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)

(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)

UNFINISHED BUSINESS

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.

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

ORDINANCES

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

RESOLUTIONS

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

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.

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

CITY COUNCIL OF THE CITY OF ANNISTON, ALABAMA

ATTEST: ______________________________ Alan B. Atkinson, City Clerk

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

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

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

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

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

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

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

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

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

MOTIONS

DEPARTMENT OF THE ARMY ANNISTON MUNITIONS CENTER 7 FRANKFORD AVE, BLDG 202 ANNISTON AL 36201-4199 REPLY TO ATTENTION OF:

MEMORANDUM OF AGREEMENT BETWEEN THE ANNISTON MUNITIONS CENTER AND THE ANNISTON REGIONAL AIRPORT SUBJECT: Use of Anniston Regional Airport for Shipping and Receiving Ammunition

1. References. DA Pam 385-64, 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.

SJMBG-AN SUBJECT: 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

__________________________ DAVID L. SCHMITT LTC, LG Commander, ANMC

__________________________ DON A. HOYT City Manager Anniston, Alabama

__________________________ (Date)

__________________________ (Date)

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