DRAFT CC Packet 2024.08.20
AGENDA
PRATTVILLE CITY COUNCIL
TUESDAY, AUGUST 20, 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: Redistricting Work Session July 30, 2024 and Public Hearing and
City Council Meeting August 6, 2024
COMMENTS FROM PERSONS PRESENT REGARDING TONIGHT’S AGENDA:
MAYOR’S REPORT:
REPORT FROM COUNCIL ON SPECIAL COMMITTEES:
REPORT ON THE STATUS OF CITY FINANCES:
CONSENT AGENDA
1. RESOLUTION: To Set a Public Hearing to Declare the Abundance of Overgrown Grass and
Weeds at 1105 Deramus Court, 1397 Cubs Place, 403 Azalea Drive and 104 New Moon Court,
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}
2. RESOLUTION: To Declare the Stagnant Water at 403 Azalea Drive a Public Nuisance and
Authorize the Mayor to Abate and Charge Any Incurred Expenses Pursuant to Chapter 46 et
seq., City of Prattville Code of Ordinances. {Sponsored By: Councilor Whaley}
3. RESOLUTION: To Surplus Personal Property from Various Departments. {Sponsored By:
Councilor Merrick}
4. RESOLUTION: To Surplus Personal Property from Wastewater. {Sponsored By: Councilor
Jackson}
5. RESOLUTION: To Authorize the City Attorney to Affix the Cost for the Removal of Garbage
and Rubbish at 1391 Giants Drive. {Sponsored By: Council Whaley}
6. RESOLUTION: To Authorize the City Attorney to Affix the Cost for the Removal of Garbage
and Rubbish at 1386 Serenity Drive. {Sponsored By: Council Whaley}
7. RESOLUTION: To Adopt a Transportation Plan for Fiscal Year 202 5 as Required by Act
2019-2 for the Rebuild Alabama Fund. {Sponsored By: Councilor Jackson}
AGENDA
1. ORDINANCE: To Rezone Property Located Inside the Corporate Limits at 1241 Upper
Kingston Road from R-2 (Single Family Residential) and FAR (Forest, Agriculture, Recreation)
to FAR (Petitioner: Russ and Jessica Sanders). {Sponsored By: Councilor Jackson} FIRST
INTRODUCED JULY 16, 2024
2. RESOLUTION: To Declare the Dilapidated Structure at 106 7th Street to Be Unsafe and a
Public Nuisance. {Sponsored By: Councilor Chambers} HELD FROM JULY 16, 2024
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} HELD FROM AUGUST 6, 2024
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} HELD
FROM AUGUST 6, 2024
5. 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} HELD
FROM AUGUST 6, 2024
6. ORDINANCE: To Grant a Franchise Agreement to Telepak Networks, Inc. d/b/a C Spire and
Its Affiliates (collectively, “C Spire”) to Construct, Operate and Maintain a Telecommunications
System in the City of Prattville and Set Forth the Conditions Accompanying the Grant of the
Franchise. {Sponsored By: Councilor Chambers}
7. ORDINANCE: To Amend Ordinance Book 2011, Page 024, Ordinance Book 2016-A, Page
009 and Ordinance Book 2020, Page 005 to Re -Describe the Legal Descriptions of City Council
Districts Pursuant to 2020 Federal Census and Designate Voting Locations. {Sponsored By:
Council President Boone}
8. RESOLUTION: To Authorize the Mayor to Enter into an Agreement with Engineers of the
South LLC for Professional Design Engineering Services, Work Order No. 34 - Project No. PV-
2404, for Upgrades to the Autauga Creek Wastewater Treatment Plant at a Cost Not to Exceed
$1,440,000.00. {Sponsored By: Councilor Jackson}
9. RESOLUTION: To Amend the FY2024 Budget and Award Bid No. 024 -012 to Stivers Ford
Lincoln Inc. for the Purchase of 2025 or Newer Police Utility SUVs with Installation and
Purchase/Installation of Fleet Emergency Equipment for the Police Department at a Total Cost
Not to Exceed $379,760.00. {Sponsored By: Councilor Chambers}
10. RESOLUTION: To Award Bid No. 024-011 to Stone and Sons Electrical Contractors, Inc.
for the Tara Drive @ McQueen Smith Road Traffic Signal at a Cost Not to Exceed $231,567.26.
{Sponsored By: Councilor Whaley}
11. RESOLUTION: To Authorize the Release of Funds for the Construction of a Restroom at
Spinners Park from CAMCO Properties, LLC for the Parks and Recreation Department at a
Cost Not to Exceed $67,990.03. {Sponsored By: Council President Pro Tempore Strichik}
12. RESOLUTION: To Authorize the Mayor to Enter into an Agreement with Seay, Seay &
Litchfield, P.C. for Architectural Design Services for the Vehicle Maintenance Office Building
Project at a Cost Not to Exceed $39,500.00. {Sponsored By: Councilor Merrick}
13. RESOLUTION: To Authorize the Reimbursement pursuant to the United States Treasury
Regulation Section 1.150-2 for Capital Improvements. {Sponsored By: Council President Pro
Tempore Strichik}
14. RESOLUTION: To Appoint an Economic Development Director for the City of Prattville .
{Sponsored By: Council President Boone}
15. RESOLUTION: To Name Fire Station No. 4 in Honor of Fire Chief Terry D. Brown
{Sponsored By: Councilor Whaley and Councilor Chambers}
COMMENTS FROM PERSONS PRESENT:
CLOSING COMMENTS:
ADJOURN:
The next City Council meeting is scheduled for Tuesday, September 3, 2024.
RESOLUTION 1
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[To Set a Public Hearing to Declare the Abundance of Overgrown Grass and Weeds at 1105 3
Deramus Court, 1397 Cubs Place, 403 Azalea Drive and 104 New Moon Court to be Unsafe 4
and a Public Nuisance and Order Their Abatement Pursuant to Chapter 46 et seq., City of 5
Prattville Code of Ordinances.] 6
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{Sponsored By: Councilor Whaley} 8
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WHEREAS, an abundance of overgrown grass and weeds: 10
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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
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WHEREAS, the Prattville Police Department Code Enforcement Officer has inspected 19
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the properties and determined the existence of an abundance of overgrown grass and weeds 21
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at 1105 Deramus Court, 1397 Cubs Place, 403 Azalea Drive and 104 New Moon Court; and 23
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WHEREAS, the Autauga County tax records list the property owner(s) as follows: 25
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• 1105 Deramus Court – CC Homes LLC, with an address of P O Box 483, Millbrook, 27
AL, 36054, to Parcel Number 19 05 15 2 013 027.000 28
• 1397 Cubs Place – Candlestick MHC LLC c/o Cameron Bailey, with an address of 108 29
Kacey Marie, Winchester, TN, 37398, to Parcel Number 19 07 25 2 000 002.000 30
• 403 Azalea Drive – Dobbins Vicki & Charles, with an address of 403 Azalea Drive, 31
Prattville, AL, 36067, to Parcel Number 19 02 04 4 013 002.000 32
• 104 New Moon Court – Sauce Leticia Peregrine, with an address of 591 Anderson 33
Street, Prattville, AL, 36067, to Parcel Number 19 05 16 2 000 108.000; and 34
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WHEREAS, in compliance with Section 46-31, City of Prattville Code of Ordinances, the 36
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Code Enforcement Officer gave written notice to the owner(s) of said properties on July 22, 38
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2024, July 23, 2024, July 24, 2024 and July 2 6, 2024, respectively, to correct, remedy or 40
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remove the abundance of overgrown grass and weeds within ten (10) days; and 42
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WHEREAS, the owner(s) of said properties have failed and/or refused to correct, 44
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remedy or remove said condition by the expiration of said notice; and 46
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WHEREAS, Chapter 46 et seq., City of Prattville Code of Ordinances, permits the City 48
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Council to declare the abundance of overgrown grass and weeds to be a public nuisance and 50
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abate the same; and 52
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WHEREAS, pursuant to Section 46-114 (e), City of Prattville Code of Ordinances, 54
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declaring the abundance of overgrown grass and weeds to be a public nuisa nce and ordering 56
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their abatement by the City Council initiates a fine for the first violation and designation on the 58
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repeat offender registry. 60
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NOW, THEREFORE, BE IT RESOLVED THAT: 62
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1. the City Council of the City of Prattville declares the abundance of o vergrown grass and 1
weeds at said properties to be a public nuisance and has therefore initiated the abatement 2
process; and 3
2. the owner(s) of said properties are ordered to abate said nuisance and appear before the 4
City Council at a Public Hearing at 6:00 p.m. on September 17, 2024, at Prattville City Hall; 5
and 6
3. any objections may be filed, in writing, to the City Clerk at least five (5) days prior to the 7
Public Hearing; and 8
4. the fine of $100.00 shall be assessed to the owner(s) of said properties in addition to any 9
costs incurred for the abatement process; and 10
5. said properties shall be placed on the repeat offender registry for a period of three (3) years; 11
and 12
6. the notice of Public Hearing on the matter, as required by law, will be provided in a 13
publication of general circulation, by certified mail, and by signage on the subject properties. 14
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ADOPTED THIS 20TH DAY OF AUGUST, 2024. 16
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By: Lora Lee Boone, President 20
Prattville City Council 21
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AUTHENTICATED THIS THIS 20TH DAY OF AUGUST, 2024. 23
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By: Paula G. Barlow 27
City Clerk 28
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APPROVED: 30
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By: Bill Gillespie, Jr. 34
Mayor 35
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RESOLUTION BOOK 2024-A, PAGE ___ 64
RESOLUTION 1
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[To Declare the Stagnant Water at 403 Azalea Drive a Public Nuisance and Authorize the 3
Mayor to Abate and Charge Any Incurred Expenses Pursuant to Chapter 46 et seq., City of 4
Prattville Code of Ordinances.] 5
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{Sponsored By: Councilor Whaley} 7
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WHEREAS, stagnant water is injurious to the public health, safety and general welfare 9
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of the community by providing a breeding ground for pests, insects and harmful bacteria; and 11
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WHEREAS, the Prattville Police Department Code Enforcement Officer has inspected 13
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the property and determined the existence of stagnant water at 403 Azalea Drive; and 15
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WHEREAS, the Autauga County tax records list the property owner as Dobbins Vicki & 17
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Charles, with an address of 403 Azalea Drive, Prattville, AL 36067, to Parcel Number 19 02 04 19
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4 013 002.000; and 21
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WHEREAS, in compliance with Section 46-31, City of Prattville Code of Ordinances, the 23
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Code Enforcement Officer gave written notice to the owner of said property on July 24, 2024, 25
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to correct, remedy or remove the conditions of stagnant water within ten (10) days; and 27
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WHEREAS, the owner of said property has failed and/or refused to correct , remedy or 29
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remove said conditions by the expiration of said notice; and 31
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WHEREAS, Chapter 46 et seq., City of Prattville Code of Ordinances, permits the City 33
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Council to declare stagnant water to be a public nuisance and authorizes the City to do such 35
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work or make such improvements that are necessary to correct, remedy or remove such 37
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conditions, pay therefore and charge the expenses incurred for the abatement process to the 39
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owner of such property. 41
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NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Prattville 43
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declares that the stagnant water at 403 Azalea Drive continued to be a public nuisance at the 45
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expiration of the notice of violation. 47
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BE IT FURTHER RESOLVED that the Mayor shall have the stagnant water at said 49
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property removed using City forces or private contractors. The property owner shall have the 51
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right to remove said nuisance at their expense provided that the removal is done prior to the 53
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commencement of work by employees or agents of the City of Prattville; however, this does 55
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not abolish incurred expenses. 57
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BE IT FURTHER RESOLVED the Mayor shall keep an accounting of all costs related 59
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to this request and report such costs to the City Council following its abatement. 61
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ADOPTED THIS 20TH 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 THIS 20TH DAY OF AUGUST 2024. 8
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By: Paula G. Barlow 12
City Clerk 13
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APPROVED: 15
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By: Bill Gillespie, Jr. 19
Mayor 20
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RESOLUTION BOOK 2024-A, PAGE ____ 64
RESOLUTION 1
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[To Surplus Personal Property from Various Departments.] 3
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{Sponsored By: Councilor Merrick} 5
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WHEREAS, the City of Prattville has certain items of personal property which are no 7
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longer needed for public or municipal purposes; and 9
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WHEREAS, §11-43-56, Code of Alabama, 1975, as amended, authorizes the municipal 11
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governing body to dispose of unneeded personal property. 13
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NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Prattville that 15
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the following personal property items owned by the City of Prattville are no longer needed for 17
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public or municipal purposes, and said property shall be removed from the inventory of the 19
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various departments. : 21
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• 2013 Freightliner (19-004) Public Works VIN# 1FVACXDT9EHFK2005 23
• 2000 International (12-113) Parks & Rec VIN# 1HVBEABMX1H386049 24
• 2000 International (12-114) Parks and Rec VIN# 1HVBEABMX1H386053 25
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BE IT FURTHER RESOLVED that the City Council authorizes the Mayor to sell said 27
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property through appropriate means and that proceeds for said property be deposited into the 29
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General Fund. If said surplus items are determined to be of no value, the Mayor has authority 31
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to scrap or dispose of said property for and on behalf of the City of Prattville. 33
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ADOPTED THIS 20TH DAY OF AUGUST, 2024. 35
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By: Lora Lee Boone, President 39
Prattville City Council 40
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AUTHENTICATED THIS 20TH DAY OF AUGUST, 2024. 42
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By: Paula G. Barlow 46
City Clerk 47
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APPROVED: 49
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By: Bill Gillespie, Jr. 53
Mayor 54
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RESOLUTION BOOK 2024-A, PAGE ____ 64
RESOLUTION 1
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[To Surplus Personal Property from Wastewater.] 3
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{Sponsored By: Councilor Jackson} 5
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WHEREAS, Wastewater has certain items of personal property which are no longer 7
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needed for public or municipal purposes; and 9
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WHEREAS, §11-43-56, Code of Alabama, 1975, as amended, authorizes the municipal 11
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governing body to dispose of unneeded personal property. 13
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NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Prattville that 15
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the following personal property owned by the City of Prattville is no longer needed for public or 17
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municipal purposes, and said property shall be removed from the inventory of Wastewater: 19
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• 1990 John Deere Model 2755 (11-701) Serial # XL02755G688632X 21
• 1990 AG-CHEM AG-Gator 2004 (11-304) Serial # 2006500 22
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BE IT FURTHER RESOLVED that the City Council authorizes the Mayor to sell said 24
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property through appropriate means and that proceeds for said property be deposited into 26
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the Wastewater Enterprise Fund. If said surplus items are determined to be of no value, the 28
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Mayor has authority to scrap or dispose of said property for and on behalf of the City of 30
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Prattville. 32
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ADOPTED THIS 20TH DAY OF AUGUST, 2024. 34
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By: Lora Lee Boone, President 38
Prattville City Council 39
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AUTHENTICATED THIS 20TH DAY OF AUGUST, 2024. 41
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By: Paula G. Barlow 45
City Clerk 46
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APPROVED: 48
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By: Bill Gillespie, Jr. 52
Mayor 53
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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 Garbage and Rubbish at 3
1391 Giants Drive.] 4
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{Sponsored By: Council Whaley} 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 074, on April 2, 2024, the City Council of 14
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the City of Prattville declared garbage and rubbish and the abundance of overgrown grass and 16
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weeds at 1391 Giants Drive continued to be a public nuisance; 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, with an address of P O Box 708 Winchester, TN 37398, to Parcel Number 19 06 23 4 22
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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 conditions of garbage and rubbish within ten (10) days; and 30
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WHEREAS, the owner/operator of said property failed and/or refused to correct, remedy 32
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or remove said nuisance conditions by the expiration of said notice; and 34
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WHEREAS, Section 46-32 of the City of Prattville Code of Ordinances authorizes the 36
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City to do such work or make such improvements that are necessary to correct, remedy or 38
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remove such condition, pay therefore and charge the expenses incurred to the owner/operator 40
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of such property to the fullest extent authorized by law. 42
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NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Prattville that 44
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the cost totaling $684.14 for the removal of garbage and rubbish at 1391 Giants Drive is 46
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accurate and shall be established as a lien against the property. 48
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BE IT FURTHER RESOLVED that the City Attorney is authorized to file any actions 50
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necessary to recover costs of said removal. 52
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ADOPTED THIS 20TH DAY OF AUGUST, 2024. 54
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By: Lora Lee Boone, President 58
Prattville City Council 59
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AUTHENTICATED THIS 20TH DAY OF AUGUST, 2024. 1
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By: Paula G. Barlow 5
City Clerk 6
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APPROVED: 8
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By: Bill Gillespie, Jr. 12
Mayor 13
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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 Garbage and Rubbish at 3
1386 Serenity Drive.] 4
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{Sponsored By: Council Whaley} 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 073, on April 2, 2024, the City Council of 14
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the City of Prattville declared garbage and rubbish and the abundance of overgrown grass and 16
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weeds at 1386 Serenity Drive continued to be a public nuisance; 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, with an address of P O Box 708 Winchester, TN 37398, to Parcel Number 19 06 23 4 22
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000 019.000; 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 13, 2024, 28
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to correct, remedy or remove the conditions of garbage and rubbish within ten (10) days; and 30
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WHEREAS, the owner/operator of said property failed and/or refused to correct, remedy 32
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or remove said nuisance conditions by the expiration of said notice; and 34
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WHEREAS, Section 46-32 of the City of Prattville Code of Ordinances authorizes the 36
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City to do such work or make such improvements that are necessary to correc t, remedy or 38
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remove such condition, pay therefore and charge the expenses incurred to the owner/operator 40
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of such property to the fullest extent authorized by law. 42
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NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Prattville that 44
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the cost totaling $774.14 for the removal of garbage and rubbish at 1386 Serenity Drive is 46
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accurate and shall be established as a lien against the property. 48
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BE IT FURTHER RESOLVED that the City Attorney is authorized to file any actions 50
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necessary to recover costs of said removal. 52
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ADOPTED THIS 20TH DAY OF AUGUST, 2024. 54
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By: Lora Lee Boone, President 58
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AUTHENTICATED THIS 20TH DAY OF AUGUST, 2024. 1
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By: Paula G. Barlow 5
City Clerk 6
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APPROVED: 8
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By: Bill Gillespie, Jr. 12
Mayor 13
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RESOLUTION BOOK 2024-A, PAGE ___ 64
RESOLUTION 1
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[To Adopt a Transportation Plan for Fiscal Year 2025 as Required by Act 2019-2 for the 3
Rebuild Alabama Fund.] 4
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{Sponsored By: Councilor Jackson} 6
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WHEREAS, Act 2019-2, also known as the Rebuild Alabama Act, was adopted by the 8
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Alabama Legislature to levy an additional tax on gasoline and diesel fuel; and 10
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WHEREAS, the City of Prattville shall receive a portion of said tax; and 12
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WHEREAS, Act 2019-2 requires that said monies be deposited into a separate fund 14
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maintained by the municipality and expended for the maintenance, improvement, replacement 16
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and construction of roads and bridges as mandated by the Act; and 18
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WHEREAS, Act 2019-2 requires that the City adopt an annual Transportation Plan no 20
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later than August 31st for the next fiscal year to be approved by the municipal governing body; 22
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and 24
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WHEREAS, said Transportation Plan shall provide a detailed list of projects for which 26
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expenditures are intended to be made in the next fiscal year; and 28
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WHEREAS, the City of Prattville Transportation Plan for Fiscal Year 2025 includes 30
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resurfacing of the following road: 32
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• Old Ridge Road from Calumet Parkway to the Corporate Limits. 34
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NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Prattville 36
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hereby adopts said Transportation Plan for Fiscal Year 2025 for the resurfacing of said road. 38
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ADOPTED THIS 20TH DAY OF AUGUST, 2024. 40
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By: Lora Lee Boone, President 44
Prattville City Council 45
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AUTHENTICATED THIS 20TH DAY OF AUGUST, 2024. 47
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By: Paula G. Barlow 51
City Clerk 52
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APPROVED: 54
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By: Bill Gillespie, Jr. 58
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RESOLUTION BOOK 2024-A, PAGE ____ 64
ORDINANCE 1
FIRST INTRODUCED JULY 16, 2024 2
[To Rezone Property Located Inside the Corporate Limits at 1241 Upper Kingston Road from 3
R-2 (Single Family Residential) and FAR (Forest, Agriculture, Recreation) to FAR (Petitioner: 4
Russ and Jessica Sanders).] 5
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{Sponsored By: Councilor Jackson} 7
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BE IT ORDAINED by the City Council of the City of Prattville, Alabama, as follows: 9
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THAT the zoning ordinance of the City of Prattville, Alabama, and the zoning map are 11
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hereby amended to reclassify the property described in Attachment “A” from R-2 and FAR to 13
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FAR; and 15
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THAT this proposed Ordinance and a synopsis were advertised for two (2) weeks in the 17
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Montgomery Advertiser, a newspaper of general circulation within the Corporate Limits of the 19
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City of Prattville, and that the City Council at its Public Hearing on August 20, 2024, at 6:00 21
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p.m., considered said proposed Ordinance and that at such time and place all persons who 23
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desired had an opportunity to be heard in favor of or in opposition to such Ordinance. 25
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ALL other items and provisions of the zoning ordinance not herein specifically amended 27
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shall remain in full force and effect. 29
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THE amendments herein contained were considered and recommended by the City of 31
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Prattville Planning Commission on June 20, 2024. 33
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THIS Ordinance shall become effective upon its passage and execution as provided by 35
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law. 37
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ADOPTED THIS 20TH 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 20TH DAY OF AUGUST, 2024. 46
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By: Paula G. Barlow 50
City Clerk 51
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APPROVED: 53
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By: Bill Gillespie, Jr. 57
Mayor 58
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ORDINANCE BOOK 2024, PAGE ____ 64
RESOLUTION 1
HELD FROM JULY 16, 2024 2
[To Declare the Dilapidated Structure at 106 7th Street to Be Unsafe and a Public Nuisance.] 3
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{Sponsored By: Councilor Chambers} 5
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WHEREAS, under the authority of Title 11, Chapter 53B, Code of Alabama, 1975, as 7
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amended, on May 9, 2024, the City of Prattville Chief Building Official declared the dilapidated 9
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structure at 106 7th Street, Parcel No. 19 03 08 1 009 029.000, to be an unsafe structure; and 11
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WHEREAS, on May 9, 2024, the City of Prattville Code Enforcement Officer sent 13
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notice ordering the repair or demolition of the dilapidated structure at 106 7th Street within 45 15
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days of said notice; and 17
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WHEREAS, said notice was delivered by certified mail in accordance with §11 -53B-3, 19
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Code of Alabama, 1975, as amended; and 21
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WHEREAS, Title 11, Chapter 53B allows the property owner or other interested parties 23
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to file a written appeal within thirty (30) days of the date of notice with the City Clerk requesting 25
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a hearing before the City Council of the City of Prattville; and 27
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WHEREAS, a written appeal was received from the property owner within the allotted 29
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time frame and a Public Hearing was held on June 4, 2024, giving the owners the opportunity 31
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appeal the findings of the Building Official; and 33
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WHEREAS, §11-53B-4, Code of Alabama, 1975, as amended, authorizes the City 35
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Council to determine whether or not the building or structure is unsafe to the extent that it is a 37
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public nuisance; and 39
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WHEREAS, no repairs have been made or permits obtained for the dilapidated structure 41
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located at 106 7th Street by the expiration of the notice, and the structure remains unsafe and 43
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a public nuisance. 45
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NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Prattville that 47
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the dilapidated structure located at 106 7th Street continues to be unsafe and a public nuisance 49
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that must be repaired or demolished. 51
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BE IT FURTHER RESOLVED that the City Council instructs the Code Enforcement 53
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Officer to provide a report of the cost to repair or demolish the dilapidated structure located at 55
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106 7th Street to the City Council. 57
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ADOPTED THIS 20TH DAY OF AUGUST, 2024. 59
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By: Lora Lee Boone, President 63
Prattville City Council 64
AUTHENTICATED THIS 20TH DAY OF AUGUST, 2024. 1
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By: Paula G. Barlow 5
City Clerk 6
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APPROVED: 8
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By: Bill Gillespie, Jr. 12
Mayor 13
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RESOLUTION BOOK 2024-A, PAGE ____ 64
ORDINANCE 1
HELD FROM AUGUST 6, 2024 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
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BE IT ORDAINED by the City Council of the City of Prattville, that Chapter 50, Article 8
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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 for 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
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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
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(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
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(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
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(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
Sec. 50-77 – 50.95. – Reserved. 3
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THIS Ordinance shall become effective upon its passage and execution as provided by 5
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law. 7
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ADOPTED THIS 20TH DAY OF AUGUST, 2024. 9
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By: Lora Lee Boone, President 13
Prattville City Council 14
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AUTHENTICATED THIS 20TH DAY OF AUGUST, 2024. 16
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By: Paula G. Barlow 20
City Clerk 21
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APPROVED: 23
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By: Bill Gillespie, Jr. 27
Mayor 28
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ORDINANCE BOOK 2024, PAGE ___ 46
ORDINANCE 1
HELD FROM AUGUST 6, 2024 2
[To Repeal Chapter 109 – Floods, Article II. – Flood Damage Prevention, and its 3
Amendments and Replace it with Chapter 109 – Floods, Article II. - Flood Damage 4
Prevention 109-19 through 109-92, Inclusive.] 5
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{Sponsored By: Councilor Chambers} 7
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WHEREAS the National Flood Insurance Program (NFIP) is managed by the Federal 9
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Emergency Management Agency (FEMA). Communities are not required to participate in the 11
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program by any law or regulation, but instead participate voluntarily in order to obtain access 13
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to NFIP flood insurance. Communities that choose to participate in the NFIP are required to 15
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adopt and enforce a floodplain development ordinance with land use and control measures 17
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that include effective enforcement provisions to regulate development in the floodplain resulting 19
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in reduced future flood losses; and 21
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WHEREAS FEMA has set forth in federal regulations the minimum standards required 23
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for participation in the NFIP; however, these standards have the force of law only because they 25
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are adopted and enforced by a state or local government; referred to as a NFIP community. 27
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Legal enforcement of the floodplain management standards is the responsibility of the 29
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participating NFIP community, which can elect to adopt higher standards as a means of 31
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mitigating flood risk; and 33
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WHEREAS the City of Prattville agrees to adopt and enforce this Ordinance, which 35
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meets or exceeds the minimum standards of the Code of Federal Regulations Title 44 §60.3 in 37
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order to participate in the NFIP and have access to federal flood insurance and other federal 39
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assistance. 41
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BE IT ORDAINED by the City Council of the City of Prattville, that Chapter 109, Article 43
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II., City of Prattville Code of Ordinances is hereby repealed and replaced as follows: 45
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DIVISION 1. - Statutory Authorization, Findings of Facts, Purpose, and Objectives 47
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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 Management 56
Agency’s [FEMA] designated Special Flood Hazard Areas (SFHAs) or other areas 57
designated by the City of Prattville as flood-prone areas) are subject to periodic 58
inundation which may result in loss of life and property, health and safety hazards, 59
disruption of commerce and governmental services, extraordinary public 60
expenditures for flood relief and protection, and impairment of the tax base, all of 61
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, includin g 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 develo pment 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 h ome buyers 33
are aware that a property is in an area subject to flooding. 34
Secs. 109-23—109-29. Reserved. 35
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DIVISION 2. – General Provisions 37
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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, lic ensed to practice in the State of 52
Alabama; or by governmental agencies or private organizations that are not yet 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
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(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 Co de 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 without 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 person 3
to whom the notice of violation is directed, and; 4
(f) A statement in the Notice of Violation shall be included that the determination of 5
violation may be appealed to the community by filing a written Notice of Appeal 6
within ten (10) working days after the Notice of Violation. Exceptions f or the 7
deadline for this Notice include: 1) in the event the violation constitutes a danger 8
to public health or public safety, then a 24-hour notice shall be given; 2) if there’s 9
an imminent or immediate threat to life or property, then immediate action is 10
required. 11
(3) Civil penalties. Any person who violates this Ordinance or fails to comply with any of its 12
requirements shall, upon conviction thereof, be fined not more than $500.00 or imprisoned 13
for not more than 30 days, or both, and in addition, shall pay all costs and expenses involved 14
in the case: Each day such violation continues following receipt of the Notice of Violation 15
shall be considered a separate offense. Nothing contained herein shall prevent the City of 16
Prattville from taking such other lawful actions as is necessary to prevent or remedy any 17
violation. 18
(4) Additional Enforcement Actions. If the remedial measures described in the Notice of 19
Violation have not been completed by the date set forth in the Notice of Violation, any one 20
or more of the following enforcement actions may be enacted against the person to whom 21
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 responsible 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 to 36
issue and/or revoke a certificate of occupancy for the building or other 37
improvements/repairs conducted on the site. The order shall remain in -place until 38
the applicant or other responsible party has taken the remedial measures set forth 39
in the Notice of Violation or has otherwise cured the violation or violations 40
described therein. 41
(b) Suspension, revocation, or modifications of permit. The community may suspend, 42
revoke, or modify the permit that authorizes the development project. A 43
suspended, revoked, or modified permit may be reinstated after the applicant or 44
other responsible party has taken the remedial measures set forth in the Notice 45
of Violation or has otherwise cured the violations described therein, provided such 46
permit may be reinstated (upon such conditions as the community may deem 47
necessary). That would enable the applicant or other responsible party to take 48
the necessary remedial measures to cure such violations. 49
i. The Administrator may revoke a permit issued under the provisions of 50
this Ordinance, in case there has been any false statement or 51
misrepresentation as to the material fact in the application or plans on 52
which the permit or approval was based. 53
ii. The Administrator may revoke a permit upon determination that the 54
construction, erection, alteration, repair, moving, demolition, installation, 55
or replacement of the structure for which the permit was issued is in 56
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 all 58
other legal means included in this Ordinance to remedy a violation have been 59
exhausted and the structure remains non-compliant. Once invoked, the property’s 60
flood insurance coverage will be terminated and no new or renewal policy can be 61
issued, no NFIP insurance claim can be paid on any policy on the property, and 62
federal disaster assistance will be denied for the property. 63
64
The declaration must be in writing (letter or c itation), from the community 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 of 4
the property sufficient to confirm its identity and location ; 5
ii. A clear and unequivocal declaration that the property is in violation of a 6
cited State or local law, regulation or ordinance; 7
iii. A clear statement that the public body making the declaration has 8
authority to do so and a citation of that authority; 9
iv. Evidence that the community has taken and exhausted all legal means to 10
remedy the violation, including all Community enforcement actions, as 11
specified in this Ordinance; and 12
v. Notice of violation, and a statement regarding the prospective denial of 13
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 may 20
appeal the determination of the community, including but not limited to the issuance of a 21
stop work order, the assessment of an administratively-imposed monetary penalty, the 22
suspension, revocation, modification, or grant with condition of a permit by the community 23
upon finding that the holder is in violation of permit conditions, or that the h older is in 24
violation of any applicable ordinance or any of the community's rules and regulations, or 25
the issuance of a notice of bond forfeiture. 26
The Notice of Appeal must be in writing to the Floodplain Administrator and must be 27
received within ten (10) days from the date of the Notice of Violation. A hearing on the 28
appeal shall take place within thirty (30) days from the date of receipt of the Notice of 29
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 board 32
shall have the power to affirm, modify, or reject the original penalty, including the right to 33
increase or decrease the amount of any monetary penalty and the right to add or delete 34
remedial actions required for correction of the violation and compliance with the 35
community's floodplain development ordinance, and any other applicable local, state, or 36
federal requirements. Appeals cannot be in opposition to the provisions of thi s 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 the 39
community, after exhausting his/her administrative remedies. They shall have the right to 40
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, r equirements 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 openings 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 pe rmit 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 floodplain 5
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 approved 7
application, plans, and specifications; for refusal or failure to comply with the 8
requirements of State or local laws; or for false statements or misrepresentations 9
made in securing the permit. Any floodplain development permit mistakenly issued 10
in violation of an applicable State or local law may also be revoked. 11
(3) Finished Construction 12
Upon completion of construction, a FEMA elevation certificate (FEMA Form 81 -31 or 13
equivalent), which depicts all finished construction elevations, must be submitted to the 14
Floodplain Administrator prior to issuance of a Certificate of Occupancy. 15
(a) If the project includes a floodproofing measure, a FEMA floodproofing certificate 16
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 holder 19
immediately and prior to Certificate of Compliance/Occupancy issuance. 20
(c) In some instances, another certification may be required to certify corrected as-built 21
construction. Failure to submit the certification or failure to make required corrections 22
shall be cause to withhold the issuance of a Certificate of Compliance/Occupancy. 23
(d) Documentation regarding completion of and compliance with the requirements 24
stated in the permit application and with Division 3, Section 109-51(1) of this 25
Ordinance shall be provided to the local Floodplain Administrator at the completion 26
of construction or records shall be maintained throughout the Construction Stage by 27
inspectors for the Floodplain Administrator. Failure to provid e the required 28
documentation shall be cause to withhold the issuance of a Certificate of 29
Compliance/Occupancy. 30
(e) All records that pertain to the administration of this Ordinance shall be maintained in 31
perpetuity and made available for public inspection, rec ognizing that such 32
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 whether 40
such construction or other development is proposed within flood -prone areas. Ensure the 41
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 development 43
and issue Stop Work Orders and Notice of Violations for any su ch development. Any 44
unpermitted structure or non-structural development in the SFHA will be considered a 45
violation until such time that the violation has been remedied. 46
(3) Review proposed development to assure that all necessary permits have been received 47
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, 33 49
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 the 51
proposed construction or other development will be reasonably safe from flooding and to 52
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 either 55
corrections and accurate completion of the application be made or disapprove 56
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 utilize 59
any BFE and floodway data available from a Federal, State, or other sources in order to 60
administer the provisions of Division 4. 61
(6) Verify and record the actual elevation of the lowest floor, in relation to mean sea level (or 62
highest adjacent grade), including basement, of all new construction or substantially 63
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 1
addressed expeditiously. The locations of materials necessary to 2
properly install all floodproofing components must be included in the 3
list. 4
• An evacuation plan for all personnel or occupants; those without duties 5
for the flood emergency as well as those with duties for implem enting 6
the plan. All possible ingress and egress routes must be identified. 7
• A periodic training and exercise program to keep personnel and 8
occupants aware of their duties and responsibilities. Training drills 9
should be held at least once a year and should be coordinated with 10
community officials. 11
(3) Enclosures for Elevated Buildings - All new construction and substantial improvements of 12
existing structures (residential and non-residential) that include ANY fully enclosed area 13
below the BFE, located below the lowest floor formed by the foundation and other exterior 14
walls shall be designed so as to be an unfinished or flood resistant enclosure. The enclosure 15
shall be designed to equalize hydrostatic flood forces on exterior walls by allowing for the 16
automatic entry and exit of flood waters. 17
(a) Designs for complying with this requirement must either be certified by a professional 18
engineer, who is licensed to practice in the State of Alabama, or a licensed architect, 19
registered to practice in the State of Alabama, or meet the following minimum criteria: 20
(i) Provide a minimum of two openings for each enclosed area having a total net 21
area of not less than one square inch for every square foot of enclosed area 22
subject to flooding (if a structure has more than one enclosed a rea below the 23
BFE, each shall have openings on exterior walls); 24
(ii) Openings shall be in at least two walls of each enclosed area (includes areas 25
separated by interior walls); 26
(iii)The bottom of all openings shall be no higher than one foot above grade; 27
(iv) Openings may be equipped with screens, louvers, valves and other coverings 28
or devices provided that they permit the automatic entry and exit of 29
floodwaters in both directions without impeding or blocking flow and shall be 30
accounted for in determination of the net open area; and 31
(v) Openings meeting the requirements of (3)(a)(i) – (iv) that are installed in doors 32
are permitted. 33
(b) So as not to violate the "Lowest Floor" criteria of this Ordinance, the unfinished or 34
flood resistant enclosure shall only be used for parking of vehicles, limited storage, 35
or access to the elevated area. 36
(c) The interior portion of such enclosed area shall not be partitioned or finished into 37
separate rooms. 38
(d) All interior walls, ceilings and floors below the BFE shall be unfinished and/or 39
constructed of flood damage-resistant materials. This practice is also referred to as 40
“wet floodproofing”. The definitions for “flood damage -resistant materials” and “wet 41
floodproofing” are included in Division 6. 42
(e) Mechanical, electrical, or plumbing devices shall be installed not less than one foot 43
above the BFE. The interior portion of such enclosed area(s) shall be void of utilities 44
except for essential lighting and power, as required, that are watertight or have 45
otherwise been floodproofed. 46
(f) Property owners shall be required to execute a flood openings/venting affidavit 47
acknowledging that all openings will be maintained as flood vents, and that the 48
elimination or alteration of the openings in any way will violate the requirements for 49
enclosures below the BFE. Periodic inspections will be conducted by the Floodplain 50
Administrator to ensure compliance. 51
(g) Property owners shall agree, certify, and declare to the following conditions and 52
restrictions placed on the affected property as a condition for granting a permit. A 53
binding agreement, referred to as a Non -conversion Agreement, is required to be 54
executed and recorded with the Deed. It shall obligate the Owner to the following 55
terms and conditions: 56
(i) That the enclosed area(s) shall remain fully compliant with all parts of Division 57
4, Section 109-61(3) of this Ordinance unless otherwise modified to be fully 58
compliant with the applicable sections of the Floodplain Development 59
Ordinance in effect at the time of conversion. 60
(ii) A duly appointed representative of the City of Prattville is authorized to enter 61
the property for the purpose of inspecting the exterior and interior of the 62
enclosed area to verify compliance with the Agreement and Permit. 63
(iii)The community may take any appropriate legal action to correct any violation 1
pertaining to the Agreement and the subject Permit. 2
(4) Standards for Manufactured Homes and Recreational Vehicles Where Base Flood 3
Elevation Data is Available. 4
(a) Require that all manufactured homes placed or substantially improved: 5
(i) Outside of a manufactured home park or subdivision, 6
(ii) In a new or substantially improved manufactured home park or subdivision, 7
(iii)In an expansion to an existing manufactured home park or subdivision, or 8
(iv) In an existing manufactured home park or subdivision on which a 9
manufactured home has incurred "substantial damage" as the result of a 10
flood, be elevated on a permanent foundation such that the lowest floor of the 11
manufactured home is elevated one foot or more above the BFE and be 12
securely anchored to an adequately anchored foundation syst em to resist 13
floatation, collapse, and lateral movement. 14
(b) Require that all manufactured homes to be placed or substantially improved on sites 15
in an existing manufactured home park or subdivision that are not subject to the 16
provisions of Subsection (4)(a) be elevated so that either: 17
(i) The lowest floor of the manufactured home is one foot or more above the 18
BFE; OR 19
(ii) The manufactured home chassis is supported by reinforced piers or other 20
foundation elements of at least equivalent strength that are no less than 36 21
inches in height above the highest adjacent grade and be securely anchored 22
to an adequately anchored foundation system to resist floatation, collapse, 23
and lateral movement. 24
(iii)Concrete block piers (and other foundation systems) are to be designed in 25
accordance with the Code of Federal Regulations Title 24, Part 3285 and with 26
the specifications in FEMA P-85: Protecting Manufactured Homes from 27
Floods and Other Hazards – A Multi-Hazard Foundation and Installation 28
Guide. The §3285.306 Design procedures for concrete block piers and FEMA 29
P-85 (Table SP-1.1), specify that the maximum allowable pier height 30
(measured from top of grade) for concrete piers to be five (5) feet. 31
(iv) The chassis and its supporting equipment are to be above the pier or other 32
foundation. The areas below the chassis must be constructed with flood -33
resistant materials. All utilities and mechanical equipment must be elevated 34
to a minimum of three (3) feet above the highest adjacent grade. Any utility 35
and mechanical components that must be below the BFE must be made 36
watertight to that same elevation to meet the standards in Division 4, Section 37
109-60(5). 38
(c) Require that all recreational vehicles placed on sites must either: 39
(i) Be on the site for fewer than 180 consecutive days, 40
(ii) Be fully licensed and ready for highway use on its wheels or jacking system, 41
(iii)Be attached to the site only by quick disconnect type utilities and security 42
devices, and have no permanently attached structures or additions; OR 43
(iv) Must meet all the requirements for "New Construction”, including the 44
anchoring and elevation requirements of Division 4, Section 109-61, 45
provisions (4)(a) and (4)(b). 46
(5) Standards for Manufactured Homes Where No Base Flood Elevation Exists. 47
(a) Require that all manufactured homes to be placed within a Zone A area on the FIRM 48
shall be installed using methods and practices which minimize flood damage. 49
(b) Manufactured homes must be elevated and anchored to resist flotation, collapse, or 50
lateral movement. Methods of anchoring may include, but are not to be limited to, 51
use of over-the-top or frame ties to ground anchors. 52
(c) The manufactured home chassis must be supported by reinforced piers or other 53
foundation elements of at least equivalent strength such that the bottom of the 54
chassis and its supporting equipment be no less than 36 inches and up to a 55
maximum 60 inches (five feet) above the highest adjacent grade and be securely 56
anchored to an adequately anchored foundation system. 57
(d) The areas below the chassis must be constructed with flood -resistant materials. All 58
utilities and mechanical equipment must be elevated to a minim um of 3 feet above 59
the highest adjacent grade. Any utility and mechanical components that must be 60
below the BFE must be made watertight to that same elevation to meet the standards 61
in Division 4, Section 109-60(5). 62
(6) Require, until a regulatory floodway is designated, that no new construction, substantial 63
improvements, or other development (including fill) shall be permitted within Zones A and 64
AE on the Autauga County or Elmore County FIRM, unless it is demonstrated that the 1
cumulative effect of the proposed development, when combined with all other existing and 2
anticipated development, will not increase the water surface elevation of the base flood 3
more than one foot at any point within the community. 4
(7) Accessory and Agricultural Structures – When an accessory structure meets the 5
requirements outlined below, these structures may be wet-floodproofed and do not have to 6
be elevated to one foot above the BFE as required in Division 4, Section 109 -61(1). 7
A permit shall be required prior to construction or installation of any accessory structures 8
and any agricultural structures built below the DFE and the following provisions apply: 9
(a) Must be adequately anchored to prevent flotation, collapse, or lateral movement; 10
(b) Must be designed with an unfinished interior and constructed with flood damage-11
resistant materials below the DFE as described in Division 4, Section 109 -61(3); 12
(c) Must have adequate flood openings as described in Division 4, Section 109 -61(3); 13
(d) Must be constructed and placed on the building site so as to off er the minimum 14
resistance to the flow of floodwaters; 15
(e) Must comply with the requirements for development in floodways in accordance with 16
Division 4, Section 109-62; 17
(f) Must elevate any mechanical and other utility equipment in or servicing the structure 18
to or above the DFE or must be floodproofed in accordance with Division 4, Section 19
109-60; 20
(g) Prohibit storage of any hazardous or toxic materials below the DFE. 21
(h) Permits for small accessory structures may be issued to provide wet floodproofing 22
measures in accordance with the standards described in subsections (i) through (iv) 23
below without requiring a variance. Before issuing permits for small accessory 24
structures, the Floodplain Administrator must verify: 25
(i) Use is limited to parking of vehicles or storage; 26
(ii) Size is less than or equal to a one-story, two-car garage for all A zones; 27
(iii)Structures are a minimal investment and have a low damage potential with 28
respect to the structure and contents; 29
(iv) Structures will not be used for human habitation; 30
(v) Structures comply with the wet floodproofing requirements in Division 4, 31
Section 109-61(3). 32
(i) Permits for accessory structures larger than the size allowed for in subsection (7)(h) 33
above, shall require a variance to be granted on a case-by-case basis in accordance 34
with Division 5, Section 109-83(3). Variances shall not be granted for entire 35
subdivisions for accessory structures. 36
(j) Permits for new construction of all agricultural structures shall require a variance to 37
be granted on a case-by-case basis in accordance with Division 5, Section 109-38
83(4). 39
(k) Typically, when structures are substantially damaged by any cause or will be 40
substantially improved, communities must require that the structures be brought into 41
compliance with all requirements for new construction. In accordance with guidance 42
in FEMA Publication 2140, agricultural structures that are substantially damaged by 43
flooding and agricultural structures that are repetitive loss structures are permitted 44
to be repaired or restored to pre-damage condition, provided the following are 45
satisfied: 46
(i) If substantially damaged, the substantial damage determination is based only 47
on the cost to repair damage caused by flooding to pre -damage conditions. 48
(ii) The proposed repair or restoration does not change the size of the structure 49
and does not significantly alter the nature of the building. With the exception 50
of costs associated with wet floodproofing in accordance with Division 4, 51
Section 109-61(3), proposals that include work beyond or in addition to that 52
necessary to repair or restore the structure to pre-damage conditions must be 53
regulated as substantial improvements as provided for in this Ordinance. 54
(iii)The repaired or restored structure will continue to be an agricultural structure, 55
as defined in this Ordinance. 56
(iv) Owners are notified, in writing, that agricultural structures approved under this 57
subsection: 58
• Will not be eligible for disaster relief under any program administered 59
by FEMA or any other Federal agency. 60
• Will have NFIP flood insurance policies rated based on the 61
structure’s risk. 62
• May be denied NFIP flood insurance policies if repairs do not include 63
the wet floodproofing requirements of Division 4, Section 109-61(3). 64
(v) When owners elect to wet floodproof flood-damaged agricultural structures as 1
part of repair or restoration to pre-damage condition, the structure shall 2
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 or 4
dry-floodproofing in accordance with the definitions in Division 5. 5
(l) Prohibit the storage of hazardous substances (as defined in Division 6) in any 6
residential accessory structure located in a SFHA. Limit the storage in non -7
residential accessory structures to only fertilizers, petroleum products, and 8
pesticides essential for landscaping purposes. Limit storage in agricultural structures 9
to only fertilizers, petroleum products, and pesticides necessary for agricultural 10
purposes. In both cases, storage shall be in strict compliance with the requirements 11
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, or 15
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 flood 17
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 to 19
construction or installation of any underground and aboveground tanks (including 20
their foundation and support systems) located within a special flood hazard area. 21
(b) Loads on underground tanks and aboveground tanks exposed to flooding shall 22
be determined assuming at least 1.3 times the potential buoyant and other flood 23
forces acting on the empty tank. 24
(c) Tanks and associated piping shall be installed to resist local scour and erosion 25
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 the 29
foundation system supporting the structures shall be designed to 30
accommodate any increased loads resulting from the attached tanks, 31
(iii)Permitted below the DFE where the tank and its foundation are designed to 32
resist all flood-related loads including floating debris, or 33
(iv) Permitted below the DFE where the tank and its foundation are designed to 34
resist flood loads and are located inside a barrier designed to protect the 35
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 or 38
above the DFE on platforms that conform to the foundation requirements of 39
ASCE 24-14, Section 4.5. Aboveground tanks shall not be permitted to be located 40
under elevated structures or attached to structures at elevations below one 41
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 the 44
determination of flood-related loads take into consideration the eroded ground 45
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 of 48
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 and 51
hydrostatic loads, including the effects of buoyancy, during conditions of the 52
100-year flood. 53
(9) Structures and Sites for the Storage or Production of Hazardous Substances – Require that 54
all outdoor storage sites, new construction and substantial improvements to be used for the 55
production or storage of hazard substances (as defined in Division 6) which are located in 56
the special flood hazard area shall be built in accordance with all applicable standards in 57
this Ordinance in addition to the following requirements: 58
(a) No structures containing hazardous substances shall be permitted for construction 59
in a floodway; 60
(b) Residential structures shall have the area in which the hazard substances are to be 61
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 7
development (including manufactured home parks and subdivisions) greater than fifty (50) 8
lots or five (5) acres, whichever is the lesser. 9
(2) When BFE data or floodway data have not been provided in accor dance with Division 10
2, 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 16
and Sections 109-61(1), 109-61(2), 109-61(3), 109-61(5), 109-61(6), 109-61(7), 109-61(8), 17
109-61(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 25
requirements of Division 4, Section 109-61(4)(b)(ii) – 109-61(4)(b)(iv) in that the structure 26
cannot be elevated above a maximum of 60 inches (5 feet) and all utilities and mechanical 27
equipment 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 wit h 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 32
equal to the width of the stream or twenty-five feet, whichever is greater, measured from 33
the top of the stream bank, unless certification by a registered professional engineer is 34
provided demonstrating that such encroachment shall not result in any increase in flood 35
levels during 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 50
be 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 hydrody namic 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 1
proposed 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) great er 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 co mmunity. 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 el evation, shall be 40
provided to all critical facilities to the maximum extent possible. 41
(4) Critical facilities must be protected to or above 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 Zo ning 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 detailed 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 be ing 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 ye ar. 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. “Buildin g” 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 management 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 the 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, o r 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 community’s flood map, the DFE is the elevation of the highest 17
existing grade of a building’s perimeter plus the depth number specifi ed 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 lots contain existing residential 30
structures at the time the designation is adopted. 31
b. Undeveloped parcels, tracts, or lots, the comb ination 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 sing le 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 premium, 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 o r 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 installation 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 managemen t 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, wat ershed 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 with in 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 standards. 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 unforeseeab le 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 culvert 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 corrosiv e 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 pla ces 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 delineations, 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 provisions 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 clim ate indicate a potential 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 in itial 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 a t 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 i s 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 building s, 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 constituted State or 13
local authority declares a structure as being in violation, the Administrator must de ny 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 commu nity 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) floodplai n 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 a rea 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 placement 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 substantial 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 20TH 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 20TH 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
RESOLUTION 1
HELD FROM AUGUST 6, 2024 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
WHEREAS, on December 14, 2021, BVCV High Point, LLC filed a lawsuit against the 9
10
City of Prattville in the U.S. District Court, Middle District of Alabama, case number 21:cv- 11
12
00821-JTA; and 13
14
WHEREAS, Court-ordered mediation occurred between the parties on June 19, 2024, 15
16
and a tentative settlement was reached which resolved all pending issues between the parties, 17
18
subject to the ratification and approval of the City Council of the City of Prattville; and 19
20
WHEREAS, the settlement includes the City of Prattville purchasing from BVCV High 21
22
Point, LLC the subject property, more specifically described in attachment “A”, in addition to a 23
24
roadway connecting to said property for the total price of $5,600,000.00, plus closing costs; 25
26
and 27
28
WHEREAS, the City Council of the City of Prattville desires not only to resolve the 29
30
pending lawsuit but also to acquire the subject property for the purposes of encouraging overall 31
32
economic growth and development in the City of Prattville; and 33
34
WHEREAS, BVCV Highpoint, LLC has agreed to dismiss its lawsuit against the City of 35
36
Prattville upon the City’s purchase of the subject property and adjacent roadway for the total 37
38
cost of $5,600,000.00, plus closing costs; and 39
40
WHEREAS, the Finance Director has identified a certain sum of surplus funds available 41
42
from excess revenues in prior fiscal years. 43
44
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Prattville that 45
46
the FY2024 Budget is hereby amended as follows: 47
48
Decrease Departmental Reserves $5,675,000.00 49
Increase General Fund/ Transfer to Capital Projects Fund $5,675,000.00 50
Increase Capital Projects Fund/ Transfer from General Fund $5,675,000.00 51
Increase Capital Projects Fund/ Economic Development $5,600,000.00 52
Increase Capital Projects Fund/ Closing Costs $75,000.00 53
54
BE IT FURTHER RESOLVED by the City Council of the City of Prattville 55
56
hereby consents to said settlement and authorizes the purchase of the subject property and 57
58
adjacent roadway. 59
60
BE IT FURTHER RESOLVED that the Mayor is hereby authorized to execute any and 61
62
all documents necessary to carry out the intent of this resolution, including necessary 63
64
settlement and real estate closing documents, subject to the review and approval of the City 1
2
attorneys and real estate attorneys. 3
4
BE IT FURTHER RESOLVED that funds in an amount not to exceed $5,600,000.00, 5
6
plus closing costs for said settlement and real estate closing are authorized and approved, and 7
8
said funds are approved and appropriated from FY2024 Budget Line Items Capital Projects 9
10
Fund/ Economic Development and Capital Projects Fund/ Closing Costs. 11
12
ADOPTED THIS 20TH DAY OF AUGUST, 2024. 13
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15
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By: Lora Lee Boone, President 17
Prattville City Council 18
19
AUTHENTICATED THIS 20TH 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
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RESOLUTION BOOK 2024-A, PAGE ___ 64
ORDINANCE 1
2
[To Grant a Franchise Agreement to Telepak Networks, Inc. d/b/a C Spire and Its Affiliates 3
(collectively, “C Spire”) to Construct, Operate and Maintain a Telecommunications System in 4
the City of Prattville and Set Forth the Conditions Accompanying the Grant of the Franchise.] 5
6
{Sponsored By: Councilor Chambers} 7
8
WHEREAS, the City is the owner of certain rights-of-way located along streets 9
10
maintained by and under the control of the City (the “Rights-of-Way”), and the City is authorized 11
12
to grant corporations the non-exclusive right to construct, operate, and maintain a 13
14
Telecommunications System within the City; and 15
16
WHEREAS, C Spire is qualified to do business in the State of Alabama, has been 17
18
granted a Certificate to provide utility services in the State of Alabama by the Alabama Public 19
20
Service Commission and desires to provide Telecommunications Services and Video Services 21
22
within the City; and 23
24
WHEREAS, the City and C Spire desire to enter into this Agreement concerning the 25
26
installation and maintenance of a Telecommunications System within the City’s Rights-of-Way, 27
28
and certain other matters more fully contained herein. 29
30
BE IT ORDAINED by the City Council of the City of Prattville, Alabama, as follows: In 31
32
consideration of the mutual covenants and agreements contained herein, and for other good 33
34
and valuable consideration, the receipt and sufficiency of all of which are hereby 35
36
acknowledged, the Parties hereto do hereby agree as follows: 37
38
1. Definitions. For the purpose of this Agreement, the following terms, phrase, words, 39
and abbreviations shall have the following meanings: 40
41
(a) “Affiliates” means an entity which, owns or controls, is owned or controlled by, or is 42
under common ownership with Telepak Networks, Inc. d/b/a C Spire. 43
(b) ‘‘Agreement Date” means _________________ ______, 2024. 44
(c) “Basic Video Services Tier” means the Video Services tier which includes the 45
retransmission of local television broadcast signals, and which is also the tier to which 46
the largest number of Subscribers are currently purchasing. 47
(d) “C Spire” means Telepak Networks, Inc. d/b/a C Spire and its Affiliates or its agents, 48
lawful successors, transferees, or assigns. 49
(e) “City” means the City of Prattville, Alabama. 50
(f) “City Council” means the City Council of Prattville, Alabama. 51
(g) “Facilities” means all fiber optic wires, conduit, poles, wires, telecommunications, 52
amplifiers, electronics, transmission and reception equipment, pedestals, towers, 53
dishes, supporting hardware, and related equipment and fixtures necessary and 54
desirable to construct and maintain the Telecommunications System and to provide 55
Services under this Agreement. 56
(h) “FCC” means the Federal Communications Commission. 57
(i) “Gross Revenues” means any revenue derived by C Spire from the operation of the 58
Telecommunications System to provide Telecommunications Services and/or Video 59
Services to Subscribers within the City, adjusted for non -payment. Gross Revenues 60
shall include (i) Video Services fees for any of C Spire’s Video Services or Video 61
Services Tiers and (ii) Telecommunications Services fees for C Spire’s local calling plan 62
offering. Gross Revenues shall also include (i) recurring charges for Video Services, 63
including late fees; (ii) event based charges for Video Services, including pay-per-view 64
and video-on-demand charges; (iii) monthly recurring charges for the rental of Video 1
Services equipment and Video Services accessories; (iv) customer service charges 2
related to the provision of Video Services, including activation, home installation, and 3
repair; (v) advertising revenue and home shopping commissions; and (vi) administrative 4
charges related to the provision of Video Services, including service order and service 5
termination charges. Gross Revenues shall not include (i) any taxes on Services 6
furnished by C Spire by any municipality, State, or other governmental unit and collected 7
by C Spire for such governmental unit; (ii) amounts passed back to the Subscribers 8
through retail discounts, refunds, rebates or other direct promotions; (iii) non-collectible 9
amounts due C Spire or its customers after commercially reasonable efforts are made 10
to collect; (iv) non-operating revenues such as interest income or gain from the sale of 11
an asset; (v) site acquisition, construction management or supervision fees related to or 12
incurred in support of the installation of the Facilities; (vi) contributions of capital by any 13
third party to reimburse C Spire in whole or in part for the installa tion of the Facilities; 14
(vii) revenues from the sale or lease of customer premise equipment and/or accessories 15
unrelated to Video Services; (ix) charges for Other Services that are aggregated and 16
bundled with amounts billed to Subscribers; and/or (x) other charges unrelated to Video 17
Services or Telecommunications Services that are aggregated or bundled with amounts 18
billed to Subscribers. 19
(j) “Other Services” means services lawfully provided by C Spire within the City in 20
addition to Telecommunications Service and Video Services, including, without 21
limitation, broadband services, private network services, internet access services, voice 22
mail, call waiting, call forwarding, and distance learning services. 23
(k) “PEG Access” means the public, educational and governmental access to a channel 24
on the Telecommunications System dedicated by C Spire to the City under this 25
Agreement. 26
(l) “Person” means an individual, partnership, association, joint stock company, trust, 27
corporation, limited liability company, or governmental entity. 28
(m) “Public Way” means the area on, below, or above any real property in the City in 29
which the City has an interest, including, but not limited to, any street, road, highway, 30
alley, sidewalk, parkway, park, skyway, or any other place, area, or real property owned 31
by or under the control of the City, including other dedicated Rights -of-Way for travel 32
purposes and utility easements. 33
(n) “Services” collectively refers to Telecommunications Services, Other Services, and 34
Video Services to be offered by C Spire, at its discretion, in the City, but does not 35
necessarily include all or any of such services. 36
(o) “Subscribers” means a Person who lawfully receives Services with C Spire’s express 37
permission within the City. 38
(p) “Telecommunications” means the transmission, between or among points specified 39
by the user, of information of the user’s choosing, without change in the form or content 40
of the information as sent and received. 41
(q) “Telecommunications Service” means the offering of Telecommunications for a fee 42
directly to the public, or to such classes of users as to be effectively available directly to 43
the public, regardless of facilities used. 44
(r) “Telecommunications System” means C Spire’s Facilities, consisting of a set of 45
closed transmission fiber optic paths and associated signal generation, reception, and 46
control equipment or other communication equipment that is designed to provide 47
Services to Subscribers. 48
(s) “Video Services” means the one-way transmission to Subscribers in their residence 49
or commercial premises within the City of video programming (programming provided 50
by, or generally considered comparable to programming provided by, a television 51
broadcast station) or other programming services typically provided by a Multi-channel 52
Video Programming Distributor (“MVPD”) and made available to all Subscribers within 53
the City generally, but not to include over-the-top services such as Hulu, Netflix or Sling. 54
55
2. Grant. The City grants to C Spire a non-exclusive right and license to construct and 56
operate a Telecommunications System in the Rights-of-Way and a non-exclusive franchise to 57
provide Services to Subscribers located within the City. Subject to the terms of this Agreement 58
and applicable law, C Spire may erect, install, construc t, operate, maintain, repair, replace, 59
expand, and reconstruct its Telecommunications System in any Rights-of-Way. 60
61
3. Term. The license granted under this Agreement shall be for an initial term of ten (10) 62
years from the Agreement Date, unless otherwise lawfully terminated (the “Initial Term”). At the 63
end of the Initial Term this Agreement shall automatically renew for two (2) consecutive periods 64
of ten (10) years (each a “Renewal Term”) unless C Spire gives the City notice of its intention 1
not to renew at least six (6) months prior to the Initial Term or any Renewal Term. The Initial 2
Term and any Renewal Term(s) are sometimes collectively referred to herein as the “Term.” At 3
the end of the Term either Party may commence negotiations for a renewal of the franchise by 4
giving the other Party written notice not more than two (2) years prior to the end of the Term. 5
4. Installation of Facilities. C Spire shall not install any new Facilities in any Public 6
Way without having received a permit from the City. C Spire shall install all Facilities so as 7
to minimize interference with the proper use of Public Ways, public utilities, and with the 8
rights and reasonable convenience of the City and property owners whose property adjoins 9
any Public Ways. C Spire agrees to the following conditions, limitations, and restrictions 10
related to the installation of its Facilities in, on or through any portion of the Rights-of-Way: 11
(a) C Spire shall hold a pre-construction meeting with the City at least ten (10) days prior 12
to beginning any construction to advise the City of its planned activities. 13
(b) C Spire agrees to supply the City with digital drawings of construction plans ten (10) 14
days prior to construction and digital as-built drawings within six (6) months of the 15
completion of any construction. Final drawings will be supplied in Autocad 2000 using 16
NAD 83 coordinates, GIS format, or such other digital formats as are reasonably 17
acceptable to the Parties. 18
(c) C Spire agrees to “white-line” its path for planned construction for the da y of 19
construction. 20
(d) C Spire lines, where feasible, shall have at least a forty-eight (48) inch separation 21
vertically and where feasible at least thirty (30) inch separation horizontally from all City 22
utility lines, including gas lines, water lines and sewer lines. 23
(e) C Spire agrees, where feasible, to stay three (3) feet away, measured horizontally, 24
from power poles unless it is utilizing such poles pursuant to a pole attachment 25
arrangement. 26
(f) C Spire or C Spire’s contractor will request locates and the City shall provide locates 27
of its facilities as required by Alabama’s 811 law and regulations. C Spire will not locate 28
the City’s utility lines or those of any third party physically or on maps or drawings. C 29
Spire hand hole and clean-up crews will set hand holes and complete clean-up for each 30
section within two (2) to three (3) work days after placement of conduit, weather 31
permitting. 32
(g) C Spire shall clear the streets of any drill mud, debris and other obstructions that 33
accumulate as a result of C Spire’s construction activities and will not permit its activities 34
to create a hazard to any persons or property. In the event that any such drill mud, debris 35
or other obstruction caused by C Spire’s activities encroaches upon the street, C Spire 36
shall take immediate corrective action to remove the same. 37
(h) If streets and other Public Ways are damaged by C Spire, its employees, agents or 38
contractors in installation or subsequent maintenance and repair of its Facilities, C Spire, 39
upon written notice from the City and at C Spire’s sole expense, shall promptly and 40
without delay repair and restore such streets or Public Ways to the same or better 41
condition than such streets or Public Ways were in prior to such damage, and to the 42
reasonable satisfaction of the City. 43
(i) C Spire shall contact affected property owners to discuss any repairs, dress -up or 44
clean-up of such owners’ property necessitated by the installation of C Spire’s fiber optic 45
cable, and shall perform any necessary repair, dress-up or clean-up to such property at 46
C Spire’s sole expense. 47
(j) At all times during and after the installation of fiber optic lines, C Spire shall respond 48
to all emergency locates to locate its fiber optic lines as required by Alabama’s 811 law 49
and regulations. 50
(k) At all times, C Spire shall be responsible for safety at, about and around its work and 51
shall, at its sole expense, provide safe and adequate traffic control when necessary and 52
at its own expense provide full and complete warnings to safeguard the public and to 53
prevent injury or damage, including, but not limited to, any and all signage, cones, 54
markings, lighting and otherwise deemed, in the sole discretion of C Spire, to be 55
adequate and C Spire shall assume all liability for any injury or damage in any way 56
related directly, or indirectly to the provision or non-provision or inadequate provision of 57
such controls, warnings, etc., and shall, at its sole expense, defend the City any and all 58
actions in any way related to any injury or damage claimed to be the result of 59
inadequacies in traffic control, warnings, or otherwise. 60
(l) C Spire shall have the authority to trim trees and natural growth on the Rights-of-Way 61
which may affect its Telecommunications System in the City to prevent interference with 62
C Spire’s Facilities in accordance with the City ordinance regarding tree cutting and 63
removal. 64
(m) C Spire shall, on the request of any Person holding a permit to move a building 1
temporarily raise or lower its aerial Facilities, if any, to facilitate the moving of such 2
buildings. The expense of such temporary removal or raising or lowering of such aerial 3
Facilities shall be paid by the Person requesting the same, and C Spire shall have the 4
authority to require such payment in advance. C Spire shall be given at least sixty (60) 5
days’ advance notice to arrange such temporary aerial Facility alterations. 6
(n) The City shall not charge C Spire any permitting fees of any kind during the Term. 7
(o) The decision of when and where to construct its Facilities is solely within the 8
discretion of C Spire as is the determination of what Services to provide and where to 9
provide them within the City during the Term. 10
11
Throughout the Term of this Agreement, provided C Spire complies with the foregoing 12
requirements, C Spire shall be entitled to expand and upgrade its Telecommunications System 13
as it deems reasonably necessary. 14
5. Relocation of Facilities. Whenever the City shall grade, regrade, or change the line 15
of any street or Public Way or construct or reconstruct any sewer or water system therein and 16
shall, with due regard to reasonable working conditions, order C Spire to relocate or protect its 17
Facilities located in said street or Public Way, C Spire shall relocate or protect its Facilities at 18
its own expense; provided, however, if the City compensates any Person for similar work then 19
C Spire shall be similarly compensated. Further, where the City has determined that the 20
location of C Spire’s Facilities is unsafe, interferes with traffic control devices, or otherwise may 21
be harmful to the public health, safety, and welfare as determined in the reasonable judgment 22
of the City, C Spire shall move such Facilities to an alternate location as directed by the City. 23
The City shall give C Spire reasonable notice of plans to grade or change the line of any street 24
or Public Way or to construct or reconstruct any sewer or water system therein or of any 25
demand that the Facilities be relocated for the reasons set forth herein. C Spire may also be 26
required to relocate its Facilities where public utilities or othe r users of the Public Way require 27
access; provided, however, that nothing herein shall be construed as a waiver of C Spire’s 28
rights under applicable law. Any such movement shall be at the expense of the third party. With 29
respect to location of its existing public utility lines, the City agrees that during the period of C 30
Spire’s installation of fiber optic lines pursuant to this Agreement, the City will locate all City 31
public utility lines as required by Alabama’s 811 laws. It shall be the duty of C Spire o r its 32
contractor(s) to request the City to locate the public utility lines. 33
6. Damage to Existing Utilities. C Spire hereby agrees that (a) during the installation 34
process, and (b) at any time after such installation, C Spire will immediately notify the 35
appropriate utility provider in the event that C Spire, or any of its related entities, employees, 36
agents, or contractors damages a utility line, including private service lines. Provided that the 37
party owning the lines has complied with Alabama’s 811 law and regulations, then any repairs 38
to such utility lines and private service lines must be made immediately, and at C Spire’s sole 39
expense, and shall only be made by appropriately licensed and bonded contractors. 40
7. Compliance with Codes. All construction, installation, maintenance, and operation 41
of the Telecommunications System or of any Facilities employed in connection therewith shall 42
comply with the provisions of the National Electrical Safety Code as prepared by the National 43
Bureau of Standards, the National Electrical Code of the National Council of Fire Underwriters, 44
any standards issued by other federal or state regulatory agencies in relation thereto, and local 45
zoning regulations. C Spire shall comply with ordinances, rules, and regulations established by 46
the City pursuant to the lawful exercise of its police powers and generally applicable to all users 47
of the Public Way. To the extent that local ordinances, rules, or regulations clearly conflict with 48
the terms and conditions of this Agreement, the term s and conditions of this Agreement shall 49
prevail. The City reserves the right to lawfully exercise its police powers. C Spire will comply 50
with the FCC customer service standards set forth under 47 C.F.R. 76.309(c)(l), (2)(ii)-(v), (3)-51
(4). The City acknowledges that due to the nature of the equipment and underground fiber 52
installation practices of C Spire which differ substantially from those of traditional cable 53
television service providers, compliance with 47 C.F.R. 76.309(c)(2)(i) is not practicable or 54
required. 55
8. Indemnity to City. At all times both during and after installation, so long as C Spire’s 56
Telecommunications System is located upon any portion of the City’s Rights -of-Way, C Spire 57
covenants, warrants and agrees to indemnify and hold harmless th e City, its officers, 58
employees, agents and contractors, of and from any and all suits, damages, claims, liabilities, 59
losses and expenses, including reasonable attorneys’ fees, directly or indirectly arising from or 60
related to: (a) the installation, operation, repair or maintenance by any Person of C Spire’s 61
Telecommunications System within the City; (b) provided that the City has complied with 62
Alabama’s 81l law and regulations, any injury, loss or damage to the City’s utility lines arising 63
from or related to the installation, operation, repair or maintenance of C Spire’s 64
Telecommunications System; and (c) provided that the private service line owner has complied 1
with Alabama’s 811 law and regulations, any injury, loss or damage to private service lines 2
arising from or related to the installation, operation, repair or maintenance of C Spire’s 3
Telecommunications System. Without the intent of limiting any of the foregoing, it is agreed 4
that C Spire shall indemnify and hold harmless the City, its officers, offic ials, employees, agents 5
and contractors of and from any and all claims for personal injury, wrongful death, property 6
damage, or otherwise alleged to be directly or indirectly attributable, in whole or in part, to the 7
acts or omissions of C Spire or its off icers, employees, agents, or contractors in connection 8
with the subject of this Agreement, which indemnity shall be at the sole expense of C Spire, 9
including the obligation to pay any and all sums required, including any settlement, judgment, 10
attorneys’ fees, court costs, or otherwise. In the event the City believes it has a claim subject 11
to indemnification it must promptly give C Spire written notice of such claim. Within sixty (60) 12
days of its receipt of written notice of the City’s claim, C Spire shall n otify the City in writing 13
whether it will defend such claim. If C Spire assumes the defense of such claim, it shall be 14
entitled to defend the claim in any manner it sees fit including settlement, provided no 15
settlement imposes liability on the City without the City’s prior written consent. 16
9. Franchise Fee. 17
(a) Franchise Fee. When and if C Spire provides local Telecommunications Services to 18
Subscribers within the City, C Spire shall pay the City a franchise fee equal to (i) five 19
percent (5%) of the monthly service charge revenue from sales of local 20
Telecommunications Services to Subscribers located within the City, and (ii) when and 21
if C Spire provides Video Services to Subscribers located within the City, a video 22
services franchise fee equal to the lesser of: (A) five percent (5%) of Gross Revenues 23
received by C Spire from sale of the Video Services to Subscribers within the City; and 24
(B) the lowest percentage payable by a third party provider of Video Services to 25
Subscribers within the City (collectively, the “Franchise Fee”). The payment of the 26
Franchise Fee shall be made on a quarterly basis and shall be due and payable no later 27
than forty-five (45) days after the last day of each March, June, September, and 28
December throughout the Term of this Agreement. Each Franchise Fee payment shall 29
be accompanied by a certified report from a representative of C Spire, which shows the 30
basis for the computation of all monthly service charge revenue from providing local 31
Telecommunications Services and Gross Revenues received by C Spire from sale of 32
the Video Services to Subscribers located within the City limits during the period for 33
which such Franchise Fee payment is made. If the Franchise Fee payment is not 34
actually received by the City on or before the applicable due date set forth in this Section, 35
interest shall accrue on the outstanding amount at the lesser of one percent (1%) per 36
month or the highest rate allowed under Alabama law for the period of delinquency. 37
(b) Discounted Rates. If C Spire Subscribers are offered what is, in effect, a discount for 38
“bundled” services (i.e., Subscribers obtain Video Services and some other non-Video 39
goods or service) then for the purpose of calculating Gross Revenues, the discount shall 40
be applied proportionately to Video and non -Video goods and services, in accordance 41
with the following example: 42
43
Assume a Subscriber’s charge for a given month of Video Service alone would be $40, 44
for local telephone service alone would be $30, and for high speed internet service alone 45
would be $30, for a total of $100. In fact, the three (3) services are offered in ef fect at a 46
combined rate where the Subscriber receives what amounts to a twenty percent (20%) 47
discount from the rates that would apply to a service if purchased individually (i.e., $80 48
per month for all three (3) services). The discount (here, $20) for Gros s Revenue 49
computation purposes would be applied pro rata so that the Gross Revenue for Video 50
Service are deemed to be $32 ($40 less twenty percent (20%) of $40). The result would 51
be the same if the Subscriber received a $20 discount on telephone service on the 52
condition that he or she also subscribes to Video Service at standard rates. 53
54
In no event shall C Spire be permitted to evade or reduce applicable Franchise Fee 55
payments required to be made to the City due to discounted bundled services. 56
(c) Audit. During the Term of this Agreement, once every twelve (12) months and upon 57
reasonable prior written notice, during normal business hours, the City shall have the 58
right to inspect C Spire’s financial records used to calculate the City’s Franchise Fee, 59
and the right to audit and to re-compute any amounts determined to be payable under 60
this Section at the City’s expense; provided, however, that any such audit shall take 61
place within three (3) years from the date the City received such payment, after which 62
period any such payment shall be considered final. If the City believes it is owed any 63
additional compensation from C Spire, it will give C Spire notice of same along with a 64
calculation of the additional amount. The Parties shall work together in good faith t o 1
resolve the matter. Any additional amounts due to either Party shall be promptly paid 2
within thirty (30) days following resolution of the payment dispute. 3
10. Public, Education and Government Access Channel. 4
(a) PEG Access Channel. At any time after C Spire begins to offer Video Services on a 5
commercial basis to Subscribers within the City, the City may request C Spire to provide 6
the City one (1) video channel for non -commercial PEG Access use. C Spire shall 7
provide the PEG Access channel within one hundred and eighty (180) days of the City’s 8
request. 9
(b) Regulation of PEG Access Channel. The City shall establish reasonable regulations 10
governing use by the public of the PEG Access channel and the content broadcast over 11
the channel. C Spire shall have the right to prohibit the broadcast of inappropriate or 12
illegal programming over the channel in its sole reasonable discretion and in accordance 13
with applicable law. The City shall be solely responsible for all costs, expenses, and 14
equipment necessary for and related to producing or transmitting content over the PEG 15
Access channel. C Spire shall have no obligation, financial or otherwise, other than the 16
obligation to provide access to one video channel for non -commercial PEG Access use. 17
(c) Return of PEG Access Capacity to C Spire. In the event that unused capacity exists 18
on the PEG Access channel, C Spire may request the City to return that capacity to C 19
Spire for C Spire’s use. The City shall not unreasonably deny such request. 20
11. Liability Insurance. At all times, C Spire shall maintain, at its own cost and 21
expense, a general liability policy in the minimum amount of $1,000,000.00 per occurrence and 22
$2,000,000 general aggregate limit for bodily injury and property damage. Such policy or 23
policies shall designate the City as an additional insured and shall be non -cancellable except 24
upon thirty (30) days’ prior written notice to the City. The City shall be provided with a certificate 25
of such coverage upon request by the City. C Spire also currently maintains umb rella liability 26
policies of at least $10,000,000 in aggregate. In addition, C Spire shall secure any and all other 27
insurance as C Spire, in its sole discretion, deems appropriate. Nothing in this Section is 28
intended to be a waiver of the City’s immunity un der State-agent immunity. 29
12. Books and Records. Throughout the Term of this Agreement, C Spire agrees to 30
keep such books and records regarding the operation of the Telecommunications System and 31
the provision of Telecommunications Services in the City as a re reasonably necessary to 32
ensure C Spire’s compliance with the terms and conditions of this Agreement. Such books and 33
records shall include, without limitation, any records required to be kept in a public inspection 34
file by C Spire pursuant to the rules and regulations of the FCC. All such documents pertaining 35
to financial matters, which may be the subject of an audit by the City shall be retained by C 36
Spire for a minimum period of three (3) years; provided it is understood that C Spire only retains 37
call records for eighteen (18) months. 38
13. Transfer of Ownership or Control. 39
(a) C Spire shall not transfer this Agreement or any of C Spire’s rights or obligations in 40
or regarding the Agreement without the prior written consent of the City. No such 41
consent shall be required, however, for (i) a transfer in trust, by mortgage, 42
hypothecation, or by assignment of any rights, title, or interest of C Spire in the 43
Agreement or in the Telecommunications System in order to secure indebtedness; (ii) a 44
transfer to any Affiliate of C Spire; or (iii) a transfer to any Person purchasing all or 45
substantially all of the assets or common stock of C Spire. 46
(b) C Spire shall give the City prior written notice of any impending transfer of Control of 47
C Spire or its assets under Sections 12 (a)(ii) or(iii) above. Furthermore, C Spire shall 48
ensure that the Person to whom Control of C Spire or its assets is transferred is 49
authorized by the applicable state or federal authority to occupy the Public Ways 50
pursuant to this Agreement and assumes in writing all of the obligations of C Spire under 51
this Agreement effective as of the date of the transfer of Control or sale. C Spire shall 52
provide the City with a copy of such assignment instrument upon request by the City. 53
The transfer of ownership or Control pursuant to this Section shall not be deemed to 54
waive any rights of the City to subsequently enforce non -compliance issues relating to 55
this Agreement even if such issues predated the transaction, whether known or 56
unknown to the City. 57
(c) For purposes of this Section 13, “Control” means ownership of a majority interest or 58
the actual working control and day to day management of C Spire. 59
14. Compliance with Applicable Law. C Spire shall at all times comply with all laws 60
applicable to its provision of Telecommunications Services in the City. 61
15. Enforcement and Termination. 62
(a) Breach. In addition to all other rights and powers retained by the City under this 63
Agreement or otherwise, the City reserves the right to terminate this Agreement and all 64
rights and privileges of C Spire hereunder in the event of a material breach of its terms 1
and conditions. 2
(b) Notice of Violation. In the event the City believes C Spire has not complied with the 3
provisions of this Agreement, the City shall make a written demand that C Spire comply 4
with any such provision, rule, order, or determination under or pursuant to this 5
Agreement. If the violation by C Spire continues for a period of thirty (30) days following 6
C Spire’s receipt of such written demand without written proof that the corrective action 7
has been taken or is being actively and expeditiously pursued, the City may place the 8
issue of termination of the Agreement before the City Council. The City shall cause to 9
be served upon C Spire at least twenty (20) days prior to the date of a City Council 10
meeting, a written notice of intent to request such termination, the provisions of this 11
Agreement under which termination is sought, and the time and place of such City 12
Council meeting. Public notice shall be given of the City Council meeting and issues that 13
the City Council is to consider pursuant to the requirements of Alabama law. 14
(c) Consideration of Breach. The City Council shall hear and consider the issue and 15
shall hear any Person interested therein and shall determine whether or not any material 16
breach by C Spire has occurred. 17
(d) Declaration of Forfeiture. If the City Council shall determine the material breach by 18
C Spire was the fault of C Spire and within its control, the City Council may, by resolution: 19
(i) seek specific performance of any provisions which reasonably lends itself to such 20
remedy, as an alternative to damages; or (ii) commence or action at law for monetary 21
damages; or (iii) declare a material breach and declare that this Agreement shall be 22
terminated unless there is compliance within such period as the City Council may fix 23
(with such period not to be less than sixty (60) days), provided that no opportunity for 24
compliance need be granted for fraud or misrepresentation. 25
(e) No Forfeiture of Legal Rights or Remedies. Nothing herein shall be construed as a 26
waiver or forfeiture of any right o r remedy that either Party may have concerning or 27
arising out of this Agreement, including the right to seek judicial redress for any breach 28
or violation of the terms of this Agreement. 29
16. Miscellaneous. 30
(a) Applicable Law. This Agreement will be deemed to be a contract made under the 31
laws of the State of Alabama and for all purposes will be governed by and interpreted in 32
accordance with the laws prevailing in the State of Alabama, without regard to principles 33
of conflict of laws. 34
(b) Entire Agreement. The terms and provisions of this Agreement constitute the entire 35
agreement between the Parties, and there are no collateral agreements or 36
representations or warranties other than as expressly set forth or referred to in this 37
Agreement. 38
(c) Inurement. This Agreement shall be binding upon, and shall inure to the benefit of, 39
the respective Parties, their successors, and assigns, including any and all subsequent 40
owners of the fiber optic lines installed pursuant to this Agreement. 41
(d) Fees and Costs. In the event of any disputes or controversies arising from the 42
Agreement or its interpretation, each Party will bear its own attorneys’ fees and costs 43
incurred in connection with same. 44
(e) No Rights to Private Property. Nothing in this Agreement shall be construed 45
expressly or impliedly to grant to C Spire any rights with respect to any private property. 46
(f) C Spire Repair, Inspection, etc. All of the obligations imposed by this Agreement upon 47
C Spire with regard to construction shall be equally applicable in the eve nt that C Spire 48
or its agents, employees or contractors, repair, inspect, or otherwise, deal with the 49
Rights-of-Way. All obligations, duties and responsibilities imposed upon C Spire by this 50
Agreement shall be continuing and not limited solely to the construction period. 51
(g) Independent Contractor. The Parties stipulate and agree that C Spire is an 52
independent contractor and neither Party shall take any action or make any statement 53
that could, in any way, suggest a different relationship between the Parties . It is 54
specifically agreed that the Parties hereto are not partners or joint venturers and do not 55
occupy any similar relationship. 56
(h) No Guaranty, etc. by City. It is hereby agreed that neither the City nor any of its 57
officers, officials, employees, agents, or contractors have made any guaranty, 58
representation, promise or assurance to C Spire or its officers, officials, employees or 59
contractors, other than as expressly contained in writing in this Agreement and C Spire 60
stipulates and agrees that it is not relying upon any promise, representation, guaranty 61
or assurance, other than as is contained in writing in this Agreement. 62
(i) Notice. Any notice or response required under this Agreement shall be in writing and 63
shall be deemed given upon receipt: (i) when hand delivered; (ii) when delivered by 64
commercial courier; or (iii) after having been posted in a properly sealed and correctly 1
addressed envelope by certified or registered mail, postage prepaid, return receipt 2
requested. The addresses of the Parties for notice are as follows: 3
4
The notices or responses to the City shall be addressed as follows: 5
6
City of Prattville, Alabama Attn: Mayor Bill Gillespie, Jr. 101 West Main Street Prattville, 7
Alabama 36067 8
With a copy to: 9
10
Andrew Odom, City Attorney 707 McQueen Smith Road South Prattville, Alabama 11
36066 12
13
The notices or responses to C Spire shall be addressed as follows: 14
15
Telepak Networks, Inc. d/b/a C Spire Attn: Jake Cowen, Sr. Vice President 1018 16
Highland Colony Parkway, Suite 400 Ridgeland, Mississippi 39157 17
18
With a copy to: 19
20
Charles L. McBride, Jr., General Counsel Telepak, Inc. 1018 Highland Colony Parkway, 21
Suite 700 Ridgeland, Mississippi 39157 22
23
The City and C Spire may designate such other address or addresses from time to time 24
by giving notice to the other as provided in this Section. 25
26
(j) Severability. If the legislature or a court or regulatory agency of competent jurisdiction 27
determines that any provision of this Agreement is illegal, invalid, or unconstitutional, all 28
other terms of this Agreement will remain in full force and effect for the Term of the 29
Agreement and any renewal. 30
(k) Change of Law. In the event that any effective legislative, regulatory, judicial, or legal 31
action materially affects any material terms of this Agreement, or the ability of the City 32
or C Spire to perform any material terms of this Agreement, the Parties agree to amend 33
this Agreement as necessary to comply with the changes in law within thirty (30) days 34
of receipt of written notice of such change in law. 35
36
ADOPTED THIS 20TH DAY OF AUGUST, 2024. 37
38
39
40
By: Lora Lee Boone, President 41
Prattville City Council 42
43
AUTHENTICATED THIS 20TH DAY OF AUGUST, 2024. 44
45
46
47
By: Paula G. Barlow 48
City Clerk 49
50
APPROVED: 51
52
53
54
By: Bill Gillespie, Jr. 55
Mayor 56
57
58
59
60
61
62
63
ORDINANCE BOOK 2024, PAGE ___ 64
ORDINANCE 1
2
[To Amend Ordinance Book 2011, Page 024, Ordinance Book 2016 -A, Page 009 and 3
Ordinance Book 2020, Page 005 to Re-Describe the Legal Descriptions of City Council 4
Districts Pursuant to 2020 Federal Census and Designate Voting Locations.] 5
6
{Sponsored By: Council President Boone} 7
8
WHEREAS, pursuant to Resolution Book 2023-B, Page 272, on December 19, 2023, 9
10
the City Council of the City of Prattville established Redistricting Guidelines and Milestones for 11
12
the 2024 Redistricting Process in accordance with the 2020 Federal Census. 13
14
NOW, THEREFORE, BE IT ORDAINED that Ordinance Book 2011, Page 024, 15
16
Ordinance Book 2016-A, Page 009 and Ordinance Book Page 2020, Page 005 are hereby 17
18
amended pursuant to the 2020 Federal Census and the City Council districts are those areas 19
20
within the Corporate Limits re-described by the Legal Description as follows: 21
22
COUNCIL DISTRICT 1 23
As the point of beginning, start at the intersection of W Main Street and Court Street; run north 24
along Court Street to Upper Kingston Road; run north along Upper Kingston Road to Gardner 25
Road; run east on Gardner Road to the Prattville City Corporate Limits; following the Prattville 26
City Corporate Limits north and east and in a counterclockwise direction along the Prattville 27
City Corporate Limits to where the Prattville City Corporate Limits joins Old Autaugaville Road 28
immediately south of US Hwy 82; run northeast along Old Autaugaville to Gin Shop Hill Road; 29
run northeast along Gin Shop Hill Road to Cook Road; run southeast along Cook Road to 30
Fireside Drive; run southeast along Fireside Drive to Kindlewood Drive; run northeast along 31
Kindlewood Drive to the eastern boundary of Hearthstone Estates Phase 2 subdivision, as 32
recorded in the Office of the Judge of Probate of Autauga County in Book 2007, Page 24; run 33
north along said eastern boundary and continue in a northerly directi on to the southeast corner 34
of Lot 6 of Block 2 and the eastern boundary of Deer Wood subdivision as recorded in the 35
Office of the Judge of Probate of Autauga County in Book 3, Page 94; run north along said 36
eastern boundary to the northeast corner of Lot 1 of Block 2 of said Deer Wood subdivision 37
and Quail Run; run east along Quail Run to Deer Trace; run northeast along Deer Trace to 38
Pletcher Street; run northwest along Pletcher Street to Maple Street; run northwest along Maple 39
Street to Bridge Street; run northeast along Bridge Street to W Main Street; run west along W 40
Main Street to Court Street, being the point of beginning. 41
42
COUNCIL DISTRICT 2 43
Northern Section 44
As the point of beginning, start at the intersection of W 6th Street and Upper Kingston Road; 45
run northwest along Upper Kingston Road to Gardner Road; run east along Gardner Road to 46
the Prattville City Corporate Limits; run north along the Prattville City Corporate Limits in a 47
clockwise direction to where the Prattville City Corporate Limits joins Gardner Road; run east 48
along Gardner Road to Martin Luther King Jr Drive; run south along Martin Luther King Jr Dr 49
to Ridgewood Road; run east along Ridgewood Road to Mt Airy Drive; run south along Mt Airy 50
Drive to Magnolia Drive; run southeast Magnolia Drive to E 6th Street; run southwest along E 51
6th Street to Woodvale Road; run south along Woodvale Road to Wetumpka Street; run west 52
along Wetumpka Street to the Norfolk Southern Railroad; run southeast along the Norfolk 53
Southern Railroad to E Main Street; run west along E Main Street to New Moon Drive; run 54
south along New Moon Drive to Hallmark Drive; run south along Hallmark Drive to Mobile Drive; 55
run southwest along Mobile Drive to Doster Road; run northwest along Doster Ro ad to Water 56
Street; run east along Water Street to Pratt Street; run north along Pratt Street to E Main Street; 57
run west along E Main Street to Moncrief Street; run north along Moncrief to 3 rd Street; run 58
west along 3rd Street to Northington Street; run north along Northington Street to the Norfolk 59
Southern Railroad; run northwest along the Norfolk Southern Railroad to W 6th Street; run west 60
along W 6th Street to Upper Kingston Road, being the point of beginning. 61
62
And 63
64
Southern Section 1
As the point of beginning, start at the intersection of Cook Road and Gin Shop Hill Road; run 2
southeast along Cook Road to Fireside Drive; run south along Fireside Drive to Hearthstone 3
Drive; run south along Hearthstone Drive to US Hwy 82; run east along US Hwy 82 to the 4
Norfolk Southern Railroad; run northwest along the Norfolk Southern Railroad to Doster Road; 5
run northeast along Doster Road to S Memorial Drive; run southeast along S Memorial Drive 6
to US Hwy 82; run east along US Hwy 82 to Fay Branch; run south along the Fay Branch to 7
Cooter’s Pond Road; run west along Cooter’s Pond Road to Pine Creek Road; run north along 8
Pine Creek Road to Angela Street; run west along Angela Street to Murfee Drive; run south 9
along Murfee Drive to S Memorial Drive; run south along S Memorial Drive to County Road 4; 10
run west along County Road 4 to the Prattville City Corporate Limits; run northwesterly along 11
the Prattville City Corporate Limits in a counterclockwise direction to where the Prattville City 12
Corporate Limits joins Old Autaugaville Road; run northeast along Old Autaugaville Road to 13
Gin Shop Hill Road; run northeast along Gin Shop Hill Road to Cook Road, being the point of 14
beginning. 15
16
COUNCIL DISTRICT 3 17
As the point of beginning, start at the intersection of N Memorial Drive and Skid more Avenue; 18
run north along N Memorial Drive to the Prattville City Corporate Limits; run easterly along the 19
Prattville City Corporate Limits in a clockwise direction to where the Prattville City Corporate 20
Limits crosses the Autauga County and Elmore County boundary; run south along said county 21
boundary to Fairview Avenue; run west along Fairview Avenue to Old Farm Way; run south 22
along Old Farm Way to Covered Bridge Parkway; run south along Covered Bridge Parkway to 23
the eastern tributary of Pine Creek; run southwesterly along the eastern tributary of Pine Creek 24
to the southeast corner of Section 2, T -17-N, R-16-E, also being the southeast corner of the 25
Glynwood Baptist Church property; run north along said section line and Glynwood Baptist 26
Church property line to the southeast corner of Lot 19C and the southern boundary of Autauga 27
Station Subdivision Plat No. 4 as recorded in the Office of the Judge of Probate of Autauga 28
County in Book 5, Page 234; run west along said southern boundary to McQueen Smith Road; 29
run south along McQueen Smith Road to the southeast corner of Lot 1 of Block 2 and the 30
southern boundary of Riverchase Phase I subdivision as recorded in the Office of the Judge of 31
Probate of Autauga County in Book 4, Page 100; run west along said southern boundary to the 32
southeast corner of Lot 1 of Block 3 and the southern boundary of Riverchase Phase II as 33
recorded in the Office of the Judge of Probate of Autauga County in Book 5, Page 18; run west 34
along said southern boundary to the southeast corner of Lot 14 and the southern boundary of 35
Riverchase Phase 4 subdivision as recorded in the Office of the Judge of Probate of Autauga 36
County in Book 5, Page 137; run west along said southern boundary to Jasmine Trail; run north 37
along Jasmine Trail to Fairview A venue; run west along Fairview Avenue to Diane Drive; run 38
southeast along Diane Drive to old Fairview Avenue (old Hwy 14); run west along old Fairview 39
Avenue to Fairview Avenue; run west along Fairview Avenue to Edgewood Avenue; run west 40
along Edgewood Avenue to Walker Street; run north along Walker Street to Skidmore Avenue; 41
run west along Skidmore Avenue to N Memorial Drive, being the point of beginning. 42
43
COUNCIL DISTRICT 4 44
As the point of beginning, start at the intersection of Cobbs Ford Road and the Au tauga County 45
and Elmore County boundary; run north along said county boundary to Covered Bridge 46
Parkway; run southwesterly along Covered Bridge Parkway to the eastern tributary of Pine 47
Creek; run southwesterly along the eastern tributary of Pine Creek to t he southeast corner of 48
Section 2, T-17-N, R-16-E, also being the southeast corner of the Glynwood Baptist Church 49
property; run north along said section line to the southeast corner of Lot 19C and the southern 50
boundary of Autauga Station Subdivision Plat No. 4 as recorded in the Office of the Judge of 51
Probate of Autauga County in Book 5, Page 234; run westerly along said southern boundary 52
to McQueen Smith Road; run south along McQueen Smith Road to the southeast corner of Lot 53
1 of Block 2 and the southern boundary of Riverchase Phase I subdivision as recorded in the 54
Office of the Judge of Probate of Autauga County in Book 4, Page 100; run west along said 55
southern boundary to the southeast corner of Lot 1 of Block 3 and the southern boundary of 56
Riverchase Phase II as recorded in the Office of the Judge of Probate of Autauga County in 57
Book 5, Page 18; run west along said southern boundary to the southeast corner of Lot 14 and 58
the southern boundary of Riverchase Phase 4 subdivision as recorded in the Office of th e 59
Judge of Probate of Autauga County in Book 5, Page 137; run west along said southern 60
boundary to Jasmine Trail; run north along Jasmine Trail to Fairview Avenue; run west along 61
Fairview Avenue to Pine Creek; run south along Pine Creek to E Main Street; run east along E 62
Main Street and Cobbs Ford Road to the county boundary, being the point of beginning. 63
64
COUNCIL DISTRICT 5 1
As the point of beginning, start at the intersection of Fairview Avenue and Old Farm Way; run 2
northeast along Fairview Avenue to the A utauga County and Elmore County boundary; run 3
north along said county boundary to the Prattville City Corporate Limits; run southeasterly along 4
the Prattville City Corporate Limits in a clockwise direction to where the Prattville City Corporate 5
Limits joins County Road 4; run east along County Road 4 to S Memorial Drive; run north along 6
S Memorial Drive to Murfee Drive; run east and north along Murfee Drive to Angela Street; run 7
east along Angela Street to Pine Creek Road; run south along Pine Creek Road to Cooter’s 8
Pond Road; run east along Cooter’s Pond Road to Fay Branch; run northerly along Fay Branch 9
to US Hwy 82; run southwest along US Hwy 82 to S Memorial Drive; run northwest along S 10
Memorial Drive to Overlook Drive; run northeast along Overlook Drive to Beth Manor Drive; run 11
east along Beth Manor Drive to Teri Lane; run north and in a clockwise direction around Teri 12
Lane to Jay Street; run east along Jay Street to Sheila Boulevard; run north along Sheila 13
Boulevard to Tara Drive; run west along Tara Drive to Sweet Ridge Road; run north along 14
Sweet Ridge Road to Summer Lane; run east along Summer Lane to Sheila Boulevard; run 15
north along Sheila Boulevard to E Main Street; run east along E Main Street and Cobbs Ford 16
Road to the Autauga County and Elmore County boundary; run north along said county 17
boundary to Covered Bridge Parkway; run southwest and then north along Covered Bridge 18
Parkway to Old Farm Way; run northwest along Old Farm Way to Fairview Ave, being the point 19
of beginning. 20
21
COUNCIL DISTRICT 6 22
As the point of beginning, start at the intersection of S Memorial Drive and Overlook Drive; run 23
northeast along Overlook Drive to Beth Manor Drive; run east along Beth Manor Drive to Teri 24
Lane; run north and in a clockwise direction around Teri Lane to Jay Street; run east along Jay 25
Street to Sheila Boulevard; run north along Sheila Boulevard to Tara Drive; run west along Tara 26
Drive to Sweet Ridge Road; run north along Sweet Ridge Road to Summer Lane; run east 27
along Summer Lane to Sheila Boulevard; run north along Sheila Boulevard to E Main Street; 28
run west along E Main Street to Pine Creek; run north along Pine Creek to Fairview Avenue; 29
run southwest along Fairview Avenue to Diane Drive; run southeast along Diane Drive to old 30
Fairview Avenue (old Hwy 14); run west along old Fairview Avenue to Fairview Avenue; run 31
southwest along Fairview Avenue to Edgewood Avenue; run west along Edgewood Avenue to 32
Walker Street; run north along Walker Street to Skidmore Avenue; run west along Skidmore 33
Avenue to N Memorial Drive; run north along N Memorial Drive to the Prattville City Corporate 34
Limits; run westerly along the Prattville City Corporate Limits in a counterclockwise direction to 35
where the Prattville City Corporate Limits joins Martin Luther King Jr Drive; run sout h along 36
Martin Luther King Jr Drive to Ridgewood Road; run east along Ridgewood Road to Mt Airy 37
Drive; run south along Mt Airy Drive to Joan Lane; run east along Joan Lane to Fern Street; 38
run south along Fern Street to Mimosa Road; run east then south along Mimosa Road to Cherry 39
Drive; run east along Cherry Drive to Woodvale Road; run south along Woodvale Rd to 40
Camellia Drive; run southeast along Camellia Drive to N Memorial Drive; run south along N 41
Memorial Drive and S Memorial Drive to E Main Street; run west along E Main Street to 42
Jeanette Drive; run south along Jeanette Drive to Cardinal Lane; run east then south along 43
Cardinal Lane to Partridge Lane; run east along Partridge Lane to Loder Street; run 44
southeasterly along Loder Street to Honeysuckle Drive ; run south along Honeysuckle Drive to 45
Smith Avenue; run east along Smith Avenue to Leigh Drive; run south along Leigh Drive to 46
Sunset Drive; run east along Sunset Drive to Stonewall Drive; run north along Stonewall Drive 47
to S Memorial Drive; run south alo ng S Memorial Drive to Overlook Drive, being the point of 48
beginning. 49
50
COUNCIL DISTRICT 7 51
As the point of beginning, start at the intersection of Mt Airy Drive and Joan Lane; run south 52
along Mt Airy Drive to Magnolia Drive; run southeast along Magnolia Drive to E 6th Street; run 53
west along E 6th Street to Woodvale Road; run south along Woodvale Road to Wetumpka 54
Street; run west along Wetumpka Street to the Norfolk Southern Railroad; run southeasterly 55
along the Norfolk Southern Railroad to E Main Street; run west along E Main Street to New 56
Moon Drive; run south along New Moon Drive to Hallmark Drive; run west and south along 57
Hallmark Drive to Mobile Drive; run west along Mobile Drive to Doster Road; run north along 58
Doster Road to Water Street; run east along Water Street to Pratt Street; run north along Pratt 59
Street to E Main Street; run west along E Main Street to Moncrief Street; run north along 60
Moncrief Street to E 3rd Street; run west along E 3rd Street to S Northington Street; run north 61
along S Northington Street to the Norfolk Southern Railroad; run northwesterly along the 62
Norfolk Southern Railroad to W 6th Street; run west along W 6th Street to Court Street; run south 63
along Court Street to W Main Street; run east along W Main Street to Bridge Street; run south 64
along Bridge Street to Maple Street; run southeast along Maple Street to Pletcher Street; run 1
southeast along Pletcher Street to Deer Trace; run southwest along Deer Trace to Quail Run; 2
run northwest and west along Quail Run to the northeast corner of Lot 1 of Block 2 and the 3
eastern boundary of Deer Wood subdivision as recorded in the Office of the Judge of Probate 4
of Autauga County in Book 3, Page 94; run south along said eastern boundary to the southeast 5
corner and eastern boundary of Lot 6 of Block 2 of said Deer Wood subdivision; continue south 6
to the northeast corner of Lot 43 and the eastern boundary of Hearthstone Estates Phase 2 7
subdivision, as recorded in the Office of the Judge of Probate of Autauga County in Book 2007, 8
Page 24; run south along said eastern boundary to Kindlewood Drive; run southwest along 9
Kindlewood Drive to Fireside Drive; run south then west along Fireside Drive to Hearthstone 10
Drive; run south along Hearthstone Drive to US Hwy 82; run southeast and easterly along US 11
Hwy 82 to the Norfolk Southern Railroad; run north along the Norfolk Southern Railroad to 12
Doster Road; run northeast along Doster Road to S Memorial Drive; run northwest along S 13
Memorial Drive to Stonewall Drive; run southwest along Stonewall Drive to Sunset Drive; run 14
west along Sunset Drive to Leigh Drive; run north along Leigh Drive to Smith Avenue; run west 15
along Smith Avenue to Honeysuckle Drive; run north along Honeysuckle Drive to Loder Street; 16
run northwest along Loder Street to Partridge Lane; run we st along Partridge Lane to Cardinal 17
Lane; run north then west along Cardinal Lane to Jeanette Drive; run north along Jeanette 18
Drive to E Main Street; run east along E Main Street to S Memorial Drive; run north on S 19
Memorial Drive and N Memorial Drive to Camellia Drive; run northwest along Camellia Drive 20
to Woodvale Road; run north along Woodvale Road to Cherry Drive; run west along Cherry 21
Drive to Mimosa Rd; run north then west on Mimosa Drive to Fern Street; run north on Fern 22
Street to Joan Lane; run west on Joan Lane to Mt Airy Drive, being the point of beginning. 23
24
BE IT FURTHER ORDAINED that the following places are hereby designated as 25
26
voting locations for each of the seven election districts in the City of Prattville, Alabama: 27
28
District 1: Prattville Area Chamber of Commerce 29
131 N. Court Street 30
31
District 2: First Missionary Baptist Church 32
192 Seventh Street 33
34
Public Works Training Facility 35
1825 Cooters Pond Road 36
37
District 3: Central Alabama Community College 38
1320 Old Ridge Road 39
40
District 4: Glynwood Baptist Church 41
376 McQueen Smith Road 42
43
District 5: Heritage Baptist Church 44
1357 S. Memorial Drive 45
46
District 6: Trinity United Methodist Church 47
610 Fairview Drive 48
49
District 7: Gillespie Senior Center 50
334 Doster Road 51
52
THE purpose of this amendment is to adjust district boundary lines pursuant to the 2020 53
54
Federal Census in accordance with the §11-40-8, Code of Alabama, 1975, as amended. 55
56
ALL Ordinances or parts of Ordinances that conflict with this Ordinance are hereby 57
58
repealed. 59
60
THE provisions of this Ordinance are severable. If any part of this Ordinance is 61
62
declared invalid or unconstitutional, such declaration shall not affect the part which remains. 63
64
THE Council hereby ratifies and affirms all other aspects of the previously ado pted 1
2
Ordinance Book 2011, Page 024, as if set forth in full herein. 3
4
THIS Ordinance shall become effective upon adoption and publication as provided by 5
6
law. 7
8
ADOPTED THIS 20TH DAY OF AUGUST, 2024. 9
10
11
______________________________ 12
By: Lora Lee Boone, President 13
Prattville City Council 14
15
AUTHENTICATED THIS 20TH DAY OF AUGUST, 2024 16
17
18
______________________________ 19
By: Paula G. Barlow 20
City Clerk 21
22
23
24
APPROVED: 25
26
27
______________________________ 28
By: Bill Gillespie, Jr. 29
Mayor 30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
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49
50
51
52
53
54
55
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58
59
60
61
62
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ORDINANCE BOOK 2024, PAGE 64
RESOLUTION 1
2
[To Authorize the Mayor to Enter into an Agreement with Engineers of the South LLC for 3
Professional Design Engineering Services, Work Order No. 34 - Project No. PV-2404, for 4
Upgrades to the Autauga Creek Wastewater Treatment Plant at a Cost Not to Exceed 5
$1,440,000.00.] 6
7
{Sponsored By: Councilor Jackson} 8
9
WHEREAS, Wastewater has a need for professional design engineering services for 10
11
upgrades to the Autauga Creek Wastewater Treatment Plant; and 12
13
WHEREAS, Engineers of the South LLC has the expertise to provide said engineering 14
15
services at a cost not to exceed $1,440,000.00; and 16
17
WHEREAS, §39-2-2(d)(1), Code of Alabama, 1975, as amended, allows contracts to 18
19
secure services with engineers possessing a high degree of professional skill to be let without 20
21
bidding; and 22
23
WHEREAS, said project is a budgeted expense in the Wastewater Enterprise Fund. 24
25
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Prattville 26
27
hereby authorizes the Mayor to enter into Work Order No. 34 - Project No. PV-2404 with 28
29
Engineers of the South LLC for said design engineering services at a cost not to exceed 30
31
$1,440,000.00, and said funds are approved and appropriated from FY2024 Budge t Line Item 32
33
Wastewater Enterprise Fund/ Capital Projects. 34
35
BE IT FURTHER RESOLVED that the Mayor is hereby authorized to execute any and 36
37
all documents necessary to carry out the intent of this Resolution. 38
39
ADOPTED THIS 20TH DAY OF AUGUST, 2024. 40
41
42
43
By: Lora Lee Boone, President 44
Prattville City Council 45
46
AUTHENTICATED THIS 20TH DAY OF AUGUST, 2024. 47
48
49
50
By: Paula G. Barlow 51
City Clerk 52
53
APPROVED: 54
55
56
57
By: Bill Gillespie, Jr. 58
Mayor 59
60
61
62
63
RESOLUTION BOOK 2024-A, PAGE ____ 64
RESOLUTION 1
2
[To Amend the FY2024 Budget and Award Bid No. 024 -012 to Stivers Ford Lincoln Inc. for 3
the Purchase of 2025 or Newer Police Utility SUVs with Installation and Purchase/Installation 4
of Fleet Emergency Equipment for the Police Department at a Total Cost Not to Exceed 5
$379,760.00.] 6
7
{Sponsored By: Councilor Chambers} 8
9
WHEREAS, the Police Department has identified a need for the purchase and upfitting 10
11
of five (5) patrol vehicles and two (2) investigator vehicles; and 12
13
WHEREAS, specifications were drafted for said vehicles, equipment and the installation 14
15
of said equipment; and 16
17
WHEREAS, one (1) sealed bid was received, opened and read aloud on August 12, 18
19
2024, at 10:00 a.m. in the Council Chambers at City Hall, and Stivers Ford Lincoln, Inc. was 20
21
the lowest responsible bidder at a cost of $379,760.00 for said vehicles; and 22
23
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Prattville that 24
25
the FY2024 Budget is hereby amended as follows: 26
27
Decrease Police/ Salaries & Wages $379,760.00 28
Increase Police/ Capital Outlay $379,760.00 29
30
BE IT FURTHER RESOLVED that the City Council hereby awards Bid No. 024-012 to 31
32
Stivers Ford Lincoln Inc., in an amount not to exceed $379,760.00 and said funds will be 33
34
approved and appropriated from FY2024 Budget Line Item Police/ Capital Outlay. 35
36
ADOPTED THIS 20TH DAY OF AUGUST, 2024. 37
38
39
40
By: Lora Lee Boone, President 41
Prattville City Council 42
43
AUTHENTICATED THIS 20TH DAY OF AUGUST, 2024. 44
45
46
47
By: Paula G. Barlow 48
City Clerk 49
50
APPROVED: 51
52
53
54
By: Bill Gillespie, Jr. 55
Mayor 56
57
58
59
60
61
62
63
RESOLUTION BOOK 2024-A, PAGE ____ 64
RESOLUTION 1
2
[To Award Bid No. 024-011 to Stone and Sons Electrical Contractors, Inc. for the Tara Drive 3
@ McQueen Smith Road Traffic Signal at a Cost Not to Exceed $231,567.26.] 4
5
{Sponsored By: Councilor Whaley} 6
7
WHEREAS, the Engineering Department had specifications drafted for a traffic signal 8
9
at McQueen Smith Road at Tara Drive; and 10
11
WHEREAS, three (3) sealed bids were received, opened and read aloud on August 2, 12
13
2024, at 10:30 a.m. in the Council Chambers at City Hall, and Stone and Sons Electrical 14
15
Contractors, Inc. was the lowest responsible bidder at a cost of $231,567.26 for said 16
17
improvement project; and 18
19
WHEREAS, this will be a budgeted expense in Engineering. 20
21
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Prattville 22
23
hereby awards Bid No 024-011 to Stone and Sons Electrical Contractors, Inc. in an amount not 24
25
to exceed $231,567.26 for said improvement project, and said funds will be approved and 26
27
appropriated from the FY2025 Budget Line Item Capital Projects Fund/ McQueen Smith Road 28
29
Traffic Light. 30
31
BE IT FURTHER RESOLVED that the Mayor is hereby authorized to execute any and 32
33
all documents necessary to carry out the intent of this Resolution. 34
35
ADOPTED THIS 20TH DAY OF AUGUST, 2024. 36
37
38
39
By: Lora Lee Boone, President 40
Prattville City Council 41
42
AUTHENTICATED THIS 20TH DAY OF AUGUST, 2024. 43
44
45
46
By: Paula G. Barlow 47
City Clerk 48
49
APPROVED: 50
51
52
53
By: Bill Gillespie, Jr. 54
Mayor 55
56
57
58
59
60
61
62
63
RESOLUTION BOOK 2024-A, PAGE ____ 64
RESOLUTION 1
2
[To Authorize the Release of Funds for the Construction of a Restroom at Spinners Park 3
from CAMCO Properties, LLC for the Parks and Recreation Department at a Cost Not to 4
Exceed $67,990.03.] 5
6
{Sponsored By: Council President Pro Tempore Strichik} 7
8
WHEREAS, Parks and Recreation has identified a need for a restroom at Spinners Park; 9
10
and 11
12
WHEREAS, CAMCO Properties, LLC has the expertise to provide said construction 13
14
of a restroom to include a sewage pump at a cost not to exceed $67,990.03; and 15
16
WHEREAS, pursuant to §39-2-1, Code of Alabama, 1975, as amended, said 17
18
construction is a public works project; and 19
20
WHEREAS, §39-2-2, Code of Alabama, 1975, as amended, allows contracts for public 21
22
works projects under $100,000.00 to be let without bidding; and 23
24
WHEREAS, this is a budgeted expense for Parks and Recreation. 25
26
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Prattville that 27
28
funds in an amount not to exceed $67,990.03 are hereby authorized and approved to be paid 29
30
to CAMCO Properties, LLC for said construction, and funds are approved and appropriated 31
32
from FY2024 Budget Line Item Parks and Recreation/ 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 20TH DAY OF AUGUST, 2024. 39
40
41
42
By: Lora Lee Boone, President 43
Prattville City Council 44
45
AUTHENTICATED THIS 20TH DAY OF AUGUST, 2024. 46
47
48
49
By: Paula G. Barlow 50
City Clerk 51
52
APPROVED: 53
54
55
56
By: Bill Gillespie, Jr. 57
Mayor 58
59
60
61
62
63
RESOLUTION BOOK 2024-A, PAGE ____ 64
RESOLUTION 1
2
[To Authorize the Mayor to Enter into an Agreement with Seay, Seay & Litchfield, P.C. for 3
Architectural Design Services for the Vehicle Maintenance Office Building Project at a Cost 4
Not to Exceed $39,500.00.] 5
6
{Sponsored By: Councilor Merrick} 7
8
WHEREAS, a need has been identified for architectural design services for the Vehicle 9
10
Maintenance Office Building project; and 11
12
WHEREAS, Seay, Seay & Litchfield, P.C. has the expertise to provide said architectural 13
14
services at a cost not to exceed $39,500.00; and 15
16
WHEREAS, §39-2-2(d)(1), Code of Alabama, 1975, as amended, allows contracts to 17
18
secure services with architects possessing a high degree of professional skill to be let without 19
20
bidding; and 21
22
WHEREAS, this is a budgeted expense in Public Works. 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 Seay, Seay & Litchfield, P.C. 27
28
for said architectural services at a cost not to exceed $39,500.00, and funds are approved 29
30
and appropriated from FY2024 Budget Line Item Public Works/ Capital Outlay. 31
32
BE IT FURTHER RESOLVED that the Mayor is hereby authorized to execute any and 33
34
all documents necessary to carry out the intent of this Resolution. 35
36
ADOPTED THIS 20TH DAY OF AUGUST, 2024. 37
38
39
40
By: Lora Lee Boone, President 41
Prattville City Council 42
43
AUTHENTICATED THIS 20TH DAY OF AUGUST, 2024. 44
45
46
47
By: Paula G. Barlow 48
City Clerk 49
50
APPROVED: 51
52
53
54
By: Bill Gillespie, Jr. 55
Mayor 56
57
58
59
60
61
62
63
RESOLUTION BOOK 2024-A, PAGE ____ 64
RESOLUTION 1
2
[To Authorize the Reimbursement pursuant to the United States Treasury Regulation Section 3
1.150-2 for Capital Improvements.] 4
5
{Sponsored By: Council President Pro Tempore Strichik} 6
7
NOW THEREFORE BE IT RESOLVED by the City Council of the City of Prattville, 8
9
Alabama as follows: 10
11
Section 1. The City has found and determined, and does hereby find and declare as follows: 12
(a) The United States Department of the Treasury has issued final regulations 13
relating to the use of proceeds of tax-exempt obligations for the reimbursement 14
of expenditures made prior to the date of issuance of tax -exempt obligations. 15
Under the regulations, in general, if specified requirements are satisfied, then 16
proceeds used for reimbursement are deemed to be spent on the date of 17
reimbursement. If such requirements are not satisfied, then proceeds used for 18
reimbursement will remain subject to rebate, arbitrage and other rules relating to 19
tax-exemption until ultimately spent. 20
(b) The City has determined that it is in the best interests of the City, and its taxpayers 21
and citizens, to provide for the acquisition, construction and installation of certain 22
capital improvements within the corporate limits of the City as further described 23
on “Exhibit A” hereto (collectively, the “Capital Improvements”). 24
(c) In order to proceed with the acquisition, construction and installation of the 25
Capital Improvements, pending the issuance of tax-exempt obligations in a 26
maximum principal amount of $14,935,000.00, it may be necessary for the City 27
to use its own funds to pay certain expenses in connection with the Capital 28
Improvements and the financing thereof. 29
(d) If the City is required to spend its own funds on the Capital Improvements pending 30
the issuance of such tax-exempt obligations as may be required to provide long-31
term financing for such improvements, it is the City’s official intent to reimburse 32
the City for such expenditures out of proceeds of such tax-exempt obligations 33
issued in connection with the Capital Improvements by the City. 34
35
Section 2. The City hereby declares its official intent to reimburse the capital expenditures 36
made by the City from the General Fund thereof for the Capital Improvements in whole or in 37
part from the proceeds of tax-exempt obligations which may be issued hereafter by the City. 38
39
Section 3. The maximum amount for which the City could reimburse to the City’s General Fund 40
from the proceeds of such obligations will not exceed $5,000,000.00. 41
42
Section 4. The City expects any reimbursement to the City to be made on or before the later 43
of the date eighteen months after the expenditure is paid or after the property is placed in 44
service. Any expenditure to be reimbursed shall be either for engineering expenses or other 45
preliminary expenses as recognized in Section 1.150-2(f) or shall be a capital expenditure 46
properly chargeable to capital account (or would be so chargeable with a proper election such 47
as an election under Section 266) under general federal income tax principles. 48
49
Section 5. This Resolution shall not compel the City to issue the tax-exempt obligations 50
referenced herein. The issuance and sale of such obligations shall be subject to the final 51
approval and authorization thereof by the governing body of the City, including, with out 52
limitation, the approval of the purposes, use of proceeds, principal amounts, terms of maturity 53
and payment dates, interest rates, offering prices and redemption prices and terms, and costs 54
of issuance. 55
56
Section 6. All ordinances, resolutions, orders, or parts of any thereof, of the City in conflict, or 57
inconsistent, with any provision of this resolution hereby are, to the extent of such conflict or 58
inconsistency, repealed. 59
60
Section 7. This resolution shall take effect immediately. 61
62
63
64
ADOPTED THIS 20TH DAY OF AUGUST, 2024. 1
2
3
4
By: Lora Lee Boone, President 5
Prattville City Council 6
7
AUTHENTICATED THIS 20TH DAY OF AUGUST, 2024. 8
9
10
11
By: Paula G. Barlow 12
City Clerk 13
14
APPROVED: 15
16
17
18
By: Bill Gillespie, Jr. 19
Mayor 20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
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44
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48
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51
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63
RESOLUTION BOOK 2024-A, PAGE ___ 64
RESOLUTION 1
2
[To Appoint an Economic Development Director for the City of Prattville.] 3
4
{Sponsored By: Council President Boone} 5
6
WHEREAS, the City of Prattville has a need for an Economic Development 7
8
Director, and a hiring process was conducted by the City of Prattville Human Resources 9
10
Department; and 11
12
WHEREAS, the Human Resources Department recommends Amy C. Hilliard be 13
14
appointed as Economic Development Director of the City of Prattville; and 15
16
WHEREAS, this is a budgeted position in the Executive Department. 17
18
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of 19
20
Prattville, that Amy C. Hilliard is hereby appointed as Economic Development Director 21
22
of the City of Prattville effective September 23, 2024, and said appointment shall be for 23
24
the remainder of the 2020-2024 Quadrennium or until a successor is duly qualified and 25
26
appointed at Pay Grade 26-15. 27
28
BE IT FURTHER RESOLVED, that the salary for said position is approved in 29
30
accordance with the pay plans adopted by the Prattville City Council. 31
32
ADOPTED THIS 20TH DAY OF AUGUST, 2024. 33
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By: Lora Lee Boone, President 37
Prattville City Council 38
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AUTHENTICATED THIS 20TH DAY OF AUGUST, 2024. 40
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By: Paula G. Barlow 44
City Clerk 45
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APPROVED: 47
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By: Bill Gillespie, Jr. 51
Mayor 52
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RESOLUTION BOOK 2024-A, PAGE ____ 64
RESOLUTION 1
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[To Name Fire Station No. 4 in Honor of Fire Chief Terry D. Brown] 3
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{Sponsored By: Councilor Whaley and Councilor Chambers} 5
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WHEREAS, the City Council of the City of Prattville would like to name Prattville Fire 7
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Station No. 4 in honor of retiring Chief Terry D. Brown; and 9
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WHEREAS, Chief Brown began his career with the Prattville Fire Department on 11
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February 9, 1987, as a Firefighter; and 13
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WHEREAS, Chief Brown progressed through the ranks and became Sergeant/Driver 15
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Operator in 1990, Lieutenant in 1997, Captain in 2000, Division Chief and Fire Marshal in 2002, 17
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Deputy Fire Chief in 2007, and Fire Chief in 2011 and served in that capacity until retirement 19
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in 2024; and 21
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WHEREAS, the department made significant progress under his leadership and 23
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guidance and Chief Brown was instrumental in securing the land and opening the fourth fire 25
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station in Prattville. 27
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NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Prattville that 29
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Prattville Fire Station No. 4, located at 820 North Old Ridge Road, is hereby named “Terry D. 31
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Brown Fire Station” in honor of Chief Terry Brown and his over 37 years of dedicated service 33
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to the Prattville Fire Department. 35
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ADOPTED THIS 20TH DAY OF AUGUST, 2024. 37
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By: Lora Lee Boone, President 41
Prattville City Council 42
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AUTHENTICATED THIS 20TH DAY OF AUGUST, 2024. 44
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By: Paula G. Barlow 48
City Clerk 49
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APPROVED: 51
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By: Bill Gillespie, Jr. 55
Mayor 56
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RESOLUTION BOOK 2024-A, PAGE ____ 64