City Council

May 8, 2017 STATE OF ALABAMA, LIMESTONE COUNTY, CITY OF ATHENS. The City Council of the City of Athens, Alabama met in regular session at the Athens Municipal Building, 200 Hobbs Street West in the said City on May 8, 2017, at 5:30 p.m. The meeting was called to order by Councilman Joseph Cannon, President of the Council. Upon roll call the following were found to be present: Councilmembers Chris Seibert, Harold Wales, Frank Travis, Joseph Cannon, and Wayne Harper. Mayor Marks lead the Pledge of Allegiance. Annette Barnes, City Clerk, was present and recorded the minutes of the meeting. Chris Seibert 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 April 24, 2017 City Council Meeting had been submitted for approval. Councilman Seibert moved that the reading of the Minutes be suspended and that the Minutes be approved as recorded. The motion was seconded by Councilman Wales and was unanimously carried. The Chairperson stated that the Minutes of the April 24, 2017 City Council Work Session Meeting had been submitted for approval. Councilman Seibert moved that the reading of the Minutes be suspended and that the Minutes be approved as recorded. The motion was seconded by Councilman Wales and was unanimously carried. Kelly Range, 300 Brookwood Drive, Athens, requested that the Council conduct future work sessions in the Council Chambers, rather than in the Council Conference Room, to accommodate a larger number of those in attendance, who wish to hear the work session discussions. Councilman Travis introduced the following resolution: RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA, that the travel expenses in the following amount be approved for Electric Department personnel. Beth Clem $516.51 TVPPA-Purchasing Conference-Nashville, TN Kelvin Snyder $226.93 TVPPA-Distribution Systems Components-Nashville, TN The motion was seconded by Councilman Harper and was unanimously carried. Councilman Wales introduced the following resolution: RESOLUTION WHEREAS, Section 11-43-85 of the Code of Alabama 1975 requires a city’s mayor, at least annually, to appoint an independent public accountant to conduct an examination in accordance with generally accepted auditing standards of all books and accounts of the city since the preceding examination and to make a full report thereof in writing; and WHEREAS, such examination of the City of Athens’ financial statements has been performed for the fiscal year ended September 30, 2016 by the accounting and auditing firm of CDPA, PC, and a written report thereof has been submitted to the City Council and Mayor; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA, to accept the report of the audited financial statements of the City of Athens as submitted by CDPA, PC for the fiscal year ended September 30, 2016 and to spread same upon the minutes of the Council in accordance with Section 11-43-85 of the Code of Alabama 1975. The motion was seconded by Councilman Seibert and was unanimously carried. Councilman Seibert introduced the following ordinance: ORDINANCE NUMBER 2017-2019 AN ORDINANCE REGARDING THE SALE OF THE CITY’S INTEREST IN REAL PROPERTY LOCATED AT 1308 TOMMY LANE WHEREAS, pursuant to a February 9, 2016 Judgment of the Limestone County Circuit Court in a condemnation action associated with law enforcement activity, CV No. 2014-900042, Robert and James Lindner’s interest in the following real property was declared contraband and forfeited in equal shares to the Limestone County District Attorney’s Office and the Athens Police Department for use in law enforcement activity: One house and lot located at 1308 Tommy Lane, Athens, Alabama, tax parcel #1003064001066, more specifically described as: Lot 8 of Block 2 of Corum Subdivision as shown by map or plat of said subdivision and recorded in the office of the Judge of Probate of Limestone County, Alabama in the Plat Book “B”, page 50 (the “Property”); WHEREAS, there is a residential structure on the Property that was used in connection with the illegal storage and distribution of controlled substances; WHEREAS, as a result of the District Attorney’s condemnation action, the City has a 25% interest in the Property; WHEREAS, the Mayor, Public Works Department and the Chief of Police report that the Property is not needed by the City for any law enforcement or other public purpose; WHEREAS, the Limestone County District Attorney and Deanna Voelp, the other part owners with respect to the Property, have received an offer for the sale of the property to MJ Herndon Properties, LLC for the sales price of $17,500; and WHEREAS, although the District Attorney reports that the Property appraised for $25,000, both Voelp and the District Attorney believe that this offer is fair and reasonable given the lack of interest in the Property and the liabilities inherent in owning the vacant property, and they request that the City participate with them in the sale of the Property for that price.  THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA, while in session on May 8, 2017 at 5:30, as follows: Section 1. The Mayor, on behalf of the City of Athens, is authorized to enter into a contract to transfer the City’s ownership interest in the Property to MJ Herndon Properties, LLC, upon the following terms: (i) the sales price for the Property will be $17,500, (ii) the net proceeds of the sale will be divided between the owners of the property (the City, Deanna Voelp, and the Limestone County District Attorney) in accordance with their shares of ownership; (iii) the City will transfer its interest in the Property via a quitclaim deed; (iv) the sale will be on an “as-is” basis; and (v) such other and additional terms as the Mayor may prescribe, that are not inconsistent herewith. Section 2. The Mayor is authorized to take actions and execute such other and further documents as may be necessary to effect and carry out the transactions contemplated by this Ordinance. ADOPTED and APPROVED this, the 8th day of May, 2017. /s/ Joseph Cannon 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 the Ordinance duly adopted by the City Council of the City of Athens, on the 8th day of May, 2017. Witness my hand and seal of office this the _____ day of ______, 2017. ___________________________________ Annette Barnes, City Clerk Councilmember Travis 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, Travis, 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 Harper and upon the said motion being put to vote the following vote was recorded: YEAS: Councilmembers Seibert, Wales, Travis, Cannon and Harper; NAYS: None. The President thereupon announced that the motion for the adoption of the said ordinance had been unanimously carried. Councilman Harper introduced the following ordinance: ORDINANCE NUMBER 2017-2020 AN ORDINANCE REGARDING THE TRANSFER OF CERTAIN REAL PROPERTY TO THE STATE OF ALABAMA FOR PURPOSES OF ROADWAY IMPROVEMENT WHEREAS, the City of Athens, Alabama (the “City”) acquired the following real property in connection with the improvement of Highway 251’s intersection with Highway 31 North: (the “Property”); and WHEREAS, the City Council of the City of Athens, Alabama, upon the recommendation of the Mayor and the Public Works Department, desires to transfer the Property to the State of Alabama, in connection with said improvement project. THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA, while in session on May 8, 2017 at 5:30 p.m., that the Mayor, for and on behalf of the City, is authorized to execute a warranty deed transferring and conveying the Property to the State of Alabama. The Mayor is authorized to take actions and execute such other and further documents as may be necessary to effect and carry out the transactions contemplated by this Ordinance. ADOPTED and APPROVED this, the 8th day of May, 2017. /s/ Joseph Cannon 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 the Ordinance duly adopted by the City Council of the City of Athens, on the 8th day of May, 2017. Witness my hand and seal of office this the ____ day of ______, 2017. ___________________________________ Annette Barnes, City Clerk Councilmember Seibert moved that unanimous consent be given for immediate consideration of and action on said ordinance, which motion was seconded by Councilmember Travis, and upon the said motion being put to vote the following vote was recorded: YEAS: Councilmembers Seibert, Wales, Travis, 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 Harper 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, Travis, Cannon and Harper; NAYS: None. The President thereupon announced that the motion for the adoption of the said ordinance had been unanimously carried. Councilman Travis introduced the following resolution: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA to accept the bid of $122,273.00 from Altec Industries, Birmingham, Alabama for one Material Handling Aerial Device with Service Body and Cab and Chassis. The motion was seconded by Councilman Seibert and was unanimously carried. Councilman Wales introduced the following ordinance: ORDINANCE NUMBER 2017-2021 WHEREAS, Alabama law provides that no private enterprise may utilize the streets, sidewalks, and other public places of the city without the consent of the City;  WHEREAS, Alabama law provides that the City may manage and regulate the use of the public ways and sidewalks in the city through its police power in the interest of, among other things, traffic regulation and public health and safety; WHEREAS, there are public sidewalks within certain parts of the city that are of such sufficient size as to accommodate the needs of the public and to also be available for adjacent restaurants to utilize for sidewalk dining; WHEREAS, where such portions of the sidewalks are available for adjacent restaurants to utilize for sidewalk dining as provided herein, those portions are deemed not needed for public or municipal purposes; WHEREAS, the Athens City Council recognizes that without sidewalk dining, outdoor dining is not generally available to the public in certain portions of the city, such as some of the downtown area, due to the arrangement of the buildings and sidewalks; WHEREAS, the Athens City Council recognizes that sidewalk dining promotes and encourages the local economy; WHEREAS, the Athens City Council recognizes that sidewalk dining promotes the general welfare of the city and serves a valuable public purpose; and WHEREAS, the Athens City Council of the City of Athens desires to set out a process whereby restaurants may utilize available portions of a sidewalk adjacent to their premises for sidewalk dining. THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA while in regular session on May 8, 2017 at 5:30 p.m., as follows: Section 1. Article IV, containing Sections 74-80 through Section 74-81 and relating to sidewalk dining, is hereby adopted and shall be added to Chapter 74 of the City Code of the City of Athens, Alabama, as follows: ARTICLE IV. SIDEWALK DINING Sec. 74-80. – Use or Placement of Items on Streets, Sidewalk for Dining Generally Prohibited. Except (i) as provided in Section 74-81 or (ii) in the case of special events permitted under Section 54-31 through 54-71, it shall be unlawful for any person engaged in the business of operating a restaurant (or other public place where meals, food, or refreshments are prepared and furnished upon premises licensed for such use) to use or place tables, seating, awnings, umbrellas, barricades, or similar items on a public sidewalk or public street for dining by its patrons. Sec. 74-81. – Sidewalk Dining. (a) Definitions. For purposes of this Section 74-81, the following words, terms, and phrases shall have the meanings ascribed to them in this subsection (a), unless the context clearly indicates a different meaning: Downtown means the area lying within the Downtown District under the Zoning Ordinance of the City of Athens, Alabama. Sidewalk dining review committee or committee means a committee comprised of the Police Chief, the City-Clerk Treasurer, and the Public Works Director, or their respective designees. Business license shall have the same meaning ascribed to it by Chapter 18, Article VII of the City Code. Permit or sidewalk dining permit means a sidewalk dining permit issued under the authority of this section. Permitted activity means the sidewalk dining permitted under this section. Permitted premises means that portion of the public streets, sidewalks, or parks that is allowed by the permit to be occupied for the permitted activity. Public works activity means any public works project; public building project; infrastructure construction, maintenance, or repair; or other public improvement activity of the state or city. (b) Sidewalk Dining Permits. Subject to the provisions of this section, any person engaged in the business of operating a restaurant (or other public place where meals, food, or refreshments are prepared and furnished upon premises licensed for such use) within downtown may apply for a sidewalk dining permit from the city in order to use or install tables, seating, railing, awnings, umbrellas, containers, or similar items on a public sidewalk adjacent to such premises for sidewalk dining for its patrons. (c) Permit requirement and process. (1) Every person who shall desire to obtain a sidewalk dining permit shall make application with the city clerk- treasurer on forms provided by the city, which application shall include the applicant’s complete name and address and, where applicable, its trade name, installation plans, indemnification of the city, and proof of insurance. (2) Permits required by this section shall expire if not renewed annually by filing, at business license renewal time, a permit renewal application with the city clerk-treasurer on forms provided by the city. Permits are not transferrable. (3) Permit holders shall notify the city clerk-treasurer within ten days of a change in the permit holder's address. (4) The city-clerk treasurer is hereby authorized to administer the provisions of this section and to issue a permit authorized under this section in accordance with this section. (d) Use fee. At the time of the filing its application or renewal application, as the case may be, the applicant for a sidewalk dining permit shall pay to the city a non-refundable, annual use fee of One Hundred and 00/100 Dollars ($100.00) for the right to use the permitted premises. (e) Revocation, suspension, or non-renewal of permit; no vested right. (1) The city clerk-treasurer is authorized to revoke or suspend or not renew a permit for any violation of this Section 74-81; provided that the permit holder shall first be given a reasonable period of time, not to exceed 20 days, to cure the violation, unless the clerk-treasurer determines that the violation is not reasonably capable of being cured, the permit holder refuses to cure the violation, or the permit holder has on multiple occasions within a given calendar year committed the same violation. (2) The permit holder may appeal the action taken against the permit to the two remaining members of the committee by filing, within 20 days of the date of the action taken, a written request with the city clerk-treasurer. The hearing on the appeal shall be held by the two remaining members of the committee within a reasonable period of time and the permit holder shall be provided advance written notice of the date and time of the hearing of the appeal and shall have the opportunity to be heard at the hearing. The decision of the city clerk-treasurer shall be upheld unless the two remaining members of the committee determine that a reversal is justified under the circumstances. (3) Notwithstanding anything to the contrary in this subsection (e), while an appeal is pending the permit holder may continue to operate under the permit unless the city clerk-treasurer determines that the permit should be suspended pending the outcome of the appeal in order to protect the public's health or safety or prevent damage to or destruction of public property. (4) Action taken against a permit shall not constitute action being taken against the business license. (5) Notwithstanding anything to the contrary in this Section 74-81: (i) a permit holder shall acquire no vested right to a permit or use of the permitted premises whatsoever, and the provisions of this section and any rights granted hereunder, in whole or part, are subject to repeal or amendment, at any time or from time to time; and (ii) there is no right of appeal from a temporary suspension of a permit under Section 74-81(f)(13). (6) Nothing in this subsection (e) shall be construed to prevent the enforcement, by arrest or citation, of applicable laws, including a violation of this section. (f) Conditions. Sidewalk dining shall be subject to each of the following conditions: (1) No alcoholic beverages are to be served or consumed upon the permitted premises. (2) The city may require that the permitted premises be delineated by a railing or other method of delineation that is not affixed to any portion of the sidewalk or other public property. (3) The city clerk-treasurer may, at any time and from time to time, require that all or any portion of the installations on the permitted premises be removed when the establishment is closed for business for public safety or convenience. At all times the permitted premises and the installations thereon shall be maintained in a neat and presentable manner, without clutter. (4) All proposed installations upon or over the permitted premises, including location, materials used, appearance, style, extent, and method of installation, shall be subject to review and approval of the committee. Detailed plans and specifications of the installation suitable in form and content to the committee shall be submitted to the office of the city clerk-treasurer together with any other information that may be required by the committee in order to approve the installation. Such installations may include customer tables and seating, railings or other methods of delineating the space, awnings to be installed over the permitted premises, table umbrellas, and containers of plants. At any time and from time to time, the committee may require installations to be modified or removed for the public health, safety, or general welfare. All installations shall be installed at the sole cost and expense of the permit holder and under proper building and other technical code permitting as may be required. (5) A permit holder shall make its indoor bathroom facilities available to its sidewalk dining customers, and in no event shall the permit holder be allowed to install any outdoor bathroom facilities. (6) Should the committee determine that lighting is required for the public safety and convenience, then the permit holder shall, at its sole expense and cost, provide such required lighting; provided said lighting shall not be affixed so as to damage or deface public property, and further provided, the permit holder shall obtain and maintain any applicable permits for installation and operation of the lighting, including but not limited to electrical permits. (7) There shall be no outside live music or entertainment. Music may be played outside over a public address system, provided that it shall cease at 10:00 p.m. (8) The permit shall be in addition to the required business license and the permit holder shall obtain and maintain a business license from the city and, failing to so obtain or maintain the business license, the permit issued under this section shall be automatically revoked without the need for any action from the city or any right of appeal by the permit holder. (9) The permit holder shall comply with all applicable laws, rules, and regulations that pertain to the permitted activity and use of the permitted premises, including city and state health laws and the obtaining of the required health department permitting. (10) The free passage of pedestrians along the sidewalk shall not be prevented or substantially impaired and there shall be at least a minimum sidewalk width of five feet of unencumbered sidewalk that is open for pedestrian use maintained adjacent to the permitted premises. (11) Access to adjacent buildings or uses shall not be impeded. (12) At any time and from time to time the city clerk-treasurer may temporarily suspend the sidewalk dining permit in order to accommodate: a. A special event permitted under Section 54-31 through 54-71; or b. A state or city project, activity, or event, including a public works activity. (13) A permit holder shall keep the permitted premises and adjacent public property clean and free from all trash, litter, debris, or waste generated from the operation of its business. The permit holder's installations, equipment, carts, and other items shall be maintained and kept in good and presentable condition and repair and free from graffiti. (14) The permit holder shall not erect or construct any permanent structure or modify or affix anything to any existing structure or any public property or otherwise damage or deface public property. (15) The city clerk-treasurer may, at any time and from time to time, attach any additional conditions to the use of the permitted premises in order to protect the public health, safety, or general welfare. (16) The permit shall be non-exclusive such that the permitted area is subject to being shared by another permit holder. (17) Upon the termination, whether by revocation or otherwise, of the permit, the permit holder shall restore the permitted premises to the satisfaction of the city clerk-treasurer. (18) The applicant for a permit shall, at the time of making application for a permit and on forms provided by the city, agree to indemnify and hold harmless the city, its officials, officers, employees, agents, contractors, and volunteers performing authorized city functions, from and against any and all claims, costs, losses, expenses through appeal (including reasonable attorneys' fees, and costs or expenses incidental to the investigation of claims and lawsuits), demands, payments, suits, actions, recoveries, penalties, fines, liabilities, and judgments, of any nature and description, resulting from or arising out of the acts or omissions of the permit holder, its officers, servants, agents, contractors, employees, or customers, in connection with the conduct of the permitted activity or the use of the permitted premises. This provision shall survive the termination, whether by revocation or otherwise, of the permit. (g) Miscellaneous. (1) The permitted premises shall be temporarily closed for use by the general public during the operating hours of the permit holder. (2) The activities authorized by this Section 74-81 do not constitute and shall not be construed as a vacation of any sidewalk or public way. Section 2. This ordinance shall become effective upon its adoption and publication as required by law. Section 3. If any provision of this ordinance, or the application thereof to any person, thing or circumstances, is held invalid by a court of competent jurisdiction, such invalidity shall not affect the provisions or application of this ordinance that can be given effect without the invalid provisions or application, and to this end, the provisions of this code and such amendments and statutes are declared to be severable. Section 4. No other provision of the Code of Ordinances of the City of Athens (the “City Code”) is amended by this Ordinance, unless specifically stated and referenced herein. Section 5. The provisions of this Ordinance shall be included and incorporated in the City Code as an addition or amendment thereto, and shall be appropriately renumbered as necessary to conform to the uniform numbering system of the City Code. ADOPTED and APPROVED this, the 8th day of May, 2017 /s/ Joseph Cannon 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 the Ordinance duly adopted by the City Council of the City of Athens, on the 8th day of May, 2017. Witness my hand and seal of office this the ____ day of ______, 2017. ___________________________________ Annette Barnes, City Clerk Councilmember Seibert moved that unanimous consent be given for immediate consideration of and action on said ordinance, which motion was seconded by Councilmember Travis, and upon the said motion being put to vote the following vote was recorded: YEAS: Councilmembers Seibert, Wales, Travis, 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 Wales thereupon moved that the ordinance be finally adopted, which motion was seconded by Councilmember Harper and upon the said motion being put to vote the following vote was recorded: YEAS: Councilmembers Seibert, Wales, Travis, Cannon and Harper; NAYS: None. The President thereupon announced that the motion for the adoption of the said ordinance had been unanimously carried. Councilman Travis introduced the following resolution: RESOLUTION NUMBER 2017-1516 A RESOLUTION CONCERNING 2016-17 MUNICIPAL APPROPRIATIONS/CONTRACTS AND THIRD PARTY NON-GOVERNMENTAL ENTITIES – THE ATHENS-LIMESTONE COMMUNITY ASSOCIATION WHEREAS, by this Resolution, the City Council of the City of Athens appropriates various funds, through contracts, to non-governmental entities who serve various public purposes benefitting the citizens of Athens; WHEREAS, the City of Athens is authorized by law to establish, operate, maintain, or contract with others to operate and maintain public cultural facilities consisting of museums, libraries, art galleries, art centers, music halls, and related facilities, all to the end of making cultural facilities available to the public, pursuant to § 11-47-16 and § 11-90-1 of the Code of Alabama, and other authorities; WHEREAS, the City of Athens is authorized by law to provide music, tournaments, shows, educational activities, recreational activities, and other exhibitions for the amusement of the inhabitants of the City; and to plan, establish, and furnish recreational, social and cultural facilities, services and programs, including transportation services and programs (especially for senior citizens), pursuant to § 11-47-19 and § 11-80-5 of the Code of Alabama, and other authorities;  WHEREAS, the City of Athens is authorized to adopt measures to provide for the safety, preserve the health, promote the prosperity, and improve the morals, order, comfort and convenience of the inhabitants of the City; and WHEREAS, the City Council finds that action on the item listed below serves a valuable public purpose that has for its objective the promotion of public health, safety, morals, security, prosperity, contentment, and/or the general welfare of the community. THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA on May 8, 2017 at 5:30 p.m., as follows: The Mayor or City Clerk is directed to enter into a contract with The Athens-Limestone Community Association, in such form and manner that is acceptable to the same, whereby the City will pay $ 10,000 as an appropriation in exchange for the planning, establishment, and furnishing of recreational, educational, social and cultural facilities, services and programs for the Citizens of Athens. Thereafter, the Mayor/City Clerk is authorized to release said funds at his discretion. ADOPTED and APPROVED this, the 8th day of May, 2017. /s/ Joseph Cannon 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 8th day of May, 2017. Witness my hand and seal of office this ____ day of ______, 2017. ____________________________________ 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, Travis, 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 Travis 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, Travis, Cannon and Harper; NAYS: None. The President thereupon announced that the motion for the adoption of the said resolution had been unanimously carried. Councilman Travis introduced the following resolution: RESOLUTION 2017 - 1517 WHEREAS, the St. Mark Primitive Baptist Church, located at 740 West Sanderfer Road, Athens, has served as the regularly established voting place in the City at which the electors of District 3 have cast their ballots in municipal elections; WHEREAS, the St. Mark Primitive Baptist Church, located at 740 West Sanderfer Road, Athens, is no longer available for use as an election polling location; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA, to establish the Pincham-Lincoln Center at the site of the former Trinity School, located at 606 Trinity Circle, Athens, as the polling location at which the electors of District 3 will cast their ballots in future municipal elections. Passed, adopted and approved this 8th day of May, 2017. ATTESTED: Mayor, City of Athens ____________________________________ City Clerk 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 8th day of May,2017. WITNESS my hand and seal of office this _____day of ______, 2017. __________________________________ Annette Barnes, City Clerk The motion was seconded by Councilman Seibert and was unanimously carried. Councilman Harper introduced the following resolution: RESOLUTION NUMBER 2017-1518 A RESOLUTION SUPPORTING HB 579 CONCERNING THE ANNEXATION OF PROPERTY INTO THE CORPORATE LIMITS OF THE CITY OF ATHENS  BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA while in regular session on May 8, 2017 at 5:30 PM, as follows: 1. The Athens City Council supports the Alabama Legislature’s passage of House Bill 579. This bill concerns the annexation of certain real property located within Limestone County at Lucy’s Branch into the corporate limits of the City of Athens, Alabama. The Mayor and City Clerk are directed to provide a copy of this Resolution to the members of the Limestone County Legislative Delegation. 2. The Mayor is authorized to execute, for and on behalf of the City of Athens, Alabama, an agreement with the owner of the aforementioned real property, made contingent upon the annexation of the property, providing that the owner understands and agrees that the property will be served by Clements Fire Department and the Limestone County Sheriff’s Department, that the property will not be served by the City’s solid waste disposal services, that the property will not be used for residential purposes, and that in the event of a future de-annexation there will be no objection by the landowner. The agreement will also provide for a release and indemnification of claims related to the above, for covenants (containing the same provisions) that run with the land and bind the property owner’s successors, and for such other and additional terms and provisions as the Mayor may determine that concern these matters and the City’s protection. ADOPTED and APPROVED this, the 8th day of May, 2017. /s/ Joseph Cannon 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 8th day of May, 2017. Witness my hand and seal of office this ___ day of __________________, 2017. ____________________________________ Annette Barnes, City Clerk The motion was seconded by Councilman Seibert and was unanimously carried. Councilman Wales introduced the following resolution: RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA to re-appoint Norma McCollum as a member of the Industrial Development Board for a six (6) year term, expiring May 6, 2023. The motion was seconded by Councilman Seibert and was unanimously carried. Councilman Seibert introduced the following resolution: RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA to re-appoint David Hunt as a member of the Industrial Development Board for a six (6) year term, expiring May 6, 2023. The motion was seconded by Councilman Wales and was unanimously carried. Councilman Harper introduced the following resolution: RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA to re-appoint Beverly Malone as a member of the Board of Education for a five (5) year term expiring May 14, 2022. The motion was seconded by Councilman Travis and was unanimously carried. Councilman Seibert introduced the following resolution: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHES, ALABAMA to appoint Shannon Hutton to fill the term that was occupied by Chris Paysinger, with the term expiring 04/28/2018. The motion was seconded by Councilman Wales and was unanimously carried. * * * 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/ Joseph Cannon PRESIDENT, CITY COUNCIL ATTEST: /s/ Annette Barnes CITY CLERK