City Council

December 9, 2019 STATE OF ALABAMA, LIMESTONE COUNTY, CITY OF ATHENS. NOTE: On November 25, 2019, at 4:30 p.m., in advance of the work session and regular session of the Athens City Council, representatives of the City of Athens, including City Attorney Shane Black, met in the City Council Chambers at Athens Municipal Building, 200 Hobbs Street West in Athens, Alabama, to discuss the Resolution related to Indorama Ventures Sustainable Solutions, LLC with any interested persons. No persons appeared for such discussion, and it was announced that the City Council would take up the matter again during its regular meeting. The City Council of the City of Athens, Alabama met in regular session at the Athens Municipal Building, 200 Hobbs Street West in Athens, Alabama, on December 9, 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 Harold Wales, Wayne Harper, Frank Travis and Chris Seibert. Mayor Marks led the Pledge of Allegiance. Annette Barnes, City Clerk, was present and recorded the minutes of the meeting. Wayne Harper offered the invocation. The Chairperson stated that a quorum was present and that the meeting was open for transaction of business. The Chairperson stated that the Minutes of the November 25, 2019 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 Seibert and was unanimously carried. The Chairperson stated that the Minutes of the November 25, 2019 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 Seibert and was unanimously carried. Mayor Marks introduced Bernard Simelton with the local chapter of the NAACP. In recognition of the 64th anniversary of Rosa Parks’ refusal to give up her seat to a white passenger on a Montgomery bus on December 1, 1955, an event which sparked the Montgomery bus boycott of 1956, Mr. Simelton gave a brief history of Ms. Parks’ life and the impact it had on the civil rights movement. A public hearing was held to hear comments concerning the sale of alcohol in the city limits of Athens by Sabor Latino Taqueria, 100 Hwy 31 South, Ste. M. No one spoke in favor of or against. James Lucas, 704 Lucas Street, Athens, addressed the Council regarding the relocation of Jimmy Gill Park and requested the Council to not put this project on the back burner. John Davis, 16659 Linton Road, Athens, spoke in opposition to the Council’s intent to reduce the appropriation to the Athens-Limestone Public Library. Kelly Range, 303 Brookwood Drive, Athens, also voiced his opposition to the Library funding cuts. Kenneth Hines, 26257 Pepper Road, Athens, also spoke in support of the Library and expressed his opposition to decreasing the Library’s appropriation. Scott Marshall, 410 East Washington Street, Athens, asked the Council to publicly address its reasons for not filling the vacancy left by former Councilman Cannon. He urged the Council to reconsider the decision to leave the seat vacant until the next election, which is still nine months away. 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 “Off Premises Beer & Wine,” alcohol license. Business Name: Del Sur Market Address: 800 Hwy 72 Ste. F Athens, AL 35611 The motion was seconded by Councilman Seibert and was unanimously carried. Councilman Harper introduced the following resolution: RESOLUTION NUMBER 2019 - 1648 A RESOLUTION CONCERNING 2019-20 MUNICIPAL APPROPRIATIONS FOR VARIOUS GOVERNMENTAL AGENCIES AND PURPOSES _______________________________________________ WHEREAS, by this Resolution, the City Council of the City of Athens appropriates various funds for governmental purposes and governmental entities who serve various public purposes benefitting the citizens of Athens; and WHEREAS, the City Council finds that action on each of the items listed below serves a valuable public purpose that has for its objective the promotion of public health, safety, morals, security, prosperity, contentment, and/or the general welfare of the community. THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA on December 9, 2019 at 5:30 p.m., as follows: 1. The Mayor or City Clerk is directed to appropriate $ 100,000 to the Athens Limestone Public Library, to assist in funding its operating expenses. The Mayor/City Clerk is authorized to release said funds at his discretion. 2. The Mayor or City Clerk is directed to appropriate $ 18,000 to the Houston Memorial Library, to assist in funding its operating expenses. The Mayor/City Clerk is authorized to release said funds at his discretion. The Mayor or City Clerk is further authorized to expend up to $ 10,000 in connection with the maintenance of the public library and museum. 3. The Mayor or City Clerk is directed to appropriate $ 15,000 to the Healthcare Authority of Athens & Limestone County, to assist in funding its operation of a transportation program available to city residents in need of kidney dialysis treatment. The Mayor/City Clerk is authorized to release said funds at his discretion. ADOPTED and APPROVED this, the 9th day of December, 2019. /s/ Harold Wales PRESIDENT, CITY COUNCIL, CITY OF ATHENS, ALABAMA The motion was seconded by Councilman Seibert and was unanimously carried. Councilman Seibert introduced the following resolution: RESOLUTION NUMBER 2019 - 1649 A RESOLUTION CONCERNING 2019-20 MUNICIPAL APPROPRIATIONS/CONTRACTS AND THIRD PARTY NON-GOVERNMENTAL ENTITIES _______________________________________________  WHEREAS, by this Resolution, the City Council of the City of Athens appropriates various funds, through contracts, to non-governmental entities who serve various public purposes benefitting the citizens of Athens; WHEREAS, the City of Athens is authorized by law to establish, operate, maintain, or contract with others to operate and maintain public cultural facilities consisting of museums, libraries, art galleries, art centers, music halls, and related facilities, all to the end of making cultural facilities available to the public, pursuant to § 11-47-16 and § 11-90-1 of the Code of Alabama, and other authorities; WHEREAS, the City of Athens is authorized by law to provide music, tournaments, shows, educational activities, recreational activities, and other exhibitions for the amusement of the inhabitants of the City; and to plan, establish, and furnish recreational, social and cultural facilities, services and programs, including transportation services and programs (especially for senior citizens), pursuant to § 11-47-19 and § 11-80-5 of the Code of Alabama, and other authorities; WHEREAS, the City of Athens is authorized by law to promote the economic and industrial development of the municipality; to develop, advertise, and promote the resources of the municipality; and to advertise the municipality and any function or undertaking of the municipality, pursuant to § 11-47-9 and § 11-47-11 of the Code of Alabama, and other authorities; WHEREAS, the City of Athens is authorized by law to maintain the health and cleanliness and the City; and improve its public parks, grounds, and boulevards, pursuant to § 11-47-130 and § 11-47-19 of the Code of Alabama, and other authorities; WHEREAS, the City of Athens is authorized by law to safeguard the public health and promote sanitation within the corporate limits of the municipality; to make appropriations for public health work; and to make appropriations to aid hospitals, rehabilitation centers, and other related health care institutions in maintaining and taking care of the sick and wounded, pursuant to § 22-3-11 and § 22-21-2 of the Code of Alabama, and other authorities; WHEREAS, the City of Athens is authorized to adopt measures to provide for the safety, preserve the health, promote the prosperity, and improve the morals, order, comfort and convenience of the inhabitants of the City; and WHEREAS, the City Council finds that action on each of the items listed below serves a valuable public purpose that has for its objective the promotion of public health, safety, morals, security, prosperity, contentment, and/or the general welfare of the community. THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA on December 9, 2019 at 5:30 p.m., as follows: 1. The Mayor or City Clerk is directed to enter into a contract with Dr. Robert Pitman, D.V.M., an independent contractor, acting as the coordinator of the “SNYP” program, in such form and manner that is acceptable to the same, and, further, that the City will pay up to $ 5,000 in furtherance of the “SNYP” program, a program for the sterilization of the cats and dogs within Limestone County, Alabama. Thereafter, the Mayor/City Clerk is authorized to release said funds at his discretion. 2. The Mayor or City Clerk is directed to enter into a contract with the Boys & Girls Clubs of North Alabama, in such form and manner that is acceptable to the same, whereby the City will pay $20,000 as an appropriation in exchange for the planning, establishment, and furnishing of recreational, social and cultural facilities, services and programs made available and open to the youth of the City. Thereafter, the Mayor/City Clerk is authorized to release said funds at his discretion. 3. The Mayor or City Clerk is directed to enter into a contract with the Athens Limestone County Tourism Association, Inc., in such form and manner that is acceptable to the same, whereby the City will pay $ 87,000 as an appropriation in exchange for activities promoting the economic and industrial development of the municipality; developing, advertising, and promoting the resources of the municipality; and advertising the municipality and functions or undertakings of the municipality both within and without the corporate limits. Thereafter, the Mayor/City Clerk is authorized to release said funds at his discretion. 4. The Mayor or City Clerk is directed to enter into a contract with the Athens Limestone County Beautification Board, in such form and manner that is acceptable to the same, whereby the City will pay $ 5,000 as an appropriation in exchange for maintaining the health and cleanliness of the City; and improving its public parks, grounds, and boulevards. Thereafter, the Mayor/City Clerk is authorized to release said funds at his discretion. 5. The Mayor or City Clerk is directed to enter into a contract with Keep Athens Limestone Beautiful (KALB), in such form and manner that is acceptable to the same, whereby the City will pay $25,000 as an appropriation in exchange for maintaining the health and cleanliness of the City; and improving its public parks, grounds, and boulevards. Thereafter, the Mayor/City Clerk is authorized to release said funds at his discretion. 6. The Mayor or City Clerk is directed to enter into a contract with the Athens-Limestone County Family Resource Center, in such form and manner that is acceptable to the same, whereby the City will pay $ 18,000 as an appropriation that is intended to assist in funding its operation of educational activities, recreational activities, social services and programs open to all city residents. Thereafter, the Mayor/City Clerk is authorized to release said funds at his discretion. 7. The Mayor or City Clerk is directed to enter into a contract with the Athens-Limestone Learn-To-Read, in such form and manner that is acceptable to the same, whereby the City will pay $8,000 as an appropriation that is intended to assist in funding its operation of educational activities programs open to all city residents. Thereafter, the Mayor/City Clerk is authorized to release said funds at his discretion. 8. The Mayor or City Clerk is directed to enter into a contract with the Spirit of Athens, Inc., in such form and manner that is acceptable to the same, whereby the City will pay $ 25,000 as an appropriation in exchange for activities promoting the economic and industrial development of the municipality; developing, advertising, and promoting the resources of the municipality; and advertising the municipality and functions or undertakings of the municipality both within and without the corporate limits. Thereafter, the Mayor/City Clerk is authorized to release said funds at his discretion. 9. The Mayor or City Clerk is directed to enter into a contract with the Mental Health Center of North Central Alabama, Inc. in such form and manner that is acceptable to the same, whereby the City will pay $ 10,000 as an appropriation in exchange for public health work. Thereafter, the Mayor/City Clerk is authorized to release said funds at his discretion. 10. The Mayor or City Clerk is directed to enter into a contract with the Athens Recycling Center (which is itself a division of Keep Athens Limestone Beautiful) in such form and manner that is acceptable to the same, whereby the City will pay $ 58,000 as an appropriation in exchange for recycling services. Thereafter, the Mayor/City Clerk is authorized to release said funds at his discretion. 11. The sum of $ 11,300 is hereby budgeted and set aside in fiscal year 2018-19 to the Office of the Mayor for special events activities in the City. The Mayor is charged with allocating and disbursing these funds to special events activities that provide significant educational, recreational, and/or entertainment benefit to the citizens of the City, with an emphasis on proven and effective events, and on those that advertise and promote the City. 12. The Mayor or City Clerk is directed to enter into a contract with the Alabama Veteran’s Museum, in such form and manner that is acceptable to the same, whereby the City will pay $ 10,000 as an appropriation in exchange for activities concerning the operation and maintenance of the Alabama Veteran’s Museum, to the end of making it available and open to the public. Thereafter, the Mayor/City Clerk is authorized to release said funds at his discretion. 13. The Mayor or City Clerk is directed to enter into a contract with The ARC of Alabama, Inc. (Athens/Limestone ARC), in such form and manner that is acceptable to the same, whereby the City will pay $ 8,000 as an appropriation in exchange for the planning, establishment, and furnishing of recreational, social and cultural  facilities, services and programs for persons in the City with cognitive, intellectual, and developmental disabilities. Thereafter, the Mayor/City Clerk is authorized to release said funds at his discretion. 14. The Mayor or City Clerk is directed to enter into a contract with The Athens-Limestone Community Association, in such form and manner that is acceptable to the same, whereby the City will pay $ 7,000 as an appropriation in exchange for the planning, establishment, and furnishing of recreational, educational, social and cultural facilities, services and programs for the Citizens of Athens. Thereafter, the Mayor/City Clerk is authorized to release said funds at his discretion. ADOPTED and APPROVED this, the 9th day of December, 2019. /s/ Harold Wales PRESIDENT, CITY COUNCIL, CITY OF ATHENS, ALABAMA The motion was seconded by Councilman Harper and was unanimously carried. Councilman Travis introduced the following resolution: RESOLUTION NUMBER 2019 - 1650 A RESOLUTION CONCERNING 2019-20 MUNICIPAL APPROPRIATIONS/CONTRACTS AND THIRD PARTY NON-GOVERNMENTAL ENTITIES - RSVP _______________________________________________ WHEREAS, by this Resolution, the City Council of the City of Athens appropriates various funds, through contracts, to non-governmental entities who serve various public purposes benefitting the citizens of Athens; WHEREAS, the City of Athens is authorized by law to provide music, tournaments, shows, educational activities, recreational activities, and other exhibitions for the amusement of the inhabitants of the City; and to plan, establish, and furnish recreational, social and cultural facilities, services and programs, including transportation services and programs (especially for senior citizens), pursuant to § 11-47-19 and § 11-80-5 of the Code of Alabama, and other authorities; WHEREAS, the City of Athens is authorized to adopt measures to provide for the safety, preserve the health, promote the prosperity, and improve the morals, order, comfort and convenience of the inhabitants of the City; and WHEREAS, the City Council finds that action on the item listed below serves a valuable public purpose that has for its objective the promotion of public health, safety, morals, security, prosperity, contentment, and/or the general welfare of the community. THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA on December 9, 2019 at 5:30 p.m., as follows: The Mayor or City Clerk is authorized to expend up to $3,000 in connection with operating costs of the Retired and Senior Volunteer Program (R.S.V.P.) transportation services program for the elderly of the City. ADOPTED and APPROVED this, the 9th day of December, 2019. /s/ Harold Wales PRESIDENT, CITY COUNCIL, CITY OF ATHENS, ALABAMA The motion was seconded by Councilman Seibert and was carried with four yea votes. Councilman Wales abstained. Councilman Harper introduced the following resolution: RESOLUTION NUMBER 2019 – 1651 WHEREAS, the City of Athens has solicited and received bids from qualified construction companies to construct “ALDOT Project No. TAPAA-TA17-911 Sidewalks along Pryor Street and U.S. Highway 31” in accordance with the approved plans and specifications; WHEREAS, the Athens City Council and Morell Engineering have evaluated the single bid received and have determined that Premier Structures, Incorporated is the lowest responsible and responsive bidder for the construction of the aforementioned project; WHEREAS, said bid received from Premier Structures, Incorporated exceeded the cost estimate of the City; WHEREAS, it is the desire of the City of Athens to reject all bids received on October 22, 2019 for exceeding the cost estimate and authorize the revision of the plans and specifications for rebid; NOW THEREFORE, BE IT RESOLVED that the City of Athens hereby rejects all bids received for “ALDOT Project No. TAPAA-TA17-911 Sidewalks along Pryor Street and U.S. Highway 31” and authorizes the revision of the plans and specifications for said project to be rebid. ADOPTED and APPROVED this, the 9th day of December, 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 The motion was seconded by Councilman Seibert and was unanimously carried. Councilman Seibert introduced the following resolution: RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA, to accept the low bid of $1,382,025.00 from Garnet Electric for materials and labor for the construction of Moss Spring Substation. The motion was seconded by Councilman Harper and was unanimously carried. Councilman Seibert introduced the following resolution: RESOLUTION NUMBER 2019 – 1652 A RESOLUTION CONCERNING OFFICERS OF THE CITY COUNCIL ______________________________________________  WHEREAS, the election for new officers of the City Council was unexpectedly delayed in the Fall of 2019, resulting in the extension of the terms of the current officers; and WHEREAS, the City Council desires to elect new officers. THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA on December 9, 2019 at 5:30 p.m., as follows: 1. Frank Travis is hereby elected as President of the City Council for a term extending from the date of this Resolution through November 1, 2020. 2. Wayne Harper is hereby elected as President Pro Tempore of the City Council for a term extending from the date of this Resolution through November 1, 2020. ADOPTED this the 9th day of December, 2019. /s/ Harold Wales PRESIDENT, CITY COUNCIL, CITY OF ATHENS, ALABAMA The motion was seconded by Councilman Harper and was unanimously carried. Councilman Harper introduced the following ordinance: ORDINANCE NUMBER 2019 - 2099 AN ORDINANCE ESTABLISHING THE YEARLY SALARY OF THE MAYOR AND COUNCILMEMBERS BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA AS FOLLOWS: Section 1. Section 2-31 of the Code of Ordinances of the City of Athens, Alabama is hereby amended to state as follows: That the annual salary of the Mayor of the City of Athens, Alabama, shall be and the same is hereby fixed at the sum of $5,958.33 per month ($71,500 per year). In addition to the salary provided for herein, the Mayor shall also be entitled to any medical benefits normally accruing to all full-time employees of the City as authorized by law. Section 2. Section 2-63 of the Code of Ordinances of the City of Athens, Alabama is hereby amended to state as follows: Each Councilmember shall be compensated at the sum of $1,100 per month. Section 3. This Ordinance shall become effective on the first of November, 2020 and shall continue in force and effect until repealed by action of the City Council. Section 4. The provisions of this Ordinance are hereby declared severable; if any portion of this ordinance shall be held unconstitutional or otherwise invalid by a court of competent jurisdiction, such ruling shall not affect the remaining portions of this ordinance. Section 5. As of its effective operation, this Ordinance shall repeal all provisions of the Athens City Code that are inconsistent herewith. Section 6. 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 system of the Code. ADOPTED and APPROVED this, the 9th day of December, 2019. /s/ Harold Wales PRESIDENT, CITY COUNCIL, CITY OF ATHENS, ALABAMA Councilmember Travis moved that unanimous consent be given for immediate consideration of and action on said ordinance, 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, 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 Seibert and upon the said motion being put to vote the following vote was recorded: YEAS: Councilmembers Seibert, Wales, Travis, 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 contract and manage the development of computerized base maps through a Memorandum of Understanding for Athens-Limestone GIS Consortium. MEMORANDUM OF UNDERSTANDING COMMUNITY MAPPING AND DATA MANAGEMENT SYSTEM PARTICIPATION ATHENS-LIMESTONE GIS CONSORTIUM WHERAS, a committee of interested, organizations, including the City of Athens, Limestone County Commission, the Limestone County Water and Sewer Authority, Athens Utilities, the Athens-Limestone County Emergency Management Communication District (9-1-1), and Limestone County School District have examined the needs and requirements for geographic information and have concluded that a Community Mapping and Database Management System (hereafter GIS) is feasible and cost effective; and WHEREAS, the City of Athens, Limestone County Commission, the Limestone County Water and Sewer Authority, Athens Utilities, the Athens-Limestone County Emergency Management Communication District (9-1-1), and the Limestone County School District (hereafter Participants) desire to jointly participate in the creation and utilization of a GIS to more effectively manage information, avoid redundancy, and to reduce the expense for their constituents and customers; and WHEREAS, the Participants fully understand the importance of developing and implementing a GIS and acknowledge the assessment of the costs and benefits to the Participants and the citizens of Athens and Limestone County; NOW, THEREFORE, as attested by the signatures below, there is an agreement among the Participants to proceed with the design, procurement, implementation, and operation of the components necessary to fully establish a GIS for the benefit of the community, citizens, industry, and government of Athens and Limestone County pursuant to the terms and conditions specified in this Memorandum of Understanding (hereinafter MOU) or any amendments hereto. This agreement is to be known as the Athens-Limestone GIS Consortium. The Chief Executive or the designated representative of each participating agency shall serve as a member of the GIS Steering Committee to direct he implementation effort subject to the following guidelines: 1) City of Athens shall be designated as the PROJECT MANAGEMENT AGENCY, and shall be responsible to the GIS Steering Committee for the establishment of the GIS as specified in this MOU. 2) The allocated share costs among the Participants shall initially be Limestone County 23.4% City of Athens 23.4% Athens Utilities-Water/Wastewater 7.6% Athens Utilities-Gas 7.6% Athens Utilities-Electric 7.6% Limestone County Water and Sewer Authority 7.6%  Athens-Limestone County Emergency Management Communications District (9-1-1) 7.6% Limestone County School District 7.6% Athens City School District 7.6% Subsequent participants shall be assessed a pro rata share of the initial shared anticipated costs of the GIS in addition to an established percentage of the total costs based on anticipated use and benefits of the system. The percentage of costs for which the initial Participants are responsible shall be adjusted by the GIS Steering Committee based on allocation of costs to new Participants. GIS will also recover costs by providing products and services to the non-participating organizations and reduce, proportionate to the established pro rata share, annual cost to the Participant. 3) As the PROJECT MANAGEMENT AGENCY: a. The City of Athens will contract and manage the development of computerized base maps. This development shall include aerial photography, survey control, analytical triangulation, photogrammetric mapping, base map production, quality control of the base maps, and consultant services. b. The City of Athens or its representative will provide oversight and assist in the procurement of the needed hardware/software and communication systems to the benefit of all GIS Participants, including the sale of products and services to non-participating organizations. c. The City of Athens will assist in coordinating the management of other reasonable and necessary developmental functions including but not limited to parcel map development, infrastructure and facility management databases, database maintenance activities and data sharing activities of the Consortium. 4) The City of Athens and the STEERING COMMITTEE shall establish a capital fund for maintenance/depreciation costs for the GIS which shall be established as a percentage of the costs of the annual budget for tasks associated with building the GIS. The percentage shall be determined on an annual basis and not exceed 10%. 5) The STEERING COMMITTEE shall establish TECHNICAL SUBCOMMITTEES to analyze, develop, promote and review the technical and non-policy issues of the GIS. 6) The PROJECT MANAGEMENT AGENCY and the TECHNICAL SUBCOMMITTEES shall work with the STEERING COMMITTEE to establish, support and provide other miscellaneous functions of the GIS relating to, but not limited to, the following: fee structures for non-participant’s use of the GIS; access to custom maps and other products; system security; system expansion; system maintenance, staffing, training, and technical assistance of the GIS. 7) The PROJECT MANAGEMENT AGENT may enter the Consortium into agreements with larger area Consortiums upon a unanimous vote of members. All decisions that financial obligate the Consortium must be approved by unanimous vote of the STEERING COMMITTEE. If a STEERING COMMITTEE Participant’s representative is absent during the vote, the representative must be contacted for their vote. The effective date of the Memorandum of Understanding will be December 1st, 2019. This MOU provides the basic understanding among the Participants, and shall be amended from time to time by majority vote of the Consortium Members to accommodate the addition of new Participants, changes in the GIS, and to support agreements among the Participants to fund the acquisition, support, and maintenance of the GIS. The agreement is designed to be in place for a period of 3 years from the effective date to foster a financial commitment from its members to further ensure long range success of the program. Any of the parties to this agreement shall have the right to withdraw from this agreement by action of the Steering Committee and by giving the other parties six (6) month notice in writing. Parties withdrawing from the agreement before the expiration date of the MOU shall be responsible for the total amount of their allocated cost share for the remaining term of the original agreement. In recognition of the foregoing terms, the following representatives of the participating agencies have executed this MOU on the date specified. _________________________________________ Date_______________________________ William R. Marks, Mayor City of Athens/Athens Utilities _________________________________________ Date_______________________________ Collin Daly, Chairman Limestone County Commission _________________________________________ Date_______________________________ Harold Wales, City Council President City of Athens _________________________________________ Date_______________________________ Jerry Crabtree, Chairman Athens-Limestone Emergency 9-1-1 _________________________________________ Date_______________________________ Jim Moffatt, Chairman Limestone County Water and Sewer Authority _________________________________________ Date_______________________________ Bret McGill, Chairman Limestone County Board of Education _________________________________________ Date_______________________________ Russell Johnson, Board President Athens Board of Education _________________________________________ Date_______________________________ Micah Cochran, GIS Coordinator Project Management Agency Representative City of Athens Purpose The Athens/Limestone County GIS Consortium is founded on the concept of encouraging public agencies to share in the creation, use and maintenance of GIS data sets at the least possible cost. Two key features of the Consortium are:  Data creators (primary custodians) retain ownership of their GIS data sets, but agree to share it with other Consortium members for free or, at most, for the cost of copying it; and  Users of the GIS data (secondary custodians) pass updates, corrections, and revisions back to the creators of the data set, resulting in improved data quality. Computerized geographic data that is created, collected, processed, disseminated, and stored by public agencies in Athens/Limestone County, Alabama is a valuable information resource. This agreement will facilitate the sharing of Geographic Information System (GIS) data and improve access to computerized geographic data across all levels of government. This agreement encourages public agencies to share in the creation, use, and maintenance of GIS datasets at the least possible cost, while providing citizens, and other data users easy access to this resource when appropriate. In addition, it is designed to:  Reduce costs and duplication of effort;  Increase awareness of the availability of existing datasets;  Ensure the completeness and accuracy of information describing the datasets (metadata):  Ensure adherence to data standards;  Improve the quality of data;  Ensure consistent and enhance access to data;  Provide public access to information where appropriate; and  Facilitate coordination of GIS data gathering, maintenance, and sharing among State, Regional, County, and Local Agency users. To achieve our goals, members mutually pledge to:  1) Share the benefits of data sharing through policies, standards, and services that maintain and promote the broadest possible access to the best available data and information resources while supporting the vitality of the geospatial industry. 2) Make assessable whenever feasible, all geospatial data suitable for use by the consortium members 3) Establish strategic partnerships to develop and deploy geospatial applications through collaborations involving agencies throughout the state. 4) Collaborate with other consortium members in seeking additional funding for accumulation of geospatial data. 5) Facilitate cooperation between state and local governments and industry in geospatial data through cost sharing. 6) Add additional members that are approved by the Consortium. 7) Support compliance testing of proposed new software and hardware to insure that new software and equipment will be fully compatible with data being shared within the Consortium. Sample data sets can be made available to perspective software and hardware vendors along with a compliance test procedure. Scope Under this MOU, cooperative activities between the Consortium member organization include, but are not limited to, the exchange of geospatial data and the exchange of technical information and expertise in support of related activities. As funding allows, the Consortium will establish the infrastructure and procedures necessary to query, collect, receive, archive, access, process, and deliver these data to Consortium member organizations. The consortium will strive to expedite access to data that are contained within the member archives. Governance Membership within the Consortium shall include two statuses, member (voting) and affiliate member (non-voting). Consortium members may be Data distributors (archival and distribution nodes for geospatial data) or Data users. All members are expected to provide access to data and information developed by their respective departments. Data providers will take on the added responsibility of providing public access to data archives where appropriate. The Consortium is governed by a majority vote of its full members. Each full member shall have an equal vote. Responsibilities and resources shall be distributed according to the guidelines established by the Steering Committee. The PROJECT MANAGEMENT AGENCY shall be responsible to the GIS Steering Committee for the establishment of the GIS as specified in this MOU. The Consortium members shall meet at a minimum of 2 times a year to review the progress of the GIS program, review and revise the project implementation plan, address additional needs of the Consortium. Committees and other ad hoc groups may meet more or less frequently. Responsibilities Responsibilities of the member organizations are to:  Participate in appropriate training programs, workshops, meetings, and seminars.  Participate in preparation of joint reports, documents, and proposals as determined and agreed to by the members.  Provide public access to data and information developed for the state/region by Consortium members where not limited by licensing restrictions and where deemed appropriate by the members.  Data distribution custodians shall implement, operate, and maintain adequate facilities for archiving geospatial data and data products.  Follow the Bylaws/Principals of Organization as agreed by the Consortium members and the responsible State and Federal Agencies. Steering Committee City of Athens: Micah Cochran Alternate: James Rich Limestone County: Jonathan Yerdon Alternate: Hunter Daws Athens Utilities, Electric Dept: James Gray Athens Utilities, Gas Dept: Mason Matthews Athens, Utilities, Water & Wastewater Dept.: Harrison Bauer Limestone County Water & Sewer Authority: Brent Ledgewood Athens-Limestone County Emergency Management Communication District (9-1-1): Brandon Wallace Alternate Jackson Miller Limestone County School Board: Rusty Bates Athens School Board: Mike O’Rear History The first agreement was in effect from October 1st, 2004 to October 1st, 2007. The second agreement was in effect from October 31st, 2007 to October 31st, 2010. The third agreement was in effect from October 1st, 2012 to October 1st, 2015. The previous agreement was in effect from October 1st, 2015 to October 1st, 2018. Councilmember Harper 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, 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, and Harper; NAYS: None. The President thereupon announced that the motion for the adoption of the said resolution had been unanimously carried. * * * There being no further business to come before the meeting, Council President Wales asked if there were any objections to adjourning the meeting. Councilman Travis made a motion to adjourn with a second from Councilman Seibert. The meeting was duly and properly adjourned. /s/ Harold Wales PRESIDENT, CITY COUNCIL ATTEST: /s/ Annette Barnes CITY CLERK