City Council

September 24, 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 September 24, 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 Wayne Harper, Harold Wales, Chris Seibert, Joseph Cannon and Frank Travis. Mayor Marks led 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 September 10, 2018 City Council Meeting had been submitted for approval. Councilman Travis 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 September 10, 2018 City Council Work Session Meeting had been submitted for approval. Councilman Travis 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. A public hearing was held to hear comments on the proposed zoning approval for the sale of alcohol by Good Spirit Beverages, Inc. No one spoke in favor of or against. Councilman Travis introduced the following resolution: RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA, to approve the following applicant for a, “Retail Off Premises Beer and Wine” type, alcohol license. Riya, Inc. Dba: Oakdale Food Market 23010 Nick Davis Road Athens, AL 35613 The motion was seconded by Councilman Cannon 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 declare the following as surplus property of the Water Services Department. 1993 Case 580 Backhoe S/N JJG0168809 7,991 hours 1996 Ford 250 XL VIN 1FTHF25H4TEB18846 65,840 miles The motion was seconded by Councilman Cannon 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 reappoint David Malone to the Lincoln/Bridgeforth Advisory Park Committee for a six (6) year term, expiring September 30, 2024. The motion was seconded by Councilman Cannon 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 reappoint Leslie Williams to the Lincoln/Bridgeforth Advisory Park Committee for a six (6) year term, expiring September 30, 2024. The motion was seconded by Councilman Cannon 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 reappoint Suzanne Rainey to the Lincoln/Bridgeforth Advisory Park Committee for a six (6) year term, expiring September 30, 2024. The motion was seconded by Councilman Cannon 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 reappoint Bertha Caldwell to the Lincoln/Bridgeforth Advisory Park Committee for a six (6) year term, expiring September 30, 2024. The motion was seconded by Councilman Cannon 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 reappoint Martha Griggs to the Board of Trustees of Athens-Limestone Public Library for a four (4) year term, expiring September 30, 2022. The motion was seconded by Councilman Cannon 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 2019 General Fund Operating Budget as follows: Operating Expenditures General and Administrative $ 1,695,690 Municipal Court 360,905 Human Resources 329,700 Fire Department 4,022,150 Police Department 5,695,800 Parks/Recreation/Cemetery 2,474,100 Street Department 2,182,100 Sanitation Department 3,399,900 ES, CD & Building Inspection 717,750 Public Works 303,552 Total Operating Expenditures 21,181,647 Appropriations – Nondiscretionary 3,832,900 Other Expenses – Retiree Bonuses 50,024 Transfers Out 4,415,132 Total Expenditures 29,479,703 Total Expected Revenues 29,972,170 Operating Budget Surplus Before Appropriations $ 492,467 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 2019 Special Revenue Operating Budgets as follows: ALCOHOL FUND GASOLINE TAXES .04/.05/.07 Revenues Revenues Taxes $ 750,000 State Appropriation $ 250,000 Licenses and Permits 30,000 Interest Income 5,000 Total Revenue 250,000 Total Revenue 785,000 Expenditures Expenditures City Board of Education 356,250 Audit Fees 1,750 Administrative Expense 37,500 Bridge Inspection 5,000 Debt Service – GO Debt 350,000 Road Repair 230,000 Road Signs 10,000 Total Operating Expenditures 743,750 Total Operating Expenditures 246,750 Revenues Over (Under) $ 41,250 Revenues Over (Under) $ 3,250 DRUG TASK FORCE ANIMAL CONTROL Revenues Revenues Confiscations Revenue $ 5,000 Interest Income $ 100 Expenditures Expenditures Supplies 3,000 Supplies - Revenues Over (Under) $ 2,000 Revenues Over (Under) $ 100 OIL LEASE TRUST COURT SYSTEM Revenues Revenues Court Education $ 3,000 Solicitors Admin Fee 1,700 State Appropriation $ 190,000 Court Operations 18,000 Interest Income 5,000 Interest Income 500 Total Revenue 195,000 Total Revenue 23,200 Expenditures Expenditures  Debt Service – GO Debt 600,000 Supplies 5,000 Revenues Over (Under) $ (405,000) Revenues Over (Under) $ 18,200 The motion was seconded by Councilman Cannon 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 2019 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 Travis 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 the FY 2019 Special School Fund Operating Budget as follows: Revenues Sales Tax Revenue (20% of One Cent Sales Tax) $ 925,000 Expenditures Appropriation to School Board for Debt Service 925,000 Revenues Over (Under) Expenditures $ - The motion was seconded by Councilman Wales 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 2019 Contingency Fund Operating Budget as follows: Revenues Sales Tax Revenue (20% of One Cent Sales Tax) $ 925,000 Expenditures Economic Development – Polaris Project (2nd of 3 payments) 66,667 Debt Service – GO Debt 800,000 Total Operating Expenditures 866,667 Revenues Over (Under) Expenditures $ 58,333 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 2019 Gas Department Budget as follows: CITY OF ATHENS UTILITIES GAS DEPARTMENT FY 2019 BUDGET FY 2018 FY 2019 BUDGET Budget Budget VARIANCE REVENUE Metered Sales $ 14,030,000.00 $ 14,690,500.00 $ 660,200.00 Miscellaneous Revenue $ 136,091.00 $ 136,091.00 $ - Training Facility $ 130,000.00 $ 160,000.00 $ 30,000.00 Aid to Construction $ 125,000.00 $ 150,000.00 $ 25,000.00 TOTAL OPERATING REVENUE $ 14,421,391.00 $ 15,136,591.00 $ 715,200.00 EXPENSES Employee Expense – Salaries and Benefits $ 2,581,557.00 $ 2,822,183.00 $ 240,626.00 Purchased Gas $ 5,870,500.00 $ 6,030,700.00 $ 160,200.00 Distribution System Operation & Maintenance $ 580,000.00 $ 580,000.00 $ - Customer Service Expense $ 282,070.00 $ 244,668.00 $ (37,402.00) Advertising and Promotion $ 225,000.00 $ 225,000.00 $ - Administrative and General Expense $ 722,406.00 $ 737,106.00 $ 14,700.00 Vehicle & Equipment Operations & Maint. $ 185,000.00 $ 185,000.00 $ - Appropriation to General Fund/Ardmore/Elkmont $ 1,065,000.00 $ 1,065,000.00 $ - Debt Service Expenses $ 812,564.00 $ 813,826.00 $ 1,262.00 General Fund Salaries & Expenses $ 129,442.00 $ 129,442.00 $ - Construction in Progress $ 950,000.00 $ 950,000.00 $ -______ TOTAL OPERATING EXPENSES $ 13,403,539.00 $ 13,782,925.00 $ 379,386.00 NET OPERATING BUDGET $ 1,017,852.00 $ 1,353,666.00 $ 335,814.00 CAPITAL RESERVE Allocation Carry Over $ 280,000.00 $ 160,000.00 $ (120,000.00) CAPITAL EXPENDITURES Generator Replacement $ 10,000.00 $ 10,000.00 $ - Technical Equipment (CGI, Locator, Etc.) $ 50,000.00 $ 40,000.00 $ (10,000.00) Equipment for HP Line & Leak Detection Work $ 40,000.00 $ 40,000.00 $ - CNG Compressor Station Equip/Misc. $ - $ 25,000.00 $ 25,000.00 Mayor’s Car $ - $ - $ - Backhoe Loader $ - $ 105,000.00 $ 105,000.00 Trencher Plow Combo Service Installation $ 55,000.00 $ - $ (55,000.00) Boring Maching Replacement $ 280,000.00 $ 225,000.00 $ (55,000.00) Leak City Expansion $ - $ - $ - Leak City Paving around new build/Misc supplies $ 25,000.00 $ 50,000.00 $ 25,000.00 Misc Equipment (Office equip, furniture) $ 40,000.00 $ 40,000.00 $ - Upgrades to South Jefferson building $ 31,500.00 $ 42,500.00 $ 11,000.00 Replace Truck #71 $ - $ 130,000.00 $ 130,000.00 Replace Truck #72 (includes $160,000 carryover) $ 147,000.00 $ 160,000.00 $ 13,000.00 Replace Truck #73 $ - $ 46,000.00 $ 46,000.00 Replace Truck #74 $ 45,000.00 $ - $ (45,000.00) Replace Truck #77 $ - $ 46,000.00 $ 46,000.00 Replace Truck #78 $ - $ 46,000.00 $ 46,000.00 Replace Truck #374 $ 45,000.00 $ - $ (45,000.00) $ 768,500.00 $ 1,005,500.00 $ 237,000.00 TOTAL BUDGET $ 529,352.00 $ 508,166.00 $ (21,186.00) 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 the FY 2019 Water and Wastewater Budgets as follows: CITY OF ATHENS UTILITIES WATER DEPARTMENT FY 2019 BUDGET FY 2018 FY 2019 BUDGET Budget Budget VARIANCE REVENUE Metered Sales $ 5,800,000.00 $ 6,000,000.00 $ 200,000.00 Miscellaneous Revenue $ 275,000.00 $ 275,000.00 $ - General Fund Appropriation $ 165,000.00 $ - $ (165,000.00) Aid to Construction $ 20,000.00 $ 20,000.00 $ - TOTAL OPERATING REVENUE $ 6,260,000.00 $ 6,295,000.00 $ 35,000.00 EXPENSES Employee Expense – Salaries and Benefits $ 1,652,919.00 $ 1,798,763.00 $ 145,844.00 Water Production Expenses $ 704,000.00 $ 763,500.00 $ 59,500.00 Transmission and Distribution Expense $ 610,500.00 $ 655,000.00 $ 44,500.00 Customer Service Expense $ 344,822.00 $ 320,832.00 $ (23,990.00) Administrative and General Expense $ 381,812.09 $ 406,269.00 $ 24,456.91 Vehicle & Equipment Operations & Maint. $ 90,000.00 $ 90,000.00 $ - Appropriation for General Fund $ 290,000.00 $ 300,000.00 $ 10,000.00 Debt Service Expenses $ 875,889.00 $ 872,580.00 $ (3,309.00) General Fund Salaries & Expenses $ 98,000.00 $ 102,000.00 $ 4,000.00 Transfer to Wastewater $ 600,000.00 $ 600,000.00 $ - Construction in Progress $ 120,000.00 $ 120,000.00 $ - TOTAL OPERATING EXPENSE $ 5,767,942.09 $ 6,028,944.00 $ 261,001.91 NET OPERATING BUDGET $ 492,057.91 $ 266,056.00 $ (226,001.91) CAPITAL RESERVE Reserves/Tank Maintenance Fund $ 95,000.00 $ 100,000.00 $ 5,000.00 CAPITAL EXPENDITURES Office Furniture and Equipment $ 3,000.00 Computer/SCADA/GIS Hardware/Software $ 30,000.00 County Aerial Photography $ 5,000.00 Water Treatment Plant Doors $ 35,000.00 WTP Entrance Wall $ 50,000.00 Replace Unit #43 Dump Truck $ 95,000.00 Replace Unit #40 $ 25,000.00 Kubota Mini Excavator $ 60,000.00 ___ $ 390,000.00 $ 303,000.00 $ (87,000.00) TOTAL BUDGET $ 197,057.91 $ 63,056.00 $ (134,001.91) CITY OF ATHENS UTILITIES SEWER DEPARTMENT FY 2019 BUDGET FY 2018 FY 2019 BUDGET Budget Budget VARIANCE REVENUE Metered Sales $ 5,000,000.00 $ 5,200,000.00 $ 200,000.00 Miscellaneous Revenue $ 460,000.00 $ 500,000.00 $ 40,000.00 Transfer from Water $ 600,000.00 $ 600,000.00 $ - Aid to Construction $ 30,000.00 $ 30,000.00 $ - TOTAL OPERATING REVENUE $ 6,090,000.00 $ 6,330,000.00 $ 240,000.00 EXPENSES Employee Expense – Salaries and Benefits $ 1,995,030.00 $ 2,174,928.00 $ 179,898.00 Treatment Plant Operations & Maint. $ 554,000.00 $ 537,000.00 $ (17,000.00) Collection System Operation & Maint. $ 337,000.00 $ 386,000.00 $ 49,000.00 Customer Service Expense $ 225,071.00 $ 208,897.00 $ (16,174.00) Administrative and General Expense $ 323,784.50 $ 356,251.50 $ 32,467.00 Vehicle & Equipment Operations & Maint. $ 80,000.00 $ 95,000.00 $ 15,000.00 Appropriation to General Fund $ 125,000.00 $ 130,000.00 $ 5,000.00 Debt Service Expenses $ 1,705,252.00 $ 2,075,382.00 $ 370,130.00 General Fund Salaries & Expenses $ 100,000.00 $ 104,000.00 $ 4,000.00 Construction in Progress $ 100,000.00 $ 100,000.00 $ -_ TOTAL OPERATING EXPENSES $ 5,545,137.50 $ 6,167,458.50 $ 622,321.00 NET OPERATING BUDGET $ 544,862.50 $ 162,541.50 $ (382,321.00) CAPITAL RESERVE Allocation Carry Over $ 140,000.00 $ 250,000.00 $ 110,000.00 CAPITAL EXPENDITURES Computer/SCADA/GIS Hardware/Software $ 20,000.00 Office Furniture and Equipment $ 2,500.00 County Aerial Photography $ 5,000.00 Hoist System for RAS Pumps $ 35,000.00 New Roof-Old RAS Building $ 45,000.00 Braley Lift Station VFD Installation $ 20,000.00 Bobcat Skid Steer Attachments $ 11,000.00 Rotork Controller $ 15,000.00 Truck #51 Replacement (Ford F450 Service Truck) $ 60,000.00 Truck #553 Replacement (Ford F150 Truck) $ 28,000.00 Truck #56 Replacement (John Deere 410 Backhoe) $ 105,000.00 Truck #540 Replacement (Ford F150 Truck) $ 28,000.00 Sand Trailer $ 1,000.00 Cabinet for gas containers $ 1,000.00 Demolition Saw $ 1,500.00____________________ $ 323,500.00 $ 378,000.00 $ 54,500.00 TOTAL BUDGET $ 34,541.50____________________ The motion was seconded by Councilman Travis and was carried with four yeas and one nay by Councilman Wales. Councilman Cannon made for introduction only the following resolution:  RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF ATHENS, ALABAMA to reorganize the Public Works Department in accordance with the attached organizational chart, which includes the following 56 positions:  Director of Public Works  Building and Public Works Assistant  Building Inspectors (4)  GIS Coordinator  City Planner  Technical Coordinator  Director of Street Operations  Administrative Assistant  Construction Supervisor – Street  Equipment Operators (12 positions)  Construction Crew Leader (4 positions)  Concrete Finishers – (4 positions)  Garage Mechanics (4 positions)  Director of Building Services and Sanitation  Sanitation Operations Supervisor  Sanitation Crew Leader  Equipment Operators (15 positions)  Maintenance Technician 3/Crew Leader  Maintenance Technicians (2) (level 1, 2, or 3 dependent on skill)  Building Maintenance Custodian (1)  Garage and Inventory Control Coordinator ___________________________________ PRESIDENT, CITY COUNCIL DATE ATTEST ____________________________ CITY CLERK DATE Councilman Cannon made for introduction only the following resolution: RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF ATHENS, ALABAMA to adopt the following revised job description for the Public Works Department:  Construction Crew Leader, Grade 8, Job description updated 7/16/2018 ____________________________________________ PRESIDENT, CITY COUNCIL Date ATTEST: ____________________________________ CITY CLERK Date Councilman Cannon made for introduction only the following ordinance: STATE OF ALABAMA LIMESTONE COUNTY CITY OF ATHENS ORDINANCE NUMBER 2018-____________ BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA, that Ordinance Number 888, establishing a classification list for classified and unclassified employees is hereby amended as follows, effective: 09/24/2018. Add the following job title to the list of classified positions for the PW Department: (1) City Planner, Grade 11 (2) City Engineer, Grade 13 Delete the following job title from the list of unclassified positions for the PW Department: (1) City Planner, Manager 1 Delete the following job title from the list of classified positions for the PW Department: (2) Technical Coordinator, Grade 8 ADOPTED this the _____ day of ___________________ 2018 ___________________________________________________ PRESIDENT, CITY COUNCIL APPROVED: This the ______day of _________________2018 _______________________________________ MAYOR ATTEST: __________________________________________________ CITY CLERK Date 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 following 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, 2018. ATHENS ELECTRIC DEPARTMENT RETAIL ELECTRICITY RATES EFFECTIVE FOR METERS READ ON OR AFTER OCTOBER 1, 2018 TRANSITION (APRIL, MAY, OCTOBER, NOVEMBER) RETAIL RATE Residential Customer 10.40 All kWh 0.09121 GSA1 Customer (0-500 kWh) 12.00 Customer (Above 500 kWh) 18.74 All kWh 0.10117 GSA2 Customer 85.00 1st 15000 kWh 0.09645 Additional kWh 0.05832 kW, 0-50 2.00 kW, 51-5000 13.42 GSA3 Customer 375.00 All kWh 0.06151 kW, 0-1000 12.35 kW, 1001-5000 14.84 TGSA1 Customer (0-500 kWh) 13.94 Customer (Above 500 kWh) 18.74 Onpeak kWh 0.19181  Offpeak kWh 0.06869 TGSA2 Customer 85.00 Onpeak kWh 0.08784 Offpeak kWh 0.06211 Onpeak kW 14.01 Offpeak kW Excess 2.03 Over Onpeak TGSA3 Customer 375.00 Onpeak kWh 0.08541 Offpeak kWh 0.05968 Onpeak kW 12.95 Offpeak kW Excess 1.23 Over Onpeak GSA1 Seasonal Customer (0-500 kWh) 12.00 Customer (Above 500 kWh) 18.74 All kWh 0.11447 GSA2 Seasonal Customer 85.00 1st 15000 kWh 0.10975 Additional kWh 0.05832 kW, 0-50 2.00 kW, 51-1000 17.42 GSA3 Seasonal Customer 375.00 All kWh 0.06151 kW, 0-1000 16.35 kW, 1001-5000 18.84 TGSA1 Seasonal Customer (0-500 kWh) 13.94 Customer (Above 500 kWh) 18.74 Onpeak kWh 0.20511 Offpeak kWh 0.08199 TGSA2 Seasonal Customer 85.00 Onpeak kWh 0.08784 Offpeak kWh 0.06211 Onpeak kW 18.01 Offpeak kW 6.03 Over Onpeak TGSA3 Seasonal Customer 375.00 Onpeak kWh 0.08541 Offpeak kWh 0.05968 Onpeak kW 16.95 Offpeak kW 5.23 Over Onpeak MSB Customer Charge 1500.00 Admin Charge 350.00 Onpeak kW 9.27 Maximum kW 2.26 Excess over Contract 9.27 Onpeak kWh 0.04870 Offpeak 1st 200 hours 0.04870 Offpeak Next 200 hours 0.01591 Offpeak Additional kWh 0.01336 MSC Customer Charge 1500.00 Admin Charge 350.00 Onpeak kW 9.27 Maximum kW 1.65 Excess over Contract 9.27 Onpeak kWh 0.04757 Offpeak 1st 200 hours 0.04757 Offpeak Next 200 hours 0.01732 Offpeak Additonal kWh 0.01732 MSD Customer Charge 1500.00 Admin Charge 350.00 Onpeak kW 9.27 Maximum kW 1.64 Excess over Contract 9.27 Onpeak kWh 0.04529 Offpeak 1st 200 hours 0.04529 Offpeak Next 200 hours 0.01563 Offpeak Additional kWh 0.01504 Outdoor Lighting All kWh 0.06534 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 a 3% cost of living (COLA) salary increase for all classified and unclassified employees effective October 14, 2018, which is the first day of the payroll period ending on October 27, 2018 (payable on November 1, 2018), and to approve revising the City’s official classified and unclassified pay scales to reflect the change in pay rates. The motion was seconded by Councilman Wales and was unanimously carried. Councilman Travis introduced the following resolution: RESOLUTION ACT 2018-563 (Local Unit Retirees and Beneficiaries of Deceased Retirees) BE IT RESOLVED BY THE CITY OF ATHENS, ALABAMA, that the City of Athens, through its governing authority, elects to come under the provisions of Section 1 of Act 563 of the Regular Session of the 2018 Legislature. The City of Athens agrees to provide all funds necessary to the Employees’ Retirement System to cover the cost of the one-time lump sum payment as provided for by this Act for those eligible retirees and beneficiaries of deceased retirees of the City of Athens with the aforementioned lump sum payment being paid in December 2018. CERTIFICATION I, Annette Barnes, City Clerk of the City of Athens, Alabama, hereby certify that the foregoing is a true and correct copy of the Resolution passed on this 24th day of September, 2018. /s/Annette Barnes City Clerk The motion was seconded by Councilman Cannon and was unanimously carried. Councilman Wales introduced the following resolution:  RESOLUTION WHEREAS, on August 13, 2018, the City Council of the City of Athens, Alabama adopted Resolution Number 2018-1585 to enter into an agreement with the State of Alabama, acting by and through the Alabama Department of Transportation (“ALDOT”) for the construction of a 6@38’28” span AASHTO girder bridge replacement on Forrest Street over Swan Creek and Swan Creek Relief; and for the resurfacing of Forrest Street from SR-3 (US-31) to Lindsay Lane; and WHEREAS, ALDOT has received and evaluated bids for the project and will make the award of the Contract to Miller & Miller, Inc., of Huntsville, AL subject to the approval by the Athens City Council and payment of the City’s portion of the project cost within 30 days of the opening of the proposals. THEREFORE, BE IT RESOLIVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA, to approve the payment of the City funds due of $1,456,362.98 to the Alabama Department of Transportation. Such payment shall be remitted to ALDOT no later than Wednesday, September 26, 2018. The source of funding for this payment shall be the balance in the City’s ATRIP fund with the remaining balance to be paid from the City’s Capital Infrastructure Fund. 100% of the City’s available federal funding remaining in the Alabama Transportation and Rehabilitation Improvement Program in the amount of $2,558,081.68 will also be utilized toward the completion of this project for a total of $4,014,444.66, which includes construction costs plus engineering and inspection services and utilities. Councilmember Travis moved that unanimous consent be given for immediate consideration of and action on said resolution, which motion was seconded by Councilmember Wales, and upon the said motion being put to vote the following vote was recorded: YEAS: Councilmembers Seibert, Wales, Travis, Cannon and Harper; NAYS: None. The President thereupon declared that the motion for unanimous consent for immediate consideration of and action on the said resolution had been unanimously carried. Councilmember Wales thereupon moved that the resolution 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, and Travis; NAYS: Councilmembers Cannon and Harper. The President thereupon announced that the motion for the adoption of the said resolution had been carried. Councilman Harper introduced the following resolution: RESOLUTION NUMBER 2018-1587 A RESOLUTION PERMITTING WITHDRAWAL OF A BID WHEREAS, § 39-2-11(d) of the Code of Alabama requires that a municipality permit a bidder to withdraw a bid without forfeiture where the bidder presents, within three (3) days of the bid opening, evidence of a mistake in its bid due to calculation, clerical error, inadvertent omission, or a typographical error; and WHEREAS, on September 21, Fyfe Construction Company notified the City that it made just such a mistake in its September 20 bid relating to the new Athens Recreation Center project, and Goodwyn, Mills, and Cawood, the City’s architect, confirmed evidence of that mistake through its discussions with Fyfe. THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA, at its regular meeting on September 24, 2018 at 5:30 p.m.,that the City Council permits the withdrawal of Fyfe Construction Company’s bid without forfeiture. ADOPTED this the 24th day of September, 2018. /s/Chris Seibert 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 24th day of September, 2018. Witness my hand and seal of office this 24th day of September, 2018. /s/Annette Barnes City Clerk The motion was seconded by Councilman Wales 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