City Council

June 12, 2023 STATE OF ALABAMA, LIMESTONE COUNTY, CITY OF ATHENS. The City Council of the City of Athens, Alabama met in regular session at the Athens Municipal Building, 200 Hobbs Street West, Athens, Alabama, on June 12, 2023 at 4:30 p.m. The meeting was called to order by Councilman Harold Wales, 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. Wayne Harper offered the invocation. Mayor Marks was joined by Cashton Davis 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 May 22, 2023 City Council Meeting had been submitted for approval. Councilman Seibert moved that the reading of the Minutes be suspended and that the Minutes be approved as recorded. The motion was seconded by Councilman Lucas and was unanimously carried. The Chairperson stated that the Minutes of the May 22, 2023 City Council Work Session Meeting had been submitted for approval. Councilman Seibert moved that the reading of the Minutes be suspended and that the Minutes be approved as recorded. The motion was seconded by Councilman Lucas and was unanimously approved. The Chairperson stated that the Minutes of the June 5, 2023 City Council Special Meeting had been submitted for approval. Councilman Seibert moved that the reading of the Minutes be suspended and that the Minutes be approved as recorded. The motion was seconded by Councilman Lucas and was unanimously carried. Mayor Marks announced that Singing in the Park had a great crowd the previous weekend. The Mayor remarked that the air show at Pryor Field was a great event over the weekend and hopes that it will continue to be held there in the future. Councilman Lucas noted that he was glad that the City is moving forward with the Vine Street project. PUBLIC HEARING RELATING TO A PROPOSED ORDINANCE AMENDING THE CITY OF ATHENS ZONING ORDINANCE No one spoke in favor of or against. The public hearing was closed. Councilwoman Henry introduced the following ordinance: AN ORDINANCE AMENDING THE CITY OF ATHENS ZONING ORDINANCE STATE OF ALABAMA LIMESTONE COUNTY, CITY OF ATHENS ORDINANCE NUMBER 2023 - 2268 WHEREAS, the Planning Commission of the City of Athens, Alabama (the “Commission”) proposes that the Athens City Council further amend Ordinance Number 2017-2016 with amendments 2019-2079, 2020-2140, 2021-2058, 2021-2167, the Zoning Ordinance of the City of Athens, Alabama (the “Zoning Ordinance”); WHEREAS, at its regular meeting on April 18, 2023, and and after a public hearing, the Planning Commission issued its final report and recommendation that the Athens City Council amend Ordinance No. 2017-2016, the Zoning Ordinance of the City of Athens, Alabama (the “Zoning Ordinance”) as set forth herein;  WHEREAS, after having received and considered the information from a public hearing, and having fully deliberated these matters, the City Council desires to amend the Zoning Ordinance as set forth herein; and THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA, while in regular session on June 12, 2023, at 4:30 p.m., as follows: Section 1. Section 2.4.8 of the Zoning Ordinance be amended to read as follows: 2.4.8. Public Notification. Applications for development approval shall comply with the Code of Alabama 1975, as amended, and the provisions of this Ordinance. No notice standard or notice requirement shall be required with respect to that which is provided by this Ordinance and/or State law that is in addition to, different from, or in conflict with the provisions of this Ordinance and/or State law. A. Content. Where published notice or written (mailed) notice is required for public meetings or hearings, such notice shall, at a minimum: 1). Identify the Application. Identify the address or location of the property subject to the application and the name, address, and telephone number of the applicant or the applicant’s agent. 2) Specify the Date, Time, and Place of the Public Meeting or Hearing. Indicate the date, time, and place of the public meeting or hearing. 3) Describe the Subject Property. Describe the subject property(ies) involved by street address, or by legal description and the nearest cross street, and project area (size). 4) Describe the Nature and Scope of the Application. Describe the nature, scope, and purpose of the application or proposal. 5) Notify the Public Where to View the Application. Identify the location (e.g., the offices of Engineering and Community Development) where the public may view the application and related documents. 6) Notify the Public Where They May be Heard. Include a statement that the public may appear at the public meeting or hearing, be heard, and submit evidence and written comments with respect to the application. 7) Allow for Written Comments. Include a statement describing where written comments will be received prior to the public meeting or hearing. This Section 2.4.8.A does not apply to notification signs. B. Timing of the Notice. 1) Unless otherwise expressly provided in the Code of Alabama or this ordinance, : a) published notice, when required, shall be published at least 10 days prior to the hearing or matter that is the subject of the notice. b) written (mailed) notice, when required, shall be postmarked at least 14 days prior to the hearing or matter that is the subject of the notice. c) notification signs shall be placed at least 10 days prior to the hearing or matter that is the subject of the notice. C. Published Notice. Published notice shall mean a written notice that is published in a newspaper of general circulation within the city of Athens, Alabama. When the provisions of this ordinance require that notice be published, the  Engineering Services and Community Development department shall be responsible for preparing the content of the notice and publishing the notice in a newspaper of general circulation. The content and form of the published notice shall be consistent with the requirements of Subsection 2.4.8(A), and state law. 1) When Published Notice is Required. Published notice shall be required in the following circumstances: a) When the Zoning Ordinance (its text or its map) is being amended, in accordance with Section 2.5.1 and Title 11, Chapter 52, Article 4 of the Code of Alabama, as amended. b) In all other cases required by state law or local Ordinance. D. Written (Mailed) Notice. 1) Written (mailed) notice. Written (mailed) notice shall mean a written notice that is issued by certified mail and by regular U.S. mail to persons/entities that are shown on the records of the Limestone County Revenue Commissioner as property owners (including to the addresses as shown on such records) with respect to properties that lie adjacent to the property (which includes properties located directly across public rights of way) that is the subject of the written (mailed) notice. 2) When Written (Mailed) Notice Is Required. Written (mailed) notice shall be required in the following circumstances: a) Subdivision of Property. Written (mailed) notice is required to be issued by an applicant seeking the subdivision of property by the planning commission. b) Variance, Special Exception, or Appeal of Administrative Decision. Written (mailed) notice is required to be issued by an applicant who is seeking a variance, special exception, or appeal of an administrative decision before the zoning board of adjustment. c) Conditional Use. Written (mailed) notice is required to be issued by an applicant who is seeking a conditional use before the planning commission. 3) Required affidavit. An affidavit stating that required written notice meeting the requirements of this ordinance has been mailed must be filled out by the applicant and notarized in order for the application to be deemed complete and ready for consideration. 4) Application of Written Notice. The notification of property owners shall apply only to the initial presentation of the proposed development to the Planning Commission or the BZA. a) If, for any reason, an item scheduled for initial presentation before the Planning Commission or BZA is withdrawn without having been presented or a meeting is canceled, then the party responsible for the initial written notice shall re-notify all appropriate parties. b) The applicant shall be responsible for re-notifying property owners pursuant to Subsection 2.4.8, Public Notification, if the hearing or meeting is deferred or continued at the applicant’s request. E. Notification Signs 1) Notification Signs. Notification signs shall mean one or more written signs that are posted by the Engineering Services and Community Development department on properties. The signs shall be of such size, number, and manner, and shall contain such verbiage, as the department, in its discretion, deems reasonably sufficient to alert the public that there is an upcoming proceeding involving the property where the sign is located, and the sign will alert the public how it may obtain additional information concerning the same. 2) When Notification Signs Are Required. Notification signs shall be required in the following circumstances:  Historic Tradition Tradition Tradition Downtow Traditional Neighbor al al al Traditional n Institutional - hood Neighbor Neighbor Neighbor Business Us (DWTN) (TI) (HN) - hood 3 - hood 2 - hood 1 (TB) es (TN-3) (TN-2) (TN-1) RESIDENTIAL Refer to sections 4.9 and 4.10 for buildings allowing residential uses within districts. RETAIL Automotive Supply P P P P P Bakery, confectionery, candy, ice cream, delica- tessen, coffee shop C C P Consignment/seco nd- hand/thrift store S Construction E supplies with outdoor storage S Gas Station with conve- nience store General Retail P P P P Grocery/Food Store P P P P P Pharmacy P P P P SERVICE AND OFFICE Automotive/Vehicle P Repair, Minor Brewpub/Taproom C C S Check Cashing, E Pawn, Payday Loan P P P P General services (in- doors, low impact) P P P P Laundromats/Dry Clean- ing Office P P P P P Personal Services P P P P Repair, minor P P P  Historic Tradition Tradition Tradition Downto Traditional Neighbor al al al Traditional wn Use Institutional - hood Neighbor Neighbor Neighbor Business (DWTN s (TI) (HN) - hood 3 - hood 2 - hood 1 (TB) ) (TN-3) (TN-2) (TN-1) Restaurants P P P P C C P Services requiring drive- thru/drive-in C Services requiring outdoor storage Storage/Warehousing C P Lodging Hotel P P P Bed and Breakfast refer to Accessory Use section INSTITUTIONAL Assisted Living P P Cemetery P P Club or Lodge, P P P Private Daycare Facilities S S S P P P Fitness/Exercise Centers and Gymnasiums Governmental uses P P P P P P P Institutional, Low P P P P P Intensity Institutional, Medium P P P Intensity Institutional, High P P P Intensity Medical Facilities P P P P P P Parking Lots/Garages, commercial and public  Studios P C P Theater P C P INDUSTRIAL P Welding, woodworking, furniture manufacture and machine shops a) In any situation where written (mailed) notice is required by Section 2.4.8.D, a notification sign shall be posted on the subject property(ies) that are the subject of the matter at issue. b) For when a zoning map amendment, a master development plan, a major amendment to a master development plan, or a limited amendment to the master development plan, is proposed for consideration to the Planning Commission and/or the City Council, a notification sign shall be posted on the subject property(ies) that are the subject of the matter at issue. 3) The Engineering Services and Community Development department shall post the notification signs. 4) Notification signs are not required in the case of amendments to the zoning map that do not treat an individual property any differently under this ordinance than they would an entire classification or group of properties to which the individual property belongs. F. Other Notices. 1) Applicants shall be responsible for compliance with any additional notice requirements in this ordinance, other city ordinances, or state law. 2) Engineering Services and Community Development may provide notice that is in addition to that which is required hereunder, but it shall not be under any requirement to do so. G. Constructive Notice. 1) Minor defects in any notice shall not impair the notice or invalidate proceedings pursuant to the notice if a bona fide attempt has been made to comply with applicable notice requirements. Minor defects in notice shall be limited to errors in a legal description, typographical or grammatical errors, or errors of actual acreage that do not impede communication of the notice to affected parties. Notification signs that are not present due to removal by third parties, weather, or other circumstances not involving the direction of Engineering Services and Community Development shall also be deemed to be a minor defect. Failure of a party to receive written notice shall not invalidate subsequent action. If questions arise at the hearing or meeting regarding the adequacy of notice, the decision-making body shall direct Engineering Services and Community Development to make a formal finding as to whether there was substantial compliance with the notice requirements of this ordinance, and such finding shall be made available to the decision- making body prior to final action on the request. 2) When the records of the city document the publication, mailing, and posting of notices as required by this subsection, it shall be presumed that notice of a public hearing was given as required by this subsection. 2.4.9. Continuation of Public Hearings. A public hearing for which proper notice was given may be continued to a later date without again complying with the written notice requirements of this ordinance, provided that the continuance is set for a date within 60 days and the date and time of the continued hearing are announced at the time of the continuance.  2.4.10. Withdrawal of an Application. A request for withdrawal of an application shall be submitted in writing to Engineering Services and Community Development. If the request of withdrawal comes on the evening of the meeting, the applicant shall communicate the request to the Commission/Board/Council at the public meeting. Section 2. Table 4.8 of the Zoning Ordinance be amended to include the following: §4.8 USES PERMITTED BY DISTRICT Historic Traditiona Tradition Traditiona Downtow Traditional Neighb l al l Traditional n Institutional or- Neighbor- Neighbor- Neighbor- Business Uses (DWTN) (TI) hood hood 3 hood 2 hood 1 (TB) (HN) (TN-3) (TN-2) (TN-1) ACCESSORY USES P P P P P P P Accessory Buildings/ Structures Accessory Dwellings S S S S Alcoholic Beverage S S S S Sales Bed and Breakfast S S S S SE Family Day Care S S S S Home Occupation, S S S S Minor Home Occupation, S S S SE Major E E E P P Manufacturing, accessory to permitted retail use P P P P Offices, accessory to a permitted business use  P = Permitted Use, C = Conditional Use, subject to approval by Commission, S = Permitted Use, subject to supplemental use regulations in Sec. 3.9.1, SE = Special Exception Use, subject to approval by the BZA (see Sec. 2.5.4). All uses shall be subject to the applicable provisions and limitations of the applicable district. Where indicated under the Use Column of the Table, certain Special Exceptions shall also be subject to the applicable Supplemental Use Regulations in Sec. 3.9.1. The uses listed in this table are not exhaustive. The Zoning Official shall determine if a proposed use is substantially similar to or could fall within a category of use listed. If a use is not substantially similar to a use listed in this table, said use shall be deemed “not permitted.” If there is some uncertainty on the part of the Zoning Official as to whether or not a proposed use is substantially similar to a use category, they reserve the right to forward the requested use to the BZA for Special Exception consideration. If the Zoning Official does determine that the use is substantially similar to a use category permitted within a particular district, but is uncertain of the potential impacts on surrounding properties, they reserve the right to forward the request to the Planning Commission for Conditional Use consideration. ADOPTED and APPROVED this, the 12th day of June, 2023. /s/ Harold Wales 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 Seibert, 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 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. Kurt Parker, 915 Beech Street, Athens, addressed the City Council concerning the citizens on Strain Road and Luke Street. Mr. Parker stated that the citizens are becoming sick from the sewage, mold and mildew in their community and deserve more attention than what is being given to them. David Malone, 1300 Somerest Drive, Athens, addressed the City Council concerning the abandonment of Cain Drive and asked if a public hearing would be held regarding the subject. Mr. Malone asked if the Vine Street project would be funded by the grant that was given and Holly Hollman replied that it would. Mr. Malone also addressed President Wales expressing that he didn’t think that it was fair to give certain people longer than three minutes to speak and hold others to the time limit. Darryl Taylor, 923 East Strain Road, Athens, addressed the City Council concerning the East Strain Road community and the sewage problem. Mr. Taylor asked for some action to be taken soon. Diane Steele, 809 Hobbs Plaza, Athens, addressed the City Council concerning people of the Strain Road community being left behind. Ms. Steele noted that the concerns were regarding the survival of people who live there. She asked the City Council to do what is needed to help the people and provide them with public sewage. Scott Marshall, 212 East Street, Athens, addressed the City Council regarding the problem on East Strain Road and challenged the City Council to get Jimmy Junkin, Wastewater Manager, to bring them a budget to address the situation. Ollie Turner, 1713 Lucas Street, Athens, addressed the City Council regarding property in the area being sprayed with chemicals. Mr. Turner remarked that he believes that his community is being poisoned by the chemicals and would like for something positive to be done regarding the issues that are being brought before the Council. Councilwoman Henry introduced the following resolution: RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA, to appoint Will Weir to the Houston Memorial Library Board for a four year term, expiring June 12th, 2027. The motion was seconded by Councilman Seibert 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 travel/education expenses for the following City Councilman: Chris Seibert Alabama League of Municipalities $271.98 Annual Convention May 10 – May 12, 2023 The motion was seconded by Councilman Seibert 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 employee in the total amount of $1,672.73. Marc Courville ARWA Technical Conference $1,672.73 (Water Services) Orange Beach, AL May 22-25, 2023 The motion was seconded by Councilman Seibert and was unanimously carried. Councilwoman Henry introduced the following resolution: RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA, that the travel expenses in the following amount be approved for Electric Department personnel. Hunter Allen $1,666.82 TVPPA – Annual Conference – Point Clear, AL The motion was seconded by Councilman Seibert 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 Medical Cannabis Banking & Regulatory Symposium Montgomery, AL June 5-6, 2023 $ 260.21 The motion was seconded by Councilman Seibert and was unanimously carried. Councilwoman Henry introduced the following resolution: RESOLUTION NUMBER 2023 - 1888 A RESOLUTION SETTING A PUBLIC HEARING TO CONSIDER WHETHER TO VACATE A PORTION OF UNIMPROVED PUBLIC RIGHT OF WAY LYING BETWEEN CAIN DRIVE AND LEVERT AVENUE WHEREAS, this Resolution relates to part of an unimproved public right of way, lying between Cain Drive to the west, and Levert Avenue to the east, 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 Attachment A hereto, in the area labeled as “Right of Way to Be Vacated”; WHEREAS, it appears that the Public Way was originally dedicated to the City as a part of the Coleman Addition to the Town of Athens, Alabama, recorded at Plat Book A, Page 27, in the Office of the Judge of Probate of Limestone County, Alabama; WHEREAS, some have referred to the Public Way as a portion of “Leverty Avenue”;  WHEREAS, Miguel Montablan and Maria Montablan, the owners of the property lying adjacent to the Public Way, propose that the Public Way be vacated; and WHEREAS, the City proposes to consider the vacation of 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, June 12, 2023 at 4:30 p.m. as follows: 1. A public hearing is hereby scheduled for July 24, 2023, 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 12th day of June, 2023. /s/ Harold Wales PRESIDENT, CITY COUNCIL, CITY OF ATHENS, ALABAMA  EXHIBIT A The motion was seconded by Councilman Seibert and was unanimously carried. Councilman Lucas noted that he was against the proposed resolution to vacate a portion of Cain Drive and Levert Avenue. Mr. Lucas also remarked that he would like to see Cain Drive extended over to Levert Avenue. Councilman Seibert introduced the following resolution: RESOLUTION NUMBER 2023 - 1889 A RESOLUTION CONCERNING CITY PROPERTY ON FIFTH AVENUE AND CITY PROPERTY ON WILKINSON STREET WHEREAS, the City of Athens, by and through its Athens Electric Department, owns certain real property of about 1.0 acre located adjacent to the Robert Allen Tinnon Park on Fifth Avenue that is more particularly described as follows: (the “5th Avenue Property”); WHEREAS, the 5th Avenue Property is considered an asset of the Athens Electric Department (“AED”); WHEREAS, AED constructed and maintained an electrical substation on the 5th Avenue Property, but that substation was decommissioned a few years ago, and AED has no further need for the 5th Avenue Property; WHEREAS, the City of Athens (without the involvement of the AED) owns certain real property of about 1.0 acre located on Wilkinson Street in Athens that is more particularly described as follows: A TRACT OF LAND BEING SITUATED IN SECTIONS 32 AND 33, TOWNSHIP 2 SOUTH, RANGE 4 WEST, IN LIMESTONE COUNTY, ALABAMA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: ALL THAT PART OF LOT 1B OF THE FINAL PLAT OF NORTH ELM INDUSTRIAL PARK PHASE 3 SUBDIVISION, AS RECORDED IN PLAT BOOK K, PAGE 369, IN THE OFFICE OF THE JUDGE OF PROBATE OF LIMESTONE COUNTY, ALABAMA. (the “Wilkinson Property”); WHEREAS, the Wilkinson Property is not currently being used by the City; WHEREAS, AED desires to acquire the Wilkinson Property so that it may construct an electrical substation on the Wilkinson Property;  WHEREAS, as a TVA distributor, AED may transfer the 5th Avenue Property to another department of the City upon an exchange of fair value/consideration; and WHEREAS, the City Council has determined that the 5th Avenue Property and the Wilkinson Property are of substantially equivalent value. THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA while in regular session on June 12, 2023 at 4:30 PM, as follows: 1. The 5th Avenue Property, which has been previously deemed to be an asset of the AED, shall now instead be deemed to be an asset of the City that is under the care and custody of the City of Athens Parks and Recreation Department. 2. The Wilkinson Property shall hereafter be deemed to be owned by the City, by and through the AED, and an asset of the AED. 3. The City Council recognizes that the exchange reflected in Sections 1 and 2 above is for a substantially similar and equivalent value, such that the AED has been provided with fair value and consideration for the Fifth Avenue Property. 4. The Mayor is authorized to execute, on behalf of the City, such other documentation as may be reasonably necessary in order to carry out and memorialize the transactions described in this Resolution. ADOPTED this the 12th day of June, 2023. /s/ Harold Wales PRESIDENT, CITY COUNCIL, CITY OF ATHENS, ALABAMA Councilmember Lucas 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 Seibert 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 Harper introduced the following resolution: RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA, at its meeting on June 12, 2023, that the Council authorizes a capital amount of $2,052,873.18 for the contract with Russo Construction, Inc. to construct the proposed Lakewood Regional Sewer Lift Station and $56,000.00 for the Water Services Department to cover Aid-To- Construction for electrical facilities on the project, 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 Lucas moved that unanimous consent be given for immediate consideration of and action on said resolution, which motion was seconded by Councilmember Seibert, and upon the said motion being put to vote the following vote was recorded: YEAS: Councilmembers Seibert, Wales, 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 Seibert 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 Seibert introduced the following ordinance: ORDINANCE NUMBER 2023 - 2269 AN ORDINANCE RELATING TO SANITARY SEWER DEVELOPMENT CHARGES FOR REGIONAL SEWER SYSTEM IMPROVEMENTS ____________________________________________________________ WHEREAS, pursuant to § 11-50-1 and 11-50-121 of the Code of Alabama, among other authorities, the City of Athens has the authority to provide a municipal sewer system and to impose rates and fees for its sewer service; WHEREAS, the City is experiencing significant residential and commercial development; WHEREAS, there are certain regions within the City that are not currently served by the public sewer system, but where private developers (for cost-savings reasons of their own) are willing to combine their efforts and make financial contributions to the City, for the City to use in constructing new sewage facilities in those regions; and WHEREAS, this Ordinance intends to establish a vehicle for the water and sewer department to accept such contributions from those private developers, construct new sewer improvements in such regions, and then require a sanitary sewer development charge from other owners and developers that later want to use the new improvements in the region for their own benefit. THEREFORE, BE IT ORDAINED by the City Council of the City of Athens, Alabama while in regular session on June 12, 2023 at 5:30 p.m. as follows: Section 1. Section 50-80 of the Code of Ordinances, City of Athens, Alabama is hereby enacted and adopted so that it reads as follows: Sec. 50-80. – Sanitary sewer development charges for regional sewer system improvements. (a) Applicability. In situations where the manager of the water and sewer department determines that: (i) a substantial number of properties in a particular region are planning and/or undergoing development that will result in a demand for public sanitary sewer service within that region; (ii) the City of Athens does not have sufficient sewer system facilities available or adequate to serve the development in that particular region;  (iii) public sewer system facilities could be constructed in the region that would substantially benefit all of the properties in the region, rather than just one property or a few small tracts of property; (iv) the water and sewer department has no imminent plans, resources, ability, and/or capacity to provide new sewer system facilities to serve that particular region; and (v) a significant number of property owners and/or developers in the particular region are ready and willing to bear a substantial part of the cost for constructing new public sanitary sewer service improvements to serve that particular region, then, in that event, the water and sewer department may identify and construct such public sanitary sewer improvements to serve development in that particular region, and identify and impose sanitary sewer development charges on any new developments in that region before allowing such developments to connect to those new public sanitary sewer improvements. (b) Definitions. As used in this Section 50-80, the following words shall have the following meanings: Manager shall mean the manager of the water and sewer department. Improvements shall mean those new public sanitary sewer improvements identified by the manager pursuant to Section 50-80(a). Region shall mean the particular region identified by the manager pursuant to Section 50-80(a). Charge(s) shall mean those sanitary sewer development charge(s) identified by the manager pursuant to Section 50-80(a). (c) Improvements. The Improvements shall be constructed pursuant to agreements by the City and contractors for that purpose, with such contractors identified and secured pursuant to applicable law. Before constructing such Improvements, the Manager shall specify and define the Region that the Improvements are intended to serve. Property owners undertaking new development in the Region that requires public sewer service shall be required to connect to and utilize the Improvements in connection with that new development if the Manager determines that the Improvements are the most reasonable and appropriate method of providing public sewer service to the new development. (d) Charges. The amount of the Charge shall be a per acre amount determined by the Manager upon consideration of the total cost of the construction of the Improvements in the Region and the total amount of acreage to be served by the Improvements. The Charges shall be in addition to any and all other charges or fees imposed by the City in connection with public sewer service. (e) When due. The Charge shall be due by each property owner in the Region: (i) prior to the Manager’s signature on any final plat approval of a subdivision in the Region, where the subdivision relates to a residential, governmental, industrial, and/or commercial development of property that will (x) require public sewer service, and (y) involve more than five water meters, or any water meters in excess of 5/8 inches in size, at full build-out, in the reasonable judgment of the Manager; or (ii) prior to allowing the owner’s development to connect to and/or utilize the Improvements, whichever is sooner. (f) Related agreements. The Manager may enter into agreements with those property owners and developers in the Region that are willing to bear all or a substantial part of the cost for constructing the Improvements. The agreements may contain terms and provisions that identify the Improvements and set forth the terms of the payment obligations to the owners/developers related to the Improvements, and for security or other collateral relating to the same. Such agreements may provide for different terms and manner of payment than are set forth herein, so long as such terms are not more favorable than the terms of payment set forth herein. (g) Exemptions. Property owners with existing structures in the Region (with existing sewer or septic systems) that pre-date the Improvements and must be connected to the Improvements due to the requirements of other laws and ordinances may be exempted from the Charge by the Manager with respect to such existing structures. (h) Mayor-Council approval required. The Mayor and City Council must approve any and all sewer projects undertaken and Charges imposed pursuant to this Section 50-80. (i) Rules. The Manager is authorized to issue directives, rules, and regulations concerning the application and enforcement of this Section 50-80. (j) City Exemption. The City is exempt from the payment of any of the Charges. 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. 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 5. This Ordinance shall go into effect upon its publication. ADOPTED this the 12th day of June, 2023. /s/ Harold Wales 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 Seibert thereupon moved that the ordinance 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 ordinance had been unanimously carried. Councilman Lucas introduced the following resolution: RESOLUTION NUMBER 2023 - 1890 A RESOLUTION AUTHORIZING A COST SHARING SEWER PROJECT IN THE STRAIN ROAD REGION  _______________________________________________ WHEREAS, there are a number of property owners/developers in the Strain Road region, located west of Swan Creek, within the city of Athens, Alabama (in what will be referred to as the Lakewood-Meadows region), that desire to develop their real property into residential subdivisions (and those owners/developers are listed herein); WHEREAS, these property owners/developers believe that they can each realize cost savings if, rather than constructing their own individual sewer lift stations, they pool their resources together to financially contribute to the City’s construction of a regional sewer lift station and related infrastructure in the Strain Road area (the “Project”); WHEREAS, the approximate cost of the Project and its related infrastructure is $2,208,298.18, and the City has received commitments from the private owners/developers to contribute approximately $2,026,335.44 toward such project; WHEREAS, the City is willing to support this concept by designing and constructing the Project because: (i) the property owners/developers are committing to pay for most of the Project cost, and (ii) the City will also realize a cost savings over time due to the expense of maintaining one regional sewer lift station, as opposed to the expense of maintaining several different sewer lift stations; and WHEREAS, this sewer project would be undertaken pursuant to Section 50-80 of the Code of Ordinances, City of Athens, which provides for sewer projects to be funded in part by property owners/developers in the area to be served, and by sanitary sewer development charges imposed on future users of the Project infrastructure. THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA on June 12, 2023 at 4:30 PM, as follows: 1. The Project is approved as described herein, pursuant to Section 50-80 of the Code of Ordinances, City of Athens. 2. The Mayor (and/or his designee) is authorized to enter into agreements with the following owners/developers relating to their financial contributions to the Project as shown below: (a) BC HSV Meadows, LLC Meadows Phase 1 and 2 $585,341.63 (b) Dilitina Development Corporation, Inc. Villas at Swan Creek $521,142.87 (c) Dry Creek Capital Investments, LLC Strain North $301,118.02 (d) Dilitina Development Corporation, Inc. Lakewood $618,732.93 3. Such agreements shall contain such terms and provisions as may be approved by the Mayor, but shall substantially be in the form shown in Attachment 1 hereto. 4. The City’s water and sewer department may impose sanitary sewer development charges for future uses of the Project as is provided for in Section 50-80 of the Code of Ordinances, City of Athens. 5. This Resolution shall not go into effect unless and until the City Council has awarded the contract for the Project by a separate instrument. ADOPTED this the 12th day of June, 2023. /s/ Harold Wales PRESIDENT, CITY COUNCIL, CITY OF ATHENS, ALABAMA ATTACHMENT 1 LAKEWOOD-MEADOWS REGIONAL PUMP STATION AGREEMENT This LAKEWOOD-MEADOWS REGIONAL PUMP STATION AGREEMENT (the “Agreement”) is hereby made and entered into as of the ____ day of _____________, 2022 (the “Effective Date”), between XXXX, LLC, an Alabama limited liability company, (the “Owner”) and the City of Athens, Alabama (the “City”). The Owner and the City may from time to time be referred to individually as a “Party” and collectively as the “Parties”. WITNESSETH: WHEREAS, there are a number of property owners/developers in a particular geographic area within the city of Athens, Alabama, including Owner, that desire to develop their real property into residential subdivisions; WHEREAS, due to the absence of public sewer infrastructure in the area capable of handling the transportation of sewage by gravity flow, each of those property owners/developers considered paying for and installing sewer lift stations and force mains to serve their own respective developments (which lift stations and force mains would, after construction and in due course, be dedicated to the City as a part of its public sewer system); WHEREAS, these property owners/developers believe that they can each realize a tremendous cost savings if they pool their resources so that a regional sewer lift station can be constructed by the City at the property owners/developers expense, as opposed to a number of separate sewer lift stations for each of their developments; WHEREAS, the City is willing to support this concept by designing and constructing the regional sewer lift station (on the terms stated herein) because the City will also realize a cost savings over time due to the expense of maintaining one regional sewer lift station, as opposed to the expense of maintaining several different sewer lift stations; WHEREAS, the Owner is the owner of the following described real property: [Enter legal description] (the “Property”); WHEREAS, the Property consists of approximately ___ acres (the “Acreage”); WHEREAS, the City and the Owner agree that it is fair and appropriate for the Owner, with respect to the Property, to contribute the sum of $____________ to the City, for the City’s use in constructing the regional lift station that will be available to serve the Property; WHEREAS, the Owner intends, at some point in the near future, to seek final plat approval from the Planning Commission of the City of Athens, Alabama (the “Planning Commission”) for the subdivision of the Property, to support the Owner’s desire to develop a residential subdivision on the Property; and WHEREAS, the Parties are desirous of setting forth the proposals and respective commitments of the Parties in a valid, binding and enforceable agreement, as more fully described herein. NOW, THEREFORE, upon and in consideration of the respective promises and covenants contained herein and for other good and valuable consideration, the receipt, adequacy and sufficiency of which are hereby acknowledged, the Parties hereto agree as follows: ARTICLE I - OBLIGATIONS OF THE PARTIES Section 1.1 - Owner’s Payment Obligation.  (a) The Owner shall pay the City the amount of and 00/100 Dollars ($ .00) (the “Contribution”). (b) The Owner may elect to pay the Contribution to the City at any time in installments or in a lump sum, but in any case, the total amount of the Contribution must be paid by the Owner to the City by no later than June 1, 2028. (c) Until the Contribution has been fully paid by the Owner, the Owner shall pay the City a portion of the Contribution each time that the City’s manager of the water and sewer department (the “Manager”) signs a final plat (approved by the Planning Commission and made subject to approval by the Manager) relating to all or part of the Property. The portion of the Contribution to be paid at such time shall be equal in dollars to the total number of acres shown on such plat (excluding any areas designated for future development) divided by the amount of the Acreage, with the resulting number then multiplied by the Contribution (but such amount may not exceed the remaining amount of the Contribution that has not been paid by the Owner at such time). Section 1.2 - Owner’s Letter of Credit. Unless the Owner pays the City the entire Contribution on the Effective Date of this Agreement, then, as security for the Owner’s payment obligation of the Contribution to the City, the Owner shall present to the City no more than two (2) weeks after the Effective Date, in a manner and form acceptable to the City and in substantially the same form as shown in Exhibit A hereto, an irrevocable letter of credit in the amount of the Contribution (or in the remaining amount of the Contribution owed to the City, if the Owner has paid the City a portion of the Contribution as of the Effective Date). If the letter of credit is required by this Section 1.2, but the Owner does not provide the letter of credit to the City within two (2) weeks of the Effective Date, then the City may cancel this Agreement, and it shall have no further obligations to the Owner whatsoever arising from the terms of this Agreement. The following terms shall apply to such letters of credit: (a) The letter of credit shall be issued by a United States commercial bank having a credit rating on its senior unsecured debt of (i) “A3” or higher from Moody’s, or (ii) “A-“ or higher from S&P, or such other credit or financial institution acceptable to the City. (b) At any time, the Owner may request a reduction in the amount of the letter of credit, and the City shall allow a reduction in the amount if, in the City’s reasonable judgment, the amount to be paid by the Owner under this Agreement will be lower than the then-present amount of the letter of credit. (c) In the event that the Owner does not pay the City as required by this Agreement, then the City may present for payment and draw upon the letter of credit as needed in order to pay the amount required by this Agreement. (d) The letter of credit may be drawn upon by the City as needed to satisfy the obligations hereunder, and shall be payable to the City immediately (upon the demand of the City upon the City’s presentation of the letter of credit at a location of the financial institution within 100 miles of Athens, Alabama, unless at a location otherwise expressly approved in writing by the Mayor of the City, in his/her sole discretion). The City shall provide the Owner with written notice of its intent to draw on the letter of credit at least five (5) business days prior to the City doing so. (e) The term of the letter of credit shall be for at least one (1) year, or such shorter term as the Mayor of the City may agree, but it shall automatically renew for successive one (1) year periods, or such shorter periods as the Mayor of the City may agree. The Owner will provide any replacement letters of credit, in a form and manner acceptable to the City as set forth herein, to ensure that the end of any term of a letter of credit does not create a failure of the letter of credit requirements hereunder. If the Owner has not provided such a replacement letter of credit to the City within thirty (30) days prior to the date of the expiration of the term of the letter of credit, then the City may draw upon the then-current letter of credit, and apply the proceeds therefrom as payment for the Owner’s obligations under this Agreement. (f) The Owner shall keep the irrevocable letter of credit (or any replacement letter of credit) in effect until the City provides the Owner and the issuing bank with written notice that (i) either (x) all of the obligations of the Owner referenced in this Agreement have been paid in full by the Owner, or (y) the Owner’s obligations under this Agreement are no longer in effect, and (ii) the letter of credit may be cancelled. The City will provide written notice to the Owner and the issuing bank upon satisfaction of such obligations.  Section 1.3 - City’s Construction of Regional Sewer Lift Station. As consideration for the promises of the Owner as set forth herein, the City shall construct and operate a regional sewer lift station that will be available to serve the Owner’s development on the Property (the “Regional Lift Station”). The following terms and provisions shall apply: (a) The Regional Lift Station will be designed by the City in a form and manner that satisfies all applicable standards and objectives of the City, with the cost of the Regional Lift Station borne by the City (but the City shall apply the Owner’s payment of the Contribution to reimburse the City for its expense with respect to the same). (b) The City agrees to consult in good faith with Owner, from time to time, concerning the design, cost, progression and schedule of the Regional Lift Station. The Owner recognizes that while the City cannot warrant or promise any date of completion of the Regional Lift Station, the City will, commencing upon the execution of this Agreement by the parties, work diligently and in good faith in an effort to cause the Regional Lift Station to be completed on a reasonable timeline that is acceptable to Owner. (c) The Owner agrees to cause the conveyance to the City, at no cost to the City, of any portion of the Property that is reasonably deemed needed by the City in order to construct the Regional Lift Station, including but not limited to the provision of any easement(s) that the City’s engineers reasonably deem is needed in order have sufficient land for the equipment and facilities related to the Regional Lift Station (such as the force main(s) extending from the Regional Lift Station and the gravity flow sewer lines extending to the Regional Lift Station. In conjunction with such conveyance(s), the Company will provide the City with a title opinion from an Alabama licensed attorney, or a title commitment from a title company acceptable to the City, showing that the grantor of such conveyance owns an unrestricted fee simple interest in the property and has the full power and authority to convey the same to the City. (d) In satisfying its obligations as set forth herein, the City retains its sole authority to design and construct the Regional Lift Station and its related lines, facilities, and equipment, and does not, through the operation of this Agreement, delegate, share, or require the approval of any other person or entity with respect to the same. The City does not extend any express or implied warranty of any kind for any of the work performed by the City, or any of its officers, employees and agents, described in this Agreement, and any such warranty is hereby disclaimed. (e) The Regional Lift Station and all of its related lines, facilities, and equipment that are constructed by the City in accordance with this Agreement shall become a part of the City’s public sewer system. As such, the Regional Lift Station and all of its related lines, facilities, and equipment shall be and remain the sole property of the City, and Owner shall have no ownership interest in the same. (f) Once the Regional Lift Station has been constructed by the City and put into operation, the Owner, upon the development of its Property, shall have the right to connect to the City’s sewer system so as to utilize the Regional Lift Station for the development of the Property, to the same extent that the Owner would have had the right to do so if the Regional Lift Station had been constructed and operational at the time of the Owner’s request for sewer service for the Property. The Owner understands and agrees that such connection to the City’s sewer system shall be on the same terms, fees, and conditions as are generally applicable to similarly-situated persons (that are not a Party to the Agreement or one like it) that desire to connect to the City’s sewer system, and that the Owner shall not enjoy any waiver, reduction, mitigation, or other modification of any fee, charge, rule, or regulation of the City because the Owner has paid the Contribution or is otherwise a party to this Agreement. Section 1.4 –Refund or Additional Contribution. The Owner and the City acknowledge and agree that the City has determined the amount of the Contribution, based on the City’s good faith and reasonable apportionment of the City’s expected total costs to construct the Regional Lift Station between all of the various owners and developers in the area that the City expects to be served by the Regional Lift Station in a substantial manner. If, during the construction or after the completion of the Regional Lift Station, the City determines, in its reasonable and sole discretion, that its total costs for the construction of the Regional Lift Station were lower than anticipated, then it may refund a portion of the Contribution to the Owner. Likewise, if, during the construction or after the completion of the Regional Lift Station, the City determines, in its reasonable and sole discretion, that its total costs for the construction of the Regional Lift Station exceed those that were anticipated, then it may increase the amount of the Contribution required of the Owner (but in no event shall the increase in the amount of the Contribution exceed twenty percent (20%) of the original amount of the Contribution). In such event, the additional amount of the Contribution shall be due and payable by the Owner within thirty (30) days after notice of the same by the City, or in the alternative, the City may allow payment of the additional amount of the Contribution on the same terms and conditions as are required hereby for payment of the Contribution, including but not limited to the posting of a letter of credit as security for the additional amount until it is paid.  ARTICLE II - REPRESENTATIONS AND WARRANTIES OF THE PARTIES Section 2.1 - Representations and Warranties of the Owner. In order to induce the City to enter into this Agreement, the Owner represents and warrants to the City: (a) Owner Subsistence; Power; Authority. The Owner is duly organized, validly subsisting and in good standing under the laws of the State of Alabama, and duly qualified and with full power and authority generally to do business in the State of Alabama, with all legal power and authority to undertake, observe and perform all of the Owner’s agreements and obligations hereunder. The Owner’s entry into this Agreement, and the observance and performance of the Owner’s agreements and obligations hereunder, have been duly approved by all necessary action of the trustees, directors, shareholders, members and/or partners (as may be applicable) of the Owner. This Agreement constitutes the valid and binding obligations of the Owner, enforceable in accordance with its terms. (b) No Conflicts. The Owner’s execution and delivery of this Agreement and its compliance with the provisions hereof will not conflict with or constitute a breach of, or a default under, any of the provisions of any applicable law, rule, regulation or order of any court, administrative agency, bureau, board, commission, office, authority, department or other governmental entity. The Owner is not a party to or bound by any agreement or obligation or subject to any restriction or to any applicable law, rule, regulation or order of any court, administrative agency, bureau, board, commission, office, authority, department or other governmental entity, which might result in a material impairment of the rights or abilities of the Owner to perform its obligations hereunder. (c) Litigation. There are no judgments, orders, suits, actions, garnishments, attachments or proceedings of any nature by or before any court, commission, board or other governmental body pending, or to the knowledge of the Owner threatened, which involve or affect, or could involve or affect: (a) the validity or enforceability of this Agreement, (b) any risk of any judgment or liability being imposed upon the Owner which could materially adversely affect the financial condition of the Owner or the Owner’s ability to observe or perform fully its agreements and obligations hereunder. Section 2.2 - Representations and Warranties of the City. In order to induce the Owner to enter into this Agreement, the City represents and warrants to the Owner: (a) Authority. The City has all legal power and authority to undertake, observe and perform all of the City's agreements and obligations hereunder. The City's entering into this Agreement, and all the observance and performance of the City's agreements and obligations hereunder, have been duly approved by all necessary action of the City. (b) No Conflicts. The City is not a party to or bound by any agreement or obligation or subject to any restriction or to any applicable law, rule, regulation or order of any court, administrative agency, bureau, board, commission, office, authority, department or other governmental entity, which might result in a material impairment of the rights or abilities of the City to perform its obligations hereunder. ARTICLE III - MISCELLANEOUS Section 3.1 - Governing Law. The governing law of this Agreement shall be the law of the State of Alabama, without regard to conflicts of law provisions. Section 3.2 - Severability. In case any one or more of the provisions contained herein should be invalid, illegal or unenforceable in any respect and for any reason whatsoever, the validity, legality and enforceability of the remaining provisions hereof shall not in any way be affected or impaired thereby, and in the event any such provision is held to be invalid, illegal or unenforceable, the Parties shall make their best efforts to agree on a provision in substitution for such invalid, illegal or unenforceable provision that is as near in economic benefit as possible to the provision found to be invalid, illegal or unenforceable.  Section 3.3 - Assignment. This Agreement is not assignable by either Party without the consent of the other Party, and any attempt to do so is null and void. Nothing in this section, however, shall prevent the City from engaging appropriate consultants, experts, agents or outside representatives to perform the City’s obligations under this Agreement on behalf of the City. Section 3.4 - Binding Nature. The commitments and obligations set forth herein are binding upon the Parties hereto and their respective successors and permitted assigns. Section 3.5 - No Third-Party Beneficiaries. Other than as set forth in this Agreement, this Agreement does not confer any rights or remedies upon any person other than the Parties and their respective successors and permitted assigns. Section 3.6 - Article and Section Titles and Headings. The article and section titles and headings are for convenience only and do not define, modify or limit any of the terms and provisions hereof. Section 3.7 - Survival of Representations and Warranties. The covenants, representations and warranties made by each of the Parties hereto and contained herein shall survive the performance of any obligations to which such covenants, representations and warranties relate. Section 3.8 - Entire Agreement. This Agreement constitutes the entire agreement among the Parties hereto and supersedes any prior understandings, agreements or representations by or among the Parties hereto, whether written or oral to the extent they relate to the subject matter hereof. Section 3.9 - Compliance with Laws. Nothing in this Agreement relieves the Owner or any related person or entity from the obligation to comply with all City ordinances and regulations and all other applicable laws, with respect to the Owner’s development and subdivision of real property within the city of Athens, Alabama, including but not limited to the ordinances, rules, regulations, and fees with respect to the City’s pubic sewer system. Section 3.10 - Counterparts. This Agreement may be executed in counterparts, each of which shall constitute but one and the same agreement. Section 3.11 - Notice. (a) All notices, demands, consents, certificates or other communications hereunder shall be in writing, shall be sufficiently given and shall be deemed given when delivered personally to the party or to an officer of the party to whom the same is directed, or mailed by registered or certified mail, postage prepaid, or sent by overnight courier, addressed as follows: i. if to the City: ii. if to the Owner: City Hall ___________ City of Athens ___________ 200 West Hobbs Street ___________ Athens, Alabama 35611 ___________ ___________ Attention: Mayor Attn: ____________ Attention: Manager of Athens Water Services (b) Any such notice or other document shall be deemed to be received as of the date delivered, if delivered personally, or as of three (3) days after the date deposited in the mail, if mailed, or the next business day, if sent by overnight courier. Section 3.12 - Amendments. This Agreement may be amended or supplemented only by an instrument in writing duly authorized, executed and delivered by each Party hereto.  Section 3.13 - No Joint Venture. Nothing in this Agreement shall create any joint venture, partnership or other relationship between the Parties. Section 3.14 - Waiver. No waiver of any breach, violation or default of this Agreement shall be construed as a waiver of any subsequent breach, violation or default hereof. Section 3.15 - Drafting. The parties hereto acknowledge that each of them has had the opportunity to contribute to the drafting of this Agreement, and, as a consequence, that the Agreement should not be construed for or against any party to it. IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first above indicated. /signature lines/ Councilmember Harper moved that unanimous consent be given for immediate consideration of and action on said resolution, which motion was seconded by Councilmember Seibert, and upon the said motion being put to vote the following vote was recorded: YEAS: Councilmembers Seibert, Wales, 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 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. Councilwoman Henry introduced the following resolution: RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA, at its meeting on June 12. 2023, that the Council authorizes a capital amount of $37,965.00 to be funded from the Water Services Department cash reserves for the increase to the well development consulting agreement with Cassady Company, Inc. to conduct further test water well investigations, and the Water Services Department Director, for and on behalf of the City of Athens, is authorized to enter into this agreement to complete this work. Councilmember Seibert moved that unanimous consent be given for immediate consideration of and action on said resolution, which motion was seconded by Councilmember Harper, and upon the said motion being put to vote the following vote was recorded: YEAS: Councilmembers Seibert, Wales, 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 Henry 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 Lucas introduced the following resolution: RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA, at its meeting on June 12, 2023, that the Council authorizes a capital amount of $243,410.00 to be funded from the Water Services Department cash reserves for Ardurra Group, Inc. to conduct a process operations assessment of the wastewater treatment plant and develop a capital improvements master plan to upgrade the plant, and the Water Services Department Director, for and on behalf of the City of Athens, is authorized to enter into this agreement 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 Seibert, 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 Harper introduced the following resolution: RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA, at its meeting on June 12, 2023, that the Council authorizes the amount of $84,907.56 for the construction of an equipment shed for the Wastewater Collection Division of Water Services, and the Water Services Director, for and on behalf of the City of Athens, is authorized to execute a contract with Summertown Metals, LLC for this construction. The motion was seconded by Councilman Seibert and was unanimously carried. Councilman Seibert introduced the following resolution: RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA, to accept the estimate of Premier Structures, Inc. for the construction of a sidewalk in front of the Salty Cod Restaurant at a cost of $24,000 to be funded through a general fund budget amendment to the Street Department Special Projects line item. 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 Seibert 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 Harper introduced the following resolution: RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA, to accept the proposal of 5R Design, PC for professional and engineering design services for a proposed mausoleum. The proposal includes boundary and topo services and landscape and architectural design services for the proposed site on Stewart Drive. The total cost of these services is not to exceed $40,000 and shall be funded through a general fund budget amendment to line item 100.527.90111, Transfers Out – Capital Projects Fund. Councilmember Lucas moved that unanimous consent be given for immediate consideration of and action on said resolution, which motion was seconded by Councilmember Seibert, and upon the said motion being put to vote the following vote was recorded: YEAS: Councilmembers Seibert, Wales, 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. Councilman Lucas introduced the following resolution: RESOLUTION NUMBER 2023 - 1891 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA, to allow the Mayor to use RAA funds in partnership with Limestone County and Grayson Carter and Sons Inc. for the paving and patching along Moyers Rd for 2023 under the Bituminous Paving Contract from Lucas Ferry Rd to US-31. Grayson Carter and Sons, Inc. is to commit $100,000 dollars as part of the agreement to complete this project, and the remaining costs to be split between Limestone County and the City of Athens at an approximate cost to the City of Athens not to exceed $250,000. ADOPTED and APPROVED this, the 12th day of June, 2023. /s/ Harold Wales PRESIDENT, CITY COUNCIL, 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 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 Lucas thereupon moved that the resolution be finally adopted, which motion was seconded by Councilmember Seibert and upon the said motion being put to vote the following vote was recorded: YEAS: Councilmembers Seibert, Wales, 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 Seibert introduced the following resolution: RESOLUTION NUMBER 2023 – 1892 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA, to allow Public Works to enter into an agreement with Alabama Guardrail to repair guardrail on Forrest St. The budgeted cost is $5,250, and shall be funded from the Gas Tax. ADOPTED and APPROVED this, the 12th day of June, 2023. /s/ Harold Wales PRESIDENT, CITY COUNCIL, CITY OF ATHENS, ALABAMA Councilmember Harper moved that unanimous consent be given for immediate consideration of and action on said resolution, which motion was seconded by Councilmember 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 Seibert thereupon moved that the resolution be finally adopted, which motion was seconded by Councilmember Harper and upon the said motion being put to vote the following vote was recorded: YEAS: Councilmembers Seibert, Wales, 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 introduced the following resolution: RESOLUTION NUMBER 2023 - 1893 WHEREAS, the Alabama Community Development Block Grant Program has been established to assist local governments in meeting community development and housing needs consistent with the objectives as set forth in Title I of the Housing and Community Development Act of 1974, as amended; and WHEREAS, the City of Athens has received a Community Development Block Grant to construct drainage system improvements, street improvements, sewer system improvements, and the construction/repair of sidewalks in the Vine Street Neighborhood. THEREFORE, in accordance with CDBG regulations the City of Athens has advertised and received bids from qualified contractors to construct the above referenced infrastructure improvements. NOW, THEREFORE, be it resolved that the City of Athens has received bids on this project from interested contractors and have determined that Rogers Group Incorporated is the qualified low bidder on this project and is not on HUD’s debarred contractor list; and THAT, William R. Marks, Mayor, is hereby authorized to enter into a contract on behalf of the City of Athens with Rogers Group Incorporated in the amount of $2,066,197.86 to construct the infrastructure improvements in the Vine Street Neighborhood. READ AND ADOPTED this the 12th day of June 2023. Signed for the City of Athens: /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 Seibert, 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. Councilwoman Henry introduced the following resolution: RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA to reschedule the regular July 10th, 2023 City Council meeting to July 17th, 2023 at the same place and time. The motion was seconded by Councilman Seibert and was unanimously carried. Bill Davis, 201 Utah St, addressed the City Council and stated that he was thankful that the zoning ordinance is being changed regarding the timeframe for notices and that he was proud that they stood up to the organized lobbyists. Mr. Davis is concerned about the dust and construction near his home. Ollie Turner, addressed the City Council regarding his daughter’s home on Summer Ridge Drive and the water that runs down her property. Mr. Turner stated that he was informed three months ago that the City was responsible for digging a flume and wants something done. At approximately 6:15 p.m., Councilman Seibert introduced a motion to enter into executive session. Councilman Seibert’s motion was then seconded by Councilman Harper. Prior to the vote, City Attorney, Shane Black, provided an oral declaration that the business to be discussed in the executive session satisfied the following exception as prescribed in the Open Meetings Act: to discuss the consideration the governmental body is willing to offer or accept when considering the purchase, sale, exchange, lease, or market value of real property. Councilman Seibert’s motion was unanimously approved. The Council came out of executive session at approximately 6:30 p.m. There being no further business to come before the meeting, the same was, upon motion by Councilman Harper and second by Councilman Seibert, duly and properly adjourned. /s/ Harold Wales PRESIDENT, CITY COUNCIL ATTEST: /s/ Annette Barnes CITY CLERK