Pell City, Alabama



STATE OF ALABAMA

ST. CLAIR COUNTY

The City Council of the City of Pell City met in a work session at the City Hall at 4:30 p.m., on Monday September 26, 2016. Present were Council President James McGowan, Councilmembers Jay Jenkins, Dot Wood, Sharon Thomas and Terry Templin. Council President McGowan opened the meeting for discussion.

The invocation was led by Mayor Joe Funderburg.

The pledge to the American Flag was led by Councilmember Terry Templin.

The City Clerk had roll call for attendance.

Councilmember Thomas had not reviewed the bills on file.

One requisition over the amount of $5,000.00 was presented for discussion.

❖ Stone & Sons Electrical Contractors – Repair traffic light loops on Hwy 231 - $7,752.00

Jeff Smith requested an extension for repairs to property located at 3120 7th Avenue North. Councilmember Thomas asked how much additional time was needed to complete the project, and he stated sixty days, but expects it to take possibly half that time.

Jeff Bass, The Center for Municipal Solutions, requested a Special Use Permit for modifications of an existing Telecommunications Facility located at 1418 Parkhill Parkway. T-Mobile is currently providing service from this site and is proposing to add three antennas to their current configuration.

Tim Spencer and Sean O’Brien with Buffalo Wild Wings addressed the council regarding their application for an On-Premise Restaurant Retail Liquor License. Mr. Spencer stated that the building will be handed over to them around the third week in October with an anticipated opening date of November 7th. Their initial plans were to open in October, but the construction was delayed a week due to inclement weather.

Request for Proposals for Grant Administrative Services on the Industrial Park water/sewer project were solicited. Only one proposal was received; that being from Louise Campbell in the amount of $19,500.00.

A proposal from Goodwyn, Mills & Cawood to provide planning services related to a review and recommendations on the revised sign ordinance was presented. The proposal was in the amount of $8,600.00. Councilmember Wood asked if the person working on this project is an engineer. The firm is an engineering firm; however, the person working on the sign study is a City Planner and will be working with Planning and Zoning. Councilmember Thomas stated that the Planning Commission believed it would be in the City’s best interest to employ a third-party to work with the staff, Planning Commission and business community to draft an ordinance that is compliant with these new legal mandates.

Miscellaneous items were presented for surplus. The items consisted mainly of old computers and printers that were no longer usable. Items were as follows:

❖ 18 printers

❖ 26 computers

❖ 13 laptops

❖ 32 monitors

Council discussed the Animal Shelter User Agreement with St. Clair County. The agreement is very similar to the one from 2015, with the additional funding increase. Councilmember Templin asked if there was conversation of additional employee, and City Attorney John Rea stated the additional funds are for one additional part-time employee to work at the Animal Shelter, and the City of Pell City will hire the additional employee. The St. Clair County Commission’s total commitment is $109,500.00. Greg Gossett stated the City Manager requested two inmates from St. Clair County to work at the Animal Control Shelter in addition to the part-time hired employee, and the inmates have to be interviewed and known to like and care for animals. They are to be supervised while working at the Shelter by the Animal Shelter director and then picked up from the Shelter and returned to Childersburg.

A revision to the Building Code Fee Schedule Ordinance was discussed. The State passed Act 2015-308 which assessed a $1.00 fee per $1,000.00 in construction costs for all non-residential construction. Municipalities are required to file a monthly report and pay this fee to the Construction Industry Craft Training program. The Ordinance increases the City’s fees by $1.00 to offset these costs. The new law goes into effect October 1, 2016.

John Rea discussed with Council about changes to the FY 16/17 budget due to some oversights on the approved budgets. Finance Director Teri St. James stated the changes were due to the appropriation to the Chamber of Commerce. The City’s portion of the Fishing Tournament was added on top of the $40,000.00 already budgeted. Ms. St. James stated in past years the Chamber would come during the year and request funds for additional functions in the City, and with the new budget the total funds given to the Chamber is all included in the budgeted amount.

City Manager Comments: None

Mayor Comments: None

There being no further discussions, Council President McGowan adjourned the meeting.

The City Council of the City of Pell City met in a regular council meeting at the City Hall at 6:00 p.m. on Monday, September 26, 2016. Present were Council President James McGowan, Councilmembers Jay Jenkins, Dot Wood, Sharon Thomas and Terry Templin. Those present constituting the entirety of the council, the following business was transacted:

The City Clerk had roll call for attendance.

On motion of Councilmember Thomas, seconded by Councilmember Templin, the council unanimously approved the payment of bills on file pending review by Ms. Thomas.

On motion of Councilmember Templin, seconded by Councilmember Thomas, the council unanimously approved the requisition over $5,000.00 on file.

Now was the time set aside for a Public Hearing regarding the rezoning of property located at 7975 Dry Creek Road and owned by Joyce St. John. The requested rezoning was from B-1 (Neighborhood Business District) to R-A (Residential Agriculture District). The request for rezoning came with a recommendation for approval from the Planning Commission. No one was present in opposition of the rezoning. Council President McGowan closed the Public Hearing at 6:03 p.m.

Council President McGowan introduced the following ordinance:

ORDINANCE NO. 2016 – 4665

AN ORDINANCE AMENDING ORDINANCE NO. 79-516 TO

REZONE FROM B-1 (NEIGHBORHOOD BUSINESS DISTRICT)

TO R-A (RESIDENTIAL AGRICULTURAL DISTRICT) CERTAIN

PROPERTY LOCATED WITHIN THE CITY LIMITS OF THE

CITY OF PELL CITY, ALABAMA

WHEREAS, Joyce H. St John the owner of the hereinafter described real estate situated in Pell City, St. Clair County, Alabama, did file with the Clerk of the City of Pell City, Alabama, a written petition duly signed by Joyce H. St John, requesting that said described property located within the corporate limits of the City of Pell City be rezoned from B-1 (Neighborhood Business District) to R-A (Residential Agricultural District) under the provisions of section 11-52-70, et seq, Code of Alabama, 1975, as amended; and

WHEREAS, said petition did have attached thereto an accurate description of said territory proposed to be rezoned, together with a map of said property, all as is required under the provisions of said section 11-52-70, et seq; and

WHEREAS, the City Council of the City of Pell City has heretofore given notice of and convened a public hearing on September 26, 2016, pertaining to said rezoning; and has examined the aforesaid petition and exhibits attached thereto and finds that the said described lands are located within the corporate limits of the City of Pell City.

NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PELL CITY, ALABAMA, as follows:

Section 1. The petition of Joyce H. St John, the owner of the following described lands situated in the City of Pell City, Alabama, requesting that the same be rezoned from B-1 (Neighborhood Business District) to R-A (Residential Agricultural District) be and the same is hereby approved, to-wit:

Parcel 1:

The following described property is situated in the Commence at the South East corner of said ¼ - ¼ and run N 0°31’41” E along the east line of said ¼ - ¼ 403.03 ft. to the northwesterly ROW of Dry Creek Road and the point of beginning; thence, run S 42°41’57” W along said ROW 184.88 ft. to the intersection of the northerly ROW of Alexander Road; thence, run North 67°04’26” West along the row of said Alexander Road 290.31 ft.; thence, run N 21°10’21” E 68.48 ft.; thence, run N 74°20’30” E 74.65 ft; thence run N 3°38’49” W 105.18 ft.; thence run N 89°31’41” E 304.40 ft. to the east line of said ¼ - ¼; thence, run S 0°31’41” W along said East line 168.70 ft. to the point of beginning. Containing 1.92 acres.

Also a 20’ ingress-egress easement along an existing paved driveway on the outside and adjacent to the west line of the above described property from the northerly ROW of Alexander Road and running northeastwardly, the east line of which is described as commencing at the SW corner of the above described property and run N 21°10’21” E 68.48 ft. and the end of said easement.

Section 2. The Zoning District Map of the City of Pell City shall be amended by rezoning the aforesaid described parcel of land from B-1 (Neighborhood Business District) to R-A (Residential Agricultural District).

Section 3. This Ordinance shall become effective upon approval, passage and publication as required by law.

Councilmember Wood moved that all rules and regulations, which unless suspended would prevent the immediate consideration and adoption of said ordinance, be suspended and that unanimous consent to the immediate consideration and adoption of said ordinance be given. The motion was seconded by Councilmember Thomas. On roll call vote, the motion was unanimously approved. Those voting aye being: Council President McGowan, Councilmembers Jenkins, Wood, Thomas and Templin. Nays: None. Council President McGowan declared the motion approved.

Councilmember Jenkins then moved that said ordinance be now placed upon its final passage and adopted. The motion was seconded by Councilmember Templin. The question being put as to the adoption of said motion and the passage of said ordinance, on roll call vote, the motion was unanimously approved. Those voting aye being: Council President McGowan, Councilmembers Jenkins, Wood, Thomas and Templin. Nays: None. Council President McGowan declared the motion approved and the ordinance adopted.

Now was the time set aside for a Public Hearing affixing the demolition costs to property located at 1905 2nd Avenue North. No one was present to speak on behalf of the property. Council President McGowan closed the Public Hearing at 6:04 p.m.

On motion of Councilmember Wood, seconded by Councilmember Templin, the council unanimously approved the following resolution:

RESOLUTION NO. 2016 – 4666

A RESOLUTION FIXING COSTS REASONABLY INCURRED IN

THE REMOVAL OF THE UNSAFE STRUCTURE LOCATED AT

1905 2ND AVENUE NORTH, PELL CITY, AL 35125;

TAX PARCEL # 28-01-01-2-002-022.000

WHEREAS, by Resolution No. 2016 - 4634, the City Council of the City of Pell City declared the structure located at 1905 2nd Avenue North, Pell City, AL 35125, Tax Parcel # 28-01-01-2-002-022.000 (“the Property”), to be unsafe to the extent of being a public nuisance and ordered the structure to be demolished; and,

WHEREAS, sealed bids were solicited and received for the demolition and removal of said structure; and

WHEREAS, in accordance with the Ordinance and Alabama law and the Order of the St. Clair County Circuit Court, the City, through its authorized contractor, demolished the dilapidated structure on the Property and abated the nuisance; and,

WHEREAS, the City Manager of the City of Pell City has prepared an accounting of the costs incurred by the City in demolishing the dilapidated structure and abating the nuisance on the Property, which accounting is attached hereto as Exhibit A and expressly incorporated herein by reference; and,

WHEREAS, after appropriate notice to the owner of the above-described real property, the City Council held a hearing on September 26, 2016, to allow the owner the opportunity to appear and show cause, if any, why the expenses incurred by the City to abate the nuisance on the Property should not be assessed against the Property.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Pell City, Alabama, as follows:

1. After appropriate public hearing, the City Council finds no just cause as to why the expenses incurred by the City to abate the nuisance on the above-described parcel of real property should not be assessed against the parcel in accordance with Ordinance No. 2015-4496 and applicable Alabama law.

2. The City Council finds that the accounting attached hereto as Exhibit A, and incorporated herein by reference, establishes the costs that were reasonably incurred by the City in demolishing the dilapidated structure and abating the nuisance on the Property, and declares a special assessment against the Property in the amount of $9,627.60 to recover said costs.

3. In accordance with Alabama law, the fixing of costs by the governing body shall constitute a special assessment against the lot or lots, parcel, or parcels of land upon which the building or structure was located, and shall constitute a lien on the property for the amount of the assessment.

4. The City Clerk is authorized to record a copy of this Resolution with the Office of Probate Judge of St. Clair County and to submit a copy of this Resolution to the Office of Revenue Commissioner of St. Clair County to place said assessment as a lien against the Property.

Now was the time set aside for a Public Hearing affixing the demolition costs to property located at 2600 Starnes Drive. No one was present to speak on behalf of the property. Council President McGowan closed the Public Hearing at 6:06 p.m.

On motion of Councilmember Templin, seconded by Councilmember Wood, the council unanimously approved the following resolution:

RESOLUTION NO. 2016 – 4667

A RESOLUTION FIXING COSTS REASONABLY INCURRED IN

THE REMOVAL OF THE UNSAFE STRUCTURE LOCATED AT

2600 STARNES DRIVE, PELL CITY, AL 35125;

TAX PARCEL # 29-03-06-3-002-017.000

WHEREAS, by Resolution No. 2016 - 4635, the City Council of the City of Pell City declared the structure located at 2600 Starnes Drive, Pell City, AL 35125, Tax Parcel # 29-03-06-3-002-017.000 (“the Property”), to be unsafe to the extent of being a public nuisance and ordered the structure to be demolished; and,

WHEREAS, sealed bids were solicited and received for the demolition and removal of said structure; and

WHEREAS, in accordance with the Ordinance and Alabama law and the Order of the St. Clair County Circuit Court, the City, through its authorized contractor, demolished the dilapidated structure on the Property and abated the nuisance; and,

WHEREAS, the City Manager of the City of Pell City has prepared an accounting of the costs incurred by the City in demolishing the dilapidated structure and abating the nuisance on the Property, which accounting is attached hereto as Exhibit A and expressly incorporated herein by reference; and,

WHEREAS, after appropriate notice to the owner of the above-described real property, the City Council held a hearing on September 26, 2016, to allow the owner the opportunity to appear and show cause, if any, why the expenses incurred by the City to abate the nuisance on the Property should not be assessed against the Property.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Pell City, Alabama, as follows:

5. After appropriate public hearing, the City Council finds no just cause as to why the expenses incurred by the City to abate the nuisance on the above-described parcel of real property should not be assessed against the parcel in accordance with Ordinance No. 2015-4496 and applicable Alabama law.

6. The City Council finds that the accounting attached hereto as Exhibit A, and incorporated herein by reference, establishes the costs that were reasonably incurred by the City in demolishing the dilapidated structure and abating the nuisance on the Property, and declares a special assessment against the Property in the amount of $9,134.82 to recover said costs.

7. In accordance with Alabama law, the fixing of costs by the governing body shall constitute a special assessment against the lot or lots, parcel, or parcels of land upon which the building or structure was located, and shall constitute a lien on the property for the amount of the assessment.

8. The City Clerk is authorized to record a copy of this Resolution with the Office of Probate Judge of St. Clair County and to submit a copy of this Resolution to the Office of Revenue Commissioner of St. Clair County to place said assessment as a lien against the Property.

On motion of Councilmember Thomas, seconded by Councilmember Wood, the council unanimously approved the request from Jeff Smith for a 60-day extension on the repairs to property located at 3120 7th Avenue North.

On motion of Councilmember Templin, seconded by Councilmember Wood, the council unanimously approved the following resolution:

RESOLUTION NO. 2016 – 4668

A RESOLUTION GRANTING A SPECIAL USE PERMIT FOR MODIFICATION OF AN EXISTING TELECOMMUNICATIONS FACILITY AT 1418 PARKHILL PARKWAY, PELL CITY, AL

WHEREAS, T-Mobile has requested to modify an existing wireless telecommunications facility located in the City of Pell City at 1418 Parkhill Parkway, Pell City, AL, to provide enhanced wireless services essentially within the corporate limits and police jurisdiction of the City of Pell City and;

WHEREAS, T-Mobile has complied with the City’s Ordinance No. 2015-4497 and has demonstrated the need for a wireless facility to consistently deliver reliable services in the identified area, and;

WHEREAS, both the City and T-Mobile customers in Pell City will benefit from improved service, and;

WHEREAS, the City’s consultant, The Center for Municipal Solutions (CMS), recommends the granting of a Special Use Permit for this modification of the wireless telecommunications facility at 1418 Parkhill Parkway, which consists of a 255’ guyed tower;

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Pell City, Alabama, that T-Mobile is hereby granted a Special Use Permit to modify the existing wireless telecommunications facility located at 1418 Parkhill Parkway, Pell City, Alabama. As recommended by CMS, the Special Use Permit is subject to compliance with the following conditions prior to the issuance of said permit and/or a Certificate of Completion:

1. To prevent warehousing of permits or authorizations and to assure the best service to the City’s residents as expeditiously as possible, the facility must be built, activated and be providing service no later than one hundred eighty (180) days after the issuance of the Special Use Permit or other applicable authorization, subject to commonly accepted force majeure exceptions acceptable to the City. T-Mobile may petition the City of an extension of this for good cause shown, but the decision weather not to grant the extension shall exclusively be the prerogative of the City.

2. T-Mobile must provide contractor information with construction schedule to City and to CMS prior to issuance of the Building Permit.

3. T-Mobile or the tower owner must remediate the following safety issues prior to the issuance of a Certification of Occupancy:

a. Repair missing compound fence and gate grounds.

b. Repair missing tower grounds.

c. Repair missing ice-bridge grounds.

d. Repair missing grounding bars.

e. Repair missing guyed wire compound fence and gate grounds.

f. Repair missing guyed wire grounds.

g. Secure guyed wire compounds.

4. At the completion of construction, the Applicant must notify the City’s consultant and provide proof that all inspections have been satisfactorily completed and the project is ready for a final on-site inspection. Upon passing the final inspection, a recommendation to issue a Certificate of Occupancy shall be made.

5. T-Mobile shall not be permitted to actually provide service commercially until the Certification Occupancy or its functional equivalent is issued or risk forfeiting its Permit.

6. The Certificate of Occupancy shall not be issued until all fees and costs associated with this Permit, including inspections, have been paid.

On motion of Councilmember Thomas, seconded by Councilmember Wood, the council unanimously approved an application for On-Premise Restaurant Retail Liquor License for Buffalo Wild Wings.

On motion of Councilmember Jenkins, seconded by Councilmember Templin, the council unanimously approved the following resolution:

RESOLUTION NO. 2016 – 4669

A RESOLUTION AWARDING THE CONTRACT FOR GRANT ADMINISTRATIVE SERVICES FOR CDBG# LR-ED-PF-10-101

WHEREAS, the City of Pell City has requested and reviewed proposals for administrative services for the implementation of Community Development Block Grant LR-ED-PF-10-101; and

WHEREAS, it has been determined that L.P. Campbell Company is qualified to serve as the project administrator.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Pell City as follows:

1. That the contract for Administrative Services is awarded to L.P. Campbell Company in the amount of $19,500.00; and

2. That the Mayor and/or City Manager are authorized to enter into the contract on behalf of the City of Pell City.

On motion of Councilmember Jenkins, seconded by Councilmember Thomas, the council unanimously approved to table the consideration of a proposal from Goodwyn, Mills & Cawood to provide planning services related to a review and recommendations on the revised sign ordinance. Councilmember Thomas asked City Attorney Rea if he would submit a proposal to revise the City’s Sign Ordinance.

On motion of Councilmember Jenkins, seconded by Councilmember Wood, the council unanimously approved the following resolution:

RESOLUTION NO. 2016 – 4670

A RESOLUTION PROVIDING FOR THE SALE OF UNNEEDED PERSONAL PROPERTY

WHEREAS, the City of Pell City, Alabama, has certain items of personal property which are no longer needed for public or municipal purposes; and,

WHEREAS, Section 11-43-56, Ala. Code 1975, authorizes the municipal governing body to dispose of unneeded personal property.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Pell City, Alabama, as follows:

Section 1. That the following personal property owned by the City of Pell City, Alabama, is not needed for public or municipal purposes:

• 26 Desktop Computers

• 18 Printers

• 13 Laptop Computers

• 32 Computer Monitors

Section 2. That the Mayor and the City Manager be, and they hereby are, authorized and directed to dispose of the personal property owned by the City of Pell City, Alabama, described in Section 1 above, by receiving bids for such property. All such property shall be sold to the highest bidder, provided, however, that the Council shall have the authority to reject all bids when, in its opinion, it deems the bids to be less than adequate consideration for the personal property.

On motion of Councilmember Templin, seconded by Councilmember Thomas, the council unanimously approved the Animal Shelter User Agreement with St. Clair County.

Council President McGowan introduced the following ordinance:

ORDINANCE NO. 2016 – 4671

AN ORDINANCE AMENDING ORDINANCE 2012-4159 REGULATING THE ERECTION, CONSTRUCTION, ENLARGEMENT, ALTERATION, MAINTENANCE, REPAIR, REHABILITATION, RECLAMATION, REMEDIATION, DEMOLITION OR ANY IMPROVEMENT OF BUILDINGS OR STRUCTURES WITHIN THE CITY OF PELL CITY; PROVIDING FOR THE ISSUANCE OF PERMITS AND COLLECTION OF FEES THEREOF; DECLARING AND ESTABLISHING A FIRE DISTRICT; PROVIDING PENALITIES FOR THE VIOLATION THEREOF AND REPEALING ALL ORDINANCE AND PARTS OF ORDINANCES IN CONFLICT HEREWITH.

WHEREAS, on September 24, 2012, the City Council (the “Council”) of the City of Pell City, Alabama (the “City”) adopted Ordinance No. 2012-4159 for the purpose of establishing rules and regulations for the construction, enlargement, alteration, maintenance, repair, rehabilitation, reclamation, remediation, demolition or any improvement of buildings or structures within the City; and,

WHEREAS, on June 3, 2015, the Alabama Legislature enacted Alabama Act 2015-308 (the “Act”), which created a Construction Industry Craft Training program to be administered by the Alabama Craft Training Board for the purpose of funding training programs for the development of a quality workforce to support the construction industry in the State of Alabama; and,

WHEREAS, after October 1, 2016, the Act requires the City to tender a fee to the State of Alabama in an amount equal to One Dollar ($1.00) for every One Thousand and No/100 Dollars ($1,000.00) of non-residential construction-work permitted within the City; and,

WHEREAS, the Act constitutes an unfunded mandate imposed by the Alabama Legislature; and,

WHEREAS, in response to the Act, the City is required to increase its non-residential construction-permit fees by the amount required to be transmitted to the State under the Act in order to maintain the City’s current level of construction-permit revenue; and,

WHEREAS, the City Council has determined that it is wise, prudent, and in the best interests of the citizens of Pell City to adopt this amendment to Ordinance No. 2012-4159.

BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PELL CITY, ALABAMA, AS FOLLOWS:

Section A: That Ordinance 2012-4159 is hereby amended to add a new Section 38 as follows:

SECTION 38: ACT 2015-308 Fee - Pursuant to Alabama Act 2015-308, the City shall assess a fee on all non-residential construction-work permitted within the City in the amount of One Dollar ($1.00) for every One Thousand and No/100 Dollars ($1,000.00) of said non-residential construction-work permitted.

The following are specifically excluded from the requirement for the payment of said fee: all licensed home builders, as defined by Alabama Code; any subcontractor working on a residential construction site including renovations to any residential structure; or any person or entity specifically exempt under Chapter 14A of Title 34, Code of Alabama 1975, except for subdivision (3) of Section 34-14A-6, Code of Alabama 1975.

The fees shall be collected by the City and shall be remitted monthly to the Department of Finance, Division of Construction Management by the 20th day of the month following the issuance of the applicable permits.

The fees shall be remitted electronically as required by Act 2015-308.

Section B: Severability. If any part, section, or provision of this Ordinance shall hereafter be declared unconstitutional or invalid for any reason, such declaration shall not affect the validity of any other section or provision of this Ordinance, which shall continue in full force and effect notwithstanding such holding.

Section C: Repeal of Conflicting Ordinances. Any Ordinance in conflict with this Ordinance shall be and is hereby repealed on the effective date of this Ordinance.

Section D: Effective Date. This Ordinance shall become effective on October 1, 2016, following publication as required by law.

Councilmember Wood moved that all rules and regulations, which unless suspended would prevent the immediate consideration and adoption of said ordinance, be suspended and that unanimous consent to the immediate consideration and adoption of said ordinance be given. The motion was seconded by Councilmember Thomas. On roll call vote, the motion was unanimously approved. Those voting aye being: Council President McGowan, Councilmembers Jenkins, Wood, Thomas and Templin. Nays: None. Council President McGowan declared the motion approved.

Councilmember Wood then moved that said ordinance be now placed upon its final passage and adopted. The motion was seconded by Councilmember Jenkins. The question being put as to the adoption of said motion and the passage of said ordinance, on roll call vote, the motion was unanimously approved. Those voting aye being: Council President McGowan, Councilmembers Jenkins, Wood, Thomas and Templin. Nays: None. Council President McGowan declared the motion approved and the ordinance adopted.

Council President McGowan introduced the following resolution:

RESOLUTION NO. 2016 – 4672

A RESOLUTION ADOPTING THE ANNUAL BUDGET OF THE CITY OF PELL CITY FOR FISCAL YEAR 2016-17

WHEREAS, the City Manager and other members of the City Administration have prepared and submitted to the City Council of the City of Pell City a proposed annual budget for the City for Fiscal Year 2016-17, which budget is attached hereto as Exhibit A and expressly incorporated herein by reference; and,

WHEREAS, the City Council has determined that it is wise, expedient, and in the best interests of the citizens of the City to adopt the proposed budget for Fiscal Year 2016-17, as attached hereto as Exhibit A, and to authorize the expenditures set forth in the Budget as described herein; and,

WHEREAS, the City Council has determined that the expenditures set forth in the budget for Fiscal Year 2016-17 will serve a public purpose by promoting the health, safety, morals, security, prosperity, contentment, and general welfare of the community.

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PELL CITY, ALABAMA, as follows:

1. That, for the purpose of financing the conduct of affairs of the City of Pell City, Alabama, during the Fiscal Year beginning October 1, 2016, and ending September 30, 2017, inclusive, the Budget of the City’s expenses attached hereto as Exhibit A and expressly incorporated herein by reference for such period be, and the same hereby is, approved and adopted as the official Annual Budget of the City of Pell City, Alabama (hereinafter the “Budget”).

2. That the expenditures set forth in the Budget for Fiscal Year 2016-17 will serve a public purpose by promoting the health, safety, morals, security, prosperity, contentment, and general welfare of the community.

3. That the City Manager be, and he hereby is, authorized to approve the expenditures set forth in the Budget for the purposes indicated therein, provided, however that all written contracts that require execution on behalf of the City and any expenditures that exceed Five Thousand and No/100 Dollars ($5,000.00) shall be submitted to the City Council for additional approval.

4. That, notwithstanding the foregoing, the City Manager be, and he hereby is, authorized to approve all expenditures for Fiscal Year 2016-17 made pursuant to contracts approved by the City Council through the Alabama Competitive Bid Law and Public Works Bid Law.

5. That all eligible employees shall receive a one-step increase on the City of Pell City General Compensation Plan and the Public Safety Compensation Plan effective as of the payroll processed from September 27, 2016, through September 30, 2016, provided, however, that individuals employed by the City of Pell City for less than thirty (30) days as of the date of this Resolution shall not be eligible for the one-step increase provided herein.

6. That the City Treasurer be, and she hereby is, authorized to make the appropriate disbursements for the expenditures set forth in the Budget upon receipt of the necessary approval from the City Manager.

7. That Resolution No. 2016-4664 is hereby repealed.

Councilmember Jenkins moved that all rules and regulations, which unless suspended would prevent the immediate consideration and adoption of said resolution, be suspended and that unanimous consent to the immediate consideration and adoption of said resolution be given. The motion was seconded by Councilmember Templin. On roll call vote, the motion was unanimously approved. Those voting aye being: Council President McGowan, Councilmembers Jenkins, Wood, Thomas and Templin. Nays: None. Council President McGowan declared the motion approved.

Councilmember Jenkins then moved that said resolution be now placed upon its final passage and adopted. The motion was seconded by Councilmember Templin. The question being put as to the adoption of said motion and the passage of said resolution, on roll call vote, the motion was unanimously approved. Those voting aye being: Council President McGowan, Councilmembers Jenkins, Wood, Thomas and Templin. Nays: None. Council President McGowan declared the motion approved and the resolution adopted.

On motion of Councilmember Thomas, seconded by Councilmember Wood, the council adjourned subject to the call of the Council President.

______________________________

James McGowan

Council President

ATTEST:

______________________________

Penny Isbell

City Clerk

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