DRAFT CC Packet 2024.09.03
AGENDA
PRATTVILLE CITY COUNCIL
TUESDAY, SEPTEMBER 3, 2024
A PLEDGE OF ALLEGIANCE TO THE AMERICAN FLAG:
INVOCATION:
CALL TO ORDER:
THE CHARACTER TRAIT OF THE MONTH IS DILIGENCE: Focusing my effort on the work
at hand.
APPROVAL OF MINUTES: Public Hearing and City Council Meeting August 20, 2024
COMMENTS FROM PERSONS PRESENT REGARDING TONIGHT’S AGENDA:
MAYOR’S REPORT:
REPORT FROM COUNCIL ON SPECIAL COMMITTEES:
CONSENT AGENDA
1. RESOLUTION: To Grant a Restaurant Retail Liquor License to SEA Investments, LLC, d/b/a
Uncle Mick’s Cajun Cafe. {Sponsored By: Council President Pro Tempore Strichik}
2. RESOLUTION: To Authorize the Mayor to have Overgrown Grass and Weeds at 102 E.
Bonanza Drive, 121 Quail Run and 1317 Huie Street Abated and Charge Any Incurred
Expenses for the Abatement Process Pursuant to Chapter 46 et seq., City of Prattville Code of
Ordinances. {Sponsored By: Councilor Whaley}
3. RESOLUTION: To Authorize the City Attorney to Affix the Cost for the Removal of Garbage
and Rubbish at 1001 Oates Road. {Sponsored By: Council Whaley}
4. RESOLUTION: To Authorize the City Attorney to Affix the Cost for the Removal of Garbage
and Rubbish at 279 Gardner Road. {Sponsored By: Council Whaley}
5. RESOLUTION: To Declare the Stagnant Water at 115 Ivey Lane a Public Nuisance and
Authorize the Mayor to Abate and Charge Any Incurred Expenses Pursuant to Chapter 46 et
seq., City of Prattville Code of Ordinances. {Sponsored By: Councilor Whaley}
6. RESOLUTION: To Declare the Stagnant Water at 209 Caroline 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}
7. RESOLUTION: To Declare the Garbage and Rubbish at 221 10th Street a Public Nuisance
and Authorize the Mayor to Abate and Charge Any Incurred Expenses Pursuant to Chapter 46
et seq., City of Prattville Code of Ordinances. {Sponsored By: Councilor Whaley}
8. RESOLUTION: To Surplus Personal Property from the Parks and Recreation Department.
{Sponsored By: Council President Pro Tempore Strichik}
9. RESOLUTION: To Declare the Garbage and Rubbish at 231 Caroline 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}
10. RESOLUTION: To Declare the Garbage and Rubbish at 104 A Highway 82 W. a Public
Nuisance and Authorize the Mayor to Abate and Charge Any Incurred Expenses Pursuant to
Chapter 46 et seq., City of Prattville Code of Ordinances. {Sponsored By: Councilor Whaley}
11. RESOLUTION To Set a Public Hearing for a Lounge Retail Liquor - Class II (Package)
License for Bhavani 2024 Inc. d/b/a Sam’s Wine and Spirits. {Sponsored By: Councilor Whaley}
12. RESOLUTION: To Appoint Duwan Walker to the Industrial Development Board.
{Sponsored By: Council President Boone}
13. RESOLUTION: To Ratify, Affirm and Appoint Joshua A. Bingham as Interim Fire Chief of
the City of Prattville. {Sponsored By: Councilor Whaley}
14. RESOLUTION: To Grant a Retail Beer (Off Premises Only) and Retail Table Wine (Off
Premises Only) License to Bhavani 2024 Inc. d/b/a McQueen Smith Shell. {Sponsored By:
Councilor Whaley}
AGENDA
1. 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} HELD FROM AUGUST 20, 2024
2. 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} HELD FROM AUGUST 20, 2024
3. RESOLUTION: To Authorize the Release of Funds for the Purchase of One (1) APC Battery
Backup through State Contract No. MA210000000211 from APC Networking Product and
Services for the Information Technology Department at a Cost Not to Exceed $94,532.12.
{Sponsored By: Councilor Whaley}
4. RESOLUTION: To Authorize the Release of Funds for the Purchase of One (1) 30’ Olympia
Pre-Lit Tree, from The Christmas Place at a Cost Not to Exceed $27,999.20. {Sponsored By:
Council President Pro Tempore Strichik}
COMMENTS FROM PERSONS PRESENT:
CLOSING COMMENTS:
ADJOURN:
The next City Council meeting is scheduled for Tuesday, September 17, 2024.
RESOLUTION 1
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[To Grant a Restaurant Retail Liquor License to SEA Investments, LLC, d/b/a Uncle Mick’s 3
Cajun Cafe.] 4
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{Sponsored By: Council President Pro Tempore Strichik} 6
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WHEREAS, SEA Investments, LLC, d/b/a Uncle Mick’s Cajun Cafe, has applied for a 8
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Restaurant Retail Liquor License for a business located at 136/138 West Main Street, Prattville, 10
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AL 36067, which is a restaurant; and 12
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WHEREAS, a public hearing was set by Resolution Book 2024-A, Page 186, on August 14
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6, 2024, and held September 3, 2024, at 6:00 p.m., and that at such time and place all persons 16
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who desired had an opportunity to be heard in favor of or in opposition to such resolution. 18
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NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Prattville 20
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hereby approves the issuance of a Restaurant Retail Liquor License to SEA Investments, LLC, 22
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d/b/a Uncle Mick’s Cajun Cafe, for the business located at 136/138 West Main Street, Prattville, 24
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AL 36067. 26
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ADOPTED THIS 3RD DAY OF SEPTEMBER, 2024. 28
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By: Lora Lee Boone, President 32
Prattville City Council 33
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AUTHENTICATED THIS 3RD DAY OF SEPTEMBER, 2024. 35
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By: Paula G. Barlow 39
City Clerk 40
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APPROVED: 42
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By: Bill Gillespie, Jr. 46
Mayor 47
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RESOLUTION BOOK 2024-A, PAGE ___ 64
RESOLUTION 1
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[To Authorize the Mayor to have Overgrown Grass and Weeds at 102 E. Bonanza Drive, 121 3
Quail Run and 1317 Huie Street Abated and Charge Any Incurred Expenses for the 4
Abatement Process Pursuant to Chapter 46 et seq., City of Prattville Code of Ordinances.] 5
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{Sponsored By: Councilor Whaley} 7
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WHEREAS, the City Council of the City of Prattville declared in Resolution Book 2024- 9
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A, Page 189, on August 6, 2024, that the abundance of overgrown grass and weeds at 102 E. 11
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Bonanza Drive, 121 Quail Run and 1317 Huie Street constituted a public nuisance and set a 13
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Public Hearing on said nuisance; and 15
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WHEREAS, the Autauga County tax records list the property owner(s) as follows: 17
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• 102 E. Bonanza Drive – Blevins J.E. & Norene E. c/o Jack Blevins, with an address of 19
4288 N. Village Street, Buckeye, AZ, 85396, to Parcel Number 19 05 16 2 000 172.000 20
• 121 Quail Run – Moore Timothy J & Lisa N, with an address of 590 Bear Branch Road, 21
Ellerbe, NC, 28338, to Parcel Number 19 04 17 1 012 005.001 22
• 1317 Huie Street – Raynor Colby, with an address of 1317 Huie Street, Prattville, AL, 23
36066, to Parcel Number 19 02 10 4 001 043.000; and 24
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WHEREAS, notice was provided to correct, remedy or remove overgrown grass and 26
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weeds; and 28
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WHEREAS, the owner(s) of said properties have failed and/or refused to correct, 30
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remedy or remove said nuisance by the expiration of said notice; and 32
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WHEREAS, the owner(s) of said properties did not file written objections with the City 34
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Clerk’s Office within the time prescribed by City of Prattville Code of Ordinances, Section 46- 36
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114 (c); and 38
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WHEREAS, the City Council held the required Public Hearing at 6:00 p.m. on 40
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September 3, 2024, permitting the owner(s) of said property to present evidence, objections 42
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and protest regarding said nuisance; and 44
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WHEREAS, Chapter 46 et seq., City of Prattville Code of Ordinances, authorizes the 46
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City to do such work or make such improvements that are necessary to correct, remedy or 48
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remove such conditions, pay therefore and charge the expenses incurred to the owner of such 50
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property. 52
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NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Prattville 54
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declares that the overgrown grass and weeds at 102 E. Bonanza Drive, 121 Quail Run and 56
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1317 Huie Street continued to be a public nuisance at the expiration of the notice of violation. 58
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BE IT FURTHER RESOLVED that the Mayor shall have the overgrown grass and weeds 60
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at said property removed using City forces or private contractors. The property owner(s) shall 62
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have the right to remove said nuisance at their expense provided that the removal is done prior 64
to the commencement of work by employees or agents of the City of Prattville; however, this 1
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does not abolish incurred fines and expenses. 3
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BE IT FURTHER RESOLVED the Mayor shall keep an accounting of all costs related 5
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to this request and report such costs to the City Council following its abatement. 7
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ADOPTED THIS 3RD DAY OF SEPTEMBER, 2024. 9
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By: Lora Lee Boone, President 13
Prattville City Council 14
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AUTHENTICATED THIS 3RD DAY OF SEPTEMBER, 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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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
1001 Oates Road.] 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 089, on May 7, 2024, the City Council 14
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of the City of Prattville declared garbage and rubbish at 1001 Oates Road continued to be a 16
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public nuisance; and 18
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WHEREAS, the Autauga County tax records list the property owner as Landry Eleesa 20
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C, with an address of 1001 Oates Road, Prattville, AL 36066, to Parcel Number 19 05 15 2 002 22
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018.000; 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 April 1, 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 $512.14 for the removal of garbage and rubbish at 1001 Oates Road 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 3RD DAY OF SEPTEMBER, 2024. 54
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By: Lora Lee Boone, President 58
Prattville City Council 59
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AUTHENTICATED THIS 3RD DAY OF SEPTEMBER, 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
279 Gardner Road.] 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-A, Page137, on June 18, 2024, the City Council 14
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of the City of Prattville declared garbage and rubbish at 279 Gardner Road continued to be a 16
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public nuisance; and 18
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WHEREAS, the Autauga County tax records list the property owners as Colindres 20
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Yesser Jonathan Rosales & Mendoza Rosalia Marisela Henriquez, with an address of 8 22
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Mossey Lane, Millbrook, AL 36054, to Parcel Number 19 03 05 1 000 004.000; 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 owners of said property on May 16, 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 owners/operators of said property failed and/or refused to correct, 32
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remedy 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 owners/ 40
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operators 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 $311.14 for the removal of garbage and rubbish at 279 Gardner Road 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 3RD DAY OF SEPTEMBER, 2024. 54
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By: Lora Lee Boone, President 58
Prattville City Council 59
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AUTHENTICATED THIS 3RD DAY OF SEPTEMBER, 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 Declare the Stagnant Water at 115 Ivey Lane a Public Nuisance and Authorize the Mayor 3
to Abate and Charge Any Incurred Expenses Pursuant to Chapter 46 et seq., City of Prattville 4
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 115 Ivey Lane; and 15
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WHEREAS, the Autauga County tax records list the property owner as Purcell James I. 17
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& Norma, with an address of 801 Summer Lane, Prattville, AL 36066, to Parcel Number 19 06 19
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14 3 005 008.000; 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 August 4, 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 115 Ivey Lane continued to be a public nuisance 45
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at the 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 3RD DAY OF SEPTEMBER, 2024. 1
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By: Lora Lee Boone, President 5
Prattville City Council 6
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AUTHENTICATED THIS THIS 3RD DAY OF SEPTEMBER, 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 Declare the Stagnant Water at 209 Caroline 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 209 Caroline Drive; and 15
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WHEREAS, the Elmore County tax records list the property owner as Habitat for 17
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Humanity of Autauga and Chilton Counties, with an address of 120 E. 5th Street, Prattville, AL 19
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36067, to Parcel Number 26 09 30 0 003 039.000; 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 August 6, 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 209 Caroline Drive continued to be a public nuisance 45
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at the 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 3RD DAY OF SEPTEMBER, 2024. 1
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By: Lora Lee Boone, President 5
Prattville City Council 6
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AUTHENTICATED THIS THIS 3RD DAY OF SEPTEMBER, 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 Declare the Garbage and Rubbish at 221 10th Street 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, keeping garbage and rubbish: 9
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1. is injurious to the public health, safety and general welfare of the community by providing a 11
breeding ground and shelter for rats, mice, snakes, and other vermin; 12
2. may inflict injury on a person going to such property; 13
3. may also pose a fire and environmental hazard; and 14
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WHEREAS, the Prattville Police Department Code Enforcement Officer has inspected 16
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the property and determined the existence of garbage and rubbish at 221 10th Street; and 18
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WHEREAS, the Autauga County tax records list the property owner as Tres Pollitos 20
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LLC, with an address of 2481 East Coverdale Park, Montgomery, AL 36106, to Parcel Number 22
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19 02 09 2 002 017.000; 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 August 8, 2024, 28
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to correct, remedy or remove the condition of garbage and rubbish within ten (10) days; and 30
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WHEREAS, the owner of said property has failed and/or refused to correct, remedy or 32
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remove said condition by the expiration of said notice; and 34
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WHEREAS, Chapter 46 et seq., City of Prattville Code of Ordinances, permits the City 36
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Council to declare the keeping of garbage and rubbish to be a public nuisance and authorizes 38
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the City to do such work or make such improvements that are necessary to correct, remedy or 40
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remove such condition, pay therefore and charge the expenses incurred for the abatement 42
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process to the owner of such property. 44
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NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Prattville 46
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declares that the garbage and rubbish at 221 10th Street continued to be a public nuisance at 48
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the expiration of the notice of violation. 50
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BE IT FURTHER RESOLVED that the Mayor shall have the garbage and rubbish at 52
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said property removed using City forces or private contractors. The property owner shall have 54
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the right to remove said nuisance at their expense provided that the removal is done prior to 56
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the commencement of work by employees or agents of the City of Prattville; however, this does 58
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not abolish incurred expenses. 60
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BE IT FURTHER RESOLVED the Mayor shall keep an accounting of all costs related 62
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to this request and report such costs to the City Council following its abatement. 64
ADOPTED THIS 3RD DAY OF SEPTEMBER, 2024. 1
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By: Lora Lee Boone, President 5
Prattville City Council 6
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AUTHENTICATED THIS 3RD DAY OF SEPTEMBER, 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 the Parks and Recreation Department.] 3
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{Sponsored By: Council President Pro Tempore Strichik} 5
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WHEREAS, the Parks and Recreation Department has personal property which is 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 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 Parks and 19
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Recreation Department: 21
22
• 1996 Kubota L2900 Tractor (12-109) Serial # L2900F10700 23
• 2016 Toro Z Master 7000 (12-106) Serial # 74274-400627385 24
25
BE IT FURTHER RESOLVED that the City Council authorizes the Mayor to sell said 26
27
property through appropriate means and that proceeds for said property be deposited into the 28
29
General Fund. If said surplus items are determined to be of no value, the Mayor has authority 30
31
to scrap or dispose of said property for and on behalf of the City of Prattville. 32
33
ADOPTED THIS 3RD DAY OF SEPTEMBER, 2024. 34
35
36
37
By: Lora Lee Boone, President 38
Prattville City Council 39
40
AUTHENTICATED THIS 3RD DAY OF SEPTEMBER, 2024. 41
42
43
44
By: Paula G. Barlow 45
City Clerk 46
47
APPROVED: 48
49
50
51
By: Bill Gillespie, Jr. 52
Mayor 53
54
55
56
57
58
59
60
61
62
63
RESOLUTION BOOK 2024-A, PAGE ____ 64
RESOLUTION 1
2
[To Declare the Garbage and Rubbish at 231 Caroline Drive a Public Nuisance and Authorize 3
the Mayor to Abate and Charge Any Incurred Expenses Pursuant to Chapter 46 et seq., City 4
of Prattville Code of Ordinances.] 5
6
{Sponsored By: Councilor Whaley} 7
8
WHEREAS, keeping garbage and rubbish: 9
10
1. is injurious to the public health, safety and general welfare of the community by providing a 11
breeding ground and shelter for rats, mice, snakes, and other vermin; 12
2. may inflict injury on a person going to such property; 13
3. may also pose a fire and environmental hazard; and 14
15
WHEREAS, the Prattville Police Department Code Enforcement Officer has inspected 16
17
the property and determined the existence of garbage and rubbish at 231 Caroline Drive; and 18
19
WHEREAS, the Elmore County tax records list the property owner as Reuter Clint, with 20
21
an address of 4426 Fig Avenue, Lanchester, CA 93534, to Parcel Number 26 09 30 0 003 22
23
044.000; and 24
25
WHEREAS, in compliance with Section 46-31, City of Prattville Code of Ordinances, the 26
27
Code Enforcement Officer gave written notice to the owner of said property on August 3, 2024, 28
29
to correct, remedy or remove the condition of garbage and rubbish within ten (10) days; and 30
31
WHEREAS, the owner of said property has failed and/or refused to correct, remedy or 32
33
remove said condition by the expiration of said notice; and 34
35
WHEREAS, Chapter 46 et seq., City of Prattville Code of Ordinances, permits the City 36
37
Council to declare the keeping of garbage and rubbish to be a public nuisance and authorizes 38
39
the City to do such work or make such improvements that are necessary to correct, remedy or 40
41
remove such condition, pay therefore and charge the expenses incurred for the abatement 42
43
process to the owner of such property. 44
45
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Prattville 46
47
declares that the garbage and rubbish at 231 Caroline Drive continued to be a public nuisance 48
49
at the expiration of the notice of violation. 50
51
BE IT FURTHER RESOLVED that the Mayor shall have the garbage and rubbish at 52
53
said property removed using City forces or private contractors. The property owner shall have 54
55
the right to remove said nuisance at their expense provided that the removal is done prior to 56
57
the commencement of work by employees or agents of the City of Prattville; however, this does 58
59
not abolish incurred expenses. 60
61
BE IT FURTHER RESOLVED the Mayor shall keep an accounting of all costs related 62
63
to this request and report such costs to the City Council following its abatement. 64
ADOPTED THIS 3RD DAY OF SEPTEMBER, 2024. 1
2
3
4
By: Lora Lee Boone, President 5
Prattville City Council 6
7
AUTHENTICATED THIS 3RD DAY OF SEPTEMBER, 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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45
46
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48
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50
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52
53
54
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59
60
61
62
63
RESOLUTION BOOK 2024-A, PAGE ___ 64
RESOLUTION 1
2
[To Declare the Garbage and Rubbish at 104 A Highway 82 W. a Public Nuisance and 3
Authorize the Mayor to Abate and Charge Any Incurred Expenses Pursuant to Chapter 46 et 4
seq., City of Prattville Code of Ordinances.] 5
6
{Sponsored By: Councilor Whaley} 7
8
WHEREAS, keeping garbage and rubbish: 9
10
1. is injurious to the public health, safety and general welfare of the community by providing a 11
breeding ground and shelter for rats, mice, snakes, and other vermin; 12
2. may inflict injury on a person going to such property; 13
3. may also pose a fire and environmental hazard; and 14
15
WHEREAS, the Prattville Police Department Code Enforcement Officer has inspected 16
17
the property and determined the existence of garbage and rubbish at 104 A Highway 82 W.; 18
19
and 20
21
WHEREAS, the Autauga County tax records list the property owner as Spirit Master 22
23
Funding X LLC c/o Spirit Realty LP, with an address of 2727 N Hardwood, Suite 300, Dallas, 24
25
TX 75201, to Parcel Number 19 04 20 1 005 021.001; and 26
27
WHEREAS, in compliance with Section 46-31, City of Prattville Code of Ordinances, the 28
29
Code Enforcement Officer gave written notice to the owner of said property on July 23, 2024, 30
31
to correct, remedy or remove the condition of garbage and rubbish within ten (10) days; and 32
33
WHEREAS, the owner of said property has failed and/or refused to correct, remedy or 34
35
remove said condition by the expiration of said notice; and 36
37
WHEREAS, Chapter 46 et seq., City of Prattville Code of Ordinances, permits the City 38
39
Council to declare the keeping of garbage and rubbish to be a public nuisance and authorizes 40
41
the City to do such work or make such improvements that are necessary to correct, remedy or 42
43
remove such condition, pay therefore and charge the expenses incurred for the abatement 44
45
process to the owner of such property. 46
47
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Prattville 48
49
declares that the garbage and rubbish at 104 A Highway 82 W. continued to be a public 50
51
nuisance at the expiration of the notice of violation. 52
53
BE IT FURTHER RESOLVED that the Mayor shall have the garbage and rubbish at 54
55
said property removed using City forces or private contractors. The property owner shall have 56
57
the right to remove said nuisance at their expense provided that the removal is done prior to 58
59
the commencement of work by employees or agents of the City of Prattville; however, this does 60
61
not abolish incurred expenses. 62
63
BE IT FURTHER RESOLVED the Mayor shall keep an accounting of all costs related 64
to this request and report such costs to the City Council following its abatement. 1
2
ADOPTED THIS 3RD DAY OF SEPTEMBER, 2024. 3
4
5
6
By: Lora Lee Boone, President 7
Prattville City Council 8
9
AUTHENTICATED THIS 3RD DAY OF SEPTEMBER, 2024. 10
11
12
13
By: Paula G. Barlow 14
City Clerk 15
16
APPROVED: 17
18
19
20
By: Bill Gillespie, Jr. 21
Mayor 22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
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48
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50
51
52
53
54
55
56
57
58
59
60
61
62
63
RESOLUTION BOOK 2024-A, PAGE ___ 64
RESOLUTION 1
2
[To Set a Public Hearing for a Lounge Retail Liquor - Class II (Package) License for Bhavani 3
2024 Inc. d/b/a Sam’s Wine and Spirits.] 4
5
{Sponsored By: Councilor Whaley} 6
7
WHEREAS, on January 1, 1997, the City of Prattville adopted Ordinance Book 97, Page 8
9
002, for the purpose of setting public hearings to allow public comment for licenses, including 10
11
Lounge Retail Liquor – Class II (Package) Licenses; and 12
13
WHEREAS, Bhavani 2024 Inc. d/b/a Sam’s Wine and Spirits located at 681 McQueen 14
15
Smith Road, Prattville, AL 36066, has made application for said license. 16
17
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Prattville 18
19
hereby sets a Public Hearing at 6:00 p.m. on October 1, 2024, in the Council Chambers at City 20
21
Hall for said license application. 22
23
ADOPTED THIS 3RD DAY OF SEPTEMBER, 2024. 24
25
26
27
By: Lora Lee Boone, President 28
Prattville City Council 29
30
AUTHENTICATED THIS THIS 3RD DAY OF SEPTEMBER, 2024. 31
32
33
34
By: Paula G. Barlow 35
City Clerk 36
37
APPROVED: 38
39
40
41
By: Bill Gillespie, Jr. 42
Mayor 43
44
45
46
47
48
49
50
51
52
53
54
55
56
57
58
59
60
61
62
63
RESOLUTION BOOK 2024-A, PAGE ___ 64
RESOLUTION 1
2
[To Appoint Duwan Walker to the Industrial Development Board.] 3
4
{Sponsored By: Council President Boone} 5
6
WHEREAS, a vacancy currently exists on the Industrial Development Board due to 7
8
the resignation of Carol W. Pearson on May 21, 2024; and 9
10
WHEREAS, it is the desire of the City Council of the City of Prattville to fill said vacancy 11
12
to ensure the continuity of the Board’s operation. 13
14
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Prattville that 15
16
Duwan Walker is hereby appointed to fill the vacancy on the Industrial Development Board 17
18
effective immediately, and said term shall expire on February 17, 2025, or until a successor is 19
20
duly qualified and appointed. 21
22
ADOPTED THIS 3RD DAY OF SEPTEMBER, 2024. 23
24
25
26
By: Lora Lee Boone, President 27
Prattville City Council 28
29
AUTHENTICATED THIS 3RD DAY OF SEPTEMBER, 2024. 30
31
32
33
By: Paula G. Barlow 34
City Clerk 35
36
APPROVED: 37
38
39
40
By: Bill Gillespie, Jr. 41
Mayor 42
43
44
45
46
47
48
49
50
51
52
53
54
55
56
57
58
59
60
61
62
63
RESOLUTION BOOK 2024-A, PAGE _____ 64
RESOLUTION 1
2
[To Ratify, Affirm and Appoint Joshua A. Bingham as Interim Fire Chief of the City of 3
Prattville.] 4
5
{Sponsored By: Councilor Whaley} 6
7
WHEREAS, City of Prattville Fire Chief Terry Brown retired effective September 1, 8
9
2024; and 10
11
WHEREAS, the Fire Chief position has been appointed through September 30, 2024, 12
13
or until a successor is duly qualified and appointed; and 14
15
WHEREAS, Deputy Fire Chief Joshua A. Bingham has the knowledge, skills and 16
17
abilities to perform the required duties as Interim Fire Chief. 18
19
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Prattville 20
21
hereby ratifies and affirms the appointment of Joshua A. Bingham as Interim Fire Chief 22
23
effective September 1, 2024, at Pay Grade 26-2. 24
25
ADOPTED THIS 3RD DAY OF SEPTEMBER, 2024. 26
27
28
29
By: Lora Lee Boone, President 30
Prattville City Council 31
32
AUTHENTICATED THIS 3RD DAY OF SEPTEMBER, 2024. 33
34
35
36
By: Paula G. Barlow 37
City Clerk 38
39
APPROVED: 40
41
42
43
By: Bill Gillespie, Jr. 44
Mayor 45
46
47
48
49
50
51
52
53
54
55
56
57
58
59
60
61
62
63
RESOLUTION BOOK 2024-A, PAGE ____ 64
RESOLUTION 1
2
[To Grant a Retail Beer (Off Premises Only) and Retail Table Wine (Off Premises Only) 3
License to Bhavani 2024 Inc. d/b/a McQueen Smith Shell.] 4
5
{Sponsored By: Councilor Whaley} 6
7
WHEREAS, Bhavani 2024 Inc. d/b/a McQueen Smith Shell owns a business located at 8
9
691 McQueen Smith Road, Prattville, AL 36066, which is a convenience store and gas 10
11
station; and 12
13
WHEREAS, said business has applied for a Retail Beer (Off Premises Only) and Retail 14
15
Table Wine (Off Premises Only) license. 16
17
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Prattville 18
19
hereby approves the issuance of a Retail Beer (Off Premises Only) and Retail Table Wine (Off 20
21
Premises Only) license at the business located at 691 McQueen Smith Road, Prattville, AL 22
23
36066, to Bhavani 2024 Inc. d/b/a McQueen Smith Shell. 24
25
ADOPTED THIS 3RD DAY OF SEPTEMBER, 2024. 26
27
28
29
By: Lora Lee Boone, President 30
Prattville City Council 31
32
AUTHENTICATED THIS THIS 3RD DAY OF SEPTEMBER, 2024. 33
34
35
36
By: Paula G. Barlow 37
City Clerk 38
39
APPROVED: 40
41
42
43
By: Bill Gillespie, Jr. 44
Mayor 45
46
47
48
49
50
51
52
53
54
55
56
57
58
59
60
61
62
63
RESOLUTION BOOK 2024-A, PAGE ___ 64
ORDINANCE 1
HELD FROM AUGUST 20, 2024 2
3
[To Grant a Franchise Agreement to Telepak Networks, Inc. d/b/a C Spire and Its Affiliates 4
(collectively, “C Spire”) to Construct, Operate and Maintain a Telecommunications System in 5
the City of Prattville and Set Forth the Conditions Accompanying the Grant of the Franchise.] 6
7
{Sponsored By: Councilor Chambers} 8
9
WHEREAS, the City is the owner of certain rights-of-way located along streets 10
11
maintained by and under the control of the City (the “Rights-of-Way”), and the City is authorized 12
13
to grant corporations the non-exclusive right to construct, operate, and maintain a 14
15
Telecommunications System within the City; and 16
17
WHEREAS, C Spire is qualified to do business in the State of Alabama, has been 18
19
granted a Certificate to provide utility services in the State of Alabama by the Alabama Public 20
21
Service Commission and desires to provide Telecommunications Services and Video Services 22
23
within the City; and 24
25
WHEREAS, the City and C Spire desire to enter into this Agreement concerning the 26
27
installation and maintenance of a Telecommunications System within the City’s Rights-of-Way, 28
29
and certain other matters more fully contained herein. 30
31
BE IT ORDAINED by the City Council of the City of Prattville, Alabama, as follows: In 32
33
consideration of the mutual covenants and agreements contained herein, and for other good 34
35
and valuable consideration, the receipt and sufficiency of all of which are hereby 36
37
acknowledged, the Parties hereto do hereby agree as follows: 38
39
1. Definitions. For the purpose of this Agreement, the following terms, phrase, words, 40
and abbreviations shall have the following meanings: 41
42
(a) “Affiliates” means an entity which, owns or controls, is owned or controlled by, or is 43
under common ownership with Telepak Networks, Inc. d/b/a C Spire. 44
(b) ‘‘Agreement Date” means _________________ ______, 2024. 45
(c) “Basic Video Services Tier” means the Video Services tier which includes the 46
retransmission of local television broadcast signals, and which is also the tier to which 47
the largest number of Subscribers are currently purchasing. 48
(d) “C Spire” means Telepak Networks, Inc. d/b/a C Spire and its Affiliates or its agents, 49
lawful successors, transferees, or assigns. 50
(e) “City” means the City of Prattville, Alabama. 51
(f) “City Council” means the City Council of Prattville, Alabama. 52
(g) “Facilities” means all fiber optic wires, conduit, poles, wires, telecommunications, 53
amplifiers, electronics, transmission and reception equipment, pedestals, towers, 54
dishes, supporting hardware, and related equipment and fixtures necessary and 55
desirable to construct and maintain the Telecommunications System and to provide 56
Services under this Agreement. 57
(h) “FCC” means the Federal Communications Commission. 58
(i) “Gross Revenues” means any revenue derived by C Spire from the operation of the 59
Telecommunications System to provide Telecommunications Services and/or Video 60
Services to Subscribers within the City, adjusted for non-payment. Gross Revenues 61
shall include (i) Video Services fees for any of C Spire’s Video Services or Video 62
Services Tiers and (ii) Telecommunications Services fees for C Spire’s local calling plan 63
offering. Gross Revenues shall also include (i) recurring charges for Video Services, 1
including late fees; (ii) event based charges for Video Services, including pay-per-view 2
and video-on-demand charges; (iii) monthly recurring charges for the rental of Video 3
Services equipment and Video Services accessories; (iv) customer service charges 4
related to the provision of Video Services, including activation, home installation, and 5
repair; (v) advertising revenue and home shopping commissions; and (vi) administrative 6
charges related to the provision of Video Services, including service order and service 7
termination charges. Gross Revenues shall not include (i) any taxes on Services 8
furnished by C Spire by any municipality, State, or other governmental unit and collected 9
by C Spire for such governmental unit; (ii) amounts passed back to the Subscribers 10
through retail discounts, refunds, rebates or other direct promotions; (iii) non-collectible 11
amounts due C Spire or its customers after commercially reasonable efforts are made 12
to collect; (iv) non-operating revenues such as interest income or gain from the sale of 13
an asset; (v) site acquisition, construction management or supervision fees related to or 14
incurred in support of the installation of the Facilities; (vi) contributions of capital by any 15
third party to reimburse C Spire in whole or in part for the installation of the Facilities; 16
(vii) revenues from the sale or lease of customer premise equipment and/or accessories 17
unrelated to Video Services; (ix) charges for Other Services that are aggregated and 18
bundled with amounts billed to Subscribers; and/or (x) other charges unrelated to Video 19
Services or Telecommunications Services that are aggregated or bundled with amounts 20
billed to Subscribers. 21
(j) “Other Services” means services lawfully provided by C Spire within the City in 22
addition to Telecommunications Service and Video Services, including, without 23
limitation, broadband services, private network services, internet access services, voice 24
mail, call waiting, call forwarding, and distance learning services. 25
(k) “PEG Access” means the public, educational and governmental access to a channel 26
on the Telecommunications System dedicated by C Spire to the City under this 27
Agreement. 28
(l) “Person” means an individual, partnership, association, joint stock company, trust, 29
corporation, limited liability company, or governmental entity. 30
(m) “Public Way” means the area on, below, or above any real property in the City in 31
which the City has an interest, including, but not limited to, any street, road, highway, 32
alley, sidewalk, parkway, park, skyway, or any other place, area, or real property owned 33
by or under the control of the City, including other dedicated Rights-of-Way for travel 34
purposes and utility easements. 35
(n) “Services” collectively refers to Telecommunications Services, Other Services, and 36
Video Services to be offered by C Spire, at its discretion, in the City, but does not 37
necessarily include all or any of such services. 38
(o) “Subscribers” means a Person who lawfully receives Services with C Spire’s express 39
permission within the City. 40
(p) “Telecommunications” means the transmission, between or among points specified 41
by the user, of information of the user’s choosing, without change in the form or content 42
of the information as sent and received. 43
(q) “Telecommunications Service” means the offering of Telecommunications for a fee 44
directly to the public, or to such classes of users as to be effectively available directly to 45
the public, regardless of facilities used. 46
(r) “Telecommunications System” means C Spire’s Facilities, consisting of a set of 47
closed transmission fiber optic paths and associated signal generation, reception, and 48
control equipment or other communication equipment that is designed to provide 49
Services to Subscribers. 50
(s) “Video Services” means the one-way transmission to Subscribers in their residence 51
or commercial premises within the City of video programming (programming provided 52
by, or generally considered comparable to programming provided by, a television 53
broadcast station) or other programming services typically provided by a Multi-channel 54
Video Programming Distributor (“MVPD”) and made available to all Subscribers within 55
the City generally, but not to include over-the-top services such as Hulu, Netflix or Sling. 56
57
2. Grant. The City grants to C Spire a non-exclusive right and license to construct and 58
operate a Telecommunications System in the Rights-of-Way and a non-exclusive franchise to 59
provide Services to Subscribers located within the City. Subject to the terms of this Agreement 60
and applicable law, C Spire may erect, install, construct, operate, maintain, repair, replace, 61
expand, and reconstruct its Telecommunications System in any Rights-of-Way. 62
63
3. Term. The license granted under this Agreement shall be for an initial term of ten (10) 1
years from the Agreement Date, unless otherwise lawfully terminated (the “Initial Term”). At the 2
end of the Initial Term this Agreement shall automatically renew for two (2) consecutive periods 3
of ten (10) years (each a “Renewal Term”) unless C Spire gives the City notice of its intention 4
not to renew at least six (6) months prior to the Initial Term or any Renewal Term. The Initial 5
Term and any Renewal Term(s) are sometimes collectively referred to herein as the “Term.” At 6
the end of the Term either Party may commence negotiations for a renewal of the franchise by 7
giving the other Party written notice not more than two (2) years prior to the end of the Term. 8
4. Installation of Facilities. C Spire shall not install any new Facilities in any Public 9
Way without having received a permit from the City. C Spire shall install all Facilities so as 10
to minimize interference with the proper use of Public Ways, public utilities, and with the 11
rights and reasonable convenience of the City and property owners whose property adjoins 12
any Public Ways. C Spire agrees to the following conditions, limitations, and restrictions 13
related to the installation of its Facilities in, on or through any portion of the Rights-of-Way: 14
(a) C Spire shall hold a pre-construction meeting with the City at least ten (10) days prior 15
to beginning any construction to advise the City of its planned activities. 16
(b) C Spire agrees to supply the City with digital drawings of construction plans ten (10) 17
days prior to construction and digital as-built drawings within six (6) months of the 18
completion of any construction. Final drawings will be supplied in Autocad 2000 using 19
NAD 83 coordinates, GIS format, or such other digital formats as are reasonably 20
acceptable to the Parties. 21
(c) C Spire agrees to “white-line” its path for planned construction for the day of 22
construction. 23
(d) C Spire lines, where feasible, shall have at least a forty-eight (48) inch separation 24
vertically and where feasible at least thirty (30) inch separation horizontally from all City 25
utility lines, including gas lines, water lines and sewer lines. 26
(e) C Spire agrees, where feasible, to stay three (3) feet away, measured horizontally, 27
from power poles unless it is utilizing such poles pursuant to a pole attachment 28
arrangement. 29
(f) C Spire or C Spire’s contractor will request locates and the City shall provide locates 30
of its facilities as required by Alabama’s 811 law and regulations. C Spire will not locate 31
the City’s utility lines or those of any third party physically or on maps or drawings. C 32
Spire hand hole and clean-up crews will set hand holes and complete clean-up for each 33
section within two (2) to three (3) work days after placement of conduit, weather 34
permitting. 35
(g) C Spire shall clear the streets of any drill mud, debris and other obstructions that 36
accumulate as a result of C Spire’s construction activities and will not permit its activities 37
to create a hazard to any persons or property. In the event that any such drill mud, debris 38
or other obstruction caused by C Spire’s activities encroaches upon the street, C Spire 39
shall take immediate corrective action to remove the same. 40
(h) If streets and other Public Ways are damaged by C Spire, its employees, agents or 41
contractors in installation or subsequent maintenance and repair of its Facilities, C Spire, 42
upon written notice from the City and at C Spire’s sole expense, shall promptly and 43
without delay repair and restore such streets or Public Ways to the same or better 44
condition than such streets or Public Ways were in prior to such damage, and to the 45
reasonable satisfaction of the City. 46
(i) C Spire shall contact affected property owners to discuss any repairs, dress-up or 47
clean-up of such owners’ property necessitated by the installation of C Spire’s fiber optic 48
cable, and shall perform any necessary repair, dress-up or clean-up to such property at 49
C Spire’s sole expense. 50
(j) At all times during and after the installation of fiber optic lines, C Spire shall respond 51
to all emergency locates to locate its fiber optic lines as required by Alabama’s 811 law 52
and regulations. 53
(k) At all times, C Spire shall be responsible for safety at, about and around its work and 54
shall, at its sole expense, provide safe and adequate traffic control when necessary and 55
at its own expense provide full and complete warnings to safeguard the public and to 56
prevent injury or damage, including, but not limited to, any and all signage, cones, 57
markings, lighting and otherwise deemed, in the sole discretion of C Spire, to be 58
adequate and C Spire shall assume all liability for any injury or damage in any way 59
related directly, or indirectly to the provision or non-provision or inadequate provision of 60
such controls, warnings, etc., and shall, at its sole expense, defend the City any and all 1
actions in any way related to any injury or damage claimed to be the result of 2
inadequacies in traffic control, warnings, or otherwise. 3
(l) C Spire shall have the authority to trim trees and natural growth on the Rights-of-Way 4
which may affect its Telecommunications System in the City to prevent interference with 5
C Spire’s Facilities in accordance with the City ordinance regarding tree cutting and 6
removal. 7
(m) C Spire shall, on the request of any Person holding a permit to move a building 8
temporarily raise or lower its aerial Facilities, if any, to facilitate the moving of such 9
buildings. The expense of such temporary removal or raising or lowering of such aerial 10
Facilities shall be paid by the Person requesting the same, and C Spire shall have the 11
authority to require such payment in advance. C Spire shall be given at least sixty (60) 12
days’ advance notice to arrange such temporary aerial Facility alterations. 13
(n) The City shall not charge C Spire any permitting fees of any kind during the Term. 14
(o) The decision of when and where to construct its Facilities is solely within the 15
discretion of C Spire as is the determination of what Services to provide and where to 16
provide them within the City during the Term. 17
18
Throughout the Term of this Agreement, provided C Spire complies with the foregoing 19
requirements, C Spire shall be entitled to expand and upgrade its Telecommunications System 20
as it deems reasonably necessary. 21
5. Relocation of Facilities. Whenever the City shall grade, regrade, or change the line 22
of any street or Public Way or construct or reconstruct any sewer or water system therein and 23
shall, with due regard to reasonable working conditions, order C Spire to relocate or protect its 24
Facilities located in said street or Public Way, C Spire shall relocate or protect its Facilities at 25
its own expense; provided, however, if the City compensates any Person for similar work then 26
C Spire shall be similarly compensated. Further, where the City has determined that the 27
location of C Spire’s Facilities is unsafe, interferes with traffic control devices, or otherwise may 28
be harmful to the public health, safety, and welfare as determined in the reasonable judgment 29
of the City, C Spire shall move such Facilities to an alternate location as directed by the City. 30
The City shall give C Spire reasonable notice of plans to grade or change the line of any street 31
or Public Way or to construct or reconstruct any sewer or water system therein or of any 32
demand that the Facilities be relocated for the reasons set forth herein. C Spire may also be 33
required to relocate its Facilities where public utilities or other users of the Public Way require 34
access; provided, however, that nothing herein shall be construed as a waiver of C Spire’s 35
rights under applicable law. Any such movement shall be at the expense of the third party. With 36
respect to location of its existing public utility lines, the City agrees that during the period of C 37
Spire’s installation of fiber optic lines pursuant to this Agreement, the City will locate all City 38
public utility lines as required by Alabama’s 811 laws. It shall be the duty of C Spire or its 39
contractor(s) to request the City to locate the public utility lines. 40
6. Damage to Existing Utilities. C Spire hereby agrees that (a) during the installation 41
process, and (b) at any time after such installation, C Spire will immediately notify the 42
appropriate utility provider in the event that C Spire, or any of its related entities, employees, 43
agents, or contractors damages a utility line, including private service lines. Provided that the 44
party owning the lines has complied with Alabama’s 811 law and regulations, then any repairs 45
to such utility lines and private service lines must be made immediately, and at C Spire’s sole 46
expense, and shall only be made by appropriately licensed and bonded contractors. 47
7. Compliance with Codes. All construction, installation, maintenance, and operation 48
of the Telecommunications System or of any Facilities employed in connection therewith shall 49
comply with the provisions of the National Electrical Safety Code as prepared by the National 50
Bureau of Standards, the National Electrical Code of the National Council of Fire Underwriters, 51
any standards issued by other federal or state regulatory agencies in relation thereto, and local 52
zoning regulations. C Spire shall comply with ordinances, rules, and regulations established by 53
the City pursuant to the lawful exercise of its police powers and generally applicable to all users 54
of the Public Way. To the extent that local ordinances, rules, or regulations clearly conflict with 55
the terms and conditions of this Agreement, the terms and conditions of this Agreement shall 56
prevail. The City reserves the right to lawfully exercise its police powers. C Spire will comply 57
with the FCC customer service standards set forth under 47 C.F.R. 76.309(c)(l), (2)(ii)-(v), (3)-58
(4). The City acknowledges that due to the nature of the equipment and underground fiber 59
installation practices of C Spire which differ substantially from those of traditional cable 60
television service providers, compliance with 47 C.F.R. 76.309(c)(2)(i) is not practicable or 1
required. 2
8. Indemnity to City. At all times both during and after installation, so long as C Spire’s 3
Telecommunications System is located upon any portion of the City’s Rights-of-Way, C Spire 4
covenants, warrants and agrees to indemnify and hold harmless the City, its officers, 5
employees, agents and contractors, of and from any and all suits, damages, claims, liabilities, 6
losses and expenses, including reasonable attorneys’ fees, directly or indirectly arising from or 7
related to: (a) the installation, operation, repair or maintenance by any Person of C Spire’s 8
Telecommunications System within the City; (b) provided that the City has complied with 9
Alabama’s 81l law and regulations, any injury, loss or damage to the City’s utility lines arising 10
from or related to the installation, operation, repair or maintenance of C Spire’s 11
Telecommunications System; and (c) provided that the private service line owner has complied 12
with Alabama’s 811 law and regulations, any injury, loss or damage to private service lines 13
arising from or related to the installation, operation, repair or maintenance of C Spire’s 14
Telecommunications System. Without the intent of limiting any of the foregoing, it is agreed 15
that C Spire shall indemnify and hold harmless the City, its officers, officials, employees, agents 16
and contractors of and from any and all claims for personal injury, wrongful death, property 17
damage, or otherwise alleged to be directly or indirectly attributable, in whole or in part, to the 18
acts or omissions of C Spire or its officers, employees, agents, or contractors in connection 19
with the subject of this Agreement, which indemnity shall be at the sole expense of C Spire, 20
including the obligation to pay any and all sums required, including any settlement, judgment, 21
attorneys’ fees, court costs, or otherwise. In the event the City believes it has a claim subject 22
to indemnification it must promptly give C Spire written notice of such claim. Within sixty (60) 23
days of its receipt of written notice of the City’s claim, C Spire shall notify the City in writing 24
whether it will defend such claim. If C Spire assumes the defense of such claim, it shall be 25
entitled to defend the claim in any manner it sees fit including settlement, provided no 26
settlement imposes liability on the City without the City’s prior written consent. 27
9. Franchise Fee. 28
(a) Franchise Fee. When and if C Spire provides local Telecommunications Services to 29
Subscribers within the City, C Spire shall pay the City a franchise fee equal to (i) five 30
percent (5%) of the monthly service charge revenue from sales of local 31
Telecommunications Services to Subscribers located within the City, and (ii) when and 32
if C Spire provides Video Services to Subscribers located within the City, a video 33
services franchise fee equal to the lesser of: (A) five percent (5%) of Gross Revenues 34
received by C Spire from sale of the Video Services to Subscribers within the City; and 35
(B) the lowest percentage payable by a third party provider of Video Services to 36
Subscribers within the City (collectively, the “Franchise Fee”). The payment of the 37
Franchise Fee shall be made on a quarterly basis and shall be due and payable no later 38
than forty-five (45) days after the last day of each March, June, September, and 39
December throughout the Term of this Agreement. Each Franchise Fee payment shall 40
be accompanied by a certified report from a representative of C Spire, which shows the 41
basis for the computation of all monthly service charge revenue from providing local 42
Telecommunications Services and Gross Revenues received by C Spire from sale of 43
the Video Services to Subscribers located within the City limits during the period for 44
which such Franchise Fee payment is made. If the Franchise Fee payment is not 45
actually received by the City on or before the applicable due date set forth in this Section, 46
interest shall accrue on the outstanding amount at the lesser of one percent (1%) per 47
month or the highest rate allowed under Alabama law for the period of delinquency. 48
(b) Discounted Rates. If C Spire Subscribers are offered what is, in effect, a discount for 49
“bundled” services (i.e., Subscribers obtain Video Services and some other non-Video 50
goods or service) then for the purpose of calculating Gross Revenues, the discount shall 51
be applied proportionately to Video and non-Video goods and services, in accordance 52
with the following example: 53
54
Assume a Subscriber’s charge for a given month of Video Service alone would be $40, 55
for local telephone service alone would be $30, and for high speed internet service alone 56
would be $30, for a total of $100. In fact, the three (3) services are offered in effect at a 57
combined rate where the Subscriber receives what amounts to a twenty percent (20%) 58
discount from the rates that would apply to a service if purchased individually (i.e., $80 59
per month for all three (3) services). The discount (here, $20) for Gross Revenue 60
computation purposes would be applied pro rata so that the Gross Revenue for Video 1
Service are deemed to be $32 ($40 less twenty percent (20%) of $40). The result would 2
be the same if the Subscriber received a $20 discount on telephone service on the 3
condition that he or she also subscribes to Video Service at standard rates. 4
5
In no event shall C Spire be permitted to evade or reduce applicable Franchise Fee 6
payments required to be made to the City due to discounted bundled services. 7
(c) Audit. During the Term of this Agreement, once every twelve (12) months and upon 8
reasonable prior written notice, during normal business hours, the City shall have the 9
right to inspect C Spire’s financial records used to calculate the City’s Franchise Fee, 10
and the right to audit and to re-compute any amounts determined to be payable under 11
this Section at the City’s expense; provided, however, that any such audit shall take 12
place within three (3) years from the date the City received such payment, after which 13
period any such payment shall be considered final. If the City believes it is owed any 14
additional compensation from C Spire, it will give C Spire notice of same along with a 15
calculation of the additional amount. The Parties shall work together in good faith to 16
resolve the matter. Any additional amounts due to either Party shall be promptly paid 17
within thirty (30) days following resolution of the payment dispute. 18
10. Public, Education and Government Access Channel. 19
(a) PEG Access Channel. At any time after C Spire begins to offer Video Services on a 20
commercial basis to Subscribers within the City, the City may request C Spire to provide 21
the City one (1) video channel for non-commercial PEG Access use. C Spire shall 22
provide the PEG Access channel within one hundred and eighty (180) days of the City’s 23
request. 24
(b) Regulation of PEG Access Channel. The City shall establish reasonable regulations 25
governing use by the public of the PEG Access channel and the content broadcast over 26
the channel. C Spire shall have the right to prohibit the broadcast of inappropriate or 27
illegal programming over the channel in its sole reasonable discretion and in accordance 28
with applicable law. The City shall be solely responsible for all costs, expenses, and 29
equipment necessary for and related to producing or transmitting content over the PEG 30
Access channel. C Spire shall have no obligation, financial or otherwise, other than the 31
obligation to provide access to one video channel for non-commercial PEG Access use. 32
(c) Return of PEG Access Capacity to C Spire. In the event that unused capacity exists 33
on the PEG Access channel, C Spire may request the City to return that capacity to C 34
Spire for C Spire’s use. The City shall not unreasonably deny such request. 35
11. Liability Insurance. At all times, C Spire shall maintain, at its own cost and 36
expense, a general liability policy in the minimum amount of $1,000,000.00 per occurrence and 37
$2,000,000 general aggregate limit for bodily injury and property damage. Such policy or 38
policies shall designate the City as an additional insured and shall be non-cancellable except 39
upon thirty (30) days’ prior written notice to the City. The City shall be provided with a certificate 40
of such coverage upon request by the City. C Spire also currently maintains umbrella liability 41
policies of at least $10,000,000 in aggregate. In addition, C Spire shall secure any and all other 42
insurance as C Spire, in its sole discretion, deems appropriate. Nothing in this Section is 43
intended to be a waiver of the City’s immunity under State-agent immunity. 44
12. Books and Records. Throughout the Term of this Agreement, C Spire agrees to 45
keep such books and records regarding the operation of the Telecommunications System and 46
the provision of Telecommunications Services in the City as are reasonably necessary to 47
ensure C Spire’s compliance with the terms and conditions of this Agreement. Such books and 48
records shall include, without limitation, any records required to be kept in a public inspection 49
file by C Spire pursuant to the rules and regulations of the FCC. All such documents pertaining 50
to financial matters, which may be the subject of an audit by the City shall be retained by C 51
Spire for a minimum period of three (3) years; provided it is understood that C Spire only retains 52
call records for eighteen (18) months. 53
13. Transfer of Ownership or Control. 54
(a) C Spire shall not transfer this Agreement or any of C Spire’s rights or obligations in 55
or regarding the Agreement without the prior written consent of the City. No such 56
consent shall be required, however, for (i) a transfer in trust, by mortgage, 57
hypothecation, or by assignment of any rights, title, or interest of C Spire in the 58
Agreement or in the Telecommunications System in order to secure indebtedness; (ii) a 59
transfer to any Affiliate of C Spire; or (iii) a transfer to any Person purchasing all or 1
substantially all of the assets or common stock of C Spire. 2
(b) C Spire shall give the City prior written notice of any impending transfer of Control of 3
C Spire or its assets under Sections 12 (a)(ii) or(iii) above. Furthermore, C Spire shall 4
ensure that the Person to whom Control of C Spire or its assets is transferred is 5
authorized by the applicable state or federal authority to occupy the Public Ways 6
pursuant to this Agreement and assumes in writing all of the obligations of C Spire under 7
this Agreement effective as of the date of the transfer of Control or sale. C Spire shall 8
provide the City with a copy of such assignment instrument upon request by the City. 9
The transfer of ownership or Control pursuant to this Section shall not be deemed to 10
waive any rights of the City to subsequently enforce non-compliance issues relating to 11
this Agreement even if such issues predated the transaction, whether known or 12
unknown to the City. 13
(c) For purposes of this Section 13, “Control” means ownership of a majority interest or 14
the actual working control and day to day management of C Spire. 15
14. Compliance with Applicable Law. C Spire shall at all times comply with all laws 16
applicable to its provision of Telecommunications Services in the City. 17
15. Enforcement and Termination. 18
(a) Breach. In addition to all other rights and powers retained by the City under this 19
Agreement or otherwise, the City reserves the right to terminate this Agreement and all 20
rights and privileges of C Spire hereunder in the event of a material breach of its terms 21
and conditions. 22
(b) Notice of Violation. In the event the City believes C Spire has not complied with the 23
provisions of this Agreement, the City shall make a written demand that C Spire comply 24
with any such provision, rule, order, or determination under or pursuant to this 25
Agreement. If the violation by C Spire continues for a period of thirty (30) days following 26
C Spire’s receipt of such written demand without written proof that the corrective action 27
has been taken or is being actively and expeditiously pursued, the City may place the 28
issue of termination of the Agreement before the City Council. The City shall cause to 29
be served upon C Spire at least twenty (20) days prior to the date of a City Council 30
meeting, a written notice of intent to request such termination, the provisions of this 31
Agreement under which termination is sought, and the time and place of such City 32
Council meeting. Public notice shall be given of the City Council meeting and issues that 33
the City Council is to consider pursuant to the requirements of Alabama law. 34
(c) Consideration of Breach. The City Council shall hear and consider the issue and 35
shall hear any Person interested therein and shall determine whether or not any material 36
breach by C Spire has occurred. 37
(d) Declaration of Forfeiture. If the City Council shall determine the material breach by 38
C Spire was the fault of C Spire and within its control, the City Council may, by resolution: 39
(i) seek specific performance of any provisions which reasonably lends itself to such 40
remedy, as an alternative to damages; or (ii) commence or action at law for monetary 41
damages; or (iii) declare a material breach and declare that this Agreement shall be 42
terminated unless there is compliance within such period as the City Council may fix 43
(with such period not to be less than sixty (60) days), provided that no opportunity for 44
compliance need be granted for fraud or misrepresentation. 45
(e) No Forfeiture of Legal Rights or Remedies. Nothing herein shall be construed as a 46
waiver or forfeiture of any right or remedy that either Party may have concerning or 47
arising out of this Agreement, including the right to seek judicial redress for any breach 48
or violation of the terms of this Agreement. 49
16. Miscellaneous. 50
(a) Applicable Law. This Agreement will be deemed to be a contract made under the 51
laws of the State of Alabama and for all purposes will be governed by and interpreted in 52
accordance with the laws prevailing in the State of Alabama, without regard to principles 53
of conflict of laws. 54
(b) Entire Agreement. The terms and provisions of this Agreement constitute the entire 55
agreement between the Parties, and there are no collateral agreements or 56
representations or warranties other than as expressly set forth or referred to in this 57
Agreement. 58
(c) Inurement. This Agreement shall be binding upon, and shall inure to the benefit of, 1
the respective Parties, their successors, and assigns, including any and all subsequent 2
owners of the fiber optic lines installed pursuant to this Agreement. 3
(d) Fees and Costs. In the event of any disputes or controversies arising from the 4
Agreement or its interpretation, each Party will bear its own attorneys’ fees and costs 5
incurred in connection with same. 6
(e) No Rights to Private Property. Nothing in this Agreement shall be construed 7
expressly or impliedly to grant to C Spire any rights with respect to any private property. 8
(f) C Spire Repair, Inspection, etc. All of the obligations imposed by this Agreement upon 9
C Spire with regard to construction shall be equally applicable in the event that C Spire 10
or its agents, employees or contractors, repair, inspect, or otherwise, deal with the 11
Rights-of-Way. All obligations, duties and responsibilities imposed upon C Spire by this 12
Agreement shall be continuing and not limited solely to the construction period. 13
(g) Independent Contractor. The Parties stipulate and agree that C Spire is an 14
independent contractor and neither Party shall take any action or make any statement 15
that could, in any way, suggest a different relationship between the Parties. It is 16
specifically agreed that the Parties hereto are not partners or joint venturers and do not 17
occupy any similar relationship. 18
(h) No Guaranty, etc. by City. It is hereby agreed that neither the City nor any of its 19
officers, officials, employees, agents, or contractors have made any guaranty, 20
representation, promise or assurance to C Spire or its officers, officials, employees or 21
contractors, other than as expressly contained in writing in this Agreement and C Spire 22
stipulates and agrees that it is not relying upon any promise, representation, guaranty 23
or assurance, other than as is contained in writing in this Agreement. 24
(i) Notice. Any notice or response required under this Agreement shall be in writing and 25
shall be deemed given upon receipt: (i) when hand delivered; (ii) when delivered by 26
commercial courier; or (iii) after having been posted in a properly sealed and correctly 27
addressed envelope by certified or registered mail, postage prepaid, return receipt 28
requested. The addresses of the Parties for notice are as follows: 29
30
The notices or responses to the City shall be addressed as follows: 31
32
City of Prattville, Alabama Attn: Mayor Bill Gillespie, Jr. 101 West Main Street Prattville, 33
Alabama 36067 34
With a copy to: 35
36
Andrew Odom, City Attorney 707 McQueen Smith Road South Prattville, Alabama 36066 37
38
The notices or responses to C Spire shall be addressed as follows: 39
40
Telepak Networks, Inc. d/b/a C Spire Attn: Jake Cowen, Sr. Vice President 1018 41
Highland Colony Parkway, Suite 400 Ridgeland, Mississippi 39157 42
43
With a copy to: 44
45
Charles L. McBride, Jr., General Counsel Telepak, Inc. 1018 Highland Colony Parkway, 46
Suite 700 Ridgeland, Mississippi 39157 47
48
The City and C Spire may designate such other address or addresses from time to time 49
by giving notice to the other as provided in this Section. 50
51
(j) Severability. If the legislature or a court or regulatory agency of competent jurisdiction 52
determines that any provision of this Agreement is illegal, invalid, or unconstitutional, all 53
other terms of this Agreement will remain in full force and effect for the Term of the 54
Agreement and any renewal. 55
(k) Change of Law. In the event that any effective legislative, regulatory, judicial, or legal 56
action materially affects any material terms of this Agreement, or the ability of the City 57
or C Spire to perform any material terms of this Agreement, the Parties agree to amend 58
this Agreement as necessary to comply with the changes in law within thirty (30) days 59
of receipt of written notice of such change in law. 60
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ADOPTED THIS 3RD DAY OF SEPTEMBER, 2024. 1
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By: Lora Lee Boone, President 5
Prattville City Council 6
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AUTHENTICATED THIS THIS 3RD DAY OF SEPTEMBER, 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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ORDINANCE BOOK 2024, PAGE ___ 64
ORDINANCE 1
HELD FROM AUGUST 20, 2024 2
3
[To Amend Ordinance Book 2011, Page 024, Ordinance Book 2016-A, Page 009 and 4
Ordinance Book 2020, Page 005 to Re-Describe the Legal Descriptions of City Council 5
Districts Pursuant to 2020 Federal Census and Designate Voting Locations.] 6
7
{Sponsored By: Council President Boone} 8
9
WHEREAS, pursuant to Resolution Book 2023-B, Page 272, on December 19, 2023, 10
11
the City Council of the City of Prattville established Redistricting Guidelines and Milestones for 12
13
the 2024 Redistricting Process in accordance with the 2020 Federal Census. 14
15
NOW, THEREFORE, BE IT ORDAINED that Ordinance Book 2011, Page 024, 16
17
Ordinance Book 2016-A, Page 009 and Ordinance Book Page 2020, Page 005 are hereby 18
19
amended pursuant to the 2020 Federal Census and the City Council districts are those areas 20
21
within the Corporate Limits re-described by the Legal Description as follows: 22
23
COUNCIL DISTRICT 1 24
As the point of beginning, start at the intersection of W Main Street and Court Street; run north 25
along Court Street to Upper Kingston Road; run north along Upper Kingston Road to Gardner 26
Road; run east on Gardner Road to the Prattville City Corporate Limits; following the Prattville 27
City Corporate Limits north and east and in a counterclockwise direction along the Prattville 28
City Corporate Limits to where the Prattville City Corporate Limits joins Old Autaugaville Road 29
immediately south of US Hwy 82; run northeast along Old Autaugaville to Gin Shop Hill Road; 30
run northeast along Gin Shop Hill Road to Cook Road; run southeast along Cook Road to 31
Fireside Drive; run southeast along Fireside Drive to Kindlewood Drive; run northeast along 32
Kindlewood Drive to the eastern boundary of Hearthstone Estates Phase 2 subdivision, as 33
recorded in the Office of the Judge of Probate of Autauga County in Book 2007, Page 24; run 34
north along said eastern boundary and continue in a northerly direction to the southeast corner 35
of Lot 6 of Block 2 and the eastern boundary of Deer Wood subdivision as recorded in the 36
Office of the Judge of Probate of Autauga County in Book 3, Page 94; run north along said 37
eastern boundary to the northeast corner of Lot 1 of Block 2 of said Deer Wood subdivision 38
and Quail Run; run east along Quail Run to Deer Trace; run northeast along Deer Trace to 39
Pletcher Street; run northwest along Pletcher Street to Maple Street; run northwest along Maple 40
Street to Bridge Street; run northeast along Bridge Street to W Main Street; run west along W 41
Main Street to Court Street, being the point of beginning. 42
43
COUNCIL DISTRICT 2 44
Northern Section 45
As the point of beginning, start at the intersection of W 6th Street and Upper Kingston Road; 46
run northwest along Upper Kingston Road to Gardner Road; run east along Gardner Road to 47
the Prattville City Corporate Limits; run north along the Prattville City Corporate Limits in a 48
clockwise direction to where the Prattville City Corporate Limits joins Gardner Road; run east 49
along Gardner Road to Martin Luther King Jr Drive; run south along Martin Luther King Jr Dr 50
to Ridgewood Road; run east along Ridgewood Road to Mt Airy Drive; run south along Mt Airy 51
Drive to Magnolia Drive; run southeast Magnolia Drive to E 6th Street; run southwest along E 52
6th Street to Woodvale Road; run south along Woodvale Road to Wetumpka Street; run west 53
along Wetumpka Street to the Norfolk Southern Railroad; run southeast along the Norfolk 54
Southern Railroad to E Main Street; run west along E Main Street to New Moon Drive; run 55
south along New Moon Drive to Hallmark Drive; run south along Hallmark Drive to Mobile Drive; 56
run southwest along Mobile Drive to Doster Road; run northwest along Doster Road to Water 57
Street; run east along Water Street to Pratt Street; run north along Pratt Street to E Main Street; 58
run west along E Main Street to Moncrief Street; run north along Moncrief to 3rd Street; run 59
west along 3rd Street to Northington Street; run north along Northington Street to the Norfolk 60
Southern Railroad; run northwest along the Norfolk Southern Railroad to W 6th Street; run west 61
along W 6th Street to Upper Kingston Road, being the point of beginning. 62
63
And 64
1
Southern Section 2
As the point of beginning, start at the intersection of Cook Road and Gin Shop Hill Road; run 3
southeast along Cook Road to Fireside Drive; run south along Fireside Drive to Hearthstone 4
Drive; run south along Hearthstone Drive to US Hwy 82; run east along US Hwy 82 to the 5
Norfolk Southern Railroad; run northwest along the Norfolk Southern Railroad to Doster Road; 6
run northeast along Doster Road to S Memorial Drive; run southeast along S Memorial Drive 7
to US Hwy 82; run east along US Hwy 82 to Fay Branch; run south along the Fay Branch to 8
Cooter’s Pond Road; run west along Cooter’s Pond Road to Pine Creek Road; run north along 9
Pine Creek Road to Angela Street; run west along Angela Street to Murfee Drive; run south 10
along Murfee Drive to S Memorial Drive; run south along S Memorial Drive to County Road 4; 11
run west along County Road 4 to the Prattville City Corporate Limits; run northwesterly along 12
the Prattville City Corporate Limits in a counterclockwise direction to where the Prattville City 13
Corporate Limits joins Old Autaugaville Road; run northeast along Old Autaugaville Road to 14
Gin Shop Hill Road; run northeast along Gin Shop Hill Road to Cook Road, being the point of 15
beginning. 16
17
COUNCIL DISTRICT 3 18
As the point of beginning, start at the intersection of N Memorial Drive and Skidmore Avenue; 19
run north along N Memorial Drive to the Prattville City Corporate Limits; run easterly along the 20
Prattville City Corporate Limits in a clockwise direction to where the Prattville City Corporate 21
Limits crosses the Autauga County and Elmore County boundary; run south along said county 22
boundary to Fairview Avenue; run west along Fairview Avenue to Old Farm Way; run south 23
along Old Farm Way to Covered Bridge Parkway; run south along Covered Bridge Parkway to 24
the eastern tributary of Pine Creek; run southwesterly along the eastern tributary of Pine Creek 25
to the southeast corner of Section 2, T-17-N, R-16-E, also being the southeast corner of the 26
Glynwood Baptist Church property; run north along said section line and Glynwood Baptist 27
Church property line to the southeast corner of Lot 19C and the southern boundary of Autauga 28
Station Subdivision Plat No. 4 as recorded in the Office of the Judge of Probate of Autauga 29
County in Book 5, Page 234; run west along said southern boundary to McQueen Smith Road; 30
run south along McQueen Smith Road to the southeast corner of Lot 1 of Block 2 and the 31
southern boundary of Riverchase Phase I subdivision as recorded in the Office of the Judge of 32
Probate of Autauga County in Book 4, Page 100; run west along said southern boundary to the 33
southeast corner of Lot 1 of Block 3 and the southern boundary of Riverchase Phase II as 34
recorded in the Office of the Judge of Probate of Autauga County in Book 5, Page 18; run west 35
along said southern boundary to the southeast corner of Lot 14 and the southern boundary of 36
Riverchase Phase 4 subdivision as recorded in the Office of the Judge of Probate of Autauga 37
County in Book 5, Page 137; run west along said southern boundary to Jasmine Trail; run north 38
along Jasmine Trail to Fairview Avenue; run west along Fairview Avenue to Diane Drive; run 39
southeast along Diane Drive to old Fairview Avenue (old Hwy 14); run west along old Fairview 40
Avenue to Fairview Avenue; run west along Fairview Avenue to Edgewood Avenue; run west 41
along Edgewood Avenue to Walker Street; run north along Walker Street to Skidmore Avenue; 42
run west along Skidmore Avenue to N Memorial Drive, being the point of beginning. 43
44
COUNCIL DISTRICT 4 45
As the point of beginning, start at the intersection of Cobbs Ford Road and the Autauga County 46
and Elmore County boundary; run north along said county boundary to Covered Bridge 47
Parkway; run southwesterly along Covered Bridge Parkway to the eastern tributary of Pine 48
Creek; run southwesterly along the eastern tributary of Pine Creek to the southeast corner of 49
Section 2, T-17-N, R-16-E, also being the southeast corner of the Glynwood Baptist Church 50
property; run north along said section line to the southeast corner of Lot 19C and the southern 51
boundary of Autauga Station Subdivision Plat No. 4 as recorded in the Office of the Judge of 52
Probate of Autauga County in Book 5, Page 234; run westerly along said southern boundary 53
to McQueen Smith Road; run south along McQueen Smith Road to the southeast corner of Lot 54
1 of Block 2 and the southern boundary of Riverchase Phase I subdivision as recorded in the 55
Office of the Judge of Probate of Autauga County in Book 4, Page 100; run west along said 56
southern boundary to the southeast corner of Lot 1 of Block 3 and the southern boundary of 57
Riverchase Phase II as recorded in the Office of the Judge of Probate of Autauga County in 58
Book 5, Page 18; run west along said southern boundary to the southeast corner of Lot 14 and 59
the southern boundary of Riverchase Phase 4 subdivision as recorded in the Office of the 60
Judge of Probate of Autauga County in Book 5, Page 137; run west along said southern 61
boundary to Jasmine Trail; run north along Jasmine Trail to Fairview Avenue; run west along 62
Fairview Avenue to Pine Creek; run south along Pine Creek to E Main Street; run east along E 63
Main Street and Cobbs Ford Road to the county boundary, being the point of beginning. 64
1
COUNCIL DISTRICT 5 2
As the point of beginning, start at the intersection of Fairview Avenue and Old Farm Way; run 3
northeast along Fairview Avenue to the Autauga County and Elmore County boundary; run 4
north along said county boundary to the Prattville City Corporate Limits; run southeasterly along 5
the Prattville City Corporate Limits in a clockwise direction to where the Prattville City Corporate 6
Limits joins County Road 4; run east along County Road 4 to S Memorial Drive; run north along 7
S Memorial Drive to Murfee Drive; run east and north along Murfee Drive to Angela Street; run 8
east along Angela Street to Pine Creek Road; run south along Pine Creek Road to Cooter’s 9
Pond Road; run east along Cooter’s Pond Road to Fay Branch; run northerly along Fay Branch 10
to US Hwy 82; run southwest along US Hwy 82 to S Memorial Drive; run northwest along S 11
Memorial Drive to Overlook Drive; run northeast along Overlook Drive to Beth Manor Drive; run 12
east along Beth Manor Drive to Teri Lane; run north and in a clockwise direction around Teri 13
Lane to Jay Street; run east along Jay Street to Sheila Boulevard; run north along Sheila 14
Boulevard to Tara Drive; run west along Tara Drive to Sweet Ridge Road; run north along 15
Sweet Ridge Road to Summer Lane; run east along Summer Lane to Sheila Boulevard; run 16
north along Sheila Boulevard to E Main Street; run east along E Main Street and Cobbs Ford 17
Road to the Autauga County and Elmore County boundary; run north along said county 18
boundary to Covered Bridge Parkway; run southwest and then north along Covered Bridge 19
Parkway to Old Farm Way; run northwest along Old Farm Way to Fairview Ave, being the point 20
of beginning. 21
22
COUNCIL DISTRICT 6 23
As the point of beginning, start at the intersection of S Memorial Drive and Overlook Drive; run 24
northeast along Overlook Drive to Beth Manor Drive; run east along Beth Manor Drive to Teri 25
Lane; run north and in a clockwise direction around Teri Lane to Jay Street; run east along Jay 26
Street to Sheila Boulevard; run north along Sheila Boulevard to Tara Drive; run west along Tara 27
Drive to Sweet Ridge Road; run north along Sweet Ridge Road to Summer Lane; run east 28
along Summer Lane to Sheila Boulevard; run north along Sheila Boulevard to E Main Street; 29
run west along E Main Street to Pine Creek; run north along Pine Creek to Fairview Avenue; 30
run southwest along Fairview Avenue to Diane Drive; run southeast along Diane Drive to old 31
Fairview Avenue (old Hwy 14); run west along old Fairview Avenue to Fairview Avenue; run 32
southwest along Fairview Avenue to Edgewood Avenue; run west along Edgewood Avenue to 33
Walker Street; run north along Walker Street to Skidmore Avenue; run west along Skidmore 34
Avenue to N Memorial Drive; run north along N Memorial Drive to the Prattville City Corporate 35
Limits; run westerly along the Prattville City Corporate Limits in a counterclockwise direction to 36
where the Prattville City Corporate Limits joins Martin Luther King Jr Drive; run south along 37
Martin Luther King Jr Drive to Ridgewood Road; run east along Ridgewood Road to Mt Airy 38
Drive; run south along Mt Airy Drive to Joan Lane; run east along Joan Lane to Fern Street; 39
run south along Fern Street to Mimosa Road; run east then south along Mimosa Road to Cherry 40
Drive; run east along Cherry Drive to Woodvale Road; run south along Woodvale Rd to 41
Camellia Drive; run southeast along Camellia Drive to N Memorial Drive; run south along N 42
Memorial Drive and S Memorial Drive to E Main Street; run west along E Main Street to 43
Jeanette Drive; run south along Jeanette Drive to Cardinal Lane; run east then south along 44
Cardinal Lane to Partridge Lane; run east along Partridge Lane to Loder Street; run 45
southeasterly along Loder Street to Honeysuckle Drive; run south along Honeysuckle Drive to 46
Smith Avenue; run east along Smith Avenue to Leigh Drive; run south along Leigh Drive to 47
Sunset Drive; run east along Sunset Drive to Stonewall Drive; run north along Stonewall Drive 48
to S Memorial Drive; run south along S Memorial Drive to Overlook Drive, being the point of 49
beginning. 50
51
COUNCIL DISTRICT 7 52
As the point of beginning, start at the intersection of Mt Airy Drive and Joan Lane; run south 53
along Mt Airy Drive to Magnolia Drive; run southeast along Magnolia Drive to E 6th Street; run 54
west along E 6th Street to Woodvale Road; run south along Woodvale Road to Wetumpka 55
Street; run west along Wetumpka Street to the Norfolk Southern Railroad; run southeasterly 56
along the Norfolk Southern Railroad to E Main Street; run west along E Main Street to New 57
Moon Drive; run south along New Moon Drive to Hallmark Drive; run west and south along 58
Hallmark Drive to Mobile Drive; run west along Mobile Drive to Doster Road; run north along 59
Doster Road to Water Street; run east along Water Street to Pratt Street; run north along Pratt 60
Street to E Main Street; run west along E Main Street to Moncrief Street; run north along 61
Moncrief Street to E 3rd Street; run west along E 3rd Street to S Northington Street; run north 62
along S Northington Street to the Norfolk Southern Railroad; run northwesterly along the 63
Norfolk Southern Railroad to W 6th Street; run west along W 6th Street to Court Street; run south 64
along Court Street to W Main Street; run east along W Main Street to Bridge Street; run south 1
along Bridge Street to Maple Street; run southeast along Maple Street to Pletcher Street; run 2
southeast along Pletcher Street to Deer Trace; run southwest along Deer Trace to Quail Run; 3
run northwest and west along Quail Run to the northeast corner of Lot 1 of Block 2 and the 4
eastern boundary of Deer Wood subdivision as recorded in the Office of the Judge of Probate 5
of Autauga County in Book 3, Page 94; run south along said eastern boundary to the southeast 6
corner and eastern boundary of Lot 6 of Block 2 of said Deer Wood subdivision; continue south 7
to the northeast corner of Lot 43 and the eastern boundary of Hearthstone Estates Phase 2 8
subdivision, as recorded in the Office of the Judge of Probate of Autauga County in Book 2007, 9
Page 24; run south along said eastern boundary to Kindlewood Drive; run southwest along 10
Kindlewood Drive to Fireside Drive; run south then west along Fireside Drive to Hearthstone 11
Drive; run south along Hearthstone Drive to US Hwy 82; run southeast and easterly along US 12
Hwy 82 to the Norfolk Southern Railroad; run north along the Norfolk Southern Railroad to 13
Doster Road; run northeast along Doster Road to S Memorial Drive; run northwest along S 14
Memorial Drive to Stonewall Drive; run southwest along Stonewall Drive to Sunset Drive; run 15
west along Sunset Drive to Leigh Drive; run north along Leigh Drive to Smith Avenue; run west 16
along Smith Avenue to Honeysuckle Drive; run north along Honeysuckle Drive to Loder Street; 17
run northwest along Loder Street to Partridge Lane; run west along Partridge Lane to Cardinal 18
Lane; run north then west along Cardinal Lane to Jeanette Drive; run north along Jeanette 19
Drive to E Main Street; run east along E Main Street to S Memorial Drive; run north on S 20
Memorial Drive and N Memorial Drive to Camellia Drive; run northwest along Camellia Drive 21
to Woodvale Road; run north along Woodvale Road to Cherry Drive; run west along Cherry 22
Drive to Mimosa Rd; run north then west on Mimosa Drive to Fern Street; run north on Fern 23
Street to Joan Lane; run west on Joan Lane to Mt Airy Drive, being the point of beginning. 24
25
BE IT FURTHER ORDAINED that the following places are hereby designated as 26
27
voting locations for each of the seven election districts in the City of Prattville, Alabama: 28
29
District 1: Prattville Area Chamber of Commerce 30
131 N. Court Street 31
32
District 2: First Missionary Baptist Church 33
192 Seventh Street 34
35
Public Works Training Facility 36
1825 Cooters Pond Road 37
38
District 3: Central Alabama Community College 39
1320 Old Ridge Road 40
41
District 4: Glynwood Baptist Church 42
376 McQueen Smith Road 43
44
District 5: Heritage Baptist Church 45
1357 S. Memorial Drive 46
47
District 6: Trinity United Methodist Church 48
610 Fairview Drive 49
50
District 7: Gillespie Senior Center 51
334 Doster Road 52
53
THE purpose of this amendment is to adjust district boundary lines pursuant to the 2020 54
55
Federal Census in accordance with the §11-40-8, Code of Alabama, 1975, as amended. 56
57
ALL Ordinances or parts of Ordinances that conflict with this Ordinance are hereby 58
59
repealed. 60
61
THE provisions of this Ordinance are severable. If any part of this Ordinance is 62
63
declared invalid or unconstitutional, such declaration shall not affect the part which remains. 64
THE Council hereby ratifies and affirms all other aspects of the previously adopted 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 3RD DAY OF SEPTEMBER, 2024. 9
10
11
12
By: Lora Lee Boone, President 13
Prattville City Council 14
15
AUTHENTICATED THIS THIS 3RD DAY OF SEPTEMBER, 2024. 16
17
18
19
By: Paula G. Barlow 20
City Clerk 21
22
APPROVED: 23
24
25
26
By: Bill Gillespie, Jr. 27
Mayor 28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
52
53
54
55
56
57
58
59
60
61
62
63
ORDINANCE BOOK 2024, PAGE 64
RESOLUTION 1
2
[To Authorize the Release of Funds for the Purchase of One (1) APC Battery Backup through 3
State Contract No. MA210000000211 from APC Networking Product and Services for the 4
Information Technology Department at a Cost Not to Exceed $94,532.12.] 5
6
{Sponsored By: Councilor Whaley} 7
8
WHEREAS, the Information Technology Department has identified the need to replace 9
10
a battery backup; and 11
12
WHEREAS, an APC Schneider Galaxy VS UPS 40KVA is available through the State 13
14
Contract No. MA210000000211 at a cost not to exceed $94,532.12; and 15
16
WHEREAS, this will be a budgeted expense in the Information Technology Department. 17
18
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Prattville that 19
20
funds in an amount not to exceed $94,532.12 for the purchase of said battery backup are 21
22
hereby authorized and approved to be paid to APC Networking Product and Services and said 23
24
funds will be approved and appropriated from FY2025 Budget Line Item Information 25
26
Technology/ Capital Outlay. 27
28
ADOPTED THIS 3RD DAY OF SEPTEMBER, 2024. 29
30
31
32
By: Lora Lee Boone, President 33
Prattville City Council 34
35
AUTHENTICATED THIS 3RD DAY OF SEPTEMBER, 2024. 36
37
38
39
By: Paula G. Barlow 40
City Clerk 41
42
APPROVED: 43
44
45
46
By: Bill Gillespie, Jr. 47
Mayor 48
49
50
51
52
53
54
55
56
57
58
59
60
61
62
63
RESOLUTION BOOK 2024, PAGE ___ 64
RESOLUTION 1
2
[To Authorize the Release of Funds for the Purchase of One (1) 30’ Olympia Pre-Lit Tree, 3
from The Christmas Place at a Cost Not to Exceed $27,999.20.] 4
5
{Sponsored By: Council President Pro Tempore Strichik} 6
7
WHEREAS, Performing & Creative Arts desires to purchase one (1) 30’ Olympia Pre- 8
9
Lit Christmas Tree; and 10
11
WHEREAS, an opportunity is available to purchase said tree at a discounted price 12
13
during a seasonal sale; and 14
15
WHEREAS, said tree is available from The Christmas Place at a cost not to exceed 16
17
$27,990.20; and 18
19
WHEREAS, this will be a budgeted expense in Performing & Creative Arts. 20
21
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Prattville that 22
23
that funds in an amount not to exceed $27,990.20 for the purchase of said tree are hereby 24
25
authorized and approved to be paid to The Christmas Place, and said funds will be approved and 26
27
appropriated from FY2025 Budget Line Item Performing & Creative Arts/ Capital Outlay. 28
29
ADOPTED THIS 3RD DAY OF SEPTEMBER, 2024. 30
31
32
33
By: Lora Lee Boone, President 34
Prattville City Council 35
36
AUTHENTICATED THIS THIS 3RD DAY OF SEPTEMBER, 2024. 37
38
39
40
By: Paula G. Barlow 41
City Clerk 42
43
APPROVED: 44
45
46
47
By: Bill Gillespie, Jr. 48
Mayor 49
50
51
52
53
54
55
56
57
58
59
60
61
62
63
RESOLUTION BOOK 2024-A, PAGE ___ 64