City Council

July 17, 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 July 17, 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, Wayne Harper and Joseph Cannon. Mayor Marks led the Pledge of Allegiance. Annette Barnes, City Clerk, was present and recorded the minutes of the meeting. Wayne Harper 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 June 26, 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 June 26, 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. Mayor Marks introduced Fire Chief Bryan Thornton, who recognized Battalion Chief Toby Carter, Captain Paul Anton, Driver Heath Patterson and Firefighter Chase Gipson, members of the second shift crew of Fire Station #2. Chief Thornton described the efforts the crew made on July 7, 2017 in responding to a medical call at Buffalo Wild Wings in Athens. Chief Thornton then introduced Mrs. Wanda Baker. Mrs. Baker addressed the Council to express her gratitude to Chief Thornton and the Fire Station #2 crew, who she credits for saving her life that day. Chief Thornton then presented a life saver award to one of the crew members in attendance, Firefighter Heath Patterson. A public hearing was held to hear comments to rezone property, owned by Belle Mina Land Company, located southwest of the intersection of U.S. Hwy 72 and McCulley Mill Road within the corporate limits of Athens, Alabama from a B-3 Highway Business District to R-1-3 Single Family High Density Residential District. No one spoke in favor of or against. The public hearing was closed. Scott Claxton, 1707 Pine Street, Athens, addressed the Council concerning standing water issues caused by a holding pond behind his property on Pine Street and requested the City look into the possibility of installing concrete to help clean up the area. Councilman Travis introduced the following resolution: RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA to approve Aldi, Inc. for a “Retail Beer & Wine Off Premises Only” alcohol license. The motion was seconded by Councilman Harper and was unanimously carried. Councilman Seibert introduced the following ordinance: STATE OF ALABAMA, LIMESTONE COUNTY, CITY OF ATHENS. ORDINANCE NUMBER 2017-2023 AN ORDINANCE AUTHORIZING THE ISSUANCE OF THE CITY'S $18,355,000 PRINCIPAL AMOUNT OF WATER AND SEWER REVENUE WARRANTS, SERIES 2017, DATED JULY 27, 2017 BE IT ORDAINED by the City Council (herein called the "Council") of the City of Athens (herein called the "City"), in the State of Alabama, as follows: Section Findings. After investigation duly made by it and based upon the information obtained from such investigation, the Council hereby makes the following findings and declares the following statements to be true: it is necessary and desirable to refund (on a current basis) (i) the City's Subordinated Water and Sewer Revenue Warrant, Series 2007-CWSRF-DL, dated December 14, 2007, which is presently outstanding in the principal amount of $7,695,000 (herein called the "Series 2007-SRF Warrant"), and (ii) the City's Subordinated Water and Sewer Revenue Warrant, Series 2008-CWSRF-DL, dated October 15, 2008, which is presently outstanding in the principal amount of $11,360,000 (herein called the "Series 2008-SRF Warrant"), which obligations are payable solely out of net revenues derived from the operation of the City's water works plant and distribution system and sanitary sewer system (herein collectively called "the Systems"); and for the purpose of providing a portion of the funds necessary to refund the Series 2007-SRF Warrant and the Series 2008-SRF Warrant and to pay the expenses related to the issuance of the Series 2017 Warrants hereinafter described, it will be necessary that the Series 2017 Warrants be issued as authorized in this ordinance and pursuant to the applicable provisions contained in the Trust Indenture attached as Exhibit A to this ordinance. Section Authorization of the Series 2017 Warrants. Pursuant to the applicable provisions of the constitution and laws of Alabama, including particularly Section 11-47-2, as amended, and for the purpose of providing funds for the purposes referred to in Section 1 of this ordinance, there are hereby authorized to be issued by the City $18,355,000 aggregate principal amount of its Water and Sewer Revenue Warrants, Series 2017 (herein called the "Warrants"), under the terms, conditions and provisions set out in the Trust Indenture (herein called the "Indenture") authorized in Section 5 of this ordinance. All of the provisions thereof respecting the Warrants are hereby adopted as a part of this ordinance. Section Source of Payment of the Warrants and Pledge Therefor. The obligation evidenced and ordered paid by the Warrants shall be a limited obligation of the City payable solely out of the revenues from the operation of the Systems remaining after payment of the costs of administering and operating the Systems (herein called the "Pledged Revenues"), as specified in the Indenture, and shall not constitute a general obligation of the City or be subject to any charge on or against its general funds, its taxing powers, or its constitutional debt limit. The general faith and credit of the City are not pledged to the payment of the Warrants, and the Warrants shall not be general obligations of the City. None of the agreements, representations or warranties made or implied in this ordinance, or in the issuance of the Warrants, shall ever impose any personal or pecuniary liability or charge upon the City, whether before or after any breach by the City of any such agreement, representation or warranty, except with the moneys herein provided. Nothing in this section, however, shall relieve the City from the performance of the several covenants and representations on its part herein contained. The pledge of the Pledged Revenues made in the Indenture for the benefit of the Warrants is subject and subordinate to the prior pledge thereof made for the benefit of the City's Water and Sewer Revenue Warrants, Series 2010, dated November 1, 2010 (herein called the "Prior Lien Warrants"), which were issued under that certain Trust Indenture dated as of May 1, 2002 (the "Prior Lien Indenture"), between the City and The Bank of New York Trust Company of Florida, N.A., as supplemented by that certain First Supplemental Indenture dated as of November 1, 2010. In the Indenture, the City has irrevocably surrendered the right to issue additional parity debt under the Prior Lien Indenture. Section Warrants Payable at Par. All remittances of principal of and interest on the Warrants to the holders thereof shall be made at par without any deduction for exchange or other costs, fees or expenses. The bank or banks at which the Warrants shall at any time be payable shall be considered by acceptance of their duties hereunder to have agreed that they will make or cause to be made remittances of principal of and interest on the Warrants, out of the moneys provided for that purpose, in bankable funds at par without any deduction for exchange or other costs, fees or expenses. The City will pay to such bank or banks all reasonable charges made and expenses incurred by them in making such remittances in bankable funds at par. Section Authorization of Trust Indenture. As security for payment of the principal of and the interest on the Warrants and any additional warrants that may be issued under the Indenture, pro rata and without preference or priority of one over another, the City does hereby authorize and direct the Mayor of the City to execute and deliver, in the name and behalf of the City, the Trust Indenture in the form attached as Exhibit A to and constitu- ting a part of this ordinance, and the City Clerk is hereby authorized and directed to affix thereto and attest thereon the corporate seal of the City. Upon full execution of the Trust Indenture, the Mayor is authorized and directed to deliver it to the trustee thereunder. All provisions of the Indenture are hereby adopted as a part of this ordinance to the same extent as if they were set out in full herein. Section Sale of the Warrants; Delivery Thereof and Use of Proceeds Therefrom. The Warrants are hereby sold to Joe Jolly & Co., Inc. (herein called the "Underwriter"), at a purchase price equal to $18,283,716.35 (which represents an underwriting discount of $220,260 and net original issue premium of $148,976.35, allocated among the various maturities as reflected by the prices or yields shown on the inside cover page of the Official Statement hereinafter referred to), plus accrued interest (if any) thereon from their date to the date of payment therefor. The actions of the Mayor heretofore taken with respect to sale of the Warrants to the Underwriter are hereby ratified and confirmed in all respects. The Mayor and the City Clerk are hereby directed to consummate the execution, sealing and attestation of the Warrants and to deliver them to the said purchaser upon payment to the City of the purchase price therefor. Simultaneously with such delivery, the City Treasurer shall direct the Underwriter to pay the proceeds from the said sale to the Trustee who shall apply them in the manner and for the purposes set out in Section 6.5 of the Indenture. The City hereby formally requests the Trustee to authenticate and deliver the Warrants. Section Ratification of Preliminary Official Statement; Authorization of Official Statement. The action of the Underwriter in circulating a Preliminary Official Statement with respect to the Warrants in the form presented to the meeting at which this ordinance is adopted (which form shall be attached to the minutes of such meeting as Exhibit B thereto and which is hereby adopted in all respects as if set out in full in this ordinance) is hereby ratified, approved and confirmed in all respects. The Mayor is hereby authorized to execute for and in behalf of the City an Official Statement with respect to the Warrants in substantially the form of the Preliminary Official Statement, with such changes necessary to reflect the terms of the sale of the Warrants. Section Authorization of Continuing Disclosure Agreement. In order to assist the Underwriter in complying with Rule 15c2-12 of the Securities and Exchange Commission, the Council hereby authorizes and directs the Mayor to execute and deliver, for and in behalf of the City, a Continuing Disclosure Agreement in substantially the form presented to the meeting at which this ordinance is adopted (which form shall be attached as Exhibit C to the minutes of the meeting at which this ordinance is adopted and which is hereby made a part of this ordinance as if set out in full herein), and hereby authorizes and directs the City Clerk of the City to affix to the Continuing Disclosure Agreement the seal of the City and to attest the same. Section Compliance with Certain Requirements of the Code. The City will comply with all conditions to and requirements for the exemption from gross income for federal income taxation of the interest income on the Warrants imposed by Section 103 of the Internal Revenue Code of 1986, as amended (herein called the "Code"). Without limiting the generality of the foregoing,  the City will not apply the proceeds from the Warrants in a manner that would cause any of the Warrants to be a "private activity bond" within the meaning of Section 141(a) of the Code, and the City will comply with the requirements of Section 148 of the Code in order that the Warrants will not be "arbitrage bonds" within the meaning of said Section 148. Section Call for Redemption. The City hereby calls the principal installments of the Series 2007- SRF Warrant and the Series 2008-SRF Warrant maturing in 2018 and thereafter for redemption on September 11, 2017, and hereby directs The Bank of New York Mellon Trust Company, N.A., as paying agent therefor, to give appropriate notice of said redemption, and, in connection therewith, the Council finds and states that the City is not in default under Ordinance No. 2007-1667 or Ordinance No. 2008-1714 pursuant to which the Series 2007-SRF Warrant and the Series 2008-SRF Warrant, respectively, were issued. In order to provide for the retirement of the Series 2007-SRF Warrant and the Series 2008-SRF Warrant, the Council hereby authorizes and directs the Mayor to execute and deliver, for and in behalf of the City, an Escrow Trust Agreement in substantially the form presented to the meeting at which this ordinance is adopted (which form shall be attached as Exhibit D to the minutes of the meeting at which this ordinance is adopted and which is hereby made a part of this ordinance as if set out in full herein), and hereby authorizes and directs the City Clerk of the City to affix to the said Escrow Trust Agreement the seal of the City and to attest the same. Section Insurance Agreement. The actions of the Mayor and City Clerk heretofore taken with respect to the procurement of municipal bond insurance policies for the Warrants and for the debt service reserve fund of the Indenture are hereby ratified and confirmed in all respects. The Council hereby authorizes and directs the Mayor to execute and deliver, for and in behalf of the City, an Insurance Agreement in substantially the form presented to the meeting at which this ordinance is adopted (which form shall be attached as Exhibit E to the minutes of the meeting at which this ordinance is adopted and which is hereby made a part of this ordinance as if set out in full herein), and hereby authorizes and directs the City Clerk of the City to affix to the said Insurance Agreement the seal of the City and to attest the same. Section Subordination Agreement. The pledge of the Pledged Revenues made in the Indenture for the benefit of the Warrants is prior and superior to the pledges thereof made for the benefit of the City's Subordinated Water and Sewer Revenue Warrant, Series 2013-DWSRF-DL, dated February 1, 2013, and the City's Subordinated Water and Sewer Revenue Warrant, Series 2014-CWSRF-DL, dated May 1, 2014. The Council hereby authorizes and directs the Mayor to execute and deliver, for and in behalf of the City, a Subordination Agreement in substantially the form presented to the meeting at which this ordinance is adopted (which form shall be attached as Exhibit F to the minutes of the meeting at which this ordinance is adopted and which is hereby made a part of this ordinance as if set out in full herein), and hereby authorizes and directs the City Clerk of the City to affix to the said Subordination Agreement the seal of the City and to attest the same. Section Additional Documents and Actions Authorized. The Mayor and the City Clerk, or either of them, are each hereby authorized and directed to execute such other documents or certificates necessary in order to carry out the transactions contemplated by this ordinance and the Indenture. The City understands that one of the principal inducements to the purchase of the Warrants by the purchaser thereof is that the interest on the Warrants be and remain exempt from federal income taxation. Accordingly, without limiting the generality of the foregoing, the said Mayor and the said City Clerk are each hereby authorized and directed to cause to be prepared, signed on behalf of the City and filed with the Internal Revenue Service Form 8038-G or other form prescribed by the Internal Revenue Service as a condition to the exemption of the interest income on the Warrants from federal income taxation. The said Mayor and City Clerk are each hereby authorized and directed to execute such certificates, agreements and other documents respecting the Code, as contemplated by this ordinance and the Indenture, to the end that the interest on the Warrants be and remain exempt from federal income taxation. The Mayor and the City Clerk are each hereby authorized to make the elections authorized to be made under the regulations promulgated under Section 148 of the Code. Section This Ordinance a Contract. The provisions of this ordinance shall constitute a contract between the City and each holder of the Warrants until they shall have been paid in full or provision made for the payment thereof as provided in the Indenture, and all the agreements on the part of the City herein and therein contained with respect thereto shall have been performed, then upon the happening of such events the obligations of the City hereunder shall thereupon cease. Section Severability. The various provisions of this ordinance are hereby declared to be severable. In the event any provision hereof shall be held invalid by a court of competent jurisdiction, such invalidity shall not affect any other portion of this ordinance. ADOPTED this 17th day of July, 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 an Ordinance duly adopted by the City Council of the City of Athens, Alabama, on the 17th day of July, 2017. Witness my hand and seal of office this _____ day of _________, 2017. ___________________________________________ Annette Barnes, City Clerk Councilmember Harper 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 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, 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 Wales introduced the following ordinance: STATE OF ALABAMA, LIMESTONE COUNTY, CITY OF ATHENS. ORDINANCE NUMBER 2017-2024 AMENDING ORDINANCE NUMBER 2007-1623 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA AS FOLLOWS: The following schedule of rates respecting furnishing natural gas from the City of Athens natural gas distribution system shall supersede the previous rate schedule published under Ordinance 07-1623 and shall become effective with all meter readings on or after August 1, 2017. CITY SCHEDULE OF GAS RATES (Applicable to all customers within Athens City Limits) 1. For residential (R) customers to whom the supply of gas shall be firm, the rates shall be as follows, subject to billing adjustments authorized by the Gas Department and the Purchased Gas Adjustment (PGA) attached hereto: Monthly Availability Charge: $5.00 per month per meter. Base Usage Charge: $7.50 per MCF, subject to adjustment under the PGA. 2. For commercial and industrial (CI) customers to whom the supply of gas shall be firm the rates shall be as follows, subject to billing adjustments authorized by the Gas Department and the Purchased Gas Adjustment (PGA) attached hereto: Monthly Availability Charge: $15.00 per month per meter. Base Usage Charge: $7.50 per MCF, subject to adjustment under the PGA. 3. For industrial (I) customers having facilities that burn more than 135,000 cubic feet per day, such gas not to be resold, and to whom the supply of gas shall be subject to curtailment in whole and/or in part at any time at the discretion of the Gas Department upon one hour’s notice (a “curtailment order”), the rates shall be as follows, subject to billing adjustments authorized by the Gas Department and the Purchased Gas Adjustment (PGA) attached hereto: Monthly Availability Charge: $150.00 per month per meter. Base Usage Charge: $3.70 per MCF, subject to adjustment under the PGA. Other Applicable Charges: For each MCF of natural gas used by the customer during a curtailment order, the customer shall pay (1) the base usage charge for I in paragraph 3 above and (2) any charges or costs charged to or levied upon the Gas Department or that are caused by the customer, or that customer causes the Gas Department to incur, shall be paid to the Gas Department by the customer, as and when billed. These charges shall be paid together with, and in addition to, the monthly availability charge and base usage charge and any other charges for the month in which the curtailment order usage occurred. 4. For industrial and agricultural (IA) customers receiving natural gas through a single point of delivery, such gas not to be resold, and who are in approved creditworthy standing with the City of Athens Utilities, and to whom the supply of gas shall be subject to curtailment in whole and/or in part at any time at the discretion of the Gas Department upon one hour’s notice (a “curtailment order”), certain rates and terms and conditions for services that are not necessarily included in the Ordinance or that may not be applicable to the service to be provided, as determined by the Gas Department, may be available under a Special Services Agreement at rates and terms and conditions for services that are agreed to in writing by the customer and the Gas Department. 5. Monthly billing quantities for all customers will be determined by converting cubic feet to dekatherms using the monthly average British Thermal Unit (BTU) value of the natural gas delivered for that month. COUNTY SCHEDULE OF GAS RATES (Applicable to all customers outside Athens City Limits)  1. For residential (R) customers to whom the supply of gas shall be firm, the rates shall be as follows, subject to billing adjustments authorized by the Gas Department and the Purchased Gas Adjustment (PGA) attached hereto: Monthly Availability Charges: $6.00 per month per meter. Base Usage Charge: $7.50 per MCF, subject to adjustment under the PGA. 2. For commercial and industrial (CI) customers having facilities that burn more or less than 35,000 cubic feet per day and to whom the supply of gas shall b firm, the rates shall be as follows, subject to billing adjustments authorized by the Gas Department and the Purchased Gas Adjustment (PGA) attached hereto: Monthly Availability Charge: $15.00 per month per meter Base Usage Charge: $7.50 per MCF, subject to adjustment under the PGA. 3. For industrial (I) customers having facilities that burn more than 135,000 cubic feet per day, such gas not to be resold, and to whom the supply of gas shall be subject to curtailment in whole and/or in part at any time at the discretion of the Gas Department upon one hour’s notice (a “curtailment order”), the rates shall be as follows, subject to billing adjustments authorized by the Gas Department and the Purchased Gas Adjustment (PGA) attached hereto: Monthly Availability Charge: $150.00 per month per meter. Base Usage Charge: $5.00 per MCF, subject to adjustment under the PGA. Other Applicable Charges: For each MCF of natural gas used by the customer during a curtailment order, the customer shall pay (1) the base usage charge for I in paragraph 3 above for (2) any charges or costs charged to or levied upon the Gas Department or that are caused by the customer, or that customer causes the Gas Department to incur, shall be paid to the Gas Department by the customer, as and when billed. These charges shall be paid together with, and in addition to, the monthly availability charge and base usage charge and any other charges for the month in which the curtailment order usage occurred. 4. For industrial and agricultural (IA) customers receiving natural gas through a single point of delivery, such gas not to be resold, and who are in approved creditworthy standing with the City of Athens Utilities, and to whom the supply of gas shall be subject to curtailment in whole and/or in part at any time at the discretion of the Gas Department upon one hour’s notice (a “curtailment order”), certain rates and terms and conditions for services that are not necessarily included in this Ordinance or that may not be applicable to the service to be provided, as determined by the Gas Department, may be available under a Special Services Agreement at rates and terms and conditions for services that are agreed to in writing by the customer and the Gas Department. 5. Monthly billing quantities for all customers will be determined by converting cubic feet to dekatherms using the monthly average British Thermal Unit (BTU) value of the natural gas delivered for that month. ADOPTED and APPROVED this, the 17th day of July, 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 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, Alabama on the 17th day of July, 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 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 ordinance had been unanimously carried. The City Clerk noted for the minutes that this ordinance would act as an amendment to Section 50-197 of the City Code. Councilman Seibert introduced the following resolution: RESOLUTION NUMBER 2017-1523 BE IT RESOLVED, by the City Council of the City of Athens, Alabama as follows: 1. That the City enters into an agreement with the State of Alabama, acting by and through the Alabama Department of Transportation relating to a Transportation Alternatives project (Project No. TAPAA- TA17(911) for Sidewalks along Pryor Street & US Highway 31 with partial funding by the Federal Highway Administration, which Agreement is before this Council; 2. That the agreement be executed in the name of the City, by its Mayor, for and on its behalf. 3. That the agreement be attested by the City Clerk and the seal of the City affixed thereto. BE IT FURTHER RESOLVED, that upon the completion of the execution of the agreement by all parties, that a copy of such agreement by kept on file by the City Clerk. ADOPTED and APPROVED this, the 17th day of July, 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 STATE OF ALABAMA) LIMESTONE COUNTY) I, Annette Barnes, as City Clerk of the City of Athens, Alabama, hereby certify that the above and foregoing is a true and correct copy of the Resolution duly adopted by the City Council of the City of Athens, on the 17th day of July, 2017. Witness my hand and seal of office this the ______ day of __________, ____________________________________________ Annette Barnes, City Clerk Councilman Travis seconded the motion 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 authorize the Mayor to accept the proposal from Morell Engineering in the amount of $14,500 to perform the required engineering services to prepare plans for bid of the safe room to be located at Cowart Elementary. This project shall be funded from the Capital Projects Fund, Project Number SR1. The motion was seconded by Councilman Seibert and was unanimously carried. Councilman Travis introduced the following resolution: RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA to authorize the Mayor to issue a task order in the amount of, approximately, $330,000 to Reed Contracting to pave the following roads within Athens. The project is submitted as part of the City of Athens Annual Paving contract. This project shall be funded from the Capital Infrastructure Project Fund. Pine Street north of 5th Avenue Popular Street north of 5th Avenue Yarbrough Road north of 251 to the northern city limits Cheyenne Drive Choctaw and Shawnee to their intersection with Cheyenne Drive Creek Lane Texas Street Utah Street Councilmember Harper moved that unanimous consent be given for immediate consideration of and action on said resolution, 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 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 Seibert made, for introduction only, the following resolution: RESOLUTION NUMBER ____________ A RESOLUTION REGARDING THE PURCHASE OF REAL PROPERTY FROM PILGRIM’S PRIDE CORPORATION WHEREAS, state law, including but not limited to Chapter 2 of Title 24 of the Code of Alabama authorizes municipalities to engage in projects to address and abate blight and public nuisances within the city; WHEREAS, state law authorizes municipalities to acquire real property for municipal and public purposes; WHEREAS, the City Council of the City of Athens, Alabama wishes to acquire certain real property near Pryor Street and Sussex Drive, 105 West Hobbs Street from Pilgrim’s Pride Corporation; WHEREAS, such real property, described in Exhibit A hereto, was previously operated for many years as a poultry processing facility, and is currently unoccupied and dormant; WHEREAS, such real property, as a large and an unoccupied industrial facility, presents a blighted and deteriorated area constituting a public nuisance, the removal of which would work a public benefit upon residents of the city; WHEREAS, such real property contains approximately 31.7 acres, more or less; WHEREAS, the City Council wishes to establish a general redevelopment plan for such area, in order to eliminate this blighted area and improve the public health and safety; WHEREAS, the contract for the sale of the real property, attached hereto as Exhibit A, provides for a 120 day inspection period for the City to continue and complete its inspections of the real property prior to the purchase of the property; WHEREAS, such actions will result in a direct public benefit of a reasonably general character to the citizens of the City; and WHEREAS, the City Council finds that the prevention of blight is a public use and purpose for which public money may be spent and private property acquired and are governmental functions of state concern.  THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA on ________________, 2017, at _____ p.m., as follows: 1. The Redevelopment Plan attached hereto as Exhibit A is adopted and approved. 2. In conjunction with the same, the Mayor of the City of Athens (and/or his designee), on behalf of the City of Athens, Alabama, is authorized to purchase the real property described above from Pilgrim’s Pride Corporation, or such other owners thereof, for a price of Five Hundred Fifty Thousand and 00/100 Dollars ($550,000.00), plus any incidental costs related thereto in connection with the purchase and closing. To that end, the Mayor, on behalf of the City, is authorized to enter into the “Purchase and Sale Agreement” attached hereto as Exhibit B for the City’s purchase of the above-referenced real property at such cost. The Mayor is further authorized to carry out the terms of such contract, and to accept a deed to the property on behalf of the City. ADOPTED this the ____ day of ___________, 2017. __________________________________________ JOSEPH CANNON, 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 _______, 2017. Witness my hand and seal of office this ___ day of __________________, 2017. ____________________________________ Annette Barnes, City Clerk EXHIBIT A Redevelopment Plan REDEVELOPMENT PLAN FOR THE ABANDONED INDUSTRIAL AREA NEAR PRYOR STREET AND SUSSEX DRIVE The City Council finds that the abandoned Pilgrim’s Pride industrial area near Pryor Street and Sussex Drive, consisting of approximately 31.7 acres of multiple parcels of land is a blighted area, and includes areas which may become blighted in the future if preventative action is not taken by the City. The land sits adjacent to existing residential and commercial areas, as well as to property on which a new public high school is being constructed. The goal of this redevelopment plan is to eliminate this blighted area, and to take measures to combat blighting factors and the causes of blight. In order to accomplish this goal, the City Council may utilize various tools authorized by law, including the acquisition of vacant and blighted properties by purchase. This Redevelopment Plan includes the area specified in Exhibit 1, shown by reference to tax parcel maps. All of the property identified in Exhibit 1 contains buildings and improvements which are blighted or susceptible of becoming blighted if preventative action is not taken. Under this plan, the City will acquire ownership of the property, rehabilitate and/or renovate it, and evaluate its use for public purposes and potential use by private enterprise for a commercial purpose. The City plans to acquire the property specified in the map through a negotiated purchase from Pilgrim’s Pride Corporation. Then, as resources permit, the City plans to remove the abandoned industrial structures and debris located thereon. Thereafter, the City plans to evaluate the use of a portion of the property for municipal purposes, such as a public park. Assuming that the City’s inspections determine that one or more of the newer structures are capable of supporting it, the City may temporarily use one or more of the newer structures for public works purposes. Upon establishing its plans for clearing the property of abandoned industrial structures and debris, or sooner, if such abandoned structures and debris are satisfactorily addressed, the City will explore making a portion of the property available for commercial sale to private enterprise for uses that are consistent with the City’s zoning ordinance and comprehensive master plan. To assure that the property is used in this manner, the Town would obligate purchasers of the property through its zoning laws or through restrictive covenants. Appropriate land uses of this area include municipal facilities, public parks, and/or private commercial uses that comply with all local laws regarding safe construction and property maintenance. No one resides in the area at issue, and so there is no need for the provision for the temporary relocation of persons living thereon. No persons will be displaced by the City’s acquisition of this property. The successful operation of this plan will increase foot and vehicular traffic in the area, but no additional road improvements are contemplated at this time. Public utilities are satisfactorily provided and available in the area. There is no need at this time to address or alter public transportation arrangements, as this plan is not expected to impact the same. Furthermore, no public improvements are contemplated at this time other than with respect to the particular properties mentioned in this document. This Redevelopment Plan is subject to amendment by the City Council at any time. This Redevelopment Plan is crafted pursuant to § 24-2-1, et seq. of the Code of Alabama. EXHIBIT 1 Note: The plan will also encompass any other areas owned by Pilgrim’s Pride Corporation in this area that are not included within the above tax parcels. EXHIBIT B - PURCHASE AND SALE AGREEMENT  * * * There being no further business to come before the meeting, the same was, upon motion by Councilman Travis and second by Councilman Seibert, duly and properly adjourned. /s/ Joseph Cannon PRESIDENT, CITY COUNCIL ATTEST: /s/ Annette Barnes CITY CLERK