DRAFT CC Packet 2023.04.18AGENDA
PRATTVILLE CITY COUNCIL
TUESDAY, APRIL 18, 2023
A PLEDGE OF ALLEGIANCE TO THE AMERICAN FLAG:
INVOCATION:
CALL TO ORDER:
THE CHARACTER TRAIT OF THE MONTH IS WISDOM: Seeing and responding to life
situations from a perspective that transcends current circumstances.
APPROVAL OF MINUTES: Public Hearing and City Council Meeting April 4, 2023
COMMENTS FROM PERSONS PRESENT REGARDING TONIGHT'S AGENDA:
MAYOR'S REPORT:
REPORT FROM COUNCIL ON SPECIAL COMMITTEES:
REPORT ON THE STATUS OF CITY FINANCES:
AGENDA
1. RESOLUTION: To Grant a Lounge Retail Liquor - Class II (Package) License for Tigers
Pride Market, Inc. d/b/a Lions Pride 113. {Sponsored By: Council President Boone}
2. ORDINANCE: To Establish City of Prattville Code of Ordinances, Chapter 62 — Traffic and
Vehicles, Article V. — Street Carts, Sections 62-150 through 62-153 that Provides for the
Regulation and Use of Street Carts Upon Certain Streets Within the Corporate Limits of the
City of Prattville. {Sponsored By: Council President Pro Tempore Strichik}
3. RESOLUTION: To Authorize the Release of Funds to Purchase Certain Real Property
Located at 550 and 689 Doster Road for the Sanitation Department at a Total Cost of
$49,000.00, Plus Closing Costs. {Sponsored By: Councilor Chambers}
4. RESOLUTION: To Grant a Retail Beer (Off Premises Only) License to BLUE JACK 22 INC
d/b/a Shell. {Sponsored By: Council President Pro Tempore Strichik} '
5. ORDINANCE: To Exempt Certain "Covered Items" From the Municipal Sales and Use Tax
During the Third Full Weekend of July 2023, as Authorized by §40-23-210 through §40-23-213,
Code of Alabama, 1975, as Amended, Generally Referred to as the "Back -to -School Sales
Tax Holiday" Legislation. {Sponsored By: Councilor Chambers}
6. RESOLUTION: To Grant a Retail Beer (Off Premises Only) and Retail Table Wine (Off
Premises Only) License to BLACK JACK 22 INC d/b/a Kwik Shop. {Sponsored By: Council
President Pro Tempore Strichik}
7. RESOLUTION: To Declare the Dilapidated Structure at 339 West 4th Street to Be Unsafe
and a Public Nuisance. {Sponsored By: Council President Pro Tempore Strichik}
COMMENTS FROM PERSONS PRESENT:
CLOSING COMMENTS:
ADJOURN:
The next City Council meeting is scheduled for Tuesday, May 2, 2023.
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RESOLUTION
[To Grant a Lounge Retail Liquor - Class II (Package) License for Tigers Pride Market, Inc.
d/b/a Lions Pride 113.]
{Sponsored By: Council President Boone}
WHEREAS, Tigers Pride Market, Inc. d/b/a Lions Pride 113 has applied for a Lounge
Retail Liquor — Class II (Package) License for a business located at 1405 South Memorial
Drive, Prattville, Alabama, 36067; and
WHEREAS, a Public Hearing was set by Resolution Book 2023, Page 049, and held at
6:00 p.m. on April 18, 2023, and that at such time and place all persons who desired had an
opportunity to be heard in favor of or in opposition to such resolution.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Prattville
hereby approves the issuance of a Lounge Retail Liquor— Class II (Package) License to Tigers
Pride Market, Inc. d/b/a Lions Pride 113, for the business located at 1405 South Memorial
Drive, Prattville, Alabama, 36067.
ADOPTED THIS 18TH DAY OF APRIL, 2023.
By: Lora Lee Boone, President
Prattville City Council
AUTHENTICATED THIS 18TH DAY OF APRIL, 2023.
By: Paula G. Barlow
City Clerk
APPROVED:
By: Bill Gillespie, Jr.
Mayor
RESOLUTION BOOK 2023, PAGE _
I ORDINANCE
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3 [To Establish City of Prattville Code of Ordinances, Chapter 62 — Traffic and Vehicles, Article
4 V. — Street Carts, Sections 62-150 through 62-153 that Provides for the Regulation and Use
5 of Street Carts Upon Certain Streets Within the Corporate Limits of the City of Prattville.]
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7 {Sponsored By: Council President Pro Tempore Strichik)
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9 WHEREAS, the use of Golf Carts, Street Carts and other non-standard motorized
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11 vehicles has dramatically increased in recent years; and
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13 WHEREAS, Golf Carts are generally prohibited from use on any public street pursuant
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15 to Opinion of the Attorney General 2008 - 051; and
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17 WHEREAS, pursuant to §11-47-1 Code of Alabama, 1975, as amended, the City
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19 is authorized to pass ordinances in order to provide for the health, safety, and welfare of its
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21 citizens; and
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23 WHEREAS, the health, safety, and welfare of its citizens require the City of Prattville
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25 ("City") to provide for regulations of Street Carts on and about City streets within the Corporate
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27 Limits of the City.
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29 BE IT ORDAINED by the City Council of the City of Prattville, that the following City of
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31 Prattville Code of Ordinances is hereby adopted as follows:
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33 Chapter 62 — Traffic and Vehicles.
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35 Article V. — Street Carts.
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37 Sec. 62-150. — Definitions.
38 As used in this ordinance, the terms have the following meanings:
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40 "City Street" means any public street that is maintained by the City the speed limit of which is
41 set at twenty-five (25) miles per hour or less.
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43 "Golf Cart" means any vehicle that is self-propelled and not certified by the manufacturer for
44 use on streets and highways that is not already defined in §32-1-1.1 of the Code of Alabama,
45 1975, as amended.
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47 "Low -Speed Vehicle" means a four -wheeled motor vehicle whose maximum speed is
48 between twenty (20) miles per hour and twenty-five (25) miles per hour.
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50 "Government or Municipal Service Cart" means a city or other governmental entity operated
51 cart or other city motorized equipment or vehicle when in service for the provision of public or
52 school safety or public or school maintenance services.
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54 "Street Cart" means any Golf Cart or vehicle that is certified by the manufacturer for use on
55 streets and highways and meets all equipment requirements as stated in Article 9 of Title 32
56 of the Code of Alabama, 1975, as amended. A "Low -Speed Vehicle" as defined may be
57 considered a "Street Cart" provided it meets this definition. Any "Street Cart" must display a
58 license tag or license plate issued by the State of Alabama pursuant to §40-12-240 et seq. of
59 the Code of Alabama, 1975, as amended, and required by §32-6-51 of the Code of Alabama,
60 1975, as amended.
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62 Sec. 62.151. — Street Cart Operation.
63 A. The City affirmatively declares any Golf Carts not designed or manufactured for operation
64 on public streets are prohibited from operating thereon.
I B. Manufacturers, however, have designed and manufactured certain Street Carts that meet
2 all equipment requirements as provided in Article 9 of Title 32 of the Code of Alabama, 1975,
3 as amended. Any Street Cart operating within the Corporate Limits of the City shall have a
4 valid tag issued by the state Department of Revenue or its county or local tag office. Further,
5 the operation of Street Carts is a privilege.
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7 C. By permitting the operation of Street Carts, the City does not make any determination or
s representation that operating these type carts are safe or may be safely operated upon the
9 City streets. All persons who are operating or riding in Street Carts, do so at their own risk
10 and peril.
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12 Sec. 62-152. — Rules and Regulations.
13 A. No person shall operate a Golf Cart or Street Cart within the municipality except as
14 provided in this Ordinance.
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16 B. Street Carts may only be operated upon a City street. Street Carts are prohibited from
17 operating upon any other street or public roadway; provided, however, they may cross over a
18 public roadway. Street Carts must follow all applicable traffic laws when crossing a public
19 roadway.
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21 C. A Street Cart operator must have a valid driver's license issued by a state or country of
22 origin. The operator shall comply with all "Rules of the Road" as found in Title 32 of the Code
23 of Alabama, 1975, as amended, and all other federal, state, or local laws that are now or may
24 become applicable. Furthermore, a Street Cart operator shall operate the Street Cart in a
25 prudent and safe manner at all times.
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27 D. Street Carts shall not be operated upon any public sidewalk or bicycle path.
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29 E. Street Carts must have a valid tag and registration issued by the state Department of
30 Revenue or its county or local office.
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32 F. The driver of a Street Cart shall not park the cart in any designated handicapped parking
33 space unless the Street Cart has the required handicap decal as ordinarily required for all
34 motor vehicles.
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36 G. The driver of a Street Cart shall maintain and provide, upon registration and request, a
37 copy of a valid insurance card or certificate as required by the Mandatory Automobile Liability
38 Insurance Act codified in Chapter 7 A of Title 32 of the Code of Alabama, 1975, as amended,
39 the minimum limits of which shall be those minimum requirements established in the
40 Mandatory Automobile Liability Insurance Act.
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42 H. The driver of a Street Cart shall ensure that all passengers are safely and securely in the
43 Street Cart and are wearing seat belts including compliance with any child restraint laws.
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45 I. While driving or operating a Street Cart, a driver shall not use or otherwise physically hold a
46 cellular device of any kind.
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48 Sec. 62-153. — Violation.
49 A. The operation of a Golf Cart or Street Cart, except as authorized herein, shall be a
50 violation of this Ordinance.
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52 B. Upon conviction, a person shall be guilty of a violation against the City and subject to
53 punishment as provided in Chapter 42, Section 42-3 of the City of Prattville Code of
54 Ordinances.
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56 C. Any sworn law enforcement officer employed by the City of Prattville Police Department
57 shall be responsible for the enforcement of this Ordinance. Officers are authorized to utilize a
58 uniform traffic ticket and citation ("UTTC") form to cite a violation under this Ordinance where
59 appropriate.
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61 D. Upon stopping or otherwise encountering a cart or vehicle not authorized under this
62 Ordinance, an officer may, in his or her absolute and sole discretion, seize and impound the
63 cart or vehicle, which shall be impounded by the City's towing and storage vendor. The owner
64 of the unauthorized cart or vehicle shall be required to provide the following:
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1. a valid government -issued photo identification of the owner; and
2. a bill of sale showing the owner(s) name; and
3. pay all required towing and storage fees to the vendor.
E. Nothing contained within this Ordinance shall apply to a Municipal Service Cart or any
other government -authorized cart or vehicle.
THIS Ordinance shall become effective upon its passage and execution as provided by
law. Each of the provisions of this Ordinance are severable; and if any provision shall be
declared to be invalid, the remaining provisions shall not be affected but shall remain in full
force.
ADOPTED THIS 18TH DAY OF APRIL, 2023.
By: Lora Lee Boone, President
Prattville City Council
AUTHENTICATED THIS 18T" DAY OF APRIL, 2023.
By: Paula G. Barlow
City Clerk
APPROVED:
By: Bill Gillespie, Jr.
Mayor
ORDINANCE BOOK 2023, PAGE
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RESOLUTION
[To Authorize the Release of Funds to Purchase Certain Real Property Located at 550 and
689 Doster Road for the Sanitation Department at a Total Cost of $49,000.00, Plus Closing
Costs.]
{Sponsored By: Councilor Chambers}
WHEREAS, the City of Prattville Sanitation Department has identified a need for more
parking areas for employees; and
WHEREAS, there is an opportunity to purchase real property on Doster Road that
satisfies this need; and
WHEREAS, said proposed real property can also be utilized for overflow parking for
events held at Stanley Jensen Stadium when not in use by employees; and
WHEREAS, said property containing 0.74 acres, more or less, is more specifically
described as 550 and 689 Doster Road; and
WHEREAS, said property is owned by Harper Lumber, L.L.C.; and
WHEREAS, Harper Lumber, L.L.C. has agreed to convey said real property to the City
of Prattville at a cost not to exceed $49,000.00, plus closing costs.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Prattville,
that funds in an amount not to exceed $49,000.00, plus closing costs, are hereby authorized
and approved to be paid to Harper Lumber, L.L.C. for the purchase of said real property, and
said funds are approved and appropriated from FY2023 Budget Line Item Sanitation
Enterprise Fund/ Capital Outlay.
BE IT FURTHER RESOLVED that the Mayor is hereby authorized to execute any and
all documents necessary to carry out the intent of this Resolution.
ADOPTED THIS 18TH DAY OF APRIL, 2023.
By: Lora Lee Boone, President
Prattville City Council
AUTHENTICATED THIS 18TH DAY OF APRIL, 2023.
By: Paula G. Barlow
City Clerk
APPROVED:
By: Bill Gillespie, Jr.
Mayor
RESOLUTION BOOK 2023, PAGE
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RESOLUTION
[To Grant a Retail Beer (Off Premises Only) License to BLUE JACK 22 INC d/b/a Shell.]
{Sponsored By: Council President Pro Tempore Strichik}
WHEREAS, BLUE JACK 22 INC d/b/a Shell has obtained a business located at 2591
Cobbs Ford Road, Prattville, Alabama 36066, which is a convenience store and gas station;
and
WHEREAS, said business has applied for a Retail Beer (Off Premises Only) license.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Prattville
hereby approves the issuance of a Retail Beer (Off Premises Only) license at the business
located at 2591 Cobbs Ford Road, Prattville, Alabama 36066, to BLUE JACK 22 INC d/b/a
Shell.
ADOPTED THIS 18TH DAY OF APRIL, 2023.
By: Lora Lee Boone, President
Prattville City Council
AUTHENTICATED THIS 18TH DAY OF APRIL, 2023.
By: Paula G. Barlow
City Clerk
APPROVED:
By: Bill Gillespie, Jr.
Mayor
RESOLUTION BOOK 2023, PAGE
ORDINANCE
3 [To Exempt Certain "Covered Items" From the Municipal Sales and Use Tax During the Third
4 Full Weekend of July 2023, as Authorized by §40-23-210 through §40-23-213, Code of
5 Alabama, 1975, as Amended, Generally Referred to as the "Back -to -School Sales Tax
6 Holiday" Legislation.]
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{Sponsored By: Councilor Chambers}
BE IT ORDAINED by the City Council of the City of Prattville, Alabama, as follows:
Section 1. In conformity with the provisions of §40-23-210 through §40-23-213, Code of
Alabama, 1975, as amended, providing for a State Sales Tax Holiday, the City of Prattville,
Alabama, exempts 'covered items" from municipal sales and use tax during the same period,
beginning at 12:01 a.m. on the third Friday in July (July 21, 2023) and ending at twelve midnight
the following Sunday (July 23, 2023).
Section 2. This Ordinance shall be subject to all terms, conditions, definitions, time periods
and rules as provided by §40-23-210 through §40-23-213, Code of Alabama, 1975, as
amended, except that the time period shall only be as specified in Section 1 above and not for
all years thereafter.
Section 3. The City Clerk is hereby authorized and directed to certify a copy of this Ordinance
under the seal of the City of Prattville, Alabama, and to forward said certified copy to the
Alabama Department of Revenue to be recorded and posted on the department website.
THIS Ordinance shall become effective upon its passage and publication as required by
law.
ADOPTED THIS 18T" DAY OF APRIL, 2023.
By: Lora Lee Boone, President
Prattville City Council
AUTHENTICATED THIS 18TH DAY OF APRIL, 2023.
By: Paula G. Barlow
City Clerk
APPROVED:
By: Bill Gillespie, Jr.
Mayor
ORDINANCE BOOK 2023, PAGE
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RESOLUTION
[To Grant a Retail Beer (Off Premises Only) and Retail Table Wine (Off Premises Only)
License to BLACK JACK 22 INC d/b/a Kwik Shop.]
{Sponsored By: Council President Pro Tempore Strichik}
WHEREAS, BLACK JACK 22 INC d/b/a Kwik Shop has obtained a business located
at 1679 East Main Street, Prattville, Alabama 36066, which is a convenience store and gas
station; and
WHEREAS, said business has applied for a Retail Beer (Off Premises Only) and Retail
Table Wine (Off Premises Only) license.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Prattville
hereby approves the issuance of a Retail Beer (Off Premises Only) and Retail Table Wine (Off
Premises Only) license at the business located at 1679 East Main Street, Prattville, Alabama
36066, to BLACK JACK 22 INC d/b/a Kwik Shop.
ADOPTED THIS 18TH DAY OF APRIL, 2023.
By: Lora Lee Boone, President
Prattville City Council
AUTHENTICATED THIS 18TH DAY OF APRIL, 2023.
By: Paula G. Barlow
City Clerk
APPROVED:
By: Bill Gillespie, Jr.
Mayor
RESOLUTION BOOK 2023, PAGE
1 RESOLUTION
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3 [To Declare the Dilapidated Structure at 339 West 4th Street to Be Unsafe and a Public
4 Nuisance.]
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6 {Sponsored By: Council President Pro Tempore Strichik}
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8 WHEREAS, under the authority of Title 11, Chapter 53B, Code of Alabama, 1975, as
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10 amended, on January 26, 2023, the City of Prattville Chief Building Official declared the
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12 dilapidated structure at 339 West 4th Street (Tax Parcel 19 03 08 3 007 006.000) to be an
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14 unsafe structure; and
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16 WHEREAS, on February 14, 2023, the City of Prattville Code Enforcement Officer sent
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18 notice ordering the repair or demolition of the dilapidated structure at 339 West 4th Street within
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20 45 days of said notice; and
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22 WHEREAS, said notice was delivered by certified mail in accordance with §11-5313-3,
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24 Code of Alabama, 1975, as amended; and
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26 WHEREAS, Title 11, Chapter 53B allows the property owner or other interested parties
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28 to file an appeal within thirty (30) days of the date of notice with the City Clerk requesting a
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30 hearing before the City Council; and
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32 WHEREAS, no hearing was requested within thirty (30) days of the date of notice; and
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34 WHEREAS, §11-5313 4, Code of Alabama, 1975, as amended, authorizes the City
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36 Council of the City of Prattville to determine whether or not the building or structure is unsafe
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38 to the extent that it is a public nuisance; and
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40 WHEREAS, no repairs have been made to the dilapidated structure located at 339 West
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42 4th Street, and the structure remains unsafe and a public nuisance.
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44 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Prattville, that
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46 the dilapidated structure located at 339 West 01 Street continues to be unsafe and a public
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48 nuisance that must be repaired or demolished.
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50 BE IT FURTHER RESOLVED that the City Council instructs the Code Enforcement
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52 Officer to provide a report of the cost to repair or demolish the dilapidated structure located at
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54 339 West 4th Street to the City Council.
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56 ADOPTED THIS 18T" DAY OF APRIL, 2023.
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59 _
60 By: Lora Lee Boone, President
61 Prattville City Council
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1 AUTHENTICATED THIS 18TH DAY OF APRIL. 2023.
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5 By: Paula G. Barlow
6 City Clerk
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8 APPROVED:
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12 By: Bill Gillespie, Jr
13 Mayor
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64 RESOLUTION BOOK 2023, PAGE