TOTHE MEMBERS OF THE CITY COUNCIL OF THE
CITYOF WETUMPKA, ALABAMA, AS FOLLOWS:
In my opinion, the public businessrequires that a special meeting of the City Council of the City of Wetumpka,Alabama, be held, and we do hereby call and give notice of such meeting to beheld at the City Administration Building, 408 South Main Street, on Wednesdaythe 29th day of May, 2019 at 12:00 p.m. for the purpose of:
1. AuthorizeMayor to sign Letter of Intent for acquisition of property.
Dated this, the 28thday of May, 2019
May 29, 2019 12:00 p.m.
Wetumpka City Administrative Building
Present were Mayor Jerry Willis andCouncilmembers Kevin Robbins, Lewis Washington, Sr., Lynnes Justiss, SteveGantt and Greg Jones. Also, present were City Clerk Tiffany Robinson,department heads, and staff members.
Aquorum of the Council was present according to the sign in Roll for the calledSpecial Meeting.
Themeeting was called to order.
Councilmember Robbins said the invocationand Councilmember Gantt led the Pledge of Allegiance.
Regina Edwards, City Attorney, requestedthat the Council enter into executive session for approximately 20 minutes todiscuss the purchase of property. Councilmember Justiss made a motion to enterinto executive session. Councilmember Gantt seconded the motion with theCouncil voting unanimously in favor of the motion. The Council exited at 12:05p.m.
Mayor Willis called the meeting back toorder at 12:25 p.m.
Councilmember Robbins made a motion toauthorize the Mayor to sign a Letter of Intent for acquisition of property.Councilmember Washington seconded the motion with the Council votingunanimously in favor of the motion.
Councilmember Gantt made a motion to moveforward with repairs to the storm drain at a cost of $114,575. CouncilmemberWashington seconded the motion with the Council voting unanimously in favor ofthe motion.
Upona motion by Councilmember Gantt, the meeting was adjourned at 12:30 p.m.
Approved by Council on the _______ day of______________, 2019.
TiffanyRobinson, City Clerk
Monday, June 3,2019
Wetumpka City Hall
Citizen Comments- none
Boards & Committees- ShellieWhitfield, Chamber of Commerce Executive Director announced they had 11 newmembers, a new marketing committee and a ribbon cutting at Pizza Hut on June20, 2019. She also announced they would no longer host the Haunted HistoryTours.
Agenda Items were discussed.
June 3, 2019
Wetumpka City Hall
The Council of the City of Wetumpkaheld a work session prior to the Regular Meeting on Monday, June 3, 2019. Themeeting was called to order by Mayor Jerry Willis at 6:10 p.m. The Invocationwas given by Tex Grier and Councilmember Justiss led the Pledge of Allegiance.
Upon Roll Call the following werepresent along with Mayor Willis: Councilmembers Lewis Washington, Sr. Lynnes Justiss,Steve Gantt and Greg Jones. Councilmember Robbins was absent. Those presentincluded Tiffany Robinson-City Clerk, WPD, along with department heads; staffmembers, and citizens of Wetumpka.
Councilmember Justiss offered amotion to approve the minutes of the regular scheduled Council Meeting held Monday,May 20, 2019. The motion was seconded by Councilmember Jones with the Councilvoting unanimously in favor of the motion.
There was no old business.
Under new business, Mayor Willis opened the public hearing toapprove a resolution to authorize the Mayor to execute a project developmentagreement to promote economic development. Aldi representative, Joel Watsonspoke in favor of the agreement. No one spoke against. Mayor Willis closed thepublic hearing.
Lynn Weldon, Economic Development Director, read resolution2019-6-3-1 to authorize the Mayor to execute a project development agreement topromote economic development. Councilmember Jones made a motion to pass theresolution as presented. Councilmember Gantt seconded the motion with the voteas follows with the Council voting unanimously in favor of the motion.
BE IT RESOLVED by the CityCouncil of the City of Wetumpka, Alabama, as follows:
Section 1. Findings. The City Council (the “Council”) of the Cityof Wetumpka, Alabama (the “City”),which is the governing body of the City, has found and ascertained and doeshereby declare as follows:
A. The Council has heretofore cause to be published in the Wetumpka Herald, the newspaper havingthe largest circulation in the City, in its edition of May 22, 2019, a noticeto the public announcing the holding by the Council of a public meetingbeginning at 6:00 PM on June 3, 2019 for the purpose of receiving comments frominterested citizens, pursuant to theprovisions of the constitution and laws of the State of Alabama, includingparticularly Amendment No. 772 to the Constitution of Alabama of 1901,concerning the proposed authorization,execution and delivery, for and in the name and behalf of the City, of aProject Development Agreement (the "Development Agreement") (attachedhereto as Exhibit “A”) by and between the City and Aldi Inc. (Alabama) (collectivelythe “Developer”), in which the City proposes to take the actions as setforth therein and as partially described below.
B. The purpose of the project and the items set forth above is thepromotion of the economic development of the City in accordance with theeconomic development goals and objectives of the City, the increase in taxrevenues in and around the City, the increase in jobs in and around the Cityand the improvement of the quality of life for citizens in and around the City.
C. Any interested citizens appearing at the public hearing have been givenan opportunity to make comments to the Council on the proposed project and theterms of the Development Agreement and the Council has considered such commentsas may have been made with respect thereto.
D. The public benefits sought to beachieved by the adoption of the Development Agreement are the construction andoperation of a grocery and restaurant which is expected to generate additionaltax revenues for the City, and the creation of additional full time equivalentjobs in the City, many of which will be filled by residents of the City andwhich will improve and enhance the overall aesthetics of the City therebypromoting economic development within the City and enhancing the quality of lifefor citizens of the City.
E. Forpurposes of Amendment No. 772 to the Constitution of Alabama of 1901, theDeveloper is the business entity to whom or for whose benefit the City proposesto lend its credit or grant public funds or thing of value.
F. The expenditure of public funds forthe purpose specified in this resolution and in the Development Agreement willserve a valid and sufficient public purpose, notwithstanding any incidentalbenefit accruing to any private entity or entities.
Section2. Approval. The Council hereby approves theauthorization, execution and delivery, for and in the name and behalf of the City,of:
A. theDevelopment Agreement by and between the City and the Developer, and theprovisions set forth therein in substantially the form and of substantially thecontent as the said Development Agreement and presented to and considered bythe City Council, with such changes or additions thereto or deletions therefromas the Mayor of the City executing such Development Agreement to which the Cityis a party signatory thereto shall approve, which approval shall beconclusively evidenced by his executing the Development Agreement as hereinprovided.
B. Theapproval of the above stated Development Agreement provided for herein iscontingent upon and subject to the approval of all parties to the DevelopmentAgreement and the said Development Agreement is approved in substantially the sameform and substance of those presented to and considered by the City Council.
Section3. Authorization of Related Documents and Actions. The Mayor, the City Clerk, and all otherofficers of the City and of the Council are hereby authorized and directed toexecute, deliver, seal and attest such other agreements, undertakings,documents and certificates and to take such other actions on behalf of the Cityand the Council as may be necessary or desirable to consummate the executionand delivery of the Development Agreement and the undertakings of the City andthe Council as set forth in the Development Agreement and to carry out fullythe transactions contemplated by this resolution subject to the conditions setforth herein.
Section4. Provisions of Resolution Severable. The various provisions of this resolution are hereby declared to be severable. In the event any provision hereof shall beheld invalid or unenforceable by a court of competent jurisdiction, suchholding shall not affect the validity or enforceability of any other portion ofthis resolution.
Section5. Effective Date. Thisresolution shall take effect upon its passage and adoption by the Council.
ADOPTED and APPROVED this the ____ day of June,2019.
THE CITY OF WETUMPKA, ALABAMA
Tiffany Robinson, City Clerk
Also, under new business, Lynn Weldon, Economic DevelopmentDirector read resolution 2019-6-3-2 to authorize the Mayor to execute a limitedobligation certificate of indebtedness with regard to the project developmentagreement. Councilmember Justiss made a motion to pass the resolution aspresented. Councilmember Jones seconded the motion with the Council votingunanimously in favor of the motion.
RESOLUTION NO. 2019 -6-3-2
ARESOLUTION AUTHORIZING THE ISSUANCE OF THE CITY’S SERIES 2019-A LIMITED OBLIGATION CERTIFICATE OF INDEBTEDNESSWITH REGARD TO THE PROJECT DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OFWETUMPKA, ALABAMA, AND ALDI INC. (ALABAMA).
BEIT RESOLVED BY CITY COUNCIL OF THE CITY OF WETUMPKA, ALABAMA, (the "City"),as follows:
1. The City does hereby approve, adopt,ratify, authorize and confirm the following documents:
(a) the Project Development Agreement (the"Development Agreement") by and among the City and Aldi Inc.(Alabama), a Domestic Corporation (the “Developer”); and
(b) the form and issuance of the City’sSeries 2019-A Limited Obligation Certificate of Indebtedness.
2. The documents described in Section 1 ofthis resolution (herein collectively the "Financing Documents") areapproved in substantially the form and of substantially the content as theFinancing Documents presented to and considered by the City Council, with suchchanges or additions thereto or deletions therefrom as the Mayor of the City executingthose of the Financing Documents to which the City is a party signatory theretoshall approve, which approval shall be conclusively evidenced by his executingthe Financing Documents as hereinafter provided.
3. The Financing Documents presented to,considered and adopted by the City Council shall be filed in the permanentrecords of the City.
4. The Certificate of Indebtednessevidences the obligations of the City set forth in the Development Agreementwhich serve to promote economic development of the City as more thoroughlydescribed in the Development Agreement and further serve a valid and sufficientpublic purpose notwithstanding any incidental benefit to any private person orentity including Developer and have been found by the City Council to be in thebest interests of the citizens of the City.
5. The City desires,before the issuance of the Series 2019-A Limited Obligation Certificate ofIndebtedness, described in the Financing Documents, to validate the legality ofall proceedings had or taken in connection therewith, the validity of the meansprovided for payment of the Series 2019-A Limited Obligation Certificate ofIndebtedness and the validity of all covenants and provisions contained in theresolution and order authorizing the issuance of the Series 2019-A LimitedObligation Certificate of Indebtedness, by filing a complaint against thetaxpayers and citizens of the City of Wetumpka, Alabama in the Circuit Court ofElmore County, Alabama. A complaint to validate such Series 2019-A LimitedObligation Certificate of Indebtedness, the Financing Documents, proceedings,means provided for the payment thereof, and all covenants and provisionscontained in the resolution and order authorizing the issuance of saidobligation shall be filed and validation proceedings shall be instituted in thename of the City and the members of the governing body of the City. Hill,Gossett, Kemp & Hufford, P.C. is hereby designated and appointed as theattorney of the City to file such complaint, institute such proceedings, and totake all steps necessary to complete such validation proceedings in accordancewith the provisions of applicable law. Any actions heretofore taken by suchattorneys in connection with the filing of such complaint or such validationproceedings are hereby ratified and confirmed.
6. Subject to successful resolution of theValidation Proceedings, the Mayor is hereby authorized and directed to execute,acknowledge and deliver the Financing Documents for and on behalf of and in thename of the City. The City Clerk is hereby authorized and directed to attestthe same. Any prior execution of theFinancing Documents by any of the aforesaid officers is hereby ratified andconfirmed.
7. The Mayor and the City Clerk, or eitherof them, are hereby authorized and directed to: execute, deliver, file andrecord such related financing documents and security agreements and noticesthereof as may be necessary or desirable to carry out the provisions of thisresolution.
8. Any prior actions taken or documentsexecuted by any officers of the City in connection with the Financing Documentsand the transactions herein authorized and approved are hereby ratified andconfirmed.
9. The City does hereby approve, adopt,ratify, and confirm the seal impressed on these minutes as and for the officialcorporate seal of the City and said seal shall remain in the custody of the CityClerk, who is hereby authorized to affix the same to bonds, contracts,proceedings and other documents of the City.
Dulyadopted this _____ day of _________________, 2019.
SE A L
TiffanyRobinson, City Clerk
Dennis Fain, with Main Street Wetumpka, requested utilityassistance for the Alleyway. This will return on the next agenda for the secondtime.
Tex Grier, Public Works Director, requested permission topurchase an Exmart 60 inch mower for the MLK, soccer and football fields at acost of $8,700. This will also return to the agenda at the next Councilmeeting.
Approved by Council on the _______ dayof __________, 2019.
TiffanyRobinson, City Clerk