City Council

November 22, 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 November 22, 2021 at 5:30 p.m. The meeting was called to order by Councilman Chris Seibert, President of the City Council. Upon roll call, the following were found to be present: Councilmembers Wayne Harper, Frank Travis, Chris Seibert, and Harold Wales. Councilmember Dana Henry was absent. Annette Barnes-Threet, City Clerk, was present and recorded the minutes of the meeting. Harold Wales offered the invocation. Mayor Marks 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 November 8, 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 Harper and was unanimously carried. The Chairperson stated that the Minutes of the November 8, 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 Harper and was unanimously carried. Mayor Marks announced that the Veteran’s Day Program was a wonderful event for anyone that attended. He then announced that Lee Greenwood was present for an event, Home for Heroes, held by Breland Homes, on Lindsay Lane South that presented a free home to a veteran and his wife. Mayor Marks also announced that Buc-ee’s held a ground breaking for their new location. He noted that Merchant’s Alley held a tree lighting during the Christmas Open House on the Square over the weekend. The Mayor also noted that the Christmas Tree Lighting on the Square will be held at 5pm on December 2nd, 2021, along with the Christmas Parade beginning at 6pm. Mayor Marks attended church with Pastor Willie Byrd to celebrate his 65th birthday on Sunday, November 21st. The Mayor mentioned that many people were upset about the Wellness Center pool closing and said that he believes that the pool is important for our community. He also remarked that he had received a copy of the Infrastructure Bill and that he would keep everyone informed. Mayor Marks announced that the Relay for Life team will hold a Swamp John’s fundraiser on December 14th, 2021 at the Athens Senior Center. He then asked Council President Seibert to consider changing the time for the December 13th City Council Work Session Meeting to 4:30pm for a presentation concerning the Master Plan of Pryor Park. City Attorney, Shane Black, wished everyone a Happy Thanksgiving. Councilman Wales echoed Mr. Black and wished everyone a Happy Thanksgiving. He also thanked the employees for all of their hard work and stated that he was very proud that the Council will be giving the full-time employees a bonus. Councilman Travis thanked James Rich, Public Works Director, and the department for addressing issues that were raised at the last meeting. He also asked for an update on Jimmy Gill Park. Mayor Marks stated that playground equipment had been ordered months ago and had not been received. The Mayor said that he would keep Mr. Travis updated. Councilman Harper wished everyone a safe and Happy Thanksgiving. He mentioned that he would like to see the drop-off boxes around town cleaned up and asked Chief Johnson to check into it. Mayor Marks stated that he had sent pictures on numerous occasions to the corporate office. He said that he would follow up on the matter. Council President Seibert wished everyone a Happy Thanksgiving. He echoed the Mayor regarding Open House on the Square and stated that Pammie Jimmar is doing a great job and is an asset to our community. He noted that it was the best Open House that the City of Athens has ever had. He also mentioned that the pool at the Wellness Center is a business decision and that the City would do what they can to help out. Council President Seibert then asked if anyone would like to address the City Council. There being none, Mr. Seibert began the meeting. Councilman Harper introduced the following resolution:  RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA, reschedule the regular Council meeting on December 27, 2021 to December 20, 2021 at the same place and time. 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 at 5:30PM on December 13, 2021 to review the request to rezone +/-13 acres (7 acres of green space & 6 acres of building area) located on the east side of Lindsay Lane, directly east of the Cambridge Place townhome development from R-1-1 (Low Density Single Family Residential) to R-2 (Multiple-Family Residential District) and ALSO the adoption of the Master Plan for Lindsay Lane Townhomes (Phase 3). (Cambridge Ventures, LLC) 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 reappoint Lillie Bledsoe to the Athens Housing Authority for a five year term, expiring on December 2, 2026. The motion was seconded by Councilman Wales and was unanimously carried. Councilman Wales introduced the following ordinance: ORDINANCE NUMBER 2021 - 2196 AN ORDINANCE GRANTING A FRANCHISE TO COMCAST OF ALABAMA, LLC WHEREAS, the City Council of the City of Athens, Alabama, for consideration as set forth herein, desires to permit Comcast of Alabama, LLC to traverse the public rights of way in and across the City, upon the conditions as stated herein; and WHEREAS, Comcast of Alabama, LLC is an Alabama limited liability company, with its principal address at 1701 John F Kennedy Boulevard, Philadelphia, PA 19103. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA while in regular session on November 22ND, 2021 at 5:30 p.m., as follows: Section 1. The words “the City” as used herein mean the City of Athens, in the State of Alabama, as it is now constituted and as it may hereafter be extended or enlarged. The word “Comcast” as used herein mean Comcast of Alabama, LLC. Section 2. In consideration of the benefits to accrue to the City, the City, pursuant to Section 220 of the Constitution of Alabama and other applicable law, extends the rights, authority, privileges, and franchises hereinafter set forth. Section 3. Comcast is hereby given, granted and vested with the non-exclusive right, consent, and franchise to use the streets, avenues, alleys, ways, bridges, and public rights of way in the City in order to construct, own, maintain, operate, extend, and enlarge cables, wires, and associated appliances for the transmission of data for furnishing video programming or other programming service, as set forth in more detail and subject to the limitations expressed herein.  Section 4. Notwithstanding the above, the right, consent, and franchise granted herein is expressly limited such that it shall be granted only where the placement of Comcast’s cables, wires, and associated appliances shall be on or upon the poles of the Electric Department of the City of Athens, Alabama under such terms and conditions as may be agreed to by and between Comcast and the Electric Department of the City of Athens, Alabama in a separate agreement. However, this Ordinance shall not be construed so as to extend to Comcast any right, consent, franchise, authorization, or permission to place any cables, wires, associated appliances, or other items of any kind upon the pole of the Electric Department of the City of Athens, Alabama, and any such authorization must be the subject of a separate document. Section 5. The right, consent, and franchise granted herein shall not be used by Comcast to provide services to any residents within the City, and the right to provide such services through the use of the public rights of way is neither requested nor granted. This Ordinance shall not be construed so as to extend to Comcast any right, consent, franchise, authorization, or permission to operate a “cable system” within the City as defined under federal law, and as such this Ordinance shall not be governed by the restrictions and regulations governing franchises of “cable systems” found in Title 47, Chapter 5, Subchapter V-A, Part III of the United States Code, as amended. Section 6. With respect to all of its activities and operations within the corporate limits of the City, Comcast shall comply with any and all municipal codes, standards, ordinances, and laws of the City, as they now exist or are hereafter enacted or amended, expressly including but not limited to those concerning the use of the City’s streets, avenues, alleys, bridges, or public rights of way in the City, as they now exist or may hereafter be amended. Section 7. Comcast’s cables, wires, and associated appliances shall be so laid, set, or constructed as not to unreasonably interfere with the proper use of the streets, alleys, avenues, ways, bridges, viaducts, underpasses, and public rights of way in the City, and shall be maintained in reasonably good condition and repair. Section 8. Comcast shall indemnify, defend, protect and save harmless the City, its agents, officers, and employees, from and against any and all claims and demands for damages to property and injury or death to persons, which may arise out of or be caused by the erection, maintenance, presence, operation, use, removal, or abandonment of said Comcast’s cables, wires, and associated appliances or by the proximity of the same to any of equipment or facilities belonging to the City or to other persons; provided that the City shall give Comcast written notice of its obligation to indemnify and defend the City as soon as possible and no later than thirty (30) days of receipt of a claim or action pursuant to this Section 8. Comcast shall carry insurance, to protect the City from and against any and all claims, demands, actions, judgment, costs, expenses and liabilities of every name and nature which may arise or result directly or indirectly, from or by reason of such loss, injury or damage. The amounts of such insurance against liability due to damage to property, to injury or death of persons as to any one accident shall be in the amount of $1,000,000.00. Comcast shall also carry such insurance as will protect it from all claims under any Workmen’s Compensation Laws in effect that may be applicable to it. All insurance required shall be kept in force by Comcast for the entire life of the franchise described herein and the company or companies issuing such insurance shall be licensed to do business in the State of Alabama. Comcast shall submit to the City certifications by each company insuring Comcast to the effect that it has insured Comcast for all liabilities of the City under this agreement and that it will not cancel, change nor fail to renew any policy of insurance issued to Comcast except after thirty (30) days notice to the City. Section 9. Comcast’s cables, wires, and appliances, in each and every location, shall be erected and maintained in accordance with the requirements and specifications of the National Electrical Safety Code, and any amendments or revisions of said code or practices, and in compliance with any rules or orders now in effect or that hereafter may be issued by the City of Athens, Alabama, or any other authority having jurisdiction, that are generally applicable to all users of the public rights of way. Section 10. For its use of the rights and privileges granted hereunder, within forty-five (45) days of its acceptance of this Ordinance, Comcast shall remit to the City a payment of $80,000.00. This amount shall be attributable to Comcast’s use of the rights and privileges granted herein for the period from January 1, 2021 through December 31, 2028, at a rate of $10,000 per year. The City acknowledges that Comcast has previously remitted and the City has received payments totaling $20,000, which amount was attributable to Comcast’s use of the rights and privileges granted herein for the period from January 1, 2018 through December 31, 2020. Section 11. Comcast shall not assign, transfer, sublease, or sell the rights and privileges granted hereunder without the prior, express, and written consent of the City.  Section 12. This franchise shall be deemed to be a complete amendment and replacement of the prior franchise between the parties, relating to Ordinance No. 2008-1695 of the City. This franchise shall be deemed to be made so that it is made retroactively effective on May 1, 2018. This franchise shall continue in effect until December 31, 2028, or until termination in accordance with any of the terms herein. Either the City or Comcast may terminate this franchise by giving the other party at least one (1) year written notice. The franchise may be renewed for additional five-year terms on such terms and conditions as may be mutually acceptable to City and Comcast. Section 13. This Ordinance shall be published in accordance with the applicable provision of Ala. Code § 11- 45-8 (1975). Such publication shall be done by the City Clerk of the City, and thereafter the City Clerk shall enter upon the minutes of the City, immediately after the place where this Ordinance is recorded, a certificate setting forth that such Ordinance was published in accordance with the terms hereof and the laws of the State of Alabama. The expense of such publication shall be paid by Comcast. Section 14. Comcast shall file a written acceptance of the franchise with the City Clerk within fourteen (14) days after the date of this Ordinance. The acceptance shall specifically state that Comcast agrees to be bound by and observe and carry out the terms and conditions of this Ordinance and the franchise granted hereby. The franchise shall go into effect only when the acceptance has been filed, upon filing by Comcast of written acceptance, this Ordinance shall constitute a contract between the City and Comcast. Section 15. If any part, section or subdivision of this Ordinance shall be held unconstitutional or otherwise invalid for any reason, such holding shall not be construed to invalidate or impair the remainder of this Ordinance, which shall continue in full force and effect notwithstanding such holding. Section 16. This Ordinance shall become effective upon its adoption as provided by law, and upon the acceptance of Comcast as set forth in Section 14. ADOPTED this the 22nd day of November, 2021. /s/ Chris Seibert 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 Harper moved that unanimous consent be given for immediate consideration of and action on said ordinance, which motion was seconded by Councilmember Travis, and upon the said motion being put to vote the following vote was recorded: YEAS: Councilmembers Seibert, Wales, Travis, 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 Travis and upon the said motion being put to vote the following vote was recorded: YEAS: Councilmembers Seibert, Wales, Travis, and Harper; NAYS: None. The President thereupon announced that the motion for the adoption of the said ordinance had been unanimously carried. Council President Seibert announced that the proposed ordinance regarding property at 16487 Oakdale Rd., that was previously introduced by Councilman Wales at the November 8th, 2021 meeting, would be tabled until the December 13th, 2021 meeting. Councilman Wales introduced the following resolution:  RESOLUTION NUMBER 2021 - 1776 A RESOLUTION CONCERNING PREMIUM PAY FOR CITY OF ATHENS EMPLOYEES WHEREAS, premium pay for essential workers, which offers additional support to those who have and will bear the greatest health risks because of their service in critical infrastructure sectors, is a qualified expenditure of Coronavirus State and Local Fiscal Recovery Funds; WHEREAS, the City Council desires to use a portion of these federal funds in order to establish premium pay for its essential workers, as specified in more detail herein; WHEREAS, this premium pay will be a lump-sum salary supplement for prospective services to be rendered for an upcoming pay period, as set forth herein; and WHEREAS, the City Council finds and determines that this program has for its objective, a public purpose involving the promotion of public health, safety, morals, security, prosperity, contentment and the general welfare of the community. THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA on November 22nd, 2021 at 5:30 p.m., as follows: 1. The City Council finds and determines as follows: a. All of the City’s regular full-time employees are workers who have been and continue to be relied on to maintain the continuity of operations of essential critical infrastructure sectors, including those who are critical to protecting the health and wellbeing of their communities; b. that, as contemplated by Section 603(g)(2) of the American Rescue Plan Act, all of the City’s regular full- time employees are eligible workers, meaning that they are all ‘‘those workers needed to maintain continuity of operations of essential critical infrastructure sectors and additional sectors” as each entity may designate as critical to protect the health and well-being of the residents;’’ c. the operations of the City’s regular governmental operations are hereby designated as critical to protect the health and well-being of the residents of the City; d. all of the City’s regular full-time employees are essential workers in critical infrastructure sectors who regularly perform in-person work, interact with others at work, or physically handle items handled by others (e.g., none of the City’s employees are presently “working remotely” or “teleworking”, and all of them are regularly interacting in-person with members of the general public);  e. the premium pay authorized by this Resolution responds to workers performing essential work by addressing the heightened risk to workers who must be physically present at a jobsite and, for many of whom, the costs associated with illness are the hardest to bear financially; f. as required by the American Rescue Plan Act, the premium pay authorized by this Resolution will not increase a worker’s total wages and remuneration above one hundred fifty percent (150%) of Alabama’s average annual wage for all occupations, as defined by the Bureau of Labor Statistics’ Occupational Employment and Wage Statistics (i.e., above $70,260.00); g. the expenditures authorized by this Resolution will help promote the public health, safety, morals, security, prosperity, contentment and the general welfare of the City; and h. a public purpose is served by the expenditures authorized by this Resolution by incentivizing certain essential workers of the City to maintain the continuity of the City’s operations. 2. For their work during the upcoming two-week pay period beginning on December 5, 2021 and ending on December 18, 2021, each full-time employee of the City shall receive an additional $1,000.00 over and above their regular and normal pay for that period. Such amount shall be paid to said employee after such pay period has concluded, so long as the employee has remained employed by the City during the entire pay period. 3. No employee shall receive such additional compensation to the extent that such payment would increase a worker’s total wages and remuneration for calendar year 2021 above one hundred fifty percent (150%) of Alabama’s average annual wage for all occupations, as defined by the Bureau of Labor Statistics’ Occupational Employment and Wage Statistics (i.e., above $70,260.00). No employee shall receive such additional compensation if such worker’s total wages and remuneration for calendar year 2021 equals or exceeds $70,260.00. 4. The Mayor may issue such rules and regulations as he deems reasonably necessary in order to implement this Resolution. 5. The funds in support of this Resolution are authorized to be expended solely from the City’s allocation of Coronavirus State and Local Fiscal Recovery Funds. ADOPTED this the 22nd day of November, 2021. /s/ Chris Seibert PRESIDENT, CITY COUNCIL, CITY OF ATHENS, ALABAMA Councilmember Travis 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 Travis introduced the following resolution: RESOLUTION NUMBER 2021 - 1777 A RESOLUTION CONCERNING 2021-22 MUNICIPAL APPROPRIATIONS/CONTRACTS AND THIRD PARTY NON-GOVERNMENTAL ENTITIES _______________________________________________ WHEREAS, by this Resolution, the City Council of the City of Athens appropriates various funds, through contracts, to non-governmental entities who serve various public purposes benefitting the citizens of Athens; WHEREAS, the City of Athens is authorized by law to establish, operate, maintain, or contract with others to operate and maintain public cultural facilities consisting of museums, libraries, art galleries, art centers, music halls, and related facilities, all to the end of making cultural facilities available to the public, pursuant to § 11-47-16 and § 11-90-1 of the Code of Alabama, and other authorities; WHEREAS, the City of Athens is authorized by law to provide music, tournaments, shows, educational activities, recreational activities, and other exhibitions for the amusement of the inhabitants of the City; and to plan, establish, and furnish recreational, social and cultural facilities, services and programs, including transportation services and programs (especially for senior citizens), pursuant to § 11-47-19 and § 11-80-5 of the Code of Alabama, and other authorities; WHEREAS, the City of Athens is authorized by law to promote the economic and industrial development of the municipality; to develop, advertise, and promote the resources of the municipality; and to advertise the municipality and any function or undertaking of the municipality, pursuant to § 11-47-9 and § 11-47-11 of the Code of Alabama, and other authorities; WHEREAS, the City of Athens is authorized by law to maintain the health and cleanliness and the City; and improve its public parks, grounds, and boulevards, pursuant to § 11-47-130 and § 11-47-19 of the Code of Alabama, and other authorities; WHEREAS, the City of Athens is authorized by law to safeguard the public health and promote sanitation within the corporate limits of the municipality; to make appropriations for public health work; and to make appropriations to aid hospitals, rehabilitation centers, and other related health care institutions in maintaining and taking care of the sick and wounded, pursuant to § 22-3-11 and § 22-21-2 of the Code of Alabama, and other authorities; WHEREAS, the City of Athens is authorized to adopt measures to provide for the safety, preserve the health, promote the prosperity, and improve the morals, order, comfort and convenience of the inhabitants of the City; and WHEREAS, the City Council finds that action on each of the items listed below serves a valuable public purpose that has for its objective the promotion of public health, safety, morals, security, prosperity, contentment, and/or the general welfare of the community. THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA on November 22, 2021 at 5:30 p.m., as follows: 1. The Mayor or City Clerk is directed to enter into a contract with Dr. Robert Pitman, D.V.M., an independent contractor, acting as the coordinator of the “SNYP” program, in such form and manner that is acceptable to the same, and, further, that the City will pay up to $ 5,000 in furtherance of the “SNYP” program, a program for the sterilization of the cats and dogs within Limestone County, Alabama. Thereafter, the Mayor/City Clerk is authorized to release said funds at his discretion. 2. The Mayor or City Clerk is directed to enter into a contract with the Boys & Girls Clubs of North Alabama, in such form and manner that is acceptable to the same, whereby the City will pay $ 15,000 as an appropriation in exchange for the planning, establishment, and furnishing of recreational, social and cultural facilities, services and programs made available and open to the youth of the City. Thereafter, the Mayor/City Clerk is authorized to release said funds at his discretion. 3. The Mayor or City Clerk is directed to enter into a contract with the Athens Limestone County Tourism Association, Inc., in such form and manner that is acceptable to the same, whereby the City will pay $ 90,000 as an appropriation in exchange for activities promoting the economic and industrial development of the municipality; developing, advertising, and promoting the resources of the municipality; and advertising the municipality and functions or undertakings of the municipality both within and without the corporate limits. Thereafter, the Mayor/City Clerk is authorized to release said funds at his discretion. 4. The Mayor or City Clerk is directed to enter into a contract with the Athens Limestone County Beautification Board, in such form and manner that is acceptable to the same, whereby the City will pay $ 6,000 as an appropriation in  exchange for maintaining the health and cleanliness of the City; and improving its public parks, grounds, and boulevards. Thereafter, the Mayor/City Clerk is authorized to release said funds at his discretion. 5. The Mayor or City Clerk is directed to enter into a contract with Keep Athens Limestone Beautiful (KALB), in such form and manner that is acceptable to the same, whereby the City will pay $ 25,000 as an appropriation in exchange for maintaining the health and cleanliness of the City; and improving its public parks, grounds, and boulevards. Thereafter, the Mayor/City Clerk is authorized to release said funds at his discretion. 6. The Mayor or City Clerk is directed to enter into a contract with the Athens-Limestone County Family Resource Center, in such form and manner that is acceptable to the same, whereby the City will pay $ 20,000 as an appropriation that is intended to assist in funding its operation of educational activities, recreational activities, social services and programs open to all city residents. Thereafter, the Mayor/City Clerk is authorized to release said funds at his discretion. 7. The Mayor or City Clerk is directed to enter into a contract with the Athens-Limestone Learn-To-Read, in such form and manner that is acceptable to the same, whereby the City will pay $ 7,000 as an appropriation that is intended to assist in funding its operation of educational activities programs open to all city residents. Thereafter, the Mayor/City Clerk is authorized to release said funds at his discretion. 8. The Mayor or City Clerk is directed to enter into a contract with the Athens Main Street, in such form and manner that is acceptable to the same, whereby the City will pay $ 35,000 as an appropriation in exchange for activities promoting the economic and industrial development of the municipality; developing, advertising, and promoting the resources of the municipality; and advertising the municipality and functions or undertakings of the municipality both within and without the corporate limits. Thereafter, the Mayor/City Clerk is authorized to release said funds at his discretion. 9. The Mayor or City Clerk is directed to enter into a contract with the Mental Health Center of North Central Alabama, Inc. in such form and manner that is acceptable to the same, whereby the City will pay $ 10,000 as an appropriation in exchange for public health work. Thereafter, the Mayor/City Clerk is authorized to release said funds at his discretion. 10. The Mayor or City Clerk is directed to enter into a contract with the Athens Recycling Center (which is itself a division of Keep Athens Limestone Beautiful) in such form and manner that is acceptable to the same, whereby the  City will pay $ 60,000 as an appropriation in exchange for recycling services. Thereafter, the Mayor/City Clerk is authorized to release said funds at his discretion. 11. The Mayor or City Clerk is directed to enter into a contract with the Athens-Limestone Children’s Advocacy Center in such form and manner that is acceptable to the same, whereby the City will pay $ 10,000 as an appropriation in exchange for social services work. Thereafter, the Mayor/City Clerk is authorized to release said funds at his discretion. 12. The Mayor or City Clerk is directed to enter into a contract with the Alabama Veteran’s Museum, in such form and manner that is acceptable to the same, whereby the City will pay $ 15,000 as an appropriation in exchange for activities concerning the operation and maintenance of the Alabama Veteran’s Museum, to the end of making it available and open to the public. Thereafter, the Mayor/City Clerk is authorized to release said funds at his discretion. 13. The Mayor or City Clerk is directed to enter into a contract with The ARC of Alabama, Inc. (Athens/Limestone ARC), in such form and manner that is acceptable to the same, whereby the City will pay $ 8,000 as an appropriation in exchange for the planning, establishment, and furnishing of recreational, social and cultural facilities, services and programs for persons in the City with cognitive, intellectual, and developmental disabilities. Thereafter, the Mayor/City Clerk is authorized to release said funds at his discretion. 14. The Mayor or City Clerk is directed to enter into a contract with The Athens-Limestone Community Association, in such form and manner that is acceptable to the same, whereby the City will pay $ 8,000 as an appropriation in exchange for the planning, establishment, and furnishing of recreational, educational, social and cultural facilities, services and programs for the Citizens of Athens. Thereafter, the Mayor/City Clerk is authorized to release said funds at his discretion. 15. The Mayor or City Clerk is authorized to expend up to $ 5,000 in connection with operating costs of the Retired and Senior Volunteer Program (R.S.V.P.) transportation services program for the elderly of the City. ADOPTED this the 22nd day of November, 2021. /s/ Chris Seibert PRESIDENT, CITY COUNCIL, CITY OF ATHENS, ALABAMA The motion was seconded by Councilman Harper and was unanimously carried. Councilman Harper introduced the following resolution:  RESOLUTION NUMBER 2021 - 1778 A RESOLUTION CONCERNING 2021-22 MUNICIPAL APPROPRIATIONS FOR VARIOUS GOVERNMENTAL AGENCIES AND PURPOSES _______________________________________________ WHEREAS, by this Resolution, the City Council of the City of Athens appropriates various funds for governmental purposes and governmental entities who serve various public purposes benefitting the citizens of Athens; and WHEREAS, the City Council finds that action on each of the items listed below serves a valuable public purpose that has for its objective the promotion of public health, safety, morals, security, prosperity, contentment, and/or the general welfare of the community. THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA on November 22, 2021 at 5:30 p.m., as follows: 1. The Mayor or City Clerk is directed to appropriate $ 130,000 to the Athens Limestone Public Library, to assist in funding its operating expenses. The Mayor/City Clerk is authorized to release said funds at his discretion. 2. The Mayor or City Clerk is directed to appropriate $ 18,000 to the Houston Memorial Library, to assist in funding its operating expenses. The Mayor/City Clerk is authorized to release said funds at his discretion. The Mayor or City Clerk is further authorized to expend up to $ 10,000 in connection with the maintenance of the public library and museum. 3. The Mayor or City Clerk is directed to appropriate $ 15,000 to the Healthcare Authority of Athens & Limestone County, to assist in funding its operation of a transportation program available to city residents in need of kidney dialysis treatment. The Mayor/City Clerk is authorized to release said funds at his discretion. ADOPTED this the 22nd day of November, 2021. /s/ Chris Seibert PRESIDENT, CITY COUNCIL, CITY OF ATHENS, ALABAMA The motion was seconded by Councilman Travis and was unanimously carried. Councilman Travis introduced the following resolution: RESOLUTION NUMBER 2021 - 1779 A RESOLUTION CONCERNING THE ABATEMENT OF A STRUCTURE AT 716 WESTMORELAND AVENUE  WHEREAS, at its meeting on September 13, 2021, this City Council adopted Resolution #2021-1764, calling for the demolition of an unsafe structure located at 716 Westmoreland Avenue; WHEREAS, the owner of the structure filed an appeal of the City Council’s order to the Circuit Court of Limestone County, Alabama, in CV No. 44-CV- 900-211; WHEREAS, the City has reached an agreement with the owner that will result in either the demolition of the structure or the abatement of the unsafe conditions by February 1, 2022; and WHEREAS, the City Council wishes to authorize the Mayor to enter into that agreement. THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA on November 22, 2021 at 5:30 p.m., as follows: 1. The Mayor is authorized, for and on behalf of the City of Athens, to enter into a written agreement with the owner of the structure located at 716 Westmoreland Avenue, whereby (a) the unsafe conditions shall be abated by no later than February 1, 2022; (b) if the conditions are abated by such date, then the case shall be dismissed and there will be no further action taken to demolish under Resolution #2021-1764; (c) if the conditions are not abated by that date to the satisfaction of the City, then the City shall demolish the structure and assess its costs against the property pursuant to Resolution 2021-1764, and the case shall be dismissed; and (d) such further terms as the Mayor may determine which are not incompatabile with the foregoing. 2. The Mayor is authorized to take all actions and execute such other and further documents as may be necessary to effect and carry out the transactions contemplated by this Resolution. ADOPTED this the 22nd day of November, 2021. /s/ Chris Seibert PRESIDENT, CITY COUNCIL, CITY OF ATHENS, ALABAMA The motion was seconded by Councilman Wales and was unanimously carried. Councilman Travis introduced the following ordinance: ORDINANCE NUMBER 2021 - 2197 AN ORDINANCE REGARDING THE SALE OF REAL PROPERTY LOCATED ALONG CLYDE MABRY DRIVE WHEREAS, the City of Athens and Limestone County, Alabama jointly own real property situated along Clyde Mabry Drive, consisting of approximately 10.4 acres of undeveloped land, and more particularly described as follows: Lot 5 of the Final Plat of Thirty-One Commercial Park Addition No. 2 (the “Property”);  WHEREAS, all or part of this property is located in the “Athens and Limestone County Highway 31 Industrial Park”; WHEREAS, the City desires to sell, on terms approved by the Athens City Council, the Property for industrial or commercial use by the buyer of the Property; WHEREAS, the City Council finds that the purchase price for the property is a fair, adequate and reasonable price, and that this Ordinance does not involve the lending of credit, granting of public funds or thing of value in aid of any private entity; WHEREAS, the City Council finds that this Property is no longer needed for public or municipal purposes; and WHEREAS, this Ordinance is authorized by Section 94.01 of the Constitution of Alabama, and other applicable law. THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA, while in session on November 22ND, 2021 at November, as follows: Section 1. The Mayor, on behalf of the City of Athens, is authorized to enter into a contract to sell the Property to Grantland Properties, LLC upon the following terms: (i) purchase price of $200,000; (ii) earnest money of $5,000; (iii) the Property will be subject to a restrictive covenant, in favor of City and County, for a term of fifteen (15) years, limiting the use of the Property to a veterinary hospital and related offices; (iv) transfer by statutory warranty deed; (v) a sixty (60) day due diligence period; (vi) closing to occur within 30 days after due diligence period; (vii) the buyer shall pay for all closing expenses; (viii) for fifteen (15) years after the closing, neither the Property, nor any part of it, may be sold or transferred, unless the City and County shall first have an option to repurchase the Property (or part of it); and (ix) such other and additional terms as the Mayor may prescribe, that are not inconsistent herewith. Section 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 Ordinance. Section 3. The Mayor is authorized to take the above actions only if the Mayor determines that a substantially similar resolution or other measure approving such sale has been adopted by the Limestone County Commission. ADOPTED this the 22nd day of November, 2021. /s/ Chris Seibert 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 Harper 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 Travis 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 Harper introduced the following ordinance: ORDINANCE NUMBER 2021 - 2198 AN ORDINANCE REGARDING A PURCHASE AND SALE AGREEMENT WITH GREGORY INDUSTRIES, INC. WHEREAS, the City of Athens is the owner of certain real property north of Airport Road and west of the CSX Railroad that consists of approximately eighty-three (83) acres of undeveloped land in the Elm Industrial Park area (the “Property”), and Limestone County, Alabama also owns an interest in the same; WHEREAS, Gregory Industries, Inc. (“Gregory”) desires to purchase the Property for the price of $2,075,000.00; WHEREAS, the City Council specifically finds that the above price would be an adequate and fair consideration for the Property, and constitutes the fair market value for the Property; WHEREAS, the City Council finds that Gregory states that it would purchase the Property for the construction and operation of an industrial facility for the manufacture and production of steel products, such as tubing, strut, and highway safety barriers, involving an estimate $30,000,000 capital investment over the next five years, with over 100 jobs created; WHEREAS, the Property is no longer needed for public or municipal purposes; and WHEREAS, this sale of the Property is authorized by § 94.01 of the Constitution of Alabama of 1901 and/or § 11- 47-20 of the Code of Alabama. THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA, while in session on November 22ND, 2021 at November, as follows:  1. It is declared that Gregory’s purchase of the Property would be for the purpose of constructing, developing, equipping and/or operating industrial facilities. Alternatively, it is declared that the Property is no longer needed for municipal or public purposes. 2. The Mayor is directed to cause the Property to be sold to Gregory (or one of its affiliated corporate entities) upon the following terms: (i) a sale of the Property for $25,000.00 per acre; (ii) the deposit of $25,000.00 in earnest money by Gregory; (iii) no financing required to close; (iv) no real estate broker involvement; (v) a due diligence period for Gregory (including provisions for review of title and survey); (vi) closing to occur within 30 days after the due diligence period; (vii) delivery of a statutory warranty deed at closing, free of any mortgages, liens, or encumbrances; (viii) Gregory to pay for all survey costs; title examination, commitment and premium costs; and (ix) such other terms and conditions that the Mayor may determine that are not inconsistent therewith. The Mayor is authorized to do so through the execution, ratification, and/or performance of a “Purchase and Sale Agreement”, and any amendment thereto, containing these terms. 3. 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, including the terms of the Purchase and Sale Agreement and any amendment thereto. This authority includes, but is not limited to, the expenditure and use of municipal funds as set forth in the Purchase and Sale Agreement and any amendments; and approving and executing agreement(s) with Limestone County concerning operational details, logistics, and allocation of costs/responsibilities as between the City and County, that are consistent with and involved in carrying out the transactions contemplated by this Resolution. 4. The Mayor is further directed, upon all parties’ execution of the Purchase and Sale Agreement, on behalf of the City, to terminate and/or modify any existing farm lease relating to the Property. 5. The Mayor is authorized to take the above actions only if the Mayor determines that a resolution or other measure has been adopted by the Limestone County Commission, confirming the sale and/or transfer of such portion of the Property that is owned by Limestone County, upon substantially similar terms. ADOPTED this the 22nd day of November, 2021. /s/ Chris Seibert 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 Travis 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 Travis and upon the said motion being put to vote the following vote was recorded: YEAS: Councilmembers Seibert, Wales, Travis, and Harper; NAYS: None. The President thereupon announced that the motion for the adoption of the said ordinance had been unanimously carried. Councilman Wales introduced the following resolution: RESOLUTION NUMBER 2021 - 1780 This resolution made this 22 day of November, 2021 (the Effective Date) by the City Council of Athens, AL(the Granting Authority), to grant a tax abatement to Gregory Industries (the Company). WHEREAS, the Company has announced plans for a (check one): ☒ new project or ☐ major addition to their existing facility (the Project), located within the jurisdiction of the Granting Authority; and WHEREAS, pursuant to the Tax Incentive Reform Act of 1992 (Section 40-9B-1 et seq., Code of Alabama 1975) (the Act), the Company has requested from the Granting Authority an Abatement of (check all that apply): ■ all state and local non-educational property taxes, ■ all construction related transaction taxes, except those local construction related transaction taxes levied for educational purposes or for capital improvements for education, and /or ¨ all mortgage and recording taxes; and WHEREAS, the Company has requested that the abatement of state and local non-educational property taxes (if applicable) be extended for a period of 10 years, in accordance with the Act; and WHEREAS, the Granting Authority has considered the request of the Company and the completed applications (copy attached) filed with the Granting Authority by the Company, in connection with its request; and WHEREAS, the Granting Authority has found the information contained in the Company’s application to be sufficient to permit the Granting Authority to make a reasonable cost/benefit analysis of the proposed project and to determine the economic benefits to the community; and WHEREAS, the construction of the project will involve a capital investment of $31,325,000; and WHEREAS, the Company is duly qualified to do business in the State of Alabama, and has powers to enter into, and to perform and observe the agreements and covenants on its part contained in the Tax Abatement Agreement; and WHEREAS, the Granting Authority represents and warrants to the Company that it has power under that constitution and laws of the State of Alabama (including particularly the provisions of the Act) to carry out provisions of the Tax Abatement Agreement; NOW THEREFORE, be it resolved by the Granting Authority as follows:  Section 1. Approval is hereby given to the application of the Company and abatement is hereby granted of (check all that apply): ■ all state and local non-educational property taxes, ■ all construction related transaction taxes, except those construction related transaction taxes levied for educational purposes or for capital improvements for education, and /or ¨ all mortgage and recording taxes as the same may apply to the fullest extent permitted by the Act. The period of abatement for the non-educational property taxes (if applicable) shall extend for a period of 10 years measured as provided in Section 40-9B-3(a)(12) of the Act. Section 2. The governing body of the Granting Authority is authorized to enter into an abatement agreement with the Company to provide for the abatement granted in Section 1. Section 3. A certified copy of this resolution, with the application and abatement agreement, shall be forwarded to the Company to deliver to the appropriate local taxing authorities (if applicable) and to the Alabama Department of Revenue in accordance with the Act. Section 4. The governing body of the Granting Authority is authorized to take any and all actions necessary or desirable to accomplish the purpose of the foregoing of this resolution. I hereby certify that the above and foregoing was duly adopted by the City Council of Athens, AL at a meeting held on the 22 day of November, 2021. /s/ Chris Seibert 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 Harper and was unanimously carried. * * * There being no further business to come before the meeting, Council President Seibert asked if there were any objections to adjourning the meeting. There being none, the meeting was duly and properly adjourned. /s/Chris Seibert PRESIDENT, CITY COUNCIL ATTEST: /s/ Annette Barnes CITY CLERK