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October 23, 2014

Agreement reached on $500,000 claim by school board against city

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Posted: Monday, June 9, 2014 10:59 pm

PELL CITY – Improved parking and access to some Pell City school facilities will result from an agreement between the City Council and the Board of Education. The council unanimously approved an agreement Monday to complete certain projects to settle a half-million-dollar claim against the city by the school board.

Apparently the city and the board were supposed to share utility costs of the Pell City Center for Education and Performing Arts, which is jointly owned by the school board and city, but the school system began paying all utility costs for the facility when it opened. 

Although the agreement states that the city disputes the alleged costs relating to the operation and maintenance of the Pell City Center for Education and Performing Arts, city leaders wanted to resolve the issue by performing in-kind services for the BOE on the condition that “the Board shall release and discharge the City from any and all obligations arising out of the past operation and maintenance of CEPA.”

In accordance with the agreement, the city will create additional parking at the spring sports complex and widen the roadway leading to the spring sports complex.

The city will also create additional parking at the CEPA and complete clearing and grading behind the indoor training facility.

The city is also responsible for destroying and removing a home on the Eden Elementary School campus, and grading a lot behind Iola Roberts Elementary School for additional parking. 

The city will also grade and develop a walkway from Williams Intermediate School to the playground behind the school, according to the agreement. 

According to the agreement, upon the completion of the work, “the Board shall release and discharge the City from any and all claims, demands, actions, causes of action, damages, indebtedness or other liabilities that the Board may have against the City arising from and out of the operation and maintenance of CEPA from all times in the past to the date of the execution of this agreement.”

The Board of Education is expected to consider the approval of the agreement at Tuesday night’s board meeting. 

In other matters Monday, the council:

• Approved the purchase of a 2014 F-150 pickup truck from the state bid list for $24,117.

• Approved an agreement for architectural services in the amount of $24,500 for a Community Development Block Grant for work at the 19th Street Community Center.

• Approved hiring Goodgame Company to complete repair work to the Pell City Public Library in the amount of $12,791.

• Established a pay grade of 18 for a fire department training officer to oversee the fire college training for high school students.

• Approved soliciting bids for the repair and renovation of the park bridge and pier in Lakeside Park.

• Approved soliciting bids for fall sports uniforms and trophies.

• Approved Union State Insurance Company as the insurance agent of record for the city.

• Approved soliciting bids for trash pick-up and recycling services for the city. 

• Approved soliciting bids for the expansion and upgrade project for the city’s wastewater treatment plant. 

• Appointed Lauren Tice as a temporary municipal judge for the city for a period of 30 days. 

• Held a public hearing pertaining to a new cell tower at 507 Martin Street North. 

• Approved providing a quitclaim deed for property believed to be part of an unopened right-of-way that the city vacated in the early 1900s. The property in question is adjacent and contigous to property owned by Jack Hayes, Ronnie E. Smith and Sheree Howard Dey, and the landowners have been in exclusive possession of the property for more than 20 years.

• Announced that the next council work session is scheduled for 10 a.m. on Wednesday, June 18.

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