City Council

January 25, 2016 STATE OF ALABAMA, LIMESTONE COUNTY, CITY OF ATHENS. The City Council of the City of Athens, Alabama met in regular session at the Athens Police Department Court Room, 951 Hobbs Street East in the said City on January 25, 2016, at 5:30 p.m. The meeting was called to order by Councilman Wayne Harper, President of the Council. Upon roll call the following were found to be present: Councilmember Chris Seibert, Harold Wales, Joseph Cannon and Wayne Harper. Councilmember Jimmy Gill was absent. Mason Matthews, City of Athens Gas Department, introduced the following members of the Mayor’s Youth Commission who led the Pledge of Allegiance: Kade Sparks, Caleb Boyd and Mallory Underwood. Annette Barnes, City Clerk, was present and recorded the minutes of the meeting. Harold Wales offered the invocation. The Chairperson stated that a quorum was present and that the meeting was open for transaction of business. The Chairperson stated that the Minutes of the January 11, 2016 City Council Meeting had been submitted for approval. Councilman Cannon moved that the reading of the Minutes be suspended and that the Minutes be approved as recorded. The motion was seconded by Councilman Seibert and was unanimously carried. The Chairperson stated that the Minutes of the January 11, 2016 City Council Work Session Meeting had been submitted for approval. Councilman Cannon moved that the reading of the Minutes be suspended and that the Minutes be approved as recorded. The motion was seconded by Councilman Seibert and was unanimously carried. A public hearing was held to hear comments on the sale of alcohol for Athens Rotary Club, Inc. for a special event. No one spoke in favor of or against. The public hearing was closed. A public hearing was held to hear comments on vacating a public alley between Sanders Street and Horton Street. Alan Shero, Director of Plant Operations for Athens Limestone Hospital, spoke in favor of vacating the public alley, stating that the hospital could utilize this space for much needed additional parking. The public hearing was closed. Councilman Wales introduced the following resolution: RESOLUTION NUMBER 2016-1454 A RESOLUTION VACATING A PUBLIC ALLEY RUNNING BETWEEN SANDERS STREET AND HORTON STREET WHEREAS, this Resolution relates to a public alley located in the city of Athens, Alabama, located north of the hospital, running easterly and westerly between Sanders Street and Horton Street, and more specifically described as follows: A fifteen (15) foot wide alley lying South of Lots 1-12 and North of Lots 13-24 on Block 11 of Edgewood Subdivision, as located in Plat Book A, Page 39 in the Office of the Judge of Probate of Limestone County, Alabama (herein referred to as the “Public Way”); WHEREAS, the Health Care Authority of Athens and Limestone County proposed that the City of Athens vacate the Public Way pursuant to the provisions of Title 23, Chapter 4 of the Code of Alabama;  WHEREAS, the City Council has determined that it is in the interest of the public that the Public Way should be vacated; WHEREAS, the Health Care Authority of Athens and Limestone County is the owner of all lots or parcels of land that abut the Public Way; WHEREAS, pursuant to Title 23, Chapter 4 of the Code of Alabama, the public and abutting owner have been notified of the proposed vacation of the Public Way; WHEREAS, the vacation of the Public Way will not cause persons to be cut off from access over some other reasonable and convenient way; WHEREAS, Athens Utilities maintains electrical lines and sewer lines within the Public Way, but the vacation of the Public Way, as explained herein, will not prevent Athens Utilities from accessing, maintaining, extending, and enlarging those lines to the same extent as if such vacation had not occurred; and WHEREAS, the vacation of the Public Way will not deprive other property owners of any right they may have to convenient and reasonable means of egress and ingress to and from their property. THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA while in regular session on January 25, 2016 at 5:30 p.m., as follows: 1. The Public Way is hereby vacated upon the City Clerk’s filing of this Resolution with the Probate Court of Limestone County, and the City Council does thereupon divest itself of all public rights and liabilities therein in accordance with § 23-4-2(b) of the Code of Alabama. 2. Upon payment by the Health Care Authority of Athens and Limestone County of the City’s administrative and legal costs related to the vacation of the Public Way as determined by the City Clerk, the City Clerk shall cause a copy of this Resolution to be filed with the Probate Court of Limestone County. Such filing shall operate as a declaration of the governing body’s vacation and shall divest all public rights and liabilities, including any rights which may have been acquired by prescription, in that part of the public alley vacated. 3. Title and all public rights in the Public Way shall vest in the abutting owner, the Health Care Authority of Athens and Limestone County.  4. However, notwithstanding anything herein to the contrary, entities (such as the City by and through Athens Utilities) with utility lines, equipment, or facilities in place at the time of vacation, shall have the right to continue to access, maintain, extend, and enlarge their lines, equipment, and facilities to the same extent as if the vacation of the Public Way had not occurred. Moreover, such entities may continue to move across and along the vacated area to reach their lines, equipment, and facilities for the above purposes as if the vacation had not occurred. 5. The City Clerk shall cause notice of this action to be published once in the Athens News Courier no later than 14 days after the adoption of this Resolution. ADOPTED this the 25th day of January, 2016. /s/ Wayne Harper PRESIDENT, CITY COUNCIL, CITY OF ATHENS, ALABAMA /s/ William R. Marks MAYOR, CITY OF ATHENS, ALABAMA ATTEST: /s/ Annette Barnes CITY CLERK, CITY OF ATHENS, ALABAMA CERTIFICATION OF CITY CLERK STATE OF ALABAMA ) LIMESTONE COUNTY ) I, Annette Barnes, City Clerk of the City of Athens, Alabama, do hereby certify that the above and foregoing is a true and correct copy of a Resolution duly adopted by the City Council of the City of Athens, Alabama, on the 25th day of January, 2016. Witness my hand and seal of office this ___ day of __________________, 2016. ____________________________________ Annette Barnes, City Clerk The motion was seconded by Councilman Seibert and was unanimously carried. A public hearing was held to hear comments on an unsafe structure and public nuisance at 106 Wellington Road. The public hearing was closed. Councilman Seibert made for introduction only the following resolution: RESOLUTION NUMBER __________________  A RESOLUTION DETERMINING THAT A STRUCTURE AT 106 WELLINGTON ROAD IS UNSAFE AND A PUBLIC NUISANCE, AND ORDERING ABATEMENT OF SAME WHEREAS, this Resolution is authorized by Ordinance No. 2012-1862 and/or § 11-40-30, et seq. of the Code of Alabama, in addition to other legal authority; WHEREAS, the appropriate municipal official has presented information to the City Council about a residential structure and/or swimming pool (collectively herein referred to as the “Structure”) located at the real property described as follows: Address: 106 Wellington Road, Athens, AL 35613 Parcel ID # 10-02-10-4-003-004.000 Legal Description Lot 4 of Block A of the East Hampton Subdivision, as shown by the map or plat of said subdivision recorded in the Office of the Judge of Probate of Limestone County, Alabama, in Plat Book C, Page 97. (herein referred to as the “Property). WHEREAS, the appropriate municipal official has determined that the condition of the Structure is unsafe in that the Structure constitutes a public nuisance to the citizens of Athens; WHEREAS, at this regular meeting, the City Council has conducted a public hearing concerning this matter, and has received information (including applicable photographs) from the appropriate municipal official concerning the Property and Structure; WHEREAS, the Structure has been deemed unsafe to the extent that it is a public nuisance due to the following reasons: (1) The interior walls or other vertical structure members list, lean, or buckle to such an extent that a plumb line passing through the center of gravity falls outside of the middle third of its base; (2) Exclusive of the foundation, the Structure shows thirty-three (33) percent, or more, of damage or deterioration of one (1) or more supporting members, or fifty (50) percent of damage or deterioration of the non- supporting enclosing or outside walls or covering; (3) The Structure has improperly distributed loads upon the floors or roofs, or in which the same are overloaded, or has insufficient strength to be reasonably safe for the purpose used;  (4) The Structure has been damaged by fire, wind, earthquake, flood, sinkhole, deterioration, neglect, abandonment, vandalism, or any other cause so as to have become dangerous to life, health, property, morals, safety, or general welfare of the public or the occupants; (5) The Structure has become or is so damaged, dilapidated, decayed, unsafe, unsanitary, lacking in maintenance, vermin or rat infested, containing filth or contamination, lacking proper ventilation, lacking sufficient illumination, or so utterly fails to provide the amenities essential to decent living that it is unfit for human habitation, or is likely to cause sickness or disease, so as to work injury to the life, health, property, morals, safety, or general welfare of the public or the occupants; (6) The Structure contains unsafe equipment, including any boiler, heating equipment, elevator, moving stairway, electrical wiring or device, flammable liquid containers, or other equipment on the premises or within the structure which is in such disrepair or condition that such equipment is a hazard to the life, health, property, morals, safety, or general welfare of the public or the occupants; (7) The Structure is so damaged, decayed, dilapidated, structurally unsafe, or of such fault construction or unstable foundation that partial or complete collapse is possible; (8) The Structure has parts thereof which are so attached that they may fall and damage property or injure the public or the occupants; (9) The Structure, or any portion thereof, is clearly unsafe for its use or occupancy; (10) The Structure is neglected, damaged, dilapidated, unsecured, or abandoned so as to become an attractive nuisance to children who might play in or on it to their danger, has become a harbor for vagrants, criminals, or immoral persons, or enables persons to resort to it for committing a nuisance or an unlawful act; (11) The Structure has a portion remaining on a site after the demolition or destruction of the same or is abandoned so as to constitute it as an attractive nuisance or hazard to the public; and (12) The Structure is, because of its condition, unsafe, unsanitary, or dangerous to the life, health, property, morals, safety, or general welfare of the public or the occupants. WHEREAS, after the finding by the appropriate municipal official that the Structure was unsafe to the extent that it is a public nuisance, notice was issued pursuant to Ordinance No. 2012-1862 to persons who may have an interest in the Property, and such notice was issued more than fifty (50) days prior to the date of this Resolution; WHEREAS, it appears that no person has remedied the conditions on the Property; and WHEREAS, after due deliberation and an examination of the conditions on the Property, it appears to the City Council that the Structure is unsafe in that it presents a public nuisance to the citizens of Athens, and that the same is due to be demolished. THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA on ___________, 2016 at _____ p.m., as follows: 1. The Structure shall be demolished by the City of Athens.  2. The appropriate municipal official shall make a report to the City Council of the costs associated with the demolition of the Structure so that it may adopt a resolution fixing all costs reasonably incurred in the demolition and assessing such costs against the Property. 3. This work may be performed by City’s own forces, or, if the appropriate municipal official investigates and determines it to be preferable that the work occur through the use of third parties, then the Athens Public Works Department may enter into such contract upon council approval. The City may sell or otherwise dispose of salvaged materials resulting from the work, at the election of the Mayor and/or his designee. 4. If any provision of this Resolution, or the application thereof to any person, thing or circumstances, is overruled, modified, or deemed invalid by a court of competent jurisdiction, such action shall not affect the provisions or application of this Resolution that can be given effect without the overruled, modified, or invalidated provisions or application, and to this end, the provisions of this Resolution are declared to be severable. ADOPTED this the _____ day of ___________, 2016. ___________________________________________ WAYNE HARPER, CITY COUNCIL PRESIDENT CERTIFICATION OF CITY CLERK STATE OF ALABAMA ) LIMESTONE COUNTY ) I, Annette Barnes, City Clerk of the City of Athens, Alabama, do hereby certify that the above and foregoing is a true and correct copy of a Resolution duly adopted by the City Council of the City of Athens, Alabama, on the ____ day of _______, 2016. Witness my hand and seal of office this ___ day of __________________, 2016. ____________________________________ Annette Barnes, City Clerk Trish Black, outgoing Executive Director of the Spirit of Athens, introduced the new Executive Director, Dana Hickman. Ms. Black, whose last day with SOA will be February 5th, has accepted a position with Main Street Alabama. Russ Johnson, President of the Athens City Board of Education, addressed the Council and expressed his appreciation for the Council’s work in support of the Board’s capital plan. He also stated that the Board and staff would be available to answer any further questions the Council might have concerning the plan. Councilman Wales introduced the following resolution:  RESOLUTON TO ALLOCATE FY 2015 CAPITAL APPROPRIATION WHEREAS, on December 14, 2015, the City Council approved a FY 2015 budget amendment to appropriate $600,000 for capital expenditures, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA, to allocate the FY 2015 appropriation of $600,000 as follows: Police Department $ 220,000 Fire Department 30,000 Sanitation Department 125,000 Street Department 150,000 Building Department 25,000 Information Technology 30,000 Cemetery Parks and Recreation 20,000 Total Capital Expenditures $ 600,000 The motion was seconded by Councilman Seibert and was unanimously carried. Councilman Cannon introduced the following resolution: RESOLUTION NUMBER 2016-1455 WHEREAS, AT&T has requested to modify an existing telecommunications facility located at 204 Commercial Drive, Athens, AL to provide enhanced wireless services essentially within the corporate limits City of Athens; WHEREAS, AT&T has complied with City’s Ordinance No. 1999-1320 and has demonstrated the need for modification of this wireless facility to deliver consistently reliable services in the identified area, and; WHEREAS, both the City and AT&T customers in Athens will benefit from improved service; and; WHEREAS, the City’s consultant, The Center for Municipal Solutions (CMS), recommends the granting of a Special Use Permit for modification of this facility located at 204 Commercial Drive, Athens, AL, which consists of a 300' ft. Self-Support tower; THEREFORE, BE IT RESOLVED by the City Council of the City of Athens, Alabama that AT&T is hereby granted a Special Use Permit to modify facilities at 204 Commercial Drive, Athens, AL. As recommended by CMS, the Special Use Permit is subject to compliance with the following conditions prior to the issuance of said permit and/or a Certificate of Completion: 1. Prior to the issuance of the Certificate of Occupancy, AT&T must fix the missing compound fence grounds, fix the missing ground on the electrical H-frames and remove an old sheet of plywood that was been left at the site. 2. To prevent warehousing of permits or authorizations and to assure the best service to the City’s residents as expeditiously a possible, the facility must be built, activated and be providing service no later than one hundred twenty (120) days after the issuance of the Special Use Permit or other applicable authorization, subject to commonly accepted force majeure exceptions acceptable to the City. AT&T may petition the City of an extension of this for good cause shown, but the decision whether or not to grant the extension shall exclusively be the prerogative of the City.  3. AT&T must provide contractor information with construction schedule to the City and to CMS prior to the issuance of the Building Permit. The contractor must notify the City’s consultant for all inspections. 4. At the completion of construction, the Applicant must notify the City’s consultant and provide proof that all inspections have been satisfactorily completed and the project is ready for a final on- site inspection. Upon passing the final inspection, a recommendation to issue a Certificate of Occupancy shall be made. 5. AT&T shall not be permitted to actually provide service commercially until the Certificate of Occupancy or its functional equivalent is issued or risk forfeiting its Permit. 6. The Certificate of Occupancy shall not be issued until all fees and costs associated with this Permit, including inspections, have been paid. ADOPTED this the 25th day of January, 2016. /s/ Wayne Harper PRESIDENT, CITY COUNCIL, CITY OF ATHENS, ALABAMA /s/ William R. Marks MAYOR, CITY OF ATHENS, ALABAMA ATTEST: /s/ Annette Barnes CITY CLERK, CITY OF ATHENS, ALABAMA The motion was seconded by Councilman Wales and was unanimously carried. Councilman Cannon introduced the following resolution: RESOLUTION TO ACCEPT PROPOSAL FOR AERIAL PHOTOGRAPHY SERVICES Whereas, the Athens-Limestone GIS Consortium formed by the Memorandum of Understanding for Computer Mapping and Data Management System Participation (MOU) voted unanimously to accept Pictometry International Corporation’s proposal for 2016 Aerial Orthophotography, Obliquephotography and Hosting Services. THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA, to accept the proposal of Pictometry International Corporation for aerial photography services for the City of Athens in accordance with the MOU. The total cost of providing these services is not to exceed $383,000.00 and shall be payable over a three year period beginning in fiscal year 2016 as follows: Share Total Cost Annual Cost City of Athens General Fund 25.25% $ 96,707.50 $ 32,235.84 Athens Water & Sewer Dept. 8.25% $ 31,597.50 $ 10,532.50 Athens Gas Dept. 8.25% $ 31,597.50 $ 10,532.50 Athens Electric Dept. 8.25% $ 31,597.50 $ 10,532.50 Other GIS Consortium Members 50.00% $191,500.00 $ 63,833.34 100.00% $383,000.00 $127,666.68 The funding for fiscal year 2016’s general fund share of the aerial photography services will be from the existing GIS Consortium funds in the Capital Projects Fund. The funding for the utilities share will be from the 2016 utilities operating budgets. Councilmember Seibert moved that unanimous consent be given for immediate consideration of and action on said resolution, which motion was seconded by Councilmember Wales, and upon the said motion being put to vote the following vote was recorded: YEAS: Councilmembers Seibert, Wales, Cannon and Harper; NAYS: None. The President thereupon declared that the motion for unanimous consent for immediate consideration of and action on the said resolution had been unanimously carried. Councilmember Cannon thereupon moved that the resolution be finally adopted, which motion was seconded by Councilmember Seibert and upon the said motion being put to vote the following vote was recorded: YEAS: Councilmembers Seibert, Wales, Cannon and Harper; NAYS: None. The President thereupon announced that the motion for the adoption of the said resolution had been unanimously carried. Councilman Seibert introduced the following ordinance: STATE OF ALABAMA, LIMESTONE COUNTY, CITY OF ATHENS. ORDINANCE NUMBER 2015-1984 ORDINANCE AUTHORIZING THE LEASE OF CERTAIN REAL PROPERTY TO THE ATHENS ARTS LEAGUE WHEREAS, the City is the owner of that certain building and parking lot in the City of Athens, Limestone County, Alabama, situated on the northwest corner of the intersection of Washington Street and East Street, formerly the home of the Central Office of the Athens City Board of Education, and commonly referred to as the “Little Red Schoolhouse” (the “Building”); WHEREAS the Building is not needed for the municipal and/or public purposes of the City; WHEREAS, the upkeep and the maintenance of the Building result in ongoing expenses to the City; WHEREAS, the Athens Arts League is a community-based non-profit committee, organized for the advancement of the arts in downtown Athens, of and operating under the Spirit of Athens, Inc. (the “League”); WHEREAS, the City Council desires to lease the Building to the League; WHEREAS, the League will utilize the Building in connection with programs concerning the advancement of the visual and performing arts in the City of Athens; and WHEREAS, the City Council finds that the lease of the Building to League as discussed herein will serve a valuable public purpose, and provide a valuable public benefit to all citizens in the City.  THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA, while in regular session on January 25, 2016, at 5:30 p.m., as follows: 1. The Mayor is authorized to cause the Building to be leased to the League via a written lease agreement, upon the following terms: (i) a fifteen (15) year term, with an option to extend for an additional five (5) year term, provided that either party may terminate the lease upon nine (9) months’ written notice; (ii) the League’s payment of all utilities for the Building; (iii) the League’s maintenance of the interior and exterior of the Building in a clean, orderly and neat appearance; (iv) the League’s acceptance of the lease on as “as-is” basis, with no obligation by the City to make improvements or repairs to the Building; (v) the League’s promise to conduct programs concerning the advancement of the visual and performing arts in the City; and (vi) such other terms as the Mayor deems needed in order to implement the written lease agreement. 2. The Mayor is authorized to take all actions and execute such other and further documents as may be necessary to effect and carry out and enforce the terms of the lease agreement and the transactions contemplated by this Ordinance. ADOPTED and APPROVED this the 25th day of January, 2016. /s/ Wayne Harper PRESIDENT, CITY COUNCIL, CITY OF ATHENS, ALABAMA /s/ William R. Marks MAYOR, CITY OF ATHENS, ALABAMA ATTEST: /s/ Annette Barnes CITY CLERK, CITY OF ATHENS, ALABAMA CERTIFICATION OF CITY CLERK STATE OF ALABAMA ) LIMESTONE COUNTY ) I, Annette Barnes, City Clerk of the City of Athens, Alabama, do hereby certify that the above and foregoing is a true and correct copy of an Ordinance duly adopted by the City Council of the City of Athens, Alabama, on the 25th day of January, 2016. Witness my hand and seal of office this ___ day of __________________, 2016. ____________________________________ Annette Barnes, City Clerk Councilmember Cannon moved that unanimous consent be given for immediate consideration of and action on said ordinance, which motion was seconded by Councilmember Wales, and upon the said motion being put to vote the following vote was recorded: YEAS: Councilmembers Seibert, Wales, Cannon and Harper; NAYS: None. The President thereupon declared that the motion for unanimous consent for immediate consideration of and action on the said ordinance had been unanimously carried. Councilmember Seibert thereupon moved that the ordinance be finally adopted, which motion was seconded by Councilmember Wales and upon the said motion being put to vote the following vote was recorded: YEAS: Councilmembers Seibert, Wales, Cannon and Harper; NAYS: None. The President thereupon announced that the motion for the adoption of the said ordinance had been unanimously carried. Councilman Cannon introduced the following resolution: RESOLUTION NUMBER 2016-1456 A RESOLUTION CONCERNING AN AGREEMENT WITH R360, LLC WHEREAS, the City Council finds that increased retail commerce within the City provides additional market options for citizens, additional employment opportunities for citizens, and increased sales tax revenues for the benefit of the City; WHEREAS, in order to assist in maximizing and enhancing its efforts to increase retail commerce, the City Council wishes to enter into a contract with r360, LLC to provide retail consulting services to the City; and WHEREAS, the City Council finds that this action serves a valuable public purpose. THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA on January 25, 2016 at 5:30 p.m., as follows: 1. The Mayor is authorized to enter into an agreement, on behalf of the City of Athens, Alabama, with r360, LLC (“r360”), whereby r360 will provide the City with various retail research marketing and consulting services, all as specified in more detail in the “Agreement to Provide Research, Marketing & Consulting Services” attached hereto as Exhibit A. (on file in the Public Works Department) 2. The Mayor is authorized to take all actions and execute such other and further documents as may be necessary to effect and carry out and enforce the terms of the Agreement and the transactions contemplated by this Resolution. 3. The basic service fee in the amount of $15,000 to r360, LLC for services rendered under the 1 year contract are to be paid from 2016 General Fund Budget adjustment line item 100.519.82150, other professional fees. “Success fees” as defined in the schedule outlined in the proposal will be remitted by special action of the Council at such a time when they are warranted. The source of funding for said fees will be determined at that time. ADOPTED this the 25th day of January, 2016. /s/ Wayne Harper PRESIDENT, CITY COUNCIL, CITY OF ATHENS, ALABAMA /s/ William R. Marks MAYOR, CITY OF ATHENS, ALABAMA ATTEST: /s/ Annette Barnes CITY CLERK, CITY OF ATHENS, ALABAMA CERTIFICATION OF CITY CLERK STATE OF ALABAMA ) LIMESTONE COUNTY ) I, Annette Barnes, City Clerk of the City of Athens, Alabama, do hereby certify that the above and foregoing is a true and correct copy of a Resolution duly adopted by the City Council of the City of Athens, Alabama, on the 25th day of January, 2016. Witness my hand and seal of office this ___ day of __________________, 2016. ____________________________________ Annette Barnes, City Clerk Councilmember Seibert moved that unanimous consent be given for immediate consideration of and action on said resolution, which motion was seconded by Councilmember Wales, and upon the said motion being put to vote the following vote was recorded: YEAS: Councilmembers Seibert, Wales, Cannon and Harper; NAYS: None. The President thereupon declared that the motion for unanimous consent for immediate consideration of and action on the said resolution had been unanimously carried. Councilmember Cannon thereupon moved that the resolution be finally adopted, which motion was seconded by Councilmember Seibert and upon the said motion being put to vote the following vote was recorded: YEAS: Councilmembers Seibert, Wales, Cannon and Harper; NAYS: None. The President thereupon announced that the motion for the adoption of the said resolution had been unanimously carried. Councilman Wales introduced the following resolution: RESOLUTION NUMBER 2016-1457 A RESOLUTION DETERMINING THAT A STRUCTURE AT 1313 PLATO JONES STREET IS UNSAFE AND A PUBLIC NUISANCE, AND ORDERING ABATEMENT OF SAME WHEREAS, this Resolution is authorized by Ordinance No. 2012-1862 and/or § 11-40-30, et seq. of the Code of Alabama, in addition to other legal authority;  WHEREAS, the appropriate municipal official has presented information to the City Council about a structure and/or building (herein referred to as the “Structure”) located on the real property described as follows: Address: 1313 Plato Jones, Athens, AL 35611 PARCEL # 10-03-07-4-002-006.000 Legal Description The following land lying and being in Limestone County, Alabama, and more particularly described as follows: That lot or parcel of land in the City of Athens, Alabama, in the Northeast Quarter of the Southeast Quarter of Section 7, Township 3 South, Range 4 West, on the South side of a street known as Plato Jones Street, more particularly described as enclosed by a line beginning at a point on the South side of said Street, 654-1/2 feet West of the Northeast corner of the Northeast Quarter of the Southeast Quarter of said Section 7; and running South 7 degrees East 170 feet; thence East 49 feet; thence North 167 feet to Plato Jones Street and the half section line running East and West through the center of said Section 7; and thence West 67 feet to the point of beginning. (herein referred to as the “Property). WHEREAS, the appropriate municipal official has determined that the condition of the Structure is unsafe in that the Structure constitutes a public nuisance to the citizens of Athens; WHEREAS, at this regular meeting, the City Council has conducted a public hearing concerning this matter, and has received information (including applicable photographs) from the appropriate municipal official concerning the Property and Structure; WHEREAS, the Structure has been deemed unsafe to the extent that it is a public nuisance due to the following reasons: (1) The interior walls or other vertical structure members list, lean, or buckle to such an extent that a plumb line passing through the center of gravity falls outside of the middle third of its base; (2) Exclusive of the foundation, the building shows thirty-three (33) percent, or more, of damage or deterioration of one (1) or more supporting members, or fifty (50) percent of damage or deterioration of the non- supporting enclosing or outside walls or covering; (3) The building has improperly distributed loads upon the floors or roofs, or in which the same are overloaded, or has insufficient strength to be reasonably safe for the purpose used; (4) The building has been damaged by fire, wind, earthquake, flood, sinkhole, deterioration, neglect, abandonment, vandalism, or any other cause so as to have become dangerous to life, health, property, morals, safety, or general welfare of the public or the occupants; (5) The building has become or is so damaged, dilapidated, decayed, unsafe, unsanitary, lacking in maintenance, vermin or rat infested, containing filth or contamination, lacking proper ventilation, lacking sufficient illumination, or so utterly fails to provide the amenities essential to decent living that it is unfit for human habitation, or is likely to cause sickness or disease, so as to work injury to the life, health, property, morals, safety, or general welfare of the public or the occupants; (6) The building contains unsafe equipment, including any boiler, heating equipment, elevator, moving stairway, electrical wiring or device, flammable liquid containers, or other equipment on the premises or within the structure which is in such disrepair or condition that such equipment is a hazard to the life, health, property, morals, safety, or general welfare of the public or the occupants; (7) The building is so damaged, decayed, dilapidated, structurally unsafe, or of such fault construction or unstable foundation that partial or complete collapse is possible; (8) The building has parts thereof which are so attached that they may fall and damage property or injure the public or the occupants; (9) The building, or any portion thereof, is clearly unsafe for its use or occupancy; (10) The building is neglected, damaged, dilapidated, unsecured, or abandoned so as to become an attractive nuisance to children who might play in or on the building, structure, part of building or structure, party wall, or foundation to their danger, has become a harbor for vagrants, criminals, or immoral persons, or enables persons to resort to the building, structure, part of building or structure, party wall, or foundation for committing a nuisance or an unlawful act; (11) The building has a portion remaining on a site after the demolition or destruction of the same or is abandoned so as to constitute such building, structure, part of building or structure, party wall, or foundation as an attractive nuisance or hazard to the public; and (12) The building is, because of its condition, unsafe, unsanitary, or dangerous to the life, health, property, morals, safety, or general welfare of the public or the occupants. WHEREAS, after the finding by the appropriate municipal official that the Structure was unsafe to the extent that it is a public nuisance, notice was issued pursuant to Ordinance No. 2012-1862 to persons who may have an interest in the Property, and such notice was issued more than fifty (50) days prior to the date of this Resolution; WHEREAS, it appears that no person has remedied the conditions on the Property; and WHEREAS, after due deliberation and an examination of the conditions on the Property, it appears to the City Council that the Structure is unsafe in that it presents a public nuisance to the citizens of Athens, and that it is due to be demolished. THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA on January 25, 2016 at 5:30 p.m., as follows: 1. The Structure shall be demolished by the City of Athens.  2. The appropriate municipal official shall make a report to the City Council of the costs associated with the demolition of the Structure so that it may adopt a resolution fixing all costs reasonably incurred in the demolition and assessing such costs against the Property. 3. This work may be performed by the City’s own forces, or, if the appropriate municipal official investigates and determines it to be preferable that the work occur through the use of third parties, then the Athens Public Works Department may enter into such contract upon council approval. The City may sell or otherwise dispose of salvaged materials resulting from the work, at the election of the Mayor and/or his designee. 4. If any provision of this Resolution, or the application thereof to any person, thing or circumstances, is overruled, modified, or deemed invalid by a court of competent jurisdiction, such action shall not affect the provisions or application of this Resolution that can be given effect without the overruled, modified, or invalidated provisions or application, and to this end, the provisions of this Resolution are declared to be severable. ADOPTED this the 25th day of January, 2016. /s/ Wayne Harper PRESIDENT, CITY COUNCIL, CITY OF ATHENS, ALABAMA /s/ William R. Marks MAYOR, CITY OF ATHENS, ALABAMA ATTEST: /s/ Annette Barnes CITY CLERK, CITY OF ATHENS, ALABAMA CERTIFICATION OF CITY CLERK STATE OF ALABAMA ) LIMESTONE COUNTY ) I, Annette Barnes, City Clerk of the City of Athens, Alabama, do hereby certify that the above and foregoing is a true and correct copy of a Resolution duly adopted by the City Council of the City of Athens, Alabama, on the 25th day of January, 2016. Witness my hand and seal of office this ___ day of __________________, 2016. ____________________________________ Annette Barnes, City Clerk The motion was seconded by Councilman Seibert and was unanimously carried. Prior to adjournment of the meeting, upon a recommendation by Councilman Cannon, Council President Harper set a special called meeting for Friday, January 29, 2016 at 4:00p.m. at the Athens Police Department at 951 Hobbs Street to discuss funding for the Athens City Board of Education’s capital plan to build a new high school. * * * There being no further business to come before the meeting, the same was, upon motion by Councilman Wales and second by Councilman Seibert, duly and properly adjourned. /s/ Wayne Harper PRESIDENT, CITY COUNCIL ATTEST: /s/ Annette Barnes CITY CLERK