City Council

January 14, 2019 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 January 14, 2019, at 5:30 p.m. The meeting was called to order by Councilman Harold Wales, President of the Council. Upon roll call, the following were found to be present: Councilmembers Wayne Harper, Harold Wales, Frank Travis, Joseph Cannon and Chris Seibert. Mayor Marks led the Pledge of Allegiance and was joined by Jessi and Julia Bradford, twin daughters of City of Athens Building Inspector, Bert Bradford. Annette Barnes, City Clerk, was present and recorded the minutes of the meeting. Joseph Cannon 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 December 17, 2018 City Council Meeting had been submitted for approval. Councilman Cannon moved that the reading of the Minutes be suspended and that the Minutes be approved as recorded. The motion was seconded by Councilman Seibert and was unanimously carried. The Chairperson stated that the Minutes of the December 17, 2018 City Council Work Session Meeting had been submitted for approval. Councilman Cannon moved that the reading of the Minutes be suspended and that the Minutes be approved as recorded. The motion was seconded by Councilman Seibert and was unanimously carried. Mayor Marks introduced Mr. Rick Tate, Vice President of the North Alabama Human Trafficking Task Force and presented him with a proclamation declaring January as Human Trafficking Prevention Month. A public hearing was held to determine that a structure at 533 Brownsferry Street is unsafe and a public nuisance, and ordering abatement of same. At Councilman Travis’ request, City Building Inspector, Bert Bradford gave a brief explanation of the process for determining how structures are selected for demolition. With respect to the property at 533 Brownsferry Street, Mr. Bradford stated that no improvements had been made to the structure. Councilman Travis introduced the following resolution: RESOLUTION NUMBER 2019 - 1603 A RESOLUTION DETERMINING THAT A STRUCTURE AT 533 BROWNSFERRY 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: 533 Brownsferry Street, Athens, Alabama PARCEL # 10-03-08-2-003-030.000 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 this regular meeting, the City Council has conducted a public hearing concerning this matter, and has 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 has inadequate facilities for egress in case of fire or panic, or has insufficient stairways, elevators, fire escapes, or other means of ingress and egress to and from said building; (8) The building does not provide minimum safeguards to protect or warn occupants in the event of fire;  (9) 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; (10) The building is so damaged, decayed, dilapidated, structurally unsafe, or of such fault construction or unstable foundation that partial or complete collapse is possible; (11) The building has parts thereof which are so attached that they may fall and damage property or injure the public or the occupants; (12) The building, or any portion thereof, is clearly unsafe for its use or occupancy; (13) 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 (14) 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 January 14, 2019 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 this the 14th day of January, 2019. /s/ Harold Wales 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 14th day of January, 2019. Witness my hand and seal of office this 14th day of January, 2019. /s/Annette Barnes Annette Barnes, City Clerk The motion was seconded by Councilman Harper and was unanimously carried. A public hearing was held to vacate a certain public alleyway near Market Street Church of Christ. Public Works Director, James Rich, reported that the City’s Departmental Review Team had reviewed the request and that there are no issues related to utility lines, etc. that would present a problem with vacating the alley. Don Lauderdale, 301 North Houston Street, Athens, spoke in opposition to the City’s vacating the alley citing the alley provides the only ingress/egress from his residence, in the event both Houston and Market Streets are closed. Garry Barksdale, spoke on behalf of his mother, who lives at 506 West Market Street, Athens. He stated that this alley runs along the back of his mother’s property and he has had safety concerns in the past related to the foot traffic down the alley. He also inquired as to the ownership of the property in the event it is vacated and who would have the responsibility for maintaining it. Taz Morell, Morell Engineering, Athens, spoke in favor of the request to vacate. He stated that he has been working with the applicant, Market Street Church of Christ, and explained that the church intends to make improvements to the alley, if the request is granted. Councilman Harper stated that he would like to table the vote on this resolution until the next Council meeting, January 28, 2019, so that he can look into the ingress/egress issue that Mr. Lauderdale raised. The following resolution was made for introduction only by Councilman Harper and will be voted upon at the January 28, 2019 meeting: RESOLUTION NUMBER 2019 - _____________ A RESOLUTION VACATING A CERTAIN PUBLIC ALLEYWAY NEAR MARKET STREET CHURCH OF CHRIST _______________________________________________ WHEREAS, this resolution relates to a fifteen (15) foot wide public alleyway shown on the Map Showing Hendricks Subdivision of a Part of The Houston Place which is Lot 4 Block 67 according to the 1914 Map of Athens, Alabama, recorded at Plat Book A, Page 20 in the Office of the Judge of Probate of Limestone County, Alabama, and more particularly described as follows:  That certain fifteen (15) foot wide alleyway, running easterly and westerly along the northern boundaries of Lots 15A through 7A, with its western terminus at its intersection with Malone Street, and its eastern terminus at its intersection with a fifteen (15) foot alleyway running northerly and southerly. Said eastern terminus is also located at the northeast corner of Lot 7A and the southeastern corner of Lot 1A. All of the above reference points are as shown on the Map Showing Hendricks Subdivision of a Part of The Houston Place which is Lot 4 Block 67 according to the 1914 Map of Athens, Alabama, recorded at Plat Book A, Page 20 in the Office of the Judge of Probate of Limestone County, Alabama. This alleyway is also depicted on the Map of the David U. Patton Sub-Division of a Part of Lot 4, Block 67 According to the 1914 Map of Athens, Alabama, recorded at Plat Book B, Page 01 in the Office of the Judge of Probate of Limestone County, Alabama. (the “Public Way”); WHEREAS, for the aid of the reader, a depiction of the Public Way is shown on Exhibit A hereto, shaded for emphasis, and labelled as “15’ Alley’; WHEREAS, the Public Way is a paved and improved driveway; and WHEREAS, at the urging of the adjacent landowners to the alleyway, the City proposes to vacate the Public Way pursuant to § 23-4-1, et seq. of the Code of Alabama, and has published, posted, and served notice of the same as required by § 23-4-2 of the Code of Alabama; WHEREAS, the City Council held a public hearing concerning this matter at its regular meeting on January 14, 2019; WHEREAS, the City Council has determined that it is in the interest of the public that the Public Way should be vacated; WHEREAS, the following persons or entities (and/or their successors, heirs, and assigns) are the owners of all lots or parcels of land that abut the Public Way: Market Street Church of Christ Anthony L. Lewis and Cyndi C. Lewis Vada Nell Barksdale WHEREAS, the vacation of the Public Way will not cause any person to be cut off from access over some other reasonable and convenient way; WHEREAS, Athens Utilities may maintain any existing water, sewer, gas, and/or electrical lines within the Public Way, and the vacation of the Public Way, as explained herein, will not prevent Athens Utilities from accessing, maintaining, extending, and enlarging those lines to the same extent as if such vacation had not occurred; and WHEREAS, the vacation of the Public Way will not deprive other property owners of any right they may have to convenient and reasonable means of egress and ingress to and from their property.  THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA while in regular session on January 14, 2019 at 5:30 p.m., as follows: 1. The Public Way is hereby vacated upon the City Clerk’s filing of this Resolution with the Probate Court of Limestone County, and the City Council does thereupon divest itself of all public rights and liabilities therein in accordance with § 23-4-2(b) of the Code of Alabama. 2. The City Clerk shall cause a copy of this Resolution to be filed with the Probate Court of Limestone County. Such filing shall operate as a declaration of the governing body’s vacation and shall divest all public rights and liabilities, including any rights which may have been acquired by prescription, in the Public Way. 3. Title and all public rights in the Public Way shall vest in the abutting owners, to the extent and as provided for by law. 4. However, notwithstanding anything herein to the contrary, any entities (such as the City by and through Athens Utilities) with utility lines, equipment, or facilities in place at the time of vacation, shall have the right to continue to access, maintain, extend, and enlarge their lines, equipment, and facilities to the same extent as if the vacation of the Public Ways had not occurred. Moreover, such entities may continue to move across and along the vacated area to reach their lines, equipment, and facilities for the above purposes as if the vacation had not occurred. 5. The City Clerk shall cause notice of this action to be published once in the Athens News Courier no later than 14 days after the adoption of this Resolution. ADOPTED this the 14th day of January, 2019. __________________________________________ HAROLD WALES, CITY COUNCIL PRESIDENT __________________________________________ WILLIAM R. MARKS, MAYOR ATTEST: _______________________________________ ANNETTE BARNES, CITY CLERK 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 ______________, 2019. Witness my hand and seal of office this ___ day of __________________, 2019. ____________________________________ Annette Barnes, City Clerk  EXHIBIT A A public hearing was held concerning the rezoning of property for OSP Realty, LLC from a TN-2 Traditional Neighborhood 2 District to an INST, Institutional District located at 1603 West Hobbs Street. Public Works Director, James Rich, reported that the Planning Commission recommends City Council approval of the rezoning request. Councilman Cannon introduced the following ordinance: AN ORDINANCE TO REZONE PROPERTY FOR OSP REALTY, LLC. FROM A TN-2 TRADITIONAL NEIGHBORHOOD 2 DISTRICT TO AN INST INSTITUTIONAL DISTRICT. PROPERTY CONSISTS OF +/-1.39 ACRES LOCATED AT 1603 WEST HOBBS STREET, WITHIN THE COORPORATE LIMITS OF THE CITY OF ATHENS. STATE OF ALABAMA LIMESTONE COUNTY CITY OF ATHENS ORDINANCE NUMBER 2019 - 2062 WHEREAS, the Planning Commission of the City of Athens, Alabama, has made a recommendation to the City Council of the City of Athens, Alabama, that hereinafter described areas should be rezoned from a TN-2 Traditional Neighborhood 2 District to an INST Institutional District. The City Council of the City of Athens, Alabama, finds that “The Zoning Ordinance of the City of Athens, Alabama,” should be amended so as to rezone the hereinafter described area as “INST Institutional District”. NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA, as follows: That all of the hereinafter described area or real estate is hereby zoned “Institutional District” in accordance with and defined by “The Zoning Ordinance of the City of Athens, Alabama,” and that the area which is zoned as aforesaid is situated in Athens, Limestone County, Alabama, and is more particularly described as follows: Commencing at the Northwest Corner of the Northeast Quarter of Section 7, Township 3 South, Range 4 West, Limestone County, Alabama, thence run South 01°51’57” West at a distance of 30.00 feet to a found iron pin; Thence run South 88°08’03” East at a distance of 140.09 feet to a point, said point being the Point of Beginning. Thence from the Point of Beginning run South 88°08’03” East at a distance of 46.35 feet to a found iron pin; Thence run South 88°12’34” East at a distance of 93.02 feet to a found iron pin; Thence run South 00°03’58” East at a distance of 222.59 feet to a found iron pin; Thence run South 00°06’42” East at a distance of 211.81 feet to a found iron pin; Thence run North 88°27’57” West at a distance of 139.07 feet to a found iron pin; Thence run North 00°07’38” West at a distance of 435.10 feet and back to a found iron pin, also being the Point of Beginning. Said tract of land contains 1.39 acres, more or less. ADOPTED and APPROVED this, the 14th day of January, 2019. /s/ Harold Wales PRESIDENT, CITY COUNCIL, CITY OF ATHENS, ALABAMA /s/ William R. Marks MAYOR, CITY OF ATHENS, ALABAMA ATTEST: /s/ Annette Barnes CITY CLERK, CITY OF ATHENS, ALABAMA STATE OF ALABAMA ) LIMESTONE COUNTY ) CERTIFICATION OF CITY CLERK 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 14th day of January, 2019.  Witness my hand and seal of office this the 14th day of January, 2019. /s/Annette Barnes 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 Cannon 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. A public hearing was held concerning the rezoning of property for Old South Properties, Inc. from a TN-2, Traditional Neighborhood 2 District to an INST, Institutional District located to the west of 1603 West Hobbs Street. Public Works Director, James Rich, reported that the Planning Commission recommends City Council approval of the rezoning request. Councilman Cannon introduced the following ordinance: AN ORDINANCE TO REZONE PROPERTY FOR OLD SOUTH PROPERTIES, INC. FROM A TN-2 TRADITIONAL NEIGHBORHOOD 2 DISTRICT TO AN INST INSTITUTIONAL DISTRICT. PROPERTY CONSISTS OF +/-1.40 ACRES LOCATED TO THE WEST OF 1603 WEST HOBBS STREET, WITHIN THE COORPORATE LIMITS OF THE CITY OF ATHENS. STATE OF ALABAMA LIMESTONE COUNTY CITY OF ATHENS ORDINANCE NUMBER 2019 - 2063 WHEREAS, the Planning Commission of the City of Athens, Alabama, has made a recommendation to the City Council of the City of Athens, Alabama, that hereinafter described areas should be rezoned from a TN-2 Traditional Neighborhood 2 District to an INST Institutional District. The City Council of the City of Athens, Alabama, finds that “The Zoning Ordinance of the City of Athens, Alabama,” should be amended so as to rezone the hereinafter described area as “INST Institutional District”. NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA, as follows: That all of the hereinafter described area or real estate is hereby zoned “Institutional District” in accordance with and defined by “The Zoning Ordinance of the City of Athens, Alabama,” and that the area which is zoned as aforesaid is situated in Athens, Limestone County, Alabama, and is more particularly described as follows: Commencing at the Northwest Corner of the Northeast Quarter of Section 7, Township 3 South, Range 4 West, Limestone County, Alabama, thence run South 01°51’57” West at a distance of 30.00 feet to a found iron pin, also being the Point of Beginning. Thence from the Point of Beginning run South 88°08’03” East at a distance of 140.09 feet to a point; Thence run South 00°07’38” East at a distance of 435.10 feet to a point; Thence run North 88°27’57” West at a distance of 140.06 feet to a found iron pin; Thence run North 00°07’38” West at a distance of 435.91 feet and back to a found iron pin, the Point of Beginning. Said tract of land contains 1.40 acres, more or less. ADOPTED and APPROVED this, the 14th day of January, 2019. /s/ Harold Wales PRESIDENT, CITY COUNCIL, CITY OF ATHENS, ALABAMA /s/ William R. Marks MAYOR, CITY OF ATHENS, ALABAMA ATTEST: /s/ Annette Barnes CITY CLERK, CITY OF ATHENS, ALABAMA STATE OF ALABAMA ) LIMESTONE COUNTY ) CERTIFICATION OF CITY CLERK 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 14th day of January, 2019. Witness my hand and seal of office this the 14th day of January, 2019. /s/Annette Barnes 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 Harper, and upon the said motion being put to vote the following vote was recorded: YEAS: Councilmembers Seibert, Wales, Travis, Cannon and Harper; NAYS: None. The President thereupon declared that the motion for unanimous consent for immediate consideration of and action on the said ordinance had been unanimously carried. Councilmember Cannon thereupon moved that the ordinance be finally adopted, which motion was seconded by Councilmember Travis and upon the said motion being put to vote the following vote was recorded: YEAS: Councilmembers Seibert, Wales, Travis, Cannon and Harper; NAYS: None. The President thereupon announced that the motion for the adoption of the said ordinance had been unanimously carried. A public hearing was held concerning the rezoning of property for HBC Family, LLC from a B-1 Neighborhood Business District to a TB, Traditional Business District located at 210 West Elm Street. Public Works Director, James Rich, reported that the Planning Commission does not recommend City Council approval of the rezoning request. Billy Cannon, 23387 South Hine Street, Athens, spoke in favor of the rezoning, stating the request was submitted following the City Council recommendation to do so subsequent to the Council’s denial of an alcohol license by the lessor of the business located on this property. Councilman Seibert introduced the following ordinance: AN ORDINANCE TO REZONE PROPERTY FOR HBC FAMILY, LLC. FROM A B-1 NEIGHBORHOOD BUSINESS DISTRICT TO A TB TRADITIONAL BUSINESS DISTRICT. PROPERTY CONSISTS OF +/- 0.56 ACRES LOCATED ON THE NORTHEAST CORNER OF THE INTERSECTION OF JEFFERSON STREET AND ELM STREET AT 210 WEST ELM STREET, WITHIN THE COORPORATE LIMITS OF THE CITY OF ATHENS. STATE OF ALABAMA LIMESTONE COUNTY CITY OF ATHENS ORDINANCE NUMBER 2019 - 2064 WHEREAS, the Planning Commission of the City of Athens, Alabama, has made a recommendation to the City Council of the City of Athens, Alabama, that hereinafter described areas should not be rezoned from a B- 1Neighborhood Business District to a TB Traditional Business District. The City Council of the City of Athens, Alabama, finds that “The Zoning Ordinance of the City of Athens, Alabama,” should be amended so as to rezone the hereinafter described area as “Traditional Business”. NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA, as follows: That all of the hereinafter described area or real estate is hereby zoned “Traditional Business” in accordance with and defined by “The Zoning Ordinance of the City of Athens, Alabama,” and that the area which is zoned as aforesaid is situated in Athens, Limestone County, Alabama, and is more particularly described as follows: Lot Number One (1) of Block No. Three (3) in Free Canada, according to the 1897 Map of the City of Athens, Alabama, on file in the Office of the Judge of Probate of Limestone County, Alabama, in Plat Book “A”, Page No. 7, less and except a strip 160 feet in width taken evenly off of the East end thereof. Said Property is further described as the Northeast corner of the Intersection of Jefferson Street and Elm Street in the City of Athens, Alabama. ADOPTED and APPROVED this, the 14th day of January, 2019. /s/ Harold Wales PRESIDENT, CITY COUNCIL, CITY OF ATHENS, ALABAMA /s/ William R. Marks MAYOR, CITY OF ATHENS, ALABAMA ATTEST: /s/ Annette Barnes CITY CLERK, CITY OF ATHENS, ALABAMA STATE OF ALABAMA ) LIMESTONE COUNTY ) CERTIFICATION OF CITY CLERK 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 14th day of January, 2019. Witness my hand and seal of office this the 14th day of January, 2019. /s/Annette Barnes Annette Barnes, City Clerk Councilmember Harper moved that unanimous consent be given for immediate consideration of and action on said ordinance, which motion was seconded by Councilmember Travis, and upon the said motion being put to vote the following vote was recorded: YEAS: Councilmembers Seibert, Wales, Travis, Cannon and Harper; NAYS: None. The President thereupon declared that the motion for unanimous consent for immediate consideration of and action on the said ordinance had been unanimously carried. Councilmember Seibert thereupon moved that the ordinance be finally adopted, which motion was seconded by Councilmember Harper and upon the said motion being put to vote the following vote was recorded: YEAS: Councilmembers Seibert, Wales, Travis, and Harper; NAYS: None; Councilman Cannon abstained. The President thereupon announced that the motion for the adoption of the said ordinance had been unanimously carried. A public hearing was held concerning the rezoning of property for Piney Creek, LLC from a previously Unzoned District to an R-1-3, High Density Single Family Residential District located at the northwest corner of the intersection of Cambridge Lane and Newby Road. Public Works Director, James Rich, reported that the Planning Commission recommends City Council approval of the rezoning request. Councilman Travis introduced the following ordinance: AN ORDINANCE TO REZONE PROPERTY FOR PINEY CREEK, LLC. FROM A PREVIOUSLY UNZONED DISTRICT TO AN R-1-3 HIGH DENSITY SINGLE FAMILY RESIDENTIAL DISTRICT. PROPERTY CONSISTS OF +/-305.38 ACRES LOCATED AT THE NORTHWEST CORNER OF THE INTERSECTION OF CAMBRIDGE LANE AND NEWBY ROAD, WITHIN THE COORPORATE LIMITS OF THE CITY OF ATHENS. STATE OF ALABAMA LIMESTONE COUNTY CITY OF ATHENS ORDINANCE NUMBER 2019 - 2065 WHEREAS, the Planning Commission of the City of Athens, Alabama, has made a recommendation to the City Council of the City of Athens, Alabama, that hereinafter described areas should be rezoned from a previously unzoned district to an R-1-3 High Density Single Family Residential District. The City Council of the City of Athens, Alabama, finds that “The Zoning Ordinance of the City of Athens, Alabama,” should be amended so as to rezone the hereinafter described area as “R-1-3 High Density Single Family Residential District”. NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA, as follows: That all of the hereinafter described area or real estate is hereby zoned “R-1-3 High Density Single Family Residential District” in accordance with and defined by “The Zoning Ordinance of the City of Athens, Alabama,” and that the area which is zoned as aforesaid is situated in Athens, Limestone County, Alabama, and is more particularly described as follows: A tract of land lying in the South One-half of Section 25, Township 3 South, Range 4 West, and being more particularly described as follows and as recorded in Map book 2007 page 27901 on April 24, 2007, Commence at an existing railroad spike at the Northeast corner of the South One-half of Section 25, Township 3 South, Range 4 West, thence North 88 degrees 48 minutes 03 seconds West a distance of 30.00 feet to a point on the west right-of-way of Cambridge Lane, thence South 01 degrees 00 minutes 10 seconds West along the west right-of-way of said Cambridge Lane a distance of 5.00 feet to a set 5/8" rebar with cap stamped "Dunivant Engr. Co. CA-0044-LS", said 5/8" rebar being the Point of True Beginning of the tract herein described, Thence from the Point of True Beginning South 01 degrees 00 minutes 10 seconds West along the west right-of-way of said Cambridge Lane a distance of 2653.07 feet to an existing 5/8" rebar with cap stamped "Ronnie G. Coffman RLS l5455", said 5/8" rebar being on the south boundary of said Section 25, Thence North 88 degrees 26 minutes 13 seconds West along the south boundary of said Section 25 a distance of 5334.89 feet to an existing 1 ½" pipe at the Southwest corner of said Section 25, Thence North 01 degrees 29 minutes 19 seconds East along the west boundary of said Section 25 a distance of 2418.29 feet to an existing 5/8" rebar with cap stamped "Dunivant Engr. Co. CA-0044-LS" in the centerline of a ditch, Thence along the centerline of said ditch the following bearings and distances to a set 5/8" rebar with cap stamped "Dunivant Engr. Co. CA-0044-LS": South 47 degrees 12 minutes 29 seconds East a distance of 93.14 feet, South 37 degrees 47 minutes 02 seconds East a distance of 245.59 feet, South 45 degrees 35 minutes 24 seconds East a distance of 79.20 feet, South 62 degrees 32 minutes 31 seconds East a distance of 113.39 feet,  South 87 degrees 16 minutes 56 seconds East a distance of 91.26 feet, North 56 degrees 41 minutes 49 seconds East a distance of 202.69 feet, South 85 degrees 31 minutes 00 seconds East a distance of 127.36 feet, South 33 degrees 40 minutes 12 seconds East a distance of 56.64 feet, Thence leaving said ditch, South 89 degrees 52 minutes 28 seconds East a distance of 739.66 feet to a point in the centerline of Piney Creek, passing a set 5/8" rebar with cap stamped "Dunivant Engr. Co. CA-0044-LS" on the west bank of said Piney Creek, being a witness corner, at a distance of 704.66 feet, Thence along the centerline of said Piney Creek the following bearings and distances, North 00 degrees 01 minutes 01 seconds West a distance of 173.61 feet to a point., North 04 degrees 45 minutes 47 seconds East a distance of 115.00 feet to a point, North 09 degrees 43 minutes 20 seconds East a distance of 100.00 feet to a point, North 21 degrees 15 minutes 44 seconds East a distance of 110.00 feet to a point on the north boundary of said Section 25, · Thence South 88 degrees 48 minutes 03 seconds East along the north boundary of the south one-half of said Section 25 a distance of 75.68 feet a set 5/8" rebar with cap stamped "Dunivant Engr. Co. CA-0044-LS", Thence South 01 degrees 11 minutes 57 seconds West a distance of 50.00 feet to a set 5/8" rebar with cap stamped "Dunivant Engr. Co. CA-0044-LS", Thence South 88 degrees 48 minutes 03 seconds East a distance of 50.00 feet to a set 5/8" rebar with cap stamped "Dunivant Engr. Co. CA-0044-LS", Thence North 01 degrees 11 minutes 57 seconds East a distance of 45.00 feet to a point, said point being South 01 degrees 11 minutes 57 seconds West a distance of 5.00 feet from an existing 5/8" rebar with cap stamped "Dunivant Engr. Co. CA-0044- LS" on the north boundary of the south one-half of said Section 25, Thence South 88 degrees 48 minutes 03 seconds East, being 5.00 feet south of and parallel with the north boundary of the south one-half of said Section 25, a distance of 3590.87 feet to the Point of True Beginning and containing 305.38 acres, more or less. SUBJECT TO: A 20.00 foot Ingress and Egress Easement along a portion of the north boundary of the above described Tract, said easement lying 20.00 feet south of and adjoining the following described line, Commence at a set 5/8" rebar with cap stamped "Dunivant Engr. Co. CA-0044- LS" at the northeast corner of the above described tract, said 5/8" rebar being the Point of True Beginning of the following described line, thence North 88 degrees 48 minute 03 seconds West, being 5.00 feet south of and parallel with the north boundary of the south one-half of said Section 25, a distance of 3590.87 feet to a point, said point being the terminus point of the above described Ingress and Egress Easement. ALSO SUBJECT TO: A 25.00 foot Utility Easement along a portion of the north boundary of the above described Tract, said easement lying 25.00 feet south of and adjoining the following described line,  Commence at a point where the north boundary of the above described tract intersects the centerline of Piney Creek, said point being the Point of True Beginning of the following described line, thence South 88 degrees 48 minute 03 seconds East a distance of 75.68 feet to a set 5/8" rebar with cap stamped "Dunivant Engr. Co. CA- 0044-LS", said 5/8" rebar being the terminus point of the above described Utility Easement. According to a survey prepared by Dunivant Engineering Company, Inc. dated October 5, 2005. ADOPTED and APPROVED this, the 14th day of January, 2019. /s/ Harold Wales PRESIDENT, CITY COUNCIL, CITY OF ATHENS, ALABAMA /s/ William R. Marks MAYOR, CITY OF ATHENS, ALABAMA ATTEST: /s/ Annette Barnes CITY CLERK, CITY OF ATHENS, ALABAMA STATE OF ALABAMA ) LIMESTONE COUNTY ) CERTIFICATION OF CITY CLERK 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 14th day of January, 2019. Witness my hand and seal of office this the 14th day of January, 2019. /s/Annette Barnes Annette Barnes, City Clerk Councilmember Cannon moved that unanimous consent be given for immediate consideration of and action on said ordinance, which motion was seconded by Councilmember Harper, and upon the said motion being put to vote the following vote was recorded: YEAS: Councilmembers Seibert, Wales, Travis, Cannon and Harper; NAYS: None. The President thereupon declared that the motion for unanimous consent for immediate consideration of and action on the said ordinance had been unanimously carried. Councilmember Travis thereupon moved that the ordinance be finally adopted, which motion was seconded by Councilmember 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. A public hearing was held concerning the rezoning of property for Mark Wilson from an R-1-3, High Density Residential District and B-1 Neighborhood Business District to a TB, Traditional Business District located at 18042 N Jefferson Street, directly north of 108 East Elm Street West, directly north of 100 Elm Street West, and directly north of 18042 N. Jefferson Street. Public Works Director, James Rich, reported that the Planning Commission does not recommend City Council approval of the rezoning request, citing the failure of the property to meet the parameters required for a traditional business district. Councilman Harper introduced the following ordinance: AN ORDINANCE TO REZONE PROPERTY FOR MARK WILSON FROM AN R-1-3 HIGH DENSITY RESIDENTIAL DISTRICT AND B-1 NEIGHBORHOOD BUSINESS DISTRICT TO A TB TRADITIONAL BUSINESS DISTRICT. PROPERTY CONSISTS OF 4 TRACTS OF PROPERTY TOTALING +/- 2.249 ACRES LOCATED AT 18042 N. JEFFERSON STREET, DIRECTLY NORTH OF 108 ELM STREET WEST, DIRECTLY NORTH OF 100 ELM STREET WEST, AND DIRECTLY NORTH OF 18042 N. JEFFERSON STREET, WITHIN THE COORPORATE LIMITS OF THE CITY OF ATHENS. STATE OF ALABAMA LIMESTONE COUNTY CITY OF ATHENS ORDINANCE NUMBER 2019 - 2066 WHEREAS, the Planning Commission of the City of Athens, Alabama, has made a recommendation to the City Council of the City of Athens, Alabama, that hereinafter described areas should not be rezoned from an R-1-3 High Density Residential Business District and a B-1 Neighborhood District to a TB Traditional Business District. The City Council of the City of Athens, Alabama, finds that “The Zoning Ordinance of the City of Athens, Alabama,” should be amended so as to rezone the hereinafter described area as “Traditional Business”. NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA, as follows: That all of the hereinafter described area or real estate is hereby zoned “Traditional Business” in accordance with and defined by “The Zoning Ordinance of the City of Athens, Alabama,” and that the area which is zoned as aforesaid is situated in Athens, Limestone County, Alabama, and is more particularly described as follows: Property is a portion of Blocks 2 and 3 of Free Canada, which is shown on the 1897 Henderson & Carter Map of Athens. This property is also is located in Section 32 of Township 2 South, Range 4 West, of the Huntsville Meridian in Limestone County, Alabama. More particularly described as: Beginning at the intersection of Jefferson Street (Alabama Highway 127) and Elm Street (Alabama Highway 99), this point’s coordinate is at Easting 2,127,038.0 feet Northing 1,753,780.3 feet on the Alabama State Plain West NAD83 Datum. Thence North 02 degrees 46 minutes 12 seconds West along the centerline of Jefferson Street (Alabama Highway 127) a distance of 117.0 feet to the Point of Beginning: Continue thence North 02 degrees 46 minutes 12 seconds West continuing along the centerline of Jefferson Street (Alabama Highway 127) a distance of 205.7 feet to a point; thence South 89 degrees 10 minutes 33 seconds East a distance of 383.2 feet to a point on an undeveloped alley; thence South 01 degree 33 minutes 43 seconds West along the centerline of the undeveloped alley a distance of 51.9 feet to a point; thence South 87 degrees 29 minutes 38 seconds East a distance of 74.2 feet to a point; thence South 01 degree 21 minutes 17 seconds West a distance of 142.2 feet to a point; thence North 88 degrees 36 minutes 11 seconds West a distance of 71.1 feet to a point on an undeveloped alley; thence North 01 degree 03 minutes 40 seconds East along the centerline of the undeveloped alley a distance of 93.6 feet to a point; thence North 89 degrees 26 minutes 18 seconds West a distance of 176.8 feet to a point; thence South 00 degrees 40 minutes 13 seconds West a distance of 97.7 feet to a point; thence South 89 degrees 23 minutes 36 seconds West a distance of 195.3 feet returning to the Point of Beginning, containing 1.589 acres, more or less. AND ALSO, property that is a portion of Lot 2 of Block 2 of Free Canada, which is shown on the 1897 Henderson & Carter Map of Athens, shown as parcel 34 on the map and more particularly described as: Commencing at an existing railroad spike at the Southeast Corner of said Section 32; Thence North 90 degrees 00 minutes 00 seconds West along the South boundary of said Section 32 for a distance of 1227.84 feet to a point on the West Right-of-Way Margin of the CSX Railroad; Thence North 03 degrees 04 minutes 01 seconds West along the West Right-of-Way Margin of said CSX Railroad, being 50 foot West of and parallel with the centerline of track, for a distance of 127.0 feet to the POINT OF BEGINNING of the herein described property; Thence from Point-of-Beginning, continue North 03 degrees 04 minutes 01 seconds West along the West Right- of-Way Margin of the CSX Railroad and the West Right-of-Way Margin of an unnamed city street, being 50 foot West of and parallel with the centerline of track, for a distance of 150.0 feet to a point; Thence North 90 degrees 00 minutes 00 seconds West for a distance of 192.0 feet to a point; Thence South 03 degrees 04 minutes 01 seconds East for a distance of 150.0 feet to a point; Thence South 90 degrees 00 minutes 00 seconds East for a distance of 192.0 feet returning to the Point-of-Beginning, containing 0.66 acres, more or less. ADOPTED and APPROVED this, the 14th day of January, 2019. /s/ Harold Wales PRESIDENT, CITY COUNCIL, CITY OF ATHENS, ALABAMA /s/ William R. Marks MAYOR, CITY OF ATHENS, ALABAMA ATTEST: /s/ Annette Barnes CITY CLERK, CITY OF ATHENS, ALABAMA STATE OF ALABAMA ) LIMESTONE COUNTY ) CERTIFICATION OF CITY CLERK 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 14th day of January, 2019. Witness my hand and seal of office this the 14th day of January, 2019. /s/Annette Barnes Annette Barnes, City Clerk Councilmember Travis moved that unanimous consent be given for immediate consideration of and action on said ordinance, which motion was seconded by Councilmember Harper, and upon the said motion being put to vote the following vote was recorded: YEAS: Councilmembers Seibert, Wales, Travis, Cannon and Harper; NAYS: None. The President thereupon declared that the motion for unanimous consent for immediate consideration of and action on the said ordinance had been unanimously carried. Councilmember Harper thereupon moved that the ordinance be finally adopted, which motion was seconded by Councilmember Travis and upon the said motion being put to vote the following vote was recorded: YEAS: Councilmembers Seibert, Wales, Travis, Cannon and Harper; NAYS: None. The President thereupon announced that the motion for the adoption of the said ordinance had been unanimously carried. Councilman Seibert introduced the following resolution: RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA, to approve travel/education expenses for the following personnel from the Information Technology Department.  Seth Siniard Mileage $ 248.85 September 3, 2018 – December 28, 2018 Lisa LaGrone Mileage $ 226.80 September 1, 2018 – December 31, 2018 The motion was seconded by Councilman Cannon and was unanimously carried. Councilman Seibert introduced the following resolution: RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, AL to approve the purchase, installation and configuration of upgrades to the City’s virtual storage, VMware software and Windows Data Center Licenses at a cost NTE $45,191. The purchase will be made from TSA through the City’s membership in the North Alabama Cooperative Purchasing Association and will be funded through a 50% split between Athens Utilities and the existing General Fund Information Technology Capital Account. The motion was seconded by Councilman Cannon 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 following applicant for a “Special Events Retail of Premises Consumption” alcohol license. The motion was seconded by Councilman Cannon 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 authorize the Mayor to contract with Nixle to provide text and email alerts to the community regarding issues such as road closures, power outages, Amber alerts, weather notices, etc., at a cost of $4,650.00 per year for three years with a one-time set-up fee of $372.00. The Council further authorizes the Finance Director to divide the cost of this public service between the general fund and utility departments. Councilmember Cannon moved that unanimous consent be given for immediate consideration of and action on said resolution, which motion was seconded by Councilmember Harper, and upon the said motion being put to vote the following vote was recorded: YEAS: Councilmembers Seibert, Wales, Travis, Cannon and Harper; NAYS: None. The President thereupon declared that the motion for unanimous consent for immediate consideration of and action on the said resolution had been unanimously carried. Councilmember Seibert 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, Travis, Cannon and Harper; NAYS: None. The President thereupon announced that the motion for the adoption of the said resolution had been unanimously carried. Councilman Travis introduced the following resolution: RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA, to accept the quotation of $10,000 from Drop Metal Company for the purchase of a Lightbulb Sculpture to be used as part of the City of Athens statewide bicentennial celebration. Councilmember Cannon moved that unanimous consent be given for immediate consideration of and action on said resolution, which motion was seconded by Councilmember Harper, and upon the said motion being put to vote the following vote was recorded: YEAS: Councilmembers Seibert, Wales, Travis, Cannon and Harper; NAYS: None. The President thereupon declared that the motion for unanimous consent for immediate consideration of and action on the said resolution had been unanimously carried. Councilmember Travis thereupon moved that the resolution be finally adopted, which motion was seconded by Councilmember Harper and upon the said motion being put to vote the following vote was recorded: YEAS: Councilmembers Seibert, Wales, Travis, Cannon and Harper; NAYS: None. The President thereupon announced that the motion for the adoption of the said resolution had been unanimously carried. Councilman Cannon introduced the following resolution: RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF ATHENS, ALABAMA, to reorganize the Human Resources Department in accordance with the attached organizational chart, which includes the following 3 positions:  Director of Human Resources  Employment/Benefits Coordinator  HR Generalist The motion was seconded by Councilman Seibert and was unanimously carried. Councilman Cannon introduced the following resolution: RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF ATHENS, ALABAMA, to adopt the following new job descriptions for the Human Resources Department:  HR Generalist, Grade 8, Job description prepared 10/18/2018 The motion was seconded by Councilman Seibert and was unanimously carried. Councilman Cannon introduced the following ordinance: ORDINANCE NUMBER 2019 - 2067 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: 1/14/2019. Add the following job title to the list of classified positions for the HR Department: (1) HR Generalist, Grade 8 ADOPTED and APPROVED this, the 14th day of January, 2019. /s/ Harold Wales PRESIDENT, CITY COUNCIL, CITY OF ATHENS, ALABAMA /s/ William R. Marks MAYOR, CITY OF ATHENS, ALABAMA ATTEST: /s/ Annette Barnes CITY CLERK, CITY OF ATHENS, ALABAMA STATE OF ALABAMA) LIMESTONE COUNTY) I, Annette Barnes, City Clerk of the City of Athens, Alabama, do hereby certify that the above and foregoing is a true and correct copy of the Ordinance duly adopted by the City Council of the City of Athens, Alabama on the 14th day of January, 2019. Witness my hand and seal of office this the 14th day of January, 2019. /s/ 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 Cannon 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 Cannon introduced the following resolution: RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA, to authorize the Public Works Director to place an order for a commercial front loader garbage truck at a cost not to exceed $269,300. This equipment will be purchased from Ingram Equipment Company through the City’s membership in the NJPA. The total purchase will be funded from the General Fund fiscal year 2018 surplus. Councilmember Seibert moved that unanimous consent be given for immediate consideration of and action on said resolution, 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 resolution had been unanimously carried. Councilmember Cannon thereupon moved that the resolution be finally adopted, which motion was seconded by Councilmember Harper and upon the said motion being put to vote the following vote was recorded: YEAS: Councilmembers Seibert, Wales, Travis, Cannon and Harper; NAYS: None. The President thereupon announced that the motion for the adoption of the said resolution had been unanimously carried. The following ordinance was made for introduction only by Councilman Harper and will be voted upon at the January 28, 2019 meeting: ORDINANCE NO. 2019- ________ AN ORDINANCE TO RESTRICT THE RETAIL SALE OF DOGS AND CATS TO ONLY THOSE THAT ARE SOURCED FROM SHELTERS OR RESCUE ORGANIZATIONS _____________________________________________________________________ WHEREAS, a significant number of puppies and kittens sold at pet shops come from large-scale, commercial breeding facilities where the health and welfare of the animals are not adequately provided for (“puppy mills” and “kitten mills,” respectively). According to The Humane Society of the United States, it is estimated that 10,000 puppy mills produce more than 2,400,000 puppies a year in the United States and that most pet shop dogs and cats come from puppy mills and kitten mills;  WHEREAS, the documented abuses endemic to puppy and kitten mills include over-breeding; inbreeding; minimal to non-existent veterinary care; lack of adequate and nutritious food, water and shelter; lack of socialization; lack of adequate space; and lack of adequate exercise; WHEREAS, the inhumane conditions in puppy and kitten mill facilities lead to health and behavioral issues in the animals bred in those facilities, which many consumers are unaware of when purchasing animals from pet shops due to both a lack of education on the issue and misleading tactics of pet shops in some cases. These health and behavioral issues, which may not present themselves until sometime after the purchase of the animals, can impose exorbitant financial and emotional costs on consumers; WHEREAS, current federal, state and city regulations do not properly address the sale of puppy and kitten mill dogs and cats in pet shops; WHEREAS, restricting the retail sale of puppies and kittens to only those that are sourced from shelters or rescue organizations is likely to decrease the demand for puppies and kittens bred in puppy and kitten mills, and is likely to increase demand for animals from animal shelters and rescue organizations; WHEREAS, significant numbers of animals are euthanized in Athens, and restricting the retail sale of puppies and kittens to only those that are sourced from animal shelters and rescue organizations will likely reduce pet populations and thus the burden on the City of Athens, including financial costs on local taxpayers; WHEREAS, across the country, thousands of independent pet shops as well as large chains operate profitably with a business model focused on the sale of pet services and supplies and not on the sale of dogs and cats. Many of these shops collaborate with local animal shelters and rescue organizations to offer space and support for showcasing adoptable homeless pets on their premises; WHEREAS, this Ordinance will not affect a consumer’s ability to obtain a dog or cat of his or her choice directly from a breed-specific rescue organization or a shelter, or from a hobby breeder where the consumer can see directly the conditions in which the dogs or cats are bred or can confer directly with the hobby breeder concerning those conditions; WHEREAS, the City Council believes it is in the best interests of this City to adopt reasonable regulations to reduce costs to the City and its residents, protect the citizens of the City who may purchase cats or dogs from a pet shop or other business establishment, help prevent inhumane breeding conditions, promote community awareness of animal welfare, and foster a more humane environment in the City; and WHEREAS, the City Council is empowered to adopt this Ordinance pursuant to § 11-45-1 and § 11- 47-110 of the Code of Alabama, as well as other legal authority.  THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA, while in regular session on ____________ __, 2019, at 5:30 p.m., as follows: Section 1. Article 3 of Chapter 10 of the Code of Ordinances of the City of Athens (Animals and Fowl) is hereby amended to add the following section: Sec. 10-79. Sale of Dogs and Cats by Pet Shops. (a) Definitions. For purposes of this section, the following terms have the following definitions: (1) Animal care facility means an animal control center or animal shelter, maintained by or under contract with any state, county, or municipality, whose mission and practice is, in whole or significant part, the deposit and confinement of animals, or the rescue and placement of animals in permanent homes or rescue organizations, and which does not obtain animals from a breeder or broker for profit or compensation. (2) Animal rescue organization means any not-for-profit organization which has tax- exempt status under Section 501(c)(3) of the United States Internal Revenue Code, whose mission and practice is, in whole or in significant part, the rescue and placement of animals in permanent homes, and which does not obtain animals from a breeder or broker for profit or compensation. (3) Offer for sale means to sell, offer for sale or adoption, advertise for the sale of, barter, auction, give away or otherwise dispose of a dog or cat. (4) Pet shop means a retail establishment where dogs and cats are sold, exchanged, bartered or offered for sale as pet animals to the general public at retail. Such definition shall not include an animal care facility or animal rescue organization, as defined. (b) Restrictions on the Sale of Animals. (1) A pet shop may offer for sale only those dogs and cats that the pet shop has obtained from or displays in cooperation with: (i) An animal care facility; or (ii) An animal rescue organization. (2) A pet shop shall not offer for sale a dog or cat that is younger than eight weeks old. (c) Record Keeping and Disclosure. A pet shop shall maintain records stating the name and address of the organization (animal care facility or animal rescue organization) from which each cat or dog was obtained from for at least two years following the date of acquisition. Such records shall be made available, immediately upon request, to the City of Athens and submitted annually, and no later than May 1 of each year, to the City Clerk. Each pet shop shall display on each cage a label stating the name and address of the organization of each animal kept in the cage. 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 Ordinance are declared to be severable. Section 3. No other provisions of the Code of Ordinances of the City of Athens 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. Section 5. This Ordinance shall go into effect upon its publication. ADOPTED this the ______ day of ___________________, 2019. __________________________________________ HAROLD WALES, CITY COUNCIL PRESIDENT __________________________________________ WILLIAM R. MARKS, MAYOR ATTEST: _______________________________________ ANNETTE BARNES, CITY CLERK 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 ____ day of _____________, 2019. Witness my hand and seal of office this the ____ day of _________________, 2019. ___________________________________ Annette Barnes, City Clerk * * * There being no further business to come before the meeting, Council President Wales asked if there were any objections to adjourning the meeting. There being none, the meeting was duly and properly adjourned. /s/ Harold Wales PRESIDENT, CITY COUNCIL ATTEST: /s/ Annette Barnes CITY CLERK