City Council

February 26, 2024 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 February 26, 2024 at 4:30 p.m. The meeting was called to order by Councilwoman Dana Henry, 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, City Clerk, was present and recorded the minutes of the meeting. Councilman Lucas offered the invocation. Mayor Marks led the Pledge of Allegiance. The Chairperson stated that a quorum was present and that the meeting was open for transaction of business. The Chairperson stated that the Minutes of the February 12, 2024 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 Wales and was unanimously carried. The Chairperson stated that the Minutes of the February 12, 2024 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 Wales and was unanimously approved. Mayor Marks read a statement regarding an update on Strain Roads East and West. The statement read as follows: “Last week, Communities Unlimited – an organization referred to the City of Athens by residents – notified the City that surveys related to sewer service were not yet complete. Dinah Foreman, our contact with Communities Unlimited, said she planned to be out on Saturday (Feb. 24) visiting residences where no one was home on previous visits. She reported she is collecting information related to the age, condition, and location of septic tanks and issues residences told her they are experiencing with septic tanks. Once Communities Unlimited provides the City with the information from the surveys, City staff will review the issues and challenges to determine next steps, such as preliminary engineering to run sewer and cost estimates. Mrs. Foreman will coordinate a meeting between the City and ADEM to discuss potential funding.” The Mayor recognized that several of the Mayor’s Youth Commissioners were in attendance. Councilman Lucas stated that he wants the citizens of the East and West Strain Roads area that he is very interested in the welfare of the area and that the City is still working on the situation. Council President Henry remarked that the Mayor’s Youth Commission met at the Limestone County Courthouse last week and participated in a mock trial. Mrs. Henry praised Municipal Judge Eddie Alley and attorney, Michael Sizemore for their participation. Councilman Seibert introduced the following resolution: RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA, to approve the following travel expenses for Councilwoman Dana Henry: Washington, D.C. January 30th – January 31st, 2024 $144.24 The motion was seconded by Councilman Harper and was carried with four yeas. Council President Henry abstained. Councilman Seibert introduced the following resolution: RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA, to approve travel/education expenses for the following personnel of the Cemetery, Parks and Recreation Department:  Carrie Moss ARPA Conference $370.91 February 4 – 7, 2024 Lucas Moss ARPA Conference $164.06 February 4 – 7, 2024 Bryant Royals ARPA Conference $151.04 February 4 – 7, 2024 The motion was seconded by Councilman Harper and was carried with four yeas. Council President Henry abstained. Councilman Seibert 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 Gas Services Department: Johnette Whitmire ANGA round table Tuscaloosa, AL February 6th-8th, 2024 $ 365.70 The motion was seconded by Councilman Harper and was carried with four yeas. Council President Henry abstained. Councilman Seibert 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 $148.29. Avery Macon Miscellaneous Driving of Personal Vehicle $148.29 February 12, 2024 The motion was seconded by Councilman Harper and was carried with four yeas. Council President Henry abstained. Councilman Seibert introduced the following resolution: RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA, to purchase one (1) 2024 International Flatbed Truck MV607, for the Gas Services Department. This purchase will be made from the State of Alabama Bid List from Southland Transportation Group at a cost of $95,630.59. Funding for this purchase will be from the Gas Services Department FY 2024 capital budget. The motion was seconded by Councilman Harper and was carried with four yeas. Council President Henry abstained. Councilman Seibert introduced the following resolution: RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA to approve a tractor mower boom brush with winch capacity and rotary boom mounted cutter to be purchased from the State of Alabama Department of Transportation at a cost not to exceed $112,000.00. This purchase is to be funded from the existing Sanitation Department Capital Account, line item #301.500.85002. The motion was seconded by Councilman Harper and was carried with four yeas. Council President Henry abstained. Councilman Seibert introduced the following resolution: RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA to approve a diesel truck with service body crew cab and vehicle strobe lightbar to be purchased from the State of Alabama Department of Transportation at a cost not to exceed $38000.00. This purchase is to be funded from the existing Street Department Capital Account, line item #301.500.85002. The motion was seconded by Councilman Harper and was carried with four yeas. Council President Henry abstained. Councilman Seibert introduced the following resolution: RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA, to authorize the Mayor to issue a purchase order to Ingram Equipment in the amount of $432,000 for the purchase of a 2025 residential automated garbage truck. This purchase shall be from the Sourcewell Contract number 091219-THC and shall be funded from the existing Sanitation Department Capital Account, line item #301.500.85002. The motion was seconded by Councilman Harper and was carried with four yeas. Council President Henry abstained. Councilman Seibert introduced the following resolution: RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA, to purchase one (1) 2024 Dodge crew cab pick-up truck for the Engineering Services and Community Development Department. This purchase will be made from the State of Alabama Bid List from Stivers Ford Lincoln Montgomery, AL at a cost not to exceed $45,000 and shall be funded from the existing Engineering Department capital account. The motion was seconded by Councilman Harper and was carried with four yeas. Council President Henry abstained. Councilman Seibert introduced the following resolution: RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA, to accept the quote of Brindlee Mountain Fire Apparatus for repairs to the Athens Fire & Rescue reserve truck in an amount not to exceed $29,800. Funding for this purchase will be from the existing Fire Department capital account. The motion was seconded by Councilman Harper and was carried with four yeas. Council President Henry abstained. Councilman Seibert introduced the following resolution: RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA, to approve a purchase from Global Rental Company, Inc., Birmingham, Alabama, for one 2024 41’ Articulating Telescopic Aerial Device with Service Body and Cab and Chassis through Sourcewell Contract# 062320-ALT for a total price of $186,789.00. The motion was seconded by Councilman Harper and was carried with four yeas. Council President Henry abstained. 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 Mayor’s Office, which includes the following 6 positions: 1. Executive Assistant 2. Communications Coordinator 3. Activity Center Manager 4. Activity Center Assistant 5. Part-time Activity Center Assistant 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 job descriptions for the Mayor’s Office:  Activity Center Manager, Job Description Dated, 2/2/2024  Activity Center Assistant, Job Description Dated, 2/2/2024 The motion was seconded by Councilman Harper and was unanimously carried. Councilman Harper introduced the following ordinance: STATE OF ALABAMA LIMESTONE COUNTY CITY OF ATHENS ORDINANCE NUMBER 2024 - 2311 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA, that Ordinance Number 888, establishing a master classification plan for employees is hereby amended to be effective: 02/13/2024. Add the following job titles to the list of positions for the Mayor’s Office. (1) Activity Center Manager (2) Activity Center Assistant Delete the following job title to the list of positions for the Mayor’s Office. (1) Business Development Coordinator ADOPTED this the 26th day of February, 2024 /s/ Dana Henry 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 Lucas 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 Seibert seconded the motion to adopt the ordinance. 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 accept the proposal of Anders Pool & Spa Company to install two new commercial sand filters, piping, plumbing and related equipment in the pool at the City of Athens Sportsplex at a cost of $80,045. This expenditure is to be funded through a general fund budget amendment to line item 100.516.82805, Swimming Pool Maintenance. 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 seconded the motion to adopt the ordinance. 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, to authorize Public Works to purchase delineators for three locations along Lindsay lane in an amount not to exceed $5,500. The project shall be funded from the Gas Tax Fund. 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 Harper seconded the motion to adopt the ordinance. 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 2024 – 1939 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA, to allow the City Engineer to enter into a professional design service agreement for the awarded TAPAA-TA24(908) sidewalk and pedestrian bridge along US-31 (SR-3) from Juniper Circle to Elm Street (AL-99) with Morell Engineering, Inc., cost not to exceed $118,350 and funded by the Capital Infrastructure Fund. ADOPTED and APPROVED this, the 26th day of February, 2024. /s/ Dana Henry PRESIDENT, CITY COUNCIL, CITY OF ATHENS, ALABAMA /s/ William R. Marks MAYOR, CITY OF ATHENS, ALABAMA ATTEST: /s/ Annette Barnes CITY CLERK, CITY OF ATHENS, ALABAMA Councilmember Seibert moved that unanimous consent be given for immediate consideration of and action on said 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 seconded the motion to adopt the ordinance. 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 NUMBER 2024 – 1940 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA, to authorize Public Works to purchase solar powered flashing sign for pedestrian crossings and warning signs along Forrest St in an amount not to exceed $15,000. The project shall be funded from the Gas Tax Fund. ADOPTED and APPROVED this, the 26th day of February, 2024. /s/ Dana Henry 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 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 Seibert seconded the motion to adopt the ordinance. 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 2024 – 1941 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA: That the City enter into an agreement with the State of Alabama, acting by and through the Alabama Department of Transportation relating to a project for: Realignment of South Clinton Street at SR-2, including turn lanes and traffic signals; Project # ATRP2-42-2022-089; CPMS Ref#100074511, 100078552 and 100075082. Which agreement is before this Council, and that the agreement be executed in the name of the City, by the Mayor for and on its behalf and that it be attested by the City Clerk and the official seal of the City affixed thereto. BE IT FURTHER RESOLVED, that upon the completion of the execution of the agreement by all parties, that a copy of such agreement be kept on file by the City. ADOPTED and APPROVED this, the 26th day of February, 2024. /s/ Dana Henry PRESIDENT, CITY COUNCIL, CITY OF ATHENS, ALABAMA /s/ William R. Marks MAYOR, CITY OF ATHENS, ALABAMA ATTEST: /s/ Annette Barnes CITY CLERK, CITY OF ATHENS, ALABAMA The motion was seconded by Councilman Harper and was unanimously carried. Councilman Harper introduced the following resolution: RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA, to authorize Public Works to construct a sidewalk from Racheal’s Loop to 5th Avenue along the east side of Hine St for an amount not to exceed $75,000. This project will be funded through a 2024 general fund budget amendment to line item 100.517.86000, Sidewalks. 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 Wales seconded the motion to adopt the ordinance. 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 February 26, 2024, that the Council authorizes an unbudgeted capital amount of $235,181.80 to be funded from the Water Services Department cash reserves for a contract with Grayson Carter & Son Contracting, Inc., to replace the outlet sanitary sewer from Meadowbrook Subdivision at Newton Boulevard, 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 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 seconded the motion to adopt the ordinance. 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 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA, at its meeting on February 26, 2024, that the Council authorizes an unbudgeted capital amount of $5,651,831.05 to be funded from the Water Services Department cash reserves for a contract with Apel Machinery & Supply Company, Inc., to construct Phase 3 upgrades to the Upper Swan Creek Sanitary Sewer Trunk Line, 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 Wales 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 seconded the motion to adopt the ordinance. 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 ordinance: ORDINANCE NUMBER 2024 - 2312 AN ORDINANCE REGARDING THE EXCHANGE OF REAL PROPERTY LOCATED NEAR CLOVERLEAF LANE AND THE WASTEWATER TREATMENT PLANT WHEREAS, the City of Athens owns the following property adjoining Cloverleaf Lane: Lot 2 of a Replat of a Portion of Lot 1 of Shaw Johnson Farm Subdivision Phase 1, and Other Lands, as shown in Plat Book L, Page 39, in the Office of the Judge of Probate of Limestone County, Alabama (“Tract 2”); WHEREAS, Four Girls, LLC owns the following property adjacent to the City’s wastewater treatment plant: A TRACT OF LAND BEING SITUATED IN THE SOUTHEAST QUARTER OF SECTION 16, TOWNSHIP 3 SOUTH, RANGE 4 WEST, IN LIMESTONE COUNTY, ALABAMA, BEING A PORTION OF LOT ONE OF SHAW JOHNSON FARM SUBDIVISION PHASE 1, AS RECORDED IN PLAT BOOK K PAGE 93, IN THE OFFICE OF THE JUDGE OF PROBATE OF LIMESTONE COUNTY, ALABAMA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A FOUND CONCRETE MONUMENT SITUATED ON THE SOUTHEAST CORNER OF SECTION 16, TOWNSHIP 3 SOUTH, RANGE 4 WEST, LIMESTONE COUNTY, ALABAMA, SAID FOUND CONCRETE MONUMENT ALSO BEING THE POINT OF BEGINNING OF THE HEREIN DESCRIBED TRACT; THENCE FROM THE POINT OF BEGINNING RUN NORTH 87°58'35" WEST AT A DISTANCE OF 672.00 FEET TO A POINT; THENCE RUN NORTH 01°18'37" WEST AT A DISTANCE OF 117.94 FEET TO A POINT; THENCE RUN NORTH 85°08'19" EAST AT A DISTANCE OF 340.20 FEET TO A POINT; THENCE WITH A CURVE TURNING TO THE LEFT WITH AN ARC LENGTH OF 61.11 FEET, WITH A RADIUS OF 65.00 FEET, WITH A CHORD BEARING OF SOUTH 67°55'39" EAST, AND A CHORD LENGTH OF 58.89 FEET TO A POINT; THENCE RUN NORTH 85°08'19" EAST AT A DISTANCE OF  190.00 FEET TO A POINT; THENCE RUN SOUTH 89°52'52" EAST AT A DISTANCE OF 91.76 FEET TO A POINT; THENCE RUN SOUTH 00°07'08" WEST AT A DISTANCE OF 164.26 FEET TO THE POINT OF BEGINNING; SAID TRACT CONTAINS 2.25 ACRES, MORE OR LESS. (the “Adjacent Property”); WHEREAS, the City desires to acquire the Adjacent Property to use for an expansion of its wastewater treatment facilities; WHEREAS, the City desires to transfer Tract 2 to Four Girls, LLC, in exchange for Four Girls, LLC conveying the Adjacent Property to the City; WHEREAS, the City Council desires that a fifty foot wide strip over and across Tract 2 be dedicated to the City for its future use as an extension of Cloverleaf Lane, and such corridor is more specifically described below: That 50.00 food wide corridor that is shown as a part of Lot 2 of a Replat of a Portion of Lot 1 of Shaw Johnson Farm Subdivision Phase 1, and Other Lands, as shown in Plat Book L, Page 39, in the Office of the Judge of Probate of Limestone County, Alabama. Said corridor, being dedicated as a public way by this Deed of Dedication, is the same real property that is shown and described on such recorded plat as a “private drive” or as a “ingress/egress easement” (the “Corridor”); WHEREAS, the City Council finds that the receipt of the Adjacent Property constitutes a fair, adequate and reasonable consideration in exchange for Tract 2, 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; and WHEREAS, the City Council finds that Tract 2 is no longer needed for public or municipal purposes. THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA, while in session on February 26, 2024 at 4:30 PM, as follows: 1. The Mayor, for and on behalf of the City of Athens, Alabama, is authorized to transfer Tract 2 to Four Girls, LLC, in exchange for Four Girls, LLC’s transfer of the Adjacent Property to the City of Athens, Alabama. 2. Such transfer shall ensure that the City accept the dedication of the Corridor as a public right of way, and the City Council does hereby authorize the Mayor, for and on behalf of the City, to accept such dedication of the Corridor. Such transfer shall also ensure that the Adjacent Property is transferred to the City without any mortgage or other lien encumbering the Adjacent Property.  3. Such transfer shall be upon such terms and conditions as the Mayor finds to be reasonable and appropriate, that are not inconsistent with the terms set forth in this Ordinance. 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. ADOPTED this the 26th day of February, 2024. /s/ Dana Henry 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 Wales seconded the motion to adopt the ordinance. 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 Seibert introduced the following resolution: RESOLUTION NUMBER 2024 - 1942 This resolution made this 26 day of February, 2024 (the Effective Date) by the City Council of Athens, AL(the Granting Authority), to grant a tax abatement to Gloria Wheeler (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 $1,200,000; and WHEREAS, the Company is duly qualified to do business in the State of Alabama, and has powers to enter into, and to perform and observe the agreements and covenants on its part contained in the Tax Abatement Agreement; and WHEREAS, the Granting Authority represents and warrants to the Company that it has power under that constitution and laws of the State of Alabama (including particularly the provisions of the Act) to carry out provisions of the Tax Abatement Agreement; NOW THEREFORE, be it resolved by the Granting Authority as follows: Section 1. Approval is hereby given to the application of the Company and abatement is hereby granted of (check all that apply): ■ all state and local non-educational property taxes, ■ all construction related transaction taxes, except those construction related transaction taxes levied for educational purposes or for capital improvements for education, and /or all mortgage and recording taxes as the same may apply to the fullest extent permitted by the Act. The period of abatement for the non-educational property taxes (if applicable) shall extend for a period of 10 years measured as provided in Section 40-9B-3(a)(12) of the Act. Section 2. The Mayor of the City of Athens, for and on behalf of the City, as authorized by the Granting Authority, shall enter into an abatement agreement with the Company to provide for the abatement granted in Section 1. Section 3. A certified copy of this resolution, with the application and abatement agreement, shall be forwarded to the Company to deliver to the appropriate local taxing authorities (if applicable) and to the Alabama Department of Revenue in accordance with the Act. Section 4. If the Mayor of the City of Athens determines that the Company is not correctly identified herein, such that the name of the person or entity responsible for the Project and/or entitled to receive the tax benefits attributable to the Project is different than the name of the Company identified herein, then the Mayor is authorized, upon the mutual cancellation of the abatement agreement referenced herein, to enter into a restated abatement agreement with the correctly identified person or entity responsible for the Project. Section 5. 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. ADOPTED this the 26th day of February, 2024. /s/ Dana Henry PRESIDENT, CITY COUNCIL, CITY OF ATHENS, ALABAMA The motion was seconded by Councilman Lucas and was unanimously carried. Councilman Harper introduced the following resolution: RESOLUTION NUMBER 2024 - 1943 This resolution made this 26 day of February, 2024 (the Effective Date) by the City Council of Athens, AL(the Granting Authority), to grant a tax abatement to Cast Products, 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 $5,575,000; and WHEREAS, the Company is duly qualified to do business in the State of Alabama, and has powers to enter into, and to perform and observe the agreements and covenants on its part contained in the Tax Abatement Agreement; and WHEREAS, the Granting Authority represents and warrants to the Company that it has power under that constitution and laws of the State of Alabama (including particularly the provisions of the Act) to carry out provisions of the Tax Abatement Agreement; NOW THEREFORE, be it resolved by the Granting Authority as follows: Section 1. Approval is hereby given to the application of the Company and abatement is hereby granted of (check all that apply): ■ all state and local non-educational property taxes, ■ all construction related transaction taxes, except those construction related transaction taxes levied for educational purposes or for capital improvements for education, and /or all mortgage and recording taxes as the same may apply to the fullest extent permitted by the Act. The period of abatement for the non-educational property taxes (if applicable) shall extend for a period of 10 years measured as provided in Section 40-9B-3(a)(12) of the Act. Section 2. The Mayor of the City of Athens, for and on behalf of the City, as authorized by the Granting Authority, shall enter into an abatement agreement with the Company to provide for the abatement granted in Section 1. Section 3. A certified copy of this resolution, with the application and abatement agreement, shall be forwarded to the Company to deliver to the appropriate local taxing authorities (if applicable) and to the Alabama Department of Revenue in accordance with the Act. Section 4. If the Mayor of the City of Athens determines that the Company is not correctly identified herein, such that the name of the person or entity responsible for the Project and/or entitled to receive the tax benefits attributable to the Project is different than the name of the Company identified herein, then the Mayor is authorized, upon the mutual cancellation of the abatement agreement referenced herein, to enter into a restated abatement agreement with the correctly identified person or entity responsible for the Project. Section 5. 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. ADOPTED this the 26th day of February, 2024. /s/ Dana Henry PRESIDENT, CITY COUNCIL, CITY OF ATHENS, ALABAMA The motion was seconded by Councilman Lucas and was unanimously carried. Mayor Marks recognized Cast Products and thanked them for their investment to our community. David Malone, 1300 Somerest Drive, Athens, commended the Mayor’s Youth Commission. Mr. Malone commented on the beautification of the Brownsferry and Vine Street area and asked the Council for help in removing trees on an adjacent property. Laverne Gilbert, 609 Levert Avenue, Athens, expressed her appreciation to Council President Henry for her help in getting signs placed at Thach-Mann Cemetery and also to Mayor Marks for his support in addressing the issue of trash in the City. Mayor Marks and Councilman Lucas thanked Ms. Gilbert for her passion regarding litter in the community. * * * There being no further business to come before the meeting, Council President Henry asked for a motion to adjourn. Councilman Seibert made the motion and Councilman Lucas seconded that motion. The meeting was duly and properly adjourned. /s/ Dana Henry PRESIDENT, CITY COUNCIL ATTEST: /s/ Annette Barnes CITY CLERK