City Council

November 14, 2022 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 14, 2022 at 4:30 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 Chris Seibert, Harold Wales, James E. Lucas, Dana Henry and Wayne Harper. Annette Barnes-Threet, City Clerk, was present and recorded the minutes of the meeting. Dana Henry offered the invocation. Mayor Marks was accompanied by Blythe Menefee, Youth Commissioner, and Dawson Zorio, member of Troop 240, in leading 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 October 24, 2022 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 October 24, 2022 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 Christmas Open House on the Square will be Friday, November 18th – Sunday, November 20th, 2022. Councilman Lucas stated that he had received calls about striping Nuclear Plant Road and asked everyone to be patient and that it is on the calendar. Councilwoman Henry thanked Athens Fire and Rescue for allowing Pack 24 Cub Scouts to visit and stated that the boys had a great time and learned a lot. Mrs. Henry also wanted to recognize the passing of Wilburn Taylor, a decorated Vietnam Veteran. Council President Seibert echoed Mayor Marks’ remarks. PUBLIC HEARING TO HEAR COMMENTS CONCERNING THE ZONING APPROVAL FOR THE SALE OF ALCOHOL BY SHRI SHANI SAI, INC. DBA: USA MINI MART, 17785 US HWY 72, ATHENS, AL, 35611 No one spoke in favor of or against. The public hearing was closed. Councilwoman Henry introduced the following resolution: RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA, to reschedule the regular City Council meeting on December 26th, 2022 to December 19th, 2022 at the same time and place. The motion was seconded by Councilman Wales 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 approve the following travel/education expenses for the City Clerk’s office: Lisa Brooks Mileage - Business License Field Audits  April 2022 through October 2022 $ 303.77 The motion was seconded by Councilman Wales 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 approve the payment of budgeted travel/education expenses for the specified Water Services employees in the total amount of $1,277.25. Marc Courville ADEM Surface Water Meeting $780.69 (Water Services) Wetumpka, AL October 25-27, 2022 Brian Daniel ADEM Surface Water Meeting $260.66 (Water Services) Wetumpka, AL October 25-26, 2022 Roger Miller ADEM Surface Water Meeting $235.90 (Water Services) Wetumpka, AL October 25-26, 2022 The motion was seconded by Councilman Wales 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 approve the following applicant for a “SPECIAL EVENTS Retail On Premises Consumption” alcohol license. Athens-Limestone Hospital Foundation Event: Starlight Ball Special Event Location: Alabama Veterans Museum & Archives 114 Pryor St., W. Athens, AL 35611 Event Date: December 31, 2022 The motion was seconded by Councilman Wales 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 approve the following applicant for a “Off Premises Lounge Liquor-Class I” alcohol license. Business Name: MAA UMIYA INC. Dba: Liquor Cave 2 Address: 935 US Hwy 72 E Athens, AL 35611 The motion was seconded by Councilman Wales and was unanimously carried. Councilwoman Henry introduced the following resolution:  RESOLUTION NUMBER 2022 - 1849 A RESOLUTION SETTING A PUBLIC HEARING TO CONSIDER WHETHER TO VACATE A PORTION OF A PUBLIC ALLEY BETWEEN MCARTHUR DRIVE AND SWEET SUE DRIVE WHEREAS, this resolution relates to a part of a public alleyway between McArthur Drive and Sweet Sue Drive, and more particularly described as follows: (the “Public Way”); WHEREAS, for the aid of the reader, a general depiction of the Public Way is shown on Exhibit A hereto, in the shaded area labeled as “0.029 ACRES”; WHEREAS, generally speaking, the Public Way is a portion of the 20 foot wide public alleyway lying between Sweet Sue Drive and McArthur Drive, also described the public alleyway lying between Lindbergh Circle and Bee Line Highway as shown in Plat Book A, Page 40, in the Office of the Judge of Probate of Limestone County, Alabama; WHEREAS, SHERRY SAMPSON, the owner of property adjoining the Public Way has proposed that the Public Way be vacated; and WHEREAS, the City proposes to vacate the Public Way pursuant to § 23-4-1, et seq. of the Code of Alabama. THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA while in regular session on Monday, November 14, 2022 at 5:30 p.m. as follows: 1. A public hearing is hereby scheduled for December 19, 2022, at 4:30 p.m., at the City Council Chambers in the City Hall of the City of Athens, Alabama, located at 200 Hobbs Street West, Athens, Alabama 35611, concerning what action shall be taken on the issue of the proposed vacation of the Public Way. 2. The Mayor and the City Attorney shall cause notice of the proposed action, public hearing, and other relevant matters to be published, posted and served pursuant to § 23-4-2(a) of the Code of Alabama. ADOPTED this the 14th day of October, 2022. /s/ Chris Seibert PRESIDENT, CITY COUNCIL, CITY OF ATHENS, ALABAMA EXHIBIT A The motion was seconded by Councilman Wales 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 set a public hearing for the regular meeting at 4:30pm on December 12, 2022 to review the request of Justin Davis of RDM3, LLC, on behalf of David Ames, to annex +/- 2.01 acres of property located approximately 750’ east of the intersection at US Hwy 72 and W Washington Street, on the north side of the roadway, into the city and zone the property as B-2 General Business District, within the corporate limits of the City of Athens. The motion was seconded by Councilman Wales 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 set a public hearing for the regular meeting at 4:30pm on December 12, 2022 to review the request of WEScorp, LLC to rezone +/- 0.5 acres of property located at 15573 Bab Daly Road, from R-1-1 (Low Density Single Family Residential District) to B-2 (General Business District), within the corporate limits of the City of Athens. The motion was seconded by Councilman Wales 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 set a public hearing for the regular meeting at 4:30pm on December 12, 2022 to review the request of Hasting Road, LLC to rezone +/- 0.5 acres of property located at 15543 Bab Daly Road, from R-1-1 (Low Density Single Family Residential District) to B-2 (General Business District), within the corporate limits of the City of Athens. The motion was seconded by Councilman Wales 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 set a public hearing for the regular meeting at 4:30pm on December 12, 2022 to review the request of Jay Dharati, Inc. to rezone +/- 2.0 acres of property located at 24999 US Hwy 72, to B-2 (General Business District), within the corporate limits of the City of Athens. The motion was seconded by Councilman Wales and was unanimously carried, Councilman Wales introduced the following resolution: RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF ATHENS, ALABAMA to adopt the attached organizational chart for the Water Services Department, which includes 56 regular status positions. 1. Water Services Director 2. Deputy Director 3. Engineer  4. Operations Administrator 5. Manager Logistics & Strategic Asset Management 6. Wastewater Treatment Plant Superintendent 7. Water Treatment Plant Superintendent 8. Collections Superintendent 9. Distribution Superintendent 10. Process Maintenance Superintendent 11. Wastewater Treatment Plant Chief Operator 12. Water Treatment Plant Chief Operator 13. Collections Supervisor (2) 14. Distribution Supervisor 15. Wastewater Treatment Plant Operators (7) 16. Water Treatment Plant Operators (4) 17. Collections Technicians (12) 18. Distribution Technicians (14) 19. Process Maintenance Technicians (4) 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 ATHENS, ALABAMA, to adopt the attached organizational chart for the City Clerk/Treasurer Department, which includes the following 17 full-time positions: 1. City Clerk – Treasurer 2. Revenue Officer 3. Payroll Accountant (2) 4. Cash Management/Finance Accountant (2) 5. Municipal Court Administrator 6. Magistrate 7. Utilities Director of Finance 8. Utilities Accounting Supervisor 9. Utilities Plant Accountant 10. Utilities Payroll Accountant 11. Purchasing Manager 12. Warehouse Supervisor 13. Warehouse Technician (3) The motion was seconded by Councilman Lucas and was unanimously carried. Councilman Lucas introduced the following resolution: RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF ATHENS, ALABAMA to adopt the attached organizational chart for the Gas Department, which includes which includes the following 39 full-time positions: 1. Manager, Gas Department 2. Operations Supervisor 3. Construction Supervisor (3) 4. Construction & Drilling Supervisor 5. Drilling Installer/Operator (2) 6. Regulatory Compliance Coordinator 7. GIS Administrator  8. GIS Technician (2) 9. Gas Pipeline Inspector (2) 10. Service Installers (9) 11. Equipment Operators (4) 12. Measurement Technicians (6) 13. Locator Technicians (3) 14. Administrative Assistant 15. Building Maintenance Technician The motion was seconded by Councilman Harper and was unanimously carried. Councilman Lucas introduced the following resolution: RESOLUTION NUMBER 2022 - 1850 AUTHORIZING AND APPROVING MATCH COMMITMENT TO PRYOR FIELD REGIONAL AIRPORT CDBG & ARC GRANT APPLICATIONS WHEREAS, the City of Athens is a partial owner of Pryor Field Regional Airport along with Limestone County Commission, Morgan County Commission, and the City of Decatur, AND WHEREAS, Pryor Field Regional Airport is in need of critical wastewater infrastructure improvements to support business attraction and job creation within the aviation and aeronautics industries, AND WHEREAS, grant funding for such infrastructure improvements is available through the State of Alabama (ADECA) Community Development Block Grant (CDBG) Program Economic Development fund and through the Appalachian Regional Commission (ARC) Southern Automotive & Aeronautics Workforce (SAAW) fund, AND WHEREAS, Pryor Field Regional Airport is located in Limestone County so the Limestone County Commission is required to be the applicant on behalf of the Airport in order for the Airport to be eligible for these funding opportunities, AND WHEREAS, the City of Athens concurs with objectives, needs, and programmatic activities of both the CDBG and ARC program proposals prepared by Pryor Field Regional Airport. NOW, THEREFORE BE IT RESOLVED BY THE CITY OF ATHENS: 1. That the City is supportive of Pryor Field Regional Airport’s proposal to apply for $1,000,000.00 of CDBG ED funding and $1,000,000.00 of ARC SAAW funding to support the creation of 250 jobs and $25 million in leveraged private investment. 2. That, per funding requirements, the City, as one of four co-owners of Pryor Field Regional Airport, shall pledge $59,691.25 in local match funding to support the wastewater infrastructure investment and business development opportunity at the Airport. The City’s share of the local match will be funded from the City’s Contingency Fund. ADOPTED THIS THE 14th DAY OF NOVEMBER, 2022. /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 resolution, which motion was seconded by Councilmember Wales, and upon the said motion being put to vote the following vote was recorded: YEAS: Councilmembers Seibert, Wales, Lucas, 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 Lucas thereupon moved that the resolution be finally adopted, which motion was seconded by Councilmember Henry and upon the said motion being put to vote the following vote was recorded: YEAS: Councilmembers Seibert, Wales, Lucas, Henry and Harper; NAYS: None. The President thereupon announced that the motion for the adoption of the said resolution had been unanimously carried. Councilman Wales introduced the following resolution: RESOLUTION NUMBER 2022 – 1851 A RESOLUTION TO DEANNEX +/- 3.26 ACRES LOCATED ON THE SOUTH SIDE OF MOYERS ROAD, APPROXIMATELY 1,500’ WEST OF US HIGHWAY 31, PARCEL # 44-10-08-33-0-000-007.003, IN A LIGHT INDUSTRIAL DISTRICT. WHEREAS, on July 13, 2022, Betty Messer and Angie Wilson petitioned the City to de-annex approximately +/- 3.26 acres of property from the City Limits of Athens; WHEREAS, on September 9, 2022, the City of Athens Planning Commission unanimously recommended the request be submitted to The City Council with staff’s recommendation of NOT deannexing; and WHEREAS, § 11-42-200 of the Code of Alabama provides that whenever in the opinion of the City Council, the public health or public good requires that the corporate limits of the city be reduced, the council may pass a resolution providing for the same. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA, AS FOLLOWS: SECTION 1. The City Council of the City of Athens, Alabama finds and declares as the legislative body of the City that the public health and the public good requires the removal of the territory in Section 2 of this Resolution from the City Limits of the City of Athens, Alabama and that such removal is in the best interest of the citizens of the City and the affected area. SECTION 2. The boundary lines of the City of Athens, Alabama, are hereby altered or rearranged so as to exclude therefrom the following described territory, to wit: A tract of land containing 3.26 Acres more or less and being situated in the Northwest Quarter of the Northwest Quarter of Section 33. Township 3 South. Range 4 West in Limestone County, Alabama and being more particularly described as follows: Commencing at a railroad spike at the Northwest corner of said Section 33; thence along Moyers Road South 87 degrees 27 minutes 25 seconds East for 935.66 feet to the POINT OF BEGINNING of the herein described tract of land; thence continue South 87 degrees 27 minutes 25 seconds East for 297.80 feet; thence leaving said road South 00 degrees 26 minutes 08 seconds West for 229.84 feet to a 5/8 inch rebar and passing through a 5/8 inch rebar on the South right of way margin of said road at a distance of 29.97 feet; thence South 87 degrees 14 minutes 02 seconds East for 100.00 feet to a capped rebar set; thence South 00 degrees 29 minutes 55 seconds West for 598.78 feet to a capped rebar set; thence North 24 degrees 45 minutes 26 seconds West for 932.32 feet back to the point of beginning and passing a capped rebar set on said margin at a distance of 896.04 feet. SECTION 3. This Resolution shall be published as provided by law, and a certified copy of the same, along with a plat or map correctly defining the reduction in corporate limits, and the names of all qualified electors residing within the territory to be excluded from the city limits, shall be filed with the Probate Judge of Limestone County, Alabama pursuant to § 11-42-201 of the Code of Alabama.  SECTION 4. The territory described in this Resolution shall no longer be included as a part of the corporate limits of Athens, Alabama, upon publication of this Resolution as set forth in Section 3, above. ADOPTED and APPROVED this, the 14th day of November, 2022. /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 resolution, which motion was seconded by Councilmember Henry, and upon the said motion being put to vote the following vote was recorded: YEAS: Councilmembers Seibert, Wales, Lucas, 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 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, Lucas, Henry and Harper; NAYS: None. The President thereupon announced that the motion for the adoption of the said resolution had been unanimously carried. Councilman Lucas made for “Introduction Only” the following ordinance: ORDINANCE NUMBER 2022 - ________ AN ORDINANCE AUTHORIZING THE OPERATION OF MEDICAL CANNABIS DISPENSING SITES _____________________________________________________________________ WHEREAS, there are residents in Alabama, and in this City, that suffer from a number of medical conditions whose symptoms could be alleviated by the administration of medical cannabis products if used in a controlled setting under the recommendation and guidance of their physician; WHEREAS, in 2021, the Alabama Legislature adopted Alabama Act 2021-450 (codified at Ala. Code § 20-2A-1, et seq. (1975)) (“Act 2021-450”), which created a heavily-regulated system for the controlled distribution of medical cannabis by authorized licensees within the State of Alabama; WHEREAS, such system does not provide for the recreational use of marijuana, but instead allows the use of medical cannabis upon the prescription of a physician to a patient undergoing medical care (such as a cancer patient in need of relief from debilitating pain); WHEREAS, § 20-2A-51 of the Code of Alabama provides that dispensaries of medical cannabis may not be operated within a city, unless that city has authorized the operation of such dispensing sites; and  WHEREAS, in order to support its residents who suffer from medical conditions that may require the use of these products, the City Council of the City of Athens wishes to adopt this ordinance in order to permit the operation of such licensed dispensaries within the corporate limits. THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA, while in regular session on ________________, 2022, at 4:30 p.m., as follows: Section 1. In accordance with § 20-2A-51 of the Code of Alabama, the operation of dispensing sites within the corporate limits of the City of Athens, Alabama is hereby authorized, subject to the provisions of Act 2021-450 and any relevant ordinances of the City of Athens, Alabama. “Dispensing sites” shall mean sites operated for dispensing and selling medical cannabis by a dispensary licensee or an integrated facility licensee in accordance with Alabama Act 2021-450, as adopted and as amended. Section 2. If any provision of this ordinance, or the application thereof to any person, thing or circumstances, is held invalid by a court of competent jurisdiction, such invalidity shall not affect the provisions or application of this ordinance that can be given effect without the invalid provisions or application, and to this end, the provisions of this code and such amendments and statutes are declared to be severable. Section 3. The provisions of this Ordinance shall be included and incorporated in the Code of Ordinances of the City of Athens as an addition or amendment thereto, and shall be appropriately renumbered as necessary to conform to the uniform numbering system of the Code. ADOPTED this the ______ day of ___________________, 2022. __________________________________________ CHRIS SEIBERT, CITY COUNCIL PRESIDENT __________________________________________ WILLIAM R. MARKS, MAYOR ATTEST: _______________________________________ ANNETTE BARNES-THREET, CITY CLERK CERTIFICATION OF CITY CLERK STATE OF ALABAMA ) LIMESTONE COUNTY ) I, Annette Barnes-Threet, City Clerk of the City of Athens, Alabama, do hereby certify that the above and foregoing is a true and correct copy of the Ordinance duly adopted by the City Council of the City of Athens, on the ____ day of _____________, 2022. Witness my hand and seal of office this the ____ day of _________________, 2022. ___________________________________ Annette Barnes-Threet, City Clerk Councilwoman Henry introduced the following ordinance: ORDINANCE NUMBER 2022 - 2241 AN ORDINANCE AMENDING THE ATHENS ALCOHOLIC BEVERAGE ORDINANCE _____________________________________________________________________ WHEREAS, when it was adopted, the Athens Alcoholic Beverage Ordinance set the generally-required distance requirement between establishments and churches/schools at 500 feet; and WHEREAS, the City’s experience in the years since that time demonstrates that a more equitable distance requirement between establishments and churches/schools in conventional zoning districts would be 250 feet. THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA, while in regular session on November 14, 2022, at 4:30 p.m., as follows: Section 1. Section 6-34(e) of the Code of Ordinances of the City of Athens is hereby amended so that it states as follows: (e) Distance limitations for alcohol sales. In addition to all other regulations and restrictions, and subject to exceptions contained in this section, no facility or property shall be authorized for on-premises sale or off- premises sale of alcoholic beverages where the facility or property is less than 500 250 feet from any church building, school, or child development facility. Section 2. The City Council proposes that the City of Athens Planning Commission begin the process to amend the City’s Zoning Ordinance so that it conforms with this instrument, and directs the City Clerk to forward this instrument to the planning commission for that purpose. Section 3. If any provision of this ordinance, or the application thereof to any person, thing or circumstances, is held invalid by a court of competent jurisdiction, such invalidity shall not affect the provisions or application of this ordinance that can be given effect without the invalid provisions or application, and to this end, the provisions of this code and such amendments and statutes are declared to be severable. Section 4. No other provisions of the City Code are amended by this Ordinance, unless specifically stated and referenced herein. (For example, and for the sake of clarity, § 6-34(e)(1), § 6-34(e)(2), and § 6-34(e)(3) are not amended by this Ordinance.) Section 5. The provisions of this Ordinance shall be included and incorporated in the Code of Ordinances of the City of Athens as an addition or amendment thereto, and shall be appropriately renumbered as necessary to conform to the uniform numbering system of the Code. ADOPTED this the 14th day of November, 2022. /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 Lucas, and upon the said motion being put to vote the following vote was recorded: YEAS: Councilmembers Seibert, Wales, Lucas, Henry 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 Henry thereupon moved that the ordinance be finally adopted, which motion was seconded by Councilmember Harper and upon the said motion being put to vote the following vote was recorded: YEAS: Councilmembers Seibert, Wales, Lucas, Henry 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 ordinance: ORDINANCE NUMBER 2022 - 2242 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 2.27 acres of undeveloped land, and more particularly described as follows: Lot 3 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 use by the buyer of the Property as a pest control business; 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 14, 2022 at 4:30pm, 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 Scout Pest Control, Inc. (or to a related party as an assignee, if approved by the Mayor in his discretion) (“Scout”) upon the following terms: (i) purchase price of $56,750 ($25,000 per acre); (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 pest control business and related offices. However, the restrictive covenant would terminate early if a bank lender sells the property at a foreclosure sale to a third party (a third party unrelated to Scout or its officers/owners by blood or business affiliation) due to Scout’s failure to pay a loan that was used solely for the purchase of the property and/or the construction of improvements on the property; (iv) 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) for (a) the same price (plus the appraised cost of any improvements), or (b) if the property has been foreclosed upon by a financing bank due to Scout’s failure to pay a loan that was used solely for the purchase of the property and/or the construction of improvements on the property, then for the outstanding balance of the loan amount, whichever is greater; (v) transfer by statutory warranty deed; (vi) a sixty (60) day due diligence period; (vii) closing to occur within 30 days after due diligence period; (viii) the buyer shall pay for all closing expenses; 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 14th day of November, 2022. /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 Henry, and upon the said motion being put to vote the following vote was recorded: YEAS: Councilmembers Seibert, Wales, Lucas, Henry 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 Lucas and upon the said motion being put to vote the following vote was recorded: YEAS: Councilmembers Seibert, Wales, Lucas, Henry 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 2022 - 2243 AN ORDINANCE AMENDING SECTION 18-302 (c) OF THE CODE OF ORDINANCES OF THE CITY OF ATHENS, ALABAMA ____________________________________________________________ WHEREAS, every five (5) years, the Alabama Department of Revenue (ALDOR) is responsible for establishing and publishing adjustments to municipal business license issuance fees; and WHEREAS, based on the U.S. Department of Labor’s producer price index, municipal business license issuance fees remain or may be adjusted to a maximum amount of $14.00, at the discretion of each municipality, for the license year beginning January 1, 2023; and WHEREAS, the City Council desires to increase the business license issuance fee from $10.00 to $14.00, for the license year beginning January 1, 2023, THEREFORE, BE IT ORDAINED by the City Council of the City of Athens, Alabama while in regular session on November 14th, 2022 at 4:30 p.m. as follows: Section 1. Section 18-302 (c) of the Code of Ordinances, City of Athens, Alabama is hereby amended to read as follows: Sec. 18-302. License term; minimums. (c) Issue fee. For each license issued there shall be an issue fee collected in an amount equal to the maximum amount allowable by the Department of Revenue which shall be adjusted every five license years by an amount equal to the percentage increase in the U.S. Department of Labor’s Producer Price Index. The said issue fee shall be collected in the same manner as the license tax. Section 2. Except as specifically modified herein, all other provisions of Section 18-302 shall remain unchanged and in full force and effect.  Section 3. This ordinance and the subsections adopted herein shall become effective and enforced on January 1, 2023. Section 4. The City Clerk of the City of Athens, Alabama is hereby authorized and directed to cause this Ordinance to be published one (1) time in a newspaper of general circulation published in the City of Athens, Limestone County, Alabama. ADOPTED this the 14th day of November, 2022. /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 Henry 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, Lucas, Henry 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 Lucas and upon the said motion being put to vote the following vote was recorded: YEAS: Councilmembers Seibert, Wales, Lucas, Henry and Harper; NAYS: None. The President thereupon announced that the motion for the adoption of the said ordinance had been unanimously carried. Councilman Lucas introduced the following resolution: RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA, at its meeting on November 14, 2022, that the Council authorizes a budgeted capital amount of $11,471,369.55 to be funded from the 2022 Water Services Bond Series for a contract with Cleary Construction, Inc. to construct Lower Swan Creek Sewer Project Phase 1, and the Water Services Director, for and on behalf of the City of Athens, is authorized to enter into this contract to complete this work. Councilmember Harper moved that unanimous consent be given for immediate consideration of and action on said resolution, which motion was seconded by Councilmember Henry, and upon the said motion being put to vote the following vote was recorded: YEAS: Councilmembers Seibert, Wales, Lucas, 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 Lucas thereupon moved that the resolution be finally adopted, which motion was seconded by Councilmember Wales and upon the said motion being put to vote the following vote was recorded: YEAS: Councilmembers Seibert, Wales, Lucas, Henry and Harper; NAYS: None. The President thereupon announced that the motion for the adoption of the said resolution had been unanimously carried. Councilman Wales introduced the following resolution: RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA, at its meeting on November 14, 2022, that the Council authorizes the deductive change order in the amount of $72,770.00 and final capital amount of $485,730.00 for the contract to install sewer casings under Huntsville Brownsferry Road between I-65 and Highway 31 by Sloan Utility Contracting, Inc., and the Water Services Director, for and on behalf of the City of Athens, is authorized to enter into this contract to complete this work. The motion was seconded by Councilman Harper and was unanimously carried. Councilman Lucas introduced the following resolution: RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA, at its meeting on November 14, 2022, that the Council authorizes the budgeted operating funds of $48,600.00 from the Water Services fiscal year 2023 budget for Krebs Engineering, Inc. to perform consulting services including inspection of all water tanks along with maintenance issues reporting and the oversight of contracting maintenance to those tanks, and the Water Services Department Director, for and on behalf of the City of Athens, is authorized to enter into this contract to complete this work. 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, ALABAMA, at its meeting on November 14, 2022, that the Council authorizes Change Order 3, a deductive change order in the amount of $230,908.75 for the Swan Creek Trunk Line Cleaning and Lining project contract with SAK Construction and decreasing the contract amount from $1,066,123.75 to $835,215.00, and the Water Services Director, for and on behalf of the City of Athens, is authorized to execute this change order. The motion was seconded by Councilman Wales and was unanimously carried. Councilwoman Henry introduced the following resolution: RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA, at its meeting on November 14, 2022, that the Council authorizes a budgeted amount of $32,000.00 to be funded from the Wastewater FY2023 operating budget for TRI-SSi, llc to perform consulting services including uploading all Water Services treatment plants’ process equipment into the asset management database, creating preventative maintenance work orders for all items, and doing analytics to determine best practices to insure reliability of the most critical items, and the Water Services Department Director, for and on behalf of the City of Athens, is authorized to enter into this contract to complete this work. The motion was seconded by Councilman Wales and was unanimously carried. Councilman Harper introduced the following ordinance: ORDINANCE NUMBER 2022 - 2244 AN ORDINANCE RELATING TO WATER AND SEWER IMPACT FEES ____________________________________________________________ WHEREAS, the City Council desires to overhaul and revise the structure of water and sewer impact fees, as stated in this Ordinance.  THEREFORE, BE IT ORDAINED by the City Council of the City of Athens, Alabama while in regular session on November 14, 2022 at 4:30 p.m. as follows: Section 1. Section 50-77 of the Code of Ordinances, City of Athens, Alabama is hereby amended so that it reads as follows: Sec. 50-77. – Sanitary sewer impact fees and tapping fees. (a) Land Development Sewer Impact Fees. (1) Definitions. As used in this Section 50-77(a), the following words shall have the following meanings: (a) “LDSI Fee” shall mean a land development sewer impact fee, which is a fee that is designed to assist the City in providing new or expanded public sanitary sewer facilities required to serve new development within the city, by imposing such a fee on those responsible for new development. (b) “PLDSI Fee” or “PLDSI Fees” shall refer to land development impact fees that were charged and collected pursuant to the prior version of Section 50-77(b), and, more specifically, to land development impact fees charged and collected pursuant to the following ordinances of the City: Ordinance No. 2004-1484, Ordinance No. 2006-1615, Ordinance No. 2007-1654, and Ordinance No. 2014-1914. (2) Unless as otherwise stated in this Section 50-77(a): (a) a LDSI Fee shall be owed and payable prior to every installation of a water meter relating to the water system, by the owner(s) of the property upon which the meter is situated (or by someone on their behalf); and (b) no water meter shall be installed and connected to the water system for which a LDSI Fee is required by this Section 50-77(a) until that LDSI Fee has been paid in full. (3) The amount of the LDSI Fee will be based on the capacity of water flow that the water meter will allow, as depicted in the following table: Water Meter Size Amount of Fee </= 5/8 inch $1,246.00 >5/8 inch - ¾ inch $1,795.00 >¾ inch – 1 inch $3,191.00 >1 inch – 1 ½ inches $7,179.00 >1 ½ inches – 2 inches $12,762.00 >2 inches – 3 inches $28,715.00 >3 inches – 4 inches $51,048.00 >4 inches – 6 inches $114,859.00 >6 inches – 8 inches $204,194.00 (4) Where there is a proposed subdivision of real property within the city, the LDSI Fee will be owed and paid by the property owner (or by someone on their behalf) prior to the manager of the water and sewer department’s signature (or his designee’s signature) upon and approval of the final plat of the subdivision. The LDSI Fee will be based on the reasonably anticipated number and capacity of new water meters that are proposed to be installed within the subdivision, as represented in writing by the property owner to the water and sewer department prior to the determination of the amount of the LDSI Fee by the water and sewer department. (5) Where there is a proposed site plan within the city, the LDSI Fee will be owed and paid by the property owner (or someone on their behalf) prior to the water and sewer department’s approval of the site plan. The LDSI Fee will be based on the reasonably anticipated number and capacity of new water meters that are proposed to be installed within the proposed site plan area, as represented in writing by the property owner to the water and sewer department prior to the determination of the amount of the LDSI Fee by the water and sewer department. (6) After the payment of a LDSI Fee pursuant to (4) or (5), should a person seek to install a water meter(s) on a property that exceed(s) the number or capacity of the water meter(s) previously represented in writing to the water and sewer department for the same property, then an additional LDSI Fee shall be owed and payable prior to the installation of the water meter(s). The amount of the additional LDSI Fee shall be determined by the water and sewer department, taking into account the LDSI Fee that would be owed with respect to the new water meter(s) to be installed, and the amount of the LDSI Fee previously paid for the water meter(s) that were previously represented for the same property. (7) If a PLDSI Fee was previously collected by the City with respect to a residential lot, then a LDSI Fee shall not be owed with respect to the installation of a water meter on that same lot; except that if in the reasonable judgment of the water and sewer department, the installation of a water meter on such lot will result in an increase in water capacity beyond either (a) the prior capacity of any water meters that were previously located on the lot at the time of the completion of the original residential structure(s) thereon, or (b) the capacity of the water meters at the lot as previously represented to the water and sewer department at the approximate time that the PLDSI Fee was paid for the lot, then, in such event, an additional LDSI Fee shall be owed and payable prior to the installation of the water meter. The amount of the additional LDSI Fee shall be determined by the water and sewer department, taking into account the LDSI Fee that would be owed with respect to the new water meter(s) to be installed, and the amount of the PLDSI Fee previously paid with respect to the same property. (8) If a PLDSI Fee was previously collected by the City with respect to an apartment complex unit, apartment complex on-site laundry area, or apartment complex office area, then a LDSI Fee shall not be owed with respect to the installation of a water meter on that same unit or area; except that if in the reasonable judgment of the water and sewer department, the installation of a water meter on such unit or area will result in an increase in water capacity beyond either (a) the prior capacity of any water meters that were previously located at the unit or area at the time of the completion of the original apartment complex, or (b) the capacity of the water meters at the unit or area as previously represented to the water and sewer department at the approximate time that the PLDSI Fee was paid for the unit or area, then in such event, an additional LDSI Fee shall be owed and payable prior to the installation of the water meter. The amount of the additional LDSI Fee shall be determined by the water and sewer department, taking into account the LDSI Fee that would be owed with respect to the new water meter(s) to be installed, and the amount of the PLDSI Fee previously paid with respect to the same property. (9) If a PLDSI Fee was previously collected by the City with respect to a tract or lot for a commercial, industrial, and/or other development, then a LDSI Fee shall not be owed with respect to the installation of a water meter on that same tract or lot; except that if in the reasonable judgment of the water and sewer department, the installation of a water meter on such tract or lot will result in an increase in water capacity beyond either (a) the prior capacity of any water meters that were previously located on such tract or lot at the time of the completion of the original development that was subject to the PLDSI Fee, or (b) the capacity of the water meters at the development as previously represented to the water and sewer department at the approximate time that the PLDSI Fee was paid for the commercial, industrial, and/or other development, then in such event, an additional LDSI Fee shall be owed and payable prior to the installation of the water meter. The amount of the additional LDSI Fee shall be determined by the water and sewer department, taking into account the LDSI Fee that would be owed with respect to the new water meter(s) to be installed, and the amount of the PLDSI Fee previously paid with respect to the same property. (10) Notwithstanding anything herein to the contrary, a LDSI Fee shall not be required to be paid with respect to the replacement of a water meter (that was installed in accordance with all City ordinances, rules and regulations then in effect, and a part of a system that was previously lawfully connected to the sewer system) that has been damaged, destroyed, removed, or no longer functions, unless the installation of the new water meter results in an increase in water capacity as compared to the prior capacity of the replaced water meter, and in such case, the amount of the LDSI Fee owed shall be the difference between the LDSI Fee that would be owed with respect to the new meter size minus the LDSI Fee that would be owed with respect to the size of the replaced meter, as determined by the water and sewer department. (11) Notwithstanding anything herein to the contrary, a LDSI Fee shall not be required to be paid with respect to a water meter that, in the reasonable judgment of the water and sewer department, is not connected to, designed to be, or intended to be connected to a system that utilizes the sewer system. However, if such a LDSI Fee is not paid with respect to such a water meter, then if the sewer system is to be connected to such a system, then a LDSI Fee shall be owed with respect to the water meter prior to the connection of the related system to the sewer system. (12) Where city water service to a property has been discontinued or terminated, but the water meter remains in place and functional, no LDSI Fee shall be required upon the restoration of the same city water service to that property using the same meter size. (13) Where a property is or will be connected to a water system other than the City’s water system (such as the water system of the Limestone County Water and Sewer Authority), a LDSI Fee shall be owed and payable prior to any connection of that property’s water lines/facilities to the sewer system (or use of the same, if it was connected after the effective date of this Ordinance), by the owner(s) of the property upon which the meter is situated (or by someone on their behalf); and no such connection to the sewer system shall be installed and connected (or continued, if connected after the effective date of this Ordinance) for which a LDSI Fee is required by this Section 50-77(a) until that LDSI Fee has been paid in full. In such cases, the amount of the LDSI Fee will be based on the capacity of water flow that the water meter connected to the water system other than the City’s water system will allow. (14) Where one metered water tap serving multiple structures and/or properties is replaced by new multiple metered water taps serving the same structures and/or properties, then no LDSI Fee shall be required with respect to the new meters, so long as (i) the manager of the water and sewer department does not reasonably anticipate that the installation of the new taps will be accompanied by a substantial increase in demand for water service from the same structures and/or properties as compared to the historical demand from those structures and/or properties when occupied; and (ii) the service to multiple structures and/or properties was not installed in violation of any city ordinance or regulation of the water and sewer department. (15) Commencing on October 1, 2023, and annually on the same day of each subsequent year, the rates of the LDSI Fees shall be automatically adjusted by the water and sewer department based on the annual change in the Producer Price Index (PPI) for Utilities issued by the United States Bureau of Labor Statistics (or in the event that such index is discontinued, then by a substantially similar index as determined by the manager of the water and sewer department) for the previous and most recent 12 month period that ends on the July 31 date immediately preceding the adjustment (except that such annual adjustment shall be no less than plus three percent (3%)). (b) Building Construction Sewer Impact Fees (1) Every new structure that has wastewater drainage to the sewer system shall pay a building construction sewer impact fee of $84.00 per plumbing fixture. With respect to the same: (a) For purposes of this Section 50-77(b), a “plumbing fixture” means and shall include sinks, lavatories, dishwashers, clothes washers, all trapped floor drains, industrial and/or manufacturing process water drains, bath tubs, separate showers, commodes, bidets, and any other item that will discharge wastewater to the sewer system. (b) This building construction sewer impact fee is due and payable to the water and sewer department prior to the issuance of a building permit, or prior to the structure’s connection with the sewer system, whichever comes first. (2) Every remodeling or addition to an existing structure that adds plumbing fixtures shall pay a building construction sewer impact fee of $84.00 for each added plumbing fixture. (3) The amounts of the building construction sewer impact fee will increase by three (3) percent annually, commencing on October 1, 2023. (4) If the sewer system is to be connected to a structure that was not previously served by that system, then building construction sewer impact fees shall be due and payable with respect to the structure prior to its connection to the sewer system. (c) Sanitary Sewer Tapping Fees (1) It is the requirement of the water and sewer department that a sanitary sewer tap be provided by the developer at his expense for each lot when new subdivisions are being platted. The water and sewer department inspects the tap and the public service line, and also inspects the plumber- installed service line from the building foundation out to the public right-of-way. Water and sewer department personnel are responsible for cutting the public and private cleanouts to finished grade and installing sealed caps and protective ductile iron covers upon request from the builder or homeowner so to do. For these services, there shall be a sanitary sewer tapping fee paid to the water and sewer department as follows: Four-inch pre-taps $300.00 Six-inch pre-taps $500.00 Such fee shall be paid simultaneously with the tap fees for potable water service. (2) Where the water and sewer department provides a service tap on an existing sewer or a newly constructed sewer to serve either existing or future development, the following sanitary sewer tapping fees, based on depth of excavation, size of tap, and type of surface restoration, shall apply and be due to the water and sewer department: For excavations less than or equal to 8 feet Tap size 4 inches 6 inches  Into dirt and sod $1,507.00 $1,739.00 Through pavement $2,866.00 $3,099.00 Such fee shall be paid prior to the tap installation. For excavations of greater than eight feet in depth, the developer must utilize a qualified general contractor, acceptable to the water and sewer department. (3) The amounts of the sanitary sewer tapping fees set forth in Section 50-77(c)(2) and (3) will increase by three percent (3%) annually, commencing on October 1, 2023. (4) At any time in the future when public sanitary sewerage is provided to property not previously served, all sanitary sewer tapping fees with respect to the above shall be due and payable prior to said property actually connecting to the sewer system. (d) Capital Infrastructure Fund. All revenue from the fees set forth in Section 50-77(a) and (b) shall be deposited into a capital infrastructure fund for the water and sewer department with disbursements from that fund only by resolution of the city council. All revenue from the fees set forth in Section 50-77(c) shall be deposited in the annual operating budget for the water and sewer department. (e) Rules. The manager of the water and sewer department is authorized to issue directives, rules, and regulations concerning the application and enforcement of this Section 50-77. (f) City Exemption. The City is exempt from the payment of any of the fees set forth in this Section 50-77. Section 2. Section 50-78 of the Code of Ordinances, City of Athens, Alabama is hereby amended so that it reads as follows: Sec. 50-78. – Land Development Water Impact Fees (a) Definitions. As used in this Section 50-78, the following words shall have the following meanings: (a) “LDWI Fee” shall mean a land development water impact fee, which is a fee that is designed to assist the City in providing new or expanded public water facilities required to serve new development within the city, by imposing such a fee on those responsible for new development. (b) “PLDWI Fee” or “PLDWI Fees” shall refer to meter impact fees that were charged and collected pursuant to the prior version of Section 50-78, and, more specifically, to meter impact fees charged and collected pursuant to the following ordinances of the City: Ordinance No. 2005-1552, Ordinance No. 2006-1666, Ordinance No. 2014-1913. (b) Unless as otherwise stated in this Section 50-78: (1) a LDWI Fee shall be owed and payable prior to every installation of a water meter relating to the water system, the connection to a pre-tapped meter set relating to the water system, or to the connection of an unmetered fire line tap to the water system, by the owner(s) of the property upon which the meter is situated (or by someone on their behalf); and  (2) no water meter shall be installed and connected to the water system, no connection shall be made to a pre-tapped meter set relating to the water system, and no connection shall be made of an unmetered fire line tap to the water system, for which a LDWI Fee is required by this Section 50-78 until that LDWI Fee has been paid in full. (c) For metered connections to the water system, the amount of the LDWI Fee will be based on the capacity of water flow that the water meter will allow, as depicted in the following table: Water Meter Size Amount of Fee </= 5/8 inch $826.00 >5/8 inch - ¾ inch $1,190.00 >¾ inch – 1 inch $2,115.00 >1 inch – 1 ½ inches $4,758.00 >1 ½ inches – 2 inches $8,459.00 >2 inches – 3 inches $19,032.00 >3 inches – 4 inches $33,835.00 >4 inches – 6 inches $76,130.00 >6 inches – 8 inches $135,342.00 LDWI Fees for metered connections to the water shall be paid prior to opening a metered connection to the water system, concurrent with the payment of water tapping fees imposed by Section 50-67. (d) For unmetered fire line tap connections to the water system, the amount of the LDWI Fee will be as follows: Water Meter Size Amount of Fee 2 inch tap $3,100.00 4 inch tap $3,500.00 6 inch tap $4,000.00 8 inch tap $4,600.00 10 inch tap $5,300.00 12 inch tap $6,100.00 LDWI Fees for unmetered fire line tap connections will be due and payable to the water and wastewater department prior to securing an unmetered fire line tap. (e) A LDWI Fee shall not be required to be paid with respect to the replacement of a water meter (that was installed in accordance with all City ordinances, rules and regulations then in effect, and a part of a system that was previously lawfully connected to the water system) that has been damaged, destroyed, removed, or no longer functions, unless the installation of the new water meter results in an increase in water capacity as compared to the prior capacity of the replaced water meter, and in such case, the amount of the LDWI Fee owed shall be the difference between the LDWI Fee that would be owed with respect to the new meter size minus the LDWI Fee that would be owed with respect to the size of the replaced meter, as determined by the water and sewer department. (f) Where one metered water tap serving multiple structures and/or properties is replaced by new multiple metered water taps serving the same structures and/or properties, then no LDWI Fee shall be required with respect to the new meters, so long as (i) the manager of the water and sewer department does not reasonably anticipate that the installation of the new taps will be accompanied by a substantial increase in demand for water service from the same structures and/or properties as compared to the historical demand from those structures and/or properties when occupied; and (ii) the service to multiple structures and/or properties was not installed in violation of any city ordinance or regulation of the water and sewer department. (g) Where city water service to a property has been discontinued or terminated, but the water meter remains in place and functional, no LDWI Fee shall be required upon the restoration of the same city water service to that property using the same meter size. (h) If a PLDWI Fee was previously collected by the City with respect to a water meter, then a LDWI Fee shall not be owed with respect to the installation of that water meter. (i) Commencing on October 1, 2023, and annually on the same day of each subsequent year, the rates of the LDWI Fees shall be automatically adjusted by the water and sewer department based on the annual change in the Producer Price Index (PPI) for Utilities issued by the United States Bureau of Labor Statistics (or in the event that such index is discontinued, then by a substantially similar index as determined by the manager of the water and sewer department) for the previous and most recent 12 month period that ends on the July 31 date immediately preceding the adjustment (except that such annual adjustment shall be no less than plus three percent (3%)). (j) Capital Infrastructure Fund. All revenue from the LDWI Fees shall be deposited into a capital infrastructure fund for the water and sewer department with disbursements from that fund only by resolution of the city council. (k) Rules. The manager of the water and sewer department is authorized to issue directives, rules, and regulations concerning the application and enforcement of this Section 50-78. (l) City Exemption. The City is exempt from the payment of any of the LDWI Fees. Section 3. If any provision of this Ordinance, or the application thereof to any person, thing or circumstances, is held invalid by a court of competent jurisdiction, such invalidity shall not affect the provisions or application of this Ordinance that can be given effect without the invalid provisions or application, and to this end, the provisions of this Ordinance are declared to be severable. Section 4. No other provisions of the City Code are amended by this Ordinance, unless specifically stated and referenced herein. (Readers should specifically note that Section 50-67 of the City Code is not amended hereby, and remains in effect. Section 50-67 concerns fees paid for the cost of the installation of water meters.) Section 5. The provisions of this Ordinance shall be included and incorporated in the Code of Ordinances of the City of Athens as an addition or amendment thereto, and shall be appropriately renumbered as necessary to conform to the uniform numbering system of the Code. Section 6. This Ordinance shall go into effect sixty (60) days after it is published according to law, except that Section 50-77(a) (as amended by this Ordinance) shall not apply to properties that are the subject of any application for preliminary or final plat approval, or of any application for any site plan approval, that has been received by the City and is pending sixty (60) days after this Ordinance is published according to law, until after such applications are approved or denied. (The PLDSI Fees and PLDWI Fees shall continue to apply to the same until that time.) However, such applicants must represent in writing to the water and sewer department the reasonably anticipated number and capacity of new water meters that are proposed to be installed within the subdivision or development that is the subject of the application, prior to the water and sewer department’s approval of the same. ADOPTED this the 14th day of November, 2022. /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 Wales moved that unanimous consent be given for immediate consideration of and action on said ordinance, which motion was seconded by Councilmember Henry, and upon the said motion being put to vote the following vote was recorded: YEAS: Councilmembers Seibert, Wales, Lucas, Henry 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 Lucas and upon the said motion being put to vote the following vote was recorded: YEAS: Councilmembers Seibert, Wales, Lucas, Henry 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 THE CITY OF ATHENS, ALABAMA, to authorize the Mayor to award the Bituminous Plant Mix Paving Contract, to Grayson Carter and Sons, Inc. for the period of 2022-2025. The awarded amount involves paving for the 2023 fiscal year and can be amended at the Council’s approval. The bid amount was the lowest bid at $2,587,640.13 and shall be funded from the City of Athens Gas Tax, RAA, and (*Capital Infrastructure Funds*). Councilmember Henry 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, Lucas, 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 Wales thereupon moved that the resolution be finally adopted, which motion was seconded by Councilmember Lucas and upon the said motion being put to vote the following vote was recorded: YEAS: Councilmembers Seibert, Wales, Lucas, Henry and Harper; NAYS: None. The President thereupon announced that the motion for the adoption of the said resolution had been unanimously carried. Councilman Wales introduced the following resolution: RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA, to issues tasks as awarded by the City of Athens Bituminous Plant Mix Paving Contract with Grayson Carter and Sons, Inc. to mill and pave in multiple districts, as listed below: District 1 Holland East (Select streets from the last paving cycle that were unfinished) Linton Rd Oakdale Frazier St District 2 South Madison St 6th Street Piney Creek Dr Founders Circle Summit Lakes (Portion of Neighborhood) District 3 Allyn Street Plato Jones (Hines St to Lucas St) Levert (HWY 72 to 3rd St) Strain Rd West Strain Rd East Luke St District 4 Kings Dr W Hobbs St West Gate Subdivision Campbell Subdivision Lucas Ferry District 5 Pryor St West (Jefferson St to Hine St) N Madison Houston 3rd Ave Alice/Springer/Newton Green St West South St Lee St The motion was seconded by Councilwoman Henry and was unanimously carried. Councilman Harper introduced the following resolution: RESOLUTION NUMBER 2022 - 1852 This resolution made this 14 day of November, 2022 (the Effective Date) by the City Council of Athens, AL(the Granting Authority), to grant a tax abatement to Morgan Metals, Inc. (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 $285,800.00 ; 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. 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 Mayor of the City of Athens 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 14 day of November, 2022 . /s/ Annette Barnes CITY CLERK, CITY OF ATHENS, ALABAMA /s/ Chris Seibert PRESIDENT, CITY COUNCIL, CITY OF ATHENS, ALABAMA /s/ William R. Marks MAYOR, CITY OF ATHENS, ALABAMA Councilmember Henry moved that unanimous consent be given for immediate consideration of and action on said resolution, which motion was seconded by Councilmember Lucas, and upon the said motion being put to vote the following vote was recorded: YEAS: Councilmembers Seibert, Wales, Lucas, 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 Harper thereupon moved that the resolution be finally adopted, which motion was seconded by Councilmember Henry and upon the said motion being put to vote the following vote was recorded: YEAS: Councilmembers Seibert, Wales, Lucas, Henry and Harper; NAYS: None. The President thereupon announced that the motion for the adoption of the said resolution had been unanimously carried. * * * There being no further business to come before the meeting, Council President Seibert declared the meeting duly and properly adjourned. /s/ Chris Seibert PRESIDENT, CITY COUNCIL ATTEST: /s/ Annette Barnes CITY CLERK