October 17, The Chairperson stated that the Minutes of the September 26, 2016 City Council Meeting had been submitted for

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1 October 17, 2016 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 in the said City on October 17, 2016, at 5:30 p.m. The meeting was called to order by Councilman Wayne Harper, President of the Council. Upon roll call the following were found to be present: Councilmember Chris Seibert, Harold Wales, Frank Travis, Joseph Cannon and Wayne Harper. Shane Black was present and led the Pledge of Allegiance. Annette Barnes, City Clerk, was present and recorded the minutes of the meeting. Chris Seibert offered the invocation. 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 September 26, 2016 City Council Meeting had been submitted for approval. Councilman Wales moved that the reading of the Minutes be suspended and that the Minutes be approved as recorded. The motion was seconded by Councilman Cannon and was unanimously carried. The Chairperson stated that the Minutes of the September 26, 2016 City Council Work Session Meeting had been submitted for approval. Councilman Wales moved that the reading of the Minutes be suspended and that the Minutes be approved as recorded. The motion was seconded by Councilman Cannon and was unanimously carried. The Chairperson stated that the Minutes of the September 23, 2016 Special City Council Minutes 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 Cannon and was unanimously carried. Councilman Wales introduced the following resolution: NUMBER A CONCERNING THE STRANGE STREET PROJECT AGREEMENT WHEREAS, this Resolution relates to the following real property that is located in Athens, Alabama: 1

2 (the Corridor ); 2

3 WHEREAS, on May 23, 2016, the Athens City Council adopted a Resolution that will result in the vacation of a portion of Malone Street, and that contemplated the construction of a new public roadway along the Corridor, to be deemed an extension of Strange Street; WHEREAS, the Corridor has been leased to Athens Health & Rehabilitation, LLC (the Company ), who plans to construct a roadway upon it, said roadway to be built to the City s current specifications; WHEREAS, the roadway will provide an effective and improved replacement to the portion of Malone Street discussed above, an older street that did not adhere to current City specifications; WHEREAS, upon the completion of the construction of the roadway on the Corridor by the Company, and upon the City Council s acceptance of the Corridor as a public right of way, the Corridor, with its newly constructed roadway, will be deemed Strange Street and will become a part of the City s network of public streets; WHEREAS, the Company s construction of the new roadway will be underway concurrently with the Company s construction and establishment of a 12,000 square foot expansion of the existing health care rehabilitation facility adjacent to the new Strange Street, an expansion project that is reasonably expected to involve a $3,000, investment, and employ approximately 20 new full-time persons; WHEREAS, the City Council finds that new roadways that are built to modern city standards have a positive and beneficial impact on economic development and the public health and welfare of the citizens of the City, and that the replacement of the old portion of Malone Street (between Market Street and Washington Street) with the new Strange Street (between Market Street and Washington Street) along the Corridor will improve the City s public roadway network, promote economic development, and confer a public benefit on the citizens of Athens; WHEREAS, the contract that is the subject of this Resolution provides that the City, after its (i) satisfaction that the Company has made substantial progress with respect to its expansion project, (ii) acceptance of the new roadway on the Corridor as a public right of way, and (iii) complete satisfaction with the roadway s construction, among other things, would pay Sixty-Five Thousand and 00/100 Dollars ($65,000.00) to the Company, effectively reimbursing the Company for a portion of its costs in constructing the new roadway on the Corridor and incentivizing the Company with respect to the expansion project (as specified in more detail in the contract); 3

4 WHEREAS, the public benefits to the City to be derived from this Resolution include: (i) promoting, improving and expanding economic and industrial development/activity in the City, and (ii) enhancing the overall health, welfare, safety, and quality of life for the citizens of the City; WHEREAS, the activities to be authorized by this resolution are permitted under the laws of the State of Alabama, including but not limited to Section of the Constitution of Alabama; and WHEREAS, the activities to be authorized by this resolution; the public benefits sought to be achieved thereby; and each individual, firm, corporation, and other business entity to whom or for whose benefit the City proposes to lend its credit or grant public funds or thing of value, have been described in reasonable detail and/or identified in a notice published in the Athens News Courier at least seven days prior to this meeting, a copy of which is attached hereto as Exhibit A, and incorporated in this paragraph as if set out in full herein. THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA on October 17, 2016 at 5:30 PM, as follows: 1. The Mayor is authorized in the name of and for account of the City of Athens to enter into a contract with Athens Health & Rehabilitation, LLC, in substantially the same form as is attached hereto (and entitled the Strange Street Project Agreement ) as Exhibit B. 2. It is hereby determined that the expenditures of public funds for the purposes specified in this Resolution and in the exhibits hereto (which are incorporated herein by reference), will serve valid and sufficient public purposes, including (i) promoting, improving and expanding economic and industrial development/activity in the City, and (ii) enhancing the overall quality of life for the citizens of the City, notwithstanding any incidental benefit accruing to any private entity or entities. 3. The Mayor is authorized to take actions and execute such other and further documents as may be necessary to effect and carry out the transactions contemplated by this Resolution and/or the contract referenced herein, including but not limited to authorizing the expenditure and use of municipal funds as set forth in such contract; and approving and executing further agreement(s) that are consistent with and involved in carrying out the transactions contemplated by this Resolution. ADOPTED this the 17th day of October,

5 /s/ Wayne Harper 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 STATE OF ALABAMA ) LIMESTONE COUNTY ) CERTIFICATION OF CITY CLERK I, Annette Barnes, City Clerk of the City of Athens, Alabama, do hereby certify that the above and foregoing is a true and correct copy of a Resolution duly adopted by the City Council of the City of Athens, Alabama, on the 17th day of October, Witness my hand and seal of office this day of, Annette Barnes, City Clerk 5

6 EXHIBIT A NOTICE OF PROPOSED ACTION AT PUBLIC MEETING NOTICE IS HEREBY GIVEN, pursuant to Amendment No. 772 to the Constitution of Alabama of 1901, as amended, that the City of Athens, Alabama (the "City") will consider adopting a resolution (the Resolution ) concerning the project described below at a public meeting of the Athens City Council to be held on October 17, 2016, at 5:30 PM local time, at the City Council Chambers in the Athens City Hall, located at 200 West Hobbs Street in Athens, Alabama. The project relates to Athens Health & Rehabilitation, an Alabama limited liability company (the Company ). The Company proposes to construct a new roadway connecting Market Street and Washington Street, located just to the east of a portion of Malone Street. The new roadway will be built to the City s current specifications. The new roadway will provide an effective and improved replacement to the existing and neighboring portion of Malone Street, that did not adhere to current City specifications for the construction of roadways, and which was the subject of a May 23, 2016 Resolution of the Athens City Council calling for its vacation as a public right of way and for its replacement by the new roadway. The Company believes that the new roadway will assist the Company s health care business located immediately to the west. Upon the completion of the roadway by the Company, and upon the City s acceptance of it as a public right of way, the new street will be deemed Strange Street and will become a part of the City s network of public streets. The Company s construction of the new roadway will be underway concurrently with the Company s construction and establishment of a 12,000 square foot expansion of the existing health care rehabilitation facility adjacent to the new Strange Street. The Company s expansion is reasonably expected to involve a $3,000, investment, and the facility is reasonably expected to employ approximately 20 new full-time persons. This project will have a positive and beneficial impact on economic development and the public health and welfare of the citizens of the City. New roadways that are built to modern city standards have a positive and beneficial impact on economic development and the public health and welfare of the citizens of the City. The replacement of old Malone Street (between Market Street and Washington Street) with the new Strange Street (between Market Street and Washington Street) will improve the City s public roadway network, promote economic development, and confer a public benefit on the citizens of Athens. The Resolution, that will be under consideration at the above-referenced meeting, would, in connection with and for the purpose of promoting the economic development of the municipality, provide that the City, after its (i) satisfaction that the Company has made substantial progress with respect to the expansion of the rehabilitation facility, (ii) acceptance of the new roadway as a public right of way and (iii) complete satisfaction with the roadway s construction, among other things, would pay Sixty-Five Thousand and 00/100 Dollars ($65,000.00) to the Company, effectively reimbursing the Company for a portion of its costs in construction the new roadway and incentivizing the Company with respect to the expansion of the rehabilitation facility. The public benefits to the City to be derived from the above actions include: (i) promoting, improving and expanding economic and industrial development/activity in the City, and (ii) enhancing the overall health, welfare, safety, and quality of life for the citizens of the City. The entity for whose benefit the City proposes to grant public funds or things of value is Athens Health & Rehabilitation, LLC. MAYOR WILLIAM R. MARKS CITY OF ATHENS, ALABAMA Publication: October 8,

7 EXHIBIT B STRANGE STREET PROJECT AGREEMENT This Strange Street Project Agreement (this Agreement ) is entered into as of the day of October, 2016, by and among the CITY OF ATHENS, ALABAMA, an Alabama municipal corporation (the City ) and ATHENS HEALTH & REHABILITATION, LLC, a limited liability company under the laws of the State of Alabama (the Company ). RECITALS: This Agreement relates to the following real property that is located in Athens, Alabama: 7

8 (the Corridor ). The Corridor is owned by Maund Family I, LLC, who delivered an Irrevocable Offer of Dedication (recorded at RLPY BK 2016, PG in the Office of the Judge of Probate of Limestone County, Alabama) to the City, providing the City with the ability to accept said dedication at any time as a public right of way. 8

9 The Corridor has been leased to the Company, who will construct a roadway upon it. The roadway will be built to the City s current specifications, complete with curb and gutter. The roadway will provide an effective and improved replacement to the existing and neighboring Malone Street, an older street that did not adhere to current City specifications for the construction of roadways, and which was the subject of a May 23, 2016 Resolution of the Athens City Council calling for its vacation as public right of way. Upon the completion of the construction of the roadway on the Corridor by the Company, and upon the City s acceptance of the Corridor as a public right of way, the Corridor, with its newly constructed roadway, will be deemed Strange Street and will become a part of the City s network of public streets. New roadways that are built to modern city standards have a positive and beneficial impact on economic development and the public health and welfare of the citizens of the City. The replacement of old Malone Street (between Market Street and Washington Street) with the new Strange Street (between Market Street and Washington Street) will improve the City s public roadway network, promote economic development, and confer a public benefit on the citizens of Athens. The Company s construction of the new roadway will be underway concurrently with the Company s construction and establishment of a 12,000 square foot expansion of the existing health care rehabilitation facility adjacent to the new Strange Street (the Project ). The Company s Project is reasonably expected to involve a $3,000, investment, and the facility is reasonably expected to employ approximately 20 new full-time persons. This Project will have a positive and beneficial impact on economic development and the public health and welfare of the citizens of the City. As set forth in more detail herein, through this Agreement, in connection with and for the purpose of promoting the economic development of the municipality, the City, after its acceptance of the Corridor as a public right of way and its complete satisfaction with the construction of the new Strange Street, will pay to the Company the sum of Sixty-Five Thousand and 00/100 Dollars ($65,000.00), effectively reimbursing the Company for a portion of its costs in construction the new roadway and incentivizing the Company with respect to the Project. The City has approved the transaction contemplated hereby after notice to the public in accordance with the requirements of Amendment 772 to the Constitution of Alabama, codified as Section of the Constitution of Alabama. NOW, THEREFORE, in consideration of the premises, the mutual covenants herein contained and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereby agree, as follows: Section 1. Obligations (a) The City will pay the Company Sixty-Five Thousand and 00/100 Dollars ($65,000.00) upon the occurrence of all of the following conditions: (i) the City accepts, through the official action of its governing body in its sole discretion and judgment, the dedication of the Corridor as a public right of way; (ii) the Mayor determines, in his sole discretion and judgment, and after consultation with the Public Works Department, that (v) the Company has made substantial progress with respect to the creation and establishment of the Project, and is reasonably expected to complete the Project with a $3,000, investment, and employing approximately 20 new full-time persons; (w) the Company has completely constructed a roadway on the Corridor that satisfies all applicable laws, rules, regulations, and standards concerning the construction of the roadway for use as a public city street; 9

10 (x) the City has not utilized any performance bond posted by or on behalf of the Company in connection with any part of the construction of the roadway on the Corridor; (y) no liens or other encumbrances have been placed on the Corridor that have a negative impact on the City s interest in the Corridor; and (z) at the time of the above determinations, the Company, and all persons, entities, and businesses associated with it, do not owe and/or are not in default of any obligation that is otherwise due and owing to the City, and the Mayor communicates such determination by a written notice to the Company that expressly references Section 1(a) of this Agreement; and (iii) the Company has paid all of the City s legal fees and costs associated with the preparation, execution, and operation of this Agreement. (b) Section 1 of this Agreement, above, is cancelled, void and not binding on the City if the payment specified therein is not paid to the Company by the City within three (3) years of the date of this Agreement. Section 2. Miscellaneous. (a) Severability. The provisions of this Agreement shall be severable. In the event any provision this Agreement shall be held invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any of the remaining provisions hereof or thereof. (b) Prior Agreements. This Agreement shall completely and fully supersede all other prior agreements, both written and oral, among the parties hereto relating to the matters contained herein. None of the parties hereto shall hereafter have any rights under any of such prior agreements but shall look to this Agreement for definition and determination of all of their respective rights, liabilities and responsibilities relating to the matters contained herein. (c) Counterparts. This Agreement may be executed in counterparts, each of which shall constitute but one and the same agreement. (d) Binding Effect. This Agreement shall inure to the benefit of, and shall be binding upon, the parties hereto and their respective successors and assigns except as otherwise provided herein. (e) Governing Law. This Agreement shall be governed exclusively by the laws of the State of Alabama, without regard to its conflict of laws provisions. (f) Notices. All notices, demands, consents, certificates or other communications hereunder shall be in writing, shall be sufficiently given and shall be deemed given when delivered personally to the party or to an officer of the party to whom the same is directed, or mailed by registered or certified mail, postage prepaid, or sent by overnight courier, addressed as follows: If to the City: City of Athens, Alabama Attn: Mayor 200 West Hobbs Street Athens, AL with a copy to: Shane Black, Esq. Hand Arendall LLC 102 South Jefferson Street 10

11 Athens, AL If to the Company: Athens Health & Rehabilitation, LLC Attn: Any such notice or other document shall be deemed to be received as of the date delivered, if delivered personally, or as of three (3) days after the date deposited in the mail, if mailed, or the next business day, if sent by overnight courier. (g) Assignment. None of the rights hereunder or the duties undertaken hereby may be assigned or delegated by any party hereto without the prior, written consent of the other parties. (h) Amendment. This Agreement may be amended or supplemented only by an instrument in writing duly authorized, executed and delivered by each party hereto. IN WITNESS WHEREOF, the City has caused this Agreement to be executed in its name, under seal, and the same attested, by an officer thereof duly authorized thereunto, and the Company has executed this Agreement under seal, and the parties have caused this Agreement to be dated the date and year first above written. [Signature Lines] CITY OF ATHENS, ALABAMA ATHENS HEALTH & REHABILITATION, LLC Councilmember Cannon 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, Travis, Cannon and Harper; NAYS: None. The President thereupon declared that the motion for unanimous consent for immediate consideration of and action on the said resolution had been unanimously carried. Councilmember Wales thereupon moved that the resolution be finally adopted, which motion was seconded by Councilmember Travis and upon the said motion being put to vote the following vote was recorded: YEAS: Councilmembers Seibert, Wales, Travis, Cannon and Harper; NAYS: None. The President thereupon announced that the motion for the adoption of the said resolution had been unanimously carried. Teresa Todd, Tourism Director for Athens and Limestone County, presented each of the Council members and Mayor Marks with a Tourism Economic Health Report and presented statistics on local tourism activities. Councilman Seibert introduced the following resolution: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA, to approve the payment of budgeted travel/education expenses for specified Water Services employees in the total amount of $ Frank Eskridge WEF Annual Technical Conference $ (Water Services) New Orleans, La September 24-28, 2016 The motion was seconded by Councilman Wales and was unanimously carried. 11

12 Councilman Seibert introduced the following resolution: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA, that the travel expenses in the following amount be approved for Electric Department personnel. Steven Champion TVPPA Safety Conference $71.72 Pigeon Forge, TN Johnnie Pryor TVPPA Safety Conference $64.66 Pigeon Forge, TN Donnie Powers TVPPA Safety Conference $40.27 Pigeon Forge, TN The motion was seconded by Councilman Wales and was unanimously carried. Councilman Seibert introduced the following resolution: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA, to set a Public Hearing for the regular meeting of November 14th, 2016 to discuss the close-out of the FY 2014 Community Development Block Grant (Project No.: LR-ED-PF ) and to accept citizen input thereon. This project extended sanitary sewer service to Cast Products, Inc. s engineering and manufacturing facility in the City of Athens. The motion was seconded by Councilman Wales and was unanimously carried. Councilman Seibert introduced the following resolution: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA, to set a Public Hearing for the regular meeting of November 14th, 2016 to discuss the close-out of the FY 2013 Community Development Block Grant (Project No.: LR-ED-PF ) and to accept citizen input thereon. This project extended rail service to the new Asahi Manufacturing facility in the City of Athens. The motion was seconded by Councilman Wales and was unanimously carried. Councilman Seibert introduced the following resolution: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA, to set a Public Hearing for the regular meeting of November 14, 2016 to review the request from Brenda Miller, Jo-Ann Miller, Mary Miller, Milton Woolridge, James and Kathy Baldwin, and B & H L.L.C., to rezone properties located at 24711, 24806, 24843, 24861, 24901, and Airport Road, from AG-Agricultural District to the R-1-1 Residential District. The motion was seconded by Councilman Wales and was unanimously carried. Councilman Seibert introduced the following resolution: 12

13 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA, to approve the purchase of one (1) 2016 Ford F150 Supercab 4x2 Pickup, from Stivers Ford Lincoln, at a total cost not to exceed $22,300.00, to be funded from the existing Public Works Capital Account. The motion was seconded by Councilman Wales and was unanimously carried. Councilman Seibert introduced the following resolution: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA, that the sole bid of $182, from Altex Industries, Inc., Birmingham, Alabama, for a used 93 Hydraulic Telescopic Aerial Device with Service Body and Cab and Chassis (Bucket Truck) be accepted and that the Utilities General Manager be authorized to issue a purchase order for this vehicle. The motion was seconded by Councilman Wales and was unanimously carried. Councilman Travis introduced the following resolution: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA, to accept the low bid of $121, from Stresscrete Company for fabrication and delivery of 38 concrete poles of various sizes as prescribed in specifications. The motion was seconded by Councilman Cannon and was unanimously carried. Councilman Travis introduced the following resolution: NUMBER A AUTHORIZING THE DEMOLITION OF UNSAFE STRUCTURES LOCATED AT 1208 PLATO JONES STREET AND 1210 PLATO JONES STREET WHEREAS, pursuant to a July 13, 2016 Consent Judgment of the Limestone County Circuit Court in a condemnation action associated with law enforcement activity, CV No , that is recorded at RLPY Book 2016, Page in the Office of the Judge of Probate of Limestone County, Alabama, the following real property was declared contraband and forfeited in equal shares to the Limestone County District Attorney s Office and the Athens Police Department for use in law enforcement activity: One house and lot located at 1208 Plato Jones Street, Athens, Alabama, tax parcel # , and more specifically described as follows: (the 1208 Plato Jones Property ); WHEREAS, pursuant to a July 13, 2016 Judgment of the Limestone County Circuit Court in a condemnation action associated with law enforcement activity, CV No , that is recorded at RLPY 13

14 Book 2016, Page in the Office of the Judge of Probate of Limestone County, Alabama, the following real property was declared contraband and forfeited in equal shares to the Limestone County District Attorney s Office and the Athens Police Department for use in law enforcement activity: One house and lot located at 1210 Plato Jones, Athens, Alabama, tax parcel # , more specifically described as: (the 1210 Plato Jones Property ); WHEREAS, the Athens Public Works Department has determined that the structures located at the 1208 Plato Jones Property and the 1210 Plato Jones Property are unsafe to the extent that they are public nuisances, and cannot be reasonably repaired; WHEREAS, the City Council finds that it is in the bests interests of the public health and safety that the structures located at the 1208 Plato Jones Property and the 1210 Plato Jones Property be demolished; WHEREAS, the Limestone County District Attorney s Office has performed a title search with respect to the 1208 Plato Jones Property and the 1210 Plato Jones Property, and advises that the City and the Limestone County District Attorney s Office are the full title owners of such properties; and WHEREAS, the Limestone County District Attorney s Office also wants to demolish the structures, and has indicated that it will contract with a local demolitions business to secure the demolition of the structures. THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA at its regular meeting on October 17, 2016 at 5:30 PM, as follows: 1. The City consents to the demolition of the structures located at the 1208 Plato Jones Property and the 1210 Plato Jones Property. 2. The City understands that the Limestone County District Attorney s Office will cause the demolition to occur for a cost of approximately $12, Upon confirmation of the demolition work, the Mayor is authorized to pay the Limestone County District Attorney s Office $6, as reimbursement for the demolition work. ADOPTED this the 17th day of October, /s/ Wayne Harper PRESIDENT, CITY COUNCIL, CITY OF ATHENS, ALABAMA 14

15 /s/ William R. Marks MAYOR, CITY OF ATHENS, ALABAMA ATTEST: /s/ Annette Barnes CITY CLERK, CITY OF ATHENS, ALABAMA STATE OF ALABAMA ) LIMESTONE COUNTY ) CERTIFICATION OF CITY CLERK I, Annette Barnes, City Clerk of the City of Athens, Alabama, do hereby certify that the above and foregoing is a true and correct copy of a Resolution duly adopted by the City Council of the City of Athens, Alabama, on the 17th day of October, Witness my hand and seal of office this day of, Annette Barnes, City Clerk The motion was seconded by Councilman Cannon and was unanimously carried. Councilman Cannon introduced the following resolution: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA, to appoint the law firm of Chad Wise as Municipal Court Prosecutor through December 31, The motion was seconded by Councilman Seibert and was unanimously carried. Councilman Wales introduced the following resolution: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA, to appoint Donald B. Mansell as Municipal Judge through September 30, The motion was seconded by Councilman Cannon and was unanimously carried. Councilman Travis introduced the following resolution: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA, to authorize the Public Works Department to construct a sidewalk extension on Pryor Street from Horton Street to Hine Street. The project shall be funded from the Capital Infrastructure Fund with a budget of $17, The motion was seconded by Councilman Seibert and was unanimously carried. Councilman Seibert introduced the following resolution: NUMBER

16 A TO REQUEST AN ATTORNEY GENERAL OPINION CONCERNING NOTICE REQUIREMENTS FOR ZONING ORDINANCES WHEREAS, the City of Athens is considering the adoption of a new zoning ordinance that would replace the existing zoning ordinance; WHEREAS, the method for amending a zoning ordinance is set forth in and of the Code of Alabama; zoning ordinance; WHEREAS, requires that a city provide notice that its city council is considering adoption of a WHEREAS, provides two methods for such notice; WHEREAS, provides that either method may be used by a city; WHEREAS, the first method requires that a city cause the entire proposed zoning ordinance to be published in a local newspaper, to be followed by the publication of a synopsis of the zoning ordinance, both in advance of the meeting in which the ordinance is considered by the city council; WHEREAS, if the City utilizes this first method of notice, the publication expenses are expected to cost the City in excess of $7,000.00; WHEREAS, the second method requires that a city publish three notices in the local newspaper, alerting readers to the area affected by the proposed ordinance (which in this case would be the entire city) and advising readers that copies of the proposed zoning ordinance are available for public inspection at city hall; WHEREAS, if the City utilizes this second method of notice, the publication expenses are expected to be much less than those associated with the first method; WHEREAS, there is some question as to whether this second method is available for use when a City is replacing its existing zoning ordinance with a new zoning ordinance, rather than simply rezoning one or two parcels of real property; and as to this matter. WHEREAS, the City of Athens wishes to request that the Alabama Attorney General provide an opinion 16

17 THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA while in regular session on October 17, 2016 at 5:30 PM, that the Mayor of the City of Athens and the City Attorney are hereby directed and authorized to request that the Alabama Attorney General answer the following question: QUESTION #1 May the City of Athens, Alabama utilize the notice procedure set forth in (2) of the Code of Alabama in connection with the Athens City Council s adoption of a new zoning ordinance that completely amends and replaces the City s existing zoning ordinance? ADOPTED this the 17th day of October, /s/ Wayne Harper 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 STATE OF ALABAMA ) LIMESTONE COUNTY ) CERTIFICATION OF CITY CLERK I, Annette Barnes, City Clerk of the City of Athens, Alabama, do hereby certify that the above and foregoing is a true and correct copy of a Resolution duly adopted by the City Council of the City of Athens, Alabama, on the 17th day of October, Witness my hand and seal of office this day of, Annette Barnes, City Clerk The motion was seconded by Councilman Wales and was unanimously carried. Councilman Cannon introduced the following resolution: BE IT RESOLVED BY THE CITY COUNCIL OF ATHENS, ALABAMA, to adopt an increase to the base pay for lineman apprentice up to lineman based on the Apprentice Lineman Salary Progression of the program. The increases will be set at $1.50 per hour up to $5.00 per hour. An additional $1.00 per hour to be added to a lineman base pay the 1 st pay period of November in fiscal year

18 The motion was seconded by Councilman Wales and was unanimously carried. Councilman Wales introduced the following resolution: BE IT RESOLVED BY THE CITY COUNCIL OF ATHENS, ALABAMA, to adopt the following revised job descriptions for the Customer Accounts Department: Accounts Receivable Clerk II, Grade 7, Job Description dated 8/23/2016. Accounts Receivable Clerk III, Grade 8, Job Description dated 8/23/2016. The motion was seconded by Councilman Seibert and was unanimously carried. Councilman Seibert introduced the following ordinance: STATE OF ALABAMA, LIMESTONE COUNTY, CITY OF ATHENS. ORDINANCE NUMBER BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA, that Ordinance Number 888, establishing a classification list for classified employees is hereby amended as follows, effective: 10/17/2016. Add the following job title to the list of classified positions for the CA Department: (1) Accounts Receivable Clerk II, Grade 7 (2) Accounts Receivable Clerk III, Grade 8 Delete the following job title from the list of classified positions for the CA Department: (1) Accounts Receivable Clerk II, Grade 6 (2) Accounts Receivable Clerk III, Grade 7 ADOPTED this the 17th day of October, /s/ Wayne Harper 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 Cannon, and upon the said motion being put to vote the following vote was recorded: YEAS: Councilmembers Seibert, Wales, Travis, Cannon and Harper; NAYS: None. The President thereupon declared that the motion for unanimous consent for immediate consideration of and action on the said ordinance had been unanimously carried. Councilmember Seibert thereupon moved that the ordinance be finally adopted, which motion was seconded by Councilmember Travis and upon the said motion being put to vote the following vote was recorded: YEAS: Councilmembers Seibert, Wales, Travis, Cannon and Harper; 18

19 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: BE IT RESOLVED BY THE CITY COUNCIL OF ATHENS, ALABAMA to adopt the following revised job description for the Gas Department: Regulatory Compliance Coordinator, Grade 9, Job Description dated 8/23/2016. The motion was seconded by Councilman Seibert and was unanimously carried. Councilman Cannon introduced the following ordinance: STATE OF ALABAMA, LIMESTONE COUNTY, CITY OF ATHENS. ORDINANCE NUMBER BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA, that Ordinance Number 888, establishing a classification list for classified employees is hereby amended as follows, effective: 10/17/2016. Add the following job title to the list of classified positions for the Gas Department: (1) Regulatory Compliance Coordinator, Grade 9 Delete the following job title from the list of classified positions for the Gas Department: (1) Regulatory Compliance Coordinator, Grade 8 ADOPTED this the 17th day of October, /s/ Wayne Harper 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 Seibert, and upon the said motion being put to vote the following vote was recorded: YEAS: Councilmembers Seibert, Wales, Travis, Cannon 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 Cannon thereupon moved that the ordinance be finally adopted, which motion was seconded by Councilmember Seibert and upon the said motion being put to vote the following vote was recorded: YEAS: Councilmembers Seibert, Wales, Travis, Cannon and Harper; NAYS: None. Councilman Travis introduced the following resolution: 19

20 BE IT RESOLVED BY THE CITY COUNCIL OF ATHENS, ALABAMA, to adopt the following revised job descriptions for the Cemetery, Parks, and Recreation Department: Clerk, Grade 6, Job Description revised 8/23/2016. Equipment Operator I, II, or III, Grade 5-7, Job Description revised 8/23/2016. Mechanic I, II, or III, Grade 6-8, Job Description revised 08/23/2016. Cemetery Coordinator, Grade 7, Job Description revised 8/23/2016. Recreation Coordinator, Grade 8, Job Description revised 8/23/2016. Assistant Parks Foreman, Grade 9, Job Description revised 8/23/2016. Cemetery Crew Leader, Grade 9, Job Description revised 8/23/2016. Recreation Services Supervisor, Grade 11, Job Description revised 8/23/2016. Grounds Maintenance Supervisor, Grade 11, Job Description revised 8/23/2016. Facilities Maintenance Supervisor, Grade 11, Job Description revised 8/23/2016. The motion was seconded by Councilman Cannon and was unanimously carried. Councilman Seibert introduced the following ordinance: STATE OF ALABAMA, LIMESTONE COUNTY, CITY OF ATHENS. ORDINANCE NUMBER BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA, that Ordinance Number 888, establishing a classification list for classified employees is hereby amended as follows, effective: 10/17/2016. Add the following job title to the list of classified positions for the Cemetery, Parks and Recreation Department: (1) Clerk, Grade 6 (2) Equipment Operator I, II, or III, Grade 5-7 (3) Mechanic I, II, or III, Grade 6-8 (4) Cemetery Coordinator, Grade 7 (5) Recreation Coordinator, Grade 8 (6) Assistant Parks Foreman, Grade 9 (7) Cemetery Crew Leader, Grade 9 (8) Recreation Services Supervisor, Grade 11 (9) Grounds Maintenance Supervisor, Grade 11 (10)Facilities Maintenance Supervisor, Grade 11 Delete the following job title from the list of classified positions for the Cemetery, Parks and Recreation Department: (1) Clerk, Grade 5 (2) Equipment Operator I, II, Grade 5-6 (3) Mechanic, Grade 6 (4) Cemetery Coordinator, Grade 6 (5) Recreation Coordinator, Grade 7 (6) Assistant Parks Foreman, Grade 8 (7) Cemetery Crew Leader, Grade 8 (8) Recreation Services Supervisor, Grade 10 (9) Grounds Maintenance Supervisor, Grade 10 (10) Facilities Maintenance Supervisor, Grade 10 20

21 ADOPTED this the 17th day of October, /s/ Wayne Harper 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 Cannon 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, Travis, Cannon and Harper; NAYS: None. The President thereupon declared that the motion for unanimous consent for immediate consideration of and action on the said ordinance had been unanimously carried. Councilmember Seibert thereupon moved that the ordinance be finally adopted, which motion was seconded by Councilmember Travis and upon the said motion being put to vote the following vote was recorded: YEAS: Councilmembers Seibert, Wales, Travis, Cannon and Harper; NAYS: None. Councilman Wales introduced the following resolution: BE IT RESOLVED BY THE CITY COUNCIL OF ATHENS, ALABAMA, to adopt the following revised job descriptions and the attached updated organization chart for the City Clerk/Treasurer Department: Accounting/Payroll Clerk, Grade 8, Job Description dated 09/01/2016. Municipal Court Clerk /Magistrate, Grade 8, Job Description dated 09/01/2016. Municipal Court Clerk Administrator, Grade 10, Job Description dated 09/01/2016. The motion was seconded by Councilman Seibert and was unanimously carried. Councilman Travis introduced the following ordinance: STATE OF ALABAMA, LIMESTONE COUNTY, CITY OF ATHENS. ORDINANCE NUMBER BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA, that Ordinance Number 888, establishing a classification list for classified employees is hereby amended as follows, effective: 10/17/2016. Add the following job title to the list of classified positions for the City Clerk/Treasurer Department: (1) Accounts/Payroll Clerk, Grade 8 (2) Municipal Court Clerk /Magistrate, Grade 8 (3) Municipal Court Clerk Administrator, Grade 10 Delete the following job title from the list of classified positions for the City Clerk/Treasurer Department: (1) Accounts/Payroll Clerk, Grade 7 (2) Municipal Court Clerk /Magistrate, Grade 7 21

22 (3) Municipal Court Clerk Administrator, Grade 9 ADOPTED this the 17th day of October, /s/ Wayne Harper 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 Cannon moved that unanimous consent be given for immediate consideration of and action on said ordinance, which motion was seconded by Councilmember Seibert, and upon the said motion being put to vote the following vote was recorded: YEAS: Councilmembers Seibert, Wales, Travis, Cannon 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 Travis thereupon moved that the ordinance be finally adopted, which motion was seconded by Councilmember Seibert and upon the said motion being put to vote the following vote was recorded: YEAS: Councilmembers Seibert, Wales, Travis, Cannon and Harper; NAYS: None. The President thereupon announced that the motion for the adoption of the said ordinance had been unanimously carried. Councilman Wales introduced the following resolution: BE IT RESOLVED BY THE CITY COUNCIL OF ATHENS, ALABAMA, to reorganize the Public Works Department in accordance with the attached organizational chart, which includes the following 56 positions: Director of Public Works Technical Coordinator Building and Public Works Assistant Building Inspectors (4) GIS Coordinator City Planner Director of Street Operations Administrative Assistant Construction Supervisor Street Equipment Operators (12 positions) Construction Crew Leader Concrete Finishers (2 positions) Garage Mechanics (4 positions) Sign Shop Equipment Operators (2) Director of Building Services and Sanitation Sanitation and Street Maintenance Supervisor Equipment Operators (Sanitation) (16) Maintenance Technician 3/Crew Leader Maintenance Technicians (2) (level 1, 2, or 3 dependent on skill) Building Maintenance Custodian (1) Garage and Inventory Control Coordinator 22

23 The motion was seconded by Councilman Cannon and was unanimously carried. Councilman Travis introduced the following resolution: BE IT RESOLVED BY THE CITY COUNCIL OF ATHENS, ALABAMA, to adopt the following revised job description for the Human Resources Department: Director of Human Resources, Job Description dated 09/21/2016. The motion was seconded by Councilman Seibert and was unanimously carried. Councilman Seibert introduced the following ordinance: STATE OF ALABAMA, LIMESTONE COUNTY, CITY OF ATHENS. ORDINANCE NUMBER BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA, that Ordinance Number 888, establishing a classification list for classified and unclassified employees is hereby amended as follows, effective: 10/17/2016 Add the following job title to the list of unclassified positions: (1) Director of Human Resources, Manager 2 Delete the following job title to the list of unclassified positions: (2) Director of Human Resources, Manager 1 ADOPTED this the 17th day of October, /s/ Wayne Harper 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 Travis, and upon the said motion being put to vote the following vote was recorded: YEAS: Councilmembers Seibert, Wales, Travis, Cannon and Harper; NAYS: None. The President thereupon declared that the motion for unanimous consent for immediate consideration of and action on the said ordinance had been unanimously carried. Councilmember Seibert thereupon moved that the ordinance be finally adopted, which motion was seconded by Councilmember Cannon and upon the said motion being put to vote the following vote was recorded: YEAS: Councilmembers Seibert, Wales, Travis, Cannon and Harper; NAYS: None. The President thereupon announced that the motion for the adoption of the said ordinance had been unanimously carried. 23

24 Councilman Wales introduced the following resolution: BE IT RESOLVED BY THE CITY COUNCIL OF ATHENS, ALABAMA, to adopt the following revised job description for the Mayor s Office: Grant Coordinator/Communications Specialist, Job Description dated 09/20/2016. The motion was seconded by Councilman Travis and was unanimously carried. Councilman Travis introduced the following ordinance: STATE OF ALABAMA, LIMESTONE COUNTY, CITY OF ATHENS. ORDINANCE NUMBER BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA, that Ordinance Number 888, establishing a classification list for classified employees is hereby amended as follows, effective: 10/17/2016. Add the following job title to the list of classified positions: (1) Grant Coordinator/Communications Specialist, Grade 10 Delete the following job title from the list of classified positions: (3) Grant Coordinator/Communications Specialist, Grade 9 ADOPTED this the 17th day of October, /s/ Wayne Harper PRESIDENT, CITY COUNCIL, CITY OF ATHENS, ALABAMA /s/ William R. Marks MAYOR, CITY OF ATHENS, ALABAMA ATTEST: /s/ Annette Barnes CITY CLERK, CITY OF ATHENS, ALABAMA Councilmember Seibert moved that unanimous consent be given for immediate consideration of and action on said ordinance, which motion was seconded by Councilmember Cannon, and upon the said motion being put to vote the following vote was recorded: YEAS: Councilmembers Seibert, Wales, Travis, Cannon 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 Travis thereupon moved that the ordinance be finally adopted, which motion was seconded by Councilmember Cannon and upon the said motion being put to vote the following vote was recorded: YEAS: Councilmembers Seibert, Wales, Travis, Cannon and Harper; NAYS: None. The President thereupon announced that the motion for the adoption of the said ordinance had been unanimously carried. There being no further business to come before the meeting, the same was, upon motion by Councilman Wales and second by Councilman Seibert, duly and properly adjourned. 24

25 /s/ Wayne Harper PRESIDENT, CITY COUNCIL ATTEST: /s/ Annette Barnes CITY CLERK 25