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City Council

Regular Meeting

Athens, AL · June 24, 2024

AgendaMinutes

Minutes

June 24, 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 June 24, 2024 at 4:30 p.m. The meeting was called to order by Councilwoman 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 Seibert 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 June 10, 2024 City Council Meeting and Work Session Meeting had been submitted for approval. Councilman Wales moved that the reading of the Minutes be suspended and that the Minutes be approved as recorded. The motion was seconded by Councilman Seibert and was unanimously carried. Mayor Marks cautioned everyone to be mindful of the heat, concerning people, children and activities outside. The Mayor stated that a tournament was held over the weekend at the Sportsplex with over forty teams and was a big success. He then turned the floor over to James Rich, Public Works Director. Mr. Rich announced that Erin Tidwell, City Planner, had passed her certification for American Certified Planners and congratulated her on her accomplishment. Shane Black, City Attorney, Councilman Harper and Councilman Seibert congratulated Miss Tidwell on her recent accomplishment also. Councilman Wales stated that he had been receiving numerous complaints regarding the delineators that have been placed on Lindsay Lane. Mr. Wales noted that the farmers are having a difficult time maneuvering their equipment around them. He then remarked that a contractor has left wires and items in the street on Indian Trace Road and has blocked one of the lanes. Councilman Lucas stated that there is a hole where 3rd and Coleman Streets meet. Mr. Lucas remarked that it has been repaired before but needs further attention. He also said that there is a manhole on Westmoreland that needs to be raised. Council President Henry remarked that she has driven around the city and noticed that the parks are very well used. Mrs. Henry thanked the Parks and Recreation Department for keeping them neat and clean. Councilman Wales introduced the following resolutions: RESOLUTION NUMBER 2024 - 1972 A RESOLUTION CONCERNING APPOINTMENTS _______________________________________________ WHEREAS, the City Council makes several appointments that are tied to the term of the City Council and the Mayor; WHEREAS, the Alabama Legislature extended the term of the current city councils and mayors from 2024 to 2025; and WHEREAS, those appointments tied to the term of the Mayor and Council should also be extended to 2025. THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA on June 24TH, 2024 at 4:30 PM, that the current appointments of the City Clerk-Treasurer (Annette Barnes-Threet), Police Chief (Anthony Pressnell), Fire Chief (James Hand), Municipal Court Prosecutor (Lucas Beaty), City Attorney (Hand Arendall), Fiscal Agent (Frazer Lanier), and part-time Municipal Judge (Eddie Alley) are all extended and/or confirmed so that their respective current terms of appointment will run until the City Council’s first organizational meeting in November, 2025. ADOPTED this the 24th day of June, 2024. /s/ Dana Henry PRESIDENT, CITY COUNCIL, CITY OF ATHENS, ALABAMA RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA, that there will be a public hearing at the Athens City Council’s regular meeting on August 12, 2024, at 4:30PM, concerning the proposal to renew/revise the Limestone County Solid Waste Management. RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA, to set a Public Hearing for the regular meeting on July 22, 2024 to consider the request of Shana C. Winter to annex +/- 31.21 acres of property and zone EST (Estate Residential and Agricultural), located at 16415 Oakdale Road (Parcel #: 44-10-01-11-0-000-025.000) within the corporate limits of the City of Athens. RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA, to authorize the Director of Sanitation to buy two pick-up trucks from Alabama Department of Transportation in the amount of $60,000 to be funded from the existing Sanitation Department capital line item. RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA to purchase seventy Glock 45 9mm duty weapons and accessories for a cost of $63,386.84 from GT Distributors. Funding for this purchase will be from the Police Department’s existing capital expenditure account. The City Council finds that this purchase involves products related to, or having an impact upon the safety of individuals, and as such, competitive bidding is not required pursuant to 41-16-51(a)(15) of the Code of Alabama. RESOLUTION BE IT RESOLVED BY THE CITY COUNCILOF THE CITY OF ATHENS, ALABAMA, to approve the purchase of a Lincoln Electric Power MIG 256 from Airgas. This purchase shall be funded from the existing Street Department capital account and shall not to exceed $5000.00. The motion was seconded by Councilman Seibert and was unanimously carried. Councilman Lucas introduced the following resolution: RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA, to authorize the Mayor to enter into a contract with Alta Planning + Design, Inc. for a scope of work to develop a master plan for development at Swan Creek Park. This contract shall be funded from the proceeds of the General Obligation Warrants, Series 2024, not to exceed $150,000. 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 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 Harper 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 task order to Morell Engineering for geotechnical services related to the design/construction of Phase 1 expansion of Roselawn Cemetery. The cost of the services includes 10 borings for the columbarium buildings , 10 test pits for traditional burial sites and 10 test pits for planned parking and drive areas. Test results will be utilized for the design requirements of proposed improvements. These project services shall not exceed $13,500 and shall be funded from the proceeds of the 2024 GO Warrants. Councilmember Wales 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 Harper introduced the following resolution: RESOLUTION NUMBER 2024 - 1973 WHEREAS, Athens Fire and Rescue needs to replace its gas-powered PPV fans to battery-powered fans that do not release carbon monoxide, are more portable, and are easier to store, and; WHEREAS, Athens Fire utilizes these fans to remove smoke from facilities and the battery-powered fans will assist the department in providing a safer and more efficient response, and; WHEREAS, the Mayor’s Office received a $2,500 CSX grant, and $7,500 in community grants from the Limestone County Legislative Delegation (Rep. Danny Crawford, Sen. Larry Stutts, Rep. Ben Harrison, Rep. Parker Moore, Sen. Arthur Orr and Rep. Phillip Rigsby) for a total of $9,000 in grant funding; NOW THEREFORE, BE IT RESOLVED, that the Athens City Council approves the purchase of two PPV fans for $11,330 (includes shipping) from Rescue 1, and paying for the purchase with the $9,000 in grants and $2,330 in matching funds from Athens Fire’s capital funds. READ AND ADOPTED this the 24th day of June 2024. 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 Seibert moved that unanimous consent be given for immediate consideration of and action on said resolution, which motion was seconded by Councilmember Wales, and upon the said motion being put to vote the following vote was recorded: YEAS: Councilmembers Seibert, Wales, Lucas, Henry and Harper; NAYS: None. The President thereupon declared that the motion for unanimous consent for immediate consideration of and action on the said resolution had been unanimously carried. Councilmember Lucas 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, to approve the FY 2025 Electric Department budget and spread the same on the minutes. PROPOSED FY 2025 ELECTRIC DEPT. BUDGET REVENUES: Metered Electric Sales $ 164,973,698 Miscellaneous Revenue $ 3,550,000 Aid to Construction $ 5,500,000 TOTAL OPERATING REVENUE $ 174,023,698 EXPENSES: Employee Expense – Salaries and Benefits $ 12,635,422 Purchased Power $ 134,618,538 System Operation and Maintenance Expenses $ 3,833,288 Customer Service Expense $ 2,312,599 Uncollectable Account Expenses $ 225,000 Administrative and General Expenses $ 2,303,426 Vehicle & Equipment Operation and Maintenance $ 755,000 Tax Equivalent Payments $ 3,115,138 Debt Service Expenses $ 4,513,285 General Fund Salaries & Expenses $ 250,000 Construction In Progress $ 4,410,000 Transformers $ 2,500,000 Meters $ 410,000 TOTAL OPERATING EXPENSES $ 171,881,698 NET OPERATING BUDGET $ 2,142,000 DRAW FROM RESERVES $ 500,000 CAPITAL EXPENDITURES Vehicles $ 955,000 Parking Lot Re-Paving (From Reserves) $ 500,000 Fiber to Substations $ 60,000 Building Improvements $ 50,000 Misc. Tools and Equipment $ 100,000 Network Equipment $ 25,000 Continue Upgrade of Substations $ 100,000 Regulator/Capacitor Controls $ 40,000 Substation & Spare Voltage Regulators $ 75,000 Pole Top Reclosers $ 40,000 SCADA System Maint. and SCADA radios $ 40,000 Computer Hardware and Software $ 35,000 OMS and Mapping $ 15,000 Office Equipment $ 27,500 Substation Maintenance Equipment $ 5,000 Substation and Industrial Metering $ 7,500 Traffic Light Modernization $ 25,000 Security System (Cameras) $ 10,000 System Improvements (From Reserve) $ 500,000 TOTAL CAPITAL EXPENDITURES $ 2,610,000 TOTAL NET BUDGET $ 32,000 The motion was seconded by Councilman Harper and was unanimously carried. Councilman Lucas introduced the following resolution: RESOLUTION NOW, THEREFORD, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA, at its meeting on June 24th, 2024, that the Council authorizes the amount of $34,201.89 from the Water Services Department cash reserves for services to upgrade and connect fiber optic wire at the wastewater facilities located on Sanderfer Road, and the Information Technology Director, for and on behalf of the City of Athens, is authorized to direct C-Spire Business to provide these services. 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 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 NUMBER 2024 - 1974 A RESOLUTION COMPLYING WITH THE REQUIREMENTS OF SECTION 7.2(c) OF THE TRUST INDENTURE BETWEEN THE CITY OF ATHENS AND THE BANK OF NEW YORK MELLON TRUST COMPANY, N.A., DATED AS OF JULY 1, 2017, AS SUPPLEMENTED BE IT RESOLVED by the City Council (herein called the "Council") of the City of Athens (herein called the "City"), in the State of Alabama, as follows: In order to comply with the requirements of Section 7.2(c) of that certain Trust Indenture between the City and The Bank of New York Mellon Trust Company, N.A., dated as of July 1, 2017, as supplemented by that certain First Supplemental Indenture dated as of June 1, 2020, and that certain Second Supplemental Indenture dated as of May 1, 2022 (as so supplemented, herein called the "Indenture"), so that $29,945,000 aggregate principal amount of Water and Sewer Revenue Warrants, Series 2024, dated June 27, 2024 (herein called the "Series 2024 Warrants"), of the City may be issued as additional securities under the provisions of the Indenture, the Council does hereby adopt this resolution; request that the said bank, as trustee under the Indenture, authenticate and deliver the Series 2024 Warrants to the purchaser hereinafter named; and make the following recitals preliminary to the issuance of the Series 2024 Warrants: the City is not at this time in default under the Indenture and no such default is imminent; the Series 2024 Warrants are to be issued by sale and none thereof is to be issued by exchange; the sale price of the Series 2024 Warrants is $30,245,583.85 (which represents an underwriting discount of $238,062.75 and net original issue premium of $538,646.60 as reflected by the prices or yields shown on the cover page of the Official Statement hereinafter referred to); (4) the person to whom the Series 2024 Warrants have been sold and shall be delivered is The Frazer Lanier Company, Incorporated, Montgomery, Alabama; (5) no securities have previously been issued by the City under the Indenture or under any indenture supplemental thereto other than (i) $18,355,000 aggregate principal amount of the City's Water and Sewer Revenue Warrants, Series 2017, dated July 27, 2017, now outstanding in the aggregate principal amount of $12,855,000, (ii) $18,540,000 aggregate principal amount of the City's Water and Sewer Revenue Warrants, Series 2020, dated June 11, 2020, now outstanding in the aggregate principal amount of $16,300,000, and (iii) $35,120,000 aggregate principal amount of the City's Water and Sewer Revenue Warrants, Series 2022, dated May 3, 2022, now outstanding in the aggregate principal amount of $35,120,000; and (6) the Series 2024 Warrants are being issued for the purposes of (i) providing approximately $30,000,000.00 for various capital improvements to the City's water works plant and distribution system and sanitary sewer system (the "Systems"), including, without limitation, wastewater treatment plant process improvements and sanitary sewer collection and conveyance improvements necessary to address growth in and around the City and associated demands on the Systems, (ii) purchasing a municipal bond insurance policy for the Series 2024 Warrants, (iii) purchasing a surety bond to fund the debt service reserve fund of the Indenture, and (iv) and paying the costs of issuing the Series 2024 Warrants. ADOPTED this 24th day of June, 2024. /s/ Dana Henry PRESIDENT, CITY COUNCIL, CITY OF ATHENS, ALABAMA Authenticated: /s/ Annette Barnes CITY CLERK, CITY OF ATHENS, ALABAMA APPROVED this 24th day of June, 2024. /s/ William R. Marks MAYOR, CITY OF ATHENS, ALABAMA The motion was seconded by Councilman Harper and was unanimously carried. Councilman Seibert introduced the following ordinance: ORDINANCE NUMBER 2024 - 2323 AN ORDINANCE AUTHORIZING THE ISSUANCE OF THE CITY'S $29,945,000 PRINCIPAL AMOUNT OF WATER AND SEWER REVENUE WARRANTS, SERIES 2024, DATED JUNE 27, 2024 BE IT ORDAINED by the City Council (herein called the "Council") of the City of Athens (herein called the "City"), in the State of Alabama, as follows: Section Findings. After investigation duly made by it and based upon the information obtained from such investigation, the Council hereby makes the following findings and declares the following statements to be true: it is necessary and desirable to construct various capital improvements to the City's water works plant and distribution system and sanitary sewer system (herein collectively called the "Systems"), including, without limitation, wastewater treatment plant process improvements and sanitary sewer collection and conveyance improvements necessary to address growth in and around the City and associated demands on the Systems; for the purpose of providing a portion of the funds necessary to finance the costs of said capital improvements to the Systems, purchasing a municipal bond insurance policy for the Series 2024 Warrants hereinafter described, purchasing a surety bond to fund the debt service reserve fund under the Indenture hereinafter described and paying the expenses related to the issuance of the Series 2024 Warrants, it will be necessary that the Series 2024 Warrants be issued as authorized in this ordinance and pursuant to the applicable provisions contained in the Third Supplemental Indenture attached as Exhibit A to this ordinance; and (c) the said net revenues will, immediately following the issuance of the Series 2024 Warrants, be sufficient to make timely payment of all principal and interest on obligations of the City payable out of said net revenues, including, without limitation, the Series 2024 Warrants, the City's Water and Sewer Revenue Warrants, Series 2017, dated July 27, 2017, the City's Water and Sewer Revenue Warrants, Series 2020, dated June 11, 2020, and the City's Water and Sewer Revenue Warrants, Series 2022, dated May 3, 2022. Section Authorization of the Series 2024 Warrants. Pursuant to the applicable provisions of the constitution and laws of Alabama, including particularly Section 11-47-2, as amended, and for the purpose of providing funds for the purposes referred to in Section 1 of this ordinance, there are hereby authorized to be issued by the City $29,945,000 aggregate principal amount of its Water and Sewer Revenue Warrants, Series 2024 (herein called the "Series 2024 Warrants"), under the terms, conditions and provisions set out in the Third Supplemental Indenture (herein called the "Third Supplemental Indenture") authorized in Section 6 of this ordinance. All of the provisions thereof respecting the Series 2024 Warrants are hereby adopted as a part of this ordinance. Section Source of Payment of the Series 2024 Warrants and Pledge Therefor. The obligation evidenced and ordered paid by the Series 2024 Warrants shall be a limited obligation of the City payable solely out of the revenues from the operation of the Systems as specified in the Third Supplemental Indenture, and shall not constitute a general obligation of the City or be subject to any charge on or against its general funds, its taxing powers, or its constitutional debt limit. Section Series 2024 Warrants to Constitute Additional Warrants Issued Under the Indenture Covering the Systems. The Series 2024 Warrants shall be issued as additional securities under the reserved power contained in Section 7.2 of that certain Trust Indenture between the City and The Bank of New York Mellon Trust Company, N.A., dated as of July 1, 2017, as supplemented by that certain First Supplemental Indenture dated as of June 1, 2020, and that certain Second Supplemental Indenture dated as of May 1, 2022 (as so supplemented, herein called the "Indenture"), and shall be entitled to and shall have the pledges and other rights and privileges accorded to the securities issued under that document and each supplement thereto, including specifically (but without limiting the generality thereof) the pledge made in the Indenture for payment of the principal of and interest on all securities issued thereunder on a parity with all other securities that may at any time be issued pursuant to its provisions. Section Resolution Complying With the Requirements of Section 7.2(c) of the Indenture. In order to comply with the requirements of Section 7.2(c) of the Indenture preliminary to the issuance of the Series 2024 Warrants as additional securities thereunder, the Council has adopted, at the same meeting at which this ordinance is adopted, a resolution containing the recitations required in Section 7.2(c) of the Indenture to be made by the City. Section Authorization of Third Supplemental Indenture. The Mayor of the City is hereby authorized to execute and deliver, in the name and behalf of the City, the Third Supplemental Indenture in the form attached as Exhibit A to and constituting a part of this ordinance, and the City Clerk is hereby authorized and directed to affix thereto and attest thereon the corporate seal of the City. Upon full execution of the Third Supplemental Indenture, the Mayor is authorized and directed to deliver it to the trustee thereunder. All provisions of the Third Supplemental Indenture are hereby adopted as a part of this ordinance to the same extent as if they were set out in full herein. Section Sale of the Series 2024 Warrants; Delivery Thereof and Use of Proceeds Therefrom. The Series 2024 Warrants are hereby sold to The Frazer Lanier Company, Incorporated (herein called the "Underwriter"), at a purchase price equal to $30,245,583.85 (which represents an underwriting discount of $238,062.75 and net original issue premium of $538,646.60, allocated among the various maturities as reflected by the prices or yields shown on the cover page of the Official Statement hereinafter referred to). The Mayor and the City Clerk are each hereby authorized to execute a purchase contract with the Underwriter evidencing said sale, and all such actions heretofore taken by such officers are ratified and confirmed in all respects, and the said officers are further directed to consummate the execution, sealing and attestation of the Series 2024 Warrants and to deliver them to the said purchaser upon payment to the City of the purchase price therefor. Simultaneously with such delivery, the City Treasurer is authorized and directed to pay the proceeds from the said sale to the Trustee who shall apply them in the manner and for the purposes set out in Section 2.5 of the Third Supplemental Indenture. Section Ratification of Preliminary Official Statement; Authorization of Official Statement. The action of the Underwriter in circulating a Preliminary Official Statement with respect to the Series 2024 Warrants in the form presented to the meeting at which this ordinance is adopted (which form shall be attached to the minutes of such meeting as Exhibit B thereto and which is hereby adopted in all respects as if set out in full in this ordinance) is hereby ratified, approved and confirmed in all respects. The Mayor is hereby authorized to execute for and in behalf of the City an Official Statement with respect to the Series 2024 Warrants in substantially the form of the Preliminary Official Statement, with such changes necessary to reflect the terms of the sale of the Series 2024 Warrants. Section Authorization of Continuing Disclosure Agreement. In order to assist the Underwriter in complying with Rule 15c2-12 of the Securities and Exchange Commission, the Council hereby authorizes and directs the Mayor to execute and deliver, for and in behalf of the City, a Continuing Disclosure Agreement in substantially the form presented to the meeting at which this ordinance is adopted (which form shall be attached as Exhibit C to the minutes of the meeting at which this ordinance is adopted and which is hereby made a part of this ordinance as if set out in full herein), and hereby authorizes and directs the City Clerk of the City to affix to the Continuing Disclosure Agreement the seal of the City and to attest the same. Section Compliance with Certain Requirements of the Code. The City will comply with all conditions to and requirements for the exemption from gross income for federal income taxation of the interest income on the Series 2024 Warrants imposed by Section 103 of the Internal Revenue Code of 1986, as amended (herein called the "Code"). Without limiting the generality of the foregoing, the City will not apply the proceeds from the Series 2024 Warrants in a manner that would cause any of the Series 2024 Warrants to be a "private activity bond" within the meaning of Section 141(a) of the Code, and the City will comply with the requirements of Section 148 of the Code in order that the Series 2024 Warrants will not be "arbitrage bonds" within the meaning of said Section 148. Section Debt Service Reserve Agreement. The actions of the Mayor and City Clerk heretofore taken with respect to the procurement of the municipal bond insurance policies for the Series 2024 Warrants and for the debt service reserve fund of the Indenture are hereby ratified and confirmed in all respects. The Council hereby authorizes and directs the Mayor to execute and deliver, for and in behalf of the City, a Debt Service Reserve Agreement in substantially the form presented to the meeting at which this ordinance is adopted (which form shall be attached as Exhibit D to the minutes of the meeting at which this ordinance is adopted and which is hereby made a part of this ordinance as if set out in full herein), and hereby authorizes and directs the City Clerk of the City to affix to the said Debt Service Reserve Agreement the seal of the City and to attest the same. Section Additional Documents and Actions Authorized. The Mayor and the City Clerk, or either of them, are each hereby authorized and directed to execute such other documents or certificates necessary in order to carry out the transactions contemplated by this ordinance and the Indenture, and all such actions heretofore taken by the Mayor or City Clerk or any other officer or agent of the City are hereby ratified and confirmed in all respects. The City understands that one of the principal inducements to the purchase of the Series 2024 Warrants by the purchaser thereof is that the interest on the Series 2024 Warrants be and remain exempt from federal income taxation. Accordingly, without limiting the generality of the foregoing, the said Mayor and the said City Clerk are each hereby authorized and directed to cause to be prepared, signed on behalf of the City and filed with the Internal Revenue Service Form 8038-G or other form prescribed by the Internal Revenue Service as a condition to the exemption of the interest income on the Series 2024 Warrants from federal income taxation. The said Mayor and City Clerk are each hereby authorized and directed to execute such certificates, agreements and other documents respecting the Code, as contemplated by this ordinance and the Indenture, to the end that the interest on the Series 2024 Warrants be and remain exempt from federal income taxation. The Mayor and the City Clerk are each hereby authorized to make the elections authorized to be made under the regulations promulgated under Section 148 of the Code. Section This Ordinance a Contract. The provisions of this ordinance shall constitute a contract between the City and each holder of the Series 2024 Warrants until they shall have been paid in full or provision made for the payment thereof as provided in the Indenture, and all the agreements on the part of the City herein and therein contained with respect thereto shall have been performed, then upon the happening of such events the obligations of the City hereunder shall thereupon cease. Section Severability. The various provisions of this ordinance are hereby declared to be severable. In the event any provision hereof shall be held invalid by a court of competent jurisdiction, such invalidity shall not affect any other portion of this ordinance. ADOPTED this 24th day of June, 2024. /s/ Dana Henry PRESIDENT, CITY COUNCIL, CITY OF ATHENS, ALABAMA Authenticated: /s/ Annette Barnes CITY CLERK, CITY OF ATHENS, ALABAMA APPROVED this 24th day of June, 2024. /s/ William R. Marks MAYOR, CITY OF ATHENS, ALABAMA Exhibit A Form of Third Supplemental Indenture (Entire supplement can be found in the ordinance folder) Exhibit B Form of Preliminary Official Statement (Entire statement can be found in the ordinance folder) Exhibit C Form of Continuing Disclosure Agreement (Entire agreement can be found in the ordinance folder) Exhibit D Form of Debt Service Reserve Agreement (Entire agreement can be found in the ordinance folder) Councilmember Harper moved that unanimous consent be given for immediate consideration of and action on said ordinance, which motion was seconded by Councilmember Wales, and upon the said motion being put to vote the following vote was recorded: YEAS: Councilmembers Seibert, Wales, 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 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 ordinance had been unanimously carried. Councilman Harper introduced the following resolution: RESOLUTION TO APPROVE FY 2024 BUDGET AMENDMENTS BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA, to approve the following FY 2024 budget amendments as follows: Expenses Administrative and General 100.510.80500 – Publications $ 6,500 100.510.81801 – Insurance – General $ 40,000 100.510.82100 – Audit Fees $ 12,000 100.510.83400 – Athens Activities Center Expenses $ 20,000 Municipal Court 100.511.80700 – Software Licenses/Maintenance $ 1,400 100.511.82000 – Legal & Professional Fees $ 15,000 100.511.82405 – Office Equipment Rent/Maintenance $ 1,000 Fire Department 100.513.81200 – Building Maintenance $ 2,500 100.513.84000 – Equipment Rental $ 30,000 Planning Department 100.514.80103 – Salaries - Overtime $ 6,000 100.514.80500 – Publications $ 9,000 100.514.82000 – Legal Fees $ 15,000 100.514.82405 – Office Equipment Rent/Maintenance $ 2,000 Street Department 100.517.82403 – Vehicle Maintenance–Supplies $ 40,000 100.517.82404 – Vehicle Maintenance–Outsource $ 80,000 Sanitation Department 100.518.82403 – Vehicle Maintenance-Supplies $ 30,000 100.518.82404 – Vehicle Maintenance–Outsource $ 140,000 100.518.84000 – Equipment Rental $ 26,400 Building Inspection Department 100.519.83200 – Travel & Professional Development $ 2,500 Public Works Department 100.520.80500 – Publications $ 3,000 100.520.81200 – Building Maintenance $ 6,500 100.520.83500 – Engineering Expense $ 25,000 Information Technology Department 100.521.80103 – Salaries - Overtime $ 15,000 100.521.80700 – Software Licenses/Maintenance $ 4,000 100.521.82403 – Vehicle Maintenance–Supplies $ 2,500 100.521.82404 – Vehicle Maintenance–Outsource $ 1,000 Total Expenses $ 536,300 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. The following ordinance was made for “Introduction Only” by Councilman Lucas at the June 10th, 2024 regular Council meeting: ORDINANCE NUMBER 2024 - 2324 AN ORDINANCE AMENDING VARIOUS SECTIONS OF CHAPTER 22 OF THE CITY CODE CONCERNING CITY CEMETERIES _____________________________________________________________________ WHEREAS, § 11-47-20 of the Code of Alabama provides that Alabama cities have the authority to regulate cemeteries, and § 11-45-1 of the Code of Alabama authorizes cities to adopt ordinances to provide for the health of the inhabitants in the City; and WHEREAS, the City Council desires to revise and update various sections of Chapter 22 of the Code of Ordinances of the City of Athens, Alabama, concerning city cemeteries. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA, while in regular session on June 10th, 2024, at 4:30 p.m., as follows: Section 1. Section 22-2 of the Code of Ordinances, City of Athens, Alabama, is hereby amended so that it reads as follows: Sec. 22-2. - Same—Care and supervision of cemeteries. (a) The cemetery department shall take care of and preserve the city cemeteries, and shall protect all graves, tombs, tombstones, monuments, fixtures and ornaments that have been properly erected in the city cemeteries. The cemetery department shall see that the city cemetery grounds are kept in good order, and exercise general supervision and protection of city cemeteries. (b) All fees and prices that are charged by the cemetery department with respect to performing its duties set forth in this Chapter shall be approved by the Mayor and posted in a manner that is accessible by the public. Section 2. Section 22-5 of the Code of Ordinances, City of Athens, Alabama, is hereby amended so that it reads as follows: Sec. 22-5. - Sale and transfer of lots—Lot prices; nature of rights in lots; transfer of lots; perpetual care trust fund established. (a) The cemetery department may make burial rights in cemetery lots of the city (or portions thereof) open for sale to the general public. One cemetery lot shall consist of eight (8) burial sites. Upon sale, a purchaser will acquire a burial right (the right to use a burial site for the interment of human remains) in a cemetery lot of the city. Such right is not an absolute right of property, but is instead a privilege or a license, subject to the regulation and control of the city. (b) Burial rights in cemetery lots shall be sold at prices that are set by the cemetery department. (c) The cemetery department may accept payment by personal checks, money orders, or cash in payment for rights in a cemetery lot or portion thereof. (d) The document from the city to the purchaser transferring a burial right(s) in a cemetery lot(s) (whether styled as a "deed," an "interment rights agreement", or otherwise) shall be issued by the mayor (or the director of the cemetery department). No burial rights in any lot or any portion thereof shall be sold until the purchase price is paid for the same. Such transfer document shall state, among other things, that the transfer is subject to such rules and regulations that the city may adopt for the regulation and control of its cemeteries, and that the city has the right, without legal proceedings or re-entry, to take possession of the lot and cancel the burial rights in the event that the transferee does not comply with the same. (e) A burial right in a cemetery lot is transferable to other persons. Any owner who desires to transfer his/her burial right to another person shall execute a transfer document (whether styled as an "Agreement - Transfer Cemetery Property", "Interment Rights Assignment" or otherwise) on a form which may be obtained from the cemetery department. A copy of said properly executed transfer document shall be filed with the cemetery department. The fee associated with filing said transfer document shall be established by the cemetery department. Said transfer document shall contain and remain subject to the same provisions and restrictions contained in the original transfer document pursuant to subsection (d) of this section. A person claiming ownership of burial rights to the cemetery lot by transfer from the original owner must provide written proof to the cemetery department's satisfaction that the record owner of the rights to the cemetery lot transferred those rights to the person claiming ownership. (f) If a person claims ownership of burial rights to a cemetery lot through inheritance, then the person claiming ownership of rights to the lot through inheritance must provide written proof to the satisfaction of the cemetery department that the person(s) claiming ownership of the rights is(are) the actual owner(s), through specific devise or inheritance. (g) A right of burial in a cemetery lot, upon the death of the owner (or other transferee), passes to the heirs at law of the deceased owner as if he/she had died intestate. There is an exception to this rule if the deceased person left a specific devise of such right in his/her last will and testament, and in that event the right will be transferred as stated in the probated will. (h) In cases where rights to a cemetery lot are owned by two or more persons, the cemetery department will handle interment requests on a first-come, first-served basis. Where rights to a cemetery lot are owned by two or more persons, the consent of all co-owners is not required for the interment of a co-owner or a member of the immediate family of a co-owner. However, the consent of all of the co-owners is required for the burial of a person who is neither a co-owner nor a member of the immediate family of one of the co-owners. For purposes of this subsection, members of an owner's "immediate family" include the owner's parents, spouse, children, and siblings. (i) Any person claiming ownership of burial rights with respect to a cemetery lot through inheritance or specific devise must complete a form warranting to the cemetery department that the claimant is the actual owner, and promising to indemnify the city (and its officers and agents) from any and all claims arising from such claim of ownership. (j) Twenty percent of the purchase price received by the cemetery department for the purchase of burial rights in cemetery lots or portions thereof shall be placed in a special trust fund and invested at the discretion of the city in interest bearing securities, which interest from said securities shall be used to maintain all lots. Section 3. Section 22-7 of the Code of Ordinances, City of Athens, Alabama, is hereby repealed. Section 4. Section 22-8 of the Code of Ordinances, City of Athens, Alabama, is hereby repealed. Section 5. Section 22-9 of the Code of Ordinances, City of Athens, Alabama, is hereby amended so that it reads as follows: Sec. 22-9. - Disinterment and removal permits—Required. No human remains buried in a city cemetery shall be disinterred without a permit from the director of the cemetery department subject to the approval of the health officer. Section 6. Section 22-10 of the Code of Ordinances, City of Athens, Alabama, is hereby amended so that it reads as follows: Sec. 22-10. - Notice as to interment. Notice to the cemetery department of an interment must be accompanied by directions as to the lot and the particular spot where the grave is to be open and this notice (and any related fees owed to the cemetery department) must be presented at least six working hours before the interment. Section 7. Section 22-11 of the Code of Ordinances, City of Athens, Alabama, is hereby amended so that it reads as follows: Sec. 22-11. - Depth of graves; interments regulations; time of interments. (a) For purposes of this Chapter 22, a “standard interment” shall refer to the traditional burial and interment of human bodily remains, without modification by a cremation process; a “cremation interment” shall mean the burial and interment of cremated human remains; and an "infant" shall mean any person who is less than two years of age at the time of such person's death. (b) All graves for standard interments shall be made at least five feet deep, except graves for the standard interment of infants, which may be made at least four feet deep and cremation interments, which may be made at least two feet deep. (c) All interments must meet the following regulations: (1) Interments must have a minimum of a fiberglass, wood, or metal container. (2) There shall never be more than one interment of human remains per burial site, except as follows: (i) where the burial site was occupied with one standard interment of a person before August 1, 2024: (x) a standard interment for that person’s infant child may also be made in the same burial site; or (y) a cremation interment for that person’s spouse, child, parent, or such other individual that is identified in writing to the cemetery department by the owner of the burial rights for such burial site at the same time as the standard interment, may also be made in the same burial site; (ii) where the burial site was occupied with one cremation interment of a person before August 1, 2024, a second cremation interment may be made in the same burial site. (iii) where the burial site was not occupied with any interment of human remains before August 1, 2024: (x) once a standard interment of a person’s remains has been made in a burial site, a cremation interment may also thereafter be made in the same burial site; (y) two cremation interments (with no standard interments) may be made in the same burial site; or (z) there may be two standard interments of human remains in the same burial site (with no cremation interments at such site), where: (a) both interments utilize a sealed fiberglass or metal vault that the cemetery department determines is likely of sufficient strength and durability as to be capable of permanently withstanding the typical loads associated with two standard interments in the same burial site, and (b) the interments meet such other requirements relating to depth of burial, advance notice, fill, logistics, reservation, scheduling, and/or position as the cemetery department may establish. In any such case (of (i), (ii), or (iii) above), the cemetery department may permit such additional interments per burial site where the cemetery department determines that the interments are made at a sufficient burial depth or with a sufficient permanently secured container, notwithstanding that the depths are less than otherwise required by (b) above. (d) No interments shall be made between sunset and sunrise without special permit from the director of the cemetery department. Section 8. Section 22-12 of the Code of Ordinances, City of Athens, Alabama, is hereby amended so that it reads as follows: Sec. 22-12. - Improvements—Permit required. (a) Permit required for improvements. Before any improvement (including a monument, tombstone, barrier, fill, flagpole, fixture or any other item reasonably appearing to be intended as a permanent addition) shall be made in the city cemetery by any person, such person must obtain an improvement permit authorizing the location, kind and character of the improvement from the cemetery department, and there shall be paid by such person desiring the permit a permit fee in an amount determined by the cemetery department. The cemetery department may determine whether or not to approve such permit, taking into account, among other things, whether the proposed improvement is detrimental or otherwise interferes with the adjacent lots or avenues, and whether it would interfere with the cemetery department's maintenance and control over the cemetery and its good order. (b) Removal of dangerous improvements. If, in the judgment of the cemetery department, any improvement presents a significant risk of injury or other danger, then the cemetery department may immediately remove such improvement, with or without notice, whether or not the same has been authorized by a permit, and dispose of the improvement. (c) Removal of unauthorized improvements. Any improvements made without a permit are subject to removal and disposal by the cemetery department, as follows: (1) Upon determination that an improvement has not been authorized, the cemetery department shall provide notice of such determination (i) to any living owner of the burial lot or grave that appears on the cemetery department's records, by regular United States mail, and (ii) by posting a sign or marker on the lot or grave containing the improvement. (2) A person responding to the notice shall have 30 days to remove the improvement, or to obtain approval of the improvement from the cemetery department pursuant to (a), above. (3) If the improvement is not removed, or approval of the cemetery department obtained, within 30 days of the notice, then the cemetery department may remove the improvement, and dispose of the same in any manner that it deems fit. Section 9. Section 22-16 of the Code of Ordinances, City of Athens, Alabama, is hereby amended so that it reads as follows: Sec. 22-16. - Grave opening charge. (a) There shall be a charge to the cemetery department for opening each adult grave, for opening each infant grave, and for opening a grave for cremated remains, whether adult of infant, in such amounts as set by the cemetery department. (b) There shall not be any burials on holidays that are observed as official paid holidays for city employees. Section 10. Section 22-19 of the Code of Ordinances, City of Athens, Alabama, is hereby amended so that it reads as follows: Sec. 22-19. - Relocation of small historical cemeteries. (a) The city, through its public works and cemetery departments, may provide a municipal service whereby the city coordinates and manages the relocation of small historical cemeteries located within the city (including but not limited to the removal of human remains and their relocation to a city cemetery location), upon the request of the owner of the property where the cemetery is located. (b) For purposes of this section, "small historical cemeteries" shall mean cemeteries within the city where the graves are over 75 years old and where the human remains interred do not appear, upon the initiation of such service, to exceed ten persons. (c) For providing such services, the city may charge the owner such fees as are equivalent to the actual expenses that are incurred by the city with respect to such services (including but not limited to the costs of publishing legal notices, acquiring cemetery lots, relocating human remains, and installing appropriate monuments), and may require the payment of such fees in advance. (d) In providing such services, the city may utilize its own employees and equipment, or in the judgment of the city, may utilize the services of third party vendors and contractors. The mayor (or his designee) is authorized to enter into contracts for the same, where all of the expenses for the same have been collected by the city in advance. (e) The public works and cemetery departments may issue rules and regulations in connection with the implementation of this section. Section 11. This Ordinance shall become effective immediately upon its lawful publication. Section 12. 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 13. The provisions of this Ordinance shall be included and incorporated in the Code of Ordinances of the City of Athens as an addition or amendment thereto, and shall be appropriately renumbered as necessary to conform to the uniform numbering system of the Code. ADOPTED this the 24th day of June, 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 Seibert and was unanimously carried. Councilman Seibert introduced the following ordinance: ORDINANCE NUMBER 2024 - 2325 AN ORDINANCE ANNEXING CERTAIN PROPERTY OWNED BY RED STICK PARTNERS, LLC _____________________________________________________________________ WHEREAS, Red Stick Partners, LLC, being the owner of all of the real property hereinafter described, did file with the City Clerk a petition asking that the real property described herein be annexed to and become a part of the City of Athens; WHEREAS, said petition did contain the signature of the owner of the described territory and a map of said property showing its relationship to the corporate limits of the City of Athens, Alabama; and WHEREAS, the Athens City Council determines that it is in the public interest that said property be annexed into the City of Athens, and it further determines that all legal requirements for annexing said real property have been met pursuant to §§ 11-42-20 through 11-42-24 of the Code of Alabama. THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA, on June 24TH, 2024, at 4:30 PM, as follows: Section 1. The City Council of the City of Athens, Alabama, finds and declares as the legislative body of the City that it is in the best interest of the citizens of the City, to bring the territory described in Section 2 of this Ordinance into the City of Athens. Section 2. The boundary lines of the City of Athens, Alabama, be, and the same are hereby altered or rearranged so as to include all of the territory heretofore encompassed by the corporate limits of the City of Athens, Alabama, and in addition thereto the property described below, lying and being in Limestone County, Alabama: A TRACT OF LAND LYING IN THE NORTHWEST QUARTER OF SECTION 2, TOWNSHIP 4 SOUTH, RANGE 4 WEST, LIMESTONE COUNTY, ALABAMA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A FOUND RAILROAD SPIKE AT THE NORTHWEST CORNER OF SECTION 2, TOWNSHIP 4 SOUTH, RANGE 4 WEST, THENCE SOUTH 89 DEGREES 10 MINUTES 38 SECONDS EAST, 834.99 FEET TO A POINT; THENCE SOUTH 01 DEGREES 03 MINUTES 08 SECONDS WEST, 99.82 FEET, TO A FOUND 1/2" REBAR STAMPED JOHNSON “CA-0193LS” LYING ON THE SOUTHERN RIGHT-OF-WAY MARGIN OF HUNTSVILLE BROWNSFERRY ROAD, SAID POINT BEING THE MOST NORTHERNWEST PROPERTY CORNER OF LAND OWNED BY RED STICK PARTNERS LLC RECORDED IN (DB 1067, PG 44) IN THE OFFICE OF THE JUDGE OF PROBATE FOR LIMESTONE COUNTY, ALABAMA; THENCE LEAVING SAID SOUTHERN RIGHT-OF-WAY MARGIN AND ALONG THE WESTERN BOUNDARY LINE OF SAID LAND OWNED BY REDSTICK PARTNERS LLC, SOUTH 01 DEGREES 03 MINUTES 08 SECONDS WEST, 224.44 FEET TO A FOUND 5/8” REBAR; THENCE NORTH 89 DEGREES 09 MINUTES 55 SECONDS WEST, 170.99 FEET, TO A FOUND 5/8” REBAR; THENCE ALONG THE MOST WESTERN BOUNDARY LINE, SOUTH 01 DEGREES 01 MINUTES 25 SECONDS WEST, 176.00 FEET TO A POINT LYING ON SAID WESTERN BOUNDARY LINE, AND BEING THE POINT OF BEGINNING; THENCE FROM THE POINT OF BEGINNING AND LEAVING SAID MOST WESTERN BOUNDARY LINE OF LAND OWNED BY RED STICK PARTNERS LLC, SOUTH 89 DEGREES 10 MINUTES 34 SECONDS EAST, 1993.21 FEET, TO A POINT IN THE CENTER OF DOGWOOD FLAT ROAD, SAID POINT LYING ON THE CENTER SECTION LINE OF SECTION 2, TOWNSHIP 4 SOUTH, RANGE 4 WEST; THENCE ALONG THE CENTER OF DOGWOOD FLAT ROAD AND SAID CENTER SECTION LINE, SOUTH 00 DEGREES 47 MINUTES 34 SECONDS WEST, 67.03 FEET, TO A POINT LYING ON SAID CENTER OF DOGWOOD FLAT ROAD AND SAID CENTER SECTION LINE; THENCE LEAVING SAID CENTER OF DOGWOOD FLAT ROAD AND SAID CENTER SECTION LINE, NORTH 89 DEGREES 32 MINUTES 08 SECONDS WEST, 1993.56 FEET, TO A FOUND 1/2” REBAR STAMPED JOHNSON “CA-0193LS”, SAID POINT BEING THE SOUTHWEST PROPERTY CORNER OF THE MOST WESTERN BOUNDARY LINE OF LAND OWNED BY RED STICK PARTNERS LLC RECORDED IN (DB 1067, PG 44) IN THE OFFICE OF THE JUDGE OF PROBATE FOR LIMESTONE COUNTY, ALABAMA; THENCE ALONG SAID MOST WESTERN BOUNDARY LINE NORTH 01 DEGREES 01 MINUTES 25 SECONDS EAST, 79.53 FEET TO THE POINT OF BEGINNING AND CONTAINING 3.35 ACRES (146074.00 SQUARE FEET) MORE OR LESS. Section 3. This Ordinance shall be published as provided by law, and a certified copy of same, shall be filed with the Probate Judge of Limestone County, Alabama. Section 4. The territory described in this Ordinance shall become a part of the corporate limits of Athens, Alabama, upon publication of this Ordinance as set forth in Section 3, above. ADOPTED this the 24TH day of June, 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 Wales, and upon the said motion being put to vote the following vote was recorded: YEAS: Councilmembers Seibert, Wales, Lucas, Henry and Harper; NAYS: None. The President thereupon declared that the motion for unanimous consent for immediate consideration of and action on the said ordinance had been unanimously carried. Councilmember 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 ordinance had been unanimously carried. Zach Trotter, 1410 Tower Street, Athens, addressed the Council with concerns over the incidents of domestic violence and loud music on his street. He stated that the police can’t do anything about these situations due to the lack of charges being filed. He proposed the Council adopt an ordinance to hold landlords responsible for the actions of tenants who are repeat violent offenders. Carlos Fletcher, 1005 West Washington Street, Athens, addressed the Council concerning the ongoing water problems and drainage issues on her property. Wilbert Woodruff, 200 Christine Street, Athens, addressed the Council concerning the Juneteenth federal holiday. He questioned why the City does not recognize the holiday and urged them to add it as an official City holiday. Bill Davis, 201 Utah Street, Athens, addressed the Council about the need to impose restrictions on floodplains and stated he hopes future developments will require adequate infrastructure, drainage and traffic control. * * * There being no further business to come before the meeting, Council President Henry asked for a motion to adjourn. Councilman Harper made the motion and Councilman Seibert seconded. The meeting was duly and properly adjourned. /s/ Dana Henry PRESIDENT, CITY COUNCIL ATTEST: /s/ Annette Barnes CITY CLERK

Agenda

JUNE 24, 2024 ATHENS CITY HALL 200 HOBBS STREET WEST ATHENS, AL 35611 4:00 P.M. WORK SESSION 4:30 P.M. REGULAR MEETING 1. CALL TO ORDER 2. ROLL CALL 3. INVOCATION – Councilman Seibert 4. PLEDGE OF ALLEGIANCE – Mayor Marks 5. APPROVAL OF CITY COUNCIL MINUTES: 06-10-2024 6. APPROVAL OF WORK SESSION MINUTES: 06-10-2024 7. APPROVAL OF SPECIAL CITY COUNCIL MINUTES: 8. REPORTS OF STANDING COMMITTEES: 9. REPORTS OF SPECIAL COMMITTEES: 10. REPORT OF OFFICERS: A. MAYOR B. CITY ATTORNEY C. COUNCIL MEMBERS: (1) MR. SEIBERT (2) MR. WALES (3) MR. LUCAS (4) MRS. HENRY (5) MR. HARPER 11. PUBLIC HEARINGS 12. PUBLIC REMARKS REGARDING AGENDA ITEMS 13. RESOLUTIONS, ORDINANCES, ORDERS AND OTHER BUSINESS . CONSENT CALENDAR A. Resolution concerning appointments – Shane Black, City Attorney B. Resolution setting a public hearing for August 12, 2024 concerning the proposal to renew/revise the Limestone County Solid Waste Management – Shane Black, City Attorney C. Resolution setting a public hearing for July 22, 2024 to consider the request of Shana C. Winter to annex +/- 31.21 acres of property and zone EST (Estate Residential and Agricultural) located at 16415 Oakdale Road (Parcel# 44-10-01-11-0-000-025.000) within the corporate limits of the City of Athens – Erin Tidwell, City Planner D. Resolution authorizing the purchase of two pickup trucks from Alabama Department of Transportation for the Sanitation Department – James Rich, Public Works Director E. Resolution to approve the purchase of duty weapons and accessories for the Police Department – Chief Anthony Pressnell F. Resolution to approve the purchase of a Lincoln Electric Power MIG 256 from Airgas for the Street Department – Dolph Bradford, Street Department Superintendent REGULAR MEETING G. Resolution authorizing the Mayor to enter into a contract with Alta Planning + Design, Inc. for a scope of work to develop a master plan for development at Swan Creek Park – Mayor Marks and Bert Bradford, Director of Cemetery, Parks and Recreation H. Resolution authorizing the Mayor to issue a task order to Morell Engineering for geotechnical services related to the design/construction of Phase I expansion of Roselawn Cemetery – Mayor Marks and Bert Bradford, Director of Cemetery, Parks and Recreation I. Resolution to approve the purchase of two PPV fans from Rescue 1 for the Fire Department – Chief James Hand and Holly Hollman, Grants Coordinator/Communications Specialist J. Resolution to approve the FY 2025 Electric Department budget – Blair Davis, Electric Department Manager K. Resolution to authorize services to upgrade and connect fiber optic wire at the wastewater facilities located on Sanderfer Road and authorize the Information Technology Director to direct C-Spire Business to provide these services – Jimmy Junkin, Director of Water Services L. Resolution concerning the City’s Water and Sewer Revenue Warrants, Series 2024 – Jimmy Junkin, Director of Water Services M. Ordinance authorizing the issuance of the City’s principal amount of Water and Sewer Revenue Warrants, Series 2024 – Jimmy Junkin, Water Services Director N. Resolution to approve FY 2024 budget amendments – Annette Barnes-Threet, City Clerk O. Ordinance amending various sections of Chapter 22 of the City Code concerning City cemeteries (Made for introduction only by Councilman Wales at the June 10th, 2024 regular Council meeting) 14. READING OF PETITIONS, APPLICATIONS, COMPLAINTS, APPEALS, ETC. 15. ADJOURNMENT

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