anniston city council - formal - 8/14/12

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CITY OF ANNISTON AUGUST 14, 2012 6:00 P.M. INVOCATION (Mayor) PLEDGE OF ALLEGIANCE (Mayor) CALL TO ORDER (Mayor) ROLL CALL (Mayor) READING/APPROVAL OF MINUTES OF PREVIOUS MEETING (Mayor) ADDITIONS/DELETIONS TO THE AGENDA ADOPTION OF AGENDA (Mayor calls for a motion, second, roll call) UNFINISHED BUSINESS (Mayor) (a) A resolution asking the Anniston Civil Service Board to revise Section 2 (b) 5 of Chapter VIII of its Rules and Regulations in order to allow the city to recruit its highest ranking officer from outside of the department’s current rank. (motion to table by Council Member Jenkins) NEW BUSINESS (City Attorney) I. PUBLIC HEARING (a) A public hearing to hear comments on the cost of abating certain public nuisances. (grass lots Groups 5 9) II. ORDINANCES (a) An ordinance establishing the offense of driving while distracted setting the punishment for the same, and other matters with respect thereto. 1 st Reading III. RESOLUTIONS (a) A resolution receiving a cost report on the abatement of a public nuisance. (b) A resolution authorizing reimbursements to city officials for expenses incurred while traveling away from the city. (c) A resolution declaring a reported condition to be a public nuisance. (Grp 19)

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The formal agenda for the Anniston City Council meeting on August 14, 2012.

TRANSCRIPT

Page 1: Anniston City Council - Formal - 8/14/12

CITY OF ANNISTON

AUGUST 14, 2012

6:00 P.M.

INVOCATION (Mayor)

PLEDGE OF ALLEGIANCE (Mayor)

CALL TO ORDER (Mayor)

ROLL CALL (Mayor)

READING/APPROVAL OF MINUTES OF PREVIOUS MEETING (Mayor)

ADDITIONS/DELETIONS TO THE AGENDA

ADOPTION OF AGENDA (Mayor calls for a motion, second, roll call)

UNFINISHED BUSINESS (Mayor)

(a) A resolution asking the Anniston Civil Service Board to revise Section 2 (b) 5

of Chapter VIII of its Rules and Regulations in order to allow the city to

recruit its highest ranking officer from outside of the department’s current

rank. (motion to table by Council Member Jenkins)

NEW BUSINESS (City Attorney)

I. PUBLIC HEARING

(a) A public hearing to hear comments on the cost of abating certain public

nuisances. (grass lots Groups 5 – 9)

II. ORDINANCES

(a) An ordinance establishing the offense of driving while distracted setting the

punishment for the same, and other matters with respect thereto. 1st Reading

III. RESOLUTIONS

(a) A resolution receiving a cost report on the abatement of a public nuisance.

(b) A resolution authorizing reimbursements to city officials for expenses

incurred while traveling away from the city.

(c) A resolution declaring a reported condition to be a public nuisance. (Grp 19)

Page 2: Anniston City Council - Formal - 8/14/12

(d) A resolution authorizing the City Manager to enter into an Agreement on

behalf of the Anniston Calhoun County HOME Consortium with the Habitat

of Humanity for Calhoun County, Alabama.

(e) A resolution implementing that component of the Anniston Calhoun County

HOME Consortium first year Action Plans.

(f) A resolution authorizing the submission of a grant application for financial

assistance under the Alabama Industrial Access Road and Bridge Program.

(g) A resolution approving the application for a tax abatement for Changer &

Dresser Corp. and further authorizing the Mayor to execute an agreement with

same.

(h) A resolution establishing regulations governing conduct on Forever Wild

Lands Coldwater Mountain Bike Trail.

(i) A resolution conveying property owned by the City of Anniston o the

Anniston Water Works and Sewer Board.

IV. MOTIONS

(a) A motion authorizing the City Manager to a Memorandum of Agreement

between The Anniston Munitions Center and The Anniston Regional Airport

for use of Anniston Regional Airport for shipping and receiving ammunition.

(b) A motion approving the expenditure of funds allocated to the Northeast

Alabama Crisis Center (NACC), formerly Daybreak through the City’s

Outside Agencies to 2nd

Chance, Inc. in the amount of $5,625.00.

(c) A motion to hire outside investigators to investigate the alleged inappropriate

actions of Department Head and staff on the misuse of city equipment,

employees, and taking city property for personal gain.

(d) A motion to authorize payment for a claim from Ronald Clark to replace the

windshield of his vehicle he claims was broken from a rock thrown from a

weed eater by city workers.

(e) A motion to authorize the City Manager and the City Grant Writer to take the

appropriate steps to bring the Community Action Agency to Anniston if the

opportunity arises.

V. OTHER ADDITIONAL OR FURTHER MATTERS THAT MAY COME

BEFORE COUNCIL

PUBLIC COMMENTS (Mayor)

COUNCIL COMMENTS (Mayor)

ADJOURNMENT (Mayor)

Page 3: Anniston City Council - Formal - 8/14/12

UNFINISHED BUSINESS

Page 4: Anniston City Council - Formal - 8/14/12

RESOLUTION NO. 12-R-___

A RESOLUTION ASKING THE ANNISTON, ALABAMA CIVIL SERVICE

BOARD TO REVISE SECTION 2 (B) 5 OF CHAPTER VIII OF ITS RULES AND

REGULATIONS IN ORDER TO ALLOW THE CITY TO RECRUIT ITS

HIGHEST RANKING OFFICER FROM OUTSIDE OF THE DEPARTMENT’S

CURRENT RANKS.

WHEREAS Act 1953-592 (as amended), known as the Anniston Civil Service Act,

allows the Civil Service Board to specify the procedures and parameters to

be imposed on the City in many of its personnel practices; and

WHEREAS Section 2 (b) 5 of Chapter VIII of the Rules and Regulations promulgated

according to the Anniston Civil Service Act specifies that promotion to the

rank of Chief will only be open to “Any member of the Anniston Fire

Department with the permanent rank of Assistant Chief”; and

WHEREAS the City Council of the City of Anniston, Alabama, considers the ability to

recruit eminently qualified and experienced officers for its senior

leadership position from either within or beyond the current corps of

Captains to be important in the advance of professionalism in the

department;

NOW THEREFORE be it resolved by the City Council of the City of Anniston,

Alabama, in regular session convened, that the Anniston Civil Service

Board be and it is hereby requested to revise Section 2 (b) 5 of Chapter

VIII of its Rules and Regulations to read as follows:

CHAPTER VIII. PROMOTIONS

Section 2. Fire Department

* * *

(b) The following scale of eligibility must be followed in

determining eligibility for promotion:

* * *

5. Promotion to Chief – Any member of the Anniston Fire

Department with the permanent rank of Assistant Chief or a high

ranking officer of a fire department in a city the total population

of which is comparable Anniston’s.

Page 5: Anniston City Council - Formal - 8/14/12

PASSED AND ADOPTED this _____ day of _______________, 2012

CITY COUNCIL OF THE CITY OF

ANNISTON, ALABAMA

BY:

Gene D. Robinson, Mayor

BY:

Jay W. Jenkins, Council Member

BY:

Herbert N. Palmore, Council Member

BY:

Benjamin L. Little, Council Member

BY:

Marcus L. Dunn, Council Member

ATTEST:

Alan B. Atkinson, City Clerk

Page 6: Anniston City Council - Formal - 8/14/12

ORDINANCES

Page 7: Anniston City Council - Formal - 8/14/12

ORDINANCE NO. 12-O-___

AN ORDINANCE ESTABLISHING THE OFFENSE OF DRIVING WHILE

DISTRACTED SETTING THE PUNISHMENT FOR THE SAME, AND OTHER

MATTERS WITH RESPECT THERETO.

BE IT ORDAINDED by the City Council of the City of Anniston, Alabama as follows:

SECTION ONE: It shall be unlawful and constitute an offense against the City of

Anniston for any person to drive a motor vehicle recklessly or heedlessly while distracted or in

willful, wanton, reckless or negligent disregard for the rights or safety of persons or property, or

without due caution and circumspection so as to endanger or be likely to endanger any person or

property.

SECTION TWO: Any person convicted of driving while distracted shall be punished

upon a first conviction by a fine of not less than Twenty-five and No/100 ($25.00) Dollars nor

more than One Hundred and No/100 ($100.00) Dollars and on a second or subsequent conviction

shall be punished by a fine of not less than Fifty and No/100 ($50.00) Dollars nor more than Two

Hundred Fifty and No/100 ($250.00) Dollars and on a third or subsequent conviction shall be

punished by a fine of not less than One Hundred and No/100 ($100.00) Dollars nor more than

Five Hundred and No/100 ($500.00) Dollars.

SECTION THREE: Driving while distracted may be considered by the courts of the

City of Anniston to be a lesser included offense under a charge of reckless driving.

SECTION FOUR: This ordinance shall not apply to vehicles operated by licensed

police officers, fire fighters, ambulance drivers, and other public safety employees in

performance of emergency duties.

PASSED AND ADOPTED this the ___ day of _____________, 2012.

CITY COUNCIL OF THE CITY OF

ANNISTON, ALABAMA

Gene D. Robinson, Mayor

Jay W. Jenkins, Council Member

Herbert N. Palmore, Council Member

Benjamin L. Little, Council Member

Marcus L. Dunn, Council Member

ATTEST:

Alan B. Atkinson, City Clerk

Page 8: Anniston City Council - Formal - 8/14/12

RESOLUTIONS

Page 9: Anniston City Council - Formal - 8/14/12

RESOLUTION NO. 12-R-___

A RESOLUTION AUTHORIZING REIMBURSEMENTS TO CITY OFFICIALS FOR

EXPENSES INCURRED WHILE TRAVELING AWAY FROM THE CITY

BE IT RESOLVED, by the City Council of the City of Anniston, Alabama, that reimbursement

is made by the City of Anniston, Alabama, as follows:

GENERAL FUND

a. $400.69 to James Green, Engineering Department, for expenses incurred while attending

the Flood Plain Management Seminar in Foley, Alabama July 9-12, 2012.

b. $58.28 to Jarrod Simmons, Finance Department, for expenses incurred while attending

the Alabama Municipal Revenue Officers Summer Conference in Guntersville, Alabama

July 18-20, 2012.

c. $156.73 to Renee Baker, Finance Department, for expenses incurred while attending

Basic Public Information Officer Training in Montgomery, AL July 10-12, 2012.

PASSED AND ADOPTED this ____ day of ___________, 2012.

CITY COUNCIL OF THE CITY OF

ANNISTON, ALABAMA

BY:____________________________________

Gene D. Robinson, Mayor

BY:____________________________________

Jay W. Jenkins, Council Member

BY:____________________________________

Herbert N. Palmore, Council Member

BY:____________________________________

Benjamin L. Little, Council Member

BY:____________________________________

Marcus L. Dunn, Council Member

ATTEST:

____________________________

Alan B. Atkinson, City

Page 10: Anniston City Council - Formal - 8/14/12

RESOLUTION NUMBER 12-R-___

A RESOLUTION DECLARING A REPORTED CONDITION TO BE A PUBLIC

NUISANCE

WHEREAS, David Hill , an Appropriate City Official, pursuant to Section 34.15 of said

Ordinance, has reported to the City Council that conditions exist at _see attached (Group 19)_

in Anniston, Alabama that are believed to be a public nuisance; and

WHEREAS, the said City official submitted proof of said condition that was deemed by the

City Council to be satisfactory to show that a public nuisance existed at the place specified; and

WHEREAS, Section 34.3 (b) (1) of the City of Anniston Ordinance No. 11-O-9 declares the

following conditions to be a public nuisance: overgrown lots as defined in Section 34.2 of the

Code of Ordinances; and

RESOLVED THEREFORE, that a public nuisance exists at the above said locations within

the City of Anniston, said property being more particularly described on Exhibit “A” to this

resolution; and

RESOLVED FURTHER, that the public nuisance must be abated by the City and the cost of

abatement charged as a lien against the property if not remedied by the owner(s); and

RESOLVED FURTHER, that a hearing be set before the City Council at its next regular

scheduled meeting to hear objections to the City’s actions; and

RESOLVED FURTHER, that at least two NOTICES TO REMOVE PUBLIC NUISANCE be

promptly posted by the Appropriate City Official in front of the said property at not more than

100 feet in distance apart as specified in Section 34.16 of the Code of Ordinances; and

RESOLVED FURTHER, that the Appropriate City Official shall post said NOTICE TO

REMOVE PUBLIC NUISANCE, as aforesaid, at least 5 days prior to the time for hearing

objections by the City Council; and

RESOLVED FURTHER, that the Appropriate City Official shall determine the name and

address of the person or entity last assessing said property for tax purposes, and shall further

cause a search to be made of the public records, and shall further make a diligent investigation

to discover the name(s) and contact information of the owners of every beneficial interest in the

said property; and

RESOLVED FURTHER, that the Appropriate City Official shall, at least 5 days prior to the

time for a hearing of objections by the City Council, mail a copy of said Notice by certified or

registered mail, with postage prepaid and return receipt requested, to the last person/entity

assessing the property for taxes and to each owner of a beneficial interest in said property

including, without limitation, mortgagees of record.

Page 11: Anniston City Council - Formal - 8/14/12

PASSED AND ADOPTED this the ____ day of ________________, 2012.

CITY COUNCIL OF THE CITY OF

ANNISTON, ALABAMA

BY: ____________________________________

Gene D. Robinson, Mayor

BY: ____________________________________

Jay W. Jenkins, Council Member

BY: ____________________________________

Herbert N. Palmore, Council Member

BY: ____________________________________

Benjamin L. Little, Council Member

BY: ___________________________________

Marcus L. Dunn, Council Member

ATTEST:

______________________________

Alan B. Atkinson, City Clerk

Page 12: Anniston City Council - Formal - 8/14/12

Exhibit “A”

Group 19 Nuisance Lots

428 G St PPIN 434 430 G St PPIN 66540

606 Allen St PPIN 66661 615 South Allen Ave PPIN 63126

0 South Allen Ave #21 PPIN 63123 531 South Allen Ave PPIN 63120

0 South Allen Ave #17 PPIN 63622 523-527 South Allen Ave PPIN 63119

0 South Allen Ave #15 PPIN 63621 525 South Allen Ave-Rear PPIN 63116

0 South Allen Ave #8 PPIN 66252 0 Pine Ave #37.001 PPIN 18823

0 Pine Ave #38 PPIN 63262 0 West 16th St #17 PPIN 2127

0 West 16th St #17.003 PPIN 62562 2129 McKleroy Ave PPIN 20238

1619 Gurnee Ave PPIN 20045 30 West 17th St PPIN 20043

112 West 16th St PPIN 19227 14 Circle St PPIN 19233

12 Circle St PPIN 19107 1615 Gurnee Ave PPIN 19105

1522 Charlotte Ave PPIN 20795 1526 Charlotte Ave PPIN 21258

1703 Charlotte Ave PPIN 61740 1700 Charlotte Ave PPIN 62099

1532 Bacon Ave PPIN 21431 1701 Marguerite Ave PPIN 62287

3920 Cross St PPIN 27028 3921 Cross St PPIN 27174

25 North St PPIN 60508 1938 Noble St PPIN 60513

3910 McClellan Blvd PPIN 27029 3824 George St Rear PPIN 60561

3824 George St PPIN 60514 1923 Gurnee Ave PPIN 20444

1930 Gurnee Ave PPIN 20428 1915 Gurnee Ave PPIN 20445

1922 Gurnee Ave PPIN 62492 802 Bellwood Dr PPIN 27271

0 Cain St #2 PPIN 27272 802-1/2 Bellwood Dr PPIN 27270

905 Bellwood Dr PPIN 57748 515 West 11-1/2 St PPIN 18899

1122 Pine Ave PPIN 63076 606 West 11-1/2 St PPIN 63074

700 Mulberry Ave PPIN 18625 709 Mulberry Ave PPIN 18624

0 Church St #38 PPIN 68691 0 Constantine Ave #30 PPIN 64349

509 West 13th St PPIN 18728 2207 McCoy Ave PPIN 25514

2215 McCoy Ave PPIN 25511 2211 McCoy Ave PPIN 25512

2214 McCoy Ave PPIN 25126 426 West 23rd St PPIN 25510

1213 West 13th St rear PPIN 1232 1223 West 14th St PPIN 19289

19 West 24th St PPIN 25256 17 West 24th St PPIN 25257

1800 Diane Dr PPIN 64808 613 South Allen Ave PPIN 63124

617 South Allen Ave PPIN 63623 3904 Cross St PPIN 75563

1514 Bacon Ave PPIN 21434 1134 Pine Ave PPIN 18764

Page 13: Anniston City Council - Formal - 8/14/12

RESOLUTION NO. 12-R-___

A RESOLUTION IMPLEMENTING THAT COMPONENT OF THE ANNISTON CALHOUN

COUNTY HOME CONSORTIUM FIRST YEAR ACTION PLANS.

WHEREAS, the City of Anniston authorized the City Manager to pay $1.00 to execute and purchase the

HUD home at 2630 McCoy Avenue, Anniston, Under the HUD Dollar Home program to promote

housing for low to moderate income families and execute required paperwork; and

WHEREAS, the property located at 2630 McCoy Avenue, Anniston, Alabama. SEC 31 TSP15S RNG

08E Northside Defense Homes Sub. Blk. 8 Lot 1, as shown on the Map of Northside Defense Homes

subdivision, as recorded in the Probate Judge Office of Calhoun County, Alabama, Plat Book C, Page 61,

situated lying and being in Calhoun County, Alabama; and

WHEREAS, the City of Anniston assigned and designated the property located at 2630 McCoy Avenue

as a resource for use by the Anniston/Calhoun County HOME Consortium; and

WHEREAS, the Anniston/Calhoun County HOME Consortium will use HOME funds to rehabilitate said

property to provide affordable homeownership for a low/moderate income family in the City of Anniston,

Alabama; and

WHEREAS, the City of Anniston has been authorized to act in a representative capacity as a member of

the Anniston/Calhoun HOME Consortium; and

WHEREAS, Quentin T. Gay and Jerlisa Myles – Gay completed the application and qualified based upon

HOME regulations;

NOW THEREFORE, BE IT RESOLVED BY THE Council of the City of Anniston, Alabama, that the

City be duly authorized and empowered to sell, deed, transfer, and convey its right, title and interest to

property located at 2630 McCoy Avenue, Anniston, Alabama to Quentin T. Gay and Jerlisa Myles-Gay

for the sum of One Dollar and No/100 Dollars ($1.00) by Warranty Deed.

PASSED AND ADOPTED this _____ day of _______________, 2012.

CITY COUNCIL OF THE CITY OF

ANNISTON, ALABAMA

Gene D. Robinson, Mayor

Jay W. Jenkins, Council Member

Herbert N. Palmore, Council Member

Benjamin L. Little, Council Member

Marcus L. Dunn, Sr., Council Member

ATTEST:

Alan B. Atkinson, City Clerk

Page 14: Anniston City Council - Formal - 8/14/12

RESOLUTION NO. 12-R-____

A RESOLUTION AUTHORIZING THE CITY MANAGER OF ANNISTON, ALABAMA

TO ENTER INTO A AGREEMENT ON BEHALF OF THE ANNISTON CALHOUN

COUNTY HOME CONSORTIUM WITH THE HABITAT OF HUMANITY FOR

CALHOUN COUNTY, ALABAMA

WHEREAS, the Anniston Calhoun County HOME Consortium Board has approved the

allocation of funds to Habitat for Humanity of Calhoun County, Alabama for the construction of

new single family units and/ or the purchase of said units, by first time home buyers; and

WHEREAS the City of Anniston, has been authorized to act in a representative capacity for all

members of the Anniston Calhoun County HOME Consortium; and

NOW THEREFORE, BE IT RESOLVED BY THE Council of the City of Anniston, Alabama,

that the City Manger is hereby authorized to sign the agreement and all documentation relating to

the agreement between the Anniston Calhoun County HOME Consortium and Habitat for

Humanity of Calhoun County, Alabama.

PASSED AND ADOPTED this _____ day of _______________, 2012.

CITY COUNCIL OF THE CITY OF

ANNISTON, ALABAMA

Gene D. Robinson, Mayor

Jay W. Jenkins, Council Member

Herbert N. Palmore, Council Member

Benjamin L. Little, Council Member

Marcus L. Dunn, Sr., Council Member

ATTEST:

Alan B. Atkinson, City Clerk

Page 15: Anniston City Council - Formal - 8/14/12

RESOLUTION NO. 12-R-___

A RESOLUTION AUTHORIZING THE CITY MANAGER OF ANNISTON, ALABAMA

TO ENTER INTO A AGREEMENT ON BEHALF OF THE ANNISTON CALHOUN

COUNTY HOME CONSORTIUM WITH NORTHEAST ALABAMA COMMUNITY

DEVELOPMENT CORPORATION

WHEREAS, the Anniston Calhoun County HOME Consortium Board has approved the

allocation of funds to Northeast Alabama Community Development Corporation for the

purchase and rehabilitation of units to be used as rental housing; and

WHEREAS the City of Anniston, has been authorized to act in a representative capacity for all

members of the Anniston Calhoun County HOME Consortium; and

NOW THEREFORE, BE IT RESOLVED BY THE Council of the City of Anniston, Alabama,

that the City Manger is hereby authorized to sign the agreement and all documentation relating to

the agreement between the Anniston Calhoun County HOME Consortium and Northeast

Alabama Community Development Corporation.

PASSED AND ADOPTED this _____ day of _______________, 2012.

CITY COUNCIL OF THE CITY OF

ANNISTON, ALABAMA

Gene D. Robinson, Mayor

Jay W. Jenkins, Council Member

Herbert N. Palmore, Council Member

Benjamin L. Little, Council Member

Marcus L. Dunn, Sr., Council Member

ATTEST:

Alan B. Atkinson, City Clerk

Page 16: Anniston City Council - Formal - 8/14/12

RESOLUTION NO. 12-R- ______

AUTHORIZING THE SUBMISSION OF A GRANT APPLICATION FOR FINANCIAL

ASSISTANCE UNDER THE ALABAMA INDUSTRIAL

ACCESS ROAD AND BRIDGE PROGRAM

WHEREAS, the Alabama Department of Transportation has the authority to award

grants for industrial road and bridge projects, and

WHEREAS, the former Fort McClellan properties are a valuable resource for creating

new job opportunities and improving the quality of life for citizens in Anniston and throughout

Calhoun County, and

WHEREAS, grant assistance for the final phases of the Iron Mountain Road will greatly

enhance McClellan’s Economic Development potential by providing rapid access to the new

Veterans Memorial Parkway (Eastern Bypass) and Alabama Highway 21, and

WHEREAS, the funding for design engineering, not covered under this grant, will be

funded by the McClellan Development Authority;

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Anniston

as follows:

1. That the City Council authorizes submission of the Grant Application to the Alabama

Department of Transportation said program; and

2. That the Mayor is authorized to sign any and all documents necessary to obtain said

grant.

PASSED AND ADOPTED this the 14th day of August, 2012.

CITY COUNCIL OF THE CITY OF

ANNISTON, ALABAMA

By:

Gene D. Robinson, Mayor

By:

Jay W. Jenkins, Council Member

By:

Herbert N. Palmore, Council Member

By:

Benjamin L. Little, Council Member

By:

Marcus L. Dunn, Sr., Council Member

ATTEST:

Alan B. Atkinson, City Clerk

Page 17: Anniston City Council - Formal - 8/14/12
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RESOLUTION NO. 12-R-___

A RESOLUTION ESTABLISHING REGULATIONS GOVERNING CONDUCT ON

FOREVER WILD LANDS COLDWATER MOUNTAIN BIKE TRAIL

WHEREAS, the City of Anniston wants to ensure that safety, access and prescribed recreational

opportunities are protected and utilized for the public and benefit;

WHEREAS, the City of Anniston is proactively engaged to see the current and future

development of the Coldwater Mountain Bike Trail is the catalyst for its recreation, connection

to the city and its bicycle/pedestrian networks and the core of ecotourism and downtown

revitalization;

WHEREAS, regulation of certain conduct on lands under the State Lands Division Jurisdiction,

as defined in 220-4-.15-.194ER and statutory authority, 9-2-12, Code of Alabama 1975, are

protected and governed by policy. Except as otherwise authorized in writing by the Director of

the State Lands Division, it shall be unlawful on any state owned lands under the jurisdiction of

the State Lands division to:

(a) For any unauthorized person at any time to operate a motor scooter, ATV, motorcycle,

motorized trail bike, or any motor driven vehicle upon the designated system of the

Coldwater Mountain Bike Trail,

(b) State Lands Division will prepare and post signage designating the trail network area,

(c) A fine of $500 and impoundment of the unauthorized vehicle will be enforced by the City

of Anniston Police Department in conjunction with the State Lands Division.

PASSED AND ADOPTED this the ___ day of _____________, 2012.

CITY COUNCIL OF THE CITY OF

ANNISTON, ALABAMA

Gene D. Robinson, Mayor

Jay W. Jenkins, Council Member

Herbert N. Palmore, Council Member

Benjamin L. Little, Council Member

Marcus L. Dunn, Council Member

ATTEST:

Alan B. Atkinson, City Clerk

Page 31: Anniston City Council - Formal - 8/14/12

RESOLUTION NO. 12-R-____

A RESOLUTION CONVEYING PROPERTY OWNED BY THE CITY OF ANNISTON

TO THE ANNISTON WATER WORKS AND SEWER BOARD

WHEREAS, The City of Anniston owns property located at 210 West 14th

Street, in Anniston,

Alabama as described in Exhibit A attached;

WHEREAS, the City of Anniston ensures and supports that property is used in a contiguous and

complimentary way to surrounding land areas and promotes economic development, safe access

and sustainability;

WHEREAS, the utility, Anniston Water Works and Sewer Board, has invested in downtown

revitalization and historic preservation by developing its service center to provide a location

which lends to more efficient service to the citizens of Anniston and its customer base;

WHEREAS, property located at 210 West 14th

Street will provide the service center additional

space to further enhance its operations and support customer service;

THEREFORE, be it resolved, by the Anniston City Council, that the property located at 210

West 14th

Street be conveyed to the Anniston Water Works and Sewer Board in order to fulfill

operational efficiency.

PASSED AND ADOPTED this _____ day of _______________, 2012.

CITY COUNCIL OF THE CITY OF

ANNISTON, ALABAMA

Gene D. Robinson, Mayor

Jay W. Jenkins, Council Member

Herbert N. Palmore, Council Member

Benjamin L. Little, Council Member

Marcus L. Dunn, Sr., Council Member

ATTEST:

Alan B. Atkinson, City Clerk

Page 32: Anniston City Council - Formal - 8/14/12

EXHIBIT “A”

PARCEL NUMBER: 21-03-06-4-005-001.000

PPIN: 18736

LEGAL DESCRIPTION:

SEC 06 TSP RNG 08E ANNISON CITY LAND CO BLK 151 LOTS 1, 2, 3, 4, 5, AND 6

ANNISTON ALA S6 T16 R8 D/B/A EMERGENCY RESCUE SQUAD

Page 33: Anniston City Council - Formal - 8/14/12

MOTIONS

Page 34: Anniston City Council - Formal - 8/14/12

DEPARTMENT OF THE ARMY ANNISTON MUNITIONS CENTER

7 FRANKFORD AVE, BLDG 202

ANNISTON AL 36201-4199

REPLY TO

ATTENTION OF:

MMEEMMOORRAANNDDUUMM OOFF AAGGRREEEEMMEENNTT

BBEETTWWEEEENN

TTHHEE AANNNNIISSTTOONN MMUUNNIITTIIOONNSS CCEENNTTEERR

AANNDD

TTHHEE AANNNNIISSTTOONN RREEGGIIOONNAALL AAIIRRPPOORRTT

SSUUBBJJEECCTT:: Use of Anniston Regional Airport for Shipping and Receiving Ammunition

11.. RReeffeerreenncceess.. DDAA PPaamm 338855--6644,, Ammunition and Explosives Safety Standards, 24 May 2011

2. Purpose. This Memorandum of Agreement (MOA) outlines the responsibilities of each party

for the shipping and receiving of ammunition through the Anniston Regional Airport (ANB).

3. Mission. Safely ship and receive ammunition by military airlift through the Anniston

Regional Airport

4. Scope. This MOA defines the requirements as applied to the ANMC and the Anniston

Regional Airport.

5. Understandings, agreements and support, and resource needs. The use of the Anniston

Regional Airport (ANB) by the Anniston Munitions Center (ANMC) to ship and receive

ammunition by aircraft is agreed to by all interested parties subject to the following conditions:

a. The ANB has designated a 1250 feet exclusionary area for munitions operations for

ammunition having a net explosive weight (NEW) above 450 pounds.

b. ANMC will implement the necessary safety precautions and surveillance measures for

ammunition operations located within the area designated by the ANB.

c. ANMC will be responsible for any personal or property damages that are caused by its

equipment or materials to the extent provided for in Federal Tort Claims Act (FTCA), 28

U.S.C. §§ 1291, 1402, 2401-2402, 2411-2412, and 2671-2680.

d. The airlift command and the ANB assume no responsibility for any incident(s) and/or

accident(s) occurring on the premises resulting from any ammunition operation performed by

the ANMC.

e. The ANB will not be required to schedule air shipments and receipts during the week of

racing events.

f. The ANMC will control all movement and traffic within a radius of 600 feet from the

aircraft during ammunition shipping and receiving operations.

Page 35: Anniston City Council - Formal - 8/14/12

2

SJMBG-AN

SSUUBBJJEECCTT:: Use of Anniston Regional Airport for Shipping and Receiving Ammunition

g. Anniston Aviation, the fixed-base operator, shall be responsible for all notifications as it

relates to airport closure and hours of operation. Anniston Aviation agrees to close the airport

to all other air traffic while ammunition is on ANB property.

h. Either party can terminate this agreement by providing the other party a 30 day written

notice.

6. Effective dates. 26 JUL 2012 - 25 JUL 2014

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DDAAVVIIDD LL.. SSCCHHMMIITTTT DDOONN AA.. HHOOYYTT

LLTTCC,, LLGG CCiittyy MMaannaaggeerr

CCoommmmaannddeerr,, AANNMMCC AAnnnniissttoonn,, AAllaabbaammaa

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((DDaattee)) ((DDaattee))