City Council

April 23, 2018 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 April 23, 2018, at 5:30 p.m. The meeting was called to order by Councilman Chris Seibert, President of the Council. Upon roll call, the following were found to be present: Councilmembers Frank Travis, Wayne Harper, Harold Wales, Joseph Cannon and Chris Seibert. Mayor Marks lead the Pledge of Allegiance. Annette Barnes, City Clerk, was present and recorded the minutes of the meeting. Harold Wales offered the invocation. The Chairperson stated that a quorum was present and that the meeting was open for transaction of business. The Chairperson stated that the Minutes of the April 9, 2018 City Council Meeting had been submitted for approval. Councilman Wales moved that the reading of the Minutes be suspended and that the Minutes be approved as recorded. The motion was seconded by Councilman Cannon and was unanimously carried. The Chairperson stated that the Minutes of the April 9, 2018 City Council Work Session Meeting had been submitted for approval. Councilman Wales moved that the reading of the Minutes be suspended and that the Minutes be approved as recorded. The motion was seconded by Councilman Cannon and was unanimously carried. Ralph Diggins, 100 Willow Street, Athens, addressed the Council concerning the lengthy wait times in the State Driver’s License Examiner’s Office. He presented the Mayor and Council with a written, open editorial soliciting the help of the Mayor, Council, County Commission Chairman and the Limestone County State Legislative Delegation in addressing the existing service currently being offered by County’s Department of Public Safety Office. Councilman Cannon introduced the following resolution: RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA, to approve the purchase of Ten (10) Seek Reveal FirePro Thermal Imaging Cameras from Municipal Emergency Services, at a total cost of $6,499.90 for the Fire Department. This purchase shall be funded from 300.500.85001 Capital Fund account. The motion was seconded by Councilman Wales and was unanimously carried. Councilman Cannon introduced the following resolution: RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA, to approve travel/education expenses for Water Services employees. Frank Eskridge AWEA Annual Conference $102.96 (Water Services) Point Clear, Alabama April 7-11, 2018 Jon Lewonczyk AWEA Annual Conference $856.19 (Wastewater) Point Clear, Alabama April 7-11, 2018 Will Yarbrough AWEA Annual Conference $1,142.28 (Wastewater) Point Clear, Alabama April 7-11, 2018 Eric Morell AWEA Annual Conference $1,228.84 (Wastewater) Point Clear, Alabama April 7-11, 2018 Neal Gatlin AWEA Annual Conference $1,002.10 (Wastewater) Point Clear, Alabama April 7-11, 2018 Virgil White AWEA Annual Conference $1,210.12 (Wastewater) Point Clear, Alabama April 7-11, 2018 The motion was seconded by Councilman Wales and was unanimously carried. Councilman Cannon introduced the following resolution: RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA, to accept the quote for a backhoe/loader for the Water Department from Warrior Tractor and Equipment Company, of Athens, Alabama, in the amount of $93,275.00 and to authorize the Manager of Water Services to execute a corresponding purchase order. The motion was seconded by Councilman Wales 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 reappoint Jennifer Manville to the Board of Education for a five year term, expiring on April 28, 2023. The motion was seconded by Councilman Cannon and was unanimously carried. Councilman Cannon introduced the following resolution: RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA, to reappoint Shannon Hutton to the Board of Education for a five year term, expiring on April 28, 2023. The motion was seconded by Councilman Travis and was unanimously carried. Councilman Wales introduced the following resolution: RESOLUTION NUMBER 2018-1568 A RESOLUTION REGARDING A POLE ATTACHMENT REGULATION AMENDMENT TO THE TVA POWER CONTRACT _______________________________________________ WHEREAS, the City of Athens purchases all of its electrical power requirements from the Tennessee Valley Authority (“TVA”) pursuant to its contract with TVA, numbered TV-65187A, effective October 29, 1984, as amended (the “Power Contract”);  WHEREAS, TVA is authorized to provide for rules and regulations in the Power Contract that are necessary for carrying out the purposes of the TVA Act; WHEREAS, the City, through Athens Utilities, has pole attachment agreements with a number of third parties, such as cable companies and others, that attach their facilities to the City’s electrical power poles throughout Limestone County; WHEREAS, those third parties pay annual pole attachment fees to Athens Utilities to compensate Athens Utilities for the use of electric system assets; WHEREAS, in February, 2016, the TVA Board refined its pole attachment rate regulation to include a fully-allocated cost methodology for determining the pole attachment rate to be applied by its local distributors, and required that it be implemented by local distributors such as Athens Utilities; WHEREAS, to memorialize TVA’s regulation of pole attachment rates, TVA and the City desire to amend the Power Contract; and WHEREAS, the adoption of the amendment of the Power Contract, along with TVA’s implementation of its regulation of pole attachment rates, will begin a process whereby the City will adjust its rates in the pole attachment contracts so that they are in accordance with the new regulation. THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA on April 23RD, 2018, at 5:30p.m., as follows: 1. The Mayor is authorized, for and on behalf of the City, to execute the Pole Attachment Regulation Amendment, in substantially the form as shown on Exhibit A hereto. 2. The Mayor is authorized to take all actions and execute such other and further documents as may be necessary to effect and carry out and enforce the terms of the Pole Attachment Regulation Amendment, including but not limited to, amending or entering into new pole attachment agreements with third parties in order to implement the new pole attachment rates as set forth in the Pole Attachment Regulation Amendment. ADOPTED and APPROVED this, the 23rd day of April, 2018. /s/ Chris Seibert 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 23RD day of April, 2018. Witness my hand and seal of office this ___ day of __________________, 2018. ____________________________________ Annette Barnes, City Clerk EXHIBIT A Pole Attachment Regulation Amendment The motion was seconded by Councilman Cannon and was unanimously carried. Councilman Travis introduced the following resolution: RESOLUTION NUMBER 2018-1569 A RESOLUTION DETERMINING THAT A STRUCTURE AT 703 WESTVIEW STREET IS UNSAFE AND A PUBLIC NUISANCE, AND ORDERING ABATEMENT OF SAME WHEREAS, this Resolution is authorized by § 46-280, et seq. of Article IX of Chapter 46 of the City Code of Athens, Alabama, and/or § 11-40-30, et seq. of the Code of Alabama, in addition to other legal authority; WHEREAS, the appropriate municipal official has presented information to the City Council about a structure and/or building (herein referred to as the “Structure”) located at the real property described as follows: Address: 703 Westview Street, Athens, Alabama PARCEL # 10-03-08-2-002-091.000 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 appropriate municipal official has determined that the condition of the Structure is unsafe in that the Structure constitutes a public nuisance to the citizens of Athens; WHEREAS, at the City Council’s January 22, 2018 regular meeting, the City Council conducted a public hearing concerning this matter, receiving and reviewing information (including applicable photographs) from the appropriate municipal official concerning the Property and Structure; WHEREAS, the Structure has been deemed unsafe to the extent that it is a public nuisance due to the following reasons: (1) Exclusive of the foundation, the building shows thirty-three (33) percent, or more, of damage or deterioration of one (1) or more supporting members, or fifty (50) percent of damage or deterioration of the non- supporting enclosing or outside walls or covering;  (2) The building has been damaged by fire, wind, earthquake, flood, sinkhole, deterioration, neglect, abandonment, vandalism, or any other cause so as to have become dangerous to life, health, property, morals, safety, or general welfare of the public or the occupants; (3) The building has become or is so damaged, dilapidated, decayed, unsafe, unsanitary, lacking in maintenance, vermin or rat infested, containing filth or contamination, lacking proper ventilation, lacking sufficient illumination, or so utterly fails to provide the amenities essential to decent living that it is unfit for human habitation, or is likely to cause sickness or disease, so as to work injury to the life, health, property, morals, safety, or general welfare of the public or the occupants; (4) The building has light, air, heating, cooling, and sanitation facilities which are inadequate to protect the life, health, property, morals, safety, or general welfare of the public or the occupants; (5) The building does not provide minimum safeguards to protect or warn occupants in the event of fire; (6) The building is so damaged, decayed, dilapidated, structurally unsafe, or of such fault construction or unstable foundation that partial or complete collapse is possible; (7) The building has parts thereof which are so attached that they may fall and damage property or injure the public or the occupants; (8) The building, or any portion thereof, is clearly unsafe for its use or occupancy; (9) The building is neglected, damaged, dilapidated, unsecured, or abandoned so as to become an attractive nuisance to children who might play in or on the building, structure, part of building or structure, party wall, or foundation to their danger, has become a harbor for vagrants, criminals, or immoral persons, or enables persons to resort to the building, structure, part of building or structure, party wall, or foundation for committing a nuisance or an unlawful act; (10) The building has a portion remaining on a site after the demolition or destruction of the same or is abandoned so as to constitute such building, structure, part of building or structure, party wall, or foundation as an attractive nuisance or hazard to the public; and (11) The building is, because of its condition, unsafe, unsanitary, or dangerous to the life, health, property, morals, safety, or general welfare of the public or the occupants. WHEREAS, after the finding by the appropriate municipal official that the Structure was unsafe to the extent that it is a public nuisance, notice was issued pursuant to § 46-280, et seq. of Article IX of Chapter 46 of the City Code of Athens, Alabama to persons who may have an interest in the Property, and such notice was issued more than fifty (50) days prior to the date of this Resolution; WHEREAS, this Resolution has been tabled since the January 22 meeting to allow the owners of the Structure with time to remedy the conditions on the Property; WHEREAS, it appears that no person has remedied the conditions on the Property; and WHEREAS, after due deliberation and an examination of the conditions on the Property, it appears to the City Council that the Structure is unsafe in that it presents a public nuisance to the citizens of Athens, and that the same is due to be demolished.  THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA on April 23, 2018 at 5:30 p.m., as follows: 1. The Structure shall be demolished by the City of Athens. 2. The appropriate municipal official shall make a report to the City Council of the costs associated with the demolition of the Structure so that it may adopt a resolution fixing all costs reasonably incurred in the demolition and assessing such costs against the Property. 3. This work may be performed by City’s own forces, or, if the appropriate municipal official investigates and determines it to be preferable that the work occur through the use of third parties, then the Athens Public Works Department may enter into such contract upon council approval. The City may sell or otherwise dispose of salvaged materials resulting from the work, at the election of the Mayor and/or his designee. ADOPTED and APPROVED this, the 23rd day of April, 2018. /s/ Chris Seibert 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 23rd day of April, 2018. Witness my hand and seal of office this ___ day of __________________, 2018. ____________________________________ Annette Barnes, City Clerk The motion was seconded by Councilman Harper and was unanimously carried. Councilman Travis introduced the following resolution: RESOLUTION NUMBER 2018-1570 A RESOLUTION DETERMINING THAT A STRUCTURE AT 715 WESTMORELAND AVENUE IS UNSAFE AND A PUBLIC NUISANCE, AND ORDERING ABATEMENT OF SAME WHEREAS, this Resolution is authorized by § 46-280, et seq. of Article IX of Chapter 46 of the City Code of Athens, Alabama, and/or § 11-40-30, et seq. of the Code of Alabama, in addition to other legal authority; WHEREAS, the appropriate municipal official has presented information to the City Council about a structure and/or building (herein referred to as the “Structure”) located at the real property described as follows: Address: 715 Westmoreland Avenue, Athens, Alabama  PARCEL # 10-03-08-2-002-059.000 Legal Description The following land lying and being in Limestone County, Alabama, and more particularly described as follows: Seventy-five (75) feet evenly off the North side of Lot No. 4 of Block 2 of Westview Addition to the Town of Athens, Alabama, according to the Map of said Addition on file in the office of the Judge of Probate of Limestone County, Alabama, in Plat Book A, Page 30. This is the same property conveyed by deeds recorded in the office of the Judge of Probate of Limestone County, Alabama, at Volume 740, Page 957, and at Fiche 98494, Page 33. (herein referred to as the “Property). WHEREAS, the appropriate municipal official has determined that the condition of the Structure is unsafe in that the Structure constitutes a public nuisance to the citizens of Athens; WHEREAS, at its March 26, 2018 regular meeting, the City Council conducted a public hearing concerning this matter, and received and reviewed information (including applicable photographs) from the appropriate municipal official concerning the Property and Structure; WHEREAS, the Structure has been deemed unsafe to the extent that it is a public nuisance due to the following reasons: (1) The interior walls or other vertical structure members list, lean, or buckle to such an extent that a plumb line passing through the center of gravity falls outside of the middle third of its base; (2) Exclusive of the foundation, the building shows thirty-three (33) percent, or more, of damage or deterioration of one (1) or more supporting members, or fifty (50) percent of damage or deterioration of the non- supporting enclosing or outside walls or covering; (3) The building has improperly distributed loads upon the floors or roofs, or in which the same are overloaded, or has insufficient strength to be reasonably safe for the purpose used; (4) The building has been damaged by fire, wind, earthquake, flood, sinkhole, deterioration, neglect, abandonment, vandalism, or any other cause so as to have become dangerous to life, health, property, morals, safety, or general welfare of the public or the occupants; (5) The building has become or is so damaged, dilapidated, decayed, unsafe, unsanitary, lacking in maintenance, vermin or rat infested, containing filth or contamination, lacking proper ventilation, lacking sufficient illumination, or so utterly fails to provide the amenities essential to decent living that it is unfit for human habitation, or is likely to cause sickness or disease, so as to work injury to the life, health, property, morals, safety, or general welfare of the public or the occupants; (6) The building has light, air, heating, cooling, and sanitation facilities which are inadequate to protect the life, health, property, morals, safety, or general welfare of the public or the occupants; (7) The building does not provide minimum safeguards to protect or warn occupants in the event of fire; (8) The building contains unsafe equipment, including any boiler, heating equipment, elevator, moving stairway, electrical wiring or device, flammable liquid containers, or other equipment on the premises or within the structure which is in such disrepair or condition that such equipment is a hazard to the life, health, property, morals, safety, or general welfare of the public or the occupants;  (9) The building is so damaged, decayed, dilapidated, structurally unsafe, or of such fault construction or unstable foundation that partial or complete collapse is possible; (10) The building, or any portion thereof, is clearly unsafe for its use or occupancy; (11) The building is neglected, damaged, dilapidated, unsecured, or abandoned so as to become an attractive nuisance to children who might play in or on the building, structure, part of building or structure, party wall, or foundation to their danger, has become a harbor for vagrants, criminals, or immoral persons, or enables persons to resort to the building, structure, part of building or structure, party wall, or foundation for committing a nuisance or an unlawful act; and (12) The building is, because of its condition, unsafe, unsanitary, or dangerous to the life, health, property, morals, safety, or general welfare of the public or the occupants. WHEREAS, after the finding by the appropriate municipal official that the Structure was unsafe to the extent that it is a public nuisance, notice was issued pursuant to § 46-280, et seq. of Article IX of Chapter 46 of the City Code of Athens, Alabama to persons who may have an interest in the Property, and such notice was issued more than fifty (50) days prior to the date of this Resolution; WHEREAS, it appears that no person has remedied the conditions on the Property; and WHEREAS, after due deliberation and an examination of the conditions on the Property, it appears to the City Council that the Structure is unsafe in that it presents a public nuisance to the citizens of Athens, and that the same is due to be demolished. THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA on April 23, 2018 at 5:30 p.m., as follows: 1. The Structure shall be demolished by the City of Athens. 2. The appropriate municipal official shall make a report to the City Council of the costs associated with the demolition of the Structure so that it may adopt a resolution fixing all costs reasonably incurred in the demolition and assessing such costs against the Property. 3. This work may be performed by City’s own forces, or, if the appropriate municipal official investigates and determines it to be preferable that the work occur through the use of third parties, then the Athens Public Works Department may enter into such contract upon council approval. The City may sell or otherwise dispose of salvaged materials resulting from the work, at the election of the Mayor and/or his designee. ADOPTED and APPROVED this, the 23rd day of April, 2018. /s/ Chris Seibert 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 23rd day of April, 2018. Witness my hand and seal of office this ___ day of __________________, 2018. ____________________________________ Annette Barnes, City Clerk The motion was seconded by Councilman Harper and was unanimously carried. Councilman Harper introduced the following resolution: RESOLUTION NUMBER 2018-1571 A RESOLUTION SETTING A PUBLIC HEARING TO CONSIDER WHETHER TO VACATE CONCERNING A CERTAIN PUBLIC WAY NOT PRESENTLY USED BY THE PUBLIC WHEREAS, this resolution relates to a portion of a public way shown on the Canebrake at Piney Creek Golf Course Plat, recorded at Plat Book F, Page 254 in the Office of the Judge of Probate of Limestone County, Alabama, and more particularly described as follows: COMMENCING AT AN IRON PIN FOUND AT THE SOUTHWEST CORNER OF THE SOUTHEAST QUARTER OF SECTION 23, TOWNSHIP 3 SOUTH, RANGE 4 WEST, LIMESTONE COUNTY, ALABAMA, THENCE RUN NORTH 00°23'48" WEST AT A DISTANCE OF 191.77 FEET TO A POINT; THENCE RUN NORTH 89°45'54" WEST AT A DISTANCE OF 348.45 FEET TO A POINT; THENCE RUN NORTH 00°01'23" EAST AT A DISTANCE OF 150.36 FEET TO A POINT, SAID POINT ALSO BEING THE POINT OF BEGINNING. THENCE FROM THE POINT OF BEGINNING RUN NORTH 89°42'22" WEST AT A DISTANCE OF 61.01 FEET TO A POINT; THENCE RUN ALONG A CURVE TO THE LEFT HAVING A CHORD BEARING OF SOUTH 77°10'36" WEST, A CHORD LENGTH OF 260.99 FEET, AND A RADIUS OF 575.00 FEET; THENCE RUN NORTH 20°12'59" WEST AT A DISTANCE OF 50.00 FEET TO A POINT; THENCE RUN ALONG A CURVE TO THE RIGHT HAVING A CHORD BEARING OF NORTH 77°21'33" EAST, A CHORD LENGTH OF 278.77 FEET, AND A RADIUS OF 620.48 FEET; THENCE RUN SOUTH 89°42'22" EAST AT A DISTANCE OF 60.79 FEET TO A TO A FOUND IRON PIN; THENCE RUN SOUTH 00°02'45" WEST AT A DISTANCE OF 50.00 FEET AND BACK TO THE POINT OF BEGINNING. SAID TRACT OF LAND CONTAINS 0.38 ACRES, MORE OR LESS. (the “Public Way”); WHEREAS, for the aid of the reader, a depiction of the Public Way is shown on Exhibit A hereto, and labelled as a “50’ Future Road ROW”; WHEREAS, the Public Way is not an improved roadway and is not being used by the public; and WHEREAS, the City proposes to vacate the Public Way pursuant to § 23-4-1, et seq. of the Code of Alabama.  THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA while in regular session on April 23RD, 2018 at 5:30 p.m. as follows: 1. A public hearing is hereby scheduled for May 29, 2018, at 5:30 p.m., at the City Council Chambers in the City Hall of the City of Athens, Alabama, located at 200 Hobbs Street West, Athens, Alabama 35611, concerning what action shall be taken on the issue of the proposed vacation of the Public Way. 2. The Mayor and the City Attorney shall cause notice of the proposed action, public hearing, and other relevant matters to be published, posted and served pursuant to § 23-4-2(a) of the Code of Alabama. ADOPTED and APPROVED this, the 23rd day of April, 2018. /s/ Chris Seibert 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 23RD day of April, 2018. Witness my hand and seal of office this ___ day of __________________, 2018. ____________________________________ Annette Barnes, City Clerk EXHIBIT A The motion was seconded by Councilman Cannon 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 set a Public Hearing for the regular meeting of May 14th, 2018 to review the request from Steven and Tommy Morris to rezone +/-1.13 acres located at 107 Putman Private Drive from an M-2 General Industrial District to an R-1-3 High Density Single Family Residential District. The motion was seconded by Councilman Wales and was unanimously carried. Councilman Cannon introduced the following resolution: RESOLUTION NUMBER 2018-1572 WHEREAS, AT&T has requested to modify an existing telecommunications facility located at 204 Commercial Drive, Athens, AL to provide enhanced wireless services essentially within the corporate limits City of Athens; WHEREAS, AT&T has complied with City’s Ordinance No. 1999-1320 and has demonstrated the need for modification of this wireless facility to deliver consistently reliable services in the identified area, and; WHEREAS, both the City and AT&T customers in Athens will benefit from improved service; and; WHEREAS, the City’s consultant, The Center for Municipal Solutions (CMS), recommends the granting of a Special Use Permit for modification of this facility located at 204 Commercial Drive, Athens, AL, which consists of a 300' ft. Self-Support tower; THEREFORE, BE IT RESOLVED by the City Council of the City of Athens, Alabama that AT&T is hereby granted a Special Use Permit to modify facilities at 204 Commercial Drive, Athens, AL. AT&T proposes to remove six (6) existing antennas and replace with seven (7) new antennas; remove three (3) RRU’s and replace with nine (9) new RRU’s. No changes to the ground space are necessary. As recommended by CMS, the Special Use Permit is subject to compliance with the following conditions prior to the issuance of said permit and/or a Certificate of Completion: 1. To prevent warehousing of permits or authorizations and to assure the best service to the City’s residents as expeditiously a possible, the facility must be built, activated and be providing service no later than one hundred eighty (180) days after the issuance of the Special Use Permit or other applicable authorization, subject to commonly accepted force majeure exceptions acceptable to the City. AT&T may petition the City of an extension of this for good cause shown, but the decision whether or not to grant the extension shall exclusively be the prerogative of the City. 2. AT&T must provide contractor information with construction schedule to the City and to CMS prior to the issuance of the Building Permit. The contractor must notify the City’s consultant for all inspections. 3. Prior to the issuance of the Certificate of Completion, Sprint or the tower owner must remediate the following safety issues, noted at the pre-application site visit: a. Coax is not grounded correctly. b. Marks on locking devices are faded. 4. At the completion of construction, the Applicant must notify the City’s consultant and provide proof that all inspections have been satisfactorily completed and the project is ready for a final on- site inspection. Upon passing the final inspection, a recommendation to issue a Certificate of Occupancy shall be made. 5. AT&T shall not be permitted to actually provide service commercially until the Certificate of Occupancy or its functional equivalent is issued or risk forfeiting its Permit.  6. The Certificate of Occupancy shall not be issued until all fees and costs associated with this Permit, including inspections, have been paid. ADOPTED and APPROVED this, the 23rd day of April, 2018. /s/ Chris Seibert PRESIDENT, CITY COUNCIL, CITY OF ATHENS, ALABAMA /s/ William R. Marks MAYOR, CITY OF ATHENS, ALABAMA ATTEST: /s/ Annette Barnes CITY CLERK, CITY OF ATHENS, ALABAMA The motion was seconded by Councilman Wales and was unanimously carried. Councilman Harper introduced the following resolution: RESOLUTION NUMBER 2018-1573 A RESOLUTION OF THE CITY OF ATHENS, ALABAMA, AUTHORIZING THE PURCHASE OF NATURAL GAS FROM THE MUNICIPAL ENERGY ACQUISITION CORPORATION; APPROVING THE EXECUTION AND DELIVERY OF A GAS SALES CONTRACT RELATING TO SAID PURCHASE; AND CONSENTING TO THE ASSIGNMENT OF CERTAIN OBLIGATIONS UNDER THE GAS SALES CONTRACT IN CONNECTION WITH THE ISSUANCE OF BONDS BY THE SOUTHEAST ALABAMA GAS SUPPLY DISTRICT WHEREAS, The Southeast Alabama Gas Supply District is an Alabama gas district, a public corporation organized by actions of its member municipalities pursuant to the provisions of the Alabama Gas Districts Act, § 11-50-390 et seq., Alabama Code (1975) (“SGS”) and; WHEREAS, SGS was formed, among other reasons, to acquire secure, reliable and adequate long-term supplies of gas for resale to The Southeast Alabama Gas District and to other governmentally-owned wholesale customers for ultimate delivery to the residential, commercial, institutional, and industrial consumers in their areas of service and for the generation of electricity by municipal electric generators for the sale of electricity to their retail electricity customers in their areas of service, both inside and outside the State of Alabama, and to achieve cost savings, economies of scale and reliability of supply; and WHEREAS, SGS has planned and developed a project to acquire long-term gas supplies from J. Aron & Company LLC, a New York limited liability company (“J. Aron”) and a wholly-owned subsidiary of The Goldman Sachs Group, Inc., pursuant to a Prepaid Natural Gas Sales Agreement, and will sell the gas purchased from J. Aron to public gas distribution systems, municipal gas and electric utilities, and joint action agencies serving public gas distribution systems (the “Project Participants”), so as to bring the benefits of secure, reliable and economical gas supplies to the Project Participants and the citizens, inhabitants, and customers they serve (the “Prepaid Project”); and WHEREAS, The Municipal Energy Acquisition Corporation (“MEAC”) is an energy acquisition corporation formed pursuant to the provisions of Title 7, Chapter 39, Tennessee Code Annotated (the “Act”), a public corporation, and an instrumentality of certain municipalities and the State of Tennessee; and WHEREAS, MEAC has been afforded an opportunity to participate in SGS’s gas supply Prepaid Project described above as a Project Participant; and WHEREAS, MEAC has offered to sell to the City of Athens, Alabama (“Athens”) a portion of the gas that MEAC will purchase from SGS as a Project Participant in the Prepaid Project; and WHEREAS, the City Council of the City of Athens, Alabama (the “Governing Body”) has determined that it is in the best interest of its natural gas distribution system and the customers it serves that Athens purchase a portion of its annual natural gas requirements from MEAC pursuant to a gas sales contract to be entered into by MEAC and Athens, as more fully described herein (the “Gas Sales Contract”), the form of which, in substantially final form, is attached to this Resolution; and WHEREAS, for the purpose of providing funds to purchase long-term gas supplies for resale to the Project Participants, it will be necessary for SGS to issue and sell one or more series of Bonds (capitalized terms used herein have the meanings provided in the Gas Sales Contract) and to pledge to the payment of principal and interest on the Bonds certain assets, including the gas supply agreement between Athens and MEAC; and WHEREAS, Athens shall have no obligation or liability with respect to the payment of the Bonds, and Athens’ only obligations relating to SGS’s Prepaid Project described herein shall be as set forth in the Gas Sales Contract; and WHEREAS, in order to authorize the purchase of natural gas from MEAC and the execution of the Gas Sales Contract, to consent to the assignment of the Gas Sales Contract to secure the Bonds, and to authorize the taking of such other necessary and appropriate action in furtherance of the above described program, the Governing Body adopts this resolution. NOW, THEREFORE, BE IT RESOLVED by the Governing Body of Athens as follows: 1. Participant shall purchase from MEAC on each day in each month for the term of the Gas Sales Contract such portion of Athens’ natural gas requirements as the Authorized Officer (as defined below) shall determine, in consultation with the Governing Body, and set forth in the Gas Sales Contract, pursuant to and substantially in accordance with the terms of the Gas Sales Contract as submitted to the Governing Body at this meeting and attached to this Resolution, and which is approved pursuant to Paragraph 2 herein, and the officers, employees and agents of Athens are hereby authorized and directed to take such actions and do all things necessary to cause the purchase of said gas to take place, including the payment of all amounts required to be paid in order to purchase the gas in accordance with the Gas Sales Contract. 2. The Gas Sales Contract shall be in substantially the form submitted, which is hereby approved, with such completions, omissions, insertions, and changes as may be approved by the officers executing said Agreement, their execution to constitute conclusive evidence of their approval of any such completions, omissions, insertions and changes; provided, however, that the Gas Sales Contract shall not be for a term longer than 31 years, shall provide for a natural gas purchase obligation not to exceed an average of 2,000 MMBtu per day, and shall provide for a minimum projected discount, taking monthly and projected annual savings into account (the “Minimum Discount,” as defined in the Gas Sales Contract), of 15 cents ($0.15) per MMBtu. 3. The Gas Department Manager is authorized to execute the Gas Sales Contract and the Director of Finance Utilities is authorized to attest to such execution. 4. The issuance of Bonds by SGS for the purposes hereinabove set forth is hereby acknowledged by the Governing Body, and the Governing Body hereby consents to (a) the assignment and pledge of all MEAC’s right, title and interest under the Gas Sales Contract, including the right to receive performance by Athens of its obligations thereunder, to secure the payment of principal of and interest on the Bonds, and (b) the sale by SGS of receivables due to MEAC from Athens when necessary to provide revenues sufficient to enable SGS to pay Athen’s portion of the debt service on the Bonds when due. 5. The Bonds are not obligations of Athens but are limited obligations of SGS payable solely from the revenues and receipts arising from the sale of gas to the Project Participants and others, including Athens, pursuant to the Gas Sales Contract and to similar agreements with the other participants. By acknowledging the issuance of the Bonds and consenting to the assignment of the Gas Sales Contract and the sale or receivables by SGS, Athens is not incurring any obligation or liability with respect to the Bonds, and Athens’s obligation pursuant to this Resolution is to purchase natural gas and perform its obligations as set forth in the Gas Sales Contract. 6. The officers, employees and designated representatives of Athens are hereby authorized and directed to provide such financial and operating information with respect to Participant and its utility system, including annual financial statements, as SGS may reasonably request for use in SGS’s offering documents and annual continuing disclosure filings for the Bonds. 7. All acts and doings of the officers, employees or designated representatives of Participant which are in conformity with the purposes and intent of this Resolution and in furtherance of the execution, delivery and performance of the Gas Sales Contract, and in furtherance of the issuance and sale of the Bonds, shall be and the same hereby are in all respects approved and confirmed. 8. If any section, paragraph or provision of this Resolution shall be held to be invalid or unenforceable for any reason, the invalidity or unenforceability of such section, paragraph or provision shall not affect any of the remaining provisions of this resolution. 9. All other resolutions or orders, or parts thereof, in conflict with the provisions of this Resolution, are, to the extent of such conflict, hereby repealed. This Resolution shall be in immediate effect upon and after its adoption. If the Bonds have not been issued by December 31, 2018, this Resolution shall no longer be effective. ADOPTED and APPROVED this, the 23RD day of April, 2018. /s/ Chris Seibert 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 23rd day of April, 2018. Witness my hand and seal of office this_______ day of ________, 2018. ___________________________________________ Annette Barnes, City Clerk  ATTACHMENT A Form of Gas Sales Contract MEAC CONTRACT APPROVED BY COUNCIL DECEMBER 2007 MMBTU JAN 109,678 FEB 82,544 MAR 84,258 APR 58,740 MAY 47,926 JUN 38,760 JUL 38,812 AUG 44,516 SEPT 56,040 OCT 66,991 NOV 73,500 DEC 97,712 799,477 $ 135,911.09 $ 1,359,110.90 1 YEAR 10 YEARS $ 80,000.00 AVERAGE ANNUAL TRUE UP $ 800,000.00 10 YEAR TOTAL AVERAGE TRUE UP $ 2,159,110.90 TOTAL SAVINGS The motion was seconded by Councilman Cannon and was unanimously carried. Councilman Harper introduced the following resolution: RESOLUTION NUMBER 2018-1574 A RESOLUTION CONCERNING OPIOID LITIGATION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA while in regular session on April 23rd, 2018 at 5:30 p.m. that the Mayor is authorized, on behalf of the City of Athens, to retain and engage Jimmy Woodroof, Joseph M. Cloud, and Conchin, Cloud & Cole, LLC to investigate, recommend, and pursue civil remedies against those legally responsible for the wrongful distribution of prescription opiates which has affected the City. The Mayor shall make such day-today decisions as are necessary in connection with the same, and the Mayor and City Attorney shall keep the City Council updated with respect to this matter. ADOPTED this the 23RD day of April, 2018. /s/ Chris Seibert 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 23RD day of April, 2018. Witness my hand and seal of office this ___ day of __________________, 2018. ____________________________________ Annette Barnes, City Clerk The motion was seconded by Councilman Travis and was unanimously carried. * * * There being no further business to come before the meeting, Council President Seibert asked if there were any objections to adjourning the meeting. There being none, the meeting was duly and properly adjourned. /s/ Chris Seibert PRESIDENT, CITY COUNCIL ATTEST: /s/ Annette Barnes CITY CLERK