase in
contract price
in
contract price
Description of changes—quantities, units
unit prices, change in completion schedule,
etc.
Item
(4)
Total Contract
I
V
SEE ATTACHMENT #1
14,649.33
.
Change in contract price due to this Change' Order:
Total decrease
Total increase
Difference between Col. (3) and (1.)
contract price
Net(increase)
(add additional sheets if necessary)'
Total EPA Eligible
(W
—
s
o
xxxxxxxxxmmcxxxxx
14.649.33
$ 14,649.33
$ 14,649.33
—
XXXXXXXXW$
—
$
—
$
0
—
0
—
~
'
14,649.33
SEE ATTACHMENT 31'
in contract price
Change
Total decrease
Total increase
Difference between
due to
this
Change
Order:
-
—
$
0 ~
XXXXXXXXXXXXXXDLKX
XXXXXXXXXXXXXXXXJS
(3) and (A)
C01.
$
5
Net(1ncrease)mm)
14,649.33
14,619.33
14,649.33
contract price
$
$
is hereby (added EQWERXXXEEX thé total contract: price,
The sum of $14 642,33
and the total adjusted contract price to dat_e thereby is $3,126,148.03,
The time provided for completirjn in the contract isfixfixhfimgfi)(increased)0®w9§é§§fl) by
12
calendar days. This document shall become an amendment to the contract and
all provisions of the 'contract will apply hereto. Liquidated damages will be assessed
(time extensions changing the project
N/A
’Total 3 N/A
_yes/mL $/da 5
or budget period will require a grant: amendment). No contract change orders will be.
binding upon the Environmental Protection Agency without approval in writing by EPA i
accordance with 1:0 CFR 35.935-11 and 35.938-5.
V,
,
Recommended
by
M 6:”\}
'
/j
BCM
Accepted by
ENGW
.
Mracfiér
»
P.F.
,
//4:/_7/)4&Z
ate
174)..
MOON COMPANY,
11/16/89
Date
‘
Architect/Engineer
INC.
[{pproved by
Date
Owner
Certified/Approved by
__
'
EPA
1.3”...v
Amp:
(Corps of Engineers)
Date
.
‘ _._..._._m~_.__._...._._..4
JUSTIFICATION FOR CHANGE
Project
Contract
No.
No.
C-010488-06
BCM PROJECT N0. 05—1112—82(86)
Change Order No.
l.
SEE ATTACHMENT NO.
2.
.
TWO
Necessity for change:
Is proposed change
an
alternate bid?
alter
the physical size of the
yes
yes
$27 no
Z§_ no
d.
'
‘
.
‘-
Effect of this
5.
Has
6.
"111
7.
maps, drawings,
__‘
[_j
.
'
______
.1:7
"yes," explain.‘
NONE
—~
1
3.,“w111 proposed change
pro1ect?
If
(2)
correspondence. etc. )
change on
other prime contractors:
consent of surety been pbtained?
this
change
on
4-
..
operation
“
327 not necessary
/—7 yes
XV
affect expiration or extent of
insurance coverage?
If "yes," will the polig1g5_be extended?w_‘
Effect
El yes
and maintenance
.
L_/ yes fix/
no
no
costs:
Owner
CITY OF OPIEUIiA‘ ALABAMA
Date
EASTSIDE WASTEWATER TREATMENT PLANT
05-1112-82
C-lOl488-O6
BCM PROJECT NO.
EPA NO.
ATTACHMENT #1 TO CHANGE ORDER #2
f\
ELECTRIC HOIST AT
\/
I
‘5
RAW WASTE PUMPING
STATION
Provide and install a two (2) ton electric hoist at the Raw
Waste Pumping Station. Hoist is needed to remove pumps from
wet well for service and inspection.
(See attached
correspondence).
$7,556.33
II.
INCREASE
Provide additional hose bibbs and piping at oxidation basins,
and weir overflow boxes.
Hose bibbs are needed at aeration
platforms and oxidation ditch overflow boxes for washdown.
(See attached correspondence).
$2,525.00
III.
INCREASE
Construct backflow preventer Vault above ground.
Alabama
of Environmental Management (ADEM) regulations
require that backflow prevention devices be installed in a
readily accessible area which is free from flooding. (See
attached ADEM regulations and correspondence).
Department
_/
$
\
877.00
INCREASE
A
1
\
r
Iv. Install a two (2) inch main line pressure reducing valve
in parallel with a one—half (1/2) inch pressure reducing
valve
on
potable water service.
Install
a
three (3) inch
by—
pass around the three (3) inch potable water compound meter.
The pressure reducing valves are needed to reduce the incoming
main pressure of 125-130 psi in order to protect plumbing
fixtures. The by—pass is required by the Opelika Water Works
Board. (See attached correspondence).
$3,691.00
INCREASE
#5
.,
/77'é>7
RESOLUTION
WHEREAS, Tabb
Textiles Co., Inc.
it
is
Declaration, vacate the
WHEREAS,
it
land abutting upon the hereinafter des-
it
does, by
its
same; and
appears to the City Council of the City of Opelika, Alabama, that
is in order
all
is afforded to
and egress
vicinity of
duly executed and acknowledged,
desires to vacate said street and that
the vacation of said street
of ingress
all
the owner of
it
cribed street and that
to the City Council of the
its Declaration in writing,
City of Opelika, Alabama,
setting forth that
has presented
that convenient
and
and reasonable means
property owners owning property in the
said street; and
WHEREAS,
the City Council of the City of Opelika does assent to and approve
the vacation thereof and the annulment of said part or portion of the hereinafter
street to the
named
NOW,
Alabama
IT
THEREFORE, BE
RESOLVED
by the
City Council of the City of Opelika,
that the vacation of the following described street is assented to
is
approved and the same
of the
of the public.
use
Code 2E Alabama
and
hereby vacated pursuant to the provisions of Section 23-4-20
(1975),
to-wit:
/"‘\‘\
portion of that certain roadway known as 16th Street in the City
of Opelika, Lee County, Alabama, more particularly described as
follows: Commence at the intersection of the Easterly margin of
Pleasant Drive with the Northwesterly margin of 5th Avenue; thence
along said margin of 5th Avenue North 44° 41' East for 375.0 feet;
thence North 45° 33' East for 389.85 feet to the point of beginning,
said point being on the Southwesterly margin of 16th Street; thence
along said margin of 16th Street North 44° 38' West for 162.14 feet;
thence run North 71°20' East for 44.5 feet to a point on the Northerly
margin of 16th Street; thence along said margin of said 16th Street
run South 44°38' East for 162.9 feet to a point on the Northwesterly
margin of 5th Avenue; thence along said margin of said Avenue 40
feet to said point of beginning.
I
A
BE
IT
FURTHER RESOLVED
that the City of Opelika, Alabama,
a
municipal corporation,
remise, release and quitclaim to Tabb Textiles Co., Inc., whatever
interest the City of Opelika,
and
in
and to the hereinabove
Alabama, a municipal
corporation,
corporation,
Bobby J. Freeman, Mayor
be and he
behalf of the City of Opelika to execute
be and he
is
may have
acquired
a
of the City of Opelika,
is hereby authorized
quitclaim
deed
corporation carrying out the intention of this paragraph
City Clerk,
title
part or portion of 16th Street by virtue of the dedication
of said street or otherwise, and that
right,
and
directed
on
to the aforementioned
and
that
Zane E.
Burleson,
hereby authorized and directed on behalf of the City of
Opelika to attest the same.
ADOPTED AND APPROVED
ATTEST:
Z
CITY CLERK
.
this the
5%
day
%
of
“$512M:
\A/Q
@IDENT
,
1989.
Jré
OF CITY COUNCIL OF
CITY OF OPELIKA
STATE OF ALABAMA
LEE COUNTY
I,
Zane E.
certify that
and
legally
Burleson, City Clerk of the City of Opelika, Alabama,
the above is
a
true, correct
and exact copy
of
a
do hereby
resolution duly
adopted by the City Council of the City of Opelika, Alabama, at a
meeting thereof on the
x:
5%
day
of
Z
56‘ ELZIBE
g
1
,
1989, as taken from
the Minutes of said meeting.
WITNESS my hand and
official
seal of office on this the My.” day of
1989.
$54144
CITY CLERK
Am,
STATE OF ALABAMA
)
LEE COUNTY
)
QUITCLAIM DEED
:
Dollar ($1.00)
One
Alabama,
that for
ALL MEN BY THESE PRESENTS,
KNOW
a
and
in consideration of the
and
sum
of
other good and valuable considerations, to the City of Opelika,
municipal corporation, in hand paid by
Tabb
Textiles Co., Inc.,
poration, the receipt whereof is hereby acknowledged, the City of Opelika
a cor—
does
hereby remise, release, quitclaim and convey unto the said Tabb Textiles Co., Inc.
all
of
its right, title, interst
claim in and to the following described real
and
property, to—wit:
portion of that certain roadway known as 16th Street in the City
of Opelika, Lee County, Alabama, more particularly described as
follows: Commence at the intersection of the Easterly margin of
Pleasant Drive with the Northwesterly margin of 5th Avenue; thence
along said margin of 5th Avenue North 44° 41' East for 375.0 feet;
thence North 45° 33' East for 389.85 feet to the point of beginning,
said point being on the Southwesterly margin of 16th Street; thence
along said margin of léch Street North 44° 38‘ West for 162.14 feet;
thence run North 71°20‘ East for 44.5 feet to a point on the Northerly
margin of 16th Street; thence along said margin of said 16th Street
run South 44°38' East for 162.9 feet to a point on the Northwesterly
margin of 5th Avenue; thence along said margin of said Avenue 40
feet to said point of beginning.
A
IN WITNESS
has caused
be
affixed
its
WHEREOF,
hand
to
be
the City of Opelika, Alabama,
affixed
by Zane E. Burleson,
municipal corporation,
a
by BobbyJ. Freeman, as Mayor, and
City Clerk, both of
its
seal to
are hereunto authorized
whom
pursuant to Resolution No. fizz-62 of the City Council of the City of Opelika,
copy
of which is attached hereto
as
Exhibit ”A"
this the (Sfb
on
day
a
of ZlECEflZEKZlLJ
1989.
LIKA,
CITY OF 0
corpor
BY:///
i
.2“,
Zane E.
municipal
n
‘7(:(;L{E;
”BOBBY
ATTEST:
ALABAMA, a
J.
‘
EqILIAJKCZL'—‘~
(IFREEMAN,
Mayor
543,»,
fiurleggn, City Clerk
STATE OF ALABAMA
LEE COUNTY
I,
the undersigned authority, a Notary Public in and for said County and State,
Bobby J. Freeman and Zane E. Burleson, whose names as Mayor
and City Clerk, respectively, for the City of Opelika, Alabama, a municipal corporation,
are signed to the foregoing conveyance, and who are known to me, acknowledged before
me on this day, that, being informed of the contents thereof, they executed the
same voluntarily on the day the same bears date.
hereby
certify that
GIVEN
under
my
hand and
official
seal of
office this the
;S%b
day
of December,
1989.
(SEAL)
/flM/iJ/L)
i
NOTARY
MY COMMISSION
«_L/j.
264%
/'
f’UBLIck
EXPIRES:
MY COMMISSION EXPIRES JUNE 16
l
l
STATE OF ALABAMA
LEE COUNTY
PETITION FOR VACATING
of the City of Opelika
The Honorable Mayor
TO:
ROADWAY
and the Council Members
of the
City of Opelika
Comes now, Tabb
/
Petitioner,
who
Textiles Co., Inc.,
represents and shows
as
corporation, hereinafter referred to
a
as
follows:
rm’x
\
Petitioner is the
1.
hereinafter described,
and
owner of
all
of the property abutting upon
Petitioner desires to vacate said
this written instrument, hereby vacate the
in the City of Opelika,
being
same
roadway and does, by
its entirety,
in
a roadway
said roadway
Lee County, Alabama, and described as
follows, to—wit:
portion of that certain roadway known as 16th Street in the
City of Opelika, Lee County, Alabama, more particularly described
as follows: Commence at the intersection of the Easterly margin
of Pleasant Drive with the Northwesterly margin of 5th Avenue,
thence along said margin of 5th Avenue North Hh° h1' East for 375.0
feet; thence North 45° 33' East for 389.85 feet to the point of
beginning, said point being on the Southwesterly margin of 16th
Street; thence along said margin of 16th Street North hh° 38'
West for 162.1% feet; thence run North 71° 2Ol East for hh.5 feet
to a point on the Northerly margin of 16th Street; thence along
said margin of said 16th Street run South 4h° 36' East for 162.9
feet to a point on the Northwesterly margin of 5th Avenue; thence
along said margin of said Avenue #0 feet to said point of beginning.
A
/’\
{n./\<
I
Petitioner desires to vacate the
2.
above described roadway so as
to
destroy the force and effect of any dedication of said street and roadway and to
have divested therefrom
street or
same as a
3.
Your
all public rights
roadway
therein
to prohibit the use of the
and
for the public.
Petitioner agrees that the area within said vacated street or
roadway
shall constitute the property of your Petitioner.
4.
Now,
therefore, in consideration of the premsies, Petitioner hereby
ratify
requests that your Honors assent to, approve,
above described
divestment of
elected
street or
roadway or
street
and
to convey the parties
or
may have
IN
in the property
it
by
its
resolution
as above
Petitioner
all right to
has hereunto caused
duly authorized officers
\%
use the same and
described.
on
As
BY-
duly
claim and interest to which the City has
this instrument to
this theéggé‘day of
BY:
:
its
to effect the closing of said
TABB TEXTILES
ATTEST
the
and
authorize the execution of such
and
as may be mete and proper
all rights, titles,
dedication thereof
that the City of Opelika through
in order to divest the public of
WITNESS WHEREOF,
executed by
and
adopt such appropriate
appropriate deed of conveyance
f"
confirm the vacation of the
roadway and the annulment of any
all public rights therein
officials
and
Its
00.,
CLAN
NC.
be
ZIQEEE&£:£
WflW
President
,
1989.
STATE OF ALABAMA
LEE COUNTY
I,
the undersigned, a Notary Public in and for said County and State, hereby
that
Alan Fenster whose name as President of Tabb Textiles Co., Inc. is
certify
signed to the foregoing instrument and who is known to me, acknowledged before me
on this day that, being informed of the contents of said instrument, he, in such
capacity, and with full authority, executed the same voluntarily on behalf of said
corporation.
Given under my hand and
official
seal of
office, this the
£3?“
“£1
, 1989.
9nwcza/
NOTARY
PUBLW
day of
,
r
\
1:11.35
UUUU
HHYLIUULL
ltL
UtUHi’.
:‘UD‘HED'X‘J-‘Jb
1'
\
A
'
VF
0G!
PLFflSflfi/J’
OPELIKA
FOR
SURVEY
f6“.
LEE
OPELKKA
7'
samzau
"(4
:5 a
70]»!
w
”w
:flnu'
M11
A
N0. [0032)
4‘
ton.“ llumtznmo
00V: 9 Box Ion
9ELIKA.
Aulmn
m pAvm
r4
can»: ‘1 FAA! or
RM Q;
in:
MAI
«MIA. I'M/MEMO “(Rh
A :vpvrv up! I: .1:
1%-“
'
'
,.
9%
RESOLUTION NO.
WHEREAS,
Lt. Daniel
an advance from the
on Managing Your
4
Z: ‘59
Opelika Police Department, has requested
R. Cooper,
City Treasury for the purpose of attending
Detective Unit,
December 10-13, 1989
a
seminar
in Hanceville,
AL;
and
WHEREAS,
the Council members find that such an advance shall be for
the purpose of defraying expenses made necessary by such attendance at
said seminar;
NOW,
THEREFORE, BE
1)
IT
RESOLVED by
corporation,
That the sum of
Fifty
as
the Council of the City of Opelika,
follows:
and No/lOO ($50.00)
Dollars shall
be advanced
to Lt. Cooper for the purpose of attending the seminar on Managing Your
Detective Unit and
2)
That he
shall present to the Council
expenses incurred by himself
an
itemized statement of
incidental to his attendance at said seminar
immediately upon his return to the City.
APPROVED
and ADOPTED
this the
)‘t—b
g
day
of
a“! Emzxz
, 1989.
gawk 1%“,—
J. M les Thomas,—C6unéil President
Ci y of Opelika
ATTEST:
£55444
Zane E.
Burleson
City Clerk
#7
RESOLUTION No.
WHEREAS
Dav1d Brady, Duane
Gaither and Timothy Sprayberry, Pollce
Offlcers, Opellka Police Department,
C1ty Treasurer
for the
have requested an advance from the
purpose of attending the Alabama Crlmlnal Justlce
Training Center, January
WHEREAS,
fig?
14
1990
-
March 5, 1990
in
Selma, Alabama, and
the Council members find that such an advance shall be for
the purpose of defraylng expenses
necessary by such attendance at
made
said training center;
NOW
THEREFORE
BE
RESOLVED by
corporation,
as
the Council of the Clty of Opellka,
follows'
That the sum of Three Hundred Sixty and No/lOO ($360 00)
1)
shall
IT
be advanced
to Offlcers David Brady, Duane Gaither and T1mothy Sprayberry
for the purpose of attending the training center
I“
\.J
2)
That they
total
shall present to the Council
expenses 1ncurred by themselves
an
1n Selma, Alabama and
itemlzed statement of
incidental to their attendance at said
semlnar 1mmediately upon his return to the Clty
ADOPTED and APPROVED
this the 1:29]
day
of ligCE/VIBEQ.
.Miles
C
ATTEST:
4;u~.4;‘
Zane E.
rFN
Burleson
Cit y Clerk
y
Thomas,
of Opelika
1989.
Cofincil President
RESOLUTION
BE
IT
1.
RESOLVED
It
is
by the
/50 ’37
City Council of Opelika, Alabama,
follows:
as
hereby established and declared that the following described real
property situated in the City of Opelika, Alabama is needed for public or municipal
to-wit:
purposes,
All that track
or parcel of land lying and being in Section 14, Township 19 North, Range 26 East, City of Opelika, Lee County, Alabama,
being more particularly described as being all that block located
within the Pepperell Mill Village as shown on the plat of the Pepperell
Subdivsiion as recorded in Plat Book 6, Pages 4 and 5, of the Lee
County records, being bounded on the North by Third Avenue, on the
East by North 28th Street, and on the South and West by North 29th
Street, containing 4.495 acres, more or less, and being more fully
shown on a survey by Edgar M. Watts, Jr., Alabama Registration
Number 15444, dated January 19, 1989.
2.
The
City of Opelika, Alabama, having received
Pepperell to donate said property described in paragraph
out cost of compensation,
it
is
offer from
an
1
West
Point
above, to the City with—
hereby declared to be in the best
interest of the
City of Opelike to accept said property for public use.
3.
The Mayor
of the City of Opelika is hereby authorized and directed to
accept from West Point Pepperell, Inc.
1
and
a deed
to the property described in paragraph
said property is henceforth dedicated to public use.
4.
All
expenditures of public funds for improvements to the real property
described in paragraph
5.
1
recreational
That the park,
described in paragraph
above, are hereby approved,
1
ADOPTED AND APPROVE
above
facilities
shall henceforth
this the Gib
day
ratified
and
confirmed.
and improvements on the
be known as "Shady
of HEJEKZJBEB
g
real property
Park".
,
1989.
<::::3s?,457“\Y\J\\Jgjl_g=_ kéE/“~<-*-—-—»
PE
ATTEST:
Zggébaw
CITY CLERK
I‘""‘\
IDENT OF THE CITY COUNCIL OF CITY OF
KA, ALABAMA
MIG. 70 Q.
god/’00
0A} /2/7/f7_
[03, 25c.
STATE OF ALABAMA
STATUTORY WARRANTY DEED OF GIFT
COUNTY OF LEE
KNOW
ALL
MEN
for the purpose of
and
WEST POINT—PEPPERELL,
\1
that without consideration
BY THESE PRESENTS,
making a donation and
INC.,
a
gift,
the undersigned
Georgia corporation (hereinafter
some—
times Grantor), does hereby give, donate, grant, release and convey
to
THE
CITY
OF
(hereinafter
situated in
OPELIKA, ALABAMA,
a
Municipal Corporation,
sometimes Grantee), the
Lee County, Alabama,
following described property
and being more
particularly
described as follows, to—wit:
All that track
or parcel of land lying and being in
Section 14, Township 19 North, Range 26 East, City
of Opelika, Lee County, Alabama, being more particularly described as being all that block located
within the Pepperell Mill Village as shown on the
plat of the Pepperell Subdivision as recorded in
Plat Book 6, Pages 4 and 5, of the Lee County
records, being bounded on the north by Third Avenue,
on the east by North 28th Street, and on the south
and west by North 29th Street, containing 4.495
Acres, more or less, and being more fully shown on a
survey by Edgar M. Watts, Jr., Alabama Registration
Number 15444, dated January 19, 1989, a REDUCED copy
of which is attached hereto as Exhibit "A".
This conveyance is
made
subject to any
and
all
restric—
tions, reservations, exceptions, covenants, conditions, easements
and rights—of—way affecting said property which are recorded in the
office of
the Judge of Probate of Lee County, Alabama, or as
may be
evidenced by possession, use or survey.
TO HAVE AND TO HOLD THE AFOREGRANTED PREMISES TO
the said
Grantee in Fee Simple under and subject to the following conditions
and
when
reservations:
said property shall cease to
recreational
with
That said property
all
facility, that
may
not be sold, that
be used as a
if
and
public park or
title
to said property, together
improvements thereon, shall revert to and vest in Grantor
the
herein.
And
Grantor does for
covenant with the CITY
seized in Fee
encumbrances,
itself, its
successors and assigns,
that is is lawfully
Simple of said premises; that they are free from all
except as noted above, and that it, its successors and
OF
OPELIKA, ALABAMA,
assigns, shall warrant and defend the
all
against
OPELIKA, ALABAMA,
IN WITNESS WHEREOF,
its
this instrument to
corporate seal to
duly authorized,
on
CITY OF
others claiming by, through or under
INC., but against none othen
WEST POINT-PEPPERELL,
caused
to the said
same
be
said
WEST POINT-PEPPERELL,
executed for
it
and
in
hereto affixed and attested
be
this the
28th
day
its
by
INC. , has
name,
and
its officers
of February 1989.
flV/VWEST
POINT-PEPPERELL,
INC.
I
Title:
Tr
Ax
]
Asgfgfignt Secretary
STATE OF GEORGIA
COUNTY OF TROUP
I, Helen H. Hurst, a notary public in and for said County
Banw F'Shea
in saia State, do hereby certify that
Treasurer¥fi__
whose name as
_ of West Point—Pepperell,
Inc., a Georgia corporation, is signed to the foregoing conveyance,
and who is known to me, acknowledged before me on this day that,
being informed of the contents of the conveyance, he, as such of—
ficer and with full authority, executed the same voluntarily for and
as the act of said corporation.
Given under
of ’february
,
my
hand and seal
1989.
of office, this the JKEL_ day
% MM
Notary Public
mm; PuMc, Trr‘2u%
CouMy, Georgia‘
Expires April 4, 1990
My Commission
Deed Prepared By:
H. Hurst
Lawyer's Assistant
Helen
WEST POINT—PEPPERELL,
INC.
Law Department
Post Office Box 71
Point, Georgia
West
31833
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WestPoint Pepperell
March 3, 1989
Dwight M. Meadors
Final Estate
Manager
\/
.
I
Carlton Hunley
P. O. Box 939
Opelika, AL
36803
Dear Carlton:
Attached is the Deed of Gift conveying 11.1195 acres in Opelika
from WestPoint Pepperell to the City to be used as a park. When the
deed is recorded, I would appreciate you transmitting the recording
data to me for our records.
Please accept my thanks
for the City's
patience in this matter.
Y
rs very
lad
\/
Attachment
cc:
/\
H. Hart Cobb
V. R. Dobson
D. H. Tyson
POST OFFICE BOX 7|.WEST POINT, GEORGIA 31833 - AREA 504 545-4389
truly,
47“?
s
/3 {'52
ORDINANCE NO.
BE
IT
ORDAINED
City Council of the City of Opalika, Alabama,
by the
as
follows:
r\
Section 1: There is hereby established by reference and made a part hereof
set out at length herein, the POLICY ON PROMOTIONS for the City of Opelika
which has been printed in booklet form and attached hereto as Exhibit "A".
as
if
be
Section 2: The Mayor and the Department Heads of the City of Opelika shall
responsible for the enforcement provisions of the POLICY ON PROMOTIONS hereby
adopted.
Section 3: All former ordinances or parts thereof conflicting or inconsistent
with the provisions of this ordinance or the POLICY ON PROMOTIONS hereby adopted
are hereby repealed.
Section 4:
shall take effect
tion as required
This ordinance and the POLICY ON PROMOTIONS hereby adopted
and shall be enforced immediately upon its adoption and publicaby law.
Section 5: The City Clerk is hereby authorized, directed and empowered
to cause this ordinance to be published one (1) time in the Opelika—Auburn News,
a newspaper published in and of general circulation within the City of Opelika,
Lee County, Alabama.
this
thefl day of
Ufl’tf mtg
,
1989.
SIDENT ‘OF THE CITY COUNCIL OF THE CITY
OF
PELIKA, ALABAMA
ATTEST:
Z
CITY CLERK
TRANSMITTED
to the Mayor on this the
at);
day
{lit émfig,
of
ofw
CITY CLERK
ACTION BY MAYOR
APPROVED
this the {Qih
day
,
1989.
WW;
%%W
ATTEST:
\/
2.3—{W
CITY CLERK
,
1939.
a
*
.
I»
v.1
CITY OF OPELIKA
POLICY ON PROMOTIONS
A.
General
following policies apply to all promotions in all
departments except for positions that are filled
directly by
the Mayor (see Attachment 1).; Except as provided in
section
The
only full—time employees,of the City of Opelika are eligible for consideratidn for promotion under this policy. Probationary employees (whether initial, promotional, or disci—
D,
plinary) are not eligible for consideration for promotion.
Any
department
may
adopt supplemental rules on promo-
tions (including time-in-grade requirements) as long as such
rules do not conflict' with the rules and policies contained
in this general policy, especially the City's affirmative
action plan
8.
and the
goal's established thereunder:
Definitions
The
term
"vacancY": applies
to either (1) an existing
position that is permanently vacant due to the death, retire-
transfér, resignation, or the like of the
incumbent or (2) a newly created position.
The term vacancy
as used in this policy does not include positions only tem—
porarily vacant; for example, positions where the incumbent
is on vacation, leave of absence, or suspension. In all
ment, promotion,
v
cases the
exists
City reserves the right to determine
based on the needs of the
City.
when
a
vacancy
Shift preferences are
not considered vacancies or promotional
opportunities and are
not covered by this policy.
The term
"promotion”
means a
non-temporary change of
employee from his or her
existing position to
higher grade with the City.
C.‘
cal, to
where
is
the policy
promote from
practical
of the City of Opelika, where practi-
within.
to allow
for promotion
Furthermore, the
employees
first
the vacancy occurs the
in
City prefers
the department where
opportunity
for consideratiun
to that vacancy before considering other City
employees outside the department.
ject to the provisions of section
D.
position of
a
Promotion From Within/Departmental Preferences
It
K,
an
These preferences are sub—
F
of this policy.
Posting Procedure
Vacancies
working days.
will
Due
be
to
posted
the
city-wide for at least
time-in—grade
1?
requirements for
police officer/detective and for fire fighter/paramedic,
those positions will be posted only within the department
except that entry level positions will be posted city—wide.
Eligible
employees who
register
[or the vacancy within that
time period
will
further considered in accordance with the
be
following procedure.
In accordance with the depagtmental preference policy of
section C, only those eligible employees within the department where the vacancy
If
eligible
occurs
will initially
be
considered.
in the department registers, 6r if no
employee in the department is selected for the
vacancy, all
other eligible employees who registered for the vacancy will
then be considered.
If no. City employee registers for the
vacancy, or if no City employee is selected for the
vacancy,
the job will be filled at the City‘s discretion, including
‘7}
through outside hiring.
no
employee
“eligible" within
To be
vacancy must represent a
timely register for the vacancy, (2) must
non-probationafy, (3) must meet any objective requirements
employee (1)
be
the meaning of this policy the
promotion to the employee, and the
mpst
for the promotion (educational requirements, state licenses,
etc.), and (4) mus£ be a full—time employee of the City;
provided, however,
that regular part—time employees will be
eligible for consideration for promotion to vacancies within
their
E.
own
department only.
Selection Prodecures
All eligible
ter for the
vacancy
employees
will
within the dopaennt
normally be interviewed by
_
3
who
regis-
an appro—
_
o
priate supervisory official of the department before
the
selection is made. If no one from the department is selected
for the vacancy, then all eligible employees city-wide who
registered for the vacancy will Hormally be interviewed.
Each department may
visory personnel
will
be
vided, however,
that
no
establish policies
on
'whlch super—
involved in promotion decisibns propromotion
will
be
effective unless
the head of the particular department involved
and approved by the Mayor.
recommended by
F.
Selection Criteria
Q
Selection for promotion
will
merit, qualifications for the vacancy, advancement potential, length of
service, and the needs of the City. In determining merit an
employee's entire work record will be considered including
his or her performance evaluations, merit increases, tardi—
ness and
be based
on
attendance record,
disciplinary record, and train—
ing, awards, and commendations.
Qualifications include the
employee's knowledges, skills, and abilities as they relate
‘to the job requirements of the particular vacancy that is
being
filled.
legal or licensing requirements will also
be considered. Length 6f service refers to the employee's
length of employment (full—time or regular part—time) with
the City of Opelika since his or her most recent hire date.
Any
v
In making promotion decisions, the City‘s
affirmative
action plan and, in particular, the goals established
there—
under, shall also be considered,
it is the policy of the
City of lOpelika that no promotion that would not
serve to
effectuate an established affirmative action goal
may be made
without the prior written approval of the
Mayor.
G.
Probation After Promotion
After promotion an employee will be probationary for
the
first six months of service in his or her new position (one
year in the case of the Police Department). 'Durihg
this pro—
bationary period
from his
for
any
or he:
promoted
employee
may
be removed
position
for inadequate performance or
other reason at the discretion of the City. A proba—
tionary employee
tical,
newly
a
new
removed from such
a
position will,
if
prac—
returned to the position he or she held prior to
the promotion (or to a substantially equivalent
pusition)
be
if
such vacant
will
H.
be
position is
available;
otherwise,
the employee
terminated.
Interpretation/Application
policies on promotion are guidelines which will be
used by the City in good faith.
However, they are not
intended as contractual obligations or legal
requirements,
and in all cases the City reserves the right
to interpret and
These
policies and to make all personnel decisions as
it‘deems best and in accordance with the requirements
_of law.
apply these
{‘9
OPELIKA FIRE AND RESCUE DEPARTMENT
RULES AND REGULATIONS
PROMOTIONAL PROCEDURE
Section
1
GENERAL
following
The
fire
department
policies
supplement the
general City of Opelika Policy on Promotions.
These policies
apply to promotions to all positions within the
fire
ment except
fire chief
entry
The
2
fire chief.
level position in the fire department is fire
fighter (salary
SeCtion
and deputy
depart—
grade 14F).
REQUIREMENTS
There are no time—in—grade requirements
for promotion to
vacancies within the fire department except as
listed below:
At least
a
five (5) years service
paramedic with the City of
quired to
be
as a
fire fighter
Opelika Fire
eligible for consideration for
or
Department is
as
re—
promotion to the
position of sergeant.
At least two (2)
years service
as
a
sergeant with the
City of Opelika Fire Department is required to be eligible
for consideration for promotion to the position of lieute—
nant.
‘“W%
At least
two (2) years service as
a
lieutenant with the
City of Opelika Fire Department is required to be eligible
for consideration for promotion to the position of captain.
.
At least
W»
two (2)
a
years service
as a
captain with the
City of Opelika Fire Department is required ho be eligible
for consideration for promotion to the position of assistant
chief.
Prior “service"
as used
in this
section
continuous, unbroken service from the employee's most recent hire
or
promotion date with the City in his or her present position.
means
‘3-
Section
3
SELECTION
Fire Chief will normally appoint a committee consisting of the deputy -chief, the assistant chiefs, and the
>training officer to review all eligible applicants
for the
The
promotion and
Fire Chief
to submit
will
normally
in
ultimate responsibility
mendations.
However,
three
make
all
and
to the Fire Chief. The
his selection from those recom-'
names
Fire Chief retains the
authority to make the final
cases the
recommendation to the Mayor.
“9
Section
4
CRITERIA
Selections shall be made in accordance with the City
Policy on criteria for promotiong and City affirmative action
plan, including any established goals thereunder. Except as
required by law, attendance at the various training and
educational courses available to department employees is not
a mandatory
such
prerequisite for consideration for promotion, but
successful
attendance
will
be
considered
as a
plus
factor.
"'3
{—v
OPELIKA POLICE DEPARTMENT
-
SECTION
PROMOTION POLICY
6mm].
following police department policies éupplehent the
general City of Opelika Policy on Promotions. These
policies
apply to promotions to all positions within the
police
The
department except police
chief.
level position in the sworn positions is
police officex/detective. Only sgorn officers may register
for vacancies in sworn positions above the entry level.
The
entry
Raquimmenm
There are no.t1me-in-grade requirements
vacancies
I
for promotion to
within the police department except
as
listed
below:
At least
18
months service as a
police officer or detec-
tive with the City of Opelika Police Department is required
to be eligible for consideration for promotion to the position of corporal.
At least
18
months service as
corporal with the City
is required to be eligible for
a
of Opelika Police Department
consideration for promotion to the position of sergeant.
w
At least
18
months
service
as
a
sergeant
with the City
of Opelika
Police Department is required to be eligible
for
consideration for promoLion to the position of
lieutenant.
At least
18
months
service
as
At least
18
months
service
as a
lieutenant with the City
of Opelika Police Dopnrrment is required to be
eligibLe for
consideration for promotion to the position of captain.
a
Captain with the City of
Opelika Police Department is required to be
eligible for con—
sideration for promotion to the position of assistant
chief.
Prior "service"
as used
in this paragraph
means
continu-
ous, unbroken service from the employee's most
recent hire or
promotion date in his or her present position with the
City.
3.6193121]
Promotion recommendations
will
be made by
the immediate
supervisor of the vacancy in question up through the chain
of
command to the police chief.
In all cases the police chief
shall
have the
authority
and
responsibility to
make
the
final
recommendation to the Mayer.
.
.
:
will be
criteria for
Selections
policy or
action plan
and the goals
in accordance
made
promotions and
estalished
_
2
_
with
the City
the City
affirmative
thereunder.
Except as
required by law, attendance at the various
training and
educational courses available to department
employees is not
a mandatory prerequisite for
consideration for promotion, but
such successful
attendance
will
be
considered
as
a
plus
factor.
if
A
7"
,,
3?:49
'J
‘!
ORDINANCE NO.
‘
gag-52
AN ORDINANCE LEVYING AND IMPOSING ON THE LESSORS 0R RENTORS
0F TANGIBLE PERSONAL PROPERTY AN ADDITIONAL LICENSE BASED ON
THE GROSS PROCEEDS OF SUCH BUSINESS OF LEASING 0R RENTING
TANGIBLE PERSONAL PROPERTY WITHIN THE CITY OF OPELIKA
IT
BE
f
‘
x“,
ORDAINED, by
the City Council of the City of Opelika, Alabama, as
follows:
Section 1. The following words, terms and phrases, when used in this ordinance
shall have the meaning ascribed to them in this section, except where the context
clearly indicates a different meaning:
(a) The term "person" or the term "company” herein used interchangeably,
includes any individual, firm, co—partnership, association, corporation, receiver,
trustee, entity, or any other group or combination acting as a unit, and the
plural as well as the singular number, unless the intention to give a more limited
meaning is disclosed by the context.
(b)
The term
(c)
The
of Opelika.
"City"
means
the City of Opelika.
term "City Clerk” means the duly appointed City Clerk of the City
4
shall include all activities engaged
in, by any person with the object of gain, profit,
benefit or advantage, either direct or indirect, to such person.
(d)
in, or
I'\
K‘,
The term
"business"
means and
caused to be engaged
(e) The term "gross proceeds" means the value proceeding or accruing from
the leasing or rental of tangible personal property, without any deduction on
account of the cost of the property so leased or rented, the cost of materials
used, labor or service cost, interest paid or any other expenses whatsoever,
and without any deductions on account of loss, but shall not include the gross
proceeds accruing from the leasing or renting to another of the same property
which is to be leased or rented in a transaction subject to the provisions of
this ordinance as long as the lessee in such excluded transaction (who has leased
to re—lease) shall not use the same property to its own use; nor shall
include
a transaction whereunder the lessor leases a truck or tractor—trailer or semitrailer with driver furnished for operation over the public roads and highways
(such transaction being deemed to constitue the rendition of service and not
a "leasing or rental"); nor shall
include the gross proceeds accruing from
charges made by operators of hotels, motels, tourist courts, tourist cabins,
lodging houses, and rooming houses renting furnished rooms to transients, nor
to furniture and furnishings included with a house, apartment or other residential
unit being rented or leased to other persons as a "furnished" residential unit.
it
it
f\
\v,
(f) The term "leasing or rental" means and includes a tranaction whereunder
the person who owns, or controls the possession of tangible personal property
permits another person in the City of Opelika to have the possession or use
thereof for a consideration and for the duration of a definite or indefinite
period of time, without transfer of the title of such property. The detention
by the user thereof of freight cars, oxygen and acetylene tanks, and similar
property, in respect of which detention a demurrage or per diem charge is made
against the user of such property, shall not be deemed to constitute a transaction
whereunder property is leased or rented to another within the meaning of this
ordinance.
(g) The term "tangible personal property" means and includes personal
property which may be seen, weighed, measured, felt, or touched, or is in any
other manner perceptible to the senses. The term "tangible personal property"
shall not include stocks, bonds, notes, insurance, or other contracts,or securities.
Section 2. Efeective January 1, 1990, and thereafter, there is hereby
levied in addition to all privilege license taxes of every kind now imposed
by law, and shall be collected as herein provided, a privilege or license tax
against persons on account of the business activities and in the amounts to
be determined by the application of rates against gross proceeds as follows:
(a) Upon each person, whose place of business is within the City of Opelika,
engaging or continuing to engage in the business of leasing or renting tangible
personal property within the City or outside of the City, at the rate of two
percent of the gross proceeds derived by the Lessor therefrom; provided that
the privilege license tax levied in this ordinance shall not apply to any leasing
or rental, as lessor, by the United States of America, the State of Alabama,
or any municipality or county in the state.
(b) Upon each person, whose place of business is not within the corporate
of the City, but who engages in or continues in the business of leasing
or renting tangible personal property used or to be used within the City of
Opelika, a the rate of two percent of the gross proceeds derived by the lessor
therefrom from said tangible personal property used or to be used within the
City; provided that the privilege license tax levied in this ordinance shall
not apply to any leasing or rental as lessor, by the United States of America,
the State of Alabama, or any municipality or county in the state.
limits
Upon each person, whose place of business is not within the corporate
but within the police jurisdiction, engaging or continuing to engage
in the business of leasing or renting tangible personal property outside of
the City, at the rate of one percent of the gross proceeds derived by the Lessor
therefrom; provided that the privilege license tax levied in this ordinance
shall not apply to any leasing or rental, as lessor, by the United States of
America, the State of Alabama, or any municipality or county in the state.
(c)
limits
There are exempted from the computation of the amount of the
assessed or payable under this ordinance the gross
proceeds accruing from the leasing or rental of tangible personal property which
the City is prohibited from taxing under the Constitution or laws of the United
States, or under the Constitution and laws of the State of Alabama.
Section 3.
privilege license tax levied,
K;
Section 4. The privilege license tax levied under the provisions of this
ordinance, except as otherwise provided, shall be due and payable in monthly
installments on the first day of the month next succeeding the month in which
the privilege license tax accrues. 0n the first day of each month after the
ordinance shall have taken effect, every person on whom the amounts levied by
this ordinance shall file with the City, on a form prescribed by the City, a
true and correct statement showing the gross proceeds of his business, for the
next preceding month, the amount of gross proceeds which are not subject to
the privilege license tax or are not to be used as a measurement of the amounts
due by such person and the nature thereof, together with such other information
as the City may require, and at the time of making such monthly report such
person shall compute the privilege license taxes due and shall pay to the City
the amounts shown to be due. Such report and such payment shall be delinquent
not rendered and paid on or before the last day of the month in which
is due and payable. If any person subject to this ordinance should fail to render
any report required hereby or should willfully make a false statement of facts
in the statements or returns required hereunder he shall be guilty of a misdemeanor
and upon conviction shall be punished as provided in Section 7 of this ordinance.
it
if
Section 5. Any person taxable under this ordinance, making cash and credit
leases or rentals, may
he desires, report such cash leases or rentals only,
and he shall thereafter include in each monthly report all cash and credit collections
made during the month preceding, and shall pay the privilege license tax due
thereon at the time of filing such report.
if
in
and
It shall be the duty of every person engaging in or continuing
for which a privilege tax is imposed by this ordinance to keep
preserve suitable records of the gross proceeds of any such business and
Section 6.
any business
such other books or accounts as may be necessary to determine the amount
shall
be
of
is liable, under the provisions of this ordinance. And it
the duty of every person to keep and preserve for a period of three
tax for which
he
years, all invoices of gross proceeds, proceeding or accruing from the leasing
or rental herein taxed; and all such books, invoices, and other records shall
be open for examination at any time by the City Clerk or his authorized representative.
Any person leasing, who in addition leases for re—leasing, shall keep his books
so as to show separately the gross proceeds of leasing and the gross proceeds
of leasing for re—leasing.
Section 7.
section shall at
records and accounts mentioned in the next preceding
times be open to examination by the City Clerk or his re—
The books,
all
presentative, upon request by the City Clerk. Upon demand by the City Clerk
or his authorized representative, it shall be the duty of any person subject
to this license tax to submit to the City Clerk or his authorized representative,
for inspection and examination, during reasonable business hours, in the City
of Opelika, all books of account. Each occurrence of a failure to keep records,
or allow examination thereof shall constitute a separate offense.
-.\
I
,
Any person who shall fail to keep such records or who shall
refuse to permit such examination or who violates any other provisions shall
be guilty of an offense against the City of Opelika and upon conviction shall
be punished by a fine of not to exceed five hundred dollars ($500.00) for each
offense and by imprisonment not to exceed one hundred eighty (180) days, at
the discretion of the Court trying the case.
(“x
Section 8. Should any section, subsection or provision of this ordinance
declared invalid or unconstitutional by judgment or decree of any court of
competent jurisdiction, such judgment or decree shall not affect any other section,
subsection or provision.
be
Section 9. This ordinance shall become effective upon its approval by
the Mayor or upon its otherwise becoming law, and its publication as provided
by law.
,
by the
this the
6%
day
of
City Council of the City of Opelika, Alabama,
léeczmaeg
,
1989.
(mflvf
RESIDENT OF THE CITY COUNCIL OF THE
PELIKA, ALABAMA
f\
(A,
ATTEST:
LXLM
CITY CLERK
TRANSMITTED
Lefm
to the Mayor this [2%
day
of
“Effmflée
,
1989.
CITY CLERK
ACTION OF THE MAYOR
APPROVED
this the {4%
day of
[ggcgmggz
,
1989.
éwfigfimg
2,:n
ATTEST:
CITY
C
ERK
#//
h
ORDINANCE NO.
BE
IT
ORDAINED
by the
[33 159
City Council of the City of Opelika, Alabama,
follows:
as
Section 1. That Section 14—13 of the Code of Ordinances of the City of
Opelika, Alabama is hereby amended to read as follows:
Section
14—13 REVOCATION:
City may revoke any license issued under this article upon determination
that (l) the license has been issued upon the basis of false information
supplied by the licensee, (2) the licensee has failed to pay the full license
‘
due to the city; 25 the licensee shall have been convicted of a violation
of any ordinance or law relating to the operation of the licensed business.
The Mayor shall serve upon the licensee written notice of the decision to
revoke the license specifying the grounds therefor. The notice of revocation
shall be served personally or by registered or certified mail, return receipt
requested. The licensee may appeal to the City Council any decision by
the Mayor to revoke a license. Such appeal must be filed in writing with
the City Clerk within fifteen (15) days from the date of notice of revocation.
Upon receipt of an appeal, the City Council shall, as soon as practicable,
fix a date, time and location for the hearing of the appeal. The hearing
date shall not be more than thirty (30) days from the date the appeal was
filed with the City Clerk. Written notice of the time and location of the
hearing shall be delivered personally or mailed to the licensee by certified
mail, postage prepaid, and receipt requested. The appellant may appear at
the hearing in person or through his attorney or other designated representative.
After the governing body has reviewed the evidence, it shall issue a final
decision in writing and a copy of the decision shall be delivered to the
appellant either personally or by certified mail, postage prepaid, return
receipt requested. The effective date of the City Council's decision shall
be stated therein.
Enforcement of any decision of the Mayor to revoke a
'license under the provisions of this article shall be held in abeyance during
the course of an appeal.
The
Section 2. That Section 14-14 of the Code of Ordinances of the City of
Opelika is hereby amended to read as follows:
Section 14-14
LICENSE SCHEDULE:
of charges for licenses as adopted and revised from time to
time by the governing body shall be levied annually, unless otherwise provided
by the governing body. The regulatory provisions of this article shall
be applicable to any license schedule adopted; provided the
governing body
may impose any additional regulatory provisions
deems necessary.
Any schedule
it
as
Section 3. This ordinance shall take effect upon adoption
required by law.
Section 4.
directed to cause
The
and
publication
City Clerk of the City of Opelika is hereby authorized
and
copy of this ordinance to be published one (1) time in the
Opelika-Auburn News, a newspaper published in and of general circulation of the
City of Opelika, Alabama.
f\
a
this the 15%
PR
F
of
day
( NG‘QA
SIDENT
OF THE
PELIKA
m
[)gcgmagg:
, 1989.
CITY COUNCIL OF THE CITY
ATTEST:
Zuggfé=&
CITY CLERK
TRANSMITTED
Lféa
to Mayor, this the
(9th
day
of
AFJ‘FMBflL
CITY CLERK
,
1989.
ACTION BY MAYOR
APPROVED
/\
f"“'
J
\x
f'\
this the (Qib
.ww
ATTEST:
CITY CLERK
day of
,
1989.
kill/1mg,
WV
Y
.,
#7:?
ORDINANCE NO.
BE
IT
ORDAINED by
452-32
the City Council of the City of Opelika, Alabama as
follows:
of
SECTION 1:
That Section 2—67(IV) of the Code of Ordinances of the City
Opelika, Alabama, is hereby amended to read as follows:
2—67(IV) DEBTS
SEC.
Sworn members and
all legal
civilian
employees
of the Department shall pay
debts.
That Section 2—69(E) of the Code of Ordinances of the City
amended to read as follows:
SECTION 2:
of Opelika, Alabama, is hereby
SEC.
2—69(E)
A sworn member
or
civilian
investigation of charges will
employee suspended from duty pending
be suspended with pay.
Within three (3)
be held before the Assistant Chief
a due process hearing will
of Police. Prior to the due process hearing. the Assistant Chief shall
give the employee notice and specification of the charges against him.
The hearing shall be conducted informally and the employee shall be
afforded the opportunity to present evidence in defense or mitigation
of the charges. The Assistant Chief shall issue his decision in writing
within three (3) working days of the hearing. The police officers shall
have the right to appeal to a disciplinary review board as provided in Section
2-7l. The Assistant Chief shall insure that the officer is notified of
his/her right of appeal.
days,
SECTION 3:
That Section 2—71 of the Code of Ordinances of the City of
Opelika, ALabama, is hereby amended as follows:
SEC.
\/
2-71
DISCIPLINARY ACTION AND APPEAL PROCEDURE
The purpose of this Section is to establish a due process procedure
for disciplinary actions. In addition to the City of Opelika's Personal
Grievance Procedures, Police Officers shall be entitled to a hearing
befoxe an Internal Disciplinary Review Board. This Section addresses
the due process requirements relating to all disciplinary proceedings.
In the event an officer is charged with a rule violation the following
policies will be observed by all supervisors. If disciplinary actions
cannot be resolved informally, an aggrieved officer should follow the
appeal process set out below.
A.
Disciglinarx Action:
action against
be recorded
be asked to
an
on an
When a
officer of
supervisor recommends disciplinary
the Police Department, the incident
will
appropriate Work Incident Form. The Officer will
Sign a Work Incident Report indicating that he is aware
of the report and the charges contained therein. By signing the
report, the Officer neither agrees nor disagrees with the substance
of the report. Should any Officer refuse to sign, a witness (other
than the supervisor), should sign to the effect that the refusing
Officer did see the report. An Officer is not required to acknowledge
in writing the receipt of an oral reprimand by a supervisor.
f“
A
Corporal, Sergeant, Lieutenant, or Captain of Police
may
discipline subordinate personnel for any one violation of an order
or departmental policy. rule and regulation, or procedure by oral
reprimand (must be documented), written formal warning, or by
TEMPORARY suspension from duty in accordance with Section 2~69(E).
supervisor recommends disciplinary action, a Work
be forwarded immediately through the chain of
to the division commander for his information and recommenda-
Whenever a
Incident Report
command
will
tions or concurrence
division
on the proposed
will forward
who will review
commander
disciplinary action.
The
the Work Incident Report to the
the report and recommendations and
Assistant Chief
take the appropriate disciplinary action. Upon receipt of a Work
Incident Report. the Assistant Chief will immediately notify the
Chief of Police of the incident and the recomméndations of the super—
visors.
'
Assistant Chief
will
responsible for conducting
and taking the appro—
priate disciplinary action. The due process hearing will
be conducted in the same manner and in conformity with the
same procedures as provided in Section 2—45(VI) for a
determination hearing. The Assistant Chief will insure that
The
a
due process
hearing for the
all disciplinary
be
officer
forms are completed, signed and forwarded
to the Chief of Police.
the officer disagrees with the
disciplinary action, he/she shall have the right to apppeal
to 3 Disciplinary Review Board as provided herein. The Assistant
Chief shall insure that the officer is notified of his right
If
of appeal.
3.
Composition of Disciplinary Review Board: The Disciplinary
Review Board will be composed of three members: one member to
be appointed by the Chief of Police, one member appointed by
the aggrieved officer, and the third member, who will be the
Board Chairman, to be selected by the two appointed members.
The board members shall be sworn police officers of any rank
selected from any assignment within the Department.
Reguest for Hearing: The Board shall be convened by
direction of the Chief of Police after receipt of a written
request by the officer for a hearing by the Disciplinary
Review Board. The aggrieved officer shall make his/her request
for a hearing in writing through his/her division commander to
the Chief of Police no later than five (5) days following the
C.
notification by the Assistant Chief of his decision to impose
disciplinary action. In the event the officer fails to request
a hearing within five (5) days, the decision to impose disciplinary action will be considered final and the officer will
to have accepted such action. Upon a timely request
hearing, the Chief of Police shall, within five (5) days
of the reciept of said request, direct a Disciplinary Review
Board to be formed in the manner as prescribed in this section.
be deemed
for
a
for Hearing : The Disciplinary Review Board
hearing within four (4) days of notification by
the Chief of Police of the formation of the Board. The Assistant
Chief will give a copy of the original Work Incident Form to
(d)
Procedures
shall hold
a
the Board.
formed, the Disciplinary Review Board will meet and
appeal. In the event the aggrieved officer
fails to appear at said Hearing, the appeal will be dismissed
and the officer shall be deemed to have waived any objections
to the imposition of the original disciplinary action. At the
request of the officer and for good cause shown, the Chief of
Police may continue and reset any scheduled hearing of the
Disciplinary Review Board.
Once
hear the
officer's
officer shall be afforded the opportunity to be heard in
person or by his representative or attorney at the hearing. After
the hearing, the Disciplinary Review Board shall issue a written
non—binding recommendation to the Chief of Police. The Board,
in its discretion, may recommend to the Chief of Police that
disciplinary action be affirmed or set aside, or that the type
or severity of the disciplinary action be modified. Upon receipt
and review of the recommendation of the Board, the Chief of
Police
shall issue his decision in writing regarding the type of disciplinary
action,
any, to be taken against the officer. The officer
shall have the right to appeal from an adverse decisison to a
grievance committee as provided in Section 2-46(III)(D).
The
if
All documents, reports and papers relating to the facts,
circumstances, hearings, recommendations and decisions relating
to the aggrieved officer shall be placed in his/her departmental
personnel file. Copies of all documents shall be furnished to
the officer upon request.
Termination or Suspension of Employees: An employee who
is discharged or suspended without pay for more than five (5)
days shall be entitled to a hearing before a grievance committee
as provided in Section 2-46(III)(D). The procedure for review
by a Disciplinary Review Board shall be in addition to, and
shall not supersede any officer's right to a hearing before a
E.
grievance committee.
\/
‘
f"‘
F.
Forms Used
1.
\
to Document Disciplinary Actions:
Employee Work Incident Report (Three (3) part, colored) to be used for Commendations, exceptional work performance,
or outstanding actions. Use also to recommend the termina—
tion of, or to report deficiencies of, a probationary employee.
Requires employee's signature.
Employee Work Incident Report for Documentation of Oral
Regrimand — to be used when a supervisor issues an oral
reprimand to a subordiante
employee's signature.
officer.
Does
not require
Employee Work Incident Report for Written Formal Warning
to be used by a supervisor when issuing a written formal
warning to
a
subordinate
officer.
-
Requires employee's
signature.
Notice of Disciplinary Action and Right to Discig;inary
Review Board: To be used by supervisors when recommending
an employee be TEMPORARILY SUSPENDED from duty
EEEE pay.
Supervisors shall make a recommendation for the type action
to be taken. Requires employee‘s signature.
Request or Waiver for Disciplinary Review Board - this is
a two—part form to be completed by the Assistant Chief for
the employee to request or waive a Disciplinary Review Board.
Requires employee's signature.
(\
K./
Notification of Disciplinary
Review Board Hearing: to be
completed by the Chief of Police to notify the employee of
the time, date, and location of the Disciplinary Review Board
hearing. Requires employee's signature.
Notice of Disciplinary Action and Right to Determination Hearing
to be completed by the Division Commander to RECOMMEND TERMINATION
of an employee as a disciplinary action. Requires employee's
signature. (This form is not to be used for recommending
termination of a recently hired probationary employee).
Receigt of Termination Notice
to be given to the employee
by the Assistant Chief. Does not require employee's signature.
—
for Determination Hearing - to be given
Chief to the employee for completion requesting
Request
by the
Assistant
Determination
Hearing before the Chief of Police and to be returned to the
Assistant Chief by the employee. Requires employee's signature.
10.
a
Notice of Possible Disciplinary Action and Determination Hearing
to be completed by the Assistant Chief, signed by the Chief
of Police, and a copy given to the employee. Does not require
11.
Employee Request to Grievance Committee
- to
be given by the
Assistant Chief to the employee for completion should the employee
appeal the disciplinary action to the City of Opelika Grievance
Committee. Requires employee's signature.
12.
Employee Grievance to Immediate Supervisor - to be completed
by the employee and submitted to the Assistant Chief when employee
appeals to the City of Opelika Grievance Committee. Requires
employee's signature. (This form was prepared by the City
Personnel Department and states immediate supervisor but will
be handled by the Assistant Chief).
13.
Immediate Supervisor's Answer to Employee Grievance — to be
completed by the Immediate Supervisor and forwarded through
the Division Commander to the Assitant Chief. Does not require
the employee's signature.
14.
Department Head's Answer to Employee Grievance - to be completed
by the Chief of Police and copies given to the employee and
the City of Opelika Grievance Committee. Does not require
SECTION 4:
All former ordinances or parts thereof conflicting or inconsistent
with the provisions of this ordinance or appeal.
SECTION 5:
This ordinance shall become effective upon publication as
required by law and shall be codified in the Code of Ordinances of the City of
Opelika.
I
\‘1
SECTION 6:
The City Clerk is hereby authorized, directed and empowered
to cause this ordinance to be published one (1) time in the Opelika-Auburn News,
a newspaper published in and of general circulation in the City of Opelika, Lee
County, Alabama.
this the 153’
day
of
W,
1989.
Q<Nn (EL FIR-“Y
RES
CITY
ENTVGF THE CITY COUNCIL OF THE
F OPELIKA. ALABAMA
ATTEST:
A 545n
CITY CLERK
\/
TRANSMITTED
to the Mayor
this the My!)
day
ACTION BY MAYOR
this the (bib
ATTEST:
Zu/lé/ny/
"
cn‘Y CL'ERK‘”
W,
1989.
1.5%
CITY CLERK
APPROVED
of
day
of

(3) Unmarked Police Cars to Kilpatrick Chevrolet of Opelika on their

Transcription

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