DRAFT CC Packet 2024.08.06 AGENDA
PRATTVILLE CITY COUNCIL
TUESDAY, AUGUST 6, 2024
A PLEDGE OF ALLEGIANCE TO THE AMERICAN FLAG:
INVOCATION:
CALL TO ORDER:
THE CHARACTER TRAIT OF THE MONTH IS DECISIVENESS: Processing
information and finalizing difficult decisions.
APPROVAL OF MINUTES: Public Hearing and City Council Meeting July 16, 2024
COMMENTS FROM PERSONS PRESENT REGARDING TONIGHT’S AGENDA:
MAYOR’S REPORT:
REPORT FROM COUNCIL ON SPECIAL COMMITTEES:
CONSENT AGENDA
1.RESOLUTION: To Authorize the Mayor to have Overgrown Grass and Weeds at 314 Sheila
Boulevard, 1274 County Road 85 and 105 North Memorial Drive Abated and Charge Any
Incurred Expenses for the Abatement Process Pursuant to Chapter 46 et seq., City of Prattville
Code of Ordinances. {Sponsored By: Councilor Whaley}
2.RESOLUTION: To Grant a Restaurant Retail Liquor License to Texas Roadhouse Holding
LLC, d/b/a Texas Roadhouse. {Sponsored By: Councilor Chambers}
3.RESOLUTION: To Declare the Garbage and Rubbish at 1387 Twins Place 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: Council President
Pro Tempore Strichik}
4.RESOLUTION: To Declare the Garbage and Rubbish at 104 W. Bonanza 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 Whaley}
5.RESOLUTION: To Declare the Garbage and Rubbish at 105 W. Bonanza 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 Whaley}
6.RESOLUTION: To Declare the Garbage and Rubbish at 106 W. Bonanza Court 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 Whaley}
7.RESOLUTION: To Authorize the City Attorney to Affix the Cost for the Removal of Stagnant
Water at 1714 E. Main Street. {Sponsored By: Council President Pro Tempore Strichik}
8.RESOLUTION: To Set a Public Hearing to Grant a Restaurant Retail Liquor License to SEA
Investments, LLC, d/b/a Uncle Mick’s Cajun Cafe. {Sponsored By: Council President Pro
Tempore Strichik
9.RESOLUTION: To Declare the Garbage and Rubbish at 302 Cranbrook Court 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 Whaley}
10.RESOLUTION: To Declare the Garbage and Rubbish at 410 Martin Luther King Jr. Drive,
formerly addressed as 410 N. Chestnut Street, 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 Whaley}
11.RESOLUTION: To Set a Public Hearing to Declare the Abundance of Overgrown Grass
and Weeds at 102 E. Bonanza Drive, 121 Quail Run and 1317 Huie Street to be Unsafe and a
Public Nuisance and Order Their Abatement Pursuant to Chapter 46 et seq., City of Prattville
Code of Ordinances. {Sponsored By: Councilor Whaley}
12.RESOLUTION: To Declare the Garbage and Rubbish at 231 Juniper Court 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 Whaley}
13.RESOLUTION: To Declare the Garbage and Rubbish at 213 Brookhaven 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 Whaley}
AGENDA
1.RESOLUTION: To Amend the Budget, Vacate a Portion of the Sid Thompson Drive Right-
Of-Way (ROW) and Authorize the Release of Funds to Reimburse the State of Alabama.
{Sponsored By: Council President Boone}
2.ORDINANCE: To Rezone Property Located Inside the Corporate Limits at 334 Old Farm
Lane from B-2 (General Business) and R-3 (Single Family Residential) to INST (Institutional)
(Owner: Prattville Lutheran Mission, Petitioner: David Slocum). {Sponsored By: Councilor
Whaley}
3.ORDINANCE: To Amend City of Prattville Code of Ordinances Chapter 50 - Offenses &
Miscellaneous Provisions, Article III. - Offenses Involving Public Peace and Order, Division 2.
–Noise. {Sponsored By: Councilor Pro Tempore Strichik}
4.ORDINANCE: To Repeal Chapter 109 – Floods, Article II. – Flood Damage Prevention, and
its Amendments and Replace it with Chapter 109 – Floods, Article II. - Flood Damage
Prevention 109-19 through 109-92, Inclusive. {Sponsored By: Councilor Chambers}
5.RESOLUTION: To Amend the Budget and Award Bid No. 024-009 to David Bulger, Inc. for
Cooters Pond Parking Improvements at a Cost Not to Exceed $320,037.40. {Sponsored By:
Council President Pro Tempore Strichik}
6.RESOLUTION: To Authorize the Mayor to Enter into an Agreement with Civil Southeast,
LLC for Construction Engineering and Inspection Services for Cooters Pond Parking
Improvements at a Cost Not to Exceed $32,000.00. {Sponsored By: Council President Pro
Tempore Strichik}
7.RESOLUTION: To Authorize Demolition and Removal of the Dilapidated Residential
Structure Located at 114 8th Street and Award a Contract to Grier Services, Incorporated at a
Cost Not to Exceed $7,450.00. {Sponsored By: Councilor Whaley}
8.RESOLUTION: To Amend the Budget, Consent to the Settlement of Litigation styled BVCV
High Point, LLC v. City of Prattville, U.S. District Court, Middle District of Alabama and to
Authorize the Purchase of Real Property. {Sponsored By: Council President Boone}
COMMENTS FROM PERSONS PRESENT:
CLOSING COMMENTS:
ADJOURN:
The next City Council meeting is scheduled for Tuesday, August 20, 2024.
RESOLUTION 1
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[To Authorize the Mayor to have Overgrown Grass and Weeds at 314 Sheila Boulevard, 1274 3
County Road 85 and 105 North Memorial Drive Abated and Charge Any Incurred Expenses 4
for the Abatement Process Pursuant to Chapter 46 et seq., City of Prattville Code of 5
Ordinances.] 6
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{Sponsored By: Councilor Whaley} 8
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WHEREAS, the City Council of the City of Prattville declared in Resolution Book 2024 - 10
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A, Page 159, on July 2, 2024, that the abundance of overgrown grass and weeds at 314 Sheila 12
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Boulevard, 1274 County Road 85 and 105 North Memorial Drive constituted a public nuisance 14
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and set a Public Hearing on said nuisance; and 16
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WHEREAS, the Autauga County tax records list the property owner(s) as follows: 18
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• 314 Sheila Boulevard – Folger Henry S. & Susan C., with an address of 307 Abington 20
Street, Prattville, 36066, to Parcel Number 19 06 14 4 004 009.000 21
• 1274 County Road 85 – Gardner Archie & Julia Mae C/O Gardner Tony, with an 22
address of 1274 County Road 85, Prattville, AL 36067, to Parcel Number 10 09 31 0 23
000 008.001 24
• 105 North Memorial Drive – McIntyre Land Co In, with an address of P.O. Box 241993 25
Montgomery, AL 36124, to Parcel Number 19 02 10 3 008 002.501; and 26
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WHEREAS, notice was provided to correct, remedy or remove overgrown grass and 28
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weeds; and 30
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WHEREAS, the owner(s) of said properties have failed and/or refused to correct, 32
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remedy or remove said nuisance by the expiration of said notice; and 34
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WHEREAS, the owner of said properties did not file written objections with the City 36
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Clerk’s Office within the time prescribed by City of Prattville Code of Ordinances, Section 46 - 38
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114 (c);and 40
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WHEREAS, the City Council held the required Public Hearing at 6:00 p.m. on August 6, 42
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2024, permitting the owner of said property to present evidence, objections and protest 44
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regarding said nuisance; and 46
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WHEREAS, Chapter 46 et seq., City of Prattville Code of Ordinances, authorizes the 48
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City to do such work or make such improvements that are necessary to correct, remedy or 50
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remove such conditions, pay therefore and charge the expenses incurred to the owner of such 52
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property. 54
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NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Prattville 56
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declares that the overgrown grass and weeds at 314 Sheila Boulevard, 1274 County Road 85 58
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and 105 North Memorial Drive continues to be a public nuisance at the expiration of the notice 60
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of violation. 62
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BE IT FURTHER RESOLVED that the Mayor shall have the overgrown grass and weeds 64
at said property removed using City forces or private contractors. The property owner shall 1
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have the right to remove said nuisance at their expense provided that the removal is done prior 3
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to the commencement of work by employees or agents of the City of Prattville; however, 5
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this does not abolish incurred fines and expenses. 7
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BE IT FURTHER RESOLVED the Mayor shall keep an accounting of all costs related 9
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to this request and report such costs to the City Council following its abatement. 11
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ADOPTED THIS 6TH DAY OF AUGUST, 2024. 13
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By: Lora Lee Boone, President 17
Prattville City Council 18
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AUTHENTICATED THIS 6TH DAY OF AUGUST, 2024. 22
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By: Paula G. Barlow 26
City Clerk 27
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APPROVED: 29
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By: Bill Gillespie, Jr. 33
Mayor 34
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RESOLUTION BOOK 2024-A, PAGE ___ 64
RESOLUTION 1
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[To Grant a Restaurant Retail Liquor License to Texas Roadhouse Holding LLC, d/b/a Texas 3
Roadhouse.] 4
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{Sponsored By: Councilor Chambers} 6
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WHEREAS, Texas Roadhouse Holding LLC, d/b/a Texas Roadhouse, has applied for a 8
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Restaurant Retail Liquor License for a business located at 2621 Legends Parkway, Prattville, 10
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AL 36066, which is a restaurant; and 12
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WHEREAS, a public hearing was set by Resolution Book 2024-A, Page 160, on July 2, 14
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2024, and held August 6, 2024, at 6:00 p.m., and that at such time and place all persons who 16
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desired had an opportunity to be heard in favor of or in opposition to such resolution. 18
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NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Prattville 20
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hereby approves the issuance of a Restaurant Retail Liquor License to Texas Roadhouse 22
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Holding LLC, d/b/a Texas Roadhouse, for the business located at 2621 Legends Parkway, 24
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Prattville, AL 36066. 26
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ADOPTED THIS 6TH DAY OF AUGUST, 2024. 28
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By: Lora Lee Boone, President 32
Prattville City Council 33
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AUTHENTICATED THIS 6TH DAY OF AUGUST, 2024. 37
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By: Paula G. Barlow 41
City Clerk 42
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APPROVED: 44
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By: Bill Gillespie, Jr. 48
Mayor 49
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RESOLUTION BOOK 2024-A, PAGE ___ 64
RESOLUTION 1
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[To Declare the Garbage and Rubbish at 1387 Twins Place 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
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{Sponsored By: Council President Pro Tempore Strichik} 7
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WHEREAS, keeping garbage and rubbish: 9
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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
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WHEREAS, the Prattville Police Department Code Enforcement Officer has inspected 16
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the property and determined the existence of garbage and rubbish at 1387 Twins Place; and 18
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WHEREAS, the Autauga County tax records list the property owner as Candlestick MHC 20
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LLC c/o Cameron Bailey, with an address of 108 Kacey Marie, Winchester, TN 37398, to Parcel 22
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Number 19 06 23 4 000 033.000; and 24
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WHEREAS, in compliance with Section 46-31, City of Prattville Code of Ordinances, the 26
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Code Enforcement Officer gave written notice to the owner of said property on March 7, 2024, 28
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to correct, remedy or remove the condition of garbage and rubbish within ten (10) days; and 30
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WHEREAS, the owner of said property has failed and/or refused to correct, remedy or 32
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remove said condition by the expiration of said notice; and 34
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WHEREAS, Chapter 46 et seq., City of Prattville Code of Ordinances, permits the City 36
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Council to declare the keeping of garbage and rubbish to be a public nuisance and authorizes 38
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the City to do such work or make such improvements that are necessary to correct, remedy or 40
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remove such condition, pay therefore and charge the expenses incurr ed for the abatement 42
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process to the owner of such property. 44
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NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Prattville 46
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declares that the garbage and rubbish at 1387 Twins Place continued to be a public nuisance 48
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at the expiration of the notice of violation. 50
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BE IT FURTHER RESOLVED that the Mayor shall have the garbage and rubbish at 52
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said property removed using City forces or private contractors. The property owner shall have 54
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the right to remove said nuisance at their expense provided that the removal is done prior to 56
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the commencement of work by employees or agents of the City of Prattville; however, this does 58
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not abolish incurred expenses. 60
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BE IT FURTHER RESOLVED the Mayor shall keep an accounting of all costs related 62
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to this request and report such costs to the City Council following its abatement. 64
ADOPTED THIS 6TH DAY OF AUGUST, 2024. 1
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By: Lora Lee Boone, President 5
Prattville City Council 6
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AUTHENTICATED THIS 6TH DAY OF AUGUST, 2024. 10
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By: Paula G. Barlow 14
City Clerk 15
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APPROVED: 17
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By: Bill Gillespie, Jr. 21
Mayor 22
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RESOLUTION BOOK 2024-A, PAGE ___ 64
RESOLUTION 1
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[To Declare the Garbage and Rubbish at 104 W. Bonanza Drive a Public Nuisance and 3
Authorize the Mayor to Abate and Charge Any Incurred Expenses Pursuant to Chapter 46 et 4
seq., City of Prattville Code of Ordinances.] 5
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{Sponsored By: Councilor Whaley} 7
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WHEREAS, keeping garbage and rubbish: 9
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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
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WHEREAS, the Prattville Police Department Code Enforcement Officer has inspected 16
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the property and determined the existence of garbage and rubbish at 104 W. Bonanza Drive; 18
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and 20
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WHEREAS, the Autauga County tax records list the property owner as Westgate Jaxson 22
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c/o Kaye Yell, with an address of 1516 Jade Street, Prattville, AL 36067, to Parcel Number 24
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19 05 16 2 000 176.000; and 26
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WHEREAS, in compliance with Section 46-31, City of Prattville Code of Ordinances, the 28
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Code Enforcement Officer gave written notice to the owner of said property on July 16, 2024, 30
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to correct, remedy or remove the condition of garbage and rubbish within ten (10) days; and 32
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WHEREAS, the owner of said property has failed and/or refused to correct, remedy or 34
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remove said condition by the expiration of said notice; and 36
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WHEREAS, Chapter 46 et seq., City of Prattville Code of Ordinances, permits the City 38
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Council to declare the keeping of garbage and rubbish to be a public nuisance and authorizes 40
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the City to do such work or make such improvements that are necessary to correct, remedy or 42
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remove such condition, pay therefore and charge the expenses incurred for the abatement 44
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process to the owner of such property. 46
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NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Prattville 48
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declares that the garbage and rubbish at 104 W. Bonanza Drive continued to be a public 50
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nuisance at the expiration of the notice of violation. 52
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BE IT FURTHER RESOLVED that the Mayor shall have the garbage and rubbish at 54
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said property removed using City forces or private contractors. The property owner shall have 56
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the right to remove said nuisance at their expense provided that the removal is done prior to 58
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the commencement of work by employees or agents of the City of Prattville; however, this does 60
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not abolish incurred expenses. 62
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BE IT FURTHER RESOLVED the Mayor shall keep an accounting of all costs related 64
to this request and report such costs to the City Council following its abatement. 1
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ADOPTED THIS 6TH DAY OF AUGUST, 2024. 3
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By: Lora Lee Boone, President 7
Prattville City Council 8
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AUTHENTICATED THIS 6TH DAY OF AUGUST, 2024. 12
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By: Paula G. Barlow 16
City Clerk 17
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APPROVED: 19
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By: Bill Gillespie, Jr. 23
Mayor 24
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RESOLUTION BOOK 2024-A, PAGE ___ 64
RESOLUTION 1
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[To Declare the Garbage and Rubbish at 105 W. Bonanza Drive a Public Nuisance and 3
Authorize the Mayor to Abate and Charge Any Incurred Expenses Pursuant to Chapter 46 et 4
seq., City of Prattville Code of Ordinances.] 5
6
{Sponsored By: Councilor Whaley} 7
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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
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WHEREAS, the Prattville Police Department Code Enforcement Officer has inspected 16
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the property and determined the existence of garbage and rubbish at 105 W. Bonanza Drive; 18
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and 20
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WHEREAS, the Autauga County tax records list the property owner as Harrelson 22
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Scottie, Heather Harrelson, with an address of 212 Denise Drive, Prattville, AL 36066, to Parcel 24
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Number 19 05 16 2 000 178.000; and 26
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WHEREAS, in compliance with Section 46-31, City of Prattville Code of Ordinances, the 28
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Code Enforcement Officer gave written notice to the owner of said property on March 12, 2024, 30
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to correct, remedy or remove the condition of garbage and rubbish within ten (10) days; and 32
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WHEREAS, the owner of said property has failed and/or refused to correct, remedy or 34
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remove said condition by the expiration of said notice; and 36
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WHEREAS, Chapter 46 et seq., City of Prattville Code of Ordinances, permits the City 38
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Council to declare the keeping of garbage and rubbish to be a public nuisance and authorizes 40
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the City to do such work or make such improvements that are necessary to correct, remedy or 42
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remove such condition, pay therefore and charge the expenses incurr ed for the abatement 44
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process to the owner of such property. 46
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NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Prattville 48
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declares that the garbage and rubbish at 105 W. Bonanza Drive continued to be a public 50
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nuisance at the expiration of the notice of violation. 52
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BE IT FURTHER RESOLVED that the Mayor shall have the garbage and rubbish at 54
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said property removed using City forces or private contractors. The property owner shall have 56
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the right to remove said nuisance at their expense provided that the removal is done prior to 58
59
the commencement of work by employees or agents of the City of Prattville; however, this does 60
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not abolish incurred expenses. 62
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BE IT FURTHER RESOLVED the Mayor shall keep an accounting of all costs related 64
to this request and report such costs to the City Council following its abatement. 1
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ADOPTED THIS 6TH DAY OF AUGUST, 2024. 3
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By: Lora Lee Boone, President 7
Prattville City Council 8
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AUTHENTICATED THIS 6TH DAY OF AUGUST, 2024. 12
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By: Paula G. Barlow 16
City Clerk 17
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APPROVED: 19
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By: Bill Gillespie, Jr. 23
Mayor 24
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RESOLUTION BOOK 2024-A, PAGE ___ 64
RESOLUTION 1
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[To Declare the Garbage and Rubbish at 106 W. Bonanza Court a Public Nuisance and 3
Authorize the Mayor to Abate and Charge Any Incurred Expenses Pursuant to Chapter 46 et 4
seq., City of Prattville Code of Ordinances.] 5
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{Sponsored By: Councilor Whaley} 7
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WHEREAS, keeping garbage and rubbish: 9
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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
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WHEREAS, the Prattville Police Department Code Enforcement Officer has inspected 16
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the property and determined the existence of garbage and rubbish at 106 W. Bonanza Court; 18
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and 20
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WHEREAS, the Autauga County tax records list the property owner as Cole Todd Lewis, 22
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with an address of 3262 Forest Hill Drive, San Angelo, TX 76901, to Parcel Number 19 05 16 24
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2 000 177.000; and 26
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WHEREAS, in compliance with Section 46-31, City of Prattville Code of Ordinances, the 28
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Code Enforcement Officer gave written notice to the owner of said property on July 3, 2024, 30
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to correct, remedy or remove the condition of garbage and rubbish within ten (10) days; and 32
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WHEREAS, the owner of said property has failed and/or refused to correct, remedy or 34
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remove said condition by the expiration of said notice; and 36
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WHEREAS, Chapter 46 et seq., City of Prattville Code of Ordinances, permits the City 38
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Council to declare the keeping of garbage and rubbish to be a public nuisance and authorizes 40
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the City to do such work or make such improvements that are necessary to correct, remedy or 42
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remove such condition, pay therefore and charge the expenses incurred for the abatement 44
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process to the owner of such property. 46
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NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Prattville 48
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declares that the garbage and rubbish at 106 W. Bonanza Court continued to be a public 50
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nuisance at the expiration of the notice of violation. 52
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BE IT FURTHER RESOLVED that the Mayor shall have the garbage and rubbish at 54
55
said property removed using City forces or private contractors. The property owner shall have 56
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the right to remove said nuisance at their expense provide d that the removal is done prior to 58
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the commencement of work by employees or agents of the City of Prattville; however, this does 60
61
not abolish incurred expenses. 62
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BE IT FURTHER RESOLVED the Mayor shall keep an accounting of all costs related 64
to this request and report such costs to the City Council following its abatement. 1
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ADOPTED THIS 6TH DAY OF AUGUST, 2024. 3
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By: Lora Lee Boone, President 7
Prattville City Council 8
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AUTHENTICATED THIS 6TH DAY OF AUGUST, 2024. 12
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By: Paula G. Barlow 16
City Clerk 17
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APPROVED: 19
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By: Bill Gillespie, Jr. 23
Mayor 24
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RESOLUTION BOOK 2024-A, PAGE ___ 64
RESOLUTION 1
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[To Authorize the City Attorney to Affix the Cost for the Removal of Stagnant Water at 1714 3
E. Main Street.] 4
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{Sponsored By: Council President Pro Tempore Strichik} 6
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WHEREAS, § 6-5-122 et Seq., of the Code of Alabama, 1975, as amended, permits the 8
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City Council of the City of Prattville to declare a public nuisance and have the violation resolved; 10
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and 12
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WHEREAS, in Resolution Book 2024, Page 029, on February 20, 2024, the City Council 14
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of the City of Prattville declared the stagnant water at 1714 E. Main Street continued to be a 16
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public nuisance; and 18
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WHEREAS, the Autauga County tax records list the property owner(s) as Landers 20
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Properties Attn: Steven T Lander, with an address of 3020 Atlanta Hwy Montgomery, AL 36109, 22
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to Parcel Number 19 06 14 1 002 004.000; and; and 24
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WHEREAS, in compliance with Section 46-31, City of Prattville Code of Ordinances, the 26
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Prattville Police Department Code Enforcement Officer sent notice to the owner of the above 28
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property in writing on January 26, 2024, to correct, remedy or remove the condition of stagnant 30
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water within 10 days; and 32
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WHEREAS, the owner/operator of said property failed and/or refused to correct, remedy 34
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or remove the said conditions by the expiration of said notice; and 36
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WHEREAS, Section 46-32 of the City of Prattville Code of Ordinances authorizes the 38
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City to do such work or make such improvements that are necessary to correct, remedy or 40
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remove such condition, pay therefore and charge the expenses incurred to the owner/operator 42
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of such property to the fullest extent authorized by law. 44
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NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Prattville, that 46
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the cost totaling $272.14 for the removal of stagnant water at 1714 E. Main Street is accurate 48
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and shall be established as a lien against the property. 50
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BE IT FURTHER RESOLVED that the City Attorney is authorized to file any actions 52
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necessary to recover costs of said removal. 54
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ADOPTED THIS 6TH DAY OF AUGUST, 2024. 56
57
58
59
By: Lora Lee Boone, President 60
Prattville City Council 61
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63
64
AUTHENTICATED THIS 6TH DAY OF AUGUST, 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
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RESOLUTION BOOK 2024-A, PAGE ___ 64
RESOLUTION 1
2
[To Set a Public Hearing to Grant a Restaurant Retail Liquor License to SEA Investments, 3
LLC, d/b/a Uncle Mick’s Cajun Cafe.] 4
5
{Sponsored By: Council President Pro Tempore Strichik} 6
7
WHEREAS, pursuant to Chapter 6, Section 6-3(a) of the City of Prattville Code of 8
9
Ordinances, a public hearing shall be set to allow public comment f or licenses including 10
11
Restaurant Retail Liquor licenses; and 12
13
WHEREAS, SEA Investments, LLC, d/b/a Uncle Mick’s Cajun Cafe, located at 136/138 14
15
West Main Street, Prattville, AL 36067, has made application for said license. 16
17
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Prattville 18
19
hereby sets a Public Hearing for September 3, 2024, at 6:00 p.m. in the Council Chambers at 20
21
City Hall for said license application. 22
23
ADOPTED THIS 6TH DAY OF AUGUST, 2024. 24
25
26
27
By: Lora Lee Boone, President 28
Prattville City Council 29
30
AUTHENTICATED THIS THIS 6TH DAY OF AUGUST, 2024. 31
32
33
34
By: Paula G. Barlow 35
City Clerk 36
37
APPROVED: 38
39
40
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By: Bill Gillespie, Jr. 42
Mayor 43
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RESOLUTION BOOK 2024-A, PAGE ___ 64
RESOLUTION 1
2
[To Declare the Garbage and Rubbish at 302 Cranbrook Court a Public Nuisance and 3
Authorize the Mayor to Abate and Charge Any Incurred Expenses Pursuant to Chapter 46 et 4
seq., City of Prattville Code of Ordinances.] 5
6
{Sponsored By: Councilor Whaley} 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 302 Cranbrook Court; 18
19
and 20
21
WHEREAS, the Autauga County tax records list the property owner as Harrelson 22
23
Scottie, Heather Harrelson, with an address of 212 Denise Drive, Prattville, AL 36066, to Parcel 24
25
Number 19 05 16 3 001 001.055; and 26
27
WHEREAS, in compliance with Section 46-31, City of Prattville Code of Ordinances, the 28
29
Code Enforcement Officer gave written notice to the owner of said property on May 28, 2024, 30
31
to correct, remedy or remove the condition of garbage and rubbish within ten (10) days; and 32
33
WHEREAS, the owner of said property has failed and/or refused to correct, remedy or 34
35
remove said condition by the expiration of said notice; and 36
37
WHEREAS, Chapter 46 et seq., City of Prattville Code of Ordinances, permits the City 38
39
Council to declare the keeping of garbage and rubbish to be a public nuisance and authorizes 40
41
the City to do such work or make such improvements that are necessary to correct, remedy or 42
43
remove such condition, pay therefore and charge the expenses incurred for the abatement 44
45
process to the owner of such property. 46
47
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Prattville 48
49
declares that the garbage and rubbish at 302 Cranbrook Court continued to be a public 50
51
nuisance at the expiration of the notice of violation. 52
53
BE IT FURTHER RESOLVED that the Mayor shall have the garbage and rubbish at 54
55
said property removed using City forces or private contractors. The property owner shall have 56
57
the right to remove said nuisance at their expense provided that the removal is done prior to 58
59
the commencement of work by employees or agents of the City of Prattville; however, this does 60
61
not abolish incurred expenses. 62
63
BE IT FURTHER RESOLVED the Mayor shall keep an accounting of all costs related 64
to this request and report such costs to the City Council following its abatement. 1
2
ADOPTED THIS 6TH DAY OF AUGUST, 2024. 3
4
5
6
By: Lora Lee Boone, President 7
Prattville City Council 8
9
10
11
AUTHENTICATED THIS 6TH DAY OF AUGUST, 2024. 12
13
14
15
By: Paula G. Barlow 16
City Clerk 17
18
APPROVED: 19
20
21
22
By: Bill Gillespie, Jr. 23
Mayor 24
25
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27
28
29
30
31
32
33
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35
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RESOLUTION BOOK 2024-A, PAGE ___ 64
RESOLUTION 1
2
[To Declare the Garbage and Rubbish at 410 Martin Luther King Jr. Drive, formerly 3
addressed as 410 N. Chestnut Street, a Public Nuisance and Authorize the Mayor to Abate 4
and Charge Any Incurred Expenses Pursuant to Chapter 46 et seq., City of Prattville Code of 5
Ordinances.] 6
7
{Sponsored By: Councilor Whaley} 8
9
WHEREAS, keeping garbage and rubbish: 10
11
1. is injurious to the public health, safety and general welfare of the community by providing a 12
breeding ground and shelter for rats, mice, snakes, and other vermin; 13
2. may inflict injury on a person going to such property; 14
3. may also pose a fire and environmental hazard; and 15
16
WHEREAS, the Prattville Police Department Code Enforcement Officer has inspected 17
18
the property and determined the existence of garbage and rubbish at 410 Martin Luther King 19
20
Jr. Drive, formerly addressed as 410 N. Chestnut Street; and 21
22
WHEREAS, the Autauga County tax records list the property owner as Stoudemire 23
24
Properties and Etals, with an address of 21 Watson Circle, Montgomery, AL 36109, to Parcel 25
26
Number 19 03 08 1 008 016.000; and 27
28
WHEREAS, in compliance with Section 46-31, City of Prattville Code of Ordinances, the 29
30
Code Enforcement Officer gave written notice to the owner of said property on July 19, 2024, 31
32
to correct, remedy or remove the condition of garbage and rubbish within ten (10) days; and 33
34
WHEREAS, the owner of said property has failed and/or refused to correct, remedy or 35
36
remove said condition by the expiration of said notice; and 37
38
WHEREAS, Chapter 46 et seq., City of Prattville Code of Ordinances, permits the City 39
40
Council to declare the keeping of garbage and rubbish to be a public nuisance and authorizes 41
42
the City to do such work or make such improvements that are necessary to correct, remedy or 43
44
remove such condition, pay therefore and charge the expenses incurred for the abatement 45
46
process to the owner of such property. 47
48
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Prattville 49
50
declares that the garbage and rubbish at 410 Martin Luther King Jr. Drive, formerly addressed 51
52
as 410 N. Chestnut Street, continued to be a public nuisance at the expiration of the notice of 53
54
violation. 55
56
BE IT FURTHER RESOLVED that the Mayor shall have the garbage and rubbish at 57
58
said property removed using City forces or private contractors. The property owner shall have 59
60
the right to remove said nuisance at their expense provided that the removal is done prior to 61
62
the commencement of work by employees or agents of the City of Prattville; however, this does 63
64
not abolish incurred expenses. 1
2
BE IT FURTHER RESOLVED the Mayor shall keep an accounting of all costs related 3
4
to this request and report such costs to the City Council following its abatement. 5
6
ADOPTED THIS 6TH DAY OF AUGUST, 2024. 7
8
9
10
By: Lora Lee Boone, President 11
Prattville City Council 12
13
14
15
AUTHENTICATED THIS 6TH DAY OF AUGUST, 2024. 16
17
18
19
By: Paula G. Barlow 20
City Clerk 21
22
APPROVED: 23
24
25
26
By: Bill Gillespie, Jr. 27
Mayor 28
29
30
31
32
33
34
35
36
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38
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RESOLUTION BOOK 2024-A, PAGE ___ 64
RESOLUTION 1
2
[To Set a Public Hearing to Declare the Abundance of Overgrown Grass and Weeds at 102 3
E. Bonanza Drive, 121 Quail Run and 1317 Huie Street to be Unsafe and a Public Nuisance 4
and Order Their Abatement Pursuant to Chapter 46 et seq., City of Prattville Code of 5
Ordinances.] 6
7
{Sponsored By: Councilor Whaley} 8
9
WHEREAS, an abundance of overgrown grass and weeds: 10
11
1. is injurious to the public health, safety and general welfare of the community by providing a 12
breeding ground and shelter for rats, mice, snakes and mosquitoes and other vermin; 13
2. may cause the further spread of weeds; 14
3. may hide debris, such as glass or metal, that could inflict injury on a person going to such 15
property; 16
4. may also pose a fire hazard and respiratory hazard; and 17
18
WHEREAS, the Prattville Police Department Code Enforcement Officer has inspected 19
20
the properties and determined the existence of an abundance of overgrown grass and weeds 21
22
at 102 E. Bonanza Drive, 121 Quail Run and 1317 Huie Street; and 23
24
WHEREAS, the Autauga County tax records list the property owner(s) as follows: 25
26
• 102 E. Bonanza Drive – Blevins J.E. & Norene E. c/o Jack Blevins, with an address of 27
4288 N. Village Street, Buckeye, AZ, 85396, to Parcel Number 19 05 16 2 000 172.000 28
• 121 Quail Run – Moore Timothy J & Lisa N, with an address of 590 Bear Branch Road, 29
Ellerbe, NC, 28338 19 04 17 1 012 005.001 30
• 1317 Huie Street – Raynor Colby, with an address of 1317 Huie Street, Prattville, AL, 31
36066 19 02 10 4 001 043.000 32
33
WHEREAS, in compliance with Section 46-31, City of Prattville Code of Ordinances, the 34
35
Code Enforcement Officer gave written notice to the owner(s) of said properties on May 23, 36
37
2024, July 1, 2024 and July 13, 2024, respectively, to correct, remedy or remove the 38
39
abundance of overgrown grass and weeds within ten (10) days; and 40
41
WHEREAS, the owner(s) of said properties have failed and/or refused to correct, 42
43
remedy or remove said condition by the expiration of said notice; and 44
45
WHEREAS, Chapter 46 et seq., City of Prattville Code of Ordinances, permits the City 46
47
Council to declare the abundance of overgrown grass and weeds to be a public nuisance and 48
49
abate the same; and 50
51
WHEREAS, pursuant to Section 46-114 (e), City of Prattville Code of Ordinances, 52
53
declaring the abundance of overgro wn grass and weeds to be a public nuisance and ordering 54
55
their abatement by the City Council initiates a fine for the first violation and designation on the 56
57
repeat offender registry. 58
59
NOW, THEREFORE, BE IT RESOLVED THAT: 60
61
1. the City Council of the City of Prattville declares the abundance of overgrown grass and 62
weeds at said properties to be a public nuisance and has therefore initiated the abatement 63
process; and 64
2. the owner(s) of said properties are ordered to abate said nuisance and appear before the 1
City Council at a Public Hearing at 6:00 p.m. on September 3, 2024, at Prattville City Hall; 2
and 3
3. any objections may be filed, in writing, to the City Clerk at least five (5) days prior to the 4
Public Hearing; and 5
4. the fine of $100.00 shall be assessed to the own er(s) of said properties in addition to any 6
costs incurred for the abatement process; and 7
5. said properties shall be placed on the repeat offender registry for a period of three (3) years; 8
and 9
6. the notice of Public Hearing on the matter, as required by law, will be provided in a 10
publication of general circulation, by certified mail, and by signage on the subject properties. 11
12
ADOPTED THIS 6TH DAY OF AUGUST, 2024. 13
14
15
16
By: Lora Lee Boone, President 17
Prattville City Council 18
19
AUTHENTICATED THIS THIS 6TH DAY OF AUGUST, 2024. 20
21
22
23
By: Paula G. Barlow 24
City Clerk 25
26
APPROVED: 27
28
29
30
By: Bill Gillespie, Jr. 31
Mayor 32
33
34
35
36
37
38
39
40
41
42
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44
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46
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48
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50
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RESOLUTION BOOK 2024-A, PAGE ___ 64
RESOLUTION 1
2
[To Declare the Garbage and Rubbish at 231 Juniper Court 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 Whaley} 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 231 Juniper Court; and 18
19
WHEREAS, the Autauga County tax records list the property owner as Coleman Carlos 20
21
D, with an address of 231 Juniper Court, Prattville, AL 36067, to Parcel Number 19 02 09 1 22
23
005 075.036; 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 July 15, 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 incurr ed 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 231 Juniper Court continued to be a public 48
49
nuisance 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 6TH DAY OF AUGUST, 2024. 1
2
3
4
By: Lora Lee Boone, President 5
Prattville City Council 6
7
8
9
AUTHENTICATED THIS 6TH DAY OF AUGUST, 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
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40
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42
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RESOLUTION BOOK 2024-A, PAGE ___ 64
RESOLUTION 1
2
[To Declare the Garbage and Rubbish at 213 Brookhaven Drive a Public Nuisance and 3
Authorize the Mayor to Abate and Charge Any Incurred Expenses Pursuant to Chapter 46 et 4
seq., City of Prattville Code of Ordinances.] 5
6
{Sponsored By: Councilor Whaley} 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 213 Brookhaven Drive; 18
19
and 20
21
WHEREAS, the Autauga County tax records list the property owner as Waite Jonathan 22
23
Hunter, with an address of 213 Brookhaven Drive, Prattville, AL 36066, to Parcel Number 19 24
25
02 10 1 005 009.000; and 26
27
WHEREAS, in compliance with Section 46-31, City of Prattville Code of Ordinances, the 28
29
Code Enforcement Officer gave written notice to the owner of said property on July 15, 2024, 30
31
to correct, remedy or remove the condition of garbage and rubbish within ten (10) days; and 32
33
WHEREAS, the owner of said property has failed and/or refused to correct, remedy or 34
35
remove said condition by the expiration of said notice; and 36
37
WHEREAS, Chapter 46 et seq., City of Prattville Code of Ordinances, permits the City 38
39
Council to declare the keeping of garbage and rubbish to be a public nuisance and authorizes 40
41
the City to do such work or make such improvements that are necessary to correct, remedy or 42
43
remove such condition, pay therefore and charge the expenses incurr ed for the abatement 44
45
process to the owner of such property. 46
47
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Prattville 48
49
declares that the garbage and rubbish at 213 Brookhaven Drive continued to be a public 50
51
nuisance at the expiration of the notice of violation. 52
53
BE IT FURTHER RESOLVED that the Mayor shall have the garbage and rubbish at 54
55
said property removed using City forces or private contractors. The property owner shall have 56
57
the right to remove said nuisance at their expense provided that the removal is done prior to 58
59
the commencement of work by employees or agents of the City of Prattville; however, this does 60
61
not abolish incurred expenses. 62
63
BE IT FURTHER RESOLVED the Mayor shall keep an accounting of all costs related 64
to this request and report such costs to the City Council following its abatement. 1
2
ADOPTED THIS 6TH DAY OF AUGUST, 2024. 3
4
5
6
By: Lora Lee Boone, President 7
Prattville City Council 8
9
10
11
AUTHENTICATED THIS 6TH DAY OF AUGUST, 2024. 12
13
14
15
By: Paula G. Barlow 16
City Clerk 17
18
APPROVED: 19
20
21
22
By: Bill Gillespie, Jr. 23
Mayor 24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
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46
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RESOLUTION BOOK 2024-A, PAGE ___ 64
RESOLUTION 1
2
[To Amend the Budget, Vacate a Portion of the Sid Thompson Drive Right-Of-Way (ROW) 3
and Authorize the Release of Funds to Reimburse the State of Alabama.] 4
5
{Sponsored By: Council President Boone} 6
7
WHEREAS, the City of Prattville received a Petition for vacation of a portion of the ROW 8
9
described in Attachment A, created December 22, 2017, and recorded in the Office of the 10
11
Judge of Probate of Autauga County, Alabama, in Book 2017, at Page 20, described as the 12
13
Sid Thompson Drive ROW ; and 14
15
WHEREAS, the petitioner owns all property surrounding the proposed ROW to be 16
17
vacated; and 18
19
WHEREAS, the City Council held the required public hearing at 6:00 pm on August 6, 20
21
2024, at which time all persons were given an opportunity to be heard in favor of or opposition 22
23
to the proposed ROW vacation; and 24
25
WHEREAS, in Resolution Book 2022-A, Page 142, the City of Prattville entered into a 26
27
Construction Agreement with the State of Alabama Department of Transportation for an 28
29
Industrial Access Project for the Extension to Sid Thompson Drive to Benefit James Hardie 30
31
which shall be reimbursed; and 32
33
WHEREAS, the City of Prattville does not have plans to further develop the portion of 34
35
said ROW; and 36
37
WHEREAS, the City of Prattville concurs with the request to vacate a portion of the Sid 38
39
Thompson Drive ROW for the fair market value. 40
41
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Prattville that 42
43
the FY2024 Budget is hereby amended as follows: 44
45
Increase Capital Projects Fund/ Proceeds from Sale of Land $ 31,720.00 46
Increase Capital Projects Fund/ Economic Development $161,640.00 47
48
BE IT FURTHER RESOLVED the City Council does hereby assent to the ROW vacation 49
50
of that portion of the Sid Thompson Drive ROW in exchange for the fair market value of 51
52
$31,720.00. 53
54
BE IT FURTHER RESOLVED funds in the amount not to exceed $161,640.00 are 55
56
hereby authorized and approved to be paid to the State of Alabama to repay said 57
58
improvements, and funds are hereby approved and appropriated from the FY2024 Budget Line 59
60
Item Capital Projects Fund/ Economic Development. 61
62
BE IT FURTHER RESOLVED that the City of Prattville does hereby remise, release 63
64
and quitclaim to the aforesaid parties whatever right, title and interest the City of Prattville may 1
2
have acquired in the property, and the Mayor is authorized to execute and deliver a quitclaim 3
4
deed to James Hardie Building Products Inc. 5
6
BE IT FURTHER RESOLVED that the City Clerk shall cause a copy of this Resolution 7
8
to be filed in the Probate Court of Autauga County, Alabama, and publish as required . 9
10
ADOPTED THIS 6TH DAY OF AUGUST, 2024. 11
12
13
14
By: Lora Lee Boone, President 15
Prattville City Council 16
17
18
19
AUTHENTICATED THIS 6TH DAY OF AUGUST, 2024. 20
21
22
23
By: Paula G. Barlow 24
City Clerk 25
26
APPROVED: 27
28
29
30
By: Bill Gillespie, Jr. 31
Mayor 32
33
34
35
36
37
38
39
40
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42
43
44
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46
47
48
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RESOLUTION BOOK 2024-A, PAGE ___ 64
1
2
3
4
5
6
ORDINANCE
[To Rezone Property Located Inside the Corporate Limits at 334 Old Farm Lane from B -2
(General Business) and R-3 (Single Family Residential) to INST (Institutional) (Owner:
Prattville Lutheran Mission, Petitioner: David Slocum).]
{Sponsored By: Councilor Whaley} 7
8
BE IT ORDAINED by the City Council of the City of Prattville, Alabama, as follows: 9
10
THAT the zoning ordinance of the City of Prattville, Alabama, and the zoning map are 11
12
hereby amended to reclassify the property described in Attachment “A” from B -2 and R-3 to 13
14
INST; and 15
16
THAT this proposed Ordinance and a synopsis were advertised for two (2) weeks in the 17
18
Montgomery Advertiser, a newspaper of general circulation within the Corporate Limits of the 19
20
City of Prattville, and that the City Council at its Public Hearing on August 6, 2024, at 6:00 p.m., 21
22
considered said proposed Ordinance and that at such time and place all persons who desired 23
24
had an opportunity to be heard in favor of or in opposition to such Ordinance. 25
26
ALL other items and provisions of the zoning ordinance not herein specifically amended 27
28
shall remain in full force and effect. 29
30
THE amendments herein contained were considered and recommended by the City of 31
32
Prattville Planning Commission on June 20, 2024. 33
34
THIS Ordinance shall become effective upon its passage and execution as provided by 35
36
law. 37
38
ADOPTED THIS 6TH DAY OF AUGUST, 2024. 39
40
41
42
By: Lora Lee Boone, President 43
Prattville City Council 44
45
46
47
AUTHENTICATED THIS 6TH DAY OF AUGUST, 2024. 48
49
50
51
By: Paula G. Barlow 52
City Clerk 53
54
APPROVED: 55
56
57
58
By: Bill Gillespie, Jr. 59
Mayor 60
61
62
63
ORDINANCE BOOK 2024, PAGE ___ 64
ORDINANCE 1
City Staff working on possible addition. 2
[To Amend City of Prattville Code of Ordinances Chapter 50 - Offenses & Miscellaneous 3
Provisions, Article III. - Offenses Involving Public Peace and Order, Division 2. – Noise.] 4
5
{Sponsored By: Councilor Pro Tempore Strichik} 6
7
BE IT ORDAINED by the City Council of the City of Prattville, that Chapter 50, Article 8
9
III. - Offenses Involving Public Peace and Order, Division 2., City of Prattville Code of 10
11
Ordinances is hereby amended as follows: 12
13
Sec. 50-74. Loud and unnecessary noises—Prohibited. 14
It shall be unlawful for any person to make, continue, or cause to be made or continued any 15
loud, unnecessary or unusual noise or any noise which either annoys, disturbs, injures or 16
endangers the comfort, repose, health, peace or safety of reasonable people, within the city. 17
18
Sec. 50-75. Same—Acts enumerated; exemptions. 19
(a) Acts enumerated. The following acts, among others, are declared to be loud, disturbing 20
and unnecessary noises in violation of this Code, but such enumeration shall not be deemed 21
to be exclusive: 22
(1) Horns, signaling devices, etc. The sounding of any horn or signaling device on any 23
automobile, motorcycle, or any other vehicle on any street or public place of the city, 24
except as a danger warning; the creating by means of any signaling device of any 25
unreasonably loud or harsh sound; and the sounding of any such device for an 26
unnecessary and unreasonable period of time; the use of any signaling device 27
except one operated by hand or electricity; the use of any horn, whistle or other 28
device operated by engine exhaust; or the use of any such signaling device when 29
traffic is for any reason held up. 30
(2) Radios, televisions, phonographs, etc. The using, operating or permitting to be 31
played, used or operated any radio or television receiving set, musical instrument, 32
phonograph, or other machine or device for the purpose of producing or reproducing 33
sound in such a manner as to disturb the peace, quiet and comfort of the 34
neighboring inhabitants or at any time with more volume than is necessary for 35
convenient hearing for the person who is in the room, vehicle or chamber in which 36
such machine or device is operated and who is a voluntary listener thereto. The 37
operation of any such set, instrument, phonograph, machine or device between the 38
hours of 11:00 p.m. and 7:00 a.m. in such a manner as to be plainly audible at a 39
distance of 50 feet from the building, structure or vehicle in which it is located shall 40
be prima facie evidence of a violation of this section. 41
(3) Yelling, shouting, etc. Yelling, shouting, hooting, whistling, or singing on public 42
streets, particularly between the hours of 11:00 p.m. and 7:00 a.m., or at any time so 43
as to annoy or disturb the quiet, comfort or repose of persons in any office, or any 44
persons in the vicinity. 45
(4) Animals, birds, etc. The keeping of any animal or bird that by causing frequent or 46
long continued noise shall disturb the comfort or repose of any persons in the 47
vicinity. 48
(5) Steam whistles. The blowing of any locomotive steam whistle or steam whistle 49
attached to any stationary boiler except to give notice of the time to begin or stop 50
work or as a warning of fire or danger, or upon request of proper city authorities. 51
(6) Exhausts. The discharge into the open air of the exhaust of any steam engine, 52
stationary internal combustion engine or motorboat or any other motor vehicle 53
except through a muffler or other device which will effectively prevent loud or 54
explosive noises therefrom. 55
(7) Defect in vehicle or load. The use of any automobile, motorcycle, or other vehicle so 56
out of repair, so loaded or in such manner as to create loud and unnecessary 57
grating, grinding, rattling or other noise. 58
(8) Loading, unloading, opening boxes. The creating of a loud and excessive noise in 59
connection with loading or unloading of a vehicle or the opening or destruction of 60
bales, boxes, crates and containers. 61
(9) Construction or repairing of building. The erection, including excavation, demolition, 62
alteration or repair, of any building other than between the hours of 7:00 a.m. and 63
6:00 p.m., except in case of urgent necessity in the interest of public health and 64
safety and then only with a permit from the planning and development director, 1
which permit may be granted for a period of not to exceed three days or less while 2
the emergency continues and which permit may be renewed for periods of three 3
days or less while the emergency continues. If the director should determine that the 4
public health and safety will not be impaired by the erection, demolition, alteration or 5
repair of any building or the excavation of streets and highways within the hours of 6
6:00 p.m. and 7:00 a.m., and if such director shall further determine that loss or 7
inconvenience would not result to any party in interest, such director may grant 8
permission for such work to be done within the hours of 6:00 p.m. and 7:00 a.m., 9
upon application being made at the time the permit for the work is awarded or during 10
the progress of the work. 11
(10) Schools, courts, churches, hospitals. The creation of any excessive noise on any 12
street adjacent to any school, institution of learning, court or church, while any of the 13
same is in use, or adjacent to any hospital, which unreasonably interferes with the 14
workings of such institutions, or which disturbs or unduly annoys patients in the 15
hospital, provided conspicuous signs are displayed in such streets indicating that the 16
same is a school, hospital or court street. 17
(11) Hawkers, peddlers. The shouting and crying of wares, ringing bells or use of other 18
noise-making devices by peddlers, hawkers and vendors which disturbs the peace 19
and quiet of the neighborhood. 20
(12) Drums, loudspeakers, etc. The use of any drum, loudspeaker, or other instrument or 21
device for the purpose of attracting attention by creation of noise to any 22
performance, show, sale or display of merchandise is hereby declared to be 23
unlawful unless such performance, show, sale or display has on display, and 24
available for inspection, a permit issued by the chief of police, which permit may be 25
issued by the chief of police upon application, exhibition and demonstration of the 26
device to be used for the creation of the noise, and the payment of an application or 27
permit fee of $10.00 which permit may be issued if the demonstration or exhibition 28
does not create a disturbance in its use fo r its intended purpose. 29
(13) Metal rails, pillars and columns, transportation thereof. The transportation of rails, 30
pillars or columns of iron, steel or other material, over and along the streets and 31
other public places upon carts, drays, cars, or trucks, which in any way disturbs the 32
peace and quiet of persons in such streets or public places. 33
(14) Railroads, operation thereof. The causing, permitting or continuing of any excessive, 34
unnecessary and avoidable noise in the operation of a railroad locomotive or cars. 35
(15) Piledrivers, hammers, etc. The operation between the hours of 10:00 p.m. and 7:00 36
a.m. of any piledriver, steam shovel, pneumatic hammer, derrick, steam or electric 37
hoist or other appliances, the use of which is attended by loud or unusual noise. 38
(16) Blowers. The operation of any noise-creating blower or power fan or any internal 39
combustion engine, the operation of which causes noise due to the explosion of the 40
operating gases or fluids, unless the noise from such blower or fan is muffled and 41
such engine is equipped with a muffler device sufficient to deaden such noise. 42
(17) Pickup/delivery of waste containers. The pickup or delivery of solid waste and 43
construction waste containers or the pickup of waste collected in said containers 44
other than between the hours of 7:00 a.m. and 9:00 p.m., except on those properties 45
classified as M-1 or M-2 in appendix A, Zoning. 46
(b) Exemptions. The following uses and activities shall be exempt from noise level 47
regulations: 48
(1) Safety signals, warning devices, emergency pressure relief valves. Noises of safety 49
signals, warning devices and emergency pressure relief valves. 50
(2) Emergency vehicles. Noises resulting from any authorized emergency vehicle, when 51
responding to an emergency call or acting in the time of an emergency. 52
(3) Permitted disturbances. Any other noise resulting from activities of temporary 53
duration permitted by law and for which a license or permit has been granted by the 54
city in accordance with its ordinances and laws. 55
56
Sec. 50-76. Same—Tests and standards. 57
(a) Factors to consider. The standards that shall be considered in determining whether a 58
violation of sections 50-74 and 50-75 exists shall include, but not be limited to, the following: 59
(1) Volume. Volume of the noise. 60
(2) Intensity. Intensity of the noise. 61
(3) Usual or unusual. Whether the nature of the noise is usual or unusual. 62
(4) Natural or unnatural. Whether the origin of the noise is natural or unnatural. 63
(5) Background noise. Volume and intensity of the background noise, if any. 64
(6) Proximity. Proximity of the noise to residential sleeping facilities. 1
(7) Nature of area. Nature and zoning of the area within which the noise emanates. 2
(8) Density of area. Density of inhabitation of the area within which the noise emanates. 3
(9) Time. Time of the day or night the noise occurs. 4
(10) Duration. Duration of the noise. 5
(11) Frequency. Whether the noise is recurrent, intermittent or constant. 6
(12) Commercial or noncommercial. Whether the noise is produced by a commercial or 7
noncommercial activity 8
(b) Tables. 9
10
(1) Table I. 11
LIMITING NOISE LEVELS FOR USE DISTRICTS 12
Octave band center
frequency cycles per second
Maximum permissible sound pressure (levels in decibels re: 0.0002
microbars)
Use District
Residential Commercial Manufacturing
Below 75 65 79 80
75 to 150 60 74 75
150 to 300 55 66 70
300 to 600 55 59 64
600 to 1200 45 53 58
1200 to 2400 45 47 53
2400 to 4800 40 41 49
Above 4800 40 39 46
If the noise is not smooth and continuous, one or more of the corrections in table II in subsection 13
(b)(2) of this section shall be added to or subtracted from each of the decibel levels given in 14
table I of this subsection. 15
16
(2) Table II 17
TYPE OF OPERATION IN CHARACTER OF NOISE 18
(Correction in decibels) 19
Noise source operated less than 20 percent of any one-hour period plus five*
Noise source operated less than five percent of any one-hour period plus ten*
Noise source operated less than one percent of any one-hour period plus 15*
Noise of impulsive character (e.g., hammering) minus five
Noise of periodic character (e.g., hum, screech) minus five
*Apply one of these corrections only 20
If the noise occurs between the hours of 10:00 p.m. and 7:00 a.m. on Monday through 21
Saturday or at any time on Sunday or holidays, seven shall be subtracted from each of the 22
decibel levels given in table I of subsection (b)(1) of this section. It shall be unlawful to operate 23
a motorized vehicle within the city limits which creates a noise or sound which exceeds the 24
noise level limits set out in table III of subsection (b)(3) of this section. 25
26
27
28
29
30
31
32
33
34
35
36
(3) Table III. 1
LIMITING NOISE LEVELS FROM VEHICLES 2
Maximum distance dB(A)
Trucks and buses
—Over 10,000 pounds 50 feet 97
25 feet 93
—Under 10,000 pounds 50 feet 80
25 feet 86
Passenger cars 50 feet 78
25 feet 84
Motorcycles, including other vehicles 50 feet 87
25 feet 93
3
Sec. 50-77 – 50.95. – Reserved. 4
5
THIS Ordinance shall become effective upon its passage and execution as provided by 6
7
law. 8
9
ADOPTED THIS 6TH DAY OF AUGUST, 2024. 10
11
12
13
By: Lora Lee Boone, President 14
Prattville City Council 15
16
AUTHENTICATED THIS 6TH DAY OF AUGUST, 2024. 17
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By: Paula G. Barlow 21
City Clerk 22
23
APPROVED: 24
25
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27
By: Bill Gillespie, Jr. 28
Mayor 29
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46
ORDINANCE BOOK 2024, PAGE ___ 47
1
2
3
4
ORDINANCE
[To Repeal Chapter 109 – Floods, Article II. – Flood Damage Prevention, and its
Amendments and Replace it with Chapter 109 – Floods, Article II. - Flood
Damage Prevention 109-19 through 109-92, Inclusive.] 5
6
{Sponsored By: Councilor Chambers} 7
8
WHEREAS the National Flood Insurance Program (NFIP) is managed by the Federal 9
10
Emergency Management Agency (FEMA). Communities are not required to participate in the 11
12
program by any law or regulation, but instead participate voluntarily in order to obtain access 13
14
to NFIP flood insurance. Communities that choose to participate in the NFIP are required to 15
16
adopt and enforce a floodplain development ordinance with land use and control measures 17
18
that include effective enforcement provisions to regulate development in the floodplain resulting 19
20
in reduced future flood losses; and 21
22
WHEREAS FEMA has set forth in federal regulations the minimum standards required 23
24
for participation in the NFIP; however, these standards have the force of law only because they 25
26
are adopted and enforced by a state or local government; referred to as a NFIP community. 27
28
Legal enforcement of the floodplain management standards is the responsibility of the 29
30
participating NFIP community, which can elect to adopt higher standards as a means of 31
32
mitigating flood risk; and 33
34
WHEREAS the City of Prattville agrees to adopt and enforce this Ordinance, which 35
36
meets or exceeds the minimum standards of the Code of Federal Regulations Title 44 §60.3 in 37
38
order to participate in the NFIP and have access to federal flood insurance and other federal 39
40
assistance. 41
42
BE IT ORDAINED by the City Council of the City of Prattville, that Chapter 109, Article 43
44
II., City of Prattville Code of Ordinances is hereby repealed and replaced as follows: 45
46
DIVISION 1. - Statutory Authorization, Findings of Facts, Purpose, and Objectives 47
48
Sec. 109-19. Statutory authorization. 49
The Legislature of the State of Alabama has in Title 11, Chapter 19, Sections 1 -24; Chapter 50
45, Sections 1-11; Chapter 52, Sections 1-84; and Title 41, Chapter 9, Section 166 of the Code 51
of Alabama, 1975, authorized local government units to adopt regulati ons designed to promote 52
the public health, safety, and general welfare of its citizenry. Therefore, the City Council of the 53
City of Prattville, Alabama, does ordain as follows: 54
Sec. 109-20. Findings of fact. 55
(1)The flood hazard areas of Prattville, Alabama (the Federal Emergency Management56
Agency’s [FEMA] designated Special Flood Hazard Areas (SFHAs) or other areas57
designated by the City of Prattville as flood-prone areas) are subject to periodic58
inundation which may result in loss of life and property, health and safety hazards,59
disruption of commerce and governmental services, extraordinary public60
expenditures for flood relief and protection, and impairment of the tax base, all of61
which adversely affect public health, safety, and general welfare.62
(2) These flood losses are caused most often by development, as defined in this 1
Ordinance, in areas designated as FEMA SFHAs or other areas designated by the 2
City of Prattville as vulnerable to flooding, including structures which are 3
inadequately elevated or floodproofed (only non-residential structures) or are 4
otherwise unprotected from flood damages; or by the cumulative effect of 5
development in areas subject to flooding that cause increases in flood heights and 6
velocities. 7
Sec. 109-21. Statement of purpose. 8
It is the purpose of this Ordinance to promote the public health, safety, and general welfare 9
and to minimize public and private losses due to flood conditions in specific areas by 10
provisions designed to: 11
(1) Require that uses vulnerable to floods, including facilities which serve such uses, 12
be protected against flood damage at the time of initial construction. 13
(2) Restrict or prohibit uses which are dangerous to health, safety, and property due to 14
water or erosion hazards, or which increase flood heights, velocities, or erosion. 15
(3) Control development (including filling, grading, paving, dredging, and all other 16
development as defined in this Ordinance). 17
(4) Prevent or regulate the construction of flood barriers which will unnaturally divert 18
flood waters, or which may increase flood hazards to other lands. 19
(5) Control the alteration of natural floodplains, stream channels, and natural protective 20
barriers which may influence the flow of water. 21
Sec. 109-22. Objectives. 22
The objectives of this Ordinance are to: 23
(1) Protect human life and health; 24
(2) Minimize damage to public facilities and utilities such as water and gas mains, 25
electric, telephone and sewer lines, streets and bridges located in floodplains; 26
(3) Help maintain a stable tax base by providing for the sound use and development of 27
flood-prone areas in such a manner as to minimize flood blight areas; 28
(4) Minimize expenditure of public money for costly flood control projects; 29
(5) Minimize the need for rescue and relief efforts associated with flooding and generally 30
undertaken at the expense of the general public; 31
(6) Minimize prolonged business interruptions; and 32
(7) When asked for assistance regarding flood risk, ensure that potential home buyers 33
are aware that a property is in an area subject to flooding. 34
Secs. 109-23—109-29. Reserved. 35
36
DIVISION 2. – General Provisions 37
38
Sec. 109-30. Lands to which this division applies. 39
This Ordinance shall apply to all FEMA SFHAs and any additional areas designated by the City 40
of Prattville as floodplains or areas subject to flooding within the jurisdiction of the City of 41
Prattville, Alabama. 42
Sec. 109-31. Basis for special flood hazard areas. 43
The SFHAs identified by FEMA in Autauga County’s and Elmore County’s Flood Insurance 44
Study (FIS), dated June 16, 2009, with accompanying Flood Insurance Rate Maps (FIRMs) 45
and other supporting data and any revision thereto, are adopted by reference and declared 46
a part of this Ordinance. For those lands acquired by a municipality through annexation, the 47
current effective FIS and data for Autauga County or Elmore County are hereby adopted by 48
reference. Community Flood Hazard Areas may also be regulated as SFHAs. FEMA 49
encourages communities to adopt areas prone to flooding to be added to the FIRMs. They may 50
include those areas known to have flooded historically or that have been defined through 51
standard engineering analysis by a professional engineer, licensed to practice in the State of 52
Alabama; or by governmental agencies or private organizations that are not ye t incorporated 53
into the FIS or otherwise designated by the community. 54
The following areas are designated as Community Flood Hazard Areas and will be regulated and 55
permitted in like manner as the Special Flood Hazard Areas: [Reserved] 56
When Preliminary Flood Insurance Studies and Flood Insurance Rate Maps have been 57
provided by FEMA to the City of Prattville: 58
(1) Prior to the issuance of a Letter of Final Determination by FEMA, the use of the 59
preliminary flood hazard data shall only be required where no BFEs and/or floodway areas 60
exist or where the preliminary BFEs or floodway area exceed the BFEs and/or floodway 61
widths in the effective flood hazard data provided by FEMA. Such preliminary data may 62
be subject to revision through valid appeals. 63
64
(2) Upon the issuance of a Letter of Final Determination (LFD) by FEMA, the revised flood 1
hazard data shall be used and replace all previously effective flood hazard data provided 2
by FEMA for the purposes of administrating these regulations. 3
Where adopted regulatory standards conflict, the more stringent BFE shall prevail. Preliminary 4
FIS data may be subject to change by a valid appeal. 5
Sec. 109-32. Establishment of a floodplain development permit. 6
A Development Permit shall be required in conformance with the provisions of this Ordinance 7
PRIOR to the commencement of any development, as defined in this Ordinance, in identified 8
SFHAs and any additional identified Community Flood Hazard Areas within the community. 9
Sec. 109-33. Compliance. 10
No structure or land shall hereafter be located, extended, converted or altered without full 11
compliance with the terms of this Ordinance and other applicable regulations. 12
Sec. 109-34. Abrogation and greater restrictions. 13
This Ordinance is not intended to repeal, abrogate, or impair any existing ordinance, 14
easements, covenants, or deed restrictions. However, where this Ordinance and another 15
conflict or overlap, whichever imposes the more stringent restrictions shall prevail. 16
Sec. 109-35. Interpretation. 17
In the interpretation and application of this Division all provisions shall be: (1) considered as 18
minimum requirements; (2) liberally construed in favor of the governing body, and (3) deemed 19
neither to limit nor repeal any other powers granted under state statutes. 20
Sec. 109-36. Warning and disclaimer of liability. 21
The degree of flood protection required by this Ordinance is considered reasonable for 22
regulatory purposes and is based on scientific and engineering considerations. Larger floods 23
can and will occur; flood heights may be increased by man -made or natural causes. This 24
Ordinance does not imply that land outside the SFHAs or other identified areas subject to 25
flooding or uses permitted within such areas will be free from flooding or flood damages. This 26
Ordinance shall not create liability on the part of City of Prattville or by any officer or employee 27
thereof for any flood damages that result from reliance on this Ordinance or any administrative 28
decision lawfully made thereunder. 29
Sec. 109-37. Penalties for violation. 30
Violation of the provisions of this Ordinance or failure to comply with any of its requirements, 31
including violation of conditions and safeguards established in connection with grants of 32
variance or special exceptions shall constitute a misdemeanor. The Code of Alabama 33
(1975), Title 11, Chapters 19 and 45 grant local governments in Alabama the authority to 34
administer the enforcement provisions stated within this section of the Ordinance. 35
(1) Stop Work Order. The community may issue a stop work order, which shall be served on 36
the applicant or other responsible person. 37
(a) Upon notice from the Administrator, work on any building, structure or premises 38
that is being performed contrary to the provisions of this Ordinance shall 39
immediately cease. 40
(b) Such notice shall be in writing and shall be given to the owner of the property, or 41
to his or her agent, or to the person doing the work, and shall state the conditions 42
under which work may be resumed. 43
The stop work order shall remain in effect until the applicant or other responsible person 44
has taken the remedial measures set forth in the notice of violation or has otherwise 45
cured the violation or violations described therein. The stop work order must include a 46
provision that it may be withdrawn or modified to enable the applicant or other 47
responsible person to take the necessary remedial measures to cure such violation or 48
violations. 49
(2) Notice of Violation. If the community determines that an applicant or other responsible party 50
for the development has failed to comply with the terms and conditions of a permit, or 51
otherwise not in accordance with the provisions of this Ordinance, it shall issue a written 52
Notice of Violation, by certified return receipt mail, to such applicant or other responsible 53
person. Where the person is engaged in activity covered by this Ordinance with out having 54
first secured a permit, the notice shall be served on the owner or the party in charge of the 55
activity being conducted on the site. Therefore, any work undertaken prior to submission 56
and approval of an official permit by the City of Prattville or otherwise not in accordance with 57
this Ordinance shall constitute a violation of this Ordinance and be at the permit holder's 58
risk. The notice of violation shall contain: 59
(a) The name and address of the owner or the applicant or the responsible party; 60
(b) The address or other description of the site upon which the violation is occurring; 61
(c) A statement specifying the nature of the violation (including failure to obtain a 62
permit); 63
(d) A description of the remedial measures necessary to bring the action or inaction 64
into compliance with the permit or this Ordinance and the date for the completion 1
of such remedial action; 2
(e)A statement of the penalty or penalties that may be assessed against the person3
to whom the notice of violation is directed, and;4
(f)A statement in the Notice of Violation shall be included that the determination of5
violation may be appealed to the community by filing a written Notice of Appeal6
within ten (10) working days after the Notice of Violation. Exceptions for the7
deadline for this Notice include: 1) in the event the violation constitutes a danger8
to public health or public safety, then a 24-hour notice shall be given; 2) if there’s9
an imminent or immediate threat to life or property, then immediate action is10
required.11
(3)Civil penalties. Any person who violates this Ordinance or fails to comply with any of its12
requirements shall, upon conviction thereof, be fined not more than $500.00 or imprisoned13
for not more than 30 days, or both, and in addition, shall pay all costs and expenses involved14
in the case: Each day such violation continues following receipt of the Notice of Violation15
shall be considered a separate offense. Nothing contained herein shall prevent the City of16
Prattville from taking such other lawful actions as is necessa ry to prevent or remedy any17
violation.18
(4)Additional Enforcement Actions. If the remedial measures described in the Notice of19
Violation have not been completed by the date set forth in the Notice of Violation, any one20
or more of the following enforcement actions may be enacted against the person to whom21
the Notice of Violation was directed.22
23
Before taking any of the following enforcement actions or imposing any of the following 24
penalties, the City of Prattville shall first notify the applicant or other respon sible person 25
in writing of its intended action. The City of Prattville shall provide reasonable 26
opportunity, of not less than ten days (except, in the event the violation constitutes a 27
danger to public health or public safety, then a 24-hour notice shall be sufficient; if there’s 28
an imminent or immediate threat to the public health or public safety then immediate 29
action is required) to cure such violation. 30
31
In the event the applicant or other responsible party fails to cure such violation after such 32
notice and cure period, the City of Prattville may take or impose any one or more of the 33
enforcement actions or penalties listed below. 34
(a)Termination of water service and/or withhold or revoke Certificate of Occupancy.35
The community may terminate utility services to the property and/or refuse to36
issue and/or revoke a certificate of occupancy for the building or other37
improvements/repairs conducted on the site. The order shall remain in -place until38
the applicant or other responsible party has taken the remedial mea sures set forth39
in the Notice of Violation or has otherwise cured the violation or violations40
described therein.41
(b)Suspension, revocation, or modifications of permit. The community may suspend,42
revoke, or modify the permit that authorizes the development pr oject. A43
suspended, revoked, or modified permit may be reinstated after the applicant or44
other responsible party has taken the remedial measures set forth in the Notice45
of Violation or has otherwise cured the violations described therein, provided such46
permit may be reinstated (upon such conditions as the community may deem47
necessary). That would enable the applicant or other responsible party to take48
the necessary remedial measures to cure such violations.49
i.The Administrator may revoke a permit issued u nder the provisions of50
this Ordinance, in case there has been any false statement or51
misrepresentation as to the material fact in the application or plans on52
which the permit or approval was based.53
ii. The Administrator may revoke a permit upon determination that the54
construction, erection, alteration, repair, moving, demolition, installation,55
or replacement of the structure for which the permit was issued is in56
violation of, or not in conformity with, the provisions of this Ordinance.57
(c)Section 1316 Declaration. A Section 1316 declaration shall be used only when all58
other legal means included in this Ordinance to remedy a violation have been59
exhausted and the structure remains non-compliant. Once invoked, the property’s60
flood insurance coverage will be terminated and no new or renewal policy can be61
issued, no NFIP insurance claim can be paid on any policy on the property, and62
federal disaster assistance will be denied for the property.63
64
The declaration must be in writing (letter or citation), from the commun ity to the 1
property owner and to the FEMA Regional Office, and must contain the following 2
items: 3
i.The name(s) of the property owner(s) and address or legal description of4
the property sufficient to confirm its identity and location;5
ii.A clear and unequivocal declaration that the property is in violation of a6
cited State or local law, regulation or ordinance;7
iii.A clear statement that the public body making the declaration has8
authority to do so and a citation of that authority;9
iv.Evidence that the community has taken and exhausted all legal means to10
remedy the violation, including all Community enforcement actions, as11
specified in this Ordinance; and12
v.Notice of violation, and a statement regarding the prospective denial of13
insurance.14
The structure will be considered a violation until such time the violation has 15
been remedied. If a structure that has received a Section 1316 declaration is 16
made compliant with the all the applicable provisions of this Ordinance, then 17
the Section 1316 declaration can be rescinded by the community and flood 18
insurance eligibility restored. 19
(5)Administrative appeal; judicial review. Any person receiving a Notice of Violation may20
appeal the determination of the community, including but not limited to the issuance of a21
stop work order, the assessment of an administratively-imposed monetary penalty, the22
suspension, revocation, modification, or grant with condition of a permit by the community23
upon finding that the holder is in violation of permit conditions, or that the holder is in24
violation of any applicable ordinance or any of the community's rules and regulations, or25
the issuance of a notice of bond forfeiture.26
The Notice of Appeal must be in writing to the Floodplain Administrator and must be27
received within ten (10) days from the date of the Notice of Violation. A hearing on the28
appeal shall take place within thirty (30) days from the date of receipt of the Notice of29
Appeal.30
(6)All appeals shall be heard and decided by the community's designated appeals board,31
which shall be Prattville Board of Zoning Adjustment, or their designees. The appeals board32
shall have the power to affirm, modify, or reject the original penalty, including the right to33
increase or decrease the amount of any monetary penalty and the right to add or delete34
remedial actions required for correction of the violation and compliance with the35
community's floodplain development ordinance, and any other applicable local, state, or36
federal requirements. Appeals cannot be in opposition to the provisions of this Ordinance.37
The decision of the appeal board shall be final.38
(7)A judicial review can be requested by any person aggrieved by a decision or order of the39
community, after exhausting his/her administrative remedies. They shall have the right to40
appeal de novo to the appropriate circuit court.41
Sec. 109-38. Savings clause. 42
If any section, subsection, sentence, clause, phrase, or word of this Ordinance is for any reason 43
held to be noncompliant with 44 Code of Federal Regulation 59 -78, such decision shall not 44
affect the validity of the remaining portions of this Ordinance. 45
Sec. 109-39. Repealer. 46
Ordinance Book 2021, Page 002, of the City of Prattville, Alabama is hereby repealed. This 47
Repealer shall not, however, effect, terminate, or preclude any rights, duties, requirements or 48
terms which arose or existed while said Ordinance was in effect, all of which are specifically 49
preserved. 50
Secs. 109-40—109-49. - Reserved. 51
52
DIVISION 3. – Administration 53
54
Sec. 109-50. Designation of floodplain administrator. 55
The Director of Planning & Development is hereby appointed to administer and implement the 56
provisions of this Ordinance. The Director of Planning & Development shall hereto after be 57
referred to as the Floodplain Administrator in this Ordinance. 58
Sec. 109-51. Permit procedures. 59
Application for a Floodplain Development Permit shall be made to the Floodplain Administrator 60
on forms furnished by the community PRIOR to any development (any man-made change to 61
improved or unimproved real estate, including, but not limited to, buildings or other structures, 62
mining, dredging, filling, grading, paving, excavation, drilling operations, or storage of 63
equipment or materials) in the SFHAs of the community, and may include, but not be limited 64
to, the following: plans in duplicate drawn to scale showing the elevations of the area of 1
development and the nature, location, and dimensions of existing or proposed development. 2
Specifically, the following procedures and information are required for all projects in the SFHA 3
or other designated floodplains within the jurisdiction of the City of Prattville: 4
(1) Application Stage 5
Plot plans are to include: 6
(a) The BFEs where provided as set forth in Division 4, Section 109-61 and 62; 7
(b) Boundary of the Special Flood Hazard Area and floodway(s) as delineated on the 8
FIRM or other flood map as determined in Division 2, Section 109.31; 9
(c) Flood zone designation of the proposed development area as determined on the 10
FIRM or other flood map as set forth in Division 2, Section 109.31; 11
(d) Elevation in relation to mean sea level (or highest adjacent grade) of the regulatory 12
lowest floor elevation, including basement, of all proposed structures; 13
(e) Elevation in relation to mean sea level to which any non -residential structure will be 14
flood-proofed; 15
(f) Design certification from a professional engineer, who is licensed to practice in the 16
State of Alabama, or a licensed architect, who is registered to practice in the State 17
of Alabama, that any proposed non-residential flood-proofed structure will meet the 18
flood-proofing criteria of Division 4, Sections 109-61(2) and 109-64(2); 19
(g) A Foundation Plan, drawn to scale, that shall include details of the proposed 20
foundation system to ensure all provisions of this Ordinance are met. These details 21
include, but are not limited to, the proposed method of elevation (i.e., fill, solid 22
foundation perimeter wall, solid backfilled foundation, open foundation on 23
columns/posts/piers/piles/shear walls) and description of any flood ope nings 24
required in accordance with Division 4, Sections 109-61(1) and 109-61(3) when solid 25
foundation perimeter walls are used. 26
(h) Usage details of any enclosed areas below the lowest floor shall be described. 27
(i) Plans and/or details for the protection of public utilities and facilities such as sewer, 28
gas, electrical, and water systems to be located and constructed to minimize flood 29
damage. 30
(j) Description of the extent to which any watercourse will be altered or relocated as a 31
result of a proposed development including current and proposed locations of the 32
watercourse. An engineering report shall be prepared by a professional engineer, 33
who is licensed to practice in the State of Alabama, on the effects of the proposed 34
project on the flood-carrying capacity of the watercourse and the effects to properties 35
located both upstream and downstream. The affected properties shall be depicted 36
on a map or on the plot plan. 37
(k) Certification of the plot plan by a professional engineer or surveyor, who is licensed 38
to practice in the State of Alabama, is required. 39
(l) In any lot or lots/areas that will be or have been removed from the special flood 40
hazard area utilizing a Letter of Map Revision Based on Fill (LOMR-F), the top of fill 41
elevation must meet the community's freeboard elevation at that location. If the top 42
of fill elevation is below the freeboard elevation, all new structures, additions to 43
existing buildings or substantial improvements must meet the required community 44
freeboard elevation. 45
(2) Construction Stage 46
For all new construction and substantial improvements, the permit holder shall provide 47
to the Floodplain Administrator an as-built certification of the regulatory floor elevation 48
or flood-proofing level using appropriate FEMA elevation or floodproofing 49
certificate immediately after the lowest floor or flood-proofing is completed. In addition: 50
(a) When flood-proofing is utilized for non-residential structures, said certification shall 51
be prepared by professional engineer, who is licensed to practice in the State of 52
Alabama, or architect, who is registered to practice in the State of Alabama. 53
(b) Any work undertaken prior to submission of these certifications shall be at the 54
permit holder's risk. 55
(c) The Floodplain Administrator shall review the above referenced certification data 56
submitted. Deficiencies detected by such review shall be corrected by the permit 57
holder immediately and prior to further work being allowed. Failure to submit 58
certification or failure to make the required corrections, shall be cause to issue a 59
Notice of Violation and/or Stop-Work Order for the project. 60
(d) The Floodplain Administrator shall make periodic inspections of projects during 61
construction throughout the SFHAs within the jurisdiction of the community to ensure 62
that the work is being done according to the provisions of this Ordinance and the 63
terms of the permit. Members of the Planning & Development Department or Building 64
Department shall have a right, upon presentation of proper credentials, to enter on 1
any premises within the territorial jurisdiction of the City of Prattville during normal 2
business hours of the community for the purposes of inspection or other enforcement 3
action. 4
(e)The Floodplain Administrator may revoke and require the return of the floodplain5
development permit by notifying the permit holder in writing stating the reason(s)6
for the revocation. Permits shall be revoked for any departure from the approved7
application, plans, and specifications; for refusal or failure to comply with the8
requirements of State or local laws; or for false statem ents or misrepresentations9
made in securing the permit. Any floodplain development permit mistakenly issued10
in violation of an applicable State or local law may also be revoked.11
(3)Finished Construction12
Upon completion of construction, a FEMA elevation certificate (FEMA Form 81 -31 or13
equivalent), which depicts all finished construction elevations, must be submitted to the14
Floodplain Administrator prior to issuance of a Certificate of Occupancy.15
(a)If the project includes a floodproofing measure, a FEMA floodproofing certificate16
must be submitted by the permit holder to the Floodplain Administrator.17
(b)The Floodplain Administrator shall review the certificate(s) and the data submitted.18
Deficiencies detected by such review shall be corrected by the permit holder19
immediately and prior to Certificate of Compliance/Occupancy issuance.20
(c)In some instances, another certification may be required to certify corrected as-built21
construction. Failure to submit the certification or failure to make required corrections22
shall be cause to withhold the issuance of a Certificate of Compliance/Occupancy.23
(d)Documentation regarding completion of and compliance with the requirements24
stated in the permit application and with Division 3, Section 109-51(1) of this25
Ordinance shall be provided to the local Floodplain Administrator at the completion26
of construction or records shall be maintained throughout the Construction Stage by27
inspectors for the Floodplain Administrator. Failure to provid e the required28
documentation shall be cause to withhold the issuance of a Certificate of29
Compliance/Occupancy.30
(e)All records that pertain to the administration of this Ordinance shall be maintained in31
perpetuity and made available for public inspection, rec ognizing that such32
information may be subject to the Privacy Act of 1974, as amended.33
Sec. 109-52. Duties and responsibilities of the floodplain administrator. 34
The Floodplain Administrator and his/her designated staff is hereby authorized and directed 35
to enforce the provisions of this Ordinance. The Floodplain Administrator is further 36
authorized to render interpretations of this Ordinance, which are consistent with its spirit and 37
purpose. Duties of the Floodplain Administrator shall include, but shall not be limited to: 38
(1)Require permits for all proposed construction or other development in the community,39
including the placement of manufactured homes, so that it may be determined whether40
such construction or other development is proposed within flood -prone areas. Ensure the41
public is aware that floodplain development permits are required for development in SFHAs.42
(2)Conduct regular inspections of the community’s SFHAs for any unpermitted development43
and issue Stop Work Orders and Notice of Violations for any su ch development. Any44
unpermitted structure or non-structural development in the SFHA will be considered a45
violation until such time that the violation has been remedied.46
(3)Review proposed development to assure that all necessary permits have been received47
from those governmental agencies from which approval is required by Federal or State law,48
including section 404 of the Federal Water Pollution Control Act Amendments of 1972, 3349
U.S.C. 1334. Maintain such permits permanently with floodplain development permit file.50
(4)Review all permit applications of proposed development, to determine whether the51
proposed construction or other development will be reasonably safe from flooding and to52
assure compliance with this Ordinance.53
(a)If the provisions of this Ordinance have been met, approve the permit.54
(b)If the provisions of this Ordinance have not been met, request that either55
corrections and accurate completion of the application be made or disapprove56
the permit.57
(5)When BFE data or floodway data have not been provided in accordance with Division 2,58
Section 109-31 then the Floodplain Administrator shall obtain, review and reasonably utilize59
any BFE and floodway data available from a Federal, State, or other sources in order to60
administer the provisions of Division 4.61
(6)Verify and record the actual elevation of the lowest floor, in relation to mean sea level (or62
highest adjacent grade), including basement, of all new construction or substantially63
improved residential structures in accordance with Division 3, Section 109-51(2).64
(a) Review elevation certificates and require incomplete or incorrect certificates to be 1
corrected and resubmitted for approval. 2
(b) A post-construction elevation certificate is required to be kept with the permit and 3
certificate of occupancy in perpetuity; a pre-construction elevation certificate can be 4
used to ensure the correct elevation for the lowest floor and machinery along with 5
the correct number of vents that will be used. 6
(7) Verify and record the actual elevation, in relation to mean sea level to which any new or 7
substantially improved non-residential structures have been elevated or floodproofed, in 8
accordance with Division 3, Section 109 -51, or Division 4, Sections 109-61(2) and 109-9
64(2). 10
(8) When floodproofing is utilized for a non-residential structure, the Floodplain Administrator 11
shall obtain certification of design criteria from a professional engineer, licensed to practice 12
in the State of Alabama, or licensed architect, registered to practice in the State of 13
Alabama, in accordance with Division 3, Section 109-51(1) and Division 4, Section 109-14
61(2) or 109-64(2). 15
(9) Notify adjacent communities and the Alabama Department of Environmental Management 16
and the appropriate district office of the U.S. Army Corps of Engineers prior to any 17
alteration or relocation of a watercourse. Submit evidence of such notification to FEMA 18
and the NFIP State Coordinator’s Office (Alabama Department of Economic and 19
Community Affairs, Office of Water Resources). 20
(10) For any altered or relocated watercourse, submit engineering data/analysis within six (6) 21
months after completion of the project to FEMA and State to ensure accuracy of community 22
flood maps through the Letter of Map Revision process. Assure flood carrying capacity of 23
any altered or relocated watercourse is maintained following completion of the project. 24
(11) Where interpretation is needed as to the exact location of boundaries of the SFHA (for 25
example, where there appears to be a conflict between a mapped boundary and actual 26
field conditions), the Floodplain Administrator shall make the necessary interpretation. Any 27
person contesting the location of the boundary shall be given a reasonable opportunity to 28
appeal the interpretation as provided in this Ordinance. 29
(12) All records pertaining to the provisions of this Ordinance shall be maintained, in perpetuity, 30
at the office of the Floodplain Administrator and shall be available for public inspection 31
when requested. 32
(13) For any improvements made to existing construction located in the SFHA (as 33
established in Division 2, 109-31(2) ensure that a permit is obtained. Also, conduct 34
Substantial Improvement (SI) (as defined in Division 6 of this Ordinance) reviews and 35
analysis of all structural development permit applications. Maintain a record of the SI 36
calculations and comments within the permit files in accordance with this Division. 37
(14) For any residential and nonresidential structures located in the SFHAs that are 38
damaged from any source, natural hazard or man -made, conduct Substantial Damage 39
(SD) (as defined in Division 6 of this Ordinance) assessments. 40
(a) The Floodplain Administrator shall ensure that permits are obtained, in accordance 41
with this Ordinance, prior to any repairs commencing. 42
(b) The Floodplain Administrator should follow the procedures in its Community 43
Substantial Damage Management Plan to help enable the community to 44
adequately manage the SI/SD determination process and the permitting and 45
inspections for repairs during a post-disaster recovery. 46
(c) Make SD determinations whenever structures within the SFHA area are 47
damaged by any cause or origin. SD determinations shall not be waived to expedite 48
the rebuilding process during a post-disaster recovery or for any other reason. 49
(d) If the community has a large number of buildings in their SFHA that have been 50
damaged, they should decide in advance how best to handle permitting and 51
inspecting damaged buildings for substantial damage determinations. 52
(e) If required, a moratorium may be placed on all non-disaster related construction 53
permits until the community has sufficiently completed its SD determinations. 54
(f) The SD determinations should be performed immediately after the damage -causing 55
event or other cause of damage. 56
(g) The community shall utilize methods and tools for collecting building data and 57
performing analyses that will provide reasonable and defensible SD 58
determinations. Those tools shall be capable of generating reports for record -59
keeping purposes and to provide to the applicable property o wners if requested. 60
(h) Maintain a record of the SD calculations within permit files in accordance with this 61
Division. 62
(i) If the SD determination finds that the extent that the cost of restoring the structure 63
to its before damaged condition would equal or exceed 50 percent of the market 64
value of the structure before the damage occurred, the Floodplain Administrator 1
shall: 2
i. Coordinate with the property owner and issue a letter to convey the SD 3
determination. 4
ii. Determine if the damage was caused by flooding and inc lude the cause in 5
the letter to the property owner. Also, include whether or not the structure 6
qualifies as a repetitive loss structure per the definitions in Division 6 of this 7
Ordinance. The information can be used to determine if the claim is eligible 8
for an Increased Cost of Compliance claim. 9
iii. Coordinate with property owners and insurance companies for any NFIP 10
claims. 11
iv. If the repairs are to proceed, coordinate with the permit applicant to ensure 12
a permit is obtained and inspections are conducted to ens ure that all 13
applicable provisions of this Ordinance are adhered to without exception or 14
waiver. 15
(j) Ensure that phased improvements and incremental repairs do not circumvent the 16
SI/SD requirements. 17
(k) Ensure that any combinations of elective improvements being made in addition to 18
the necessary repairs to damages are included in making the SI/SD determination. 19
(l) An applicant for a permit may appeal a decision, order, or determination that was 20
made by the local official for the following: 21
i. The local official’s finding or determination that the proposed work 22
constituting a SI/SD were based on insufficient information, errors, or 23
repair/improvement costs that should be included and/or excluded; 24
ii. The local official’s finding or determination that the proposed work 25
constituting a SI/SD were based on inappropriate valuations of costs for the 26
proposed work, or an inappropriate method to determine the market value of 27
the building. 28
(m) It is not appropriate for a permit applicant to seek an appeal who wishes to build in 29
a manner that is contrary to the regulations and codes included in this ordinance. In 30
those cases, the applicant should seek a variance. 31
(n) Ensure that any building located in a floodway that constitutes a SI/SD has an 32
engineering analysis performed in accordance with Division 4, Section 109-62(2). If 33
that analysis indicates any increase in the BFE, the local official must not allow the 34
proposed work unless the structure is brought into full compliance with this Division. 35
(15) Coordinate with insurance adjusters prior to permitting any proposed work to bring 36
any flood-damaged structure covered by a standard flood insurance policy into 37
compliance to ensure eligibility for ICC funds. 38
(16) Right of Entry 39
(a) After the Certificate of Occupancy has been issued for a building and the Floodplain 40
Administrator observes or has reasonable cause to believe that renovations or 41
retrofits have been made to the building, structure, or premises located in a SFHA 42
that appear to be in violation of any provisions of this Ordinance, he/she shall have 43
the right to seek entry into that building as described in (b) to (e) below. 44
(b) Whenever it becomes necessary to make an inspection to enforce any of the 45
provisions of this Ordinance, the Floodplain Administrator may enter such building, 46
structure or premises at all reasonable times (normal business hours for the 47
community) to inspect the same or perform any duty imposed upon the Floodplain 48
Administrator by this Ordinance. 49
(c) If such building or premises are occupied, the Floodplain Administrator shal l first 50
present proper credentials and request entry. If such building, structure, or premises 51
are unoccupied, he/she shall first make a reasonable effort to locate the owner or 52
other persons having charge or control of such building or premises prior to e ntry. 53
(d) If entry is refused or owner cannot be located, the Floodplain Administrator shall 54
have recourse to every remedy provided by law to secure the right of entry of the 55
building, structure, or premises. 56
(e) When the Floodplain Administrator shall have first obtained a proper inspection 57
warrant or other remedy provided by law to secure entry, no owner or occupant or 58
any other persons having charge, care or control of any building, structure, or 59
premises shall fail or neglect, after proper request is made as h erein provided, to 60
promptly permit entry therein by the Floodplain Administrator for the purpose of 61
inspection and examination pursuant to this Division. 62
Secs. 109-53—109-59. Reserved. 63
64
DIVISION 4. – Provisions for Flood Hazard Reduction 1
2
Sec. 109-60. General standards. 3
In ALL SFHAs and flood-prone areas regulated by the City of Prattville, the following provisions 4
are required for all proposed development including new construction, and substantial 5
improvements: 6
(1) Review proposed development to assure that all necessary permits have been 7
received from those governmental agencies from which approval is required by 8
Federal or State law, including but, not limited to Section 404 of the Federal Water 9
Pollution Control Act Amendments (1972, 33 U.S.C. 1334) an d the Endangered 10
Species Act (1973, 16 U.S.C. 1531-1544). Maintain such permits permanently with 11
floodplain development permit file. 12
(2) New construction and substantial improvements shall be designed (or modified) and 13
adequately anchored to prevent flotation, collapse, or lateral movement of the structure 14
resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy. 15
(3) New construction and substantial improvements shall be constructed with materials 16
resistant to flood damage below the BFE. 17
(4) New construction and substantial improvements shall be constructed by methods and 18
practices that minimize flood damages. 19
(5) New construction and substantial improvements shall be constructed with electrical, 20
heating, ventilation, plumbing, and air conditioning equipment and other service facilities 21
that are designed and/or located so as to prevent water from entering or accumulating 22
within the components during conditions of flooding. 23
(6) Review subdivision proposals and other proposed development, including manufactured 24
home parks or subdivisions, to determine whether such proposals will be reasonably safe 25
from flooding. If a subdivision proposal or other proposed development is in a SFHA, any 26
such proposals shall be reviewed to assure that: 27
(a) They are consistent with the need to minimize flood damage within the SFHA, 28
(b) All public utilities and facilities, such as sewer, gas, electrical and water systems are 29
located and constructed to minimize or eliminate flood damage, 30
(c) All new and replacement water supply systems are to be designed to minimize or 31
eliminate infiltration of flood waters into the systems, 32
(d) All new and replacement sanitary sewage systems are to be designed to minimize 33
or eliminate infiltration of flood waters into the systems and discharges from the 34
systems into flood waters, 35
(e) Onsite waste disposal systems are to be located to avoid impairment to them or 36
contamination from them during flooding, and 37
(f) Adequate drainage provided to reduce exposure to flood hazards. 38
(7) Manufactured homes shall be installed using methods and practices which minimize flood 39
damage. They must be elevated and anchored to resist flotation, collapse, or later al 40
movement. Methods of anchoring may include, but are not to be limited to, use of over -41
the-top or frame ties to ground anchors. This requirement is in addition to applicable State 42
and local requirements for resisting wind forces. 43
(8) New and replacement water supply systems shall be designed to minimize or 44
eliminate infiltration of flood waters into the systems. 45
(9) New and replacement sanitary sewage systems shall be designed to minimize or eliminate 46
infiltration of flood waters into the systems and discharges from the systems into flood 47
waters. 48
(10) On-site waste disposal systems shall be located and constructed to avoid impairment to 49
them or contamination from them during flooding. 50
(11) Any alteration, repair, reconstruction or improvement to new construction and substantial 51
improvements which is not compliant with the provisions of this Ordinance, shall be 52
undertaken only if the non-conformity is not furthered, extended or replaced. 53
(12) Proposed new construction and substantial improvements that are partially located in a 54
SFHA shall have the entire structure meet the standards of this Ordinance for new 55
construction. 56
(13) Where new construction and substantial improvements located in multiple SFH As or in a 57
SFHA with multiple BFEs, the entire structure shall meet the standards for the most 58
hazardous SFHA and the highest BFE. 59
Sec. 109-61. Specific technical standards. 60
In ALL Special Flood Hazard Areas designated as A, AE, AH (with engineered or estimated 61
BFE), the following provisions are required: 62
63
64
(1) Residential and Non-Residential Structures - Where BFE data is available, new 1
construction, and substantial improvement of any structure or manufactured home shall 2
have the lowest floor, including basement, together with attendant utility and sanitary 3
facilities, elevated no lower than one (1) foot above the base flood elevation (also 4
referred to as the design flood elevation). Should solid foundation perimeter walls be 5
used to elevate a structure, openings sufficient to facilitate the unimpeded movements of 6
flood waters shall be provided in accordance with standards of Division 4, Section 109 -7
61(3). 8
(2) Non-Residential Structures - New construction, and substantial improvement of any non-9
residential structure located in AE or AH zones, may be floodproofed (dry) in lieu of 10
elevation. The structure, together with attendant utility and sanitary facilities, must be 11
designed to be watertight to at least one (1) foot above the base flood elevation (herein 12
after referred to as the design flood elevation), with walls substantially impermeable to 13
the passage of water, and structural components having the capability of resisting 14
hydrostatic and hydrodynamic loads and the effect of buoyancy. 15
(a) A professional engineer, who is licensed to practice in the State of Alabama, or 16
licensed architect, who is registered to practice in the State of Alabama, shall 17
develop and/or review structural design, specifications, and plans for the 18
construction, and shall certify that the design and methods of construction are in 19
accordance with the standards in ASCE-24 (for dry floodproofing) or other 20
compatible standards of practice for meeting the provisions abo ve, and shall provide 21
such certification to the official as set forth above and in Division 3, Section 109 -22
52(6). 23
(b) A record of such certificates, which includes the specific elevation (in relation to 24
mean sea level) to which such structures are floodproofed, shall be maintained with 25
the official permitting records for the structure and kept in-perpetuity. 26
(c) Any non-residential functionally dependent structure (as defined in Division 6) that 27
cannot meet the standards stated in Section 109-61(2)(a) shall require a variance to 28
be issued in accordance with Division 5, Section 109 -82(3) and 109-83(1). 29
(d) Any non-residential structure, or part thereof, made watertight below the DFE shall 30
be floodproofed in accordance with the applicable standards in ASCE 24. All plans 31
and specifications for such floodproofing shall be accompanied by a statement 32
certified by a professional engineer, who is licensed to practice in the State of 33
Alabama, or licensed architect, who is registered to practice in the State of Alabama, 34
which states that the proposed design and methods of construction are in 35
conformance with the above referenced standards. There should be a statement 36
submitted with the permit application and a statement submitted with the as -built 37
Floodproofing Certificate prior to the issuance of the Certificate of Occupancy. 38
(e) Prior to the issuance of the Certificate of Occupancy, the following must be submitted 39
for any non-residential structure that will be floodproofed. 40
(i) An inspection and maintenance plan detailing the annual maintenance of 41
floodproofed components ensuring that all components will operate properly 42
under flood conditions. Components that must be inspected include at a 43
minimum: 44
• Mechanical equipment such as sump pumps and generators, 45
• Flood shields and closures, 46
• Walls and wall penetrations, and 47
• Levees and berms (as applicable). 48
(ii) A Flood Emergency Operation Plan detailing the p rocedures to be followed 49
during a flooding event and must include information pertaining to how all 50
components will operate properly under all conditions, including power 51
failures. The design professional must prepare the plan which shall include 52
the following: 53
• An established chain of command and responsibility with leadership 54
responsibilities clearly defined for all aspects of the plan. 55
• A procedure for notification of necessary parties when flooding 56
threatens and flood warnings are issued. Personnel required to be at 57
the building should have a planned and safe means of ingress/egress 58
and should have no other emergency response duties during a flood 59
event. Alternates should be assigned in the event that the primary 60
persons responsible are unable to complete their assigned duties 61
under the plan. 62
• A list of specific duties assigned to ensure that all responsibilities are 63
addressed expeditiously. The locations of materials necessary to 64
properly install all floodproofing components must be included in the 1
list. 2
• An evacuation plan for all personnel or occupants; those without duties 3
for the flood emergency as well as those with duties for implem enting 4
the plan. All possible ingress and egress routes must be identified. 5
• A periodic training and exercise program to keep personnel and 6
occupants aware of their duties and responsibilities. Training drills 7
should be held at least once a year and should be coordinated with 8
community officials. 9
(3) Enclosures for Elevated Buildings - All new construction and substantial improvements of 10
existing structures (residential and non-residential) that include ANY fully enclosed area 11
below the BFE, located below the lowest floor formed by the foundation and other exterior 12
walls shall be designed so as to be an unfinished or flood resistant enclosure. The enclosure 13
shall be designed to equalize hydrostatic flood forces on exterior walls by allowing for the 14
automatic entry and exit of flood waters. 15
(a) Designs for complying with this requirement must either be certified by a professional 16
engineer, who is licensed to practice in the State of Alabama, or a licensed architect, 17
registered to practice in the State of Alabama, or meet the following minimum criteria: 18
(i) Provide a minimum of two openings for each enclosed area having a total net 19
area of not less than one square inch for every square foot of enclosed area 20
subject to flooding (if a structure has more than one enclosed a rea below the 21
BFE, each shall have openings on exterior walls); 22
(ii) Openings shall be in at least two walls of each enclosed area (includes areas 23
separated by interior walls); 24
(iii)The bottom of all openings shall be no higher than one foot above grade; 25
(iv) Openings may be equipped with screens, louvers, valves and other coverings 26
or devices provided that they permit the automatic entry and exit of 27
floodwaters in both directions without impeding or blocking flow and shall be 28
accounted for in determination of the net open area; and 29
(v) Openings meeting the requirements of (3)(a)(i) – (iv) that are installed in doors 30
are permitted. 31
(b) So as not to violate the "Lowest Floor" criteria of this Ordinance, the unfinished or 32
flood resistant enclosure shall only be used for parking of vehicles, limited storage, 33
or access to the elevated area. 34
(c) The interior portion of such enclosed area shall not be partitioned or finished into 35
separate rooms. 36
(d) All interior walls, ceilings and floors below the BFE shall be unfinished and/or 37
constructed of flood damage-resistant materials. This practice is also referred to as 38
“wet floodproofing”. The definitions for “flood damage -resistant materials” and “wet 39
floodproofing” are included in Division 6. 40
(e) Mechanical, electrical, or plumbing devices shall be installed not less than one foot 41
above the BFE. The interior portion of such enclosed area(s) shall be void of utilities 42
except for essential lighting and power, as required, that are watertight or have 43
otherwise been floodproofed. 44
(f) Property owners shall be required to execute a flood openings/venting affidavit 45
acknowledging that all openings will be maintained as flood vents, and that the 46
elimination or alteration of the openings in any way will violate the requirements for 47
enclosures below the BFE. Periodic inspections will be conducted by the Floodplain 48
Administrator to ensure compliance. 49
(g) Property owners shall agree, certify, and declare to the following conditions and 50
restrictions placed on the affected property as a condition for granting a permit. A 51
binding agreement, referred to as a Non -conversion Agreement, is required to be 52
executed and recorded with the Deed. It shall obligate the Owner to the following 53
terms and conditions: 54
(i) That the enclosed area(s) shall remain fully compliant with all parts of Division 55
4, Section 109-61(3) of this Ordinance unless otherwise modified to be fully 56
compliant with the applicable sections of the Floodplain Development 57
Ordinance in effect at the time of conversion. 58
(ii) A duly appointed representative of the City of Prattville is authorized to enter 59
the property for the purpose of inspecting the exterior and interior of the 60
enclosed area to verify compliance with the Agreement and Permit. 61
(iii)The community may take any appropriate legal action to correct any violation 62
pertaining to the Agreement and the subject Permit. 63
(4) Standards for Manufactured Homes and Recreational Vehicles Where Base Flood 1
Elevation Data is Available. 2
(a) Require that all manufactured homes placed or substantially improved: 3
(i) Outside of a manufactured home park or subdivision, 4
(ii) In a new or substantially improved manufactured home park or subdivision, 5
(iii)In an expansion to an existing manufactured home park or subdivision, or 6
(iv) In an existing manufactured home park or subdivision on which a 7
manufactured home has incurred "substantial damage" as the result of a 8
flood, be elevated on a permanent foundation such that the lowest floor of the 9
manufactured home is elevated one foot or more above the BFE and be 10
securely anchored to an adequately anchored foundation syst em to resist 11
floatation, collapse, and lateral movement. 12
(b) Require that all manufactured homes to be placed or substantially improved on sites 13
in an existing manufactured home park or subdivision that are not subject to the 14
provisions of Subsection (4)(a) be elevated so that either: 15
(i) The lowest floor of the manufactured home is one foot or more above the 16
BFE; OR 17
(ii) The manufactured home chassis is supported by reinforced piers or other 18
foundation elements of at least equivalent strength that are no less than 36 19
inches in height above the highest adjacent grade and be securely anchored 20
to an adequately anchored foundation system to resist floatation, collapse, 21
and lateral movement. 22
(iii)Concrete block piers (and other foundation systems) are to be designed in 23
accordance with the Code of Federal Regulations Title 24, Part 3285 and with 24
the specifications in FEMA P-85: Protecting Manufactured Homes from 25
Floods and Other Hazards – A Multi-Hazard Foundation and Installation 26
Guide. The §3285.306 Design procedures for concrete block piers and FEMA 27
P-85 (Table SP-1.1), specify that the maximum allowable pier height 28
(measured from top of grade) for concrete piers to be five (5) feet. 29
(iv) The chassis and its supporting equipment are to be above the pier or other 30
foundation. The areas below the chassis must be constructed with flood -31
resistant materials. All utilities and mechanical equipment must be elevated 32
to a minimum of three (3) feet above the highest adjacent grade. Any utility 33
and mechanical components that must be below the BFE must be made 34
watertight to that same elevation to meet the standards in Division 4, Section 35
109-60(5). 36
(c) Require that all recreational vehicles placed on sites must either: 37
(i) Be on the site for fewer than 180 consecutive days, 38
(ii) Be fully licensed and ready for highway use on its wheels or jacking system, 39
(iii)Be attached to the site only by quick disconnect type utilities and security 40
devices, and have no permanently attached structures or additions; OR 41
(iv) Must meet all the requirements for "New Construction”, including the 42
anchoring and elevation requirements of Division 4, Section 109-61, 43
provisions (4)(a) and (4)(b). 44
(5) Standards for Manufactured Homes Where No Base Flood Elevation Exists. 45
(a) Require that all manufactured homes to be placed within a Zone A area on the FIRM 46
shall be installed using methods and practices which minimize flood damage. 47
(b) Manufactured homes must be elevated and anchored to resist flotation, collapse, or 48
lateral movement. Methods of anchoring may include, but are not to be limited to, 49
use of over-the-top or frame ties to ground anchors. 50
(c) The manufactured home chassis must be supported by reinforced piers or other 51
foundation elements of at least equivalent strength such that the bottom of the 52
chassis and its supporting equipment be no less than 36 inches and up to a 53
maximum 60 inches (five feet) above the highest adjacent grade and be securely 54
anchored to an adequately anchored foundation system. 55
(d) The areas below the chassis must be constructed with flood -resistant materials. All 56
utilities and mechanical equipment must be elevated to a minim um of 3 feet above 57
the highest adjacent grade. Any utility and mechanical components that must be 58
below the BFE must be made watertight to that same elevation to meet the standards 59
in Division 4, Section 109-60(5). 60
(6) Require, until a regulatory floodway is designated, that no new construction, substantial 61
improvements, or other development (including fill) shall be permitted within Zones A and 62
AE on the Autauga County or Elmore County FIRM, unless it is demonstrated that the 63
cumulative effect of the proposed development, when combined with all other existing and 64
anticipated development, will not increase the water surface elevation of the base flood 1
more than one foot at any point within the community. 2
(7) Accessory and Agricultural Structures – When an accessory structure meets the 3
requirements outlined below, these structures may be wet-floodproofed and do not have to 4
be elevated to one foot above the BFE as required in Division 4, Section 109 -61(1). 5
A permit shall be required prior to construction or installation of any accessory structures 6
and any agricultural structures built below the DFE and the following provisions apply: 7
(a) Must be adequately anchored to prevent flotation, collapse, or lateral movement; 8
(b) Must be designed with an unfinished interior and constructed with flood damage-9
resistant materials below the DFE as described in Division 4, Section 109 -61(3); 10
(c) Must have adequate flood openings as described in Division 4, Section 109 -61(3); 11
(d) Must be constructed and placed on the building site so as to off er the minimum 12
resistance to the flow of floodwaters; 13
(e) Must comply with the requirements for development in floodways in accordance with 14
Division 4, Section 109-62; 15
(f) Must elevate any mechanical and other utility equipment in or servicing the structure 16
to or above the DFE or must be floodproofed in accordance with Division 4, Section 17
109-60; 18
(g) Prohibit storage of any hazardous or toxic materials below the DFE. 19
(h) Permits for small accessory structures may be issued to provide wet floodproofing 20
measures in accordance with the standards described in subsections (i) through (iv) 21
below without requiring a variance. Before issuing permits for small accessory 22
structures, the Floodplain Administrator must verify: 23
(i) Use is limited to parking of vehicles or storage; 24
(ii) Size is less than or equal to a one-story, two-car garage for all A zones; 25
(iii)Structures are a minimal investment and have a low damage potential with 26
respect to the structure and contents; 27
(iv) Structures will not be used for human habitation; 28
(v) Structures comply with the wet floodproofing requirements in Division 4, 29
Section 109-61(3). 30
(i) Permits for accessory structures larger than the size allowed for in subsection (7)(h) 31
above, shall require a variance to be granted on a case-by-case basis in accordance 32
with Division 5, Section 109-83(3). Variances shall not be granted for entire 33
subdivisions for accessory structures. 34
(j) Permits for new construction of all agricultural structures shall require a variance to 35
be granted on a case-by-case basis in accordance with Division 5, Section 109-36
83(4). 37
(k) Typically, when structures are substantially damaged by any cause or will be 38
substantially improved, communities must require that the structures be brought into 39
compliance with all requirements for new construction. In accordance with guidance 40
in FEMA Publication 2140, agricultural structures that are substantially damaged by 41
flooding and agricultural structures that are repetitive loss structures are permitted 42
to be repaired or restored to pre-damage condition, provided the following are 43
satisfied: 44
(i) If substantially damaged, the substantial damage determination is based only 45
on the cost to repair damage caused by flooding to pre -damage conditions. 46
(ii) The proposed repair or restoration does not change the size of the structure 47
and does not significantly alter the nature of the building. With the exception 48
of costs associated with wet floodproofing in accordance with Division 4, 49
Section 109-61(3), proposals that include work beyond or in addition to that 50
necessary to repair or restore the structure to pre-damage conditions must be 51
regulated as substantial improvements as provided for in this Ordinance. 52
(iii)The repaired or restored structure will continue to be an agricultural structure, 53
as defined in this Ordinance. 54
(iv) Owners are notified, in writing, that agricultural structures approved under this 55
subsection: 56
• Will not be eligible for disaster relief under any program administered 57
by FEMA or any other Federal agency. 58
• Will have NFIP flood insurance policies rated based on the 59
structure’s risk. 60
• May be denied NFIP flood insurance policies if repairs do not include 61
the wet floodproofing requirements of Division 4, Section 109-61(3). 62
(v)When owners elect to wet floodproof flood-damaged agricultural structures as1
part of repair or restoration to pre-damage condition, the structure shall2
comply with the requirements of Division 4, Section 109-61(3).3
(vi) A variance shall be required to allow wet floodproofing in -lieu of elevation or4
dry-floodproofing in accordance with the definitions in Division 5.5
(l)Prohibit the storage of hazardous substances (as defined in Division 6) in any6
residential accessory structure located in a SFHA. Limit the storage in non -7
residential accessory structures to only fertilizers, petroleum products, and8
pesticides essential for landscaping purposes. Limit storage in agricultural structures9
to only fertilizers, petroleum products, and pesticides necessary for agricultural10
purposes. In both cases, storage shall be in strict compliance with the requirements11
of Division 4, Section 109-61(9).12
(8)Underground and Aboveground Storage (Liquid and Gas) Tanks - Tanks and tank inlets,13
fill openings, outlets, and vents that are located below the DFE shall be designed,14
constructed, installed, and anchored to resist all flood-related loads (flotation, collapse, or15
lateral movement resulting from hydrostatic and hydrodynamic forces) and any other loads,16
including the effects of buoyancy, during flooding up to and including the 100 -year flood17
and without release of contents into floodwaters or infiltration of floodwaters into the tanks.18
(a)A permit that includes floodplain development shall be required prior to19
construction or installation of any underground and aboveground tanks (including20
their foundation and support systems) located within a special flood hazard area.21
(b)Loads on underground tanks and aboveground tanks exposed to flooding shall22
be determined assuming at least 1.3 times the potential buoyant and other flood23
forces acting on the empty tank.24
(c)Tanks and associated piping shall be installed to resist local scour and erosion25
during the 100-year flood.26
(d)Aboveground tanks located in Zone A/AE flood hazard areas shall be either:27
(i)Elevated to or above the DFE on platforms or structural fill,28
(ii)Elevated to or above the DFE where attached to structu res and the29
foundation system supporting the structures shall be designed to30
accommodate any increased loads resulting from the attached tanks,31
(iii)Permitted below the DFE where the tank and its foundation are designed to32
resist all flood-related loads including floating debris, or33
(iv) Permitted below the DFE where the tank and its foundation are designed to34
resist flood loads and are located inside a barrier designed to protect the35
tank from floating debris.36
(e)Aboveground tanks located in areas designated as Zone V/VE, Coastal A-Zones,37
and other high risk flood hazard areas (see ASCE 24 -14) shall be elevated to or38
above the DFE on platforms that conform to the foundation requirements of39
ASCE 24-14, Section 4.5. Aboveground tanks shall not be permitted to be located40
under elevated structures or attached to structures at elevations below one41
foot above the DFE in these areas.42
(f)Underground tanks located in areas designated as Zone V/VE, Coastal A-Zones,43
and other high risk flood hazard areas (see ASCE 24 -14) shall have the44
determination of flood-related loads take into consideration the eroded ground45
elevation.46
(g)Tank inlets, fill openings, outlets, and vents shall be:47
(i)At or above the DFE or fitted with covers designed to prevent the inflow of48
floodwater or outflow of the contents of the tanks during conditions of the 100 -49
year flood.50
(ii)Anchored to prevent lateral movement resulting from hydrodynamic and51
hydrostatic loads, including the effects of buoyancy, during conditions of the52
100-year flood.53
(9)Structures and Sites for the Storage or Production of Hazardous Substances – Require that54
all outdoor storage sites, new construction and substantial improvements to be used for the55
production or storage of hazard substances (as defined in Division 6) which are located in56
the special flood hazard area shall be built in accordance with all applicable standards in57
this Ordinance in addition to the following requirements:58
(a)No structures containing hazardous substances shall be permitted for construction59
in a floodway;60
(b)Residential structures shall have the area in which the hazard substances are to be61
stored elevated or dry floodproofed a minimum of two (2) feet above the BFE;62
(c) Non-residential structures shall be permitted to be built below the BFE in accordance 1
with Division 4, Section 109-61(2) such that the area where the hazard substance 2
production or storage is located will be: 3
(i) elevated or designed and constructed to remain comple tely dry to at least two 4
(2) feet above the BFE, and 5
(ii) designed to prevent pollution from the storage containers, structure, or activity 6
during the course of the base flood. 7
(d) Any solid, liquid, or gas storage containers of hazardous substances and any 8
associated mechanical, electrical, and conveyance equipment shall be watertight 9
and shall be properly anchored and protected from the hydrostatic and 10
hydrodynamic forces of flood waters and debris carried by the base flood. 11
It is prohibited for any outdoor storage sites, new construction and substantial 12
improvements used for the production or storage of hazard substances (as defined in 13
Division 6) to be located within the SFHA. 14
(10) Construction of Fences - New and replacement fences may be allowed in flood hazard 15
areas if they do not act as a flow boundary and redirect the direction of flow, collect flood 16
debris and cause blockages, cause localized increases in flood levels, or if damaged, 17
become debris that may cause damage to other structures. 18
(11) Incompatible Uses Prohibited in SFHAs 19
(a) Lands lying within the 100-year floodplain shall not be used for: 20
(i) dumping of any material or substance including solid waste disposal sites 21
(including manure), 22
(ii) on-site soil absorption sanitary sewage system site, 23
(iii)petroleum or chemical holding tanks, 24
(iv) construction of any wells used to obtain water for ultimate human 25
consumption that are not elevated or otherwise properly protected from flood 26
waters; or 27
(v) restricted confinement or permanent sheltering of animals. 28
(b) Lands lying within the 100-year floodplain shall not be used for the storage of 29
materials that are buoyant, flammable, explosive, or injurious to human, animal, 30
plant, fish, or other aquatic life. 31
Sec. 109-62. Floodways. 32
Located within Special Flood Hazard Areas established in Division 2, Section 109-31, are areas 33
designated as floodway. A floodway may be an extremely hazardous area due to velocity 34
floodwaters, debris or erosion potential. In addition, the area must remain free of encroachment 35
in order to allow for the discharge of the base flood without increased flood heights. Therefore, 36
the following provisions shall apply: 37
(1) The community shall select and adopt a regulatory floodway based on the principle that the 38
area chosen for the regulatory floodway must be designed to carry the waters of the base 39
flood, without increasing the water surface elevation of that flood more than one foot at any 40
point; 41
(2) Encroachments, including fill, new construction, substantial improvements or other 42
development are prohibited within the adopted regulatory floodway unless it is 43
demonstrated through hydrologic and hydraulic analyses performed in accordance with 44
standard engineering practice that the proposed encroachment would not result in any 45
increase in BFEs during the occurrence of the base flood discharge. A registered 46
professional engineer must provide supporting technical data and certification (No -Rise 47
Certificate) to FEMA for the proposed floodway encroachment. The No -Rise Certificate 48
must be submitted to the Floodplain Administrator with the development permit (including a 49
Site Plan showing the current and proposed floodway alignment) for approval. 50
(3) ONLY if Division 4, Section 109-62, provisions (1) and (2) are satisfied, then any new 51
construction or substantial improvement in a floodway shall comply with all other applicable 52
flood hazard reduction provisions of Division 4. After satisfying the required provisions 53
stated in this section, encroachments in floodways should be limited to the following types 54
of projects: 55
(a) flood control and stormwater management structures; 56
(b) road improvements and repairs; 57
(c) utility easements/rights-of-way; and 58
(d) public improvements or public structures for bridging over the floodway. 59
(4) Fencing shall be prohibited in floodways unless it is demonstr ated that such development 60
will not cause any increase in the BFE. Appropriate analysis and documentation shall be 61
submitted along with the development permit for review and approval. Fences that have the 62
potential to block or restrict the passage of floodwaters (by trapping debris or with openings 63
too small to allow unhindered passage of water), such as stockade and wire mesh fences, 1
shall meet the requirements of Division 4, Section 109 -62(2). 2
Sec. 109-63. Building standards for streams without established base flood elevations 3
(approximate A-zones). 4
Located within the SFHAs established in Division 2, Section 109 -31, where streams exist but 5
no base flood data have been provided (Approximate A-Zones), the following provisions apply: 6
(1) BFE data shall be provided for new subdivision proposals and other proposed development 7
(including manufactured home parks and subdivisions) greater than fifty (50) lots or five (5) 8
acres, whichever is the lesser. 9
(2) When BFE data or floodway data have not been provided in accor dance with Division 2, 10
Section 109-31 then the Floodplain Administrator shall obtain, review, and reasonably 11
utilize any scientific or historic BFE and floodway data available from a Federal, State, or 12
other source, in order to administer the provisions of Division 4. ONLY if data are not 13
available from these sources, then Division 4, Section 109-63, provisions (4) and (5) shall 14
apply. 15
(3) All development in Zone A must meet the requirements of Division 4, Section 109 -60 and 16
Sections 109-61(1), 109-61(2), 109-61(3), 109-61(5), 109-61(6), 109-61(7), 109-61(8), 109-17
61(9), 109-61(10) and 109-61(11). 18
(4) In SFHAs without BFE data, new construction and substantial improvements of existing 19
structures shall have the lowest floor (for the lowest enclosed area; including b asement) 20
elevated no less than three (3) feet above the highest adjacent grade. As the requirements 21
set forth in Division 4, Section 109-61(1) and 109-61(2) stipulate the lowest floor to be 22
elevated no less than one foot about the BFE, then the structure f or this condition shall be 23
elevated no less than four (4) feet about the highest adjacent grade. 24
(5) In the absence of a BFE, a manufactured home must also meet the elevation requirements 25
of Division 4, Section 109-61(4)(b)(ii) – 109-61(4)(b)(iv) in that the structure cannot be 26
elevated above a maximum of 60 inches (5 feet) and all utilities and mechanical equipment 27
must be elevated a minimum of three (3) feet above the highest adjacent grade. 28
(6) Enclosures for elevated buildings in Zone A areas shall comply with the standards of 29
Division 4, Section 109-61(3)(a). The Floodplain Administrator shall certify the lowest floor 30
elevation level and the record shall become a permanent part of the permit file. 31
(7) No encroachments, including structures or fill material, shall be located within an area equal 32
to the width of the stream or twenty-five feet, whichever is greater, measured from the top 33
of the stream bank, unless certification by a registered professional engineer is provided 34
demonstrating that such encroachment shall not result in any increase in flood levels during 35
the occurrence of the base flood discharge. 36
Sec. 109-64. Standards for areas of shallow flooding (AO zones). 37
Special flood hazard areas established in Division 2, Section 109 -31 may include designated 38
"AO" shallow flooding areas. These areas have base flood depths of one to three feet (1'-3') 39
above ground, with no clearly defined channel. The following provisions apply: 40
(1) All new construction and substantial improvements of residential and nonresidential 41
structures shall have the lowest floor, including basement, elevated above the highest 42
adjacent grade at least as high as the depth number specified on the Flood Insurance Rate 43
Map (FIRM) plus one foot of freeboard. If no depth number is specified, the lowest floor 44
(including basement) shall be elevated at least three (3) feet above the highest 45
adjacent grade. Openings sufficient to facilitate the unimpeded movements of flood waters 46
shall be provided in accordance with standards of Division 4, Section 109 -61(3). 47
The Floodplain Administrator shall certify the lowest floor elevation level and the record 48
shall become a permanent part of the permit file. 49
(2) New construction and the substantial improvement of a non-residential structure may be 50
floodproofed in lieu of elevation. The structure, together with attendant utility and 51
sanitary facilities, must be designed to be water tight to the specified flood level in 52
Division 4, Section 109-64, one (1) or three (3) feet (if no depth number is specified), above 53
highest adjacent grade, with walls substantially impermeable to the passage of water, and 54
structural components having the capability of resisting hydrostatic and hydrod ynamic 55
loads and the effect of buoyancy. As the requirements set forth in Division 4, Section 109 -56
61(1) and 109-61(2) stipulate the lowest floor to be elevated no less than one foot about 57
the BFE, then the structure for this condition shall be elevated no less than four (4) feet 58
about the highest adjacent grade. 59
A professional engineer, who is licensed to practice in the State of Alabama, or licensed 60
architect, who is registered in the State of Alabama, shall certify that the design and 61
methods of construction are in accordance with accepted standards of practice for meeting 62
the provisions above and shall provide such certification to the official as set forth above 63
and as required in Division 3, Section 109-51(1) and (2). 64
(3) Drainage paths shall be provided to guide floodwater around and away from any proposed 1
structure. 2
Sec. 109-65. Standards for subdivisions and other development 3
All subdivision proposals and other proposed development (including proposals for 4
manufactured home parks and subdivisions) grea ter than 50 lots or 5 acres, whichever is the 5
lesser, shall include within the drawings, plans, and permits for such proposals the following: 6
(1) BFE data; 7
(2) Provisions to minimize flood damage; 8
(3) Public utilities and facilities such as sewer, gas, electrical and water systems located and 9
constructed to minimize flood damage; 10
(4) Adequate drainage provided to reduce exposure to flood hazards without negatively 11
impacting adjacent properties; 12
(5) Preliminary plans for review and approval of the platted subdivision which identifies the 13
Special Flood Hazard Area, floodway boundaries, the BFE, and other areas regulated by 14
the community; 15
(6) Final subdivision plats that identify the boundary of the special flood ha zard area, the 16
floodway boundary, the BFEs, and any drainage easements to reduce the risk for flash 17
flooding; 18
(7) Lot Configuration and Building Envelopes - To the maximum extent feasible, lots subject to 19
this Section F shall be configured so that they lie entirely out of the floodplain. As an 20
alternative, lots may be configured so that portions are located within the floodplain. 21
However, building footprints of such lots shall be delineated to lie, to the maximum extent 22
feasible, outside the floodplain. If no other option for access is practicable, driveways may 23
be located within the floodplain. 24
Sec. 109-66. Critical facilities. 25
Construction of new and substantially improved critical facilities, which are those for which the 26
effects of even a slight chance of flooding would be too great, shall be located outside the limits 27
of the SFHA or other flood hazard area regulated by the community. These types of facilities 28
(hospitals, fire stations, police stations, storage of critical records, etc.) are given special 29
consideration when formulating regulatory alternatives and floodplain management plans. 30
Construction of new critical facilities (including the modification of an existing structure not 31
previously classified as a critical facility) shall be permissible within the SFHA or other area 32
regulated by the community only if no feasible alternative site is available and access to the 33
facilities remains available during a 0.2 percent chance flood (a.k.a., 500 -year flood). 34
(1) Critical facilities constructed within the SFHAs shall have the lowest floor elevated three 35
feet above the BFE at the site (or to the 0.2 percent chance flood elevation whichever is 36
greater). 37
(2) Floodproofing and sealing measures must be implemented to ensure that any and all on -38
site toxic substances will not be displaced by or released into floodwaters. 39
(3) Multiple access routes, elevated to or above the 0.2 percent flood elevation, shall be 40
provided to all critical facilities to the maximum extent possible. 41
(4) Critical facilities must be protected to or abo ve the 0.2 percent chance flood and must 42
remain operable during such an event. 43
(a) The community’s flood response plan must list critical facilities. 44
(b) Other facilities in low-risk flood zones that may also be needed to support flood 45
response efforts must be included on the critical facility list. 46
(5) The “use” classification of any structure shall not be changed to that of a critical facility, 47
where such a change in use will render the new critical facility out of conformance with this 48
section. 49
Secs. 109-67-109-79. Reserved. 50
51
DIVISION 5. – Variance Procedures 52
53
Sec. 109-80. Designation of variance and appeals board. 54
The Board of Zoning Adjustment as established by the City Council of the City of Prattville shall 55
hear and decide requests for appeals or variance from the requirements of this Ordinance. 56
Sec. 109-81. Duties of board. 57
The Board shall hear and decide appeals when it is alleged an error in any requirement, 58
decision, or determination is made by the Floodplain Administrator in the enforcement or 59
administration of this Ordinance. Any person aggrieved by the decision of the Board of Zoning 60
Adjustment may appeal such decision to the circuit court, as provided in law. 61
Sec. 109-82. Conditions for variances. 62
The provisions of this Ordinance are minimum standards for flood loss reduction, therefore any 63
deviation from the standards must be weighed carefully. Variances shall only be issued upon 64
a determination that the variance is the minimum necessary, considering the flood hazard, to 1
afford relief. 2
(1) A variance may be issued for new construction and substantial improvements to be erected 3
on a lot of one-half acre or less in size, contiguous to and surrounded by lots with existing 4
structures constructed below the base flood level, in conformance with the procedures of 5
Sections 109-82(3), 109-82(4), 109-85(1) and 109-85(2) of this Division. 6
(2) In the instance of a Historic Structure, a determination is required that the variance is the 7
minimum necessary so as not to destroy the historic character and design of the building. 8
(3) A variance shall be issued ONLY when there is: 9
(a) A finding of good and sufficient cause; 10
(b) A determination that failure to grant the variance would result in exceptional hardship 11
(cannot be personal physical or financial hardship); and 12
(c) A determination that the granting of a variance will not result in increased flood 13
heights, additional threats to public safety, extraordinary public expense, create 14
nuisance, cause fraud on or victimization of the public, or conflict with existing local 15
laws or ordinances. 16
(4) A variance shall only be issued upon a determination that the variance is the minimum 17
necessary, considering the flood hazard, to afford relief. 18
(5) Variances shall not be issued “after the fact.” 19
Sec. 109-83. Variance procedures. 20
In reviewing requests for variance, the Board of Zoning Adjustment shall consider all technical 21
evaluations, relevant factors, and standards specified in other sections of this Ordinance, and: 22
(1) Certain facilities and structures must be located on or adjacent to water in order to perform 23
their intended purpose which may result in practical and operational difficulties due to the 24
physical characteristics of the property. Variances may be issued for development 25
necessary for conducting of a functionally dependent use, provided the criteria of this 26
Division are met, no reasonable alternative exists, the development is protected by methods 27
that minimize flood damage during the base flood, and it creates no additional threats to 28
public safety. 29
(2) Variances shall not be issued within any designated floodway if ANY increase in flood levels 30
during the base flood discharge would result. 31
(3) Variances may be issued for the construction or substantial improvement of accessory 32
structures provided it has been determined that the proposed structure: 33
(a) Represents minimal investment and has low damage potential (amount of physical 34
damage, contents damage, and loss of function). 35
(b) Is larger than the size limits specified in Division 4, Section 109-61(7)(i). 36
(c) Complies with the wet floodproofing construction requirements of Division 4, Section 37
(B)(3). 38
(4) Variances may be issued for the construction or substantial improvement of agricultural 39
structures provided it has been determined that the proposed structure: 40
(a) Is used exclusively in connection with the production, harvesting, storage, raising, or 41
drying of agricultural commodities and livestock, or storage of tools or equipment 42
used in connection with these purposes or uses, and will be restricted to such 43
exclusive uses. 44
(b) Has low damage potential (amount of physical damage, contents damage, and loss 45
of function). 46
(c) Does not increase risks and pose a danger to public health, safety, and welfare if 47
flooded and contents are released, including but not limited to the effects of flooding 48
on manure storage, livestock confinement operations, liquified natural gas terminals, 49
and production and storage of highly volatile, toxic, or water-reactive materials. 50
(d) Is an aquaculture structure that is dependent on proximity to water if located in a 51
coastal high-hazard area (Zones V, VE, V1 30, and VO). 52
(e) Complies with the wet floodproofing construction requirements of Division 4, Section 53
109-61(3). 54
(5) The evaluation must be based on the characteristics unique to that property and not be 55
shared by adjacent parcels. The characteristics must pertain to the land itself, not to the 56
structure, its inhabitants, or its owners. 57
(6) Variances should never be granted for multiple lots, phases of subdivisions, or entire 58
subdivisions. 59
(7) Careful consideration and evaluation should be given to the following factors: 60
(a) The danger of life and property due to flooding or erosion damage including materials 61
that may be swept onto other lands to the injury of others. 62
(b) The susceptibility of the proposed facility and its contents to flood damage and the 63
effect of such damage on the individual owner and the community. 64
(c) The safety of access to the property during flood conditions for daily traffic and 1
emergency vehicles. 2
(d) The importance of the services provided by the proposed facility to the community. 3
(e) The necessity of the facility to be at a waterfront location, where applicable. 4
(f) The compatibility of the proposed use with existing and anticipated development 5
based on the community’s comprehensive plan for that area. 6
(g) If applicable, the expected heights, velocity, duration, rate of rise, and sediment 7
transport of the floodwaters and the effects of wave action expected at the site. 8
(h) The costs associated with providing gover nmental services to the development 9
during and after flood conditions, including maintenance and repair of public utilities 10
and facilities such as sewer, gas, electrical, and water systems, and community 11
infrastructure such as streets, bridges, and culverts. 12
Upon consideration of factors listed above, and the purpose of this Ordinance, the Board of 13
Zoning Adjustment may attach such conditions to the granting of variances as it deems 14
necessary to further the purposes of this Ordinance. 15
Sec. 109-84. Variances for historic structures. 16
Variances may be issued for the repair or rehabilitation of Historic Structures upon a 17
determination that the proposed repair or rehabilitation will not preclude the structure's 18
continued designation as a Historic Structure and the variance is the minimum to preserve the 19
historic character and design of the structure. 20
Sec. 109-85. Variance notification and records. 21
(1) Any applicant to whom a variance is granted shall be given written notice over the signature 22
of a community official that specifies the difference between the BFE and the elevation of 23
the proposed lowest floor and stating that the issuance of such a variance could: 24
(a) result in flood insurance rate increases in the hundreds and possibly thousands of 25
dollars annually depending on structure and site-specific conditions; and 26
(b) increase the risk to life and property resulting from construction below the base flood 27
level. 28
(2) The Floodplain Administrator shall maintain a record of all variance actions and appeal 29
actions, including justification for their issuance. Report any variances to the Federal 30
Emergency Management Agency Region 4 and the Alabama Department of Economic and 31
Community Affairs/Office of Water Resources upon request. 32
(3) A copy of the notice shall be recorded by the Floodplain Administrator in the Office of the 33
Judge of Probate and shall be recorded in a manner so that it appears in the chain of title 34
(i.e., deed) of the affected parcel of land. 35
Secs. 109-86—109-89. Reserved. 36
37
DIVISION 6. – Definitions 38
39
Sec. 109-90. Definitions. 40
Unless specifically defined below, words or phrases used in this Ordinance shall be interpreted 41
so as to give them the meaning they have in common usage and to give this Ordinance its 42
most reasonable application. 43
A Zone means the special flood hazard areas on a FIRM without base flood elevations 44
determined. 45
Administrator means the Administrator of the Federal Emergency Management Agency 46
(FEMA). 47
Accessory Structure (also referred to as Appurtenant Structures) means a structure which 48
is located on the same parcel of property as a principal structure and the use of which is 49
incidental to the use of the principal structure. Detached garages and small sheds used for 50
limited storage are considered accessory structures. Other examples of accessory structures 51
include gazebos, picnic pavilions, boathouses, small pole barns, storage sheds, and similar 52
buildings. An accessory structure specifically excludes structures used for human habitation. 53
Addition (to an Existing Building) means any improvement that increases the square 54
footage of a structure. These include lateral additions added to the front, side, or rear of a 55
structure, vertical additions added on top of a structure, and enclosures added underneath a 56
structure. NFIP regulations for new construction apply to any addition that is considered a 57
substantial improvement to a structure. 58
AE Zone means the special flood hazard areas on a FIRM with base flood elevations 59
determined. 60
Agricultural Structure means a walled and roofed structure used exclusively for agricultural 61
purposes or uses in connection with the production, harvesting, storage, raising, or drying of 62
agricultural commodities and livestock, including aquatic organisms. Aquaculture structure s are 63
included within this definition. Structures that house tools or equipment used in connection with 1
these purposes or uses are also considered to have agricultural purposes or uses. 2
AH Zone means area of special food hazards on a FIRM having shallow water depths and/or 3
unpredictable flow paths between one (1) and three (3) feet, and with water surface elevations 4
determined. 5
AO Zone means an area of special flood hazards on a FIRM having shallow water depths and 6
/or unpredictable flow paths between one (1) and three (3) feet. 7
Appeal means a request for a review of the Floodplain Administrator’s interpretation of any 8
provision of this Ordinance. 9
Appurtenant Structure (see definition for Accessory Structure) 10
AR/AE, AR/AH, AR/AO, and AR/A Zones means an area of special flood hazard on a FIRM 11
that results from the decertification of a previously accredited flood protection system that is 12
determined to be in the process of being restored to provide base flood protection. 13
A99 Zone means an area of special flood hazard on a FIRM where enough progress has been 14
made on a protective system, such as dikes, dams, and levees, to consider it complete for 15
insurance rating purposes. 16
Area of Future-conditions Flood Hazard means the land area that would be inundated by 17
the 1-percent-annual-chance (100-year) flood based on future-conditions hydrology. 18
Area of Shallow Flooding means a designated AO, AH, AR/AO, AR/AH or VO zone on a 19
community's FIRM with a 1 percent or greater annual chance of flooding to an average depth 20
of one (1) to three (3) feet where a clearly defined channel does not exist, where the path of 21
flooding unpredictable, and where velocity flow may be evident. Such flooding is characterized 22
by ponding or sheet flow. 23
Area of Special Flood Hazard (see definition for Special Flood Hazard Area) 24
Area of Special Flood-related Erosion Hazard means the land within a community which is 25
most likely to be subject to severe flood -related erosion losses. The area may be designated 26
as Zone E on the Flood Hazard Boundary Map (FHBM). After the detai led evaluation of the 27
special flood-related erosion hazard area in preparation for publication of the FIRM, Zone E 28
may be further refined. 29
Area of Special Mudslide (i.e., mudflow) Hazard area means the land within a community 30
most likely to be subject to severe mudslides (i.e., mudflows). The area may be designated as 31
Zone M on the FHBM. After the detailed evaluation of the special mudslide (i.e., mudflow) 32
hazard area in preparation for publication of the FIRM, Zone M may be further refined. 33
Base Flood means the flood having a one percent chance of being equaled or exceeded in 34
any given year (also referred to as the “one percent chance flood”). 35
Base Flood Elevation (BFE) means the elevation of surface water resulting from a flood that 36
has a 1% chance of equaling or exceeding that level in any given year. The BFE is shown on 37
the FIRM for zones AE, AH, A1–A30, AR, AR/A, AR/AE, AR/A1– A30, AR/AH, AR/AO, V1–38
V30 and VE. It is the regulatory requirement for the elevation of flood proofing of structures. 39
The relationship between the BFE and a structure’s elevation determines the flood insurance 40
premium. 41
Basement means any portion of a building having its floor sub grade (below ground level) on 42
all sides. 43
Building (also see Structure) means a structure with two or more outside rigid walls and a 44
fully secured roof that is affixed to a permanent site; a manufactured home or a mobile home 45
without wheels, built on a chassis and affixed to a permanent foundation, that is regulated 46
under the community’s floodplain management and building ordinances or laws. “Building” 47
does not mean a gas or liquid storage tank or a recreational vehicle, park trailer or other similar 48
vehicle. 49
Community means any State or area or political subdivision thereof, or any Indian tribe or 50
authorized tribal organization, or authorized native organization, which has authority to adopt 51
and enforce floodplain management regulations for the areas within its jurisdiction. 52
Community Rating System (CRS) means a voluntary program developed by the Federal 53
Insurance Administration to provide incentives for those communities in the Regular Program 54
that have gone beyond the minimum floodplain management requirements to develop extra 55
measures to provide protection from flooding. 56
Condominium Building means a type of building in the form of ownership in which each unit 57
owner has an undivided interest in common elements of the building. 58
Critical Facility (aka, critical action) means facilities or activities for which even a slight chance 59
of flooding is too great a threat. Typical critical facilities include hospitals, fire stations, police 60
stations, storage of critical records, and similar facilities. These facilities should be given special 61
consideration when formulating regulatory alternatives and floodplain man agement plans. A 62
critical facility should not be located in a floodplain if at all possible. 63
Critical Feature means an integral and readily identifiable part of a flood protection system, 1
without which the flood protection provided by the entire system would be compromised. 2
Cumulative Substantial Improvement/Damage means any combination of reconstruction, 3
alteration, or improvement to a building, taking place during a 10-year period, in which the 4
cumulative percentage of improvement equals or exceeds 50 percent of the current market 5
value of the structure before the “start of construction” of the initial improvement. Any 6
subsequent improvement project costs shall be added to t he initial costs for the initial 7
improvement project. At the end of a 10-year period from the initial improvement project, an 8
updated valuation for the structure can be used for the next time period. Damages can be from 9
any source. 10
D Zone means an area in which the flood hazard is undetermined. 11
Dam means an artificial barrier, that has the ability to impound water, wastewater, or any liquid -12
borne material, for the purpose of storage or control of water. 13
Design Flood Elevation (DFE) means the locally adopted regulatory flood elevation. It is the 14
minimum elevation to which a structure must be elevated or floodproofed. DFE is the sum of 15
the base flood elevation and freeboard, based a building’s structural category. In areas 16
designated as Zone AO on a commun ity’s flood map, the DFE is the elevation of the highest 17
existing grade of a building’s perimeter plus the depth number specified on the flood hazard 18
map. In areas designated as Zone AO where a depth is not specified on the map, the depth is 19
two feet. In all cases, the DFE must be at least as high as the base flood elevation. 20
Developed Area means an area of a community that is: 21
a. A primarily urbanized, built-up area that is a minimum of 20 contiguous acres, has basic 22
urban infrastructure, including roads, utilities, communications, and public facilities, to 23
sustain industrial, residential, and commercial activities, and 24
i. Within which 75 percent or more of the parcels, tracts, or lots contain commercial, 25
industrial, or residential structures or uses; or 26
ii. Is a single parcel, tract, or lot in which 75 percent of the area contains existing 27
commercial or industrial structures or uses; or 28
iii. Is a subdivision developed at a density of at least two residential structures per 29
acre within which 75 percent or more of the lo ts contain existing residential 30
structures at the time the designation is adopted. 31
b. Undeveloped parcels, tracts, or lots, the combination of which is less than 20 acres and 32
contiguous on at least 3 sides to areas meeting the criteria of paragraph “a” at the time 33
the designation is adopted. 34
c. A subdivision that is a minimum of 20 contiguous acres that has obtained all necessary 35
government approvals, provided that the actual “start of construction” of structures has 36
occurred on at least 10 percent of the lots or remaining lots of a subdivision or 10 percent 37
of the maximum building coverage or remaining building coverage allowed for a single 38
lot subdivision at the time the designation is adopted and construction of structures is 39
underway. Residential subdivisions must meet the density criteria in paragraph (a)(iii). 40
Development means any man-made change to improved or unimproved real estate, 41
including, but not limited to, buildings or other structures, mining, dredging, filling, grading, 42
paving, excavation, drilling operations, or storage of equipment or materials. 43
Elevated Building means, for insurance purposes, a non -basement building which has its 44
lowest elevated floor raised above ground level by foundation walls, shear walls, pilings, posts, 45
columns, piers, or shear walls. 46
Elevation Certificate means a FEMA form used as an administrative tool of the NFIP to 47
provide building elevation information necessary to ensure compliance with community 48
floodplain management ordinances, to inform the proper insurance premi um, and to support a 49
request for a LOMA, CLOMA, LOMR-F, or CLOMR-F. 50
Encroachment means activities or construction within the floodway including fill, new 51
construction, substantial improvements, and other development. 52
Existing Construction means, for the purposes of determining rates, structures for which the 53
“start of construction” commenced before the effective date of the FIRM or before January 1, 54
1975, for FIRMs effective before that date. “Existing construction” may also be referred to as 55
“existing structures”. 56
Existing Manufactured Home Park or Subdivision means a manufactured home park or 57
subdivision for which the construction of facilities for servicing the lots on which the 58
manufactured homes are to be affixed (including at a minimum the installat ion of utilities, the 59
construction of streets, and final site grading or the pouring of concrete pads) is completed 60
before the effective date of the original floodplain management regulations adopted by the 61
community. 62
Expansion to an Existing Manufactured Home Park or Subdivision means the preparation 63
of additional sites by the construction of facilities for servicing the lots on which the 64
manufactured homes are to be affixed, including the installation of utilities, the construction of 1
streets, and either final site grading or the pouring of concrete pads. 2
Fair Market Value means the price that the seller is willing to accept and the buyer is to pay 3
on the open market and in an arm's length transaction. 4
Flood or Flooding means: 5
a. A general and temporary condition of partial or complete inundation of normally dry land 6
areas from: 7
i.The overflow of inland or tidal waters. 8
ii.The unusual and rapid accumulation or runoff of surface waters from any source. 9
iii.Mudslides which are proximately caused by flooding as described in part “b.” of 10
this definition and are akin to a river of liquid and flowing mud on the surfaces of 11
normally dry land areas, as when earth is carried by a current of water and 12
deposited along the path of the current. 13
b. The collapse or subsidence of land along the shore of a lake or other body of water as a 14
result of erosion or undermining caused by waves or currents of water exceeding 15
anticipated cyclical levels or suddenly caused by an unusually highwater level in a natural 16
body of water, accompanied by a severe storm, or by an unanticipated force of nature, 17
such as flash flood or an abnormal tidal surge, or by some similarly unusual and 18
unforeseeable event which results in flooding as defined in paragraph “a” of this 19
definition. 20
Flood Damage-Resistant Material means any building product capable of withstanding direct 21
and prolonged contact with floodwaters without sustaining significant damage. Prolonged 22
contact is defined as at least 72 hours. Significant damage is any dama ge requiring more than 23
low-cost cosmetic repair (such as painting). 24
Flood Elevation Determination means a determination by the Federal Insurance 25
Administrator of the water surface elevations of the base flood, that is, the flood level that has 26
a one percent or greater chance of occurrence in any given year. 27
Flood Elevation Study means an examination, evaluation, and determination of flood hazards 28
and, if appropriate, corresponding water surface elevations, or an examination, evaluation, and 29
determination of mudslide (i.e., mudflow) and/or flood-related erosion hazards. 30
Flood Hazard Boundary Map (FHBM) means an official map of a community, issued by the 31
Federal Insurance Administration, where the boundaries of special flood hazard areas have 32
been designated as Zones A, M, and/or E. 33
Flood Insurance Rate Map (FIRM) means an official map of a community, on which the 34
Federal Insurance Administrator has delineated both the special hazard areas and the risk 35
premium zones applicable to the community. A FIRM that has been made available digitally is 36
called a Digital Flood Insurance Rate Map (DFIRM). 37
Flood Insurance Study (see Flood Elevation Study) 38
Floodplain (or Flood-Prone Area) means any land area susceptible to being inundated by 39
water from any source (see def inition of Flooding). 40
Floodplain Management means the operation of an overall program of corrective and 41
preventive measures for reducing flood damage, including but not limited to emergency 42
preparedness plans, flood control works, and floodplain management regulations. 43
Floodplain Management Regulations means this Ordinance and other zoning ordinances, 44
subdivision regulations, building codes, health regulations, special purpose ordinances (such 45
as those for floodplain management, stormwater management, watershed management, 46
grading/ earthwork, and erosion control), and other applications of police power. This term 47
describes state or local regulations in any combination thereof, which provide standards for the 48
purpose of flood damage prevention and reduction. 49
Floodproofing means any combination of structural and nonstructural additions, changes or 50
adjustments to structures, which reduce or eliminate risk of flood damage to real estate or 51
improved real property, water and sanitation facilities, structures, and their contents. 52
Flood Protection System means those physical structural works for which funds have been 53
authorized, appropriated, and expended and which have been constructed specifically to 54
modify flooding in order to reduce the extent of the area within a community subject to a “special 55
flood hazard” and the extent of the depths of associated flooding. Such a system typically 56
includes hurricane tidal barriers, dams, reservoirs, levees or dikes. These specialized flood 57
modifying works are those constructed in conformance with sound engineering sta ndards. 58
Flood-related Erosion means the collapse or subsidence of land along the shore of a lake or 59
other body of water as a result of undermining caused by waves or currents of water exceeding 60
anticipated cyclical levels or suddenly caused by an unusually high water level in a natural body 61
of water, accompanied by a severe storm, or by an unanticipated force of nature, such as a 62
flash flood or an abnormal tidal surge, or by some similarly unusual and unforeseeable event 63
which results in flooding. 64
Flood-related Erosion Area or Flood-related Erosion Prone Area means a land area 1
adjoining the shore of a lake or other body of water, which due to the composition of the 2
shoreline or bank and high water levels or wind -driven currents, is likely to suffer flood-related 3
erosion damage. 4
Flood-related Erosion Area Management means the operation of an overall program of 5
corrective and preventive measures for reducing flood-related erosion damage, including but 6
not limited to emergency preparedness plans, flood -related erosion control works, and flood 7
plain management regulations. 8
Floodway (see definition for Regulatory Floodway) 9
Floodway Fringe (or Flood Fringe) means the portion of the Special Flood Hazard Area 10
outside of the floodway, which experiences shallower, lower-velocity floodwater than in the 11
floodway. It serves as a temporary floodwater storage area during a flood. 12
Floodway Encroachment Lines mean the lines marking the limits of floodways on 13
Federal, State and local flood plain maps. 14
Freeboard means a factor of safety usually expressed in feet above a flood level for 15
purposes of flood plain management. “Freeboard” tends to compensate for the many 16
unknown factors that could contribute to flood heights greater than the height calculated for 17
a selected size flood and floodway conditions, such as wave action, bridge openings, and 18
the hydrological effect of urbanization of the watershed. 19
Functionally Dependent Use means a means a use which cannot perform its intended 20
purpose unless it is located or carried out in close proximity to water. The term includes only 21
docking facilities, port facilities that are necessary for the loading and unloading of cargo or 22
passengers, and ship building and ship repair facilities, but does not include long-term storage 23
or related manufacturing facilities. 24
Future-conditions Flood Hazard Area, or Future-conditions Floodplain (see Area of 25
Future-conditions Flood Hazard) 26
Future-conditions Hydrology means the flood discharges associated with projected land-use 27
conditions based on a community's zoning maps and/or comprehensive land -use plans and 28
without consideration of projected future construction of flood detention structures or projected 29
future hydraulic modifications within a stream or other waterway, such as bridge and culve rt 30
construction, fill, and excavation. 31
Hazardous Substance (or Material) means any substance or material that, when involved in 32
an accident and released in sufficient quantities, poses a risk to people’s health, safety, and/or 33
property. These substances and materials include explosives, radioactive materials, flammable 34
liquids or solids, combustible liquids or solids, poisons, oxidizers, toxins, and corrosive 35
materials. It includes any substance defined as a hazardous substance pursuant to 42 U.S.C. 36
§9601(14) or listed as a hazardous waste pursuant to the Hazardous Wastes Management 37
Act, Section 22-30-1 et seq. and the regulations promulgated thereunder. 38
Highest Adjacent Grade means the highest natural elevation of the ground surface, prior to 39
construction, next to the proposed walls of a structure. 40
Historic Structure means any structure that is: 41
a. Listed individually in the National Register of Historic Places (a listing maintained by the 42
U.S. Department of Interior) or preliminarily determined by the Secretary of the Interior 43
as meeting the requirements for individual listing on the National Register: 44
b. Certified or preliminarily determined by the Secretary of the Interior as contributing to the 45
historical significance of a registered historic district or a district preliminarily determined 46
by the Secretary to qualify as a registered historic district: 47
c. Individually listed on a state inventory of historic places and determined as eligible by 48
states with historic preservation programs which have been approved by the Secretary 49
of the Interior; or 50
d. Individually listed on a local inventory of historic places and determined as eligible by 51
communities with historic preservation programs that have been certified either: 52
i.By an approved state program as determined by the Secretary of the Interior, or 53
ii.Directly by the Secretary of the Interior in states without approved programs. 54
Increased Cost of Compliance (ICC) means a claim under a standard NFIP flood insurance 55
policy, available to flood insurance policyholders who need additional funding to rebuild after a 56
flood. It provides up to $30,000 to help cover the increased cost of mitigation measures to bring 57
a building into compliance with the latest state or local floodplain management ordinances. 58
Acceptable mitigation measures are elevation, floodproofing, relocation, and demolition, or any 59
combination of these measures. 60
Letter of Map Change (LOMC) is an official FEMA determination, by letter, to amend or revise 61
effective Flood Insurance Rate Maps, Flood Boundary and Floodway Maps, and Flood 62
Insurance Studies. LOMC’s are broken down into the following categories: 63
a. Letter of Map Amendment (LOMA) 64
An amendment based on technical data showing that a property was incorrectly included 1
in a designated SFHA, was not elevated by fill (only by a natural grade elevation), and 2
will not be inundated by the one percent chance flood. A LOMA amends the current 3
effective FIRM and establishes that a specific property is not located in a SFHA. 4
b. Letter of Map Revision (LOMR) 5
A revision based on technical data that, usually due to manmade changes, shows 6
changes to flood zones, flood elevations, floodplain and floodway delin eations, and 7
planimetric features. One common type of LOMR, a LOMR-F, is a determination 8
concerning whether a structure or parcel has been elevated by fill above the BFE and is, 9
therefore, excluded from the SFHA. 10
c. Conditional Letter of Map Revision (CLOMR) 11
A formal review and comment by FEMA as to whether a proposed project complies with 12
the minimum NFIP floodplain management criteria. A CLOMR does not revise effective 13
Flood Insurance Rate Maps, Flood Boundary and Floodway Maps, or Flood Insurance 14
Studies. 15
Levee means a man-made structure, usually an earthen embankment, designed and 16
constructed in accordance with sound engineering practices to contain, control, or divert the 17
flow of water so as to provide protection from temporary flooding. 18
Levee System means a flood protection system which consists of a levee, or levees, and 19
associated structures, such as closure and drainage devices, which are constructed and 20
operated in accordance with sound engineering practices. 21
Lowest Adjacent Grade means the lowest elevation of the natural or regraded ground 22
surface, or structural fill (or concrete slab or pavement), at the location of a structure. 23
Lowest Floor means the lowest floor of the lowest enclosed area (including basement). An 24
unfinished or flood resistant enclosure, used solely for parking of vehicles, building access, or 25
storage, in an area other than a basement, is not considered a building's lowest floor, provided 26
that such enclosure is not built so as to render the structure in violation of other provisi ons of 27
this Ordinance. This definition applies even when the floor below ground level is not enclosed 28
by full-height walls. 29
Manufactured Home means a structure, transportable in one or more sections, which is built 30
on a permanent chassis and is designed for use with or without a permanent foundation when 31
attached to the required utilities. The term “manufactured home” does not include a 32
“recreational vehicle”. 33
Manufactured Home Park or Subdivision means a parcel (or contiguous parcels) of land 34
divided into two or more manufactured home lots for rent or sale. 35
Market Value (see definition for Fair Market Value) 36
Mean Sea Level means, for purposes of the National Flood Insurance Program, the National 37
Geodetic Vertical Datum (NGVD) of 1929 or other datum, to which base flood elevations shown 38
on a community's Flood Insurance Rate Map are referenced. 39
Mixed Use Building means a building that has both residential and non-residential uses. 40
Mudslide (i.e., mudflow) means a condition where there is a river, flow or inundation of liquid 41
mud down a hillside usually as a result of a dual condition of loss of brush cover, and the 42
subsequent accumulation of water on the ground preceded by a period of unusually heavy or 43
sustained rain. A mudslide (i.e., mudflow) may occur as a distinct phenomenon while a 44
landslide is in progress and, will be recognized as such by the Administrator only if the mudflow, 45
and not the landslide, is the proximate cause of damage that occurs. 46
Mudslide (i.e., mudflow) Area Management means the operation of an overall program of 47
corrective and preventive measures for reducing mudslide (i.e., mudflow) damage, including 48
but not limited to emergency preparedness plans, mudslide control works, and flood plain 49
management regulations. 50
Mudslide (i.e., mudflow) Prone Area means an area with land surfaces and slopes of 51
unconsolidated material where the history, geology and climate indicate a pote ntial for 52
mudflow. 53
National Flood Insurance Program (NFIP) is a federal program created by the United States 54
Congress in 1968 to identify flood-prone areas nationwide and make flood insurance available 55
for properties in participating communities. Communities must enact and enforce floodplain 56
management regulations that meet or exceed the criteria established by FEMA in order to 57
participate in the program. This program requires properties within the floodplain with a 58
federally backed or regulated mortgage, or those that receive federal housing subsidies, to buy 59
flood insurance. 60
National Geodetic Vertical Datum (NGVD) of 1929 means a national standard reference 61
datum for elevations, formerly referred to as Mean Sea Level (MSL) of 1929. NGVD 1929 may 62
be used as the reference datum on some Flood Insurance Rate Maps (FIRMs). 63
New Construction means, for the purposes of determining insurance rates, structures for 1
which the “start of construction” commenced on or after the effective date of an initial FIRM or 2
after December 31, 1974, whichever is later, and includes any subsequent improvements to 3
such structures. For floodplain management purposes, new construction means structures for 4
which the start of construction commenced on or after the effective date of a floodplain 5
management regulation adopted by a community and includes any subsequent improvements 6
to such structures. 7
An existing building is considered to be new construction if it is substantially improved or once 8
it has been repaired after being substantially damaged/improved. 9
New Manufactured Home Park or Subdivision means a manufactured home park or 10
subdivision for which the construction of facilities for servicing the lots on which the 11
manufactured homes are to be affixed (including at a minimum, the installation of utilities, the 12
construction of streets, and either final site grading or the pouring of concrete pads) is 13
completed on or after August 1, 1978. 14
Non-Residential Building means, a commercial or mixed-use building where the primary use 15
is commercial or non-habitational. 16
Non-residential Property means either a non-residential building, the contents within a non-17
residential building, or both. 18
North American Vertical Datum (NAVD ) of 1988 means the vertical control datum 19
established for vertical control surveying in the Unites States of America based upon the 20
General Adjustment of the North American Datum of 1988. It replaces the National Geodetic 21
Vertical Datum (NGVD) of 1929. Used by FEMA in many recent Flood Insurance Studies as 22
the basis for measuring flood, ground, and structural elevations. 23
Post-FIRM means, for floodplain management purposes, a post-FIRM building is one for which 24
construction began after the effective date of a community’s NFIP-compliant floodplain 25
management ordinance. For the purpose of determining flood insurance rates under the NFIP, 26
a post-FIRM building is a building for which construction began on or after the effective date of 27
an initial Flood Insurance Rate Map or after December 31, 1974, whichever is later, including 28
any subsequent improvements to such structures. 29
Pre-FIRM means, for floodplain management purposes, a building for which the start of 30
construction occurred before the effective date of the community’s NFIP-compliant floodplain 31
management ordinance. For the purpose of determining flood insurance rates under the NFIP, 32
a pre-FIRM building is a building for which construction began prior to the effective date of an 33
initial Flood Insurance Rate Map or on or before December 31, 1974, whichever is later. 34
Recreational Vehicle means a vehicle which is: 35
a. Built on a single chassis; 36
b. 400 square feet or less when measured at the largest horizontal projection; 37
c. Designed to be self-propelled or permanently towable by a light duty truck; and 38
d. Designed primarily not for use as a permanent dwelling but as temporary living quarters 39
for recreational, camping, travel, or seasonal use. 40
Regular Program means the Program authorized by the Act under which risk premium rates 41
are required for the first half of available coverage (also known as “first layer” coverage) for all 42
new construction and substantial improvements started on or after the effective date of the 43
FIRM, or after December 31, 1974, for FIRM's effective on or before that date. All buildings, 44
the construction of which started before the effective date of the FIRM, or before January 1, 45
1975, for FIRMs effective before that date, are eligible for first layer coverage at either 46
subsidized rates or risk premium rates, whichever are lower. Regardless of date of 47
construction, risk premium rates are always required for the second layer coverage and such 48
coverage is offered only after the Administrator has completed a risk study for the community. 49
Regulatory Floodway means the channel of a river or other watercourse and the adjacent 50
land areas that must be reserved in order to discharge the base flood without cumulatively 51
increasing the water surface elevation more than a designated height. 52
Remedy a Violation means to bring the structures or other development into full or partial 53
compliance with State or local regulations or, if this is not possible, to reduce the impacts of its 54
non-compliance. Ways that impacts may be reduced include protecting the structure or other 55
affected development from flood damages, implementing the enforcement provision of the 56
ordinance or otherwise deterring future similar violations, or reducing Federal financial 57
exposure with regard to the structure or other development. 58
Repetitive Loss Agricultural Structure means an agricultural structure covered by a NFIP 59
contract for flood insurance that has incurred flood-related damage on two (2) separate 60
occasions in which the cost of repair, on the average, equaled or exceeded 25 percent of the 61
value of the structure at the time of each such flood event. 62
Repetitive Loss Property means any NFIP-insured single family or multi-family residential 63
building for which two or more claims of more than $1,000 were paid by the NFIP within any 64
rolling 10-year period, since 1978. A repetitive loss property may or may not be currently 1
insured by the NFIP. 2
Residential Building means a non-commercial building designed for habitation by one or 3
more families or a mixed-use building that qualifies as a single-family, two-to-four family, or 4
other residential building. 5
Residential Property means either a residential building or the contents within a residential 6
building, or both. 7
Riverine means floodplain relating to, formed by, or resembling a river (including tributaries), 8
stream, brook, etc. Riverine floodplains have readily identifiable channels. 9
Section 1316 means Section 1316 of the National Flood Insurance Act of 1968, as amended, 10
which provides for the denial of flood insurance coverage for any property which the 11
Administrator finds has been declared by a duly constituted State or local authority to be in 12
violation of State or local floodplain management regulations. Once a duly co nstituted State or 13
local authority declares a structure as being in violation, the Administrator must deny flood 14
insurance coverage provided that the individual or office making the declaration has the 15
authority to do so and that the law or regulations violated was, in fact, intended to discourage 16
or otherwise restrict land development or occupancy in the flood-prone area. 17
Section 1316 was intended for use primarily as a backup for local enforcement actions (i.e., if 18
a community could not force compliance through the enforcement mechanisms in its 19
regulations, it could use Section 1316 as additional leverage) and was not intended merely as 20
a mechanism to remove bad risks from the policy base. Section 1316 will only be implemented 21
in instances where States or communities submit declarations specifically for that purpose. 22
Severe Repetitive Loss Structure means a single family property (consisting of 1 to 4 23
residences) that is covered under flood insurance by the NFIP and has incurred flood -related 24
damage for which 4 or more separate claims payments have been paid under flood insurance 25
coverage, with the amount of each claim payment exceeding $5,000 and with cumulative 26
amount of such claims payments exceeding $20,000; or for which at least 2 separate claims 27
payments have been made with the cumulative amount of such claims exceeding the reported 28
value of the property. 29
Sheet Flow Area (see definition for Area of Shallow Flooding) 30
Single-family Dwelling means either (a) a residential single-family building in which the total 31
floor area devoted to non-residential uses is less than 50 percent of the building's total floor 32
area, or (b) a single-family residential unit within a two-to-four family building, other-residential 33
building, business, or non-residential building, in which commercial uses within the unit are 34
limited to less than 50 percent of the unit's total floor area. 35
Special Flood Hazard Area (SFHA) means the land in the floodplain within a community 36
subject to a one percent or greater chance of flooding in any given year as shown on a FHBM 37
or FIRM as Zones A, AE, AH, AO, AR, AR/AE, AR/AO, AR/AH, AR/A, A99, or VE. The SFHA 38
is the area where the National Flood Insurance Program's (NFIP's) floodplain management 39
regulations must be enforced and the area where the mandatory purchase of flood insurance 40
applies. 41
Special Flood-related Erosion Hazard Area means the land within a community which is 42
most likely to be subject to severe flood-related erosion losses. The area may be designated 43
as Zone E on the Flood Hazard Boundary Map (FHBM). After the detailed evaluation of the 44
special flood-related erosion hazard area in preparation for publication of the FIRM, Zone E 45
may be further refined. 46
Special Mudslide (i.e., mudflow) Hazard Area means the land within a community most likely 47
to be subject to severe mudslides (i.e., mudflows). The area may be designated as Zone M on 48
the FHBM. After the detailed evaluation of the special mudslide (i.e., mudflow) hazard area in 49
preparation for publication of the FIRM, Zone M may be further refined. 50
Start of Construction (for other than new construction or substantial improvements under the 51
Coastal Barrier Resources Act (Pub. L. 97-348)) means the date the development or building 52
permit was issued (includes substantial improvement), provided the actual start of construction, 53
repair, reconstruction, or improvement was within 180 days of the permit date. The actual start 54
means the first placement of permanent construction of the structure (including a manufactured 55
home) on a site, such as the pouring of slabs or footings, installation of piles, construction of 56
columns, or any work beyond the stage of excavation, and includes the p lacement of a 57
manufactured home on a foundation. 58
“Permanent construction” does not include initial land preparation, such as clearing, grading 59
and filling; nor does it include the installation of streets and/or walkways; nor does it include 60
excavation for a basement, footings, piers or foundations or the erection of temporary forms; 61
nor does it include the installation on the property of accessory buildings, such as garages or 62
sheds not occupied as dwelling units or part of the main structure. For a substa ntial 63
improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, 64
or other structural part of a building, whether or not that alteration affects the external 1
dimensions of the building. 2
Structure means, for floodplain management purposes, a walled and roofed building, including 3
a liquid or gas storage tank, that is principally above ground, as well as a manufactured home. 4
The terms "structure" and "building" are interchangeable in the NFIP. For insurance purposes, 5
structure means: 6
(1) A building with two or more outside rigid walls and a fully secured roof, that is affixed to 7
a permanent site; 8
(2) A manufactured home (“a manufactured home,” also known as a mobile home, is a 9
structure: built on a permanent chassis, transported to its site in one or more sections, 10
and affixed to a permanent foundation); or 11
(3) A travel trailer without wheels, built on a chassis and affixed to a permanent foundation, 12
that is regulated under the community's floodplain management an d building ordinances 13
or laws. 14
For the latter purpose, “structure” does not mean a recreational vehicle or a park trailer or other 15
similar vehicle, except as described in paragraph (3) of this definition, or a gas or liquid storage 16
tank. 17
Substantial Damage means damage of any origin sustained by a structure whereby the cost 18
of restoring the structure to it before damaged condition would equal or exceed 50 percent of 19
the market value of the structure before the damage occurred. 20
Substantial Improvement means any reconstruction, rehabilitation, alteration, addition, or 21
other improvement of a building or structure, taking place during a 10 -year period, the cost of 22
which equals or exceeds 50 percent of the market value of the structure before the “start of 23
construction” of the improvement. See “Cumulative Substantial Improvement/Damage.” This 24
term includes structures which have incurred “repetitive loss” or “substantial damage”, 25
regardless of the actual repair work performed. The term does not, however, include e ither: 26
a. Any project for improvement of a structure to correct existing violations of state or 27
local health, sanitary, or safety code specifications which have been identified by the 28
local code enforcement official and which are the minimum necessary to ass ure safe 29
living conditions (provided that said code deficiencies were not caused by neglect or 30
lack of maintenance on the part of the current or previous owners) or; 31
b. Any alteration of an “historic structure”, provided that the alteration will not preclude 32
the structure’s continued designation as a “historic structure”. 33
Variance means a grant of relief by the (Community name) from the terms of a floodplain 34
management regulation. 35
Violation means the failure of a structure or other development to be fully c ompliant with the 36
community's floodplain management regulations. A structure or other development without the 37
elevation certificate, other certifications, or other evidence of compliance required in the Code 38
of Federal Regulations (CFR) §44, Sec. 60.3(b)(5), (c)(4), (c)(10), (d)(3), (e)(2), (e)(4), or (e)(5) 39
is presumed to be in violation until such time as that documentation is provided. 40
Watercourse means only the channel and banks of an identifiable watercourse and not the 41
adjoining floodplain areas. The flood carrying capacity of a watercourse refers to the flood 42
carrying capacity of the channel. 43
Water surface elevation means the height, in relation to the National Geodetic Vertical Datum 44
(NGVD) of 1929 (or other datum, where specified) of floods of var ious magnitudes and 45
frequencies in the floodplains of coastal or riverine areas. 46
Wet floodproofing means a method of construction that involves modifying a building to allow 47
floodwaters to enter it in order to minimize damage to the building, using flood damage-48
resistant materials below the DFE throughout the building, raising utilities and important 49
contents to or above the DFE, installing and configuring electrical and mechanical systems to 50
minimize disruptions and facilitate repairs, installing flood op enings or other methods to 51
equalize the hydrostatic pressure exerted by floodwaters, and, where required, installing 52
pumps to gradually remove floodwater from basement areas after the flood. 53
Wet floodproofing shall not be utilized as a method to satisfy the requirements of this Ordinance 54
for bringing substantially damaged or improved structures into compliance. Wet floodproofing 55
is not allowed in lieu of complying with the lowest floor elevation requirements for new 56
residential buildings. 57
X Zones (shaded) means the areas on a FIRM subject to inundation by the flood that has a 58
0.2-percent chance of being equaled or exceeded during any given year, often referred to the 59
as 500-year flood. 60
X Zones (unshaded) designates areas on a FIRM where the annual probability of flooding is 61
less than 0.2 percent. 62
Zone of Imminent Collapse means an area subject to erosion adjacent to the shoreline of an 1
ocean, bay, or lake and within a distance equal to 10 feet plus 5 times the average annual 2
long-term erosion rate for the site, measured from the reference feature. 3
4
DIVISION 7. – Legal Status Provisions 5
6
Sec. 109-91. Severability. 7
If any section, clause, sentence, or phrase of this Ordinance is held to be invalid or 8
unconstitutional by any court of competent jurisdiction, then said holding shall in no way 9
effect the validity of the remaining portions of this Ordinance. 10
Sec. 109-92. Enforceability of Ordinance and future revisions. 11
The provisions within this Ordinance must be legally enforceable; applied uniformly throughout 12
the community to all privately and publicly owned land within any regulated flood hazard areas; 13
meet the minimum standards set forth in §60.3 of the Code of Fede ral Regulations Title 44; 14
and the community must provide that the provisions of this Ordinance take precedence over 15
any less restrictive conflicting local laws, ordinances, or codes. 16
17
If the City of Prattville repeals its floodplain management regulations, allows its regulations to 18
lapse, or amends its regulations so that they no longer meet the minimum requirements set 19
forth in §60.3 of the Code of Federal Regulations Title 44, it shall be suspended from the 20
National Flood Insurance Program (NFIP). The community eligibility shall remain terminated 21
after suspension until copies of adequate floodplain management regulations have been 22
received and approved by the Federal Insurance Administrator. To avoid such occurrences, 23
the City of Prattville will coordinate with the Alabama NFIP State Coordinator and FEMA 24
Regional Office prior to any revisions to this Ordinance. Without prior approval of the Federal 25
Insurance Administrator, the community shall not adopt and enforce revised floodplain 26
management regulations. 27
28
From time-to-time Part 60 of the Code of Federal Regulations Title 44 may be revised to 29
advance flood risk reduction measures as experience is acquired under the NFIP and new 30
information becomes available. The City of Prattville agrees to revise its flo odplain 31
management Ordinance to comply with any such changes within six months from the effective 32
date of any new federal regulation. 33
34
THIS Ordinance shall become effective upon its passage and execution as provided by 35
36
law. 37
38
ADOPTED THIS 6TH DAY OF AUGUST, 2024. 39
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By: Lora Lee Boone, President 43
Prattville City Council 44
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AUTHENTICATED THIS 6TH DAY OF AUGUST, 2024. 46
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By: Paula G. Barlow 50
City Clerk 51
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APPROVED: 54
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By: Bill Gillespie, Jr. 58
Mayor 59
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ORDINANCE BOOK 2024, PAGE ___ 64
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RESOLUTION 1
2
[To Amend the Budget and Award Bid No. 024-009 to David Bulger, Inc. for Cooters Pond 3
Parking Improvements at a Cost Not to Exceed $320,037.40.] 4
5
{Sponsored By: Council President Pro Tempore Strichik} 6
7
WHEREAS, the Parks and Recreation Department had specifications drafted for 8
9
parking improvements to Cooters Pond; and 10
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WHEREAS, seven (7) sealed bids were received, opened and read aloud on July 12
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25, 2024, at 10:00 a.m. in the Council Chambers at City Hall, and David Bulger, Inc. was the 14
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lowest responsible bidder at a cost of $320,037.40 for said improvement project; and 16
17
WHEREAS, this is a partially budgeted expense for the Parks and Recreation 18
19
Department. 20
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NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Prattville that 22
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the FY2024 Budget is hereby amended as follows: 24
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Decrease General Fund/ District Tax Reserves $113,537.40 26
Increase General Fund/ District Tax – Elmore County $113,500.00 27
Increase Parks and Recreation Capital Outlay $227,037.40 28
29
BE IT FURTHER RESOLVED that the City Council hereby awards Bid No. 024-009 to 30
31
David Bulger, Inc. in an amount not to exceed $320,037.40 for said improvement project, and 32
33
said funds are approved and appropriated from the FY2024 Budget Line Item Parks and 34
35
Recreation Capital Outlay. 36
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BE IT FURTHER RESOLVED that the Mayor is hereby authorized to execute any and 38
39
all documents necessary to carry out the intent of this Resolution. 40
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ADOPTED THIS 6TH DAY OF AUGUST, 2024. 42
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By: Lora Lee Boone, President 46
Prattville City Council 47
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AUTHENTICATED THIS 6TH DAY OF AUGUST, 2024. 49
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By: Paula G. Barlow 53
City Clerk 54
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APPROVED: 56
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By: Bill Gillespie, Jr. 60
Mayor 61
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RESOLUTION BOOK 2024-A, PAGE ___ 64
RESOLUTION 1
2
[To Authorize the Mayor to Enter into an Agreement with Civil Southeast, LLC for 3
Construction Engineering and Inspection Services for Cooters Pond Parking Improvements at 4
a Cost Not to Exceed $32,000.00.] 5
6
{Sponsored By: Council President Pro Tempore Strichik} 7
8
WHEREAS, a need has been identified for construction engineering and inspection 9
10
services for parking improvements at Cooters Pond; and 11
12
WHEREAS, Civil Southeast, LLC has the expertise to provide said engineering services 13
14
at a cost not to exceed $32,000.00; and 15
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WHEREAS, §39-2-2(d)(1), Code of Alabama, 1975, as amended, allows contracts to 17
18
secure services with engineers possessing a high degree of professional skill to be let without 19
20
bidding; and 21
22
WHEREAS, this is a budgeted expense in the Parks and Recreation Department. 23
24
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Prattville, that 25
26
the Mayor is hereby authorized to enter into said agreement with Civil Southeast, LLC for said 27
28
construction engineering and inspection services at a cost not to exceed $32,000.00, and 29
30
funds are approved and appropriated from FY2024 Budget Line Item Parks and Recreation 31
32
Capital Outlay. 33
34
BE IT FURTHER RESOLVED that the Mayor is hereby authorized to execute any and 35
36
all documents necessary to carry out the intent of this Resolution. 37
38
ADOPTED THIS 6TH DAY OF AUGUST, 2024. 39
40
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By: Lora Lee Boone, President 43
Prattville City Council 44
45
AUTHENTICATED THIS 6TH DAY OF AUGUST, 2024. 46
47
48
49
By: Paula G. Barlow 50
City Clerk 51
52
APPROVED: 53
54
55
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By: Bill Gillespie, Jr. 57
Mayor 58
59
60
61
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63
RESOLUTION BOOK 2024-A, PAGE ____ 64
RESOLUTION 1
2
[To Authorize Demolition and Removal of the Dilapidated Residential Structure Located at 3
114 8th Street and Award a Contract to Grier Services, Incorporated at a Cost Not to Exceed 4
$7,450.00.] 5
6
{Sponsored By: Councilor Whaley} 7
8
WHEREAS, the City of Prattville Building Inspector declared the residential structure at 9
10
114 8th Street to be unsafe and a public nuisance on March 14, 2024, pursuant to §11 -53B of 11
12
the Code of Alabama, 1975, as amended; and 13
14
WHEREAS, on March 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 114 8 th Street within 45 days of said notice; and 19
20
WHEREAS, in Resolution Book 2024-A, Page 114, on May 21, 2024, the City Council 21
22
of the City of Prattville declared the residential structure located at 114 8th 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 114 8th Street. 35
36
BE IT FURTHER RESOLVED that a contract in an amount not to exceed $7,450.00 is 37
38
awarded to Grier Services, Incorporated for demolition and removal of said residential structure 39
40
located at 114 8th 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 6TH DAY OF AUGUST, 2024. 49
50
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By: Lora Lee Boone, President 53
Prattville City Council 54
55
AUTHENTICATED THIS 6TH DAY OF AUGUST, 2024. 56
57
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By: Paula G. Barlow 60
City Clerk 61
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APPROVED: 1
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3
4
By: Bill Gillespie, Jr. 5
Mayor 6
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RESOLUTION BOOK 2024-A, PAGE _____ 64
RESOLUTION 1
2
[To Amend the Budget, Consent to the Settlement of Litigation styled BVCV High Point, LLC 3
v. City of Prattville, U.S. District Court, Middle District of Alabama and to Authorize the 4
Purchase of Real Property.] 5
6
{Sponsored By: Council President Boone} 7
8
BEING PREPARED BY CITY STAFF 9
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ADOPTED THIS 6TH DAY OF AUGUST, 2024. 40
41
42
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By: Lora Lee Boone, President 44
Prattville City Council 45
46
AUTHENTICATED THIS 6TH DAY OF AUGUST, 2024. 47
48
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By: Paula G. Barlow 51
City Clerk 52
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APPROVED: 54
55
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By: Bill Gillespie, Jr. 58
Mayor 59
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RESOLUTION BOOK 2024-A, PAGE ___ 63
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