Draft City Council Agenda Packet April 20, 2021
AGENDA
PRATTVILLE CITY COUNCIL
TUESDAY, APRIL 20, 2021
A PLEDGE OF ALLEGIANCE TO THE AMERICAN FLAG:
INVOCATION:
ROLL CALL:
CALL TO ORDER:
THE CHARACTER TRAIT OF THE MONTH IS RESPECT: Treating others with honor and
dignity.
APPROVAL OF MINUTES: Work Session and City Council Meeting April 6, 2021
COMMENTS FROM PERSONS PRESENT REGARDING TONIGHT’S AGENDA:
MAYOR’S REPORT:
FINANCE REPORT:
REPORT FROM COUNCIL ON SPECIAL COMMITTEES:
CONSENT AGENDA:
1. RESOLUTION: To Declare Various Weeded Lots to be a Public Nuisance, Order Their
Abatement and Set a Public Hearing per Title 11, Chapter 67 of the Code of Alabama, 1975,
as Amended. (Sponsored By: Council President Starnes)
2. RESOLUTION: To Set a Public Hearing to Amend the City of Prattville Code of
Ordinances, Chapter 38 - License, Taxation and Miscellaneous Business Regulations,
Article V. - Business Licenses and Taxes to include a New License Classification Code for
Mobile Food Vendor. (Sponsored By: Councilor Gornto)
3. RESOLUTION: To Reschedule the Public Hearing Date to Rezone or Pre-Zone Certain
Properties from May 4, 2021 to May 18, 2021, Due to Publication Requirements. (Sponsored
By: Councilor Gornto)
AGENDA:
1. ORDINANCE: To Rezone Property Located at Old Farm Lane and Rocky Mount Road,
North of High Point Town Center from FAR (Forest, Agricultural and Recreation) to R-3 (Single
Family Residential); (Owner/Petitioner: Anna Thrash). (Sponsored By: Councilor Gornto)
HELD OVER FROM MARCH 16, 2021
2. ORDINANCE: To Exempt Certain “Covered Items” From the Municipal Sales and Use
Tax During the Third Full Weekend of July 2021, as Authorized by §40-23-210 through §40-
23-213, Code of Alabama, 1975, as Amended, Generally Referred to as the “Back-to-
School Sales Tax Holiday” Legislation. (Sponsored By: Council President Starnes)
3. ORDINANCE: To Adopt Regulations for Small Cell Technology Facilities in the City of
Prattville, Alabama. (Sponsored By: Council President Starnes)
4. ORDINANCE: To Extend the Temporary Moratorium on Permits and Approvals for Multi-
Family (Apartment) Developments. (Sponsored By: Councilor Gornto)
5. RESOLUTION: To Release Funds for the Purchase of One (1) 2021 RAM 2500 Crew Cab
4x4 Truck through State Bid T191 from Stivers Chrysler Dodge Jeep Ram for the Urban
Management Division at a Cost Not to Exceed $29,859.00. (Sponsored By: Council President
Pro Tempore Boone)
6. RESOLUTION: To Release Funds for the Purchase of a CUES MPlus Lateral Inspection
System from CUES, Inc. for the Wastewater Division at a Net Cost Not to Exceed $11,151.00.
(Sponsored By: Councilor Striplin)
7. RESOLUTION: To Release Funds for the Purchase of One (1) 2021 RAM 2500 Crew Cab
4x4 Truck through State Bid T191 from Stivers Chrysler Dodge Jeep Ram for the Wastewater
Division at a Cost Not to Exceed $29,859.00. (Sponsored By: Councilor Striplin)
COMMENTS FROM PERSONS PRESENT:
CLOSING COMMENTS:
ADJOURN
The next City Council meeting is scheduled for Tuesday, May 4, 2021 at 6:00 p.m.
Consent Agenda 1
RESOLUTION 1
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[To Declare Various Weeded Lots to be a Public Nuisance, Order Their Abatement and Set a 3
Public Hearing per Title 11, Chapter 67 of the Code of Alabama, 1975, as Amended.] 4
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{Sponsored By: Council President Starnes} 6
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WHEREAS, an abundance of overgrown grass or weeds: 8
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1. is injurious to the public health, safety and general welfare by providing a breeding 10
ground and shelter for rats, mice, snakes, mosquitoes and other vermin; 11
2. may cause the further spread of weeds; 12
3. may hide debris, such as glass or metal, that could inflict injury on a person going to 13
such property; and 14
4. may also pose a fire hazard and respiratory hazard; and 15
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WHEREAS, §11-67-1 et Seq., of the Code of Alabama, 1975, as amended, permits 17
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the City Council of the City of Prattville to declare an abundance of overgrown grass and 19
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weeds to be a public nuisance; and 21
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WHEREAS, the Prattville Police Department Code Enforcement Officer has inspected 23
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the properties at the following addresses and determined the existence of an abundance of 25
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overgrown grass and weeds: 27
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• 1039 GIPSON ST- GLEN M. HUTSON | CHRISTOPHER D. HUTSON, 644 GRAY STONE 29
LN, RICHARDSON, TX 75081 30
(19 02 10 3 011 013.000) 31
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• 105 NEW MOON CT- NANCY J. WADE, 105 NEW MOON CT, PRATTVILLE, AL 36067 33
(19 05 16 2 000 097.000) 34
• 109 NEW MOON CT- DAVID W. BLACKWELL C/O PATRICIA MCKINNEY, 1649 BRIDGE 35
CREEK RD, PRATTVILLE, AL 36067 36
(19 05 16 2 000 099.000). 37
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NOW, THEREFORE, BE IT RESOLVED that: 39
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1. the City Council of the City of Prattville declares the abundance of overgrown grass 41
and weeds at the above listed addresses to be a public nuisance; and 42
2. the owners of said property, as they appear in the records of the Autauga County or 43
Elmore County Revenue Commissioners, are ordered to abate the abundance of 44
overgrown grass and weeds; and 45
3. the owners of said property are ordered to appear before the City Council of the City of 46
Prattville at a public hearing at 6:00 p.m. on May 18, 2021, in Prattville City Hall. 47
4. the notice as required by §11-67-62, Code of Alabama, 1975, as amended, will be 48
provided in a publication of general circulation in compliance with the law, by certified 49
mail, and by signage on the subject property. 50
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ADOPTED THIS 20th DAY OF APRIL, 2021. 52
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______________________________ 55
By: Gerald “Jerry” Starnes, President 56
Prattville City Council 57
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Consent Agenda 1
AUTHENTICATED THIS 20TH DAY OF APRIL, 2021. 1
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______________________________ 4
By: Lisa Terrill 5
City Clerk 6
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APPROVED: 8
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______________________________ 11
By: Bill Gillespie, Jr. 12
Mayor 13
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RESOLUTION BOOK 2021, PAGE ___63
Consent Agenda 2
RESOLUTION 1
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[To Set a Public Hearing to Consider Amendments to the City of Prattville Code of 3
Ordinances, Chapter 38 - License, Taxation and Miscellaneous Business Regulations, 4
Article V. - Business Licenses and Taxes to Include a New License Classification Code for 5
Mobile Food Vendor.] 6
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{Sponsored By: Councilor Gornto} 8
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WHEREAS, the City of Prattville has identified a need to consider amending the Code 10
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of Ordinances, Chapter 38 - License, Taxation and Miscellaneous Business Regulations, 12
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Article V. - Business Licenses and Taxes to provide for Mobile Food Vendors in the City of 14
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Prattville; and 16
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WHEREAS, the City Council desires to hold a Public Hearing prior to consideration 18
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and adoption of said Ordinance. 20
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NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Prattville 22
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hereby sets a Public Hearing for May 18, 2021, at 6:00 p.m. in the Council Chambers at City 24
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Hall for public comment on said Ordinance. 26
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ADOPTED THIS 20TH DAY OF APRIL, 2021. 28
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_____________________________ 31
By: Gerald “Jerry” Starnes, President 32
Prattville City Council 33
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AUTHENTICATED THIS 20TH DAY OF APRIL, 2021. 35
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_____________________________ 38
By: Lisa Terrill 39
City Clerk 40
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APPROVED: 42
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_____________________________ 45
By: Bill Gillespie, Jr. 46
Mayor 47
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RESOLUTION BOOK 2021, PAGE ___ 64
Consent Agenda 3
RESOLUTION 1
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[To Reschedule the Public Hearing Date to Rezone or Pre-Zone Certain Properties from May 3
4, 2021 to May 18, 2021, Due to Publication Requirements.] 4
5
{Sponsored By: Councilor Gornto} 6
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WHEREAS, on April 6, 2021, the City Council of the City of Prattville set public 8
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hearings and introduced rezoning or pre-zoning ordinances for the following properties: 10
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• To Rezone Property Located at the Northeast Corner of Old Farm Lane South & Vista Point 12
Blvd from R-4 (Multi-Family Residential) to B-2 (General Business). 13
(Petitioner: City of Prattville) 14
Resolution Book 2021, Page 060 15
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• To Rezone Property Located at the Southeast Corner of Summit Parkway and Fairview 17
Avenue from FAR (Forest, Agricultural & Recreation) to B-2 (General Business). 18
(Owner/Petitioner: Tom Allen/The Broadway Group, LLC) 19
Resolution Book 2021, Page 061 20
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• To Rezone Property Located at 202 Nisbett Court from B-2 (General Business) to R-4 (Multi-22
Family Residential). 23
(Petitioner: Pine Creek Apartments, Ltd./Representative: Barrett-Simpson, Inc.) 24
Resolution Book 2021, Page 062 25
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• To Rezone Property Located at 987 East Main Street from R-2 (Single Family Residential) to 27
O-1 (Office District). 28
(Petitioner: Juanita Jones) 29
Resolution Book 2021, Page 063 30
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• To Pre-Zone Property Located Outside the City Limits Off Old Ridge Road West of 32
Glennbrooke 8 to R-3 (Single Family Residential). 33
(Petitioner: David L. Avant/Diane R. Avant) 34
Resolution Book 2021, Page 064 35
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• To Set a Public Hearing to Rezone Property Located at the Northeast Corner of Old Farm 37
Lane South & Vista Point Blvd from R-4 (Multi-Family Residential) to B-2 (General Business). 38
(Petitioner: BVCV High Point, LLC) 39
Resolution Book 2021, Page 065 40
WHEREAS, said Public Hearings were originally scheduled for 6:00 p.m. on May 4, 41
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2021; and 43
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WHEREAS, said resolutions, ordinances, and legal descriptions were submitted to the 45
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Prattville Progress for publication as required by state code; and 47
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WHEREAS, the Prattville Progress was unable to print legal advertisements for said 49
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public hearings within the time limit required by state code; and 51
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WHEREAS, said Public Hearings must be rescheduled in order to meet said code 53
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requirements. 55
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NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Prattville 57
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that the Public Hearings for said properties shall be rescheduled from May 4, 2021 to May 18, 59
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2021 at 6:00 p.m. 61
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Consent Agenda 3
BE IT FURTHER RESOLVED that this resolution, along with the updated ordinances 1
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and legal descriptions of said properties, shall be resubmitted to the Prattville Progress for 3
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publication in accordance with state code. 5
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ADOPTED THIS 20TH DAY OF APRIL, 2021. 7
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_____________________________ 11
By: Gerald “Jerry” Starnes, President 12
Prattville City Council 13
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AUTHENTICATED THIS 20th DAY OF APRIL, 2021. 15
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_____________________________ 18
By: Lisa Terrill 19
City Clerk 20
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APPROVED: 22
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_____________________________ 25
By: Bill Gillespie, Jr. 26
Mayor 27
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RESOLUTION BOOK 2021, PAGE ___ 62
Agenda Item 1
HELD FROM MARCH 16, 2021 1
ORDINANCE 2
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[To Rezone Property Located at Old Farm Lane and Rocky Mount Road, north of High Point 4
Town Center from FAR (Forest, Agricultural and Recreation) to R-3 (Single Family 5
Residential); (Owner/Petitioner: Anna Thrash).] 6
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{Sponsored By: Councilor Gornto} 8
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BE IT ORDAINED by the City Council of the City of Prattville, Alabama, as follows: 10
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THAT the zoning ordinance of the City of Prattville, Alabama, adopted on February 10, 12
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1950, subsequently amended from time to time, and the zoning map adopted on the 1st day 14
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of May, 1987, are hereby amended to reclassify the property described in Attachment “A” 16
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from FAR (Forest, Agricultural and Recreation) to R-3 (Single Family Residential); and 18
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THAT this proposed ordinance and a synopsis was advertised for two (2) weeks in the 20
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Prattville Progress, a newspaper of general circulation within the City Limits of the City of 22
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Prattville, and that the City Council of the City of Prattville, at its Public Hearing on the 20th 24
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day of April, 2021, at 6:00 p.m., considered said proposed ordinance and that at such 26
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time and place all persons who desired had an opportunity to be heard in favor of or in 28
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opposition to such ordinance. 30
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ALL other items and provisions of the zoning ordinance of the City of Prattville not 32
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herein specifically amended shall remain in full force and effect. 34
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THE amendments herein contained were considered and recommended by the City of 36
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Prattville Planning Commission on February 18, 2021. 38
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THIS ordinance shall become effective upon its passage and execution as provided 40
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by law. 42
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ADOPTED THIS 20th DAY OF APRIL, 2021. 44
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______________________________ 47
By: Gerald “Jerry” Starnes, President 48
Prattville City Council 49
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AUTHENTICATED THIS 20th DAY OF APRIL, 2021. 51
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______________________________ 54
By: Lisa Terrill 55
City Clerk 56
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APPROVED: 58
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______________________________ 61
By: Bill Gillespie, Jr. 62
Mayor 63
ORDINANCE BOOK 2021, PAGE ___64
Agenda Item 2
ORDINANCE 1
2
[To Exempt Certain “Covered Items” From the Municipal Sales and Use Tax During the 3
Third Full Weekend of July 2021, as Authorized by §40-23-210 through §40-23-213, Code 4
of Alabama, 1975, as Amended, Generally Referred to as the “Back-to-School Sales Tax 5
Holiday” Legislation.] 6
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{Sponsored By: Council President Starnes} 8
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BE IT ORDAINED by the City Council of the City of Prattville, Alabama, as follows: 10
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Section 1. In conformity with the provisions of §40-23-210 through §40-23-213, Code of 12
Alabama, 1975, as amended, providing for a State Sales Tax Holiday, the City of Prattville, 13
Alabama, exempts “covered items” from municipal sales and use tax during the same period, 14
beginning at 12:01 a.m. on the third Friday in July 2021 (July 16, 2021) and ending at twelve 15
midnight the following Sunday (July 18, 2021). 16
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Section 2. This Ordinance shall be subject to all terms, conditions, definitions, time periods, 18
and rules as provided by §40-23-210 through §40-23-213, Code of Alabama, 1975, as 19
amended, except that the time period shall only be as specified in Section 1 above and not for 20
all years thereafter. 21
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Section 3. The City Clerk is hereby authorized and directed to certify a copy of this ordinance 23
under the seal of the City of Prattville, Alabama, and to forward said certified copy to the 24
Alabama Department of Revenue to be recorded and posted on the department website. 25
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Section 4. This ordinance shall become effective upon its passage and publication as required 27
by law. 28
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ADOPTED THIS 20TH DAY OF APRIL, 2021. 30
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______________________________ 33
By: Gerald “Jerry” Starnes, President 34
Prattville City Council 35
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AUTHENTICATED 20TH DAY OF APRIL, 2021. 37
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______________________________ 40
By: Lisa Terrill 41
City Clerk 42
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APPROVED: 44
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______________________________ 47
By: Bill Gillespie, Jr. 48
Mayor 49
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ORDINANCE BOOK 2021, PAGE ___63
Agenda Item 3
ORDINANCE 1
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[To Adopt Regulations for Small Cell Technology Facilities in the City of Prattville, Alabama.] 3
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{Sponsored By: Council President Starnes} 5
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WHEREAS, the City of Prattville, Alabama (the “City”) seeks to facilitate the availability 7
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of reliable personal wireless services for its citizens and the public by permitting the 9
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placement of Small Cell Technology Facilities and associated structures along the Right-of- 11
12
Way and on private properties in the City; and 13
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WHEREAS, pursuant to Alabama Code §11-45-1, municipal corporations may adopt 15
resolutions and ordinances to provide for the safety, preserve the health, promote the 16
prosperity, and improve the welfare, order, comfort, and convenience of the inhabitants of the 17
municipality; and 18
WHEREAS, the installation, expansion, and maintenance of Small Cell Technology 19
Facilities and associated structures on or along the Right-of-Way and on private properties 20
might have significant impact upon: (1) the aesthetic values and character of the City; (2) safe 21
use and passage on or along the Right-of-Way by the public; and (3) properties and property 22
values in the City in the areas where such structures are placed; and 23
WHEREAS, the Federal Telecommunications Act of 1996 (the “Act”) and regulations 24
promulgated with respect to the Act by the Federal Communications Commission (“FCC”) 25
authorize local governments to enact reasonable regulations for the permission, placement, 26
expansion, height and maintenance of Small Cell Technology Facilities and associated 27
structures; and 28
WHEREAS, as provided in this Ordinance and as permitted by Federal and State Law, 29
the City seeks to encourage, where feasible, the collocation of Small Cell Technology Facilities 30
on existing poles and other Structures as opposed to installation of new structures; and 31
WHEREAS, the above-noted collocation and other provisions of this Ordinance are 32
intended to be consistent with the Act and its associated regulations; and 33
WHEREAS, the adoption of the regulations, procedures, and requirements in this 34
Ordinance will permit Applicants and Providers to enhance the provision of personal wireless 35
service and protect the public welfare, health, safety and interests of the City’s citizens. 36
BE IT ORDAINED by the City Council of the City of Prattville, Alabama, that the City of 37
Prattville Code of Ordinances, Chapter 58 – Telecommunications, is hereby amended as 38
follows: 39
Agenda Item 3
Chapter 58 – Telecommunications 1
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Article III. – Small Cell Wireless Facilities 3
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SECTION 1. Definitions. 5
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The terms below have the following meanings for purposes of this Ordinance. 7
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A. “Abandonment” or “Abandon(s)” means that, following the placement of DAS and/or Small 9
Cell Technologies Facilities (and associated Accessory Equipment) or Support Structures in 10
the City pursuant to a permit issued to a Provider or an Applicant, any of the following has 11
occurred: 12
(1) for any reason the Facilities cease to be used to transmit signals, data or messages 13
or otherwise be used for their intended purposes for a period of ninety (90) days; 14
(2) the City revokes the permit for placement and use of those Facilities due to 15
nonpayment of applicable fees, the failure of the Provider or Applicant to comply with conditions 16
in the permit or in this Ordinance, or other valid reason; or 17
(3) the Provider or Applicant fails to perform any of its responsibilities, obligations and 18
requirements in this Ordinance or in a permit that relates to the installation, construction, 19
maintenance, use or operation of the Facilities, Accessory Equipment or Support Structures, 20
and that breach remains uncured for a period of sixty (60) days after the City provides written 21
notice of the breach to the Provider or Applicant. 22
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B. “Accessory Equipment” means any equipment other than an antenna that is used in 24
conjunction with DAS and/or Small Cell Technology Facility arrangements to offer or provide 25
personal wireless services. This equipment may be attached to or detached from a DAS and/or 26
Small Cell Technology Wireless Support Structure, and includes, but is not limited to, cabinets, 27
optical converters, power amplifiers, radios, DWDM and CWDM multiplexers, microcells, radio 28
units, fiber optic and coaxial cables, wires, meters, pedestals, power switches and related 29
equipment on, or in the immediate vicinity of a Support Structure. The term does not include 30
the structure or improvements on, under, or within which the equipment is collocated, wireline 31
backhaul facilities, coaxial or fiber optic cable that is between wireless support structures or 32
utility poles or coaxial or fiber optic cable that is otherwise not immediately adjacent to, or 33
directly associated with, an antenna. 34
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C. “Antenna” means communications equipment that transmits and receives electromagnetic 36
radio signals, is attached to a DAS and/or Small Cell Technology Wireless Support Structure 37
and is used to communicate wireless service. 38
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D. “Applicant” whether singular or plural, means a Personal Wireless Service Provider, 40
Wireless Infrastructure Provider, or an entity (including one that is not a Provider) that is 41
authorized by a Personal Wireless Service Provider to apply for or receive a permit to install, 42
construct, manage, modify or maintain a DAS and/or Small Cell Technology Facility and related 43
Accessory Equipment or Support Structure in the City, or an entity licensed by the FCC, or an 44
entity certificated by the Alabama Public Service Commission to provide telecommunication 45
service. 46
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E. “Application” means a formal request submitted to the City for a permit to install, construct, 48
modify or maintain a DAS and/or Small Cell Technology Facility and related Accessory 49
Equipment or Support Structure. 50
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F. “City” means the City of Prattville, Alabama. 52
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G. “City Council” means the City Council of the City of Prattville, Alabama. 54
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H. “Collocation” means the placement or installation of a new DAS and/or Small Cell Wireless 56
Technology Facility or related Accessory Equipment on an existing pole or other Support 57
Structure that is owned, controlled or leased by a utility, the City, or other person or entity. 58
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Agenda Item 3
I. “DAS” or “Distributed Antenna System” is a network of spatially separated Antenna sites 1
connected to a common source that provides wireless service within a geographic area or 2
structure. 3
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J. “Distributed Antenna System Facilities and/or Small Cell Technology Facility(ies)” or 5
“Facilities” whether singular or plural, means and includes the following types of structures: 6
(a) antenna; and (b) associated Accessory Equipment. 7
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K. “Personal Wireless Service Provider” or “Provider” means an entity that provides personal 9
wireless services, as defined in 47 U.S.C. 332, to the public or citizens of the City on a 10
commercial basis and is authorized by the FCC to provide those services. 11
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L. “Private Property” means real property located in the City that does not lie within the public 13
Right-of-Way. 14
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M. “City Planner” or “Director of Planning” means the person appointed by the Mayor and the 16
City Council as the City Planner or Director of Planning, who is responsible for the 17
administration of this Ordinance. 18
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N. “Right-of-Way” whether singular or plural, means the surface and space in, upon, above, 20
along, across, over and below any public streets, avenues, highways, roads, courts, lanes, 21
alleys, boulevards, ways, sidewalks, and bicycle lanes, including all public utility easements, 22
as the same now or may hereafter exist, that are within the City’s corporate boundaries and 23
under the jurisdiction of the City. This term shall not include county, state or federal right-of-24
way or any property owned by any person or entity other than the City or City property that is 25
not right-of-way. 26
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O. “Small Cell Technology Facility” whether singular or plural, means equipment at a fixed 28
location when used to offer or provide personal wireless services, including both of the 29
following: Equipment associated with wireless communications; and radio transceivers, 30
antennas, coaxial, metallic, or fiber optic cable located on, in, or under a pole or wireless 31
support structure, or otherwise adjacent to such structures, regular and backup power supplies, 32
and comparable equipment, regardless of technological configuration. Each antenna 33
associated with the deployment, excluding associated antenna equipment, is no more than 34
three cubic feet. All other wireless equipment associated with the structure, including wireless 35
equipment associated with the antenna and any pre-existing associated equipment on the 36
structure, is no more than 28 cubic feet. The term does not include any of the following: the 37
structure or improvements on, under, or within which the equipment is collocated; wireline 38
backhaul facilities; or coaxial, metallic or fiber optic cable that is between structures or that is 39
otherwise not adjacent to a particular antenna or the structure supporting the antenna. 40
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P. “Support Structure” or “DAS and/or Small Cell Technology Wireless Support Structure,” 42
whether singular or plural, means a freestanding structure designed or used to support, or 43
capable of supporting, DAS and/or Small Cell Technology Facilities, including, but not limited 44
to, electric utility distribution poles, street light poles, traffic signal structures, rooftops, attics, or 45
other enclosed or open areas of a building or accessory structure, a sign, or a flag pole. These 46
terms do not include electric utility transmission poles. 47
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Q. “Stealth Technology” means a method(s) of concealing or minimizing the visual impact of 49
a DAS and/or Small Cell Technology Facility (and associated Accessory Equipment) and 50
Support Structure by incorporating features or design elements which either totally or partially 51
conceal such Facilities or equipment. The use of these design elements is intended to produce 52
the result of having said Facilities and associated structures blend into the surrounding 53
environment and/or disguise, shield, hide or create the appearance that the Facilities are an 54
architectural component of the support structure. 55
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R. “Wireless Infrastructure Provider” means any person, including a person authorized to 57
provide telecommunications service in the state, that builds or installs wireless communication 58
transmission equipment, wireless facilities or wireless support structures, but is not a wireless 59
services provider. 60
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Agenda Item 3
SECTION 2. Permit Required to Place DAS and/or Small Cell Technology Facilities. 1
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A. A Provider or Applicant must obtain a permit from the City before placing, installing, 3
constructing, or operating any DAS and/or Small Cell Technology Facility (and associated 4
Accessory Equipment) on any Support Structure that is located in the corporate limits, including 5
the right-of-way, including substantially modifying the position or characteristics of any such 6
existing Facility thereon. 7
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B. The City Planner or Director of Planning (the “Director”), or his/her designee, will review and 9
administratively process any request for a permit to determine whether, in the exercise of the 10
Director’s reasonable discretion, it should be issued for the location and in the manner 11
requested by the Applicant. In this process, the burden is on the Provider or Applicant to 12
demonstrate that the placement of the proposed DAS and/or Small Cell Technology Facility 13
and associated Accessory Equipment or Support Structure is necessary to achieve the 14
Provider’s or Applicant’s goal of enhancing the provision of personal wireless services when 15
considering all pertinent factors discussed in the provisions below. Except as set forth in this 16
section or if an appeal is taken, this permitting process will be administrative and not require 17
the approval of a City official other than the Director. The factors, requirements and guidelines 18
that the Director may consider and will apply when determining whether to issue a permit for 19
placement of DAS and/or Small Cell Technology Facilities and associated structures include, 20
but are not limited to, the following: 21
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(1) A Permit has been approved by the Director if a new Support Structure is necessary. 23
In addition to the standard review criteria, the following criteria shall also be considered 24
by the Director in considering an application for a New Support Structure: 25
a. Spacing between support structures, 26
b. Collocation availability, 27
c. Appearance of the proposed Support Structure and Facilities as a whole, and 28
d. Impact to the surrounding environment; 29
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(2) the visual impact of placing the Support Structures or Facilities in the subject area; 31
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(3) the ability and specifications of the structures upon which the Facilities and 33
Accessory Equipment are placed to safely support those Facilities and Accessory 34
Equipment; 35
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(4) the character of the area in which the Facilities are proposed for placement, including 37
surrounding buildings, properties and uses; 38
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(5) whether the appearance and placement of the requested Facilities is aesthetically 40
consistent with the immediate area and/or needs landscaping or other screening 41
features; 42
43
(6) whether the Facilities are consistent with the historic nature and/or unique 44
characteristics of the requested location; 45
46
(7) whether the Facilities exceed the height of similar existing structures in the area, or 47
where no similar existing structures are present, whether the Facilities exceed the height 48
limitations established for the zoned district in which a structure is proposed, but in no 49
event shall a Facility’s height exceed fifty feet (50’); 50
51
(8) Collocation. To the extent reasonable, in the discretion of the Director, all Facilities 52
and associated Accessory Equipment that are placed in the City shall be attached to a 53
pre-existing Support Structure that is owned, controlled or leased by a utility, franchisee, 54
the City or other entity or person with the permission of the owner of such structure. If 55
the Applicant demonstrates that no collocation opportunities exist in the area where a 56
technologically documented need for a Facility exists, the Applicant may request that a 57
new pole or other Support Structure be installed in that area for purposes of constructing 58
the Facilities. Before any new Support Structure is permitted, each of the following must 59
occur: 60
Agenda Item 3
(a) the Applicant must have provided the City written evidence that no reasonable 1
collocation opportunity exists. This documentation should include, but not be 2
limited to, affidavits, correspondence, or other written information that 3
demonstrates that the Applicant has taken all commercially reasonable actions 4
to achieve collocation in the requested location or area, that the Applicant has 5
pursued but been denied (or received no response) access to all potential 6
collocation sites in the subject area (and the reasons for any such denial(s)), or 7
otherwise show that the Applicant is unable to collocate on an existing Support 8
Structure, including for technical and other valid reasons, that the Applicant has 9
provided a detailed map showing all existing support structures in the area of 10
which the proposed support structure is to be located; and 11
12
(b) the Director may recommend the placement of a new Support Structure in 13
the Right-of-Way after thorough review by the City Engineer, or his designee; and 14
15
(c) newly constructed Support Structures shall be to the extent reasonably 16
possible, built in such manner as to readily accommodate collocation by no less 17
than one (1) similar (though potentially competing) entity with equipment of equal 18
or greater size. The owner of such structure shall not unreasonably deny another 19
carrier from collocation. The collocation requirement may be waived by the City 20
of Prattville for good cause shown. Such waiver will not be unreasonably 21
withheld; and 22
23
(d) a permit is approved by the Director; 24
25
(9) if a Facility is attached to a utility pole or other Support Structure, no Antenna or 26
other part of the Facility shall extend more than ten (10) feet above the height of such 27
Support Structure; if the Facility includes an antenna array, the array shall be flush 28
mounted within eighteen (18) inches of the Support Structure, or be contained in a 29
canister that is a continuation of the approximate diameter of the Support Structure, and 30
the array colored to match the support structure; 31
32
(10) the location of any new Facilities shall be subject to review by the Director for its 33
visual impact and to avoid an appearance of “clutter” among other Right-of-Way uses in 34
the vicinity; 35
36
(11) the Accessory Equipment shall, if reasonably possible, be buried, placed within the 37
pole, in a cabinet under the pole, or at least twelve (12) feet above the ground and limited 38
to twenty-eight (28) cubic feet cumulatively; 39
40
(12) the color of Antenna and Accessory Equipment shall be compatible with that of the 41
Support Structure or in a manner that otherwise attempts to conceal the equipment 42
against the background of the developed or natural environment; 43
44
(13) the Facility (including the Accessory Equipment) shall not be illuminated unless 45
required by applicable laws and regulations; 46
47
(14) display of logos, branding, or the like on the Facilities in any way that may 48
reasonably be construed as advertising shall be prohibited; 49
50
(15) whether Applicant has provided documentation that the proposed installation will 51
not cause harm to the public or pose any undue risk to public safety; 52
53
(16) whether the proposed installation may interfere with vehicular traffic, passage of 54
pedestrians, or other use of the Right-of-Way by the public; 55
56
(17) if the proposed installation will disturb conditions on the Right-of-Way, whether the 57
Applicant can demonstrate its ability and financial resources to restore the subject area 58
to its pre-existing condition following installation; 59
60
Agenda Item 3
(18) structures and Facilities, either in their installation or continued operation shall in 1
no way interfere with the telecommunications capabilities of emergency responders or 2
any public safety personnel, including traffic signals, communications equipment or any 3
other pre-existing or planned equipment in the City Engineer’s judgment which could be 4
interfered with by the Applicant’s proposed installation; and 5
6
(19) that the applicant covenants and agrees to indemnify, defend, save, and hold 7
harmless the City of Prattville, Alabama, and its agents, officials, officers, and 8
employees from and against any and all claims, injuries, losses, liabilities, damages, 9
charges, costs, and expenses (including reasonable attorneys’ fees and costs), whether 10
suffered by the applicant or any other person (including the City of Prattville, its agents, 11
or employees), which may occur on the property of the City of Prattville or elsewhere, 12
on account of or by reason of any matters which arise during, or from, the issuance of 13
the permit described herein or which may materially affect the issuance of the permit 14
described herein, except to the extent that any such matter is caused by the negligence 15
or misconduct of the City of Prattville, its employees, contractors or agents. 16
17
(20) The Provider or Applicant shall use Stealth Technology when installing the Facilities 18
and associated Accessory Equipment on any building or accessory to that building. 19
Further, Stealth Technology should be used when placing Facilities on other types of 20
Support Structures unless the Applicant can reasonably demonstrate that, given the 21
nature of the requested application, the use of such Technology is (a) unnecessary; or 22
(b) impractical. 23
24
(21) If the proposed facility or support structure is located within a City designated 25
historic district under the jurisdiction of the Prattville Historic Preservation Commission, 26
and will result in a change to the exterior appearance of a historic property or any 27
building, structure, or site, then a Certificate of Appropriateness must first be obtained 28
before final approval of any permit. 29
30
SECTION 3. Application Process. 31
32
The application process for locations within the City follows herein. Applications are required 33
to be reviewed by the Director of Planning or his/her designee, subject additionally to the City’s 34
Zoning Ordinance, Building Code, construction permitting processes, and other applicable 35
ordinances or regulations. The Director and his/her staff may also rely on a review by other 36
Departments as deemed necessary. 37
38
A. At a minimum, each application for a permit shall contain the following: 39
40
(1) Drawings stamped by a licensed engineer depicting the type of Facilities, Support 41
Structure, and means and points at which such Facilities and associated Accessory 42
Equipment will be attached to a Support Structure; 43
44
(2) map(s) designating with specificity the location(s) of the requested Facilities and all 45
other existing or proposed locations of the Applicant within one thousand (1,000) feet; 46
47
(3) the geographic coordinates of all antenna and other proposed Facilities of the 48
Applicant within one thousand (1,000) feet; 49
50
(4) if the Facilities will be located on the Right-of-Way on a Support Structure that is 51
owned by any entity other than the City or the Applicant, a copy of any license, lease, 52
agreement, letter or other documentation evidencing that the owner of that Support 53
Structure authorizes the Facilities to be attached thereto; 54
55
(5) if the Applicant requests permission to place Facilities on a new Support Structure, 56
other requirements contained in this Ordinance shall be met; 57
58
(6) photo-simulated post-construction renderings depicting the proposed facilities and 59
equipment, including any/all equipment cabinets, ancillary structures, coloration, and 60
landscaping; and 61
Agenda Item 3
(7) photographs of the existing site. 1
2
B. An application shall not be deemed complete until the Applicant has submitted all 3
documents, information and forms specifically enumerated in this ordinance that pertain to the 4
location, construction, or configuration of the Facilities or Support Structures at the requested 5
location(s). Within ten (10) calendar days after an application for permit is submitted, the City 6
shall notify the applicant in writing if any additional information is needed to complete that 7
application or supplemental information is required to process the request. Once the completed 8
Application is submitted, the Director shall make the final decision to approve or deny a 9
complete application within sixty (60) days. Applications for a new Support Structure shall be 10
approved or denied within ninety (90) days of the submission of the completed application. 11
12
C. If Facilities are placed on an existing or new building or accessory to that building, the 13
following dimensional regulations shall apply: 14
15
(1) Façade-mounted antennas shall not extend above the face of any wall or exterior 16
surface of the building. 17
18
(2) Roof-mounted antennas and Accessory Equipment may be permitted on buildings 19
in accordance with the following table: 20
21
Height of Building Maximum Height of Facility Required Setback from 22
above Highest Point on Roof Edge of Roof of Building 23
24
Up to 15 feet 8 feet, including antenna 1 foot for every foot of height of 25
equipment 26
27
15-35 feet 10 feet, including antenna 1 foot for every foot of height of 28
equipment 29
30
More than 35 feet 12 feet, including antenna 1 foot for every foot of height of 31
equipment 32
33
(3) The antenna component of the Facilities shall be limited to a maximum height of 34
three (3) feet and a maximum width of two (2) feet; provided that authorization to install 35
antenna up to six (6) feet in height may be permitted if a showing of the technological 36
need for such equipment is made and other requirements of this Section are met. 37
38
(4) Accessory Equipment must be located in an equipment cabinet, equipment room in 39
an existing building or in an unmanned equipment building. If the equipment building is 40
freestanding, it shall conform to the Prattville Municipal Code with respect to building 41
setbacks, that building shall not exceed 400 square feet, and its overall height shall be 42
limited to 15 feet (if located on the ground) measured from the finished grade. Further, 43
if an equipment building or cabinet is located in a residential zone, or the nearest 44
adjoining property is in a residential zone, that building or cabinet shall be surrounded 45
by landscaping to provide a screen of the same height as the building or cabinet. 46
47
D. Additional Requirements. Any Provider or Applicant to whom a permit is issued and who 48
places Facilities and associated Support Structures on the Right-of-Way shall comply with the 49
following requirements so long as those Facilities and Support Structures are on or under the 50
Right-of-Way: 51
52
(1) Prior to installing the Facilities or Support Structures, the Applicant shall provide the 53
City a certificate(s) of insurance, or of self-insurance, evidencing that it has obtained and 54
will maintain the following types of insurance in connection with its operations on or use 55
of the Right-of-Way: 56
57
(a) Commercial General Liability coverage insuring the risk of claims for damages 58
to persons or property arising from or related to the installation, construction, 59
maintenance, operation or any use of Facility or Support Structure placed on or 60
along the Right-of-Way by the Applicant with minimum limits of $1,000,000.00 61
per occurrence and $2,000,000.00 aggregate; and 62
63
Agenda Item 3
(b) Workers Compensation Insurance as required by statute. The required 1
General Liability coverage shall include the City as an additional insured as its 2
interest may appear under this Ordinance. All required insurance policies shall 3
be furnished by insurers who are eligible to transact business in the State of 4
Alabama and are rated at least A-VII by AM Best. Following initial installation, if 5
any changes in coverage occur, the Applicant shall furnish the City a new 6
Certificate indicating that the above-noted coverage remains and will remain in 7
effect. In lieu of the insurance requirements above, an Applicant may provide a 8
certificate of self-insurance sufficient to satisfy the above amounts. 9
10
(c) Applicant shall require any contractors and subcontractors to obtain and 11
maintain substantially the same insurance with substantially the same limits as 12
required of Applicant, including the City as an additional insured as its interest 13
may appear under this Ordinance, and providing to the City a certificate of 14
insurance evidencing such coverage. 15
16
(2) Permits for the construction of new facilities or the placement of collocated equipment 17
shall be good for twelve (12) months following issuance of the permit. If construction or 18
installation are not completed in that amount of time, the permit will terminate, and the 19
applicant must remove any partially installed equipment. If/when construction or 20
installation is underway but delayed due to unforeseen circumstances, including, but not 21
limited to the lack of available commercial power or communication facilities to the site, 22
the City may consider a request for a six (6) month extension to a permit. Permit fees 23
shall be non-refundable. 24
25
(3) All Facilities and associated Support Structures shall be installed, erected, 26
maintained and operated in compliance with applicable federal and state laws and 27
regulations, including, but not limited to, regulations of the FCC, the National Electric 28
Safety Code, the National Electric Code, and any policies and procedures required of 29
Support Structure owners. 30
31
(4) Following the installation of any Facilities and associated Support Structures, the 32
Provider or Applicant, upon reasonable request and for good cause, shall furnish the 33
Director a written certification from a licensed professional engineer in the State of 34
Alabama stating that those structures have been inspected and are being maintained, 35
operated and used in compliance with all applicable laws and regulations, including 36
those of the FCC that pertain to the transmission of wireless communication signals, 37
along with the requirements of the National Electric Safety Code and the National 38
Electric Code, as applicable. For purposes of this provision, “good cause” shall mean 39
circumstances have arisen that indicate the Facilities and associated Support Structures 40
have been damaged, are not functioning in compliance with applicable laws and 41
regulations, or otherwise pose a hazard to the public. If those Support Structures should 42
fail at any time to comply with applicable laws, regulations, and codes, the Provider or 43
Applicant, at either of their expense, shall cause those structures to be brought into 44
compliance with said laws, regulations, and codes within thirty (30) days of the date of 45
any written notice to them from the Director of non-compliance, or cease all personal 46
wireless service operations related to those structures until the Applicant or Provider 47
comes into full compliance with said laws and regulations. If within ninety (90) days of 48
the date of written notice of non-compliance the Applicant has not brought the structure 49
into compliance, the City may remove said structures from the Right-of-Way in 50
accordance with this article. 51
52
(5) The Facilities and associated Support Structures must be maintained in good and 53
safe condition. 54
55
(6) Each Applicant or Provider that applies for a permit to place Facilities (including the 56
Accessory Equipment) and Support Structures on the Right-of-Way and installs and 57
utilizes those structures shall defend, indemnify and hold the City and its employees or 58
officials, harmless from all demands, losses, expenses (including attorney’s fees and 59
court costs), claims for personal injury or property damage, judgments or liabilities of 60
any type that may be asserted or claimed against the City (or its employees or officials) 61
by any third person, firm or entity that arise out of or relate in any manner to the following: 62
Agenda Item 3
(a) the installation, construction, maintenance, location, use or operation of the 1
permitted Facilities, Accessory Equipment or any Support Structure on or about 2
the Right-of-Way; and/or (b) the failure of the Provider or Applicant to perform 3
any of their respective responsibilities, obligations and permit requirements in this 4
ordinance. Notwithstanding the foregoing, the Provider or Applicant shall not be 5
obligated to indemnify the City for City claims resulting from the negligence or 6
willful acts of the City (or its representatives). 7
8
(7) Franchise Agreements for Other Uses of Right-of-Way. This Ordinance regulates 9
the placement of DAS and/or Small Cell Technology Facilities (and associated 10
Accessory Equipment) on or in the immediate vicinity of Support Structures that are 11
located or proposed to be located on the Right-of-Way or private property. No provision 12
of this ordinance is intended to permit, regulate or authorize the placement by a Provider 13
or Applicant of fiber optic lines, coaxial cable, switches, pedestals or networking 14
equipment of any type that is used to transport telecommunication signals, data or 15
messages between Support Structures or between any other points on the Right-of-16
Way. In the event any such Provider or Applicant desires to place telecommunications 17
equipment or Facilities along the Right-of-Way at points not regulated by this Ordinance, 18
the City may enter into franchise or similar agreement that authorizes, governs and 19
applies to such use of other locations on or along the Right-of-Way. 20
21
(8) All contractors and subcontractors doing work in the city limits must have a current 22
City of Prattville business license. 23
24
SECTION 4. Compensation. 25
26
A. Permit and License Fees. The Applicant for a permit to place Facilities or associated Support 27
Structures on the Right-of-Way shall pay the following types of fees: 28
29
(1) for Facilities, a $500.00 non-recurring permit application fee that may include up to 30
five (5) Facilities, with an additional $100.00 for each Facility beyond five and up to ten; 31
each location in a combined application shall be required to receive a unique permit per 32
location and be limited to a geographic area with a diameter no greater than one (1) 33
mile; or 34
35
(2) for Support Structures (i.e., a new pole, and not a collocation, intended to support 36
one or more Small Wireless Facilities) a $1,000.00 non-recurring permit application fee; 37
and 38
39
(3) a $270.00 annual license fee per Small Wireless Facility due on or before December 40
31 every year the Facility remains in operation, except as provided. 41
42
B. Annual License Fee Payments. In the first year of this Permit, the Provider’s or Applicant’s 43
annual license fee shall be due upon completion of a structure or installation and payable within 44
thirty (30) days therefrom and are not prorated. In the first year of this Permit, the license fee 45
shall be $270.00 for Facilities completed and/or installed between January 1 and June 30 and 46
shall be $135.00 for Facilities completed and/or installed between July 1 and December 31. 47
Thereafter, the Provider’s or Applicant’s annual license fee payable under Section 4A(3) shall 48
be due and payable to the City annually on or before December 31 for the following calendar 49
year. All payments due under this Permit shall be made to the City of Prattville. 50
51
C. Annual license fee payments not received by the City on or before the due date shall be 52
assessed interest of one percent (1%) per month commencing on the first day after the due 53
date. Failure to make full payment including applicable interest charges, after thirty (30) days 54
advance written notice, within sixty (60) days of the applicable payment date shall constitute a 55
violation of this Permit. 56
57
D. Annual license fee payments must be accompanied by proof of insurance documentation 58
as required in Section 3.D. (1)(a), Section 3.D. (1)(b), and Section 3.D. (1)(c). 59
60
Agenda Item 3
SECTION 5. Removal, Relocation or Modification of Small Wireless Facility in the Right-1
of-Way. 2
3
1. Ninety (90) Day Notice to Remove, Relocate or Modify. Whenever the City reasonably 4
determines that the relocation is needed as described below, then within ninety (90) 5
days following written notice from the City, the Applicant shall, at its own expense, 6
protect, support, temporarily or permanently disconnect, remove, relocate, change or 7
alter the position of any small wireless Facilities within the Right-Of-Way whenever the 8
City has determined that such removal, relocation, change or alteration, is reasonably 9
necessary for (excluding beautification-only projects), as follows: 10
11
a. the construction, repair, maintenance, or installation of any City improvement 12
in or upon, or the operations of the City in or upon, the Right-Of-Way; and/or 13
14
b. if required for the construction, completion, repair, relocation, or maintenance 15
of a City improvement or project in or upon, or the operations of the City in or 16
upon, the Right-Of-Way; and/or 17
18
c. because the small cell Facility or its related equipment is interfering with or 19
adversely affecting proper operation of any City-owned light poles, traffic signals, 20
or other equipment in the Public Way; and/or 21
22
d. to protect or preserve the public health or safety. 23
24
e. In any such case, the City shall use its best efforts to afford Applicant a 25
reasonably equivalent alternate location. If Applicant shall fail to relocate any 26
Equipment as requested by the City within a reasonable time under the 27
circumstances in accordance with the foregoing provision, the City shall be 28
entitled to relocate the Equipment at Applicant's sole cost and expense, without 29
further notice to Applicant. If, at any time during the Term for which the permit is 30
granted, the City determines that utility Facilities will be placed underground in 31
an area including any City-owned Facilities upon which Applicant has installed 32
Equipment, Applicant and the City will cooperate in good faith on the design and 33
installation, at Applicant's costs, of suitable replacement of Applicant's Facilities, 34
including decorative streetlight poles; provided that the City may not require an 35
electric utility that is regulated by the Alabama Public Service Commission to 36
move, remove, relocate, or modify its facilities, poles, attachments, or equipment, 37
at its cost, in violation of the rules and regulations of the Alabama Public Service 38
Commission; and Applicant agrees that if reasonably required by the City 39
Engineer or his designee in order to ensure appropriately even and level lighting 40
within a previously unlighted area, additional Facilities, which may include 41
decorative streetlight poles beyond or more numerous than those required for 42
Applicant's Facilities, shall be installed. Applicant agrees that decorative 43
streetlight poles may be required by the City in the future in the place of initially-44
installed standard-design streetlight poles, in which replacement of the 45
Applicant's Facilities and Equipment on decorative streetlights that were initially 46
installed standard-design streetlight poles shall be solely at Applicant's cost. 47
Further, Applicant agrees that in such instances and at such time as replacement 48
poles are installed, the City may reasonably require that the configuration and/or 49
location of ground furniture (which references any equipment on the ground that 50
is needed to supply power or backhaul services to the small cell Facility) and/or 51
pole-mounted equipment or equipment cages be changed (such as changing 52
from pole-mounted equipment cages to ground furniture), in the discretion of the 53
City. 54
55
2. Emergency Removal or Relocation of Facilities. The City retains the Right and 56
privilege to cut or move any small wireless Facility or related structure located within the 57
Right-of-Way of the City, as the City may determine to be necessary, appropriate or 58
useful in response to any public health or safety emergency. If circumstances permit, 59
the City shall notify the Applicant and provide the Applicant an opportunity to move its 60
own Facilities, if possible, prior to cutting electrical service or removing a Facility and 61
shall notify the wireless Provider after cutting or removing a small wireless Facility. 62
63
64
Agenda Item 3
SECTION 6. Abandonment of Facilities on Right-of-Way. 1
2
A. If a Provider or Applicant abandons any Facility (including the Accessory Equipment) or an 3
associated Support Structure (collectively “Facilities” for purposes of this Section) that is 4
located on the Right-of-Way, the Provider shall notify the Director in writing, within thirty (30) 5
days of the abandonment, and the following rights and obligations shall exist. The City may 6
require the Provider or Applicant, at their expense, to remove and reclaim the abandoned 7
Facilities within six (6) months from the date of written notice of abandonment given by the City 8
to them and to reasonably restore the condition of the property at which the Facilities are 9
located to that existing before they were installed. If the Provider or Applicant fails to remove 10
and reclaim its abandoned Facilities within such six (6) month period and the Facilities are 11
located on the Right-of-Way, the City shall have the rights to: 12
13
(1) remove them and charge its expense of any such removal operation to the account 14
of the Provider or Applicant; 15
16
(2) at the City’s discretion, either resell the abandoned Facilities to a third party or 17
dispose and salvage them; provided that the net proceeds of any resale of abandoned 18
Facilities by the City to a third party shall be credited to the account of the Applicant or 19
Provider that used those Facilities before the abandonment, and 20
21
(3) charge any expense incurred by the City to restore the Right-of-Way to the account 22
of the Provider or Applicant. 23
24
SECTION 7. Non-Applicability. 25
26
The placement of an antenna(s), facilities or equipment related to the following types of wireless 27
communication services are exempt from regulation under this ordinance: 28
29
(a) amateur radio service that is licensed by the FCC if the facilities related thereto are 30
not used or licensed for any commercial purpose; and 31
32
(b) facilities used by any federal, state or local government or agency to provide safety 33
or emergency services, including traffic signals and telecommunications equipment. 34
Further, the provisions in this Chapter are supplemental to, and not intended to alter, 35
affect or modify any other provisions in the City of Prattville ordinances that may be 36
applicable to the placement or use of macro Telecommunications Tower. 37
38
Nothing in this Ordinance shall be construed to apply to the attachments, equipment, facilities, 39
or business activities of an electric utility that is regulated by the Alabama Public Service 40
Commission. This Ordinance also does not apply to the attachments, equipment, facilities, or 41
business activities of such electric utility’s parents, affiliates, or subsidiaries when they are 42
acting in support of the electric utility. 43
44
SECTION 8. Posting of Permits. 45
46
At all times while work or construction is in progress, the issued placard must be located at or 47
near the work or construction site and shall be visible from the street. 48
49
SECTION 9. Suspension; Revocation of Permit. 50
51
If work under an issued permit fails to conform to the conditions of the permit or the 52
requirements of this Ordinance or existing ordinances of the City of Prattville, and such 53
nonconformance is not cured within seven (7) days of notice from the City, the permit may be 54
revoked or suspended. If the permit is suspended, work shall be stopped until the permittee 55
gives assurance to the Director of his or her ability and intention to complete the work in 56
accordance with the conditions of the permit and this Ordinance and the other ordinances of 57
the City. Any notice of revocation, suspension or stop work order shall be delivered in writing 58
to the permittee or his or her designee or to a representative of the permittee, such as the 59
Agenda Item 3
project manager or the person who is overseeing or managing the work or construction and 1
shall state the reasons for such action. 2
3
SECTION 10. Liability of the City. 4
5
Neither the City nor any officer or employee thereof shall be held responsible for any damages 6
caused by any work or construction in any street, alley, sidewalk, right-of-way, or other public 7
place made by any person under the authority of a permit issued pursuant to the provisions of 8
this Ordinance. The permittee shall be solely liable for any damage or loss occasioned by any 9
act or omission occurring in connection with such work or construction, and shall fully 10
indemnify, hold harmless and defend the City, its officers, officials, and employees from and 11
against any and all suits, actions, judgments, losses, costs, demands, claims, expenses 12
(including attorney’s fees), damages, and liabilities of every kind to which the City and its 13
officers, officials, and employees may be subjected for injury of any type, death or property 14
damage arising from or connected with any such act or omission. The City shall promptly notify 15
a permittee, at the address(es) set forth in the permit, of any claim or suit served upon the City 16
and alleging negligent or wrongful conduct by the permittee in connection with work or 17
construction that is the subject of a permit. 18
19
SECTION 11. Violations and Penalties. 20
21
A. Any person or entity violating any of the provisions of this Article shall be guilty of a 22
misdemeanor. Each person shall be deemed guilty of a separate offense for each day or portion 23
thereof during which that person knowingly commits any violation of any of the provisions of 24
this Article is committed. Upon conviction of any such violation, said violator(s) shall be 25
punished by a fine of not more than five hundred dollars ($500.00) for each such violation. 26
27
B. No person or entity who has violated any provision of this Article shall be issued another 28
permit hereunder, nor shall any contractor or agent apply for or be issued such a permit on 29
such person’s behalf, until the outstanding violation is corrected or a plan for correction is 30
approved by the Director, which approval shall not be unreasonably withheld. The foregoing 31
requirement or penalty is in addition to any penalty or remedy for violation that may be imposed 32
or sought by the City at law or equity. 33
34
SECTION 12. Other Ordinances; Severability. 35
36
A. All provisions of the ordinances of the City of Prattville in direct conflict with the provisions 37
of this Ordinance are subordinated to this Ordinance and all other provisions of the ordinances 38
of the City of Prattville not in conflict with the provisions of this Ordinance shall remain in full 39
force and effect. 40
41
B. If any sentence, paragraph, subdivision, clause, phrase, or section of this Ordinance or the 42
application thereof to any person or circumstances be adjudged or held to be unconstitutional, 43
illegal, invalid, or unenforceable by a court of competent jurisdiction, such finding or such 44
invalidity shall not serve as an invalidation or affect the validity or enforceability of any other 45
section or provision of this Ordinance and to this end, the provisions of this Ordinance are 46
declared to be severable. Such an invalid sentence, paragraph, subdivision, clause, phrase, or 47
section shall also not affect the validity of the Code of Ordinances as a whole. 48
49
ADOPTED THIS 20th DAY OF APRIL, 2021. 50
51
52
______________________________ 53
By: Gerald “Jerry” Starnes, President 54
Prattville City Council 55
56
AUTHENTICATED 20TH DAY OF APRIL, 2021. 57
58
59
______________________________ 60
By: Lisa Terrill 61
City Clerk 62
Agenda Item 3
APPROVED: 1
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3
______________________________ 4
By: Bill Gillespie, Jr. 5
Mayor 6
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ORDINANCE BOOK 2021, PAGE ___59
Agenda Item 4
ORDINANCE 1
2
[To Extend the Temporary Moratorium on Permits and Approvals for Multi-Family (Apartment) 3
Developments.] 4
5
{Sponsored By: Councilor Gornto} 6
7
WHEREAS, the City Council of the City of Prattville adopted Ordinance Book 2020, 8
Page 028 on December 15, 2020, establishing a temporary moratorium on the issuance of 9
building permits for multi-family or apartment developments; and 10
WHEREAS, the temporary moratorium is set to expire April 30, 2021; and 11
WHEREAS, the Prattville Planning Commission adopted Project Prattville 2040, the 12
updated comprehensive plan, at their April 15, 2021, meeting; and 13
WHEREAS, the Prattville Planning Commission is in the process of re-writing the 14
zoning ordinance; and 15
WHEREAS, the temporary moratorium needs to be extended until the zoning 16
requirements are updated and adopted by the Council. 17
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Prattville, 18
that in order to protect the public health, safety, and welfare, it is in the best interest of the 19
City to extend the temporary moratorium on the issuance of building permits or other 20
approval for any multi-family or apartment development consisting of three or more dwelling 21
units. 22
BE IT FURTHER ORDAINED that the extended moratorium shall continue through 23
December 31, 2021, unless terminated or extended by action of the City Council. Provided 24
that multi-family developments that have received an approved building permit prior to the 25
effective date of Ordinance No. 2020-028 may proceed as allowed by the terms of the permit 26
and applicable rules and regulations. Also, this moratorium does not apply to changes in 27
zoning or to permits for remodel or repair that does not add to the current number of 28
bedrooms or units, or expand the current size of the development. 29
ADOPTED THIS 20TH DAY OF APRIL, 2021. 30
31
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______________________________ 33
By: Gerald “Jerry” Starnes, President 34
Prattville City Council 35
36
AUTHENTICATED 20TH DAY OF APRIL, 2021. 37
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______________________________ 40
By: Lisa Terrill 41
City Clerk 42
Agenda Item 4
1
APPROVED: 2
3
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______________________________ 5
By: Bill Gillespie, Jr. 6
Mayor 7
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ORDINANCE BOOK 2021, PAGE ___64
Agenda Item 5
RESOLUTION 1
2
[To Release Funds for the Purchase of One (1) 2021 RAM 2500 Crew Cab 4x4 Truck 3
through State Bid T191 from Stivers Chrysler Dodge Jeep Ram for the Urban Management 4
Division at a Cost Not to Exceed $29,859.00.] 5
6
{Sponsored By: Council President Pro Tempore Boone} 7
8
WHEREAS, there is a need for one (1) 2021 RAM 2500 Crew Cab 4x4 Truck in 9
10
the Public Works/Urban Management Division; and 11
12
WHEREAS, said truck is available through State Bid Number T191 from Stivers 13
14
Chrysler Dodge Jeep Ram at a cost not to exceed $29,859.00; and 15
16
WHEREAS, this is a budgeted expense for the Public Works/Urban Management 17
18
Division. 19
20
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Prattville that 21
22
funds in an amount not to exceed $29,859.00 for the purchase of said truck are hereby 23
24
authorized and approved to be paid to Stivers Chrysler Dodge Jeep Ram, and said funds are 25
26
approved and appropriated from FY2021 Budget Line Item Urban Management/Capital Outlay. 27
28
ADOPTED THIS 20TH DAY OF APRIL, 2021. 29
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______________________________ 32
By: Gerald “Jerry” Starnes, President 33
Prattville City Council 34
35
AUTHENTICATED 20TH DAY OF APRIL, 2021. 36
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______________________________ 39
By: Lisa Terrill 40
City Clerk 41
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APPROVED: 43
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______________________________ 46
By: Bill Gillespie, Jr. 47
Mayor 48
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RESOLUTION BOOK 2021, PAGE ___64
Agenda Item 6
RESOLUTION 1
2
[To Release Funds for the Purchase of a CUES MPlus Lateral Inspection System from 3
CUES, Inc. for the Wastewater Division at a Net Cost Not to Exceed $11,151.00.] 4
5
{Sponsored By: Councilor Striplin} 6
7
WHEREAS, there is a need for a CUES MPlus Lateral Inspection System in the 8
9
Public Works/Wastewater Division; and 10
11
WHEREAS, said inspection system is available from CUES, Inc. at a cost not to 12
13
exceed $11,151.00; and 14
15
WHEREAS, this is a budgeted expense for the Public Works/Wastewater Division. 16
17
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Prattville 18
19
that funds in an amount not to exceed $11,151.00 for the purchase of said CUES MPlus 20
21
Lateral Inspection System are hereby authorized and approved to be paid to CUES, Inc. and 22
23
said funds are approved and appropriated from FY2021 Budget Line Item Wastewater 24
25
Enterprise Fund/Capital Outlay. 26
27
ADOPTED THIS 20TH DAY OF APRIL, 2021. 28
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______________________________ 31
By: Gerald “Jerry” Starnes, President 32
Prattville City Council 33
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AUTHENTICATED 20TH DAY OF APRIL, 2021. 35
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______________________________ 38
By: Lisa Terrill 39
City Clerk 40
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APPROVED: 42
43
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______________________________ 45
By: Bill Gillespie, Jr. 46
Mayor 47
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RESOLUTION BOOK 2021, PAGE ___64
Agenda Item 7
RESOLUTION 1
2
[To Release Funds for the Purchase of One (1) 2021 RAM 2500 Crew Cab 4x4 Truck 3
through State Bid T191 from Stivers Chrysler Dodge Jeep Ram for the Wastewater Division 4
at a Cost Not to Exceed $29,859.00.] 5
6
{Sponsored By: Councilor Striplin} 7
8
WHEREAS, there is a need for one (1) 2021 RAM 2500 Crew Cab 4x4 Truck in 9
10
the Public Works/Wastewater Division; and 11
12
WHEREAS, said truck is available through State Bid Number T191 from Stivers 13
14
Chrysler Dodge Jeep Ram at a cost not to exceed $29,859.00; and 15
16
WHEREAS, this is a budgeted expense for the Public Works/Wastewater Division. 17
18
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Prattville 19
20
that funds in an amount not to exceed $29,859.00 for the purchase of said truck are hereby 21
22
authorized and approved to be paid to Stivers Chrysler Dodge Jeep Ram, and said funds are 23
24
approved and appropriated from FY2021 Budget Line Item Wastewater Enterprise 25
26
Fund/Capital Outlay. 27
28
ADOPTED THIS 20TH DAY OF APRIL, 2021. 29
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______________________________ 32
By: Gerald “Jerry” Starnes, President 33
Prattville City Council 34
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AUTHENTICATED 20TH DAY OF APRIL, 2021. 36
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______________________________ 39
By: Lisa Terrill 40
City Clerk 41
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APPROVED: 43
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______________________________ 46
By: Bill Gillespie, Jr. 47
Mayor 48
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RESOLUTION BOOK 2021, PAGE ___ 64