City Council

July 20, 2020 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, Athens, Alabama, on July 20, 2020 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. 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 June 22, 2020 City Council Meeting had been submitted for approval. Councilman Seibert moved that the reading of the Minutes be suspended and that the Minutes be approved as recorded. The motion was seconded by Councilman Harper and was unanimously carried. The Chairperson stated that the Minutes of the June 22, 2020 City Council Work Session Meeting had been submitted for approval. Councilman Seibert moved that the reading of the Minutes be suspended and that the Minutes be approved as recorded. The motion was seconded by Councilman Harper and was unanimously carried. The Chairperson stated that the Minutes of the July 9, 2020 Special City Council Meeting had been submitted for approval. Councilman Seibert moved that the reading of the Minutes be suspended and that the Minutes be approved as recorded. The motion was seconded by Councilman Harper and was unanimously carried. Mayor Marks stated that he would be bringing a request to the Council next week for a plan by Athens Main Street to install permanent sidewalk dining fencing, at a cost of approximately $10,000. Mayor Marks then reported that dirt is moving on the Jimmy Gill Park project. He also reported that a letter is being sent from the City’s Public Works Department to the Regional Department of Transportation requesting an upgrade to the intersection of Elm Street and Highway 127. Mayor Marks then addressed the Council stating that he wanted to clarify some negative comments made towards the Mayor and City Council in a letter to the editor over the weekend regarding police salaries, retiree benefits and the City’s self-insurance plan. He stated that he intends to present a draft of a resolution to the Council at the July 27th meeting for a 3% cost of living adjustment for all City employees and an increase of at least $2 to police and fire salaries to be effective October 1, 2020. He also mentioned the consideration of a conversion from Tier 2 to Tier 1 under the State Retirement System, stating that administration is working to get a cost estimate before we take that on. He then addressed the issue of self-insurance and quoted the following figures for annual rebates of premiums over claims received by the City’s General Fund: 2015-$781,000; 2016-$142,000; 2017-$821,000; 2019-$975,000; 2020 year to date-$586,000. He further stated that retiree insurance is an issue that we need to take on in the next year or two. He also commented that the City did not lose an existing police officer to Rainbow City but did lose a potential recruit to that city, which does have a slightly higher police officer pay scale than Athens. A public hearing was held to hear comments concerning the zoning application for sale of alcohol by Dollar General Store #5865. No one spoke in favor of or against. A public hearing was held to hear comments concerning the zoning application for sale of alcohol by K& B 1 Enterprises, dba: Market Street BP. No one spoke in favor of or against. A public hearing was held to hear comments concerning the zoning application for the sale of alcohol by Jay Kothgogad, Inc., dba: Jiffy Food Store #2. No one spoke in favor of or against. A public hearing was held concerning fixing and assessing costs associated with the demolition and abatement of an unsafe structure at 1505 South Houston Street. No one spoke in favor of or against. Councilman Harper introduced the following resolution:  RESOLUTION NUMBER 2020 - 1691 A RESOLUTION FIXING AND ASSESSING COSTS ASSOCIATED WITH THE DEMOLITION AND ABATEMENT OF AN UNSAFE STRUCTURE AT 1505 SOUTH HOUSTON STREET _______________________________________________ WHEREAS, this Resolution is authorized by § 46-280, et seq. of Article IX of Chapter 46 of the City Code of Athens, Alabama, and other state and local law, and/or § 11-40-30, et seq. of the Code of Alabama, in addition to other legal authority; WHEREAS, in Resolution No. 2020-1679, the Athens City Council required the demolition of an unsafe building or structure (herein referred to as the “Structure”) located at the following real property: Address: 1505 S Houston Street, Athens, AL 35611 PARCEL # 10-03-08-4-002-065.000 Legal Description The following land lying and being in Limestone County, Alabama, and more particularly described as follows: Lot 4 according to Map Number 4, Glenn Augur Subdivision, as set forth in Plat Book B, Page 22 in the office of the Judge of Probate of Limestone County, Alabama. (herein referred to as the “Property); WHEREAS, the demolition and removal was carried out; WHEREAS, persons who may hold a property interest in the Property include the following persons: Rodney Keith Bailey; and Asset Acceptance, LLC, as well as any and all unknown parties, including any persons claiming a present interest in the property described herein and including persons claiming any future, contingent, reversionary, remainder, or other interest therein, who may claim any interest in such property, such persons’ whereabouts being unknown and which cannot be ascertained with reasonable diligence; and WHEREAS, pursuant to Resolution No. 2020-1679, the City Clerk has presented this City Council with the report of Erik Waddell, the appropriate municipal official, (attached hereto as Exhibit A) of the costs associated with the demolition of the Structure so that this Council may adopt a resolution fixing all costs reasonably incurred in connection therewith and assessing such costs against the Property. THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA on July 20, 2020, at 5:30 P.M. p.m., as follows: 1. The report of costs associated with the demolition of the Structure on the Property and attached hereto as Exhibit A is accepted, and the costs shown therein are hereby fixed as reasonably incurred in connection therewith and assessed as costs against the Property.  2. The amount of $2,950.35 shall be a special and final assessment against the Property, and shall constitute a lien thereon. 3. A certified copy of this Resolution and its exhibits shall be filed with the Office of the Judge of Probate of Limestone County, Alabama. Previously, the City of Athens caused a “Finding of Public Nuisance, Notice and Order to Remedy, and Notice of Lis Pendens” to be filed with respect to this matter, to wit, on February 24, 2020, in RLPY Book 2020, Page 12556 in the Office of the Judge of Probate of Limestone County, Alabama. 4. Pursuant to Ordinance § 11-40-33 of the Code of Alabama, the City Attorney shall provide a certified copy of this Resolution and its exhibits to the Limestone County Revenue Commissioner, who shall add the amount of the lien to the next regular ad valorem tax bills for taxes levied against the Property, collect the same as if it were a tax, and remit the same to the City of Athens. Pursuant to § 11-40-35 and § 46-280, et seq. of Article IX of Chapter 46 of the City Code of Athens, Alabama, the City elects to have the revenue commissioner collect the assessment by adding it to the tax bill, and then collecting the assessment using all methods available for collecting ad valorem taxes. ADOPTED this the 20th day of July, 2020. /s/ Frank Travis PRESIDENT, CITY COUNCIL, CITY OF ATHENS, ALABAMA EXHIBIT A REPORT TO ATHENS CITY COUNCIL OF THE COST OF DEMOLITION OF STRUCTURE AT 1505 SOUTH HOUSTON STREET To: Athens City Council, Athens City Clerk This report of the costs associated with the demolition of a structure at 1505 South Houston Street, Athens, Alabama, shall be submitted to the Athens City Council at a regular meeting at 5:30 P.M. on July 13, 2020. At such time, the City Council shall hear the report, and thereupon may adopt a resolution fixing the costs which it finds to be reasonably incurred in the demolition and assessing those costs against the property. The demolition of the unsafe structure was called for by the Athens City Council in its Resolution No. 2020- 1679, dated May 11, 2020. The City of Athens, Alabama incurred the following costs associated with the demolition of the unsafe structure: Certified Mail/Mail Notice Costs $ 20.40 Lis Pendens Filing Fee $ 16.00 Publication Costs (Athens News Courier) $ 244.20 Title Search $ 150.00 Legal Fees $ 519.75 Demolition Costs (demolition) $ 2,000.00 ____________________________________________ GRAND TOTAL: $2,950.35 The motion was seconded by Councilman Wales and was unanimously carried. Diana Isom, 1867 Belmont Circle, addressed the Council concerning the need to remove the Confederate Statue from the Courthouse lawn. She stated that the statue is a sign of evil and stated that it is no different than having a German neighbor with a statue of Hitler on their lawn. She vowed to be at every Council meeting until the statue is removed. Mark Wilson, 18042 North Jefferson Street, Athens, addressed the Council stating that the Mayor has still not addressed the issue of the need for sidewalks on Highway 127. He further stated that the master plan from 2017 is corrupt and unjust and that it’s time for a new plan. He stated that he’d like to know who is responsible for making the 2017 map. Elvia Day, 29876 Wooley Springs Road, Toney, addressed the Council regarding the Confederate statue. She stated that up until this point, she has not protested in Athens but has done so in Madison and Huntsville. She also stated that the statue needs to come down. Councilman Wales 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 $ 304.02 January 1, 2020 – May 31, 2020 Lisa LaGrone Mileage $ 283.50 January 1, 2020 – May 31, 2020 The motion was seconded by Councilman Harper and was unanimously carried. Councilman Seibert introduced the following resolution: RESOLUTION NUMBER 2020 - 1692 To Execute Consulting Agreement For I-65 and Huntsville Browns Ferry Interchange Sewer System WHEREAS, the City of Athens w i s h e s t o p r o v i d e s e w e r s e r v i c e s f o r v a r i o u s p r o p e r t i e s within the City limits located at the I-65 and Huntsville Browns Ferry interchange, and WHEREAS, the K r e b s E n g i n e e r i n g h a s d e v e l o p e d m a s t e r p l a n s f o r s e w e r s e r v i c e i n t h i s a r e a a n d therefore has specific knowledge and understanding of the sewer needs in this area, WHEREAS, the City of Athens U t i l i t i e s , W a t e r S e r v i c e s D e p a r t m e n t recommends that t h e Krebs Engineering proposal for $173,000.00 to provide the design for the short-term sewer service at the noted location which has an immediate need for sewer service to facilitate d e v e l o p m e n t , and WHEREAS, this work is to be funded from the 2020 Series Revenue Bond issued by the Athens Utilities Water Services Department. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA, that: Section 1. William R. Marks, in his capacity as Mayor, is authorized to sign all t h e K r e b s Engineering proposal for consulting services related to the execution of the project described to facilitate short-term sewer services for the I-65 and Huntsville Browns Ferry interchange. Section 2. This resolution shall become effective immediately upon its adoption. Adopted and approved this 2 0 t h day of July, 2020. / /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 Harper and was unanimously carried. Councilman Wales introduced the following resolution: RESOLUTION NUMBER 2020 - 1693 To Execute Consulting Agreement For Canebrake Sewer Lift station Upgrades WHEREAS, the City of Athens w i s h e s t o e x t e n d a n d p r o v i d e s e w e r s e r v i c e s f o r t h e a r e a s surrounding and near the Canebrake sewer lift station, and WHEREAS, the K r e b s E n g i n e e r i n g h a s d e v e l o p e d m a s t e r p l a n s f o r s e w e r s e r v i c e i n t h i s a r e a a n d therefore has specific knowledge and understanding of the sewer needs in this area, WHEREAS, the City of Athens U t i l i t i e s , W a t e r S e r v i c e s D e p a r t m e n t recommends that t h e Krebs Engineering proposal for $98,900.00 to provide the design for upgrades to this lift station to provide capacity to extend sewer into surrounding areas to facilitate d e v e l o p m e n t a n d e c o n o m i c g r o w t h , and WHEREAS, this work is to be funded from the 2020 Series Revenue Bond issued by the Athens Utilities Water Services Department. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA, that: Section 1. William R. Marks, in his capacity as Mayor, is authorized to sign all t h e K r e b s Engineering proposal for consulting services related to the execution of the project described to facilitate the extension of sewer service in areas surrounding the Canebrake Sewer Lift station. Section 2. This resolution shall become effective immediately upon its adoption. Adopted and approved this 2 0 t h day of July, 2020. / /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 Harper introduced the following resolution:  RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA, to accept the low bid of $26,000.00 for a period 6 months from Jan-Pro for cleaning services at the new Athens Recreation Center. The motion was seconded by Councilman Seibert and was unanimously carried. Councilman Wales introduced the following resolution: RESOLUTION NUMBER 2020 - 1694 A RESOLUTION APPROVING THE ABANDONMENT OF A PRIVATE CEMETERY _______________________________________________ WHEREAS, Red Stick Partners, LLC seeks to abandon an old private cemetery (consisting of what appear to be two graves of persons buried in 1827 and 1845) located on its property along S & S Lane, located within the corporate limits of the city of Athens; WHEREAS, § 11-47-60 of the Code of Alabama requires that the City Council must give its consent to any declarations of abandonment of private cemeteries within the corporate limits of the City; WHEREAS, the City’s Public Works and Cemetery Departments are working with Red Stick Partners, LLC, in conjunction with Ordinance No 2020-2125, to facilitate the relocation of the small cemetery; WHEREAS, a map showing the location of the cemetery is appended hereto as Attachment A; WHEREAS, the Notice of Declaration of Abandonment of Cemetery, issued pursuant to § 11-47-60 of the Code of Alabama, advises as follows: NOTICE OF DECLARATION OF ABANDONMENT OF CEMETERY Unknown (Allen) Cemetery Notice is hereby given of the declaration of abandonment of lands for cemetery purposes and of the intention to remove the human bodies interred therein.The City of Athens, Alabama, in conjunction with Red Stick Partners, LLC, hereby gives notice that beginning on September 20, 2020, it will begin the process to remove the human remains then remaining at that grave site located at 11817 S and S Lane Tanner, Limestone County, Alabama within property owned by Red Stick Partners, LLC in Limestone County, Alabama, Section 3 Township 4S Range 4W, containing unmarked graves alleged to belong to Benjamin H. and Benjamin E. Allen who died in 1827 and 1846 respectively and for the removal of human remains interred therein to be reinterred to Roselawn Cemetery, located at 523 US Hwy 31 South in the City of Athens, Limestone County, Alabama in Section 9, Township 3S, Range 4W. At any time after the expiration of two months from and after the first publication of the notice of declaration of abandonment and removal required to be published under the provisions of Section 11-47-62 the human remains then remaining in said grave sites will be removed by The City of Athens. WHEREAS, the human remains from such cemetery will be relocated to Roselawn Cemetery; and WHEREAS, the City Council desires to issue its consent to the declaration of abandonment. THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA on July 20, 2020 at 5:30 PM, that, pursuant to § 11047-60 of the Code of Alabama, the City Council does hereby give its consent and approval to the abandonment of the cemetery described in this Resolution. ADOPTED and APPROVED this, the 20TH day of July, 2020. /s/ Frank Travis PRESIDENT, CITY COUNCIL, CITY OF ATHENS, ALABAMA  ATTACHMENT A The motion was seconded by Councilman Seibert and was unanimously carried. Councilman Seibert introduced the following resolution:  RESOLUTION WHEREAS, on January 13, 2020, the City Council approved a FY 2019 budget amendment to appropriate $1,650,000 for capital expenditures, of which $950,000 was allocated to the Public Works Department, leaving an unallocated balance of $700,000; and WHEREAS, on January 27, 2020, the City Council allocated $53,515.80 of the $700,000 balance to the Public Works Department to fund Aerial Photography Services for the GIS Consortium, leaving an unallocated balance of $646,484.20; WHEREAS, on March 10, 2020, the City Council allocated $320,000 of the $646,484.20 balance to the Information Technology and Cemetery, Parks and Recreation Departments, leaving an unallocated balance of $326,484.20; WHEREAS, on March 23, 2020, the City Council allocated $200,000 of the $326,484.20 balance to the Police Department, leaving an unallocated balance of $126,484.20; THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA, to allocate a portion of the remaining FY 2019 capital appropriation as follows: Information Technology Department $ 30,700 The motion was seconded by Councilman Harper and was unanimously carried. Councilman Harper introduced the following resolution: RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, AL to approve the purchase of backup software, storage device, storage media, support and related items at a cost NTE $21,600. These purchases will be made from TSA through the City’s Membership in the North Alabama Cooperative Purchasing Association (NACPA) and shall be funded from the unallocated fiscal year 2019 general fund surplus. 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, AL to approve the purchase of six (6) HP Elitebook laptop computers at a total cost NTE $9,100. These purchases will be made from TSA through the City’s Membership in the North Alabama Cooperative Purchasing Association (NACPA) and shall be funded from the unallocated fiscal year 2019 general fund surplus. The motion was seconded by Councilman Wales and was unanimously carried. Councilman Harper introduced the following ordinance: ORDINANCE NUMBER 2020 - 2126 ORDINANCE ABANDONING/VACATING A PORTION OF CERTAIN SEWER EASEMENTS NEAR BOX STREET _____________________________________________________________________ WHEREAS, Jacquelyn E. Schaffer, Denise E. Nash, Eric B. Elliott, and Joseph A. Elliott are the current owners of Lot No. 3 of Block C of the Belue Subdivision, as shown in Plat Book B, Page 79 in the Office of the Judge of Probate of Limestone County, Alabama, and as indicated by the deed recorded at RLPY BK 2007, PG 86776 in the Office of the Judge of Probate of Limestone County, Alabama, and the probate of the Estate of Joyce B. Elliott, deceased, Case No. 30-274 in the Probate Court of Limestone County, Alabama (such property is located adjacent to Box Street); WHEREAS, James Eric Chambers and Julia Ann Chambers are the current owners of Lot No. 4 of Block C of the Belue Subdivision, as shown in Plat Book B, Page 79 in the Office of the Judge of Probate of Limestone County, Alabama, and as indicated by the deed recorded at RLPY BK 2019, PG 77492 in the Office of the Judge of Probate of Limestone County, Alabama (such property is located adjacent to Box Street); WHEREAS, the boundaries of said Lot No. 3 and Lot No. 4 have been modified by a Certificate to Subdivide for the Estate of George Robert Elliott, recorded at RLPY BK 2019, PG 74902 in the Office of the Judge of Probate of Limestone County, Alabama; and a Certificate to Consolidate for the Estate of George Robert Elliott, recorded at RLPY BK 2019, PG 74906 in the Office of the Judge of Probate of Limestone County, Alabama; WHEREAS, pursuant to the above-referenced plat map of Belue Subdivision, there is a 10 foot wide “sewer easement” running northeasterly/southwesterly across the entire rear half of Lot No. 3 and a small portion of Lot No. 4) (the “Sewer Easement”); WHEREAS, the Sewer Easement is owned by the City of Athens, Alabama; WHEREAS, the City Council desires to abandon a portion of it; WHEREAS, the Council has examined the same and finds that such portion of such Sewer Easement is no longer needed for public or municipal purposes; and WHEREAS, the Council finds that the portion of the Sewer Easement described herein that is to be vacated is of no value or de minimis value, but that any administrative and legal costs of the City related to this Ordinance should be paid by the underlying owners in connection with this action. THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA, while in regular session on July 20, 2020, at 5:30 p.m., as follows: 1. The City expresses its intention to abandon/vacate the following described portion of the Sewer Easement:  2. The portion of the Sewer Easement described in Paragraph 1 is hereby vacated/abandoned. The Mayor is authorized to execute any such documents as may be needed to evidence such vacation/abandonment. A copy of this Ordinance may be recorded in the records of the Office of the Judge of Probate of Limestone County, Alabama. 3. No other easement(s) (or portion thereof) described in the above-referenced plat are vacated/abandoned by this Ordinance, whether or not such other easement(s) extend over, across, under or through the same real property as the easement (or portion thereof) abandoned/vacated hereby and described herein. Moreover, no other easement(s) (or portions thereof) that have been conveyed pursuant to a source other than those described herein are abandoned/vacated by this Ordinance, whether or not such other easement(s) extend over, across, under or through the same real property as the easements (or portions thereof) abandoned/vacated hereby. Finally, this Ordinance does not relate to or abandon/vacate any easement (or portion thereof) that lies on, over, under, or across any real property other than the real property described herein. 4. This Ordinance shall go into effect and shall be published upon the underlying owners’ payment of any and all administrative and legal costs associated with this Ordinance. ADOPTED this the 20th day of July, 2020 /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 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 Wales introduced the following resolution: RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF ATHENS, ALABAMA to add the following job description back to the Public Works Department:  City Planner, Manager 1, Job description approved, 9/27/2012 The motion was seconded by Councilman Harper and was unanimously carried. Councilman Harper introduced the following ordinance: STATE OF ALABAMA LIMESTONE COUNTY CITY OF ATHENS ORDINANCE NUMBER 2020 - 2127 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: 07/20/2020. Add the following job title from the list of unclassified positions for the PW Department: (1) City Planner, Manager 1 ADOPTED and APPROVED this, the 20th day of July, 2020. /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 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 NUMBER 2020 - 1695 WHEREAS, a regular municipal election has been called to be held on the 25h day of August, 2020, and a runoff election to be held, if necessary, on the 6th day of October, 2020, and WHEREAS, the Mayor of the City of Athens is a candidate in said election and is thereby disqualified to perform certain duties per Code of Alabama 1975, Now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA, that Annette Barnes, City Clerk, is hereby appointed to perform all the duties otherwise required to be performed by the Mayor, per Code of Alabama 1975, with respect to the municipal election to be held in the City of Athens on August 25, 2020 and if applicable, a run-off election on October 6, 2020. Adopted and approved this, the 20th day of July, 2020. /s/ Frank Travis PRESIDENT, CITY COUNCIL, CITY OF ATHENS, ALABAMA /s/ William R. Marks MAYOR, CITY OF ATHENS, ALABAMA /s/ Annette Barnes CITY CLERK, CITY OF ATHENS, ALABAMA The motion was seconded by Councilman Harper and was unanimously carried. * * * There being no further business to come before the meeting, Council President Travis asked if there were any objections to adjourning the meeting. There being none, the meeting was duly and properly adjourned. Travis /s/Frank Travis PRESIDENT, CITY COUNCIL ATTEST: /s/ Annette Barnes CITY CLERK