City Council

July 24, 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 24, 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. 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 July 17, 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 July 17, 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. A public hearing was held to hear comments in regards to fixing and assessing costs associated with the demolition and abatement of an unsafe structure at 722 Westmoreland Avenue. Bert Bradford address the City Council concerning the costs of the abatement of the unsafe structure. Otherwise, no one spoke in favor of or against. The public hearing was closed. Councilman Travis introduced the following resolution: RESOLUTION NUMBER 2017-1524 A RESOLUTION FIXING AND ASSESSING COSTS ASSOCIATED WITH THE DEMOLITION AND ABATEMENT OF AN UNSAFE STRUCTURE AT 722 WESTMORELAND AVENUE WHEREAS, this Resolution is authorized by Ordinance No. 2012-1862, as amended, and/or § 11-40-30, et seq. of the Code of Alabama, in addition to other legal authority; WHEREAS, in Resolution No. 2017-1496, this Athens City Council required the demolition of an unsafe building or structure (herein referred to as the “Structure”) located at the following real property: Address: 722 Westmoreland Avenue, Athens, Alabama PARCEL # 10-03-08-2-002-041.000 Legal Description The following land lying and being in Limestone County, Alabama, and more particularly described as follows: (herein referred to as the “Property); WHEREAS, the demolition was carried out; WHEREAS, persons who may hold a property interest in the Property include the following persons: Clinton W. Dunaway and Steve Bauer, their heirs, assigns, devisees, and/or successors-in-interest; Associates Financial Services Company of Alabama, Inc. (and their successor, Citifinancial Corporation); Bank Independent; and RREF RB Acquisitions, LLC; as well as any and all unknown parties, including any persons claiming a present interest in the property described below and including persons claiming any future, contingent, reversionary, remainder, or other interest therein, who may claim any interest in such property, such persons’ whereabouts being unknown and which cannot be ascertained with reasonable diligence; WHEREAS, pursuant to Resolution No. 2017-1496, the City Clerk has presented this City Council with the report of Bert Bradford, the appropriate municipal official, (attached hereto as Exhibit A) of the costs associated with the demolition of the Structure so that this Council may adopt a resolution fixing all costs reasonably incurred in connection therewith and assessing such costs against the Property. THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA on July 24, 2017, at 5:30 P.M. p.m., as follows: 1. The report of costs associated with the demolition of the Structure on the Property and attached hereto as Exhibit A is accepted, and the costs shown therein are hereby fixed as reasonably incurred in connection therewith and assessed as costs against the Property. 2. The amount of $9,081.65 shall be a special and final assessment against the Property, and shall constitute a lien thereon.  3. A certified copy of this Resolution and its exhibits shall be filed with the Office of the Judge of Probate of Limestone County, Alabama. Previously, the City of Athens caused a “Finding of Public Nuisance, Notice and Order to Remedy, and Notice of Lis Pendens” to be filed with respect to this matter, to wit, on September 7, 2016, in RLPY Book 2016, Page 50253 in the Office of the Judge of Probate of Limestone County, Alabama. 4. Pursuant to Ordinance § 11-40-33 of the Code of Alabama, the City Attorney shall provide a certified copy of this Resolution and its exhibits to the Limestone County Revenue Commissioner, who shall add the amount of the lien to the next regular ad valorem tax bills for taxes levied against the Property, collect the same as if it were a tax, and remit the same to the City of Athens. Pursuant to § 11-40-35 and Ordinance No. 2012-1862, as amended, the City elects to have the revenue commissioner collect the assessment by adding it to the tax bill, and then collecting the assessment using all methods available for collecting ad valorem taxes. ADOPTED and APPROVED this, the 24th day of July, 2017. /s/ Joseph Cannon PRESIDENT, CITY COUNCIL, 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 24th day of July, 2017 Witness my hand and seal of office this ___ day of __________________, 2017. ____________________________________ Annette Barnes, City Clerk EXHIBIT A REPORT TO ATHENS CITY COUNCIL OF THE COST OF DEMOLITION OF STRUCTURE AT 722 WESTMORELAND AVENUE To: Athens City Council, Athens City Clerk This report of the costs associated with the demolition of a structure at 722 Westmoreland Avenue, Athens, Alabama, shall be submitted to the Athens City Council at a regular meeting at 5:30 P.M. on July 24, 2017. At such time, the City Council shall hear the report, and thereupon may adopt a resolution fixing the costs which it finds to be reasonably incurred in the demolition and assessing those costs against the property. The demolition of the unsafe structure was called for by the Athens City Council in its Resolution No. 2017-1496.  The City of Athens, Alabama has incurred the following costs associated with the demolition of the unsafe structure: Certified Mail/Mail Notice Costs $ 62.75 Lis Pendens Filing Fee $ 25.00 Publication Costs (Athens News Courier) $ 338.40 Title Search $ 90.00 Legal Fees $ 565.50 Demolition Costs (demolition) $ 7,500.00 Demolition Costs (asbestos survey) $ 500.00 ____________________________________________ GRAND TOTAL: $9,081.65 Respectfully submitted by: Bert Bradford Appropriate Municipal Official The motion was seconded by Councilman Harper and was unanimously carried. Ralph Diggins, 100 Willow Street, addressed the Council and expressed his opposition to the draft of a proposed retail incentive program recently published in the local newspaper. Adam Keller, 901 E. Pryor Street, addressed the Council to express his support for the proposed resolution to acquire property from Pilgrim’s Pride Corporation, which was previously operated for many years as a poultry processing plant. Sherry Samson, 807 E. Pryor Street, addressed the Council and also expressed support for the proposed resolution to acquire the Pilgrim’s Pride Property. Councilman Seibert introduced the following ordinance: STATE OF ALABAMA, LIMESTONE COUNTY, CITY OF ATHENS. ORDINANCE NUMBER 2017-2025 AN ORDINANCE TO REZONE PROPERTY FOR BELLE MINA LAND COMPANY, LLC FROM A B-2 GENERAL BUSINESS DISTRICT TO AN R-1-3 HIGH DENSITY RESIDENTIAL DISTRICT. PROPERTY CONSISTS OF APPROXIMATELY 20 ACRES LOCATED SOUTHWEST OF THE INTERSECTION OF U.S. HWY 72 AND MCCULLEY MILL ROAD WITHIN THE CORPORATE LIMITS OF ATHENS, ALABAMA. WHEREAS, the Planning Commission of the City of Athens, Alabama, has made a recommendation to the City Council of the City of Athens, Alabama, that hereinafter described areas should be rezoned from the B-3 Highway Business District to the R-1-3 High Density Residential District. The City Council of the City of Athens, Alabama, finds that “The Zoning Ordinance of the City of Athens, Alabama,” should be amended so as to rezone the hereinafter described area as “R-1-3”. NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA, as follows: That all of the hereinafter described area or real estate is hereby zoned “R-1-3 Residential District” in accordance with and defied by “The Zoning Ordinance of the City of Athens, Alabama,” and that the areas which is zoned as aforesaid is situated in Athens, Limestone County, Alabama, and is more particularly described as follows: A tract of land lying and being Section 20, Township 3 South, Range 3 West of the Huntsville Meridian. Said tract being a portion of tracts 3 and 4 of Highway 72 Development Subdivision as shown on Plat book H, Page 428 recorded in the Office of the Probate Judge for Limestone County, Alabama and being more particularly described as follows: Commencing at a the northwest corner of Tract 3 of Highway 72 Development Subdivision as shown on Plat book H, Page 428 recorded in the Office of the Probate Judge for Limestone County; thence South 79 Degrees 27 Minutes 55 Seconds East 147.58 feet to a #5 rebar with a cap Stamped “Garver LLC CA 445” set at the Point of Beginning; Thence South 79 Degrees 26 Minutes 33 Seconds East a distance of 71.31 feet to a #5 rebar set; thence South 0 Degrees 26 Minutes 23 Seconds East a distance of 290.23 feet to a #5 rebar set; thence South 79 Degrees 23 Minutes 43 Seconds East a distance of 147.30 feet to a #5 rebar set; thence South 0 Degrees 22 Minutes 07 Seconds East a distance of 149.73 feet to a #5 rebar found; thence North 89 Degrees 50 Minutes 22 Seconds East a distance of 120.00 feet to a #5 rebar set; thence South 0 Degrees 11 Minutes 17 Seconds East a distance of 460.32 feet to a #5 rebar set; thence South 0 Degrees 35 Minutes 20 Seconds East a distance of 851.13 feet to a #5 rebar set; thence South 89 Degrees 50 Minutes 06 Seconds West a distance of 578.38 feet to a #5 rebar set; thence North 0 Degrees 25 Minutes 13 Seconds West a distance of 1538.18 feet to a #5 rebar set; thence South 79 Degrees 27 Minutes 55 Seconds East a distance of 100.12 feet to a #5 rebar set; thence North 0 Degrees 25 Minutes 13 Seconds West a distance of 10.04 feet to a #5 rebar set; thence South 79 Degrees 23 Minutes 43 Seconds East a distance of 147.72 feet to a #5 rebar set; thence North 0 Degrees 26 Minutes 23 Seconds West a distance of 290.17 feet to the POINT OF BEGINNING. The above described parcel contains 19.85 acres (864538.03 sq. ft.) ADOPTED and APPROVED this, the 24th 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 24th day of July, 2017. Witness my hand and seal of office this the _______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 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 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 announced that the motion for the adoption of the said ordinance had been unanimously carried. Councilman Harper introduced the following resolution: RESOLUTION NUMBER 2017-1525 BE IT RESOLVED, by the City Council of Athens, Alabama, that the City enters into an agreement with the State of Alabama; acting by and through the Alabama Department of Transportation for: The installation of active warning devices at railroad crossing DOT# 352-073G owned by CSX Transportation as part of the ATRIP project to resurface Washington Street from the intersection of SR-2 (US-72) to Hoffman Street. Project# ACOA63306-ATRP(017), CPMS# 100063306, ATRIP# 42-05-12 which agreement is before this Council, and that the agreement be executed in the name of the City, by the Mayor for and on its behalf and that it 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 be kept of record by the City Clerk. ADOPTED and APPROVED this, the 24th 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 24th day of July, 2017. Witness my hand and seal of office this the _______day of _______________, 2017 ____________________________________________ Annette Barnes, City Clerk The motion was seconded by Councilman Seibert and was unanimously carried. Councilman Travis introduced the following ordinance: STATE OF ALABAMA, LIMESTONE COUNTY, CITY OF ATHENS. ORDINANCE NUMBER 2017-2026 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA, that Ordinance Number 888, establishing a classification list for classified employees is hereby amended as follows: Add the following job title to the list of classified positions for the CPR Department: (1) Cemetery Services Supervisor, Grade 11 Delete the following job title from the list of classified positions for the CPR Department: (1) Grounds Maintenance Supervisor, Grade 11 (2) Cemetery Crew Leader, Grade 9 ADOPTED and APPROVED this, the 24th 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 24th 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 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 Travis 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 BE IT RESOLVED BY THE CITY COUNCIL OF ATHENS, ALABAMA, to adopt the attached revised organizational chart for the Cemeteries, Parks, and Recreation Department, which includes the following 26 positions: 1. Director of Cemeteries, Parks, and Recreation 2. Administrative Assistant 3. Cemetery Coordinator 4. Facilities Maintenance Supervisor 5. Maintenance Technicians (3 positions) 6. Recreation Services Supervisor 7. Recreation Coordinators (3 positions) 8. Recreation Clerks (2 positions) 9. Cemetery Services Supervisor 10. Cemetery Equipment Operators (3 positions) 11. Assistant Foreman, Park Services 12. Parks Grounds Equipment Operators (6 positions) 13. Mechanic The motion was seconded by Councilman Harper and was unanimously carried. Councilman Harper introduced the following resolution: RESOLUTION NUMBER 2017-1526 WHEREAS, the City of Athens plans to apply for various Community Development Block Grants that will benefit predominately low and moderate-income persons in the City of Athens; and WHEREAS, in accordance with CDBG regulations the City of Athens has solicited and received proposals from qualified grant administrative firms to provide application preparation services and all grant administrative services required to implement all approved CDBG grant projects in accordance with ADECA regulations; NOW, THEREFORE, be it resolved that the City Council has evaluated the administrative proposals received and have selected Community Consultants, Incorporated to provide application preparation services and all grant administrative services required to implement all approved CDBG grant projects in accordance with ADECA regulations; and THAT, the Athens City Council authorizes Community Consultants, Incorporated to begin project development activities and in the event a project is determined feasible, Community Consultants, Incorporated is authorized to begin the application preparation activities upon approval of the City Council. Said application development services shall be provided by Community Consultants, Incorporated at no cost to the City Athens and in the event the application is approved by ADECA the Mayor, be and is hereby authorized to enter into a contract with Community Consultants, Incorporated to provide all CDBG project administrative services required to implement the above referenced project in accordance with the approved ADECA administrative fee scale commensurate with the scope of services required to adequately discharge all project administrative responsibilities associated with this project. ADOPTED and APPROVED this, the 24th 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 The motion was seconded by Councilman Seibert and was unanimously carried. Councilman Wales introduced the following resolution: RESOLUTION NUMBER 2017-1527 WHEREAS, the City of Athens plans to apply for various Community Development Block Grants that will benefit predominately low and moderate-income persons in the City of Athens; and WHEREAS, in accordance with CDBG regulations the City of Athens has solicited and received proposals from qualified professional engineering firms to provide application development services and all engineering design and inspection services required to implement all approved CDBG grant projects in accordance with ADECA regulations; NOW, THEREFORE, be it resolved that the City Council has evaluated the engineering proposals received and have selected Morrell Engineering to provide application development services and all engineering design and inspection services required to implement all approved CDBG grant projects in accordance with ADECA regulations; and THAT, the Athens City Council authorizes Morrell Engineering to begin project development activities and in the event a project is determined feasible, Morrell Engineering is authorized to begin developing maps, cost estimates, and all other supporting documentation required upon approval of the City Council. Said development services shall be provided by Morrell Engineering at no cost to the City Athens and in the event the application is approved by ADECA the Mayor, be and is hereby authorized to enter into a contract with Morrell Engineering to provide all engineering services required to implement the above referenced project in accordance with the approved FmHA Engineering fee scale commensurate with the scope of services required to adequately discharge all engineering responsibilities associated with all CDBG funded projects. ADOPTED and APPROVED this, the 24th 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 The motion was seconded by Councilman Seibert and was unanimously carried. President Cannon then announced that the City Council would take up the motion to adopt the “Resolution Regarding the Purchase of Real Property from Pilgrim’s Pride Corporation” that was previously introduced at the City Council’s July 17, 2017 meeting by Councilman Chris Seibert. Councilman Wales seconded the motion to approve the Resolution. President Cannon then read a potential amendment to the Resolution that had been discussed by members of the City Council during their work session. Through that amendment, a Section 3 would be added to the proposed Resolution, which stated as follows: 3. It is the City Council’s desire that the results of the City’s examinations and inspections (including the Phase 2 environmental study and evaluations of demolition costs/plan) concerning the Property be discussed with the council prior to the end of the 120-day Inspection Period, and prior to any purchase of the property by the City. Thus, notwithstanding anything herein to the contrary, the Mayor’s authority to carry out the City’s purchase of the property under the agreement is conditioned upon the Mayor briefing the City Council concerning the results of such examinations and inspections so that the council has the opportunity to adopt a resolution terminating the agreement if it wishes to do so. President Cannon asked if there was any objection by any member of the City Council to making this amendment to the Resolution. All members of the City Council indicated that there was no objection to the amendment and that the proposed resolution should be amended as stated above. President Cannon then ordered that the proposed Resolution was deemed amended. President Cannon then asked if there was any discussion concerning the proposed Resolution, as amended. There was none, and so President Cannon called for a vote on the following Resolution, as amended: RESOLUTION NUMBER 2017-1528 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 5:30 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. 3. It is the City Council’s desire that the results of the City’s examinations and inspections (including the Phase 2 environmental study and evaluations of demolition costs/plan) concerning the Property be discussed with the council prior to the end of the 120-day Inspection Period, and prior to any purchase of the property by the City. Thus, notwithstanding anything herein to the contrary, the Mayor’s authority to carry out the City’s purchase of the property under the agreement is conditioned upon the Mayor briefing the City Council concerning the results of such examinations and inspections so that the council has the opportunity to adopt a resolution terminating the agreement if it wishes to do so. ADOPTED and APPROVED this, the 24th 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 a Resolution duly adopted by the City Council of the City of Athens, Alabama, on the 24th day of July, 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 Upon a roll call vote, all members of the City Council (Cannon, Wales, Seibert, Travis and Harper) voted unanimously in favor of the Resolution, as amended, and so the motion was approved. Councilman Wales introduced the following resolution: RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA, to approve the FY 2018 Electric Department budget and spread the same on the minutes. REVENUES: Metered Electric Sales $ 112,492,724 Miscellaneous Revenue $ 2,470,000 Aid to Construction $ 2,700,000 TOTAL OPERATING REVENUE $ 117,662,724 EXPENSES: Employee Expense – Salaries and Benefits $ 6,723,958 Purchased Power $ 94,381,395 System Operation and Maintenance Expenses $ 2,438,000 Customer Service Expense $ 2,118,881 Uncollectable Account Expenses $ 125,000 Administrative and General Expenses $ 1,512,131 Vehicle & Equipment Operation and Maintenance $ 400,000 Tax Equivalent Payments $ 2,375,000 Debt Service Expenses $ 3,392,215 General Fund Salaries & Expenses $ 128,000 Construction In Progress $ 2,500,000 Transformers $ 560,000 Meters $ 100,000 TOTAL OPERATING EXPENSES $ 116,754,580 NET OPERATING BUDGET $ 908,143 DRAW FROM RESERVES $ 500,000 CAPITAL EXPENDITURES Replacement Vehicles $ 93,000 Fiber to Substations $ 60,000 Misc. Tools and Equipment $ 100,000 Replacement Vehicles $ 300,000 Automatic Meter Reading Equipment $ 20,000 Continue Upgrade of Substations (from reserves) $ 300,000 Regulator/Capacitor Controls $ 40,000 Subst & Spare Voltage Regulators (from reserve) $ 100,000 Pole Top Reclosers $ 40,000 SCADA System Maint. and SCADA radios $ 40,000 Computer Hardware and Software $ 20,000 OMS and Mapping $ 15,000 SCADA Substation Upgrade (from reserve) $ 100,000 Office Equipment $ 25,000 Substation Maintenance Equipment $ 5,000 Misc. Tools – Winches, Saws, binoc., etc. $ 20,000 Substation and Industrial Metering $ 6,000 Traffic Light Modernization $ 15,000 Substation Improvements $ 10,000 TOTAL CAPITAL EXPENDITURES $ 1,309,000 TOTAL NET BUDGET $ 99,143 The motion was seconded by Councilman Seibert and was unanimously carried. Councilman Harper introduced the following resolution: RESOLUTION NUMBER 2017-1529 A RESOLUTION AUTHORIZING THE LEASE OF A FIRE TRUCK TO THE LIMESTONE COUNTY BOARD OF EDUCATION WHEREAS, the Athens Fire Department owns a used 1987 Gruman Engine VIN with #1D91D31E9H1008749 (including 1500 GPM pumping capacity, 750 gallon water tank, and 50 gallon foam tank) (the “Truck”) that is not presently being used for municipal or public purposes; WHEREAS, § 11-43-56 of the Code of Alabama authorizes the City to dispose of unneeded personal property; WHEREAS, the Limestone County Career Technical Center has expressed a desire to use the Truck in connection with the education of its students; and WHEREAS, the lease of the Truck will serve a valuable public purpose. THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA on July 24, 2017 at 5:30 p.m., as follows: 1. The Mayor is authorized to cause the lease of the Truck to the Limestone County Board of Education via a written lease agreement, upon the following primary terms: (i) the lease shall be for a one year term, subject to automatic renewal from year to year; (ii) the City may recover and use the Truck at any time in the event of an emergency; (iii) there shall be no monetary rent, but the school board will agree to use the Truck in connection with the education of students; (iv) either party may terminate the lease at any time upon a fourteen (14) day notice; and (v) the school board will hold the City harmless from any claims of third parties for injury arising from the use of the Truck by the school system. The lease may contain such other, further, consistent and additional terms as the Mayor deems necessary. ADOPTED and APPROVED this, the 24th day of July, 2017. /s/ Joseph Cannon PRESIDENT, CITY COUNCIL, 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 Resolution duly adopted by the City Council of the City of Athens, on the 24th day of July, 2017. Witness my hand and seal of office this the ____ 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 approve travel expenses in the following amount for Electric Department personnel. Gary Scroggins $171.85 Electric Cities Annual Conference-Orange Beach, AL Harold Wales $333.26 Electric Cities Annual Conference-Orange Beach, AL Ronnie Marks $ 42.16 Electric Cities Annual Conference-Orange Beach, AL The motion was seconded by Councilman Harper and was unanimously carried. * * * 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