City Council

January 6, 2025 STATE OF ALABAMA, LIMESTONE COUNTY, CITY OF ATHENS. The City Council of the City of Athens, Alabama met in a Special Called Joint Meeting with Limestone County Commission at the Limestone County Courthouse Annex, Athens, Alabama, on January 6, 2025 at 3:00 p.m. County Commission Chairman, Collin Daly, called the meeting to order for the Commission and all commissioners were present. Councilman James Lucas, President of the City Council, then called the meeting to order for the City Council. Upon roll call, the following were found to be present: Councilmembers Chris Seibert, Harold Wales, James Lucas and Dana Henry. Councilman Harper was absent. Council President Lucas offered the invocation. County Commissioner Gatlin led the Pledge of Allegiance. Kim Glaze, Executive Secretary, was present and recorded the minutes of the meeting. The Chairperson stated that a quorum was present and that the meeting was open for transaction of business. Chairman Daly thanked Council President Lucas and then read the following statement: “Today, we are having a joint meeting of the City Council and the County Commission to address the public library, which is an issue that is very important to both the City and the County. For years and years, the public library has been a joint project of the City and County. We have always worked well together to make sure we have a good library. For several years, the City has appointed the members of the library board. A while back, the County Commission let the City Council know that the County wanted to change to a joint library board where the County would appoint some of the members, and the City would appoint some of them. The City Council said that would be fine. Since then, City and County staff have worked together on this, and we are now ready to bring it to a vote by both the Council and Commission at this special meeting.” Chairman Daly then turned the floor over to Drew Dill, the County Attorney, for an overview of the proposed document. Mr. Dill summarized the joint library board agreement, which included names of the five initial board members proposed in the document. Chairman Daly asked for a motion to adopt the resolution approving the Joint Library Service Agreement and authorizing the Chairman of the County Commission to take all steps necessary to execute and implement the agreement. Commissioner Sammet motioned to adopt the resolution. The motion was seconded by Commissioner Gatlin and was unanimously carried. Chairman Daly turned the floor over to Council President Lucas. President Lucas asked Shane Black, City Attorney, if he would like to add anything to the summary that Mr. Dill provided. Mr. Black explained the need for the City Council to adopt two business items- both a resolution and an ordinance. Councilman Wales then introduced the following resolution: RESOLUTION NUMBER 2025 - 2043 A RESOLUTION CONCERNING A JOINT LIBRARY BOARD OF THE CITY AND COUNTY _______________________________________________ WHEREAS, this Resolution is adopted to establish a joint library board pursuant to § 11-90-4 of the Code of Alabama, which requires that the same be accomplished by a contract; WHEREAS, the Athens-Limestone County Public Library (the “Library”) is a joint project of the City of Athens (the “City”) and Limestone County Commission (the “County”), and its mission is to provide free public library service to the citizens of Limestone County and the City of Athens;  WHEREAS, in 2009, the City conveyed the County a ½ interest in the real property where the Library is located to “aid in the establishment of a new and improved library for the City of Athens and Limestone County”, and each continue today to hold a ½ interest in that property; WHEREAS, in 2010, the City and the County contracted together to construct and fund a “public library serving the residents of Limestone County, Alabama and the City of Athens, Alabama”, and they did so at considerable joint expense; WHEREAS, upon the completion of the Library’s building, the City and the County turned the building over to the Library Board of the City of Athens (the “Board”), for the purpose of continuing that mission; and WHEREAS, the City and the County now wish to establish a joint library board with members appointed by both the City and the County, and to establish the terms related to the operation and governance of the same. THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA at a special meeting on January 6, 2025 at 3:00 PM, that the City Council does hereby approve the Joint Library Service Agreement that is attached hereto as Attachment 1, which sets forth the terms, conditions, and initial appointees of the new joint library board. The Mayor of the City is hereby authorized to sign and implement such agreement on behalf of the City of Athens. ADOPTED this the 6th day of January, 2025. /s/ James E. Lucas PRESIDENT, CITY COUNCIL, CITY OF ATHENS, ALABAMA Attachment 1 STATE OF ALABAMA LIMESTONE COUNTY JOINT LIBRARY SERVICE AGREEMENT THIS JOINT LIBRARY SERVICE AGREEMENT (this “Agreement”) is made and entered into by and between the CITY OF ATHENS, ALABAMA, an Alabama municipal corporation (“City”); LIMESTONE COUNTY COMMISSION, the governing body of Limestone County, a county of the State of Alabama (“County”); and the LIBRARY BOARD OF THE CITY OF ATHENS, ALABAMA, a municipal library board of the City of Athens, Alabama (the “Board”). The City, County, and the Board may all be referred to herein as the “Parties”, or each and any of them individually, as a “Party”. WITNESSETH: WHEREAS, the City and the County are parties to that certain Purchase, Sale, and Joint Development Agreement, dated April 23, 2010, (the “2010 Agreement”) which provided for the establishment of a public library serving the people of the City of Athens, Alabama and Limestone County, Alabama; WHEREAS, the City and County each own an equal and undivided one-half (½) interest as tenants in common in the real property and improvements located at 603 S Jefferson Street, Athens, Alabama (the “Property”), described in further detail as set forth in Exhibit A hereto, where the Athens-Limestone County Public Library is located; WHEREAS, the 2010 Agreement requires that the Property shall be used only for a public library serving the residents of Limestone County, Alabama, and the City of Athens, Alabama; WHEREAS, when the construction of the library building was completed in 2014, the City and County turned the supervision and management of the Property over to the Board, without requiring any payment from the Board for such use or occupation (in the form of rent or otherwise) (not including the payment of charges for utility service or other charges not imposed for the use and occupation of the property) upon the condition of the Board’s continued use of the Property for the purpose of the operation of a public library serving the residents of Limestone County, Alabama, and the City of Athens, Alabama; WHEREAS, since that time, the Board has continued to use the Property for the purpose of operating a public library that, pursuant to the 2010 Agreement, provides free public library service to the residents of Limestone County, Alabama, and the City of Athens, Alabama, and for no other purpose; WHEREAS, since that time, the City and the County have continued to support the Board through the annual appropriation of funding for the public library; WHEREAS, the 2010 Agreement further provided that the public library board would be governed by the Board, or by a joint Limestone County/City of Athens library board and service pursuant to § 11-90-4 of the Code of Alabama, that may be created subsequent to the effective date of the 2010 Agreement; WHEREAS, the County now requests the creation of a joint Limestone County/City of Athens library board and service so that the County may participate in the appointment of members of the board that governs the public library, and the City and the Board have agreed to accommodate the County’s request; and WHEREAS, § 11-90-4 of the Code of Alabama and § 520-2-3-.01 of the Alabama Administrative Code, require that, in order to form a joint library service between a city and county, the existing Board, which is a municipal library board of the City, must join in this contract along with the City and County. NOW, THEREFORE, for and in consideration of the premises, the mutual promises and covenants contained herein, and other good and valuable consideration, the receipt, adequacy, and sufficiency of which are hereby acknowledged, the Parties hereby covenant and agree as follows: I. ESTABLISHMENT OF A JOINT LIBRARY BOARD AND SERVICE A. Pursuant to § 11-90-4 of the Code of Alabama, the Parties do hereby establish and form a joint library service for the benefit of the people of Limestone County, Alabama and the City of Athens, Alabama, operating a City- County Public Library, known as the Athens- Limestone County Public Library. B. The joint library service shall be governed and supervised by a joint library board known as the “Joint Library Board of Limestone County and the City of Athens” (the “Joint Board”). C. The Joint Board shall continue the Board’s provision of free library public service to the population of Limestone County, and the City of Athens, Alabama. The Joint Board’s legal service area shall be Limestone County, Alabama, and the City of Athens, Alabama. D. The Joint Board shall have all of the powers and duties that are set forth and provided to library boards in Chapter 90 of Title 11 of the Code of Alabama (Ala. Code §§ 11-90-1, et seq. (1975), as amended, including but not limited to the following: 1. Controlling the expenditure of all funds received or appropriated for such joint library service; 2. Erecting or renting buildings to cost not in excess of the funds available to the Joint Board; 3. Purchasing books and equipment for the joint library service; 4. Providing a system of library service to be made easily available to all citizens of Limestone County, Alabama and the city of Athens, Alabama through a central library, branches, stations, book truck service, or other appropriate means. 5. Electing a librarian and other employees; 6. Managing and controlling the said library in order to carry out the full intent and purpose of Chapter 90 of Title 11 of the Code of Alabama (Ala. Code §§ 11-90-1, et seq. (1975), as amended; and 7. Cooperating with all state and federal agencies and institutions in furtherance of said Chapter 90.  E. The fiscal year of the Joint Board shall commence on October 1 and close on September 30 of each year of operation. F. The Joint Board may qualify for regional status as may be designated by the Alabama Public Library Service, pursuant to § 520-2-3-.01 of the Alabama Administrative Code, and the Joint Board may take such actions as may allow for such designation. G. The Joint Board shall meet at least four (4) times a year. The Joint Board shall adopt written bylaws and policies in conjunction with its operation and objectives. The Joint Board shall take such actions and meet such requirements as is necessary to secure state aid from the Alabama Public Library Service. II. USE OF THE PROPERTY A. The Joint Board shall govern, maintain, and operate the Athens-Limestone County Public Library on the Property. B. The Parties agree that the Property will be used only for the purpose of developing, constructing, and operating a public library service which serves and benefits the residents of Limestone County, Alabama and the City of Athens, Alabama. C. The Parties do hereby delegate and turn over the supervision of management of the Property to the Joint Board. D. Neither the City nor the County may sell, transfer, or pledge its interest in Property without the written consent of the other. This provision shall survive the termination of this Agreement. E. The Joint Board may exclusively use the Property for public library purposes without payment for such use or occupation (in the form of rent or otherwise) (not including the payment of charges for utility service or other charges not imposed for the use and occupation of the Property), upon the condition of the Joint Board’s continued use of the Property for the purpose of the operation of a public library serving the residents of Limestone County, Alabama, and the City of Athens, Alabama. III. SUPPORT FOR THE LIBRARY A. The City shall annually pay at least $128,000 to the Joint Board for its use in the operation of the joint library service. B. The County shall annually pay at least $80,000 to the Joint Board for its use in the operation of the joint library service. C. The City and County shall continue to support the allocation of TVA in-lieu-of-tax funds as is currently required by the local act of the Alabama Legislature. D. The Joint Board shall use the funds referenced in this Section to provide a joint library service to the residents of Limestone County and the city of Athens, Alabama. E. The City and County shall maintain property insurance coverage on the Property sufficient for the replacement value of the Property, and will equally share in the costs and expenses relating to the same. IV. THE COMPOSITION OF THE JOINT BOARD A. There shall be five (5) members of the Joint Board. Three (3) of the members of the Joint Board shall be appointed by the City. Two (2) of the members of the Joint Board shall be appointed by the County.  B. The County, if it chooses to do so, may set its own criteria applying to its two appointments to the Joint Board, such as any term limits and any residency requirements. Likewise, the City, if it chooses to do so, may set its own criteria applying to its three appointments to the Joint Board, such as any term limits and any residency requirements. C. The members of the Joint Board shall serve without any compensation, although they may be reimbursed for any of their reasonable and necessary expenses incurred in the service of the Joint Board. D. Except as stated otherwise herein, members of the Joint Board shall serve four (4) year, staggered terms. Each member shall serve until his or her successor is appointed. E. The City’s initial appointments to the Joint Board shall be: Craig Beasley, whose initial term shall be four (4) years; Allison McCormick, whose initial term shall be three (3) years; and Shonda Brown, whose initial term shall be two (2) years. F. The County’s initial appointments to the Joint Board shall be: Pammie Jimmar, whose initial term shall be four (4) years; and Vicki Hereford, whose initial term shall be three (3) years. G. Any vacancy on the Joint Board (such as a vacancy through a resignation or otherwise) shall be filled by the City or County (whichever appointed the board position with the vacancy), who will appoint someone to serve the remainder of the existing term of that member. H. The Alabama Attorney General has previously opined that a joint library board is not a separately incorporated board or a separate legal entity, and that it remains a part of the city and/or the county that created it. As such, to the extent such is applicable: (a) the Joint Board shall be deemed to be an instrumentality of the City (although County and City-appointed board members shall not be deemed to have any formal connection to the City by virtue of such membership on the Joint Board); (b) the City may provide the Joint Board with assistance with its financial books and records; (c) the City may adopt rules and regulations with respect to the employees of the library, in cooperation with the Joint Board; and (d) the Joint Board shall not be empowered to borrow any money or to take on any debt whatsoever without the express approval of the City. V. THE TRANSITION TO THE JOINT BOARD A. The effective date of this Agreement shall be March 1, 2025 (the “Effective Date”). B. The Board shall and does by this instrument hereby assign and transfer, as of the Effective Date, all of its existing duties, rights, and responsibilities of the operation of the Athens – Limestone County Public Library to the Joint Board. C. As of the Effective Date, all of the policies, rules, regulations, and bylaws of the Board shall be immediately adopted by the Joint Board. D. As of the Effective Date, the Joint Board shall ratify and assume all of the contracts and obligations of the Board. E. The Joint Board shall be deemed to be the successor-in-interest to all of the rights and duties of the Board. F. Subsequent to the transfer of all of the above to the Joint Board, and any wrapping up of its reporting and other administrative obligations, the City intends to dissolve the Board, since its operations will have been replaced by the Joint Board. Any dissolution of the Board shall not impact the viability of this Agreement. VI. TERM AND TERMINATION A. The initial term of this Agreement shall be for twenty (20) years, extending from the Effective Date. Upon the conclusion of the initial term, or any subsequent term thereafter, the Agreement shall automatically renew for an additional five (5) year term, unless either Party shall give the other no less than five (5) years’ advance notice of its intention to terminate this Agreement.  B. Unless otherwise agreed by the City and County prior to the termination of the Agreement, upon the termination of this Agreement by either the City or County (such party being referred to herein as the “Terminating Party”), where the other one that did not cause the termination desires to continue operating a public library (such other one to be referred to as the “Continuing Party”), the Joint Board shall be dissolved, and any and all assets, rights, and obligations of the Joint Board shall be transferred to the Continuing Party, for that Continuing Party’s use in establishing a new library board and continuing library service. Moreover, in such event, the Continuing Party (or a library board that it subsequently creates) may indefinitely and exclusively use the Property for public library purposes without payment for such use or occupation (in the form of rent or otherwise) (not including the payment of charges for utility service or other charges not imposed for the use and occupation of the Property), and such Continuing Party shall, while using the Property for public library purposes, be responsible for all property insurance expenses and ordinary property maintenance expenses. If the Terminating Party has an interest in any asset that had been devoted or dedicated to the Joint Board for its use (other than the Property), then title and ownership of that asset shall be transferred to the continuing party, so long as such asset is used for library purposes. The Terminating Party shall provide the Continuing Party with copies of all records in its possession that are reasonably necessary and useful to the continued operation of the public library by the Continuing Party. C. Upon the mutual termination of this Agreement by the City and the County, where neither desire to continue to provide a public library service, then, unless otherwise agreed by the Parties, upon the termination of the Agreement, the Joint Board shall be dissolved and any and all expenses, liabilities, and costs of the same shall be paid and borne, first, by the funds on hand that were in the possession of the Joint Board, and second, equally by the City and the County. Any remaining funds and personal property that was in the possession of the Joint Board, after all expenses have been paid, shall be divided by and between the City and County by and between them in proportion to their monetary contributions to the Joint Board for the ten (10) year period prior to the termination of the Agreement. VII. GENERAL TERMS A. Periodic Review. As suggested by § 520-2-3-.01 of the Alabama Administrative Code, the Mayor of the City and the Chairman of the County shall review this Agreement every three (3) years, and may make such recommendations to the City, County, and Joint Board as they may deem necessary for the more effective management and operation of the joint library service. B. 2010 Agreement. The 2010 Agreement is hereby terminated and concluded, since any of its terms that remain relevant to the relationship between the Parties as to this subject matter have been restated in this Agreement. C. Entire Agreement. The entire agreement of the parties is contained in this Agreement. This instrument may not be modified or amended without the agreement of all the parties in writing. D. Negation of Partnership. The parties agree that this joint venture is not a partnership and shall not be governed by the partnership laws of any country or state. E. Validity. In the event that any provision of this Agreement shall be held to be invalid, the same shall not affect in any respect whatsoever the validity of the remainder of this Agreement. F. Headings. The headings, titles, and subtitles used in this Agreement are for ease of reference only and shall not control or affect the meaning of construction of any provision hereof. G. Other Instruments. The parties agree that they will execute such other and further instruments and documents as are, or may become, reasonably necessary or convenient to effectuate or carry out the purposes of this Agreement. H. Notices. Any notice pursuant to this Agreement shall be given in writing by personal delivery, sent and delivered to the intended addressee at the address set forth below or at such other address in Limestone County or to the attention of such other person in Limestone County as the addressee shall have designated by written notice sent in accordance with this Agreement, and shall be deemed to have been given upon receipt. Unless changed in accordance with the preceding sentence, the addresses for notices given pursuant to this Agreement shall be as follows: To County: Chairman Limestone County Commission 310 West Washington Street Athens, AL 35611 with a copy to: County Attorney Limestone County Commission 310 West Washington Street Athens, AL 35611 To City: Mayor City of Athens, Alabama 200 West Hobbs Street Athens, AL 35611 with a copy to: E. Shane Black, Esq. Hand Arendall Harrison Sale, LLC 102 South Jefferson Street Athens, Alabama 35611 I. Successors and Assigns. Neither party shall assign or transfer its rights or duties in this Agreement without the express written consent of the other party. Any transfer or assignment made without the consent of the other party shall not relieve the transferor or assignor of his or her duties or obligations under this Agreement. This Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, legal representatives, successors, and permitted assigns. J. Amendment and Waiver. Any provision of this Agreement may be amended or waived if, but only if such amendment or waiver is in writing and is signed by County and City. K. Governing Law. The laws of the State of Alabama, without regard to principles of conflicts of laws, govern this Agreement. L. Third Party Beneficiaries. It is the intent of the parties hereto that there shall be no third party beneficiaries to this Agreement. M. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original for all purposes. N. Strict Construction. It is the intent of the parties hereto that this Agreement shall be deemed to have been prepared by all the parties to the end that no party hereto shall be entitled to the benefit of any favorable interpretation or construction of any term or provision hereof under any rule or law. O. Terminology. Whenever the context requires, words used in the singular shall be construed to mean or to include the plural and vice versa, and pronouns of any gender shall be deemed to include and to designate the masculine, feminine or neuter gender. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the dates shown below. CITY: THE CITY OF ATHENS, ALABAMA Attest: By:_______________________________________ Name:______________________________ As Its Mayor City Clerk Date: ______________________ COUNTY: LIMESTONE COUNTY, ALABAMA Attest: By:_______________________________________ Name:______________________________ ______________________________ As Its Chairman, Limestone County Commission County Clerk Date: __________________________ THE LIBRARY BOARD OF THE CITY OF ATHENS, ALABAMA: Attest: By:_______________________________________ Name:______________________________ As the Chairman of the Board Secretary of the Library Board Date: ______________________ EXHIBIT A Councilmember Seibert moved that unanimous consent be given for immediate consideration of and action on said resolution, which motion was seconded by Councilmember Henry, and upon the said motion being put to vote the following vote was recorded: YEAS: Councilmembers Seibert, Wales, Lucas, and Henry; NAYS: None. The President thereupon declared that the motion for unanimous consent for immediate consideration of and action on the said resolution had been unanimously carried. Councilmember Henry seconded the motion to adopt the resolution. Upon the said motion being put to vote, the following vote was recorded: YEAS: Councilmembers Seibert, Wales, Lucas, and Henry; NAYS: None. The President thereupon announced that the motion for the adoption of the said resolution had been unanimously carried. Councilman Seibert introduced the following ordinance: ORDINANCE NUMBER 2025 - 2357 AN ORDINANCE CONCERNING A JOINT LIBRARY BOARD _____________________________________________________________________ WHEREAS, the City Council, in conjunction with its action establishing a joint library board between the City of Athens, and Limestone County, wishes to amend its ordinances accordingly. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA, while in a special meeting on January 6, 2025, at 3:00 PM, as follows: Section 1. Section 2-5 of the Code of Ordinances of the City of Athens, Alabama shall be amended so that it reads as follows: Section 2-5. Library Board (a) Effective March 1, 2025, in accordance with § 11-90-4 of the Code of Alabama, there is hereby established a joint library board between the City of Athens, Alabama and Limestone County, Alabama. That board shall, according to the contract required by statute, manage the Athens Limestone County Public Library. (b) The duties of the city library board existing prior to March 1, 2025 shall be transferred to the joint library board as of March 1, 2025. Thereafter, the city library board shall be dissolved, its duties having been assumed by the joint board. Section 2. This Ordinance shall go into effect on March 1, 2025, after its adoption and publication. Section 3. If any provision of this ordinance, or the application thereof to any person, thing or circumstances, is held invalid by a court of competent jurisdiction, such invalidity shall not affect the provisions or application of this ordinance that can be given effect without the invalid provisions or application, and to this end, the provisions of this ordinance are declared to be severable. Section 4. The provisions of this Ordinance shall be included and incorporated in the Code of Ordinances of the City of Athens, Alabama 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 6th day of January, 2025. /s/ James E. Lucas PRESIDENT, CITY COUNCIL, CITY OF ATHENS, ALABAMA /s/ William R. Marks MAYOR, CITY OF ATHENS, ALABAMA ATTEST: /s/ Annette Barnes CITY CLERK, CITY OF ATHENS, ALABAMA Councilmember Wales moved that unanimous consent be given for immediate consideration of and action on said ordinance, which motion was seconded by Councilmember Henry, and upon the said motion being put to vote the following vote was recorded: YEAS: Councilmembers Seibert, Wales, Lucas, and Henry; NAYS: None. The President thereupon declared that the motion for unanimous consent for immediate consideration of and action on the said ordinance had been unanimously carried. Councilmember Henry 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, and Henry; NAYS: None. The President thereupon announced that the motion for the adoption of the said ordinance had been unanimously carried. The following ordinance was made for “Introduction Only” by Councilman Wales: ORDINANCE NUMBER 2025 - __________ AN ORDINANCE OF THE CITY OF ATHENS, ALABAMA, RELATED TO THE DECEMBER 28 TORNADO WHEREAS, on the evening of December 28, 2024, severe weather, including a tornado, damaged portions of the city of Athens (the “Storm”); WHEREAS, numerous residences and business have been damaged/negatively impacted by the Storm and will require significant repairs; WHEREAS, pursuant to § 31-9-10 of the Code of Alabama, cities and towns have the authority to provide for the health and safety of persons and property, including emergency assistance to the victims of any disaster; WHEREAS, the Mayor issued a proclamation of emergency concerning the Storm, a copy of which is attached hereto as Attachment A hereof (“the Proclamation”); and WHEREAS, the Athens City Council desires to adopt this Ordinance providing for the waiver of certain municipal fees and charges associated with recovery from the Storm, and further finds and determines that the provision of emergency assistance to the victims of the Storm is (a) authorized by statute and (b) serves a valuable public purpose, conferring a direct public benefit of a reasonably general character to a significant part of the public, by, among other things, encouraging and supporting the repair and rebuilding of damaged properties within the city which will bolster the city’s overall economic and public health. THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA while in session on January 6, 2025 at 3:00 PM, as follows: Section 1. The terms of the Proclamation are hereby ratified and adopted by the City Council. Section 2. The Mayor is hereby authorized to waive municipal fees and charges related to the repair of damage/destruction of buildings and other structures related to the Storm, or for the removal of debris related to the Storm from the margins of public streets and rights of way. Section 3. Section 2-33 of the City of Athens Code of Ordinances is hereby amended to provide for the allowances of such waivers in the future, such that it will read as follows: Sec. 2-33. Mayoral Rules During States of Emergency.  The Mayor is authorized and empowered: (a) during periods of emergency involving civil unrest, natural disaster, and/or severe weather affecting a substantial number of properties and structures in the city, to waive municipal fees and charges related to the repair of damage/destruction of buildings and other structures related to such emergency, or for the removal of debris related to such emergency from the margins of public streets and rights of way, irrespective of whether the Governor has declared a state of emergency for all or part of the city; and (b) during periods when a state of emergency is declared by the Governor of the State of Alabama for an area that includes the City of Athens, to make, amend, and rescind rules, orders, and regulations as are necessary to promote and secure the safety and protection of the civilian population. All such rules, orders, and regulations shall have the full force and effect of law when a copy thereof is filed with the City Clerk. All existing municipal ordinances, resolutions, rules, and regulations or parts thereof inconsistent with the Mayor’s rules, order, and regulations shall be suspended during the period of time and to the extent that such inconsistency exists. The City Clerk shall cause to be posted at City Hall a copy of each order, rule, or regulation issued under the authority of this Ordinance. Section 4. This Ordinance shall become effective immediately upon its publication. Section 5. If any provision of this Ordinance, or the application thereof to any person, thing or circumstances, is held invalid by a court of competent jurisdiction, such invalidity shall not affect the provisions or application of this ordinance that can be given effect without the invalid provisions or application, and to this end, the provisions of this code and such amendments and statutes are declared to be severable. ADOPTED this the _____ day of January, 2025. ___________________________________________ JAMES LUCAS, CITY COUNCIL PRESIDENT __________________________________________ WILLIAM R. MARKS, MAYOR CERTIFICATION OF CITY CLERK STATE OF ALABAMA ) LIMESTONE COUNTY ) I, Annette Barnes-Threet, City Clerk of the City of Athens, Alabama, do hereby certify that the above and foregoing is a true and correct copy of the Ordinance duly adopted by the City Council of the City of Athens, on the ____ day of _____________, 2025. Witness my hand and seal of office this the ____ day of _________________, 2025. ___________________________________ Annette Barnes Threet, City Clerk ATTACHMENT A  * * * There being no further business to come before the special meeting, Council President Lucas declared the meeting to be adjourned. Chairman Daly made the same declaration and the meeting was duly and properly adjourned. /s/ James E. Lucas PRESIDENT, CITY COUNCIL ATTEST: /s/ Annette Barnes CITY CLERK