City Council

December 23, 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 Athens, Alabama, on December 23, 2019, at 5:30 p.m. The meeting was called to order by Councilman Frank Travis, 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. Chris Seibert 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 9, 2019 City Council Meeting had been submitted for approval. Councilman Wales moved that the reading of the Minutes be suspended and that the Minutes be approved as recorded. The motion was seconded by Councilman Seibert and was unanimously carried. The Chairperson stated that the Minutes of the December 9, 2019 City Council Work Session Meeting had been submitted for approval. Councilman Wales moved that the reading of the Minutes be suspended and that the Minutes be approved as recorded. The motion was seconded by Councilman Seibert and was unanimously carried. A public hearing was held concerning the rezoning of property for Cannon Family, LLC and Maund Family, LLC from M-1 Light Industrial District to R-1-3 High Density Single Family Residential District. Property consists of +/-106.946 acres located +/-1500 feet west of US Hwy 31 South, on the southern side of Roy Long Road, within the corporate limits of the City of Athens. James Rich, Public Works Director, reported that the City’s Planning Commission has reviewed this rezoning request and recommends the Council’s approval. Councilman Wales introduced the following ordinance: AN ORDINANCE TO REZONE PROPERTY FOR CANNON FAMILY LLC AND MAUND FAMILY LLC FROM M-1 LIGHT INDUSTRIAL DISTRICT TO R-1-3 HIGH DENSITY SINGLE FAMILY RESIDENTIAL DISTRICT. PROPERTY CONSISTS OF +/-106.946 ACRES LOCATED +/-1500 FEET WEST OF US HWY 31 SOUTH, ON THE SOUTHERN SIDE OF ROY LONG ROAD, WITHIN THE COORPORATE LIMITS OF THE CITY OF ATHENS. STATE OF ALABAMA, LIMESTONE COUNTY, CITY OF ATHENS ORDINANCE NUMBER 2019 – 2100 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 an M-1 Light Industrial 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 Single Family High Density Residential District”. NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA, as follows: A tract or parcel of land located in the Northwest Quarter of Section 28, and in the East One-half of the Northeast Quarter of Section 29, all in Township 3 South, Range 4 West, Limestone County, Alabama, and being more particularly described as follows: Commencing at an existing railroad spike at the Northwest comer of Section 28, Township 3 South, Range 4 West, thence South 00 degrees 40 minutes 42 seconds West along the West boundary of said Section 28 a distance of 30.01 feet to a 5/8 inch rebar set with plastic cap stamped "RL.S 15455 Ronnie G. Coffman", on the South right-of-way of Roy Long Road, the point of true beginning of the herein described tract; thence from the point of true beginning, South 87 degrees 28 minutes 36 seconds East along the South right-of-way of said Roy Long Road a distance of 1838.48 feet to a 5/8 inch rebar set with plastic cap stamped "RLS 15455 Ronnie G. Coffman"; thence South 01 degrees 50 minutes 01 seconds West a distance of 668.00 feet to a 5/8 inch rebar set with plastic cap stamped "RLS 15455 Ronnie G. Coffman", thence South 88 degrees 02 minutes 56 seconds East a distance of 840.00 feet to a 5/8 inch rebar set with plastic cap stamped "RLS 15455 Ronnie G. Coffman", on the West right of way of U. S. Highway No. 31 ,thence along the Westerly right-of-way of said U. S. Highway No. 31 being 67 feet West of and at right angles with the centerline of its median, South 00 degrees 51 minutes 30 seconds West for a distance of 121.24 feet to a 5/8 inch rebar set with plastic cap stamped "RLS 15455 Ronnie G. Coffman", thence leaving the Westerly right-of-way of U. S. Highway No. 31, North 89 degrees 08 minutes 30 seconds West a distance of 300.00 feet to a 5/8 inch rebar set with plastic cap stamped "RLS 15455 Ronnie G. Coffman", thence South 00 degrees 51 minutes 30 seconds West a distance of 150.00 feet to a 5/8 inch rebar set with plastic cap stamped "RLS 15455 Ronnie G. Coffman'', thence North 89 degrees 08 minutes 30 seconds West a distance of 100.00 feet to a 5/8 inch rebar set with plastic cap stamped "RLS 15455 Ronnie G. Coffman"; thence South 00 degrees 51 minutes 30 seconds West a distance of 700.00 feet to a 5/8 inch rebar set with plastic cap stamped "RLS 15455 Ronnie G. Coffman", thence South 89 degrees 08 minutes 30 seconds East a distance of 400.00 feet to a 5/8 inch rebar set with plastic cap stamped "RLS 15455 Ronnie G. Coffman", on the West right-of-way of U.S. Highway No. 31; thence South 00 degrees 51 minutes 30 seconds West along the Westerly right-of- way of said U.S. Highway No. 31 being 67 feet West of and at right angles with the centerline of its median, a distance of 35.50 feet to a 5/8 inch rebar set with plastic cap stamped "RLS 15455 Ronnie G. Coffman", thence North 87 degrees 28 minutes 16 seconds West a distance of 2662.08 feet to a 5/8 inch rebar set with plastic cap stamped "RLS 15455 Ronnie G. Coffman", on the West boundary of said Section 28, and the East boundary of said Section 29; thence North 86 degrees 45 minutes 32 seconds West a distance of 614.65 feet to a 5/8 inch rebar set with plastic cap stamped "RLS 15455 Ronnie G. Coffman", said 5/8 inch rebar located South 86 degrees 45 minutes 32 seconds East a distance of 45.42 feet from a 5/8 inch rebar set with plastic cap stamped "RLS 15455 Ronnie G. Coffman", on the West boundary of the East One-Half of the East One-Half of the Northeast Quarter of said Section 29; thence North 11 degrees 27 minutes 07 seconds West along a possession line a distance of 104.79 feet to a 5/8 inch rebar set with plastic cap stamped "RLS 154S5 Ronnie G., Coffman", thence continue along said possession line, North 00 degrees 04 minutes 19 seconds East a distance of 571.53 feet to a 5/8 inch rebar set with plastic cap stamped "RLS 15455 Ronnie G. Coffman", thence continue along said possession line, North 01 degrees 0l minutes 14 seconds East a distance of 418.00 feet to a 5/8 inch rebar set with plastic cap stamped "RLS 15455 Ronnie G. Coffman"; thence continue along said possession line North 00 degrees 16 minutes 19 seconds West a distance of 578.98 feet to a 5/8 inch rebar set with plastic cap stamped "RLS 15455 Ronnie G. Coffman", on the South right-of-way of Roy Long Road, said 5/8 inch rebar located South 86 degrees 30 minutes 48 seconds East a distance of 8.94 feet from a 5/8 inch rebar set with plastic cap stamped "RLS 15455 Ronnie G. Coffman", on the West boundary of the East One-Half of the East One-Half of the Northeast Quarter of said Section 29; thence South 86 degrees 30 minutes 48 seconds East along the South right-of-way of Roy Long Road a distance of 649.99 feet to the point of true beginning and containing 106.246 acres, more or less, with a relative error of closure no greater than one foot in 10,000 feet; AND INCLUDING: A tract or parcel of land located in the Northwest Quarter of Section 28, and in the East One-Half of the Northeast Quarter of Section 29, all in Township 3 South, Range 4 West, Limestone County, Alabama, and being more particularly described as follows: Commencing at an existing railroad spike at the Northwest comer of Section 28, Township 3 South, Range 4 West, thence South 00 degrees 40 minutes 42 seconds West along the West boundary of said Section 28 a distance of 30.01 feet to a 5/8 inch rebar set with plastic cap stamped "RLS 15455 Ronnie G. Coffman" on the South right-of-way of Roy Long Road; thence South 87 degrees 28 minutes 36 seconds East along the South right-of way of Roy Long Road a distance of 2002.49 feet to an existing 5/8 inch rebar with plastic cap stamped "RLS 15455 Ronnie 0. Coffman", the point of true beginning of the herein described tract; thence from the point of true beginning continue South 87 degrees 28 minutes 36 seconds East along the South right-of-way of Roy Long Road a distance of 465.99 feet to an existing 5/8 inch rebar with plastic cap stamped "RLS 15455 Ronnie G. Coffman", South 00 degrees 16 minutes 19 seconds East a distance of 578.98 feet to a 5/8 inch rebar set with plastic cap stamped "RLS 15455 Ronnie G. Coffman", South 01 degrees 01 minutes 14 seconds West a distance of 418.00 feet to a 5/8 inch rebar set with plastic cap stamped "RLS 15455 Ronnie G. Coffman", South 00 degrees 04 minutes 19 seconds West a distance of 571.53 feet to a 5/8 inch rebar set with plastic cap stamped "RLS 15455 Ronnie G. Coffman", South 11 degrees 27 minutes 07 seconds East a distance of 104.79 feet to a 5/8 inch rebar set with plastic cap stamped "RLS 15455 Ronnie G. Coffman", North 86 degrees 45 minutes 32 seconds West a distance of 45.42 feet to a 5/8 inch rebar set with plastic cap stamped "RLS 15455 Ronnie G. Coffman", on the West boundary of the East One-Half of the East One-Half of the Northeast Quarter of said Section 29; thence North 00 degrees 43 minutes 19 seconds East along the West boundary of the East One-Half of the East One-Half of the Northeast Quarter of said Section 29 a distance of 1669.25 feet to a 5/8 inch rebar set with plastic cap stamped "RLS 15455 Ronnie G. Coffman", on the South right-of-way of Roy Long Road, said 5/8 inch rebar located South 00 degrees 43 minutes 19 seconds West a distance of 30.01 feet from an existing railroad spike at the Northwest comer of the East One-Half of the East One-Half of the Northeast Quarter of said Section 29; thence South 86 degrees 30 minutes 48 seconds East along the South right-of-way of said Roy Long Road a distance of 8.94 feet to the point of true beginning and containing 0.700 acres, more or less, with a relative error of closure no greater than one foot in 10,000 feet. ADOPTED and APPROVED this, the 23rd day of December, 2019. /s/ Frank Travis 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 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, and Harper; NAYS: None. The President thereupon declared that the motion for unanimous consent for immediate consideration of and action on the said ordinance had been unanimously carried. Councilmember Wales thereupon moved that the ordinance be finally adopted, which motion was seconded by Councilmember Harper 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. A public hearing was held to hear comments concerning the zoning approval for the sale of alcohol in the City of Athens by Minute Man Food Stores #309. Joe Pepano, Director of Retail Operations for the Spencer Companies, Inc., spoke in favor of the zoning request. 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 “Retail Beer & Wine Off Premises,” type alcohol license. Business Name: The Spencer Companies, Inc. Dba: Minit Man #309 Address: 17933 Highway 72 Athens, AL 35611 The motion was seconded by Councilman Wales and was unanimously carried. Joseph Cannon, 17304 Drake Drive, Athens, addressed the Council concerning the sewer issues in the Westgate Subdivision. He stated that he thought this issue was clear when he vacated his Council seat in October, yet no action has been taken. He further stated that when the Council rezoned the property for the new subdivision adjacent to Westgate, there had been an estimate of approximately $400,000 to extend sewer to the new development via the Westgate subdivision and an estimate of approximately $150,000 to $200,000 to run the sewer around Westgate. He questioned why the Council would choose to spend that amount of money ($150K-$200K) and pick up no additional houses when spending the additional funds could pick up the Westgate Subdivision homes and resolve the septic tank issues the residents are experiencing there. He stated that it’s now time for the Council to take action and uphold its commitment. Dana Henry, 17346 Noble Circle, Athens, addressed the Council and seconded Mr. Cannon’s comments regarding the Westgate Subdivision sewer project. She stated that she has been waiting to see what the Council plans to do about this issue before repairing her failing septic tank. She expressed her concern for the home values in her subdivision and the quality of life there if the Council doesn’t address the need for sewer services there. Sue Chasteen, 17173 Leatherwood Dr., Athens, also addressed the Council in support of extending sewer service to the Westgate Subdivision. Mayor Marks then stated that he would follow up with the Water/Wastewater Department Manager and City Engineer and review the layout of the entire subdivision, the total cost of the sewer project, including the financial commitment required of the existing homeowners and would report this information to the Council within two weeks. Councilman Harper introduced the following resolution: RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA, to reappoint Guy Fry to the Athens Housing Authority for a 5 year term, expiring December 1, 2024. The motion was seconded by Councilman Wales and was unanimously carried. Councilman Harper introduced the following resolution: RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA, to approve the following applicant for a “Off Premises Beer & Wine,” alcohol license. Business Name: J.A.1, Inc. Dba: Market Street BP Address: 1606 Market St. Athens, AL 35611 The motion was seconded by Councilman Wales and was unanimously carried. Councilman Harper introduced the following resolution: RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA, to approve the purchase of two 2020 Dodge Ram 1500 Crew Cab 4WD vehicles from Tallassee Automotive, Inc. of Tallassee, Alabama. The motion was seconded by Councilman Wales and was unanimously carried. Councilman Harper introduced the following resolution: RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA, to approve travel expenses for the following personnel from the City Clerk’s Office. Annette Barnes Municipal Clerks Fall Conference $ 348.75 & 2020 Municipal Election Training December 4, 2019 – December 6, 2019 Orange Beach, Alabama The motion was seconded by Councilman Wales and was unanimously carried. Councilman Harper introduced the following resolution: RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, AL to approve the purchase of the following equipment from the Alabama Department of Transportation surplus auction for the Public Works Department:  International 4300 4x2 flatbed dump truck – cost not to exceed $45,000   Dodge 3500 crew cab flatbed ton truck – cost not to exceed $20,000 The total cost of this equipment, not to exceed $65,000, shall be funded from the unallocated fiscal year 2018 general fund surplus. The motion was seconded by Councilman Wales and was unanimously carried. Councilman Harper introduced the following resolution: RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA, to approve the following applicant for a “Restaurant Liquor,” alcohol license. Business Name: Sabor Latino Taqueria, Inc. Address: 100 Hwy 31 South, Ste. M Athens, AL 35611 The motion was seconded by Councilman Wales and was unanimously carried. Councilman Harper introduced the following resolution: RESOLUTION NUMBER 2019 – 1653 WHEREAS, Verizon Wireless has requested to modify their equipment on an existing telecommunications facility located at 942 East Sanderfer Road, Athens, AL, to provide wireless services essentially within the corporate limits of the City of Athens; WHEREAS, Verizon Wireless has complied with the City’s Ordinance No. 1999-1320 and has demonstrated the need for the modification of this wireless facility to deliver consistently reliable services in the identified area, and; WHEREAS, both the City and Verizon Wireless customers in Athens will benefit from improved service; and; WHEREAS, the City’s consultant, The Center for Municipal Solutions (CMS), recommends the granting of a conditional Special Use Permit to modify their equipment at 942 East Sanderfer Road, Athens, AL. Verizon proposes to add (3) antennas, (1) per sector to an existing mount; Verizon proposes to swap out (6) existing radios for (6) new radios; (radios are located behind antennas) As recommended by CMS, the Special Use Permit is subject to compliance with the following conditions prior to the issuance of said permit and/or a Certificate of Completion: 1. To prevent warehousing of permits or authorizations and to assure the best service to the City’s residents as expeditiously as possible, the facility must be built, activated and be providing service no later than one hundred eighty (180) days after the issuance of the Special Use Permit or other applicable authorization, subject to commonly accepted force majeure exceptions acceptable to the City. Verizon Wireless may petition the City of an extension of this for good cause shown, but the decision whether or not to grant the extension shall exclusively be the prerogative of the City. 2. Verizon Wireless must provide contractor information with a construction schedule to the City and to CMS prior to the issuance of the Building Permit. The contractor must notify the City’s consultant for all inspections. 3. At the completion of construction, the Applicant must notify the City’s consultant and provide proof that all inspections have been satisfactorily completed and the project is ready for a final on-site inspection. Upon passing the final inspection, a recommendation to issue a Certificate of Occupancy shall be made. 4. Verizon Wireless shall not be permitted to actually provide service commercially until the Certificate of Occupancy or its functional equivalent is issued or risk forfeiting its Permit. 5. The Certificate of Occupancy shall not be issued until all fees and costs associated with this Permit, including inspections, have been paid. 6. A Certificate of Occupancy for the work permitted under this permit shall be a prerequisite for any future work by Verizon at this facilty. ADOPTED this 23rd day of December, 2019 /s/ Frank Travis PRESIDENT, CITY COUNCIL, CITY OF ATHENS, ALABAMA /s/ William R. Marks MAYOR, CITY OF ATHENS, ALABAMA ATTEST: /s/ Annette Barnes CITY CLERK, CITY OF ATHENS, ALABAMA The motion was seconded by Councilman Wales and was unanimously carried. Councilman Harper introduced the following resolution: RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA, to set a Public Hearing for the regular meeting of January 27, 2020 to review the request of Athens City Board of Education to rezone +/-6.00 acres from R-1-1 Single Family Low Density Residential District to R-1-3 High Density Single Family Residential District located south of Cowart Elementary School at 1701 Hobbs St. West, to the southwest of the intersection of Montclair St. and Bullington Dr. The motion was seconded by Councilman Wales and was unanimously carried. Councilman Harper introduced the following ordinance: ORDINANCE NUMBER 2019 - 2101 AN ORDINANCE REGARDING THE SALE AND REMOVAL OF STRUCTURES ON SOUTH HINE STREET WHEREAS, the City of Athens owns real property located at South Hine Street, which is further described as follows: Tracts 1 and 2 as shown on the Final Plat of the Woodlands, recorded at Plat Book J, Page 151 in the Office of the Judge of Probate of Limestone County, Alabama (the “Property”); WHEREAS, the City Council intends that a portion of the Property be used for the relocation of Jimmy Gill Park, and that a portion of the Property be held for other municipal purposes; WHEREAS, a vacant residential structure (the “House”), a former golf pro shop (the “Pro Shop”), and a storage shed (the “Shed”) are located on the Property; WHEREAS, the City Council finds that the House, the Pro Shop, and the Shed are not needed for public or municipal purposes, and should be removed from the Property; WHEREAS, the City Council finds, in this situation, that selling the House by taking proposals is the best and most economical way to dispose of the House at its fair market value; WHEREAS, the City Council does not intend to sell the Property, but just the House, upon the condition that the House be removed from the Property within ninety (90) days of the Mayor’s acceptance of a satisfactory proposal;  WHEREAS, the City Council finds, in this situation, that directing Public Works Department to demolish the Pro Shop and the Shed is the best and most economical way to dispose of the same, and will clear the portion of the Property on which they are located for the new location of Jimmy Gill Park; and WHEREAS, § 11-47-20 and § 11-43-56 of the Code of Alabama authorize the City Council to dispose of the unneeded House, Pro Shop, and Shed. THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA on December 23, 2019 at 5:30 p.m., as follows: 1. The Mayor is authorized and directed, through the Public Works Department, to dispose of the Pro Shop and the Shed by demolishing the same and removing them from the Property. 2. The Mayor is further authorized and directed, on behalf of the City, to sell the House by taking the most favorable written proposal, after a period of advertisement and upon terms deemed reasonable by the Mayor, and upon such sale to report the resulting sale proceeds to the City Council. 3. The terms of sale of the House shall include the purchaser’s complete removal, to the Mayor’s satisfaction, of the House from the Property, within ninety (90) days of the Mayor’s acceptance of the proposal, and such other terms as are identified by the Mayor. 4. The Mayor is authorized to take actions and execute such other and further documents as may be necessary to effect and carry out the transaction contemplated by this Ordinance. ADOPTED and APPROVED this, the 23rd day of December, 2019. /s/ Frank Travis 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 Councilmember Seibert moved that unanimous consent be given for immediate consideration of and action on said ordinance, which motion was seconded by Councilmember Wales, and upon the said motion being put to vote the following vote was recorded: YEAS: Councilmembers Seibert, Wales, Travis, 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 Wales 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 authorize the Mayor’s Office to apply for a Muscle Shoals National Heritage Area Preservation/Planning Grant on behalf of the Cemetery Department. The grant is a 50/50 match, and the request is for a $19,600 grant with a $19,600 City of Athens match to purchase software to digitize cemetery records to better preserve burial records, add and retrieve burial information in a timelier manner, incorporate photographs of tombstones with each burial record, and provide digital mapping of City cemeteries. The motion was seconded by Councilman Wales and was unanimously carried. Councilman Wales introduced the following resolution: RESOLUTION NUMBER 2019 - 1654 A RESOLUTION AUTHORIZING THE CITY’S PURCHASE OF REAL PROPERTY ON SANDERFER ROAD _______________________________________________ WHEREAS, state law authorizes municipalities to acquire real property for municipal and public purposes; WHEREAS, the City Council desires to acquire certain real property located on Sanderfer Road of approximately 0.4 acres, and identified as Parcel #10-04-20-2-000-003.001 (referred to herein as the “Property”); WHEREAS, the Property will be used in connection with the widening project on Sanderfer Road, and will also adjoin property already owned by the City; WHEREAS, the City Council is agreeable to paying $16,000.00 in exchange for the Property, and finds that to be a reasonable and fair price for the same. THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA on December 23, 2019, at 5:30 p.m., as follows: 1. The Mayor of the City of Athens (and/or his designee), on behalf of the City of Athens, Alabama, is authorized to purchase the real property described above from Wilma Daly Austin, or such other owners thereof, for a price of Sixteen Thousand and 00/100 Dollars ($16,000.00), plus any incidental costs related thereto in connection with the purchase and closing. To that end, the Mayor, on behalf of the City, is authorized to cause payment to be issued for the same, and to accept a deed to the property on behalf of the City. 2. The Mayor is further authorized to carry out the terms of such transaction as soon as may be practicable, and to execute such other and additional documents that may be necessary and/or required in order to facilitate the transaction described herein. ADOPTED this the 23rd day of December, 2019. /s/ Frank Travis PRESIDENT, CITY COUNCIL, CITY OF ATHENS, ALABAMA Councilmember Seibert 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, and Harper; NAYS: None. The President thereupon declared that the motion for unanimous consent for immediate consideration of and action on the said resolution had been unanimously carried. Councilmember Wales thereupon moved that the resolution be finally adopted, which motion was seconded by Councilmember Harper 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. Councilman Wales introduced the following ordinance: ORDINANCE NUMBER 2019 - 2102 AN ORDINANCE CONCERNING THE DEDICATION AND ACCEPTANCE OF CERTAIN REAL PROPERTY AS A PUBLIC WAY ALONG AND FOR THE PURPOSE OF WIDENING SANDERFER ROAD _____________________________________________________________________ WHEREAS, the City of Athens, Alabama (the “City”) is the owner of certain real property located in Limestone County, Alabama, lying adjacent to the southern boundary of Sanderfer Road, and described as follows: WHEREAS, the above-described tract is referred to herein as the “Property”; WHEREAS, the City desires to unequivocally dedicate the Property to the use of the public as a public street/roadway, and for accompanying public uses (such as public utility lines/facilities); WHEREAS, the Property will be used as a part of the project to widen Sanderfer Road; and WHEREAS, the City wishes to accept its dedication of the Property to the use of the public as a street/roadway, and for accompanying public uses (such as public utility lines/facilities). THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA, while in regular session on Monday, December 23, 2019, at 5:30 p.m., that the Property is hereby dedicated and accepted to the use of the public as a street/roadway, and accompanying public uses, and the Mayor and/or City Clerk are authorized to execute such documents as may be required in connection with the recognition of such acceptance by the City. ADOPTED this the 23rd day of December, 2019. /s/ Frank Travis 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 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, and Harper; NAYS: None. The President thereupon declared that the motion for unanimous consent for immediate consideration of and action on the said ordinance had been unanimously carried. Councilmember Wales thereupon moved that the ordinance be finally adopted, which motion was seconded by Councilmember Harper 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 Harper introduced the following resolution: RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA, to amend the City of Athens Bituminous Plant Mix Paving Contract with Reed Contracting Services to mill, pave, and stripe Lindsay Lane from the intersection of Pepper Rd to US-72. This project shall be funded from the Annual Rebuild Alabama Act Fund and the Capital Infrastructure Fund. The estimated cost of the work is $146, 279.41. Councilmember Seibert moved that unanimous consent be given for immediate consideration of and action on said resolution, which motion was seconded by Councilmember Wales, and upon the said motion being put to vote the following vote was recorded: YEAS: Councilmembers Seibert, Wales, Travis, 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 Harper thereupon moved that the resolution be finally adopted, which motion was seconded by Councilmember Wales and upon the said motion being put to vote the following vote was recorded: YEAS: Councilmembers Seibert, Wales, Travis, and Harper; NAYS: None. The President thereupon announced that the motion for the adoption of the said resolution had been unanimously carried. Council President Travis stated that the next item of business related to the Mayor’s veto of Ordinance 2019-2099, which was an Ordinance Establishing the Yearly Salary of the Mayor and Councilmembers. Each council member had before them a copy of the City Clerk’s Report of Veto, the Mayor’s Veto Message, and that Ordinance. (Copies of the Report of Veto and the Mayor’s Veto Message are appended to these minutes.)Travis explained that the Mayor vetoed the ordinance in part, which state law allows him to do in the case of ordinances fixing the salaries of city officers. Specifically, the Mayor vetoed Section 1 of the ordinance, which deals with the salary of the Mayor. Travis explained the procedure for addressing the veto. Travis explained that the council would begin with this question: “Shall the ordinance pass, the veto of the mayor notwithstanding?” Travis noted that it would take 4 council members to override the mayor’s veto. If 4 council members voted “yes”, then the mayor’s veto would be overridden and the ordinance would pass as approved at the 12/9 meeting. Travis further explained that if less than 4 council members voted “yes”, then the mayor’s veto would not be overridden, and then the city council would answer a second question: “Shall the ordinance stand as approved by the mayor?” Travis then began the process by putting the following question before the City Council: “Shall the ordinance pass, the veto of the Mayor notwithstanding?” In other words, the question is: shall the city council override the Mayor’s veto, and the ordinance pass as it was approved by this council at its 12/9 meeting? Travis asked for discussion on this question. After some discussion, Travis called for the vote. All four council members voted “yes”, and Travis announced that there being 4 “yes” votes, the Mayor’s veto was overridden and the ordinance was confirmed and validated as it was adopted at the 12/9 council meeting. Councilman Wales introduced the following resolution: RESOLUTION NUMBER 2019 - 1655 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA, APPROVING THE FORMATION OF THE PUBLIC EDUCATIONAL BUILDING AUTHORITY OF THE CITY OF ATHENS WHEREAS, the City Council of the City of Athens, Alabama, has received an application for the formation of the Public Educational Building Authority of the City of Athens in accordance with Chapter 18 of Title 16 of the Code of Alabama (1975), as amended (the “Act”), which application is attached hereto as “Exhibit A”; WHEREAS, the Act authorizes the formation of a public educational building authority to provide ancillary improvements for use in connection with educational institutions in the State of Alabama and to perform such acts lawfully permitted by the Act; WHEREAS, the City Council of the City of Athens, Alabama is the governing body of the City of Athens, Alabama empowered by the Act to authorize the formation of a public educational building authority; WHEREAS, the City Council of the City of Athens, Alabama has also received a resolution adopted by the Athens City Board of Education at its regular meeting on November 21, 2019, attached hereto as “Exhibit B”, in which the Board request that this City Council “take such measures as are necessary to form the Public Educational Building Authority of the City of Athens, pursuant to Chapter 18 ot Title 16 of the Code of Alabama”; and WHEREAS, the City Council has duly considered the application for the formation of a public educational building authority submitted to it. NOW, THEREFORE, be it resolved by the City Council of the City of Athens, Alabama, as follows: 1. That it is wise, expedient, necessary and advisable that the proposed Public Educational Building Authority of the City of Athens be formed. 2. That the applicants listed in the application attached hereto as Exhibit A (the “Applicants”) are authorized to proceed to form the Public Educational Building Authority of the City of Athens by filing for record a certificate of incorporation in accordance with the provisions of Section 16-18-3 of the Code of Alabama (1975), as amended, the form of which has been submitted to the City Council of the City of Athens, Alabama with the aforesaid application and which is hereby approved. 3. Upon the formation and organization of said authority, the following persons shall be elected and constitute its board of directors: (a) James Woodroof, Jr., whose term shall extend until November 8, 2021; (b) Tom Hill, whose term shall extend until November 13, 2023; and (c) Barry Hamilton, whose term shall extend until November 10, 2025. ADOPTED this 23RD day of December, 2019. /s/ Frank Travis PRESIDENT, CITY COUNCIL, CITY OF ATHENS, ALABAMA  Exhibit A Application to Form Public Educational Building Authority of the City of Athens [Attached] Exhibit B Athens City Board of Education Resolution [Attached] The motion was seconded by Councilman Seibert and was unanimously carried. Councilman Seibert introduced the following resolution: RESOLUTION NUMBER 2019 - 1656 A RESOLUTION FOR THE PURCHASE OF FURNISHINGS FOR THE NEW RECREATION CENTER LOCATED AT 21821 SPORTSPLEX LOOP FROM DEKALB OFFICE, UTILIZING THE ALABAMA STATE BID LIST FOR STEELCASE WHEREAS, DEKALB OFFICE has provided a proposal for new furnishings for the Recreation Center located at 21281 Sportsplex Loop; WHEREAS, DEKALB OFFICE has provided pricing from the Alabama State Bid List which the City of Athens is a member; WHEREAS, the City of Athens Public Works Department recommends that the contract for furnishings be purchased for the New Recreation Center in the amount of $252,497.86 and come from proceeds of the 2018 General Obligation Warrant. THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA that: Section 1. The contract for the purchase of new furnishings for the recreation center shall be awarded to DEKALB OFFICE of Alpharetta, Georgia, in the amount of $252,497.86, to be funded from the proceeds of the 2018 General Obligation Warrant Improvement Fund. Section 2. Ronnie Marks, in his capacity as Mayor, is authorized, on behalf of the City of Athens, to sign the above-referenced contract for the new furnishings. The Mayor is further authorized to carry out the terms of such contract, and to execute such other and additional documents that may be necessary and/or required in order to facilitate the transaction described herein. Section 3. This resolution shall become effective immediately upon its adoption. ADOPTED this the 23rd day of December, 2019. /s/ Frank Travis PRESIDENT, CITY COUNCIL, CITY OF ATHENS, ALABAMA Councilmember Harper moved that unanimous consent be given for immediate consideration of and action on said resolution, which motion was seconded by Councilmember Wales, and upon the said motion being put to vote the following vote was recorded: YEAS: Councilmembers Seibert, Wales, Travis, 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 Harper 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. Councilman Wales introduced the following resolution: RESOLUTION NUMBER 2019 - 1657 A RESOLUTION FOR THE PURCHASE OF FITNESS EQUIPMENT FOR THE NEW RECREATION CENTER LOCATED AT 21821 SPORTSPLEX LOOP FROM READY FITNESS, UTILIZING THE NATIONAL PURCHASE AGREEMENT  WHEREAS, Ready Fitness has provided a proposal for exercise and gym equipment for the New Recreation Center located at 21281 Sportsplex Loop; WHEREAS, Ready Fitness has provided pricing from the National Purchasing Agreement which the City of Athens is a member; WHEREAS, the City of Athens Public Works Department recommends that the contract for gym equpment be purchased for the New Recreation Center in the amount of $141,923.00 and come from the 2018 General Obligation Warrant. THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA that: Section 1. The contract for the purchase of gym equipment for the new recreation center shall be awarded to Ready Fitness of Buford, Georgia, in the amount of $141,923.00, to be funded from the City of Athens 2018 General Obligation Warrant Improvement Fund. Section 2. Ronnie Marks, in his capacity as Mayor, is authorized, on behalf of the City of Athens, to sign the above-referenced contract for the Equipment. The Mayor is further authorized to carry out the terms of such contract, and to execute such other and additional documents that may be necessary and/or required in order to facilitate the transaction described herein. Section 3. This resolution shall become effective immediately upon its adoption. ADOPTED this the 23rd day of December, 2019. /s/ Frank Travis PRESIDENT, CITY COUNCIL, CITY OF ATHENS, ALABAMA Councilmember Harper moved that unanimous consent be given for immediate consideration of and action on said resolution, 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 resolution had been unanimously carried. Councilmember Wales 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, 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. There being none, the meeting was duly and properly adjourned. /s/ Frank Travis PRESIDENT, CITY COUNCIL ATTEST: /s/ Annette Barnes CITY CLERK