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DRAFT CC Packet 2024.07.16 AGENDA PRATTVILLE CITY COUNCIL TUESDAY, JULY 16, 2024 A PLEDGE OF ALLEGIANCE TO THE AMERICAN FLAG: INVOCATION: CALL TO ORDER: THE CHARACTER TRAIT OF THE MONTH IS PATIENCE: Taking the time necessary to work through a difficult situation. APPROVAL OF MINUTES: Public Hearing and City Council Meeting July 2, 2024 COMMENTS FROM PERSONS PRESENT REGARDING TONIGHT’S AGENDA: MAYOR’S REPORT: REPORT FROM COUNCIL ON SPECIAL COMMITTEES: REPORT ON THE STATUS OF CITY FINANCES: CONSENT AGENDA 1. RESOLUTION: To Authorize the Mayor to have Overgrown Grass and Weeds at 1308 Dorchester Drive, 300 Angela Street, 279 Gardner Road, and 1665 Buena Vista Boulevard Abated and Charge Any Incurred Expenses for the Abatement Process Pursuant to Chapter 46 et seq., City of Prattville Code of Ordinances. {Sponsored By: Council President Pro Tempore Strichik} 2. RESOLUTION: To Re-Appoint John Paul Dodd II to the City of Prattville Airport Authority. {Sponsored By: Councilor Jackson} 3. RESOLUTION: To Re-Appoint William Sanford to the City of Prattville Airport Authority. {Sponsored By: Councilor Jackson} 4. RESOLUTION: To Re-Appoint Rex J. Trammell to the Prattville Solid Waste Disposal Authority. {Sponsored By: Councilor Chambers} 5. RESOLUTION: To Authorize the City Attorney to File “Weed Liens” on Certain Properties. {Sponsored By: Councilor Chambers} 6. RESOLUTION: To Declare the Dilapidated Structure at 103 7th Street to Be Unsafe and a Public Nuisance. {Sponsored By: Councilor Chambers} 7. RESOLUTION: To Declare the Garbage and Rubbish at 403 Azalea Drive a Public Nuisance and Authorize the Mayor to Abate and Charge Any Incurred Expenses Pursuant to Chapter 46 et seq., City of Prattville Code of Ordinances. {Sponsored By: Councilor Chambers} 8. RESOLUTION: To Authorize the City Attorney to Affix the Cost for the Removal of Garbage and Rubbish at 156 Durden Road. {Sponsored By: Council President Pro Tempore Strichik} 9. RESOLUTION: To Authorize Demolition and Removal of the Dilapidated Residential Structure Located at 116 7th Street and Award a Contract to Grier Services, Incorporated at a Cost Not to Exceed $7,800.00. {Sponsored By: Council President Pro Tempore Strichik} AGENDA 1. ORDINANCE: To Repeal Chapter 22 Article II. Emergency Preparedness, and all its Amendments and Replace it with Chapter 22 - Article I. - Emergency Management: Civil Defense; Disaster and Emergency Preparedness 22-1 through 22-19, Inclusive. {Sponsored By: Councilor Chambers} FIRST INTRODUCED 7.2.2024 2. RESOLUTION: To Amend the Budget and Authorize the City of Prattville to Enter into a Preliminary Engineering and Construction Agreement with the State of Alabama, Acting by and through the Alabama Department of Transportation (ALDOT), for ALDOT Project No. STPMN- 0124( ); CPMS Ref# 100077721 & 100077717, for the Resurfacing and Traffic Striping on Gardner Road from Upper Kingston Road from Martin Luther King Jr. Drive at a Total Cost Not to Exceed $543,553.00 (Net Cost to City Not to Exceed $108,710.60). {Sponsored By: Councilor Jackson} 3. RESOLUTION: To Amend the Budget and Authorize the City of Prattville to Enter into a Construction Agreement with the State of Alabama, Acting by and through the Alabama Department of Transportation (ALDOT), for Project No. CRPMN-0124 ( ); CPMS Ref# 100078687, for the Pedestrian Sidewalk Extension Project – Phase II: East Main Street from Shady Oak Lane to Geneva Street at a Total Cost Not to Exceed $467,043.60 (Net Cost to City Not to Exceed $93,408.60). {Sponsored By: Councilor Merrick} 4. RESOLUTION: To Set a Public Hearing to Rezone Property Located Inside the Corporate Limits at 1241 Upper Kingston Drive from R-2 (Single Family Residential) and FAR (Forest, Agriculture, Recreation) to FAR (Petitioner: Russ and Jessica Sanders). {Sponsored By: Councilor Jackson} 5. RESOLUTION: To Declare the Dilapidated Structure at 106 7th Street to Be Unsafe and a Public Nuisance. {Sponsored By: Councilor Chambers} 6. RESOLUTION: To Authorize the Condemnation Proceedings for Certain Right-of-Way (ROW) Properties in Regards to the Widening of McQueen Smith Road, Project STPOA-7812 (600). {Sponsored By: Councilor Jackson} COMMENTS FROM PERSONS PRESENT: CLOSING COMMENTS: ADJOURN: The next City Council meeting is scheduled for Tuesday, August 6, 2024. RESOLUTION 1 2 [To Authorize the Mayor to have Overgrown Grass and Weeds at 1308 Dorchester Drive, 300 3 Angela Street, 279 Gardner Road, and 1665 Buena Vista Boulevard Abated and Charge Any 4 Incurred Expenses for the Abatement Process Pursuant to Chapter 46 et seq., City of 5 Prattville Code of Ordinances.] 6 7 {Sponsored By: Council President Pro Tempore Strichik} 8 9 WHEREAS, the City Council of the City of Prattville declared in Resolution Book 2024- 10 11 A, Page 139, on June 18, 2024, that the abundance of overgrown grass and weeds 1308 12 13 Dorchester Drive, 300 Angela Street, 279 Gardner Road, and 1665 Buena Vista Boulevard 14 15 constituted a public nuisance and set a Public Hearing on said nuisance; and 16 17 WHEREAS, the Autauga and Elmore County tax records list the property owners as 18 19 follows: 20 21 • 1308 Dorchester Drive – Young Kevin A with an address of 1308 Dorchester Drive, 22 Prattville, 36067, to Parcel Number 10 09 32 1 000 007.081; and 23 • 300 Angela Street – Culpepper Deborah S & Stephen A with an address of 300 Angela 24 Street, Prattville, AL 36066, to Parcel number 26 09 30 0 002 009.000; and 25 • 279 Gardner Road - Colindres Yesser Jonathan Rosales & Mendoza Rosalia Marisela 26 Henriquez, with an address of 8 Mossey Lane, Millbrook, AL 36054, to Parcel Number 27 19 03 05 1 000 004.000; and 28 • 1665 Buena Vista Boulevard – Eastman David Edward with an address of 1665 Buena 29 Vista Boulevard, Prattville, AL 36067, to Parcel Number 19 08 27 2 000 002.164. 30 31 WHEREAS, notice was provided to correct, remedy or remove the overgrown grass and 32 33 weeds; and 34 35 WHEREAS, the owners of said properties have failed and/or refused to correct, remedy 36 37 or remove said nuisance by the expiration of said notice; and 38 39 WHEREAS, the owners of said properties did not file written objections with the City 40 41 Clerk’s Office within the time prescribed by City of Prattville Code of Ordinances, Section 46- 42 43 114 (c); and 44 45 WHEREAS, the City Council held the required Public Hearing at 6:00 p.m. on July 16, 46 47 2024, permitting the owners of said properties to present evidence, objections and protest 48 49 regarding said nuisance; and 50 51 WHEREAS, Chapter 46 et seq., City of Prattville Code of Ordinances, authorizes the 52 53 City to do such work or make such improvements that are necessary to correct, remedy or 54 55 remove such condition, pay therefore and charge any expenses incurred for the abatement 56 57 process to the owners of such properties. 58 59 NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Prattville 60 61 declares that the overgrown grass and weeds at said properties continued to be a public 62 63 nuisance at the expiration of the notice of violation. 64 BE IT FURTHER RESOLVED that the Mayor shall have the overgrown grass and weeds 1 2 at said properties removed using City forces or private contractors. The property owners shall 3 4 have the right to remove said nuisance at their expense provided that the removal is done prior 5 6 to the commencement of work by employees or agents of the City of Prattville; however, this 7 8 does not abolish incurred fines and expenses. 9 10 BE IT FURTHER RESOLVED the Mayor shall keep an accounting of all costs related 11 12 to this request and report such costs to the City Council following its abatement. 13 14 ADOPTED THIS 16TH DAY OF JULY, 2024. 15 16 17 ________________________________ 18 By: Lora Lee Boone, President 19 Prattville City Council 20 21 AUTHENTICATED THIS 16TH DAY OF JULY, 2024. 22 23 24 ________________________________ 25 By: Paula G. Barlow 26 City Clerk 27 28 APPROVED: 29 30 31 ________________________________ 32 By: Bill Gillespie, Jr. 33 Mayor 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 RESOLUTION BOOK 2024-A, PAGE 64 RESOLUTION 1 2 [To Re-Appoint John Paul Dodd II to the City of Prattville Airport Authority.] 3 4 {Sponsored By: Councilor Jackson} 5 6 WHEREAS, John Paul Dodd II’s term on the City of Prattville Airport Authority expired 7 8 on June 16, 2024; and 9 10 WHEREAS, it is the desire of the City Council of the City of Prattville to ensure the 11 12 continuity of the Board’s operation. 13 14 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Prattville that 15 16 John Paul Dodd II is hereby re-appointed to the Prattville Airport Authority effective 17 18 immediately, and said term shall expire on June 16, 2030, or until a successor is duly qualified 19 20 and appointed. 21 22 ADOPTED THIS 16TH DAY OF JULY, 2024. 23 24 25 26 By: Lora Lee Boone, President 27 Prattville City Council 28 29 AUTHENTICATED THIS THIS 16TH DAY OF JULY, 2024. 30 31 32 33 By: Paula G. Barlow 34 City Clerk 35 36 APPROVED: 37 38 39 40 By: Bill Gillespie, Jr. 41 Mayor 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 RESOLUTION BOOK 2024-A, PAGE ___ 64 RESOLUTION 1 2 [To Re-Appoint William Sanford to the City of Prattville Airport Authority.] 3 4 {Sponsored By: Councilor Jackson} 5 6 WHEREAS, William Sanford’s term on the City of Prattville Airport Authority expired on 7 8 June 16, 2024; and 9 10 WHEREAS, it is the desire of the City Council of the City of Prattville to ensure the 11 12 continuity of the Board’s operation. 13 14 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Prattville that 15 16 William Sanford is hereby re-appointed to the Prattville Airport Authority effective immediately, 17 18 and said term shall expire on June 16, 2030, or until a successor is duly qualified and 19 20 appointed. 21 22 ADOPTED THIS 16TH DAY OF JULY, 2024. 23 24 25 26 By: Lora Lee Boone, President 27 Prattville City Council 28 29 AUTHENTICATED THIS THIS 16TH DAY OF JULY, 2024. 30 31 32 33 By: Paula G. Barlow 34 City Clerk 35 36 APPROVED: 37 38 39 40 By: Bill Gillespie, Jr. 41 Mayor 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 RESOLUTION BOOK 2024-A, PAGE ___ 64 RESOLUTION 1 2 [To Re-Appoint Rex J. Trammell to the Prattville Solid Waste Disposal Authority.] 3 4 {Sponsored By: Councilor Chambers} 5 6 WHEREAS, Rex J. Trammell’s term on the Prattville Solid Waste Disposal Authority 7 8 expired on July 15, 2024; and 9 10 WHEREAS, it is the desire of the City Council of the City of Prattville to ensure the 11 12 continuity of the Board’s operation. 13 14 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Prattville, that 15 16 Rex J. Trammell is hereby re-appointed to the Prattville Solid Waste Disposal Authority 17 18 effective immediately, and said term shall expire on July 15, 2028, or until a successor is duly 19 20 qualified and appointed. 21 22 ADOPTED THIS 16TH DAY OF JULY, 2024. 23 24 25 26 By: Lora Lee Boone, President 27 Prattville City Council 28 29 AUTHENTICATED THIS THIS 16TH DAY OF JULY, 2024. 30 31 32 33 By: Paula G. Barlow 34 City Clerk 35 36 APPROVED: 37 38 39 40 By: Bill Gillespie, Jr. 41 Mayor 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 RESOLUTION BOOK 2024-A, PAGE ___ 64 RESOLUTION 1 2 [To Authorize the City Attorney to File “Weed Liens” on Certain Properties.] 3 4 {Sponsored By: Councilor Chambers} 5 6 WHEREAS, §11-67-60 through §11-67-67, Code of Alabama, 1975, as amended, 7 8 details the process for declaring certain weeded lots a public nuisance, ordering their 9 10 abatement and assessing the costs of abatement; and 11 12 WHEREAS, the City Council of the City of Prattville finds that: 13 14 1. the Prattville Police Department Code Enforcement Officer identified several lots as 15 being a public nuisance due to an abundance of overgrown grass and weeds; and 16 2. the owners of various weeded lots were properly notified of the public nuisance as 17 required by §11-67-62, Code of Alabama, 1975, as amended; and 18 3. public hearings concerning the lots were conducted as required by §11-67-63, Code of 19 Alabama, 1975, as amended; and 20 4. the City Council adopted resolutions authorizing the Mayor to abate the public nuisances. 21 22 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Prattville, that 23 24 the costs of abating these nuisances as listed in “Attachment A” are hereby adopted and 25 26 incorporated herein and the costs thereof shall be assessed against the respective parcels of 27 28 property. 29 30 BE IT FURTHER RESOLVED that the City Attorney shall file said liens with the Revenue 31 32 Commissioner of Autauga County under the “Optional Method of Taxation” pursuant to Article 33 34 1, Division 2, Chapter 51 of Title 11 of the Code of Alabama, 1975, as amended. 35 36 ADOPTED THIS 16TH DAY OF JULY, 2024. 37 38 39 40 By: Lora Lee Boone, President 41 Prattville City Council 42 43 AUTHENTICATED THIS THIS 16TH DAY OF JULY, 2024. 44 45 46 47 By: Paula G. Barlow 48 City Clerk 49 50 APPROVED: 51 52 53 54 By: Bill Gillespie, Jr. 55 Mayor 56 57 58 59 60 61 62 63 RESOLUTION BOOK 2024-A, PAGE ___ 64 RESOLUTION 1 2 [To Declare the Dilapidated Structure at 103 7th Street to Be Unsafe and a Public Nuisance.] 3 4 {Sponsored By: Councilor Chambers} 5 6 WHEREAS, under the authority of Title 11, Chapter 53B, Code of Alabama, 1975, as 7 8 amended, on May 9, 2024, the City of Prattville Chief Building Official declared the dilapidated 9 10 structure at 103 7th Street, Parcel No. 19 03 08 4 002 004.00, to be an unsafe structure; and 11 12 WHEREAS, on May 9, 2024, the City of Prattville Code Enforcement Officer sent 13 14 notice ordering the repair or demolition of the dilapidated structure at 103 7th Street within 45 15 16 days of said notice; and 17 18 WHEREAS, said notice was delivered by certified mail in accordance with §11-53B-3, 19 20 Code of Alabama, 1975, as amended; and 21 22 WHEREAS, Title 11, Chapter 53B allows the property owner or other interested parties 23 24 to file a written appeal within thirty (30) days of the date of notice with the City Clerk requesting 25 26 a hearing before the City Council of the City of Prattville; and 27 28 WHEREAS, no written request for a hearing was received within thirty (30) days of the 29 30 date of the notice; and 31 32 WHEREAS, §11-53B-4, Code of Alabama, 1975, as amended, authorizes the City 33 34 Council to determine whether or not the building or structure is unsafe to the extent that it is a 35 36 public nuisance; and 37 38 WHEREAS, no repairs have been made to the dilapidated structure located at 103 7th 39 40 Street by the expiration of the notice, and the structure remains unsafe and a public nuisance. 41 42 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Prattville that 43 44 the dilapidated structure located at 103 7th Street continues to be unsafe and a public nuisance 45 46 that must be repaired or demolished. 47 48 BE IT FURTHER RESOLVED that the City Council instructs the Code Enforcement 49 50 Officer to provide a report of the cost to repair or demolish the dilapidated structure located at 51 52 103 7th Street to the City Council. 53 54 ADOPTED THIS 16TH DAY OF JULY, 2024. 55 56 57 58 By: Lora Lee Boone, President 59 Prattville City Council 60 61 62 63 64 AUTHENTICATED THIS THIS 16TH DAY OF JULY, 2024. 1 2 3 4 By: Paula G. Barlow 5 City Clerk 6 7 APPROVED: 8 9 10 11 By: Bill Gillespie, Jr. 12 Mayor 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 RESOLUTION BOOK 2024-A, PAGE ___ 64 RESOLUTION 1 2 [To Declare the Garbage and Rubbish at 403 Azalea Drive a Public Nuisance and Authorize 3 the Mayor to Abate and Charge Any Incurred Expenses Pursuant to Chapter 46 et seq., City 4 of Prattville Code of Ordinances.] 5 6 {Sponsored By: Councilor Chambers} 7 8 WHEREAS, keeping garbage and rubbish: 9 10 1. is injurious to the public health, safety and general welfare of the community by providing a 11 breeding ground and shelter for rats, mice, snakes, and other vermin; 12 2. may inflict injury on a person going to such property; 13 3. may also pose a fire and environmental hazard; and 14 15 WHEREAS, the Prattville Police Department Code Enforcement Officer has inspected 16 17 the property and determined the existence of garbage and rubbish at 403 Azalea Drive; and 18 19 WHEREAS, the Autauga County tax records list the property owner as Dobbins Vicki & 20 21 Charles, with an address of 403 Azalea Drive, Prattville, AL 36067, to Parcel Number 19 02 04 22 23 4 013 002.000; and 24 25 WHEREAS, in compliance with Section 46-31, City of Prattville Code of Ordinances, the 26 27 Code Enforcement Officer gave written notice to the owner of said property on June 17, 2024, 28 29 to correct, remedy or remove the condition of garbage and rubbish within ten (10) days; and 30 31 WHEREAS, the owner of said property has failed and/or refused to correct, remedy or 32 33 remove said condition by the expiration of said notice; and 34 35 WHEREAS, Chapter 46 et seq., City of Prattville Code of Ordinances, permits the City 36 37 Council to declare the keeping of garbage and rubbish to be a public nuisance and authorizes 38 39 the City to do such work or make such improvements that are necessary to correct, remedy or 40 41 remove such condition, pay therefore and charge the expenses incurred for the abatement 42 43 process to the owner of such property. 44 45 NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Prattville 46 47 declares that the garbage and rubbish at 403 Azalea Drive continued to be a public nuisance 48 49 at the expiration of the notice of violation. 50 51 BE IT FURTHER RESOLVED that the Mayor shall have the garbage and rubbish at 52 53 said property removed using City forces or private contractors. The property owner shall have 54 55 the right to remove said nuisance at their expense provided that the removal is done prior to 56 57 the commencement of work by employees or agents of the City of Prattville; however, this does 58 59 not abolish incurred expenses. 60 61 BE IT FURTHER RESOLVED the Mayor shall keep an accounting of all costs related 62 63 to this request and report such costs to the City Council following its abatement. 64 ADOPTED THIS 16TH DAY OF JULY, 2024. 1 2 3 4 By: Lora Lee Boone, President 5 Prattville City Council 6 7 8 9 AUTHENTICATED THIS 16TH DAY OF JULY, 2024. 10 11 12 13 By: Paula G. Barlow 14 City Clerk 15 16 APPROVED: 17 18 19 20 By: Bill Gillespie, Jr. 21 Mayor 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 RESOLUTION BOOK 2024-A, PAGE ___ 64 RESOLUTION 1 2 [To Authorize the City Attorney to Affix the Cost for the Removal of Garbage and Rubbish at 3 156 Durden Road.] 4 5 {Sponsored By: Council President Pro Tempore Strichik} 6 7 WHEREAS, § 6-5-122 et Seq., of the Code of Alabama, 1975, as amended, permits the 8 9 City Council of the City of Prattville to declare a public nuisance and have the violation resolved; 10 11 and 12 13 WHEREAS, in Resolution Book 2024, Page 030, on February 20, 2024, the City Council 14 15 of the City of Prattville declared garbage and rubbish and the abundance of overgrown grass 16 17 and weeds at 156 Durden Road continued to be a public nuisance; and 18 19 WHEREAS, the Autauga County tax records list the property owner as Flora-Bama 20 21 Home Solutions Inc, with an address of 393 W 4th Street Prattville, AL 36067, to Parcel Number 22 23 19 03 08 2 003 003.000; and 24 25 WHEREAS, in compliance with Section 46-31, City of Prattville Code of Ordinances, the 26 27 Code Enforcement Officer gave written notice to the owner of said property on January 31, 28 29 2024, to correct, remedy or remove the conditions of garbage and rubbish within ten (10) days; 30 31 and 32 33 WHEREAS, the owner/operator of said property failed and/or refused to correct, remedy 34 35 or remove said nuisance conditions by the expiration of said notice; and 36 37 WHEREAS, Section 46-32 of the City of Prattville Code of Ordinances authorizes the 38 39 City to do such work or make such improvements that are necessary to correct, remedy or 40 41 remove such condition, pay therefore and charge the expenses incurred to the owner/operator 42 43 of such property to the fullest extent authorized by law. 44 45 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Prattville that 46 47 the cost totaling $1,130.00 for the removal of garbage and rubbish at 156 Durden Road is 48 49 accurate and shall be established as a lien against the property. 50 51 BE IT FURTHER RESOLVED that the City Attorney is authorized to file any actions 52 53 necessary to recover costs of said removal. 54 55 ADOPTED THIS 16TH DAY OF JULY, 2024. 56 57 58 59 By: Lora Lee Boone, President 60 Prattville City Council 61 62 63 64 AUTHENTICATED THIS 16TH DAY OF JULY, 2024. 1 2 3 4 By: Paula G. Barlow 5 City Clerk 6 7 APPROVED: 8 9 10 11 By: Bill Gillespie, Jr. 12 Mayor 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 RESOLUTION BOOK 2024-A, PAGE ___ 64 RESOLUTION 1 2 [To Authorize Demolition and Removal of the Dilapidated Residential Structure Located at 3 116 7th Street and Award a Contract to Grier Services, Incorporated at a Cost Not to Exceed 4 $7,800.00.] 5 6 {Sponsored By: Sponsored By: Council President Pro Tempore Strichik } 7 8 WHEREAS, the City of Prattville Building Inspector declared the residential structure at 9 10 116 7th Street to be unsafe and a public nuisance on April 17, 2024, pursuant to §11-53B of the 11 12 Code of Alabama, 1975, as amended; and 13 14 WHEREAS, on April 18, 2024, notice was sent by certified mail to the last known 15 16 property owner(s) and to all parties having interest in the property, ordering the repair or 17 18 demolition of the residential structure at 116 7th Street within 45 days of said notice; and 19 20 WHEREAS, in Resolution Book 2024, Page 138, on June 18, 2024, the City Council 21 22 of the City of Prattville declared the residential structure located at 116 7th Street continued 23 24 to be unsafe and a public nuisance that must be repaired or demolished; and 25 26 WHEREAS, no repairs have been made to the residential structure, and it remains 27 28 unsafe and a public nuisance. 29 30 NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Prattville 31 32 hereby authorizes the Mayor to take whatever steps necessary to remove the unsafe residential 33 34 structure located at 116 7th Street. 35 36 BE IT FURTHER RESOLVED that a contract in an amount not to exceed $7,800.00 is 37 38 awarded to Grier Services, Incorporated for demolition and removal of said residential structure 39 40 located at 116 7th Street, and said funds are hereby approved and appropriated from FY2024 41 42 Budget Line Item Police/ Dilapidated House Demolition. 43 44 BE IT FURTHER RESOLVED that the Mayor is hereby authorized to execute any and 45 46 all documents necessary to carry out the intent of this Resolution. 47 48 ADOPTED THIS 16TH DAY OF JULY, 2024. 49 50 51 52 By: Lora Lee Boone, President 53 Prattville City Council 54 55 AUTHENTICATED THIS 16TH DAY OF JULY, 2024. 56 57 58 59 By: Paula G. Barlow 60 City Clerk 61 62 63 64 APPROVED: 1 2 3 4 By: Bill Gillespie, Jr. 5 Mayor 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 RESOLUTION BOOK 2024-A, PAGE _____ 64 FIRST INTRODUCED 7.2.2024 1 ORDINANCE 2 3 [To Repeal Chapter 22 Article II. Emergency Preparedness, and all its Amendments and 4 Replace it with Chapter 22 - Article I. - Emergency Management: Civil Defense; Disaster and 5 Emergency Preparedness 22-1 through 22-19, Inclusive.] 6 7 {Sponsored By: Councilor Chambers} 8 9 BE IT ORDAINED by the City Council of the City of Prattville that Chapter 22, Article II., 10 11 Emergency Preparedness, City of Prattville Code of Ordinances is hereby repealed. 12 13 BE IT FURTHER ORDAINED by the City Council that Chapter 22, , Article I. 14 15 Emergency Management: Civil Defense; Disaster and Emergency Preparedness, of the City 16 17 of Prattville Code of Ordinances is hereby established as follows: 18 19 Sec. 22-1. Definitions. 20 The following definitions shall apply in the interpretation of this chapter: 21 (1) Emergency Management, in its broad meaning, is to carry out the basic government 22 functions of maintaining the public peace, health, and safety during a disaster, as 23 defined herein. This shall include plans and preparations for protection from, and relief, 24 recovery and rehabilitation from, the effects of an attack upon the City by the forces of 25 an enemy nation or the agents thereof, and it shall also include such activity in 26 connection with disaster as defined herein. It shall not, however, include any activity 27 that is the primary responsibility of the military forces of the United States. 28 (2) Attack shall mean a direct or indirect assault against the City of Prattville, its 29 government, its environs, or of the nation, by the forces of a hostile nation or the 30 agents thereof, including assault by bombing, radiological, chemical or biological 31 warfare, or sabotage. 32 (3) Disaster includes, but is not limited to, actual or threatened enemy attack, sabotage, 33 natural, man-made or technological occurrences, epidemic or other impending or 34 actual calamity endangering or threatening to endanger health, life or property or 35 constituted government. 36 (4) Emergency management forces shall mean the employees, equipment, and facilities 37 of all City departments, boards, institutions and commissions; and, in addition, it 38 shall include all volunteer personnel, equipment, and facilities contributed by, or 39 obtained from, volunteer persons or agencies and any personnel, equipment, and 40 facilities obtained through contract or agreement. 41 (5) Volunteer shall mean contributing a service, equipment or facilities to the emergency 42 management organization without remuneration. 43 (6) Emergency management volunteer shall mean any person duly registered, identified 44 and appointed by the Mayor or his designee. 45 (7) Director shall mean the Mayor or any person designated by the Mayor. 46 (8) Regulations shall include plans, programs and other emergency procedures deemed 47 essential to emergency management. 48 (9) Curfew shall mean a prohibition against any one or more persons walking, running, 49 loitering, standing, motoring, or being present or remaining upon any alley, street, 50 highway, public property, or vacant premises within the City or any portion thereof, 51 except persons officially designated to duty with reference to a disaster or attack. 52 53 Sec. 22-2. Organization. 54 (a) The Mayor of the City is hereby authorized and directed to utilize to the fullest extent the 55 existing agencies within this City to comprise an organization for emergency 56 management, and, as executive head of the municipal government, shall be responsible 57 for their organization, administration and operations. 58 (b) The City's emergency management organization shall consist of the following: 59 (1) The employees, equipment and facilities of all City departments, boards, institutions 60 and commissions. Duties assigned to a City department, board, institution or 61 commission shall be as directed by Mayor. 62 (2) Volunteer persons and agencies offering service to, and accepted by, the City. 63 64 (c) In order that there will always and at all times be an executive head of government in 1 charge of the City, there shall be included in the emergency management operational 2 survival plan a chain of command for succession to the office of Mayor, and this chain of 3 command shall be utilized whenever the Mayor is unavailable or unable to exercise 4 direction and control of City forces in the event of an emergency. 5 6 State law reference(s)—Local organizations, Code of Ala. 1975, § 31-9-10. 7 8 Sec. 22-3. Emergency powers and duties of the Mayor. 9 (a) The Mayor may, in the event of a disaster as defined in this chapter, exercise the 10 emergency power and authority necessary to fulfill his general duties, as defined 11 elsewhere in this Code, or applicable state law. The council may convene to perform its 12 legislative and administrative powers as the situation demands, and shall receive reports 13 relative to emergency management activities. Nothing in this chapter shall be construed 14 as abridging or curtailing the powers or authority of the council as defined elsewhere in 15 this Code, or other appropriate authorities. 16 (b) During any period when disaster threatens or when the City has been struck by disaster, 17 within the definition of this chapter, the Mayor may promulgate such regulations as he 18 deems necessary to protect life and property and preserve critical resources. Such 19 regulations may include, but not be limited to, the following: 20 (1) Regulations prohibiting or restricting the movement of vehicles in order to facilitate 21 the work of emergency management forces, or to facilitate the mass movement of 22 persons from critical areas within or without the City. 23 (2) Regulations pertaining to the movement of persons from areas deemed to be 24 hazardous or vulnerable to disaster. 25 (3) Such other regulations necessary to preserve the public peace, health and safety. 26 (4) Regulations promulgated in accordance with the authority above will be given 27 widespread circulation by proclamations published and uttered by newspaper, City 28 website(s) and radio. 29 (c) The Mayor may order emergency management forces to the aid of other political 30 subdivisions of the state when required, in accordance with the statutes of the state, and 31 he may request the state, or a political subdivision of the state, to send aid to the City in 32 case of disaster when conditions in the City are beyond control of the City, as determined 33 by the Mayor. 34 (d) The Mayor may obtain vital supplies, equipment and other properties found lacking and 35 needed for the protection of health, life and property of the people, and bind the City for 36 the fair value thereof. 37 (e) The Mayor may require emergency services of any City officer or employee. If regular 38 City forces are determined by the Mayor to be inadequate, he may require the services 39 of such other personnel as he can obtain that are available, including citizen volunteers. 40 To the extent provided or allowed by law, all duly authorized persons rendering 41 emergency services shall be entitled to any privileges and immunities as may be 42 provided by state law and City ordinances for regular City employees, and other 43 registered and identified emergency management and disaster workers, and in the case 44 of other than citizen volunteers, may receive appropriate compensation for their 45 emergency employment. 46 (f) The Mayor will cause to be prepared the "Emergency Management Operational Survival 47 Plan" herein referred to. This plan shall provide for the effective utilization of all 48 resources, both public and private, of the City. 49 State law reference(s)—Authority of Mayor to close firearm shops and places of amusement, 50 Code of Ala. 1975, §§ 11-43-82, 11-51-102; authority to appoint director of civil defense, 51 Code of Ala. 1975, § 31-9-10(a). 52 53 Sec. 22-4. Emergency management and disaster plan. 54 (a) As heretofore provided, a comprehensive emergency management and disaster plan 55 may be adopted and maintained by resolution of the council upon the recommendation of 56 the Mayor. In the preparation of this plan as it pertains to City organization, it is the intent 57 that the services, equipment, facilities and personnel of all existing and future 58 departments and agencies shall be utilized to the fullest extent. When approved, it shall 59 be the duty of all municipal departments and agencies to perform the functions assigned 60 them by the plan and to maintain their portion of the plan in a current state of readiness 61 at all times. 62 63 (b) Each department head assigned responsibility in the basic plan will be responsible for 1 carrying out all duties and functions assigned therein. Duties will include the organization 2 and training of assigned City employees. Each department head may formulate an 3 operational plan for his service, which, when approved, shall be an annex to and a part 4 of the basic plan. In addition, each department head shall designate and include as part 5 of his annex a list of at least two (2) persons as successors to his position. The list will be 6 in order of succession and will as nearly as possible designate persons best capable of 7 carrying out all assigned duties and functions. 8 (c) Such changes in the basic plan which may be necessary after its original adoption by the 9 commission board shall be presented by the Mayor to the board and become effective 10 upon approval by the council. 11 (d) When a required competency or skill for a disaster function is not available within the City 12 government, the Mayor is authorized to seek assistance from persons outside City 13 government. When such persons are assigned duties of a supervisory nature, these 14 persons assigned are authorized to carry out these duties prior to, during, and after the 15 occurrence of a disaster. Such services from persons outside City government may be 16 accepted by the City on a volunteer basis. Such citizens shall be enrolled as emergency 17 management volunteers in cooperation with the heads of City departments affected. 18 (e) The emergency management and disaster plan shall be updated at the beginning of 19 each calendar year. 20 21 Sec. 22-5. No municipal or private liability. 22 (a) Neither the City nor its agents and representatives, or, except in cases of willful 23 misconduct, gross negligence, or bad faith, any individual, receiver, firm, partnership, 24 corporation, association, or trustee, or any of the agents thereof, in good faith carrying 25 out, complying with or reasonably attempting to comply with any order, rule or regulation 26 promulgated pursuant to the provisions of this chapter, shall be liable for any damage 27 sustained to persons or property as a result of such activity. The provisions of this 28 Section shall not affect the right of any person to receive benefits to which he would 29 otherwise be entitled under the Workmen's Compensation Law, Pension Law, and Acts 30 of Congress. 31 (b) Any person owning or controlling real estate or other premises who voluntarily and 32 without compensation grants the City the right to inspect, designate and use the whole or 33 any part or parts of such real estate or premises for the purpose of sheltering persons 34 during an actual, impending or practice enemy attack, or disaster as defined in this 35 chapter, shall not be civilly liable for the death of, or injury to, any persons on or about 36 such real estate or premises under such license, privilege or other permission, or for the 37 loss of or damage to the property of such person. 38 39 Sec. 22-6. Violation of regulations. 40 It shall be unlawful for any person, firm or corporation to violate any of the provisions of this 41 chapter, or of the regulations or plans issued pursuant to the authority contained herein, or to 42 willfully obstruct, hinder or delay any member of the emergency management organization as 43 herein defined, in the enforcement of the provisions of this chapter or any regulation or plan 44 issued thereunder. 45 46 Sec. 22-7. Severability. 47 Should any provision of this chapter be declared invalid for any reason, such declaration shall 48 not affect the validity of other provisions, or of this chapter as a whole, it being the legislative 49 intent that the provisions of this chapter shall be severable and remain valid notwithstanding 50 such declaration. 51 52 Sec. 22-8. Penalty. 53 Any person, firm or corporation violating any provision of this chapter, or any rule or 54 regulation promulgated thereunder, upon conviction thereof, shall be punished as set out in 55 Sections 1-8 of the Code of Ordinances. 56 57 Sec. 22-9. Repealer. 58 This chapter shall supersede any and all previous provisions relating to civil defense, and all 59 provisions in conflict with this chapter, or relating to the subject of civil defense, are hereby 60 repealed. 61 62 Sec. 22-10. Reserved. 63 64 Sec. 22-11. Curfew. 1 (a) After an official proclamation of a disaster in writing by the Mayor, or in the event of an 2 attack or impending attack, the Mayor shall have the power and authority to issue a 3 written order of curfew applicable to geographical areas of the City which are or will be 4 impacted by the disaster or attack, or to the City as a whole as he deems advisable. The 5 curfew shall be applicable for a specified period of hours of the day and/or night as he 6 deems necessary in the interest of the public safety and welfare. 7 The curfew shall remain in effect for the time period stated in the order and in no event shall it 8 exceed one hundred twenty (120) hours or the next regularly scheduled City council meeting 9 whichever shall occur first. The City council may extend or terminate any order of curfew by 10 ordinance duly enacted. 11 (b) In the event that the Mayor orders a curfew, it shall be unlawful for any person to violate 12 the curfew order, except for persons who are officially designated to duty with reference 13 to the disaster or attack. 14 (c) This grant of Mayoral power and authority is pursuant to Code of Alabama 1975, §§ 11-15 45-1 and 31-9-10, which confers upon municipal corporations and political subdivisions 16 the power and authority to provide for the health and safety of persons and property, 17 which is an exercise of police powers 18 19 Secs. 22-12 - 22-19. – Reserved. 20 21 Article II. Reserved 22 23 Secs. 22-20 - 22-51. – Reserved. 24 25 THIS Ordinance shall become effective upon its passage and execution as provided by 26 27 law. 28 29 ADOPTED THIS 16TH DAY OF JULY, 2024. 30 31 32 33 By: Lora Lee Boone, President 34 Prattville City Council 35 36 AUTHENTICATED THIS 16TH DAY OF JULY, 2024. 37 38 39 40 By: Paula G. Barlow 41 City Clerk 42 43 APPROVED: 44 45 46 47 By: Bill Gillespie, Jr. 48 Mayor 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 ORDINANCE BOOK 2024, PAGE ____ 64 RESOLUTION 1 2 [To Amend the Budget and Authorize the City of Prattville to Enter into a Preliminary 3 Engineering and Construction Agreement with the State of Alabama, Acting by and through 4 the Alabama Department of Transportation (ALDOT), for ALDOT Project No. STPMN-0124( ); 5 CPMS Ref# 100077721 & 100077717, for the Resurfacing and Traffic Striping on Gardner 6 Road from Upper Kingston Road from Martin Luther King Jr. Drive at a Total Cost Not to 7 Exceed $543,553.00 (Net Cost to City Not to Exceed $108,710.60).] 8 9 {Sponsored By: Councilor Jackson} 10 11 WHEREAS, transportation funds are available to the City of Prattville; and 12 13 WHEREAS, ALDOT is authorized to sub-allocate federal transportation funds to the 14 15 City; and 16 17 WHEREAS, the State and City desire to enter into a Preliminary Engineering and 18 19 Construction Agreement for ALDOT Project No. STPMN-0124( ); CPMS Ref# 100077721 20 21 & 100077717, for the resurfacing and traffic striping on Gardner Road from Upper Kingston 22 23 Road to Martin Luther King Jr. Drive at a total cost not to exceed $543,553.00 (net cost to 24 25 City not to exceed $108,710.60). 26 27 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Prattville that 28 29 the FY2024 Budget is hereby amended as follows: 30 31 Increase Gas Tax Fund/ Engineering Department Grants $434,842.40 32 Increase Gas Tax Fund/ Gardner Road Paving $543,553.00 33 Decrease Gas Tax Fund Reserves $108,710.60 34 35 BE IT FURTHER RESOLVED that City Council hereby authorizes the Mayor to enter 36 37 into an agreement with ALDOT for said resurfacing and traffic striping project, and funds in 38 39 the amount not to exceed $543,553.00 (net cost to City not to exceed $108,710.60) are hereby 40 41 approved and appropriated from the FY2024 Budget Line Item Gas Tax Fund/ Gardner Road 42 43 Paving. 44 45 BE IT FURTHER RESOLVED that said agreement be executed in the name of the City, 46 47 by the Mayor, for and on its behalf and that it be attested by the City Clerk and the official seal 48 49 of the City, be affixed thereto. 50 51 BE IT FURTHER RESOLVED that upon completion of the execution of said agreement 52 53 by all parties, that a copy of such agreement be kept on file by the City Clerk. 54 55 ADOPTED THIS 16TH DAY OF JULY, 2024. 56 57 58 ___________ 59 By: Lora Lee Boone, President 60 Prattville City Council 61 62 63 64 AUTHENTICATED THIS THIS 16TH DAY OF JULY, 2024. 1 2 3 4 By: Paula G. Barlow 5 City Clerk 6 7 APPROVED: 8 9 10 11 By: Bill Gillespie, Jr. 12 Mayor 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 RESOLUTION BOOK 2024-A, PAGE ___ 64 RESOLUTION 1 2 [To Amend the Budget and Authorize the City of Prattville to Enter into a Construction 3 Agreement with the State of Alabama, Acting by and through the Alabama Department of 4 Transportation (ALDOT), for Project No. CRPMN-0124 ( ); CPMS Ref# 100078687, for the 5 Pedestrian Sidewalk Extension Project – Phase II: East Main Street from Shady Oak Lane to 6 Geneva Street at a Total Cost Not to Exceed $467,043.60 (Net Cost to City Not to Exceed 7 $93,408.60).] 8 9 {Sponsored By: Councilor Merrick} 10 11 WHEREAS, funding is available through the Federal Carbon Reduction Program; and 12 13 WHEREAS, ALDOT is authorized to sub-allocate federal funds to the City; and 14 15 WHEREAS, the State and City desire to cooperate in the Pedestrian Sidewalk Extension 16 17 Project – Phase II: East Main Street from Shady Oak Lane to Geneva Street; Project # CRPMN- 18 19 0124 ( ); CPMS Ref: 100078687; at a total cost not to exceed $467,043.00 (net cost to City not 20 21 to exceed $93,408.60). 22 23 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Prattville that 24 25 the FY2024 Budget is hereby amended as follows: 26 27 Increase Capital Projects Fund/ East Main Street Sidewalks $467,043.60 28 Increase Capital Projects Fund/ Grant Income $373,635.00 29 Increase Capital Projects Fund/ Transfer from General Fund $93,408.60 30 Increase General Fund/ Transfer to Capital Projects Fund $93,408.60 31 Increase General Fund/ Business License Revenue $93,408.60 32 33 BE IT FURTHER RESOLVED the City Council hereby authorizes the Mayor to enter 34 35 into said agreement with ALDOT for said sidewalk project, and funds in the amount not to 36 37 exceed $467,043.00 (net cost to City not to exceed $93,408.60) are hereby approved and 38 39 appropriated from the FY2024 Budget Line Item Capital Projects Fund/ East Main Street 40 41 Sidewalks. 42 43 BE IT FURTHER RESOLVED that said agreement be executed in the name of the City, 44 45 by the Mayor, for and on its behalf and that it be attested by the City Clerk and the official seal 46 47 of the City, be affixed thereto. 48 49 BE IT FURTHER RESOLVED that upon completion of the execution of said agreement 50 51 by all parties, that a copy of such agreement be kept on file by the City Clerk. 52 53 ADOPTED THIS 16TH DAY OF JULY, 2024. 54 55 _____________ 56 By: Lora Lee Boone, President 57 Prattville City Council 58 59 AUTHENTICATED THIS THIS 16TH DAY OF JULY, 2024. 60 61 62 By: Paula G. Barlow 63 City Clerk 64 APPROVED: 1 2 3 4 By: Bill Gillespie, Jr. 5 Mayor 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 RESOLUTION BOOK 2024-A, PAGE ___ 64 RESOLUTION 1 2 [To Set a Public Hearing to Rezone Property Located Inside the Corporate Limits at 1241 3 Upper Kingston Drive from R-2 (Single Family Residential) and FAR (Forest, Agriculture, 4 Recreation) to FAR (Petitioner: Russ and Jessica Sanders).] 5 6 {Sponsored By: Councilor Jackson} 7 8 WHEREAS, Russ and Jessica Sanders are the petitioners of the property described 9 10 in Attachment “A”; and 11 12 WHEREAS, said property to be rezoned is located inside the Corporate Limits at 1241 13 14 Upper Kingston Drive; and 15 16 WHEREAS, the petitioner wishes to rezone the approximate 7+/- acre property from 17 18 R-2 and FAR to FAR; and 19 20 WHEREAS, a Public Hearing on the proposed rezoning was held by the City of Prattville 21 22 Planning Commission on June 20, 2024; and 23 24 WHEREAS, the Planning Commission did recommend the zoning of said property, as 25 26 described in Attachment “A”, be amended from R-2 and FAR to FAR. 27 28 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Prattville, that 29 30 a Public Hearing is set for August 20, 2024, at 6:00 p.m. at Prattville City Hall. 31 32 33 STOP AND VOTE TO ADOPT THE RESOLUTION, THEN READ THE ORDINANCE ON 34 THE NEXT PAGE 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 PROPOSED ORDINANCE 51 52 Pursuant to the requirements of Title 11-52-77, Code of Alabama, 1975, as amended. Notice 53 54 is hereby given by the City Council of the City of Prattville, Alabama, that at the regular meeting 55 56 of said City Council on July 16, 2024, at Prattville City Hall, 101 West Main Street, Prattville, 57 58 Alabama, the following proposed ordinance was introduced. 59 60 61 62 Paula G. Barlow 63 City Clerk 64 ORDINANCE 1 2 BE IT ORDAINED by the City Council of the City of Prattville, Alabama, as follows: 3 4 THAT the zoning ordinance of the City of Prattville, Alabama, and the zoning map are 5 6 hereby amended to reclassify the property described in Attachment “A” from R-2 and FAR to 7 8 FAR; and 9 10 THAT this proposed Ordinance and a synopsis were advertised for two (2) weeks in the 11 12 Montgomery Advertiser, a newspaper of general circulation within the Corporate Limits of the 13 14 City of Prattville, and that the City Council at its Public Hearing on August 20, 2024, at 6:00 15 16 p.m., considered said proposed Ordinance and that at such time and place all persons who 17 18 desired had an opportunity to be heard in favor of or in opposition to such Ordinance. 19 20 ALL other items and provisions of the zoning ordinance not herein specifically amended 21 22 shall remain in full force and effect. 23 24 THE amendments herein contained were considered and recommended by the City of 25 26 Prattville Planning Commission on June 20, 2024. 27 28 THIS Ordinance shall become effective upon its passage and execution as provided by 29 30 law. 31 32 ADOPTED THIS 16TH DAY OF JULY, 2024. 33 34 35 36 By: Lora Lee Boone, President 37 Prattville City Council 38 39 AUTHENTICATED THIS 16TH DAY OF JULY, 2024. 40 41 42 43 By: Paula G. Barlow 44 City Clerk 45 46 APPROVED: 47 48 49 50 By: Bill Gillespie, Jr. 51 Mayor 52 53 54 55 56 57 58 59 60 61 62 63 RESOLUTION BOOK 2024, PAGE ___ 64 RESOLUTION 1 2 [To Declare the Dilapidated Structure at 106 7th Street to Be Unsafe and a Public Nuisance.] 3 4 {Sponsored By: Councilor Chambers} 5 6 WHEREAS, under the authority of Title 11, Chapter 53B, Code of Alabama, 1975, as 7 8 amended, on May 9, 2024, the City of Prattville Chief Building Official declared the dilapidated 9 10 structure at 106 7th Street, Parcel No. 19 03 08 1 009 029.000, to be an unsafe structure; and 11 12 WHEREAS, on May 9, 2024, the City of Prattville Code Enforcement Officer sent 13 14 notice ordering the repair or demolition of the dilapidated structure at 106 7th Street within 45 15 16 days of said notice; and 17 18 WHEREAS, said notice was delivered by certified mail in accordance with §11-53B-3, 19 20 Code of Alabama, 1975, as amended; and 21 22 WHEREAS, Title 11, Chapter 53B allows the property owner or other interested parties 23 24 to file a written appeal within thirty (30) days of the date of notice with the City Clerk requesting 25 26 a hearing before the City Council of the City of Prattville; and 27 28 WHEREAS, a written appeal was received from the property owner within the allotted 29 30 time frame and a Public Hearing was held on June 4, 2024, giving the owners the opportunity 31 32 appeal the findings of the Building Official; and 33 34 WHEREAS, §11-53B-4, Code of Alabama, 1975, as amended, authorizes the City 35 36 Council to determine whether or not the building or structure is unsafe to the extent that it is a 37 38 public nuisance; and 39 40 WHEREAS, no repairs have been made or permits obtained for the dilapidated structure 41 42 located at 106 7th Street by the expiration of the notice, and the structure remains unsafe and 43 44 a public nuisance. 45 46 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Prattville that 47 48 the dilapidated structure located at 106 7th Street continues to be unsafe and a public nuisance 49 50 that must be repaired or demolished. 51 52 BE IT FURTHER RESOLVED that the City Council instructs the Code Enforcement 53 54 Officer to provide a report of the cost to repair or demolish the dilapidated structure located at 55 56 106 7th Street to the City Council. 57 58 ADOPTED THIS 16TH DAY OF JULY, 2024. 59 60 61 62 By: Lora Lee Boone, President 63 Prattville City Council 64 AUTHENTICATED THIS THIS 16TH DAY OF JULY, 2024. 1 2 3 4 By: Paula G. Barlow 5 City Clerk 6 7 APPROVED: 8 9 10 11 By: Bill Gillespie, Jr. 12 Mayor 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 RESOLUTION BOOK 2024-A, PAGE ___ 64 RESOLUTION 1 2 [To Authorize the Condemnation Proceedings for Certain Right-of-Way (ROW) Properties in 3 Regards to the Widening of McQueen Smith Road, Project STPOA-7812 (600).] 4 5 {Sponsored By: Councilor Jackson} 6 7 WHEREAS, due to the continued growth in the City of Prattville, traffic flow has 8 9 increased; and 10 11 WHEREAS, in alignment with the City of Prattville’s 2040 Comprehensive Plan, the 12 13 widening of McQueen Smith Road, Project STPOA-7812 (600) will improve local traffic flow; 14 15 and 16 17 WHEREAS, the City has been unable to reach a purchasing agreement for three tracts 18 19 of ROW properties for said project (CenterPoint Fellowship Church, LLC; L&L Properties Inc.; 20 21 and Ganesh 15 Inc.); and 22 23 WHEREAS, for the health, safety and welfare of the citizens of Prattville, it is necessary 24 25 to condemn said ROW’s for the widening of McQueen Smith Road. 26 27 NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Prattville 28 29 hereby finds and determines that it is necessary to condemn certain ROW’s for the widening 30 31 of McQueen Smith Road across the following lands and properties belonging to the following 32 33 property owners. 34 35 Recorded Titleholder: CenterPoint Fellowship Church, LLC 36 Approximately 1.67 acres of land and 0.47 acres of a Temporary Construction 37 Easement affecting that property as recorded in the Office of the Probate Judge, 38 Autauga County, Alabama, in Map Book 2020, Page 21, being described in 39 Attachment “A”: 40 41 Recorded Titleholder: L&L Properties Inc. 42 Approximately 0.58 Acres of land affecting that property as recorded in the Office 43 of the Probate Judge, Autauga County, Alabama, in Map Book 442, Page 177, 44 being described in Attachment “B”. 45 46 Recorded Titleholder: GANESH 15 Inc. 47 Approximately 0.02 acres of land and 0.04 acres of a Temporary Construction 48 Easement affecting that property as recorded in the Office of the Probate Judge, 49 Autauga County, Alabama, in Map Book 2006, Page 43, being described in 50 Attachment “C”. 51 52 ADOPTED THIS 16TH DAY OF JULY, 2024. 53 54 55 By: Lora Lee Boone, President 56 Prattville City Council 57 58 AUTHENTICATED THIS 16TH DAY OF JULY, 2024. 59 60 61 By: Paula G. Barlow 62 City Clerk 63 64 APPROVED: 1 2 3 4 By: Bill Gillespie, Jr. 5 Mayor 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 RESOLUTION BOOK 2024-A, PAGE _____ 64