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TC 2002
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July 16, 2002 <br />The Mooresville Town Council met in regular session on Tuesday, July 16, 2002 at 6:30 <br />P. M. at the Mooresville Town Hall. <br />Town Council members present were: President Tom Warthen, Mark Mathis, Toby <br />Dolen, John L. Clark, and Andy Pygman. No council members were absent. Town <br />attorney Tim Curren was present. Jeremy Town from the Mooresville Church of God <br />gave the invocation. <br />Public Hearing for TOA tax abatement: There were no public comments. Motion was <br />made by Councilman Mathis, second by Councilman Dolen to approve the Findings of <br />Fact. Motion carried 5 -0. <br />Motion was made by Councilman Mathis, second by Councilman Dolen to approve <br />Confirmatory Resolution # 9, 2002, for a ten year tax abatement for a TOA project. <br />Motion carried 5 -0. <br />Next on the agenda was Carl Keller, 128 South Street requesting the alley behind his <br />house have some holes filled in and the alley leveled out. He said there were two foot <br />holes that had never been filled. He told the Town Council that one year ago the council <br />said the alley would be leveled out and put back as it originally was after the sewer work <br />had been completed. President Warthen apologized to Mr. Keller saying he had thought <br />the holes had been filled in and said he did not see a problem putting the alley back to <br />exactly as it was. Mr. Keller said the property owners would then pave the alley. The <br />area is 300 feet long and 9 feet wide. The council did not see a problem with property <br />owners paving this area if it was a platted right of way. Town Council consensus was to <br />go ahead and level out and have Street Superintendent Joe Beikman get prices on paving <br />and stone. <br />Alan Biddle, 426 Tulip Drive, spoke to the council concerning a manhole washed out and <br />damaged properties at 426 and 422 Tulip Drive. President Tom Warthen had looked at <br />the problem and said 2,000 feet of 8 inch pipe plus 9 manholes were needed. Street <br />Superintendent Joe Beikman guessed cost would be between $100,000.00 and <br />$150,000.00 for the repairs and thought the town would have to authorize to advertise for <br />bids. This expense is allowable from the Food and Beverage Fund. Mr. Biddle asked <br />about the property owner's damage. Town attorney Tim Currens told him the Town <br />could not go on private property to make repairs but an evaluation of damages could be <br />made. Motion was made by Councilman Mathis, second by Councilman Clark to <br />authorize advertising for bids to fix the pipe, manholes and gravel at site of culvert, and <br />to evaluate if easements are needed to protect the town sewers, and to pay from Food and <br />Beverage. Motion carried 5 -0. <br />Next was a letter from Mooresville Christian Academy requesting an adjustment to the <br />Availability Agreement. The Academy was charged an extra $13, 575.00 for boring thru <br />rock. Councilman Mathis told the council the bid was submitted with a "rock clause" in <br />it. Councilman Pygman said he thought this was unforeseen additional work for Swinney <br />Brothers and the Academy should pay. Motion was made by Councilman Pygman to <br />deny payment of $13,575.00 out of Developer Availability Fund to the Mooresville <br />Christian Academy. No second was forthcoming, so the motion died. Motion was made <br />by Councilman Dolen, second by Councilman Clark to approve payment of $13,575.00 <br />to Mooresville Christian Academy. Motion carried 3 -2. Councilman Pygman and <br />Councilman Warthen opposed. <br />Other Business: Councilman Mathis told the council Umbaugh and Associates had <br />investigated sewer rates from the surrounding areas and Dave Frederick would be at the <br />August 6'h meeting. Councilman Pygman and Councilman Mathis will confer with him <br />prior the the meeting. <br />
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