City Council

September 25, 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 September 25, 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 Frank Travis, Wayne Harper, Joseph Cannon, Chris Seibert and Harold Wales. In efforts toward earning the “Citizenship in Community” merit badge, the following members of BSA Troop 240, sponsored by First United Methodist Church, Athens, joined Mayor Marks in leading the Pledge of Allegiance: Charles McMurtrey, Ethan Hoewis, Samuel Lynn, Remington Averbeck, Roman Averbeck, Luke Beasley and Braden Baldwin. 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 September 11, 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 September 11, 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 concerning the proposed zoning approval for the sale of alcohol in the City of Athens by Athens Arts League on October 20, 2017. No one spoke in favor of or against. The public hearing was closed. Ralph Diggins, 100 Willow Street, stated that he had attended the recent budget work session and commended the administration on their efforts in preparing the general fund budget. Councilman Harper introduced the following resolution: RESOLUTION NUMBER 2017-1536 A RESOLUTION ACCEPTING THE DEDICATION OF STREETS, SIDEWALKS, AND STORM AND SANITARY SEWER MAINS IN THE AREA OF PROJECT 67-4A (ROBERTS APARTMENTS) AND PROJECT 67-4B (SANDERFER ROAD APARTMENTS) OF THE HOUSING AUTHORITY OF THE CITY OF ATHENS WHEREAS, in the 1950’s and 1960’s, the Housing Authority of the City of Athens (the “Housing Authority”), established low income housing projects in the city of Athens, designated by the Housing Authority as Projects 67-1 (known as Fifth Avenue Apartments), 67-2 (known as Higgins Court Apartments), and 67-3 (known as Houston Court Apartments); WHEREAS, on July 18, 1968, pursuant to a Cooperation Agreement between the City of Athens and the Housing Authority, the City of Athens accepted, by and through a Deed of Dedication recorded at Volume 628, Page 647 in the Office of the Judge of Probate of Limestone County, Alabama, the dedication of certain interior streets, roads, adjacent sidewalks, and storm and sanitary sewer mains in the area of Projects 67-1, 67-2, and 67-3 of the Housing Authority; WHEREAS, a depiction of those certain dedicated interior streets, roads, adjacent sidewalks, and storm and sanitary sewer mains in the area of said Projects 67-1, 67-2, and 67-3 is shown in Exhibit A hereto for the historical record and for the convenience of the reader. Said dedicated streets, roads, adjacent sidewalks, and storm and sanitary sewer mains are located within the areas shown as “Right of Way” on Exhibit A. Additionally, said dedicated sanitary sewer mains are also located within the areas shown as “Public Sanitary Sewer Easements” on Exhibit A, and said dedicated storm sewer mains are also located within the areas shown as “Drainage Easement” on Exhibit A. Streets, roads, sidewalks, and storm and sanitary sewer lines located in other portions of those projects have not been dedicated by the Housing Authority or accepted by the City; WHEREAS, in the 1970’s, the Housing Authority constructed additional low-rent housing in the city of Athens, designated by the Housing Authority as Projects 67-4A (a portion of Houston Court on the west side of Malone Street, known as Roberts Apartments) and 67-4B (known as the Sanderfer Road Apartments); WHEREAS, the Cooperation Agreements entered into between the City of Athens, Alabama and the Housing Authority, dated August 31, 1950 (as amended in 1951) and May 6, 1961 respectively, require that, upon the written request of the Housing Authority, the City of Athens will accept the dedication of certain interior streets, roads, alleys, adjacent sidewalks, and storm and sanitary sewer mains within the area of Projects 67-4A and 67-4B; WHEREAS, the Housing Authority has made written request to the Mayor that the City of Athens accept such dedication within the areas of Projects 67-4A and 67-4B; WHEREAS, it is incumbent upon the City of Athens to accept such dedication, as required by the Cooperation Agreements; and WHEREAS, a depiction of those certain dedicated interior streets, roads, adjacent sidewalks, and storm and sanitary sewer mains (and related appurtenances) in the area of said Projects 67-4A and 67-4B is shown in Exhibit B hereto for the convenience of the reader. Said dedicated streets, roads, adjacent sidewalks, and storm and sanitary sewer mains (and related appurtenances) are all located within the areas shown as “Right of Way” on Exhibit B. Additionally, said dedicated storm sewer mains are located within the areas shown as “Drainage Easement” on Exhibit B. Streets, roads, sidewalks, and storm and sanitary sewer lines located in other portions of those projects have not been dedicated by the Housing Authority or accepted by the City. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA, as follows: 1. Upon the Housing Authority’s dedication of those certain streets, roads, adjacent sidewalks, and storm and sanitary sewer mains (and related appurtenances) depicted in Exhibit B and within the area of Projects 67-4A and 67-4B, by virtue of a satisfactory instrument of dedication, the City will accept the dedication and continue the maintenance and operation of the same. 2. The Mayor is authorized and directed to execute any and all documents, on behalf of the City of Athens, Alabama, indicating the City’s acceptance of the dedication of such interior streets, roads, alleys, adjacent sidewalks, and storm and sanitary sewer mains (and related appurtenances), and the City’s intent to continue the maintenance and operation of the same. ADOPTED and APPROVED this, the 25th day of September, 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 25th day of September, 2017.  Witness my hand and seal of office this ___ day of __________________, 2017. ____________________________________ Annette Barnes, City Clerk EXHIBIT A Depiction of the Previously Dedicated Interior Streets, Roads, Adjacent Sidewalks, and Storm and Sanitary Sewer Mains in the Area of Housing Authority Projects 67-1 (known as Fifth Avenue Apartments), 67-2 (known as Higgins Court Apartments), and 67-3 (known as Houston Court Apartments)  EXHIBIT B Depiction of the Streets, Roads, Adjacent Sidewalks, and Storm and Sanitary Sewer Mains in the Area of Housing Authority Projects 67-4A (a portion of Houston Court on the west side of Malone Street, known as Roberts Apartments) and 67-4B (known as the Sanderfer Road Apartments) to be dedicated to and accepted by the City of Athens The motion was seconded by Councilman Seibert and was unanimously carried. Councilman Wales introduced the following ordinance: ORDINANCE NUMBER 2017-2028 AN ORDINANCE AMENDING THE BUSINESS LICENSE CODE CONCERNING CERTAIN DELIVERY LICENSES WHEREAS, the City Council has adopted the Business License Code of the City of Athens, Alabama, as set forth in Chapter 18, Article VII of the Code of Ordinances of the City of Athens; and WHEREAS, the City Council wishes to bring its Business License Code into conformity with newly enacted Alabama Act 2017-415, which revised the laws concerning municipal delivery licenses. THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA, while in regular session on September 25, 2017, at 5:30 p.m., as follows: Section 1. Section 18-322 of the Code of Ordinances of the City of Athens is hereby amended to read as follows: SECTION 18-322. Delivery License. (a) In lieu of any other type of license, a taxpayer may at its option purchase for $ 100.00 plus the issuance fee, a delivery license for the privilege of delivering its merchandise in the municipality if the taxpayer meets all of the following criteria: (1) Other than deliveries, the taxpayer has no other physical presence within the municipality; (2) The taxpayer conducts no other business in the municipality other than delivering merchandise and performing the requisite set-up and installation of said merchandise; (3) Such delivery and set-up and installation is performed by the taxpayer's employees or agents, concerns the taxpayer's own merchandise in that municipality, and is done by means of delivery vehicles owned, leased, or contracted by the taxpayer; (4) The gross receipts derived from the sale and any requisite set-up or installation of all merchandise so delivered shall not exceed seventy-five thousand dollars ($75,000) during the license year;  (5) Any set-up or installation shall relate only to (i) that required by the contract between the taxpayer and the customer or as may be required by state or local law, and (ii) the merchandise so delivered; (6) If at any time during the current license year the taxpayer fails to meet any of the above stated criteria, then within 45 days after any of said criteria have been violated or exceeded, the taxpayer shall purchase a business delivery license or other appropriate license from the municipality and will be subject to a penalty of $10.00. (b) Mere delivery of the taxpayer's merchandise by common carrier shall not allow the municipality to assess a business license tax against the taxpayer, but the gross receipts derived from any sale and delivery accomplished by means of a common carrier shall be counted against the seventy-five thousand ($75,000) limitation described in the preceding section if the taxpayer also during the same license year sells and delivers into the taxing jurisdiction using a delivery vehicle other than a common carrier. (c) A common carrier, contract carrier, or similar delivery service making deliveries on behalf of others shall not be entitled to purchase a delivery license. (d) The delivery license shall be calculated in arrears, based on the related gross receipts during the preceding license year. (e) The purchase of a delivery license (or the exemption from the purchase of a livery license pursuant to subsection (f) shall not, in and of itself, establish nexus between the taxpayer and the municipality for purposes of the taxes levied by or under the authority of Title 40 of the Code of Alabama or other provisions of law, nor does the purchase of a delivery license conclusively determine that nexus does not exist between the taxpayer and the municipality. (f) A taxpayer that otherwise meets the criteria for the purchase of a delivery license is not required to purchase a delivery license or a regular business license if (i) the taxpayer’s gross receipts that are derived from within the municipality do not exceed $10,000.00: and (ii) the taxpayer has no other physical presence within the municipality during the year.  Section 2. 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 3. No other provisions of the City Code are amended by this Ordinance, unless specifically stated and referenced herein. Section 4. The provisions of this Ordinance shall be included and incorporated in the Code of Ordinances of the City of Athens as an addition or amendment thereto, and shall be appropriately renumbered as necessary to conform to the uniform numbering system of the Code. ADOPTED and APPROVED this, the 25th day of September, 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 25th day of September, 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. Councilman Travis introduced the following resolution: RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA, to appoint Greg Skipworth as a member of the Zoning Board of Adjustments. The term will expire August 8, 2020. This appointment is to fill the position held by John Henry Bridgeforth. Mr. Bridgeforth declined re-appointment. The motion was seconded by Councilman Seibert and was unanimously carried. Councilman Seibert introduced the following resolution: RESOLUTION NUMBER 2017-1537 A RESOLUTION CONCERNING THE CONTINUED DELIVERY OF THE CITY’S SOLID WASTE TO THE SOLID WASTE TRANSFER STATION WHEREAS, the City and Limestone County formed the Solid Waste Disposal Authority of Athens and Limestone County (the “Authority”) in 1993 to provide for the disposal of solid waste in Athens and Limestone County; WHEREAS, in 1997, the Authority entered into a twenty (20) year agreement with BFI Disposal Systems of Alabama, Inc. concerning the disposal of solid waste, and the operation of a solid waste transfer station located in western Limestone County, and that agreed expires later this year; WHEREAS, the Authority has entered into a ten (10) year agreement with BFI Waste Services, LLC (d/b/a Republic Services of Huntsville) concerning the disposal of solid waste, and the continuation of the operation of the existing solid waste transfer station; WHEREAS, it is essential for solid waste generated within the city of Athens and Limestone County to continue to be delivered to the solid waste transfer station in order that the transfer and disposal services can remain in effect and in order that the cost of solid waste disposal to the citizens of Athens and Limestone County be and remain at a reasonable cost; and WHEREAS, the City Council desires to approve a contract with the Authority whereby the City obligates itself to deliver the solid waste it collects to the transfer station. THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA on September 25, 2017 at 5:30 P.M., that the Mayor is authorized, on behalf of the City, to execute the Solid Waste Contract by and between the City and the Authority attached hereto as Exhibit A to this Resolution. The Mayor is further 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 Resolution and/or the agreement referenced herein, including but not limited to authorizing the expenditure and use of municipal funds as required by such agreement; and approving and executing further agreement(s) that are consistent with and involved in carrying out the transactions contemplated by this Resolution. ADOPTED this the 25th day of September, 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 25th day of September, 2017. Witness my hand and seal of office this ___ day of __________________, 2017. ____________________________________ Annette Barnes, City Clerk EXHIBIT A STATE OF ALABAMA COUNTY OF LIMESTONE SOLID WASTE CONTRACT This Solid Waste Contract (the “Contract”) is made and entered into by and between the City of Athens, Alabama, an Alabama municipal corporation, (the “City”) and the Solid Waste Disposal Authority of Athens and Limestone County (the “Authority”). RECITALS The City and Limestone County, Alabama have heretofore formed the Authority to provide solid waste disposal within the City and Limestone County, Alabama. The Authority has entered into a 2017 Transfer Station Agreement with BFI Waste Services, LLC (d/b/a Republic Services of Huntsville) (“Republic”), whereby Republic, for a term of ten (10) years, will operate a solid waste transfer station located at 16100 BFI Lane, Athens, Alabama (the “Station”), receive solid waste at the Station, and transfer that solid waste to a landfill located in Lawrence County, Alabama, for disposal. It is essential for solid waste generated within the city of Athens and Limestone County to be delivered to the Station in order that the transfer and disposal services can remain in effect and in order that the cost of solid waste disposal to the citizens of Athens and Limestone County be and remain at a reasonable cost. This contract is entered into and authorized pursuant to § 11-89A-15 of the Code of Alabama. NOW, THEREFORE, the City and Authority do hereby covenant, contract, and agree as follows: 1. The City will cause all solid waste collected within its jurisdiction to be delivered to the Station for transportation and disposal. This obligation of the City shall extend only to such solid waste that it (or anyone under contract with the City to collect solid waste from persons or entities within its jurisdiction) collects in connection with the disposal of such solid waste. It does not extend to solid waste disposed of other than through the collection systems of the City, and it does not include green waste (although the City may cause green waste to be delivered to the Station). 2. The City will continue to cause solid waste to be so delivered as stated in Section 1 above, during the term of the 2017 Transfer Station Agreement, and any extensions or renewals thereof. 3. The obligations of the City pursuant hereto shall be subject to all applicable federal, state and local laws, and City shall not be liable for the failure to perform pursuant to this Contract because of any of its obligations under such laws, including rules and regulations thereunder. 4. This Contract is solely for the benefit of the City and Authority, and for the purposes herein stated, and it shall not be construed or interpreted otherwise. There are no third party beneficiaries with respect to this Contract. 5. The Base Fee for transfer, transportation and disposal services rendered by Republic under the 2017 Transfer Station Agreement shall be Thirty-Seven and 89/100 Dollars ($37.89), and subject to additional adjustment in accordance with the terms of the 2017 Transfer Station Agreement. IN WITNESS WHEREOF, the City and the Authority have executed this Contract by their duly executed officers, with full authority as of the 25th day of September, 2017. SOLID WASTE DISPOSAL AUTHORITY OF ATHENS AND LIMESTONE COUNTY, CITY OF ATHENS, ALABAMA The motion was seconded by Councilman Wales 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 approve the FY 2018 General Fund Operating Budget as follows: Operating Expenditures General and Administrative $ 1,611,950 Municipal Court 363,405 Human Resources 330,925 Fire Department 3,953,770 Police Department 5,583,800 Parks/Recreation/Cemetery 2,422,780 Street Department 2,044,575 Sanitation Department 3,253,950 ES, CD & Building Inspection 692,700 Public Works 296,007 Total Operating Expenditures 20,553,862 Appropriations – Nondiscretionary 4,063,300 Transfers Out 3,928,786 Total Expenditures 28,545,948 Total Expected Revenues 29,050,300 Operating Budget Surplus Before  Appropriations $ 504,352 ____________ _ The motion was seconded by Councilman Harper 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 approve the FY 2018 Special Revenue Operating Budgets as follows: ALCOHOL FUND GASOLINE TAXES.04/05/.07 Revenues Revenues Taxes $ 675,000 State Appropriation $240,000 Licenses and Permits 30,000 Interest Income 1,500 Total Revenue 240,000 __________ Total Revenue 706,500 Expenditures Expenditures City Board of Education 320,625 Audit Fees 1,575 Administrative Expense 33,750 Bridge Inspection - Debt Service-GO Debt 350,000 Road Repair 230,925 ___________ Road Signs 7,500 Total Operating Expenditures 704,375 _________ Total Operating Expenditures 240,000 _________ Revenues Over (Under) $ 2,125 ___________ Revenues Over (Under) $ - _________ DRUG TASK FORCE ANIMAL CONTROL Revenues Revenues Confiscations Revenue $ 2,000 Interest Income $ 50 Expenditures Expenditures Supplies 2,000 Supplies - ___________ Revenues Over (Under) $ - Revenues Over (Under) $ 50 ___________ _________ OIL LEASE TRUST COURT SYSTEM Revenues Revenues Court Education $ 4,500 Solicitors Admin Fee 2,500 State Appropriation $ 190,000 Court Operations 30,000 Interest Income 5,000 Interest Income 100 ___________ _________ Total Revenue 195,000 Total Revenue 37,100 Expenditures Expenditures  Debt Service-GO Debt 600,000 Supplies 5,000 ___________ _________ Revenues Over (Under) $ (405,000) Revenues Over (Under) $ 32,100 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 approve the FY 2018 Landfill Operating Budget as follows: LANDFILL Revenues Investment Income $ 100,000 Expenditures Closure Cost 100,000 Revenues Over (Under) Expenditures $ - 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 approve the FY 2018 Special School Fund Operating Budget as follows: Revenues Sales Tax Revenue (20% of One Cent Sales Tax) $ 870,000 Expenditures Appropriation to School Board for Debt Service 870,000 Revenues Over (Under) Expenditures $ - The motion was seconded by Councilman Travis 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 the FY 2018 Contingency Fund Operating Budget as follows: Revenues Sales Tax Revenue (20% of One Cent Sales Tax) $ 870,000 Expenditures Economic Development-Polaris Project (2nd of 3 payments) 66,667 Debt Servie-GO Debt 800,000 __________ Total Operating Expenditures 866,667 __________ Revenues Over (Under) Expenditures $ 3,333 The motion was seconded by Councilman Harper 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 pass through the wholesale rate increase from TVA, and approve the attached schedule of retail electricity rates for the City of Athens Electric Department to become effective for bills rendered from meter readings taken on or after October 1, 2017. ATHENS ELECTRIC DEPARTMENT RETAIL ELECTRICITY RATE Effective For Meters Read On or After October 1, 2017 Transition (April, May, October, November) Retail Rate  Customer Customer 8.19 8.19 All kWh 0.08824 Customer 10.74 All kWh 0.09960 Residential kw, 0-50 0.00 Additional kW 13.12 GSA1 Customer 52.50 1st 15,000 kWh 0.09622 Additional kWh 0.05763 kw, 0-50 0.00 kW, 51-1,000 13.12 GSA2 Customer 300.00 All kWh 0.05750 kW, 0-1,000 12.06 kW,1,001 - 5,000 14.48 GSA3 Customer 13.94 Onpeak kWh 0.18787 Offpeak kWh 0.06797 Customer 52.50 TGSA1 Onpeak kWh 0.08783 Offpeak kWh 0.06277 Onpeak kW 13.70 Offpeak kW Excess 2.03 TGAS2 over Onpeak TGSA3 Customer 300.00 Onpeak kWh 0.08077 Offpeak kWh 0.05571 Onpeak kW 12.65 Offpeak kW Excess 1.23 over Onpeak ATHENS ELECTRIC DEPARTMENT RETAIL ELECTRICITY RATE Effective For Meters Read On or After October 1, 2017 Transition (April, May, October, November) Retail Rate Customer Charge 1,500.00 MSB Admin. Charge 350.00 Surcharge 0.00 Onpeak kW 9.04 Maximum kW 2.18 Excess Over Contract 9.04 Onpeak kWh 0.05193 Offpeak First 200 hours 0.05193 Offpeak Next 200 hours 0.01998 Offpeak Additional kWh 0.01750 Customer Charge 1,500.00 MSC Admin. Charge 350.00 Surcharge 0.00 Onpeak kW 9.04 Maximum kW 1.57 Excess Over Contract 9.04 Onpeak kWh 0.05083 Offpeak First 200 hours 0.05083 Offpeak Next 200 hours 0.02136 Offpeak Additional kWh 0.02136 Customer Charge 1,500.00 MSD Admin. Charge 350.00 Surcharge 0.00 Onpeak kW 9.04 Maximum kW 1.56 Excess Over Contract 9.04 Onpeak kWh 0.04860 Offpeak First 200 hours 0.04860 Offpeak Next 200 hours 0.01971 Offpeak Additional kWh 0.01914 Outdoor Customer Charge 0.00 Lighting All kWh 0.06172 ATHENS ELECTRIC DEPARTMENT RETAIL ELECTRICITY RATE Effective For Meters Read On or After October 1, 2017 Transition (April, May, October, November) Retail Rate GSA1 Seasonal Customer 10.74 All kWh 0.09960 kw, 0-50 0.00 Additional kW 13.12 GSA2 Seasonal Customer 52.50 1st 15,000 kWh 0.09622 Additional kWh 0.05763 kw, 0-50 0.00 kW, 51-1,000 13.12 GSA3 Seasonal Customer 300.00 All kWh 0.05750 kW, 0-1,000 12.06 kW,1,001 - 5,000 14.48 TGSA1 Seasonal Customer 13.94 Onpeak kWh 0.18787 Offpeak kWh 0.06797 TGSA2 Seasonal Customer 52.50 Onpeak kWh 0.08783 Offpeak kWh 0.06277 Onpeak kW 13.70 Offpeak kW Excess 2.03 over Onpeak TGSA3 Seasonal Customer 300.00 Onpeak kWh 0.08077 Offpeak kWh 0.05571 Onpeak kW 12.65 Offpeak kW Excess 1.23 over Onpeak 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 approve the following travel expenses for Electric Department personnel. Nathan King $90.81 TVPPA- Underground Distribution Power Design-Nashville, TN The motion was seconded by Councilman Harper 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 approve the FY 2018 Sewer Department budget and spread the same on the minutes. CITY OF ATHENS UTILITIES SEWER DEPARTMENT FY 2018 BUDGET FY 2017 FY 2018 BUDGET Budget Budget VARIANCE REVENUE Metered Sales $ 4,867,374.00 $ 5,000,000.00 $ 132,626.00 Miscellaneous Revenue $ 470,000.00 $ 460,000.00 $ (10,000.00) Transfer from Water $ 1,100,000.00 $ 600,000.00 $ (500,000.00) Aid to Construction $ 40,000.00 $ 30,000.00 $ (10,000.00) TOTAL OPERATING $ 6,477,374.00 $ 6,090,000.00 $ (387,374.00) REVENUE EXPENSES Employee Expense - Salaries and $ 1,948,752.00 $ 1,995,030.00 $ 46,278.00 Benefits Treatment Plant Operations & $ 511,000.00 $ 554,000.00 $ 43,000.00 Maintenance Collection System Operation & $ 330,000.00 $ 337,000.00 $ 7,000.00 Maintenance Customer Service Expense $ 212,355.00 $ 225,071.00 $ 12,716.00 Administrative and General $ 296,896.00 $ 323,784.50 $ 26,888.50 Expense Vehicle & Equipment Operations $ 75,000.00 $ 80,000.00 $ 5,000.00 & Maintenance Appropriation to General Fund $ 121,684.00 $ 125,000.00 $ 3,316.00 Debt Service Expenses $ 2,468,551.00 $ 1,705,252.00 $ (763,299.00) General Fund Salaries & $ 92,618.00 $ 100,000.00 $ 7,382.00 Expenses Construction in Progress $ 100,000.00 $ 100,000.00 $ - TOTAL OPERATING $ 6,156,856.00 $ 5,545,137.50 $ (611,718.50) EXPENSES NET OPERATING BUDGET $ 320,518.00 $ 544,862.50 $ 224,344.50 CAPITAL RESERVE Allocation Carry Over $ 150,000.00 $ 140,000.00 $ (10,000.00) CAPITAL EXPENDITURES GIS Hardware/Software $ 15,000.00 $ 20,000.00 $ 5,000.00 Office Furniture and Equipment $ 2,000.00 $ 2,000.00 $ - Shelter for RAS Pumps $ 90,000.00 $ 90,000.00 $ - Hoist System for RAS Pumps $ - $ - $ - New Roof-Old RAS Building $ - $ - $ - WWTP Headworks Leveling $ 20,000.00 $ 20,000.00 $ - System WWTP SCADA Improvements $ 20,000.00 $ 30,000.00 $ 10,000.00 Line Inspection Camera 2-inch $ - $ $ - Replacement Braly Pump-20 $ - $ - $ - hp/900 gpm Lawn Mower $ - $ 9,000.00 $ 9,000.00 Hoist System for Canebrake Lift $ - $ 50,000.00 $ 50,000.00 Station Rotork Controller $ - $ 15,000.00 $ 15,000.00 Truck #540 Replacement $ - $ 25,000.00 $ 25,000.00 Truck #166 Replacement $ 30,000.00 $ 38,000.00 $ 8,000.00 Truck #62 Replacement $ - $ 20,000.00 $ 20,000.00 New Trailer (mowers) $ - $ 2,500.00 $ 2,500.00 Jackhammers $ 2,000.00 ============================================== $ 177,000.00 $ 323,500.00 $ 146,500.00 TOTAL BUDGET $ 293,518.00 $ 361,362.50 $ 67,844.50 The motion was seconded by Councilman Travis 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 approve the FY 2018 Gas Department budget and spread the same on the minutes. CITY OF ATHENS UTILITIES GAS DEPARTMENT FY 2018 BUDGET FY FY 2018 BUDGET 2017 Budget Budget VARIANCE REVENUE Metered Sales $ 13,950,150.00 $ 14,030,300.00 $ 80,150.00 Miscellaneous Revenue $ 136,091.00 $ 136,091.00 $ - Training Facility $ 105,000.00 $ 130,000.00 $ 25,000.00 Aid to Construction $ 125,000.00 $ 125,000.00 $ - TOTAL OPERATING REVENUE $ 14,316,241.00 $ 14,421,391.00 $ 105,150.00 EXPENSES Employee Expense - Salaries $ 2,544,350.00 $ 2,581,557.00 $ 37,207.00 and Benefits Purchased Gas $ 6,050,150.00 $ 5,870,500.00 $ (179,650.00) Distribution System Operation $ 570,000.00 $ 580,000.00 $ 10,000.00 & Maintenance Customer Service Expense $ 294,267.00 $ 282,070.00 $ (12,197.00) Advertising and Promotion $ 225,000.00 $ 225,000.00 $ - Administrative and General $ 606,961.00 $ 722,406.00 $ 115,445.00 Expense Vehicle & Equipment $ 185,000.00 $ 185,000.00 $ - Operations & Maintenance Appropriation to General $ 940,000.00 $ 1,065,000.00 $ 125,000.00 Fund/Admore/Elkmont Debt Service Expenses $ 350,353.00 $ 812,564.00 $ 462,211.00 General Fund Salaries & $ 129,442.00 $ 129,442.00 $ - Expenses Construction in Progress $ 950,000.00 $ 950,000.00 $ - TOTAL OPERATING EXPENSES $ 12,845,523.00 $ 13,403,539.00 $ 558,016.00 NET OPERATING BUDGET $ 1,470,718.00 $ 1,017,852.00 $ (452,866.00) CAPITAL RESERVE Allocation Carry Over $ 250,000.00 $ 280,000.00 $ 30,000.00 CAPITAL EXPENDITURES Generator Replacement $ 10,000.00 $ 10,000.00 $ - Replacement Truck #370 $ 42,000.00 $ - $ (42,000.00) Technical Equipment (CGI, $ 60,000.00 $ 50,000.00 $ (10,000.00) Locator, etc.) Equipment for HP Line & Leak $ 50,000.00 $ 40,000.00 $ (10,000.00) Detection Work CNG Compressor Station $ 200,000.00 $ - $ (200,000.00) Equip/Misc. Mayor's Car $ 36,000.00 $ - $ (36,000.00) Replacement Truck #72 $ 147,000.00 $ 147,000.00 $ - CNG Replacement Truck #73 $ 45,000.00 $ 45,000.00 $ - CNG Replacement Truck #374 $ 48,000.00 $ 45,000.00 (3,000.00) Back Hoe Loader $ - $ - $ - Trencher Plow Combo Service $ - $ 55,000.00 $ 55,000.00 Installation  Boring Maching Replacement $ 280,000.00 $ 280,000.00 $ - Leak City Expansion $ 185,000.00 $ - $ (185,000.00) Leak City Paving around new $ - $ 25,000.00 $ 25,000.00 build/Misc. supplies Misc Equipment (Office equip, $ 40,000.00 $ 40,000.00 $ - furniture) Upgrades to South Jefferson $ - $ 31,500.00 $ 31,500.00 building $ 1,143,000.00 $ 768,500.00 $ (374,500.00) TOTAL BUDGET 577,718.000 529,352.000 $ (48,366.00) The motion was seconded by Councilman Wales and was unanimously carried. Councilman Travis introduced the following resolution: CITY OF ATHENS UTILITIES WATER DEPARTMENT FY 2018 BUDGET FY 2017 FY 2018 BUDGET Budget Budget VARIANCE REVENUE Metered Sales $ 6,000,000.00 $ 5,800,000.00 $ (200,000.00) Miscellaneous Revenue $ 279,500.00 $ 275,000.00 (4,500.00) General Fund Appropriation $ 221,684.00 65,000.00 $ (156,684.00) Aid to Construction $ 50,000.00 20,000.00 $ (30,000.00) TOTAL OPERATING REVENUE $ 6,551,184.00 $ 6,160,000.00 $ (391,184.00) EXPENSES Employee Expense - Salaries and Benefits $ 1,700,258.00 $ 1,652,919.00 $ (47,339.00 ) Water Production Expenses $ 643,000.00 $ 704,000.00 $ 61,000.00 Transmission and Distribution Expense $ 568,000.00 $ 610,500.00 $ 42,500.00 Customer Service Expense $ 324,894.00 $ 344,822.00 $ 19,928.00 Administrative and General Expense $ 346,507.00 $ 381,812.09 $ 35,305.09 Vehicle & Equipment Operations & $ 80,000.00 $ 90,000.00 $ 10,000.00 Maintenance Appropriation to General Fund $ 300,000.00 $ 290,000.00 $ (10,000.00) Debt Service Expenses $ 945,824.00 $ 875,889.00 $ (69,935.00) General Fund Salaries & Expenses 92,618.00 $ 98,000.00 $ 5,382.00 Transfer to Wastewater $ 1,100,000.00 $ 600,000.00 $ (500,000.00) Construction in Progress $ 120,000.00 $ 120,000.00 $ - TOTAL OPERATING EXPENSES $ 6,221,101.00 $ 5,767,942.09 $ (453,158.91) NET OPERATING BUDGET $ 330,083.00 $ 392,057.91 $ 61,974.91 CAPITAL RESERVE Reserves/Tank Maintenance Fund $ 85,000.00 $ 85,000.00 $ - CAPITAL EXPENDITURES Office Furniture and Equipment $ 2,000.00 $ 3,000.00 $ 1,000.00 GIS Hardware/Software $ 15,000.00 $ 20,000.00 $ 5,000.00 Water Treatment Plant Doors $ 15,500.00 $ 18,000.00 $ 2,500.00 Tank Pro Contract 3-Year Painting Gallery & $ 150,000.00 $ 150,000.00 $ - River Replace Unit #45 $ 24,378.00 $ 77,000.00 $ 52,622.00 Replace Unit #48 $ 67,300.00 $ 32,000.00 $ (35,300.00) Replace Unit #47 (Backhoe) $ -$ 90,000.00 $ 90,000.00 $ 274,178.00 $ 390,000.00 $ 115,822.00 TOTAL BUDGET $ 140,905.00$ 87,057.91 $ (53,847.09) The motion was seconded by Councilman Harper and was unanimously carried. Councilman Seibert made for introduction only the following resolution: RESOLUTION NUMBER 2017-_____ A RESOLUTION CONTRACTING WITH A THIRD PARTY TO PROVIDE SUBSURFACE EXPLORATION AND GEOTECHNICAL ENGINEERING SERVICES WHEREAS, the appropriate municipal official has determined that the subsurface exploration and geotechnical engineering services are required and is best accomplished through contracting with a third party. THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA on 25 September, 2017 at 5:30 p.m., that the Mayor (and/or his designee) is authorized to contract, on behalf of the City of Athens, with Morell Engineering to provide subsurface exploration and geotechnical engineering services for the proposed Athens Recreation Facility located near the Sportsplex at 1403 US HWY 31 N (parcel # 44-07-08-34-3-000-001.016 and 44-07-08-34-3-000-001.018) for a cost not in excess of $12,500.00. 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 Councilman Wales introduced the following resolution: RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA, to set a Public Hearing for the regular meeting of October 23, 2017 to review the request from the City of Athens Board of Education to rezone 5.82 Acres located to the west of Dexter Street, within the Corporate Limits of the City of Athens, from a TN-2 Traditional Neighborhood 2 District to a TB Traditional Business District. The motion was seconded by Councilman Seibert and was unanimously carried. * * * There being no further business to come before the meeting, the same was, upon motion by Councilman Seibert and second by Councilman Wales, duly and properly adjourned. /s/ Joseph Cannon PRESIDENT, CITY COUNCIL ATTEST: /s/ Annette Barnes CITY CLERK