City Council

June 7, 2021 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 June 7, 2021 at 5:30 p.m. The meeting was called to order by Councilman Wayne Harper, President of the Council. Upon roll call, the following were found to be present: Councilmembers Wayne Harper, Harold Wales, Frank Travis, Chris Seibert and Dana Henry. Annette Barnes, City Clerk, was present and recorded the minutes of the meeting. Chris Seibert offered the invocation. Mayor Marks and Cole Anderson, a student at Athens State and current intern with the Mayor’s Office, led the Pledge of Allegiance. 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 May 24, 2021 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 May 24, 2021 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. Mayor Marks announced that a State Legislative Delegation Forum would take place at 8am at the Athens – Limestone Public Library on Tuesday, June 8, 2021. He also noted that the Lion’s Club announced that the Kiddie Carnival would take place this year from June 24th, 2021 to July 31st, 2021. Mayor Marks stated that a meeting will be held on Wednesday, June 9th, 2021 concerning recycling and what the next steps will be for the Recycling Center. The Mayor also announced that Earth Day was a great success. Christopher Dean, 706 North Marion Street, addressed the Council concerning internet services and lines being torn down by eighteen wheeler trucks. Council President Harper stated that he had contacted Michael Griffin, City Engineer, regarding the matter and that Mr. Griffin had made contact with AT&T and the truck owners. Brenda Moss, 1401 North Malone Street, Apartment 100A, Robert Apartments, addressed the Council concerning the development of a dog park at Pilgrim’s Park and not a splash pad for the children. She also commented about children not having shelter from the rain and cold when the school buses run. Council President Harper informed Ms. Moss that she would need to contact the City Board of Education regarding the bus matter. Councilman Wales expressed that he had received calls concerning the matter also. Councilwoman Dana Henry explained to Ms. Moss that she could find contact information for the City Board of Education on their website and thanked her for caring for the children in her area. Mrs. Henry addressed the splash pad issue and explained that it was not about one item being more important than another but trying to meet the needs of everyone. Councilman Seibert explained that the splash pad was a great idea and that the possibility was still open. Mayor Marks announced than within the next six to eight weeks, a master plan for the park would be submitted and that it included a splash pad, dog park and playground. Teresa Todd, 19880 Yarbrough Road, Athens, addressed the Council to remind everyone about the Annual Fireworks Show on the 4th of July. She explained that the cost was more than it had been in previous years and thanked the Council for their help to keep the show going. Councilman Seibert introduced the following resolution: RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA, to reappoint Jason Hennessee to the Industrial Development Board for a six year term, expiring on May 11, 2027. The motion was seconded by Councilman Travis 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 reappoint Kurt Leopard to the Industrial Development Board for a six year term, expiring on May 31. 2027. The motion was seconded by Councilman Travis 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 appoint Ray Neese to the Industrial Development Board for a six year term, expiring on June 7, 2027. The motion was seconded by Councilman Travis 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 reappoint Greg Greene to the Zoning Board of Adjustment for a three year term, expiring on June 26, 2024. The motion was seconded by Councilman Travis 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 reappoint Jerry Threet to the Athens Historic Preservation Commission for a three year term, expiring on June 22, 2027. The motion was seconded by Councilman Travis and was unanimously carried. Councilman Seibert introduced the following resolution: RESOLUTION NUMBER 2021 - 1746 WHEREAS, T-Mobile has requested to modify their equipment on an existing telecommunications facility located at 107 Stewart Drive, Athens, AL to provide wireless services essentially within the corporate limits of the City of Athens; WHEREAS, T-Mobile 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 T-Mobile 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 for the modification at this facility located at 107 Stewart Drive, Athens, AL, which consists of a 250-foot self-support tower; THEREFORE, BE IT RESOLVED by the City Council of the City of Athens, Alabama that T-Mobile is hereby granted a Special Use Permit to modify their equipment at 107 Stewart Drive, Athens, AL. 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 a 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. T-Mobile may petition the City of an extension of this for good cause shown, but the decision whether to grant the extension shall exclusively be the prerogative of the City. 2. T-Mobile 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. The Certificate of Occupancy shall not be issued until all fees and costs associated with this Permit, including inspections, have been paid. 5. The provision of the Certificate of Completion for this work shall be a pre-condition for any future modifications of any kind by this carrier, at this facility. ADOPTED this 7th day of June, 2021 /s/ Wayne Harper 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 Travis and was unanimously carried. Councilman Seibert introduced the following resolution: RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA, to approve the purchase of two 2021 Dodge Ram 1500 Half Ton Four Wheel Drive pickups and two 2021 Dodge Ram 2500 Three Quarter Ton Four Wheel Drive pickups from Stivers CDJR of Prattville, Alabama for the Gas Department. The motion was seconded by Councilman Travis and was unanimously carried. The following resolution was made for “Introduction Only” by Councilman Travis on 5/24/2021: RESOLUTION NUMBER 2021 - 1747 A RESOLUTION CONCERNING THE ESTABLISHMENT OF TAX INCREMENT FINANCING DISTRICT NUMBER 3 WHEREAS, the City Council of the City of Athens, Alabama is committed to the revitalization of economically distressed and blighted areas within the city limits, and recognizes the importance of eliminating such conditions in order to foster economic development;  WHEREAS, eliminating such conditions and fostering economic development also promotes public health and the well-being of the City’s citizens; WHEREAS, economically distressed and/or blighted areas at, near and adjacent to the Highway 72 corridor, west of Interstate 65, are in need of rehabilitation; WHEREAS, although the area in question has recently seen a new residential subdivision proposed just south of Forrest Street, the area at issue has never experienced the type of economic development reasonably expected for its proximity to an Interstate 65 interchange, and there are presently vacant properties and undeveloped, open areas that would benefit from new public improvements; WHEREAS, the absence of such public improvements (including roadway, sidewalk, lighting, and intersection improvements) substantially arrests or impairs the sound economic growth of this area; WHEREAS, § 11-99-1, et seq. of the Code of Alabama allows cities to create tax increment financing districts to aid cities with the city’s costs of certain redevelopment and rehabilitation projects; WHEREAS, generally speaking, these tax increment financing districts capture the increase in property taxes from the increase in property values associated with the city’s project and transfer that funding increase to the benefit of the city, which uses those funds to assist it in financing the cost of the project; WHEREAS, the City Council previously directed that the Mayor issue the legal notices and take other action required by law in order to enable the City Council to consider the establishment of a tax increment financing district in this area; WHEREAS, the Mayor has issued such notices and conducted a meeting on May 19, 2021 with representatives of the deferred tax recipients in connection with the proposed tax increment financing district, whose governing bodies have been provided by mail with copies of the proposed project plan referenced herein; WHEREAS, at this meeting, the City Council’s May 24, 2021 regular meeting, the City Council has held a public hearing at which all interested persons were afforded a reasonable opportunity to express their views, and notice of such public hearing had been previously published twice in the Athens News Courier pursuant to law; and WHEREAS, pursuant to and under the authority of § 11-99-1, et seq. of the Code of Alabama, in order to assist the City with financing the cost of the expenditures associated with roadway improvements, sidewalk improvements, lighting improvements, and roadway intersection improvements in and along the new tax increment district, as well as other related expenses that the City may incur in connection with public infrastructure and redevelopment in the area, the City Council wishes to create a tax increment financing district that will include the tax parcels that make up the tax increment district as shown in the Tax Increment Financing District Number 3 Plan. THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS at its regular meeting on June 7, 2021, as follows: 1. The district that is referred to in the Tax Increment Financing District Number 3 Plan set forth in Attachment A shall be known as the Tax Increment Financing District Number 3. 2. The Tax Increment Financing District Number 3 encompasses the area according to the map and boundary description set forth in Attachment A hereto, which description is incorporated into this Resolution by reference. 3. The Athens City Council hereby certifies that: a. Not less than 50 percent, by area, of the real property within Tax Increment Financing District Number 3 is a blighted or economically distressed area and is in need of rehabilitation or conservation work; b. The aggregate value of equalized taxable property in Tax Increment Financing District Number 3 plus all existing districts created by the public entity does not exceed 10 percent of the total value of equalized taxable property within the public entity; c. The Tax Increment Financing District Number 3 on the whole has not been subject to growth and development through investment by private enterprise and it is not reasonable to anticipate that the land in the district will be developed without the adoption of the project plan; d. No individuals, families, and/or businesses will be displaced by the project; e. The project plan conforms to the City of Athens’s master plan; and f. The project plan will afford maximum opportunity, consistent with the sound needs of the City, for the rehabilitation or redevelopment of the Tax Increment Financing District Number 3 by private enterprise.  4. Pursuant to § 11-99-3 of the Code of Alabama, the Athens City Council hereby adopts the Tax Increment Financing District Number 3 Plan set forth in Attachment A hereto, and incorporates the contents of the same in this Resolution by reference. 5. Pursuant to § 11-99-3 of the Code of Alabama, the said Tax Increment Financing District Number 3 is hereby created and established on June 1, 2021, the first day of the month immediately following the adoption of this resolution and it will endure for a period of twenty (20) years, unless it is dissolved sooner by this Council or by its successor. ADOPTED this the 7th day of June, 2021. /s/ Wayne Harper PRESIDENT, CITY COUNCIL, CITY OF ATHENS, ALABAMA ATTACHMENT A Tax Increment Financing District Number 3 Plan INTRODUCTION There is an area of commercial disinvestment and vacant residential properties located along US Highway 72, from just east of Lowes to the I-65 interchange, north to Forrest Street and approximately 1.25 miles south of US Highway 72. The area of concern also contains numerous commercial and public properties that are vacant or undeveloped, in a state of decline, or are not attractive for development due to a lack of access to public improvements. The lack of development and economic growth of the commercial and residential properties along this corridor has been stunted by the lack of sustainable public investment in existing built-out properties and vacant parcels alike. In order to promote private development and economic growth along this corridor, this Plan is proposed by the City of Athens to implement strategic projects along this stretch of highway and adjacent streets, such as enhancing the existing dilapidated infrastructure (through drainage, lighting, streets, sidewalks, and other improvements) to make this area more desirable for investment and development. These public improvements, when placed along this corridor, will promote private investments in local development and redevelopment and spur economic growth in an area that is in a state of physical decline and economic stagnation, while enhancing the real or perceived experience of private citizens that utilize this area on a regular basis. The promotion of redevelopment and development of these sites and the implementation and upgrade of existing and new city services and public infrastructure, will stimulate the removal and remediation of blighted property and directly contribute to the economic development of the entire area. The financing of the cost for this Plan will be partially met by the implementation of Tax Increment Financing. Tax Increment Financing is a method of funding public investments in a specific area slated for redevelopment by recapturing all or a portion of the increased tax revenue that may result if the redevelopment stimulates private investment. As the private investments continue to increase the tax base within the specified area, the increased revenue is placed in a fund to be used for special projects within the redevelopment area. Pursuant to § 11-99-4 of the Code of Alabama, the Athens City Council will take up a resolution relating to the establishment of the Tax Increment Financing District Number 3 (referred to as “TIFD3” in this and accompanying documents). The tax increment to be captured by this resolution will be used to implement portions of these plans. Included in this document is a description of the planned improvements along with details concerning their location, costs, and method of financing. The timing of the costs and monetary obligations to be incurred are dependent on factors related to actual development of the projects contained herein and the possibility of a bond or warrant financing. A map delineating the boundaries of the TIFD3 and depicting existing improvements on and conditions of the real property within the TIFD3 is included in this Plan. There are currently no proposed changes to ordinances or resolutions affecting the TIFD3, and no families or businesses will be displaced or relocated as a result of the Plan. The Plan will not require any changes in zoning or to the master map plan, or building code. The City Council, through the adoption of the resolution creating the TIFD3, would certify the following: a. That the proposed tax increment district on the whole has not been subject to growth and development through investment by private enterprise and it is not reasonable to anticipate that the land in the district will be developed without the adoption of the project plan. b. No individuals, families, or business will be displaced by the project and thus no method for relocation and compensation of displaced persons has been established. c. That the Plan developed herein conforms to the master plan of the City. d. That the Plan will afford maximum opportunity, consistent with the sound needs of the City as a whole, for the rehabilitation or redevelopment of the tax increment district by private enterprise. Upon approval of the TIFD3 by the City Council, the Mayor and City Clerk would be authorized and directed to open an account and to pay debts incurred by the TIFD3. In addition, the City would have the authority to issue and sell bonds or warrants as needed to finance the projects outlined in the project plan as well as any amended thereto. The costs of issuing the bonds or warrants and engaging professional services to do so could also be paid by the tax increment. Powers not specifically given to the City or its agents would be granted for the implementation of the TIF plan provided they are allowed by law. The installation of infrastructure and other improvements as contemplated by this Plan are expected to have the general impact of significantly increasing property values within the TIFD3, which will result in an increase in property tax revenues. The current total market value of the property in the District, according to the Limestone County Revenue Commissioner, is approximately $14,186,600.00.1 If the Plan is carried out, that value is reasonably estimated to increase, 1 This number is based on the Limestone County Tax Assessor’s total combined assessed value of the properties in the District. over and above any normal change in value, as the project improvements are constructed, resulting in a commensurate increase in taxes. BOUNDARY DESCRIPTION The TIFD3 boundaries stretch along US Highway 72, from just east of Lowes to the I-65 interchange, north to Forrest Street and approximately 1.25 miles south of US Highway 72. A depiction of the TIFD3 is shown in the Maps section of this Plan. The following tax parcels will be included in the TIFD3: Tax Parcel Numbers 1) 10 05 16 1 001 001.000 35) 10 05 15 2 000 001.006 2) 10 02 09 4 000 001.000 36) 10 05 15 2 000 011.000 3) 10 02 10 3 000 013.000 37) 10 05 22 2 000 002.000 4) 10 02 10 3 000 014.000 38) 10 05 22 0 000 003.000 5) 10 05 15 2 000 014.000 6) 10 02 10 2 001 001.000 7) 10 05 15 2 000 017.000 8) 10 05 16 1 001 002.000 9) 10 05 15 2 000 015.000 10) 10 05 15 2 000 016.000 11) 10 05 15 2 000 001.001 12) 10 02 10 3 000 015.000 13) 10 05 16 1 001 003.000 14) 10 05 16 1 001 002.001 15) 10 05 15 2 000 020.000 16) 10 05 15 2 000 018.000 17) 10 05 15 2 000 021.000 18) 10 05 15 3 000 002.000 19) 10 05 15 2 000 002.019 20) 10 05 15 2 000 002.020 21) 10 05 15 2 000 002.012 22) 10 05 15 3-000 002.003 23) 10 05 15 2 000 002.000 24) 10 05 15 2 000 002.010 25) 10 05 15 2 000 002.021 26) 10 05 15 2 000 002.022 27) 10 05 15 2 000 002.009 28) 10 05 15 3 000 002.004 29) 10 05 15 2 000 002.013 30) 10 05 15 2 000 002.014 31) 10 05 15 2 000 002.018 32) 10 05 15 2 000 002.011 33) 10 05 15 2 000 009.000  34) 10 05 15 2 000 001.016 PROJECT PLAN Kind, Number, and Location of Proposed Works While the City’s intention is not to make improvements on private property, the Plan envisions strategically placed public improvements serving as a catalyst for private economic development on undeveloped land and existing neighborhoods around the periphery of the outlined district. This has potential to involve building streets, sidewalks, signal/intersection improvements, parking areas, lighting improvements, utility improvements (electrical, water, gas, and sewer) drainage improvements, and landscape improvements. A discussion of the proposed works and their costs are shown below. (There are no expected nonproject costs.) Extension of entrance road from the Forrest Street Subdivision to Athens-Limestone Drive The Forrest Street Subdivision layout plan was approved by the Planning Commission in February 16, 2021. The extension of the proposed entrance road from its approved terminus to Athens Limestone Drive would allow for a future connection to the commercial properties along Athens-Limestone Drive and US Highway 72. A future connection would require the property owner to the south of the Forrest Street Subdivision to participate in the construction of the roadway connection. The City expects an increase of traffic along the corridor associated with the Plan. This is due to an increase in housing options in this area of Athens that would potentially utilize the existing road systems and the availability of property along this corridor that is correctly zoned for commercial and residential development and/or redevelopment. The extension of the Forrest Street Subdivision entrance road from its approved terminus to Athens-Limestone Drive would help to promote development on properties that currently have limited access and visibility. The estimated cost of this improvement is $569,915.20. Sidewalk Improvements The City realizes that the area around the west side I-65 Exit 351 has been slower to develop while other commercial areas within the city of similar circumstance have received a significant amount of growth. The difference between the locations and success of development is access to public improvements and infrastructure. The City expects to invest in sidewalk improvements within the project boundaries in order to promote walkability and increase the quality of life of residents that utilize the commercial businesses on or adjacent to US Highway 72 by providing safe walkable connections. The estimated cost of this improvement is $657,179.97. Swan Creek pedestrian bridge crossing along north side of US Highway 72 The proposed sidewalk improvements along the north side of US Highway 72 will require a pedestrian bridge crossing across Swan Creek in order to connect to the existing trailhead. Providing a pedestrian connection to the Swan Creek trailhead on US Highway 72 will encourage increased utilization of the Swan Creek Greenway trail system from the existing hotel and retail commercial uses to the east. The improvements related to the pedestrian bridge crossing and sidewalk extension along US Highway 72 would also allow for multiple modes of transportation in this area. The estimated cost of this improvement is $800,000.00. US Highway 72 Lighting Improvements Currently, the lighting along the portion of US Highway 72 within the project area is sporadic and non-cohesive. The Plan seeks to bring a cohesive lighting design throughout the TIF District. The current state of economic and physical decline accompanied by the lack of visible public infrastructure of the district lends itself to a perception of danger, which encourages economic disinvestment. Having a sporadic, non-cohesive lighting plays into that public perception of this district. Investing funds to address this issue will serve as a catalyst for the removal of the perceived stigma within this area and invite development and redevelopment within the outlined district. The estimated cost of this improvement is $1,001,026. US Highway 72 & Braly Boulevard/Athens- Limestone Drive Intersection Improvements The current intersection at US Highway 72 & Braly Boulevard/Athens-Limestone Drive is experiencing a substantial amount of traffic volume due to the surrounding commercial businesses that utilize the intersection for access. Improvements to this intersection, that include the addition of sidewalks and pedestrian crossings, would allow for more safe and efficient management of traffic converging at this point and would also allow for the multiple modes of transportation in this area that would promote further development on properties that currently have limited site frontage and access opportunities. The estimated cost of this improvement is $735,750.00. Proposed extension of Braly Boulevard to an interchange connection with I-65 southbound between US Highway 72 and Strain Road The properties south of the intersection US Highway 72 & Braly Boulevard/Athens-Limestone Drive have seen little to no development activity. These properties, also known as the Swan Creek Commercial Area, represent a substantial amount of land that has a future land use that promotes high intensity/density commercial and multi-use development. The improvements related to the extension of Braly Boulevard to the south and the creation of an interchange connection along southbound I-65 would allow for improved connectivity and accessibility to make this area more desirable for investment and development. The estimated cost of this improvement is $2,940,181.82. Method of Financing Tax Increment Financing The costs of the proposed improvements will be met (as least in part) from income generated within the TIFD3 Fund and from Tax Increment Obligations to be issued by the City. Additional revenue may be provided for the TIFD3 Fund from other public and private sources to include, but not limited to, the general fund of the City of Athens, Community Development Block Grant Funds, private foundation funds, and State appropriations. The funds generated from the various sources may be used on a “pay-as-you-go” basis, may be used to reimburse monies that the City will expend on these projects (if the funds are not yet available for the “pay-as- you-go” basis), or, if market conditions permit, bonds may be issued to be paid from the anticipated income of the TIFD3 Fund. The costs and monetary obligations discussed above will be incurred commencing in late 2021 and extending throughout 2022 and beyond, until the completion of the projects. Maps TIFD3 BOUNDARY The TIFD3 will consist of the real property as shown in the map below, which also depicts the existing uses and condition of the real property in the district: Proposed Improvements This map shows a general location of the projects proposed within the TIFD3. This conceptual drawing shows the extension of the entrance road from the proposed Forrest Street Subdivision to the southern property line for future connection to Athens-Limestone Drive. This conceptual drawing shows the area for the construction of a pedestrian bridge crossing across Swan Creek along US Highway 72 This conceptual drawing shows the area for potential improvements to the intersection of US Highway 72 & Braly Boulevard/Athens- Limestone Drive This conceptual drawing shows the area for future extension of Braly Boulevard and an interchange connection for I-65 southbound between US Highway 72 and Strain Road CONCLUSION  This plan is written and adopted to conform with § 11-99-1, et. seq. of the Code of Alabama. Any portion in conflict with this or any other statute shall not affect the part which remains valid but shall be considered severable. The motion was seconded by Councilman Seibert and was unanimously carried. Councilman Wales introduced the following resolution: RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA to authorize the Mayor or his designee to submit an application to United States Department of Justice, Office of Community Oriented Policing Services (“COPS”) for a COPS Hiring Program grant. The grant will be written by Terry Acuff at no cost to the City of Athens. The grant if awarded, would provide funding for the hiring of up to seven (7) entry level career law enforcement officers for a period of three years with a 25% match to be provided by the City. The federal share (75%) of the cost to employ one officer is capped at $125,000 per officer over a three year period. The motion was seconded by Councilwoman Henry and was unanimously carried. Councilwoman Henry introduced the following resolution: RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA, to authorize the Mayor to enter into an agreement with Gonzalez Strength & Associates for the design and CE&I for Lindsay Lane Extension and Lindsay Lane/HSV-Brownsferry improvements. The CE&I budget is $18,000 and shall be funded from the City of Athens Capital Improvement Fund. Councilmember Wales 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, Henry 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 Henry thereupon moved that the resolution 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, Henry and Harper; NAYS: None. The President thereupon announced that the motion for the adoption of the said resolution had been unanimously carried. Councilman Travis introduced the following resolution: RESOLUTION NUMBER 2021 - 1748 A RESOLUTION CONCERNING TOYOTA BOSHOKU AMERICA, INC. _______________________________________________ WHEREAS, on April 22, 2019, the City of Athens entered into a Tax Abatement Agreement with Toyota Boshoku America, Inc. (the “Company”), relating to the abatement of certain state and local non-educational taxes; WHEREAS, the Company has requested that the City permit it to assign portions of the benefits of that agreement to Toyota Boshoku AKI USA, LLC, an Alabama limited liability company; WHEREAS, this assignment would not alter the total amounts or investments related to the agreement, but would accurately recognize the contributions to the project from different corporate entities working with the Company to accomplish the project; and  WHEREAS, the Athens City Council has no objection to the assignment, finding that it promotes the interests of the City with respect to the agreement and that it serves a valuable public purpose. THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA on June 7, 2021 at 5:30 p.m., as follows: 1. The Mayor of the City is hereby authorized and directed, in the name of and for account of the City, to consent to the Partial Assignment of Abatement Agreement, by and between Toyota Boshoku America, Inc. and Toyota Boshoku AKI USA, LLC, in substantially the form as shown and attached hereto as Attachment 1. 2. The Mayor is authorized to take actions and execute such other and further documents as may be necessary to effect and carry out the transactions contemplated by this Resolution and/or the agreements referenced herein, including but not limited to approving and executing further agreement(s) that are consistent with and involved in carrying out the transactions contemplated by this Resolution. ADOPTED this the 7th day of June, 2021. /s/ Wayne Harper PRESIDENT, CITY COUNCIL, CITY OF ATHENS, ALABAMA ATTACHMENT 1 The motion was seconded by Councilman Seibert and was unanimously carried. * * * There being no further business to come before the meeting, Council President Harper asked if there were any objections to adjourning the meeting. There being none, the meeting was duly and properly adjourned. /s/Wayne Harper PRESIDENT, CITY COUNCIL ATTEST: /s/ Annette Barnes CITY CLERK