DRAFT 2023.03.21 CC PacketAGENDA
PRATTVILLE CITY COUNCIL
TUESDAY, MARCH 21, 2023
A PLEDGE OF ALLEGIANCE TO THE AMERICAN FLAG:
INVOCATION:
CALL TO ORDER:
THE CHARACTER TRAIT OF THE MONTH IS PERSUASIVENESS: Effectively
communicating with others so they can better understand.
APPROVAL OF MINUTES: Special Called City Council Meeting, Public Hearing and City
Council Meeting March 7, 2023, and the Work Session on March 14, 2023
COMMENTS FROM PERSONS PRESENT REGARDING TONIGHT'S AGENDA:
MAYOR'S REPORT:
REPORT FROM COUNCIL ON SPECIAL COMMITTEES:
REPORT ON THE STATUS OF CITY FINANCES:
RESOLUTION: To Certify Thomas "Tommy" Merrick as Councilor of District 4 for the
Remainder of the 2020-2024 Quadrennium. {Sponsored By: Council President Boone}
CONSENT AGENDA
1. RESOLUTION: To Set a Public Hearing for a Lounge Retail Liquor - Class II (Package)
License for Tigers Pride Market, Inc. d/b/a Lions Pride 113. {Sponsored By: Council President
Boone}
2. RESOLUTION: To Set a Public Hearing for Consideration of the Revocation of Cloud 9
Hookah Lounge's Business License. {Sponsored By: Councilor Gornto}
3. RESOLUTION: To Surplus One (1) Drone from the Police Department. {Sponsored By:
Council President Pro Tempore Strichik}
AGENDA
1. RESOLUTION: To Grant a Lounge Retail Liquor — Class I License for The Assembly Cigar
Lounge LLC d/b/a The Assembly Cigar Lounge. {Sponsored By: Councilor Gornto}
2. RESOLUTION: To Ratify and Affirm the Renewal of the Levy of 7 Mills Ad Valorem Tax in
the City of Prattville. {Sponsored By: Councilor Chambers}
3. RESOLUTION: To Amend the Budget and Award Bid No. 023-006 to Global Rental Co., Inc.
for the Purchase of One (1) 2017 Ford F550 Bucket Boom Truck for the Engineering
Department at a Cost Not to Exceed $76,850.00. {Sponsored By: Councilor Jackson}
4. ORDINANCE: To Amend Chapter 46 - Nuisances, Article V. - Weed Control. {Sponsored
By: Council President Pro Tempore Strichik}
5. RESOLUTION: To Authorize the Mayor to Enter into an Agreement with Krebs Engineering,
Inc. for Engineering Services for Alabama Department of Transportation Project No. TAPMN-
TA23(934) for Sidewalk Improvements Along Doster Road for the Engineering Department at
a Cost Not to Exceed $50,000.00. {Sponsored By: Councilor Jackson}
6. RESOLUTION: To Authorize the Mayor to Enter into an Agreement with Civil Southeast LLC
for Engineering Services for Alabama Department of Transportation Project No. TAPAA-
TA23(923) for Sidewalk Improvements Along Old Farm Lane at a Cost Not to Exceed
$72,300.00 (Net Cost to City Not to Exceed $14,460.00). {Sponsored By: Councilor Jackson}
COMMENTS FROM PERSONS PRESENT:
CLOSING COMMENTS:
ADJOURN:
The next City Council meeting is scheduled for Tuesday, April 4, 2023.
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RESOLUTION
[To Certify Thomas "Tommy" Merrick as Councilor of District 4 for the Remainder of the 2020-
2024 Quadrennium.]
{Sponsored By: Council President Boone)
WHEREAS, the City of Prattville has a vacancy on the City Council in District 4 due to
the resignation of Gerald "Jerry" Starnes, which was effective November 9, 2022; and
WHEREAS, the City Council declared said vacancy in Resolution Book 2022-13, Page
232 on November 15, 2022; and
WHEREAS, said resolution stated that the City Council intended to hold a Special
Municipal Election to fill said vacancy; and
WHEREAS, in Resolution Book 2022-13, Page 252 on December 20, 2022, the Special
Municipal Election was announced and subsequently held on Tuesday, February 28, 2023; and
WHEREAS, Thomas "Tommy" Merrick was certified as receiving a majority of the votes
cast on February 28, 2023, for the position of Councilor of District 4; and
WHEREAS, Thomas "Tommy" Merrick was declared as duly elected to said position at
the Canvass Meeting held at 7:00 a.m. on March 7, 2023, for the remainder of the 2020-2024
Quadrennium.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Prattville
hereby certifies that Thomas "Tommy' Merrick will fill the unexpired term of Gerald "Jerry"
Starnes for Councilor of District 4 for the remainder of the 2020-2024 Quadrennium and said
certification shall become effective upon Thomas "Tommy" Merrick being duly sworn.
ADOPTED THIS 21ST DAY OF MARCH, 2023.
By: Lora Lee Boone, President
Prattville City Council
AUTHENTICATED THIS 21ST DAY OF MARCH, 2023.
Paula G. Barlow
City Clerk
APPROVED:
Bill Gillespie, Jr.
Mayor
RESOLUTION BOOK 2023, PAGE
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RESOLUTION
[To Set a Public Hearing for a Lounge Retail Liquor - Class 11 (Package) License for
Tigers Pride Market, Inc. d/b/a Lions Pride 113.]
{Sponsored By: Council President Boone}
WHEREAS, on January 1, 1997, the City of Prattville adopted Ordinance Book 97, Page
002, for the purpose of setting public hearings to allow public comment for licenses, including
Lounge Retail Liquor — Class I I (Package) Licenses; and
WHEREAS, Tigers Pride Market, Inc. d/b/a Lions Pride 113 located at 1405 South
Memorial Drive, Prattville, AL 36067, has made application for said license.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Prattville
hereby sets a Public Hearing at 6:00 p.m. on April 18, 2023, in the Council Chambers at City
Hall for said license application.
ADOPTED THIS 21ST DAY OF MARCH, 2023.
By: Lora Lee Boone, President
Prattville City Council
AUTHENTICATED THIS 21ST DAY OF MARCH, 2023.
By: Paula G. Barlow
City Clerk
APPROVED:
By: Bill Gillespie, Jr.
Mayor
RESOLUTION BOOK 2023, PAGE
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RESOLUTION
[To Set a Public Hearing for Consideration of the Revocation of Cloud 9 Hookah Lounge's
Business License.]
{Sponsored By: Councilor Gornto}
WHEREAS, Section 38-318 of the City of Prattville Code of Ordinances authorizes the
City Council of the City of Prattville to revoke or suspend a business license when any licensee,
agent, servant or employee of a business violates any ordinance of the City or any statute of
the State; and
WHEREAS, Section 38-318 of the City of Prattville Code of Ordinances further
authorizes the City Council to revoke a business license when any licensee, agent, servant or
employee under color of such license violates, aids, abates in violating, or knowingly
permits any ordinance of the City or statute of the State to be violated; and
WHEREAS, Cloud 9 Hookah Lounge has had several incidents involving firearms, the
discharging of firearms and numerous fights inside and outside of the business that has created
a nuisance or circumstances that are detrimental to the public health, safety, and welfare of
patrons of the business, innocent citizens, residential areas, and law enforcement.
NOW, THEREFORE, BE IT RESOLVED THAT:
1. the business licensee of Cloud 9 Hookah Lounge is ordered to appear before the City
Council of the City of Prattville at a Public Hearing at 6:00 p.m. on April 4, 2023, in
Council Chambers at Prattville City Hall; and
2. the 10-day notice, as required by Section 38-318 of the City of Prattville Code of
Ordinances, will be provided by certified mail to the address listed on the business
license.
ADOPTED THIS 21ST DAY OF MARCH, 2023.
By: Lora Lee Boone, President
Prattville City Council
AUTHENTICATED THIS 21ST DAY OF MARCH, 2023.
By: Paula G. Barlow
City Clerk
APPROVED:
By: Bill Gillespie, Jr.
Mayor
RESOLUTION BOOK 2023, PAGE
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RESOLUTION
[To Surplus One (1) Drone from the Police Department.]
{Sponsored By: Council President Pro Tempore Strichik}
WHEREAS, the City of Prattville Police Department has an item of personal property
which is no longer needed for public or municipal purposes; and
WHEREAS, §11-43-56, Code of Alabama, 1975, as amended, authorizes the municipal
governing body to dispose of unneeded personal property.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Prattville, that
the following personal property owned by the City is no longer needed for public or municipal
purposes, and said property shall be removed from the inventory of the Police Department:
DJI Phantom 2 Vision PV330 (08-902) Serial Number: PH645290084 V1.4
BE IT FURTHER RESOLVED that the City Council instructs the Mayor to sell said
property through GovDeals.com and that proceeds for said property be deposited into the
General Fund. If said property is determined to be of no value, the Mayor has the authority to
scrap or dispose of said property for and on behalf of the City.
ADOPTED THIS 21ST DAY OF MARCH, 2023.
By: Lora Lee Boone, President
Prattville City Council
AUTHENTICATED THIS 21ST DAY OF MARCH, 2023.
By: Paula G. Barlow
City Clerk
APPROVED:
By: Bill Gillespie, Jr.
Mayor
RESOLUTION BOOK 2023, PAGE
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RESOLUTION
[To Grant a Lounge Retail Liquor — Class I License for The Assembly Cigar Lounge LLC
d/b/a The Assembly Cigar Lounge.]
{Sponsored By: Councilor Gornto}
WHEREAS, The Assembly Cigar Lounge LLC d/b/a The Assembly Cigar Lounge has
applied for a Lounge Retail Liquor — Class I License for a business located at 740 East Main
Street, Suite 8, Prattville, Alabama, 36067; and
WHEREAS, a Public Hearing was set by Resolution Book 2023, Page 028, and held at
6:00 p.m. on March 21, 2023, and that at such time and place all persons who desired had an
opportunity to be heard in favor of or in opposition to such resolution.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Prattville
hereby approves the issuance of a Lounge Retail Liquor — Class I License to The Assembly
Cigar Lounge LLC d/b/a The Assembly Cigar Lounge, for the business located at 740 East
Main Street, Suite 8, Prattville, Alabama, 36067.
ADOPTED THIS 21ST DAY OF MARCH, 2023.
By: Lora Lee Boone, President
Prattville City Council
AUTHENTICATED 21ST DAY OF MARCH, 2023.
By: Paula G. Barlow
City Clerk
APPROVED:
By: Bill Gillespie, Jr.
Mayor
RESOLUTION BOOK 2023, PAGE
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RESOLUTION
[To Ratify and Affirm the Renewal of the Levy of 7 Mills Ad Valorem Tax in the City of
Prattville.]
{Sponsored By: Councilor Chambers}
WHEREAS, under the provisions of §11-51-40, et seq., Code of Alabama, 1975, as
amended, it is necessary for the City Council of the City of Prattville to levy Ad Valorem taxes
on property situated in the City of Prattville for the ensuing tax year; and
WHEREAS, the City Council adopted Ordinance Book 95, Page 012 (To Confirm 7 Mills
Ad Valorem Tax in the City of Prattville) on April 18, 1995.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Prattville
hereby ratifies and affirms Ordinance Book 95, Page 012, for the levy of the Ad Valorem tax
rate for Fiscal Year 2023.
ADOPTED THIS 21ST DAY OF MARCH, 2023.
By: Lora Lee Boone, President
Prattville City Council
AUTHENTICATED THIS 21ST DAY OF MARCH, 2023.
By: Paula G. Barlow
City Clerk
APPROVED:
By: Bill Gillespie, Jr.
Mayor
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RESOLUTION
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[To Amend the Budget and Award Bid No. 023-006 to Global Rental Co., Inc. for the
Purchase of One (1) 2017 Ford F550 Bucket Boom Truck for the Engineering Department at
a Cost Not to Exceed $76,850.00.]
{Sponsored By: Councilor Jackson}
WHEREAS, the City of Prattville Engineering Department has identified a need for one
(1) 2017 or newer Bucket Boom Truck; and
WHEREAS, the Engineering Department had specifications drafted for said truck; and
WHEREAS, two (2) sealed bids were received, opened and read on March 13, 2023, at
2:00 p.m. in the Council Chambers at City Hall, and Global Rental Co., Inc. was the lowest
responsible bidder at a cost of $76,850.00 for said truck; and
WHEREAS, the Finance Director has identified a certain sum of surplus funds available
for departments that came in under budget in prior fiscal years.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Prattville, that
the FY2023 Budget is hereby amended as follows:
Decrease Engineering/ Departmental Reserves
Increase Engineering/ Capital Outlay
$76,850.00
$76,850.00
BE IT FURTHER RESOLVED by the City Council that Bid No. 023-006 is hereby
awarded to Global Rental Co., Inc. in an amount not to exceed $76,850.00 for said truck, and
said funds are approved and appropriated from the FY2023 Budget Line Item Engineering/
Capital Outlay.
ADOPTED THIS 21ST DAY OF MARCH, 2023.
By: Lora Lee Boone, President
Prattville City Council
AUTHENTICATED THIS 21ST DAY OF MARCH, 2023.
By: Paula G. Barlow
City Clerk
APPROVED:
By: Bill Gillespie, Jr.
Mayor
RESOLUTION BOOK 2023, PAGE
ORDINANCE
3 [To Amend Chapter 46 - Nuisances, Article V. - Weed Control.]
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5 {Sponsored By: Council President Pro Tempore Strichik}
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7 BE IT ORDAINED by the City Council of the City of Prattville that Chapter 46,
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9 Nuisances, Article V. - Weed Control, is amended as follows:
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11 ARTICLE V. - WEED CONTROL
12 DIVISION 1. - GENERALLY
13 Sec. 46-111. - Purpose of article.
14 In order to serve the public health, safety and welfare, the declared purpose of this article
15 is to prohibit and order the abatement of certain public nuisances within the City which are
16 defined by this article.
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18 Sec. 46-112. - Definitions.
19 The following words, terms and phrases, when used in this article, shall have the meanings
20 ascribed to them in this section, except where the context clearly indicates a different meaning:
21 Excluded properties means those properties which are in a heavily wooded area, areas in
22 their natural state (i.e., not previously developed in any manner), property under current
23 construction and farm properties. A lot or premises of more than five acres, including
24 subdivisions in which no lots have been sold or occupied, shall be considered farm property
25 and exempt from cutting or mowing; except that each such designated farm property, when
26 such property is not under cultivation for useful purposes, shall be required to maintain an area
27 of 50 feet from the abutting property lines of abutting residential or business property, and 50
28 feet from the street front, which area shall be in compliance with this article.
29 Owner or owners of property means the legal titleholder, lessee, occupant of property,
3o agent of the legal titleholder or lessee, person in charge, possession or control of such property.
31 Private property means real property owned by any individual, partnership, association,
32 syndicate, company, firm, trust, corporation, business or any entity recognized by law.
33 Public nuisance means any growth of weeds, wild bushes, grass or other vegetative growth
34 which exceeds 18 inches in height and which is injurious to the general public health, safety
35 and welfare by providing breeding grounds and shelter for rats, mice, snakes, mosquitoes and
36 other vermin, insects and pests; which obtains such heights and dryness so as to constitute
37 serious fire threats or hazards; which bear wingy or downy seeds, when mature, that cause the
38 spread of weeds and, when breathed, irritation to the throat, lungs and eyes of the public; which
39 hides debris, such as broken glass or metal, which could inflict injury on any person going upon
40 the property; or which is unsightly.
41 Vacant lots means any area of land that either has no structure upon it or has an
42 unoccupied structure, whether that unoccupied structure is business or residential, upon the
43 premises. A vacant lot will encompass adjoining and/or included easements, ditches and
44 alleyways.
45
46 Sec. 46-113. Removal of growth or accumulation of weeds, grass, etc.
47 (a) It shall be the duty of the owner, proprietor or person in charge or control of any premises
48 to keep the same, together with the adjacent sidewalk, clean and free from weeds, grass,
49 brush, or other unintentional vegetative growth. When such premises is not under
50 cultivation for useful and productive purposes, the owner, proprietor or person in charge
51 or control of any premises has a duty to keep the same free from weeds, brush or other
52 unintentional vegetative growth.
53 (b) It shall further be the duty of the owner, proprietor or person in charge or control of any
54 premises to cut or mow the weeds, brush and other vegetation growth and grass thereon
55 to a height of not more than 12 inches.
56 (c) A lot or premises of more than five acres, including subdivisions in which no lots have been
57 sold or occupied, shall be considered farm property and exempt from cutting or mowing;
58 except that each such designated farm property, when such property is not under
59 cultivation for useful purposes, shall be required to maintain an area of 50 feet from the
60 abutting property lines of abutting residential or business property, and 50 feet from the
61 street front, which area shall be in compliance with this article.
62 (d) Whenever any such premises in the City is not being maintained in the condition required
63 by this article, such lot, place or premises may be declared to be a public nuisance and
64 abated with the provisions of the laws of the state and ordinances of the City. Private
I property in violation of this article is a public nuisance and will be dealt with by the City
2 pursuant to the provision of this article and Code of Alabama, 1975, § 11-67-60 et seq.
3
4 Sec. 46-114. Notification and enforcement.
5 (a) Nuisance declaration. All weeds, wild bushes, grass or other vegetable growth located
6 upon the streets, sidewalks or upon private property in the City which bear seeds of a
7 wingy or downy nature or which attain such growth of 12 inches or taller which becomes a
s fire menace when dry or which are otherwise noxious or dangerous may be declared a
9 public nuisance by the council and, thereafter, abated as provided in this section.
10 (b) Nuisance resolution. Whenever any such weeds are growing upon any street, sidewalk or
11 private property, the City Council may, by resolution, declare the weeds to be a public
12 nuisance and order its abatement. Such resolution shall refer to the street by the name
13 under which it is commonly known, describe the property upon which or in front of which
14 the nuisance exists by giving a legal description thereto and no other description of the
15 property shall be required. Any number of streets, sidewalks or parcels of private property
16 may be included in one and the same resolution.
17 (c) Notice of hearing. After passage of such resolution, notice of a Public Hearing on the
18 matter shall be given by certified mail, return receipt requested, mailed 21 days prior to the
19 date of the hearing and shall inform the owner of the time, date and place of the hearing
20 and the reason therefor. The notice shall be mailed to the owner of the property as the
21 property appears on record in the tax assessor's office for the county. All notices shall
22 carry a list of names of persons and/or private contractors who perform such work and are
23 registered with the City Clerk. Such names shall not constitute a recommendation, and the
24 failure to include such a list shall in no way affect the operation of this article. Notice shall
25 also be given by publication in a newspaper of general circulation published in the
26 municipality once a week for two consecutive weeks. In addition, thereto, two signs shall
27 be conspicuously posted on the property. The wording of such signs shall not be less than
28 one inch in height and shall be in substantially the following form:
29 NOTICE TO DESTROY WEEDS
30 Notice is hereby given that on the day of _, 20 , at
31 a.m./p.m. in the council chambers, the council of the City of Prattville will consider a
32 resolution regarding the weeds growing upon or in front of the property on __
33 Street in the City of Prattville and more particularly described in said resolution, a copy of
34 which is on file in the office of the city clerk; and at that time and place will determine
35 whether the weeds constitute a public nuisance which shall be abated by the removal of
36 the noxious or dangerous weeds; and, if so, will order the abatement and removal of the
37 nuisance. If abatement and removal are ordered, the cost of abatement and removal and
38 any associated fines shall be assessed upon the lots and lands from which or in front of
39 which such weeds are removed, and the cost shall be added to the next regular bills for
40 taxes levied against the respective lots and lands for municipal purposes. The costs shall
41 be collected at the same time and in the same manner as ordinary municipal taxes are
42 collected. The costs shall be subject to the same councils and fees and the same
43 procedure for foreclosure and sale in case of delinquency as provided for ordinary
44 municipal taxes.
45 If no objections are filed with the City Clerk at least five days before the meeting of the
46 Council, and unless such person appears before the council in person or through his/her
47 representative to show cause, if any, why his/her objection should be sustained, it shall be
48 presumed that the person accepts the notice as fact and waives any rights he/she may
49 have to contest the removal of the weeds and the action of the council shall be final unless
50 good and sufficient cause can be otherwise shown.
51 Reference is hereby made to the resolution, on file in the office of the City Clerk, for
52 further particulars.
53 Dated this day of _, 20
54 City of Prattville, Alabama
55 City Clerk
56 The notice shall be posted at least seven days prior to the time for hearing objections by the
57 City Council.
58 (d) Objections. If objections are filed at the time stated in the notice, the City Council shall
59 hear and consider all evidence, objections and protests regarding the proposed removal
60 of weeds. The Council may continue the hearing from time to time. Upon the conclusion
61 of the hearing, the Council, by resolution, shall decide whether a public nuisance exists
62 and, if so, shall order it to be removed or abated with respect to any property or part of
63 such property described. The Council by passage of such resolution shall be deemed to
64 have acquired jurisdiction to proceed and either to perform or have performed the work of
I removal or abatement with respect to such property or part of such property. The decision
2 of the Council on the matter shall be deemed final and conclusive.
3 (e) Abatement. After the council passes the resolution finding the conditions of the property to
4 be a nuisance and ordering its abatement, all employees and duly authorized agents of
5 the City are hereby expressly authorized to enter upon private property to abate the
6 nuisance. The City Council and/or City of Prattville Code Enforcement may authorize
7 private contractors, companies, corporations, enterprises, or individuals to abate and
8 remove the nuisance. Those persons so designated are hereby authorized to enter upon
9 private property for purposes of abating or removing the nuisance. For purposes of this
10 article, compliance with the competitive bid law is not required. Any property owner shall
11 have the right to have such weeds removed at his own expense providing that the removal
12 is done prior to the commencing of the work by the employees or agents of the City to
13 remove such weeds. For nuisances that have been abated by the City Council, subsequent
14 violations occurring within three (3) years from the date of abatement are subject to the
15 repeat offender provision pursuant to Section 46-121.
16
17 Sec. 46-115. - Administrative procedures.
18 (a) Report of Costs. The City shall keep an account of the costs of abating or removing the
19 nuisance in front of or on each separate lot or parcel of land where the work is done by it
20 or its employees, or by a duly authorized private contractor, company, corporation,
21 enterprise or individual, and shall render an itemized report in writing to the council showing
22 the cost of removing the nuisance on each separate lot, or in front of the lot. Before the
23 report is submitted to the council, a copy of the report shall be posted for at least five days
24 prior thereto on or near the chamber door of the Council, together with a notice of the time
25 when the report shall be submitted to the council for confirmation.
26 (b) At the time fixed for receiving and considering the report, the Council shall hear the report,
27 together with any objections which may be raised by any of the property owners liable to
28 be assessed for the work of abating the nuisance and, thereupon, make such modifications
29 in the report as deemed necessary after which by resolution the report shall be confirmed.
30 The amounts of the cost for abating such nuisance in front of or upon the various parcels
31 of land mentioned in the report shall hereinafter be referred to as "weed liens" and shall
32 constitute a weed lien on the property for the amount of the weed liens, respectively. After
33 confirmation of the reports, a copy shall be given to the County Revenue Commissioner
34 who, under the "Optional Method of Taxation," is charged with the collection of the City's
35 municipal taxes pursuant to Article 1, Division 2, Chapter 51, of Title 11, Code of Alabama
36 1975, as amended. It shall be the duty of the County Revenue Commissioner to add the
37 amounts of the respective weed liens to the next regular bills for taxes levied against the
38 respective lots and parcels of land. Thereafter, such amounts shall be collected at the same
39 time and in the same manner as ordinary municipal ad valorem taxes are collected and
40 shall be subject to the same penalties and the same procedure under foreclosure and sale
41 ' in case of delinquency.
42
43 Secs. 46-116-46-120. - Reserved.
44
45 DIVISION 2. - WEED CONTROL REPEAT OFFENDERS
46 Sec. 46-121. - Notification and enforcement.
47 (a) Pursuant to Code of Alabama, 1975, § 11-67-68, as amended, when a public nuisance
48 exists that was previously abated or on which abatement has been attempted through the
49 process of posting notice on the property in accordance with the provisions of this chapter,
50 the owner of the property on which the nuisance is located shall remove all weeds, wild
51 bushes, grass or other unintentional vegetative growth located upon the streets, sidewalks
52 or upon private property in the City which bears seeds of a wingy or downy nature, or
53 which attain a growth height of 12 inches or taller, or which becomes a fire menace when
54 dry, or which provide habitat to rats, snakes or other disease vectors, or which are
55 otherwise noxious or dangerous. The code enforcement officer may declare the condition
56 to be a reoccurring public nuisance, for the purposes of abatement, and the code
57 enforcement officer's declaration shall be final.
58 (b) When the code enforcement officer does so declare the reoccurring condition to be a
59 nuisance, the City may take such actions as are necessary to abate the nuisance without
60 first adhering to the procedures set out in Code of Alabama, 1975, § 11-67-60 et seq., as
61 amended, including without a resolution by the Council declaring the condition to be a
62 public nuisance, without posting notice, without the Council hearing objections, and without
63 an order from the council for abatement. If a property has previously had a nuisance
64 abated by the Council, whether or not the City has taken action to cut the property or
1 otherwise remedy the nuisance, then this constitutes the initiation of repeat offender status.
2 Repeat offender status is applicable from the date of the initial abatement until either the
3 expiration of three (3) years or the date the property comes under new ownership, if
4 applicable. All necessary employees of the City and its contractors and designees are
5 expressly authorized to enter upon such properties as are necessary to abate the
6 nuisance.
7 (c) Before the City may abate the nuisance, however, the code enforcement officer shall send
s the owners of the property written notice by regular United States mail no less than ten
9 calendar days before the City acts to abate the nuisance. The notice shall (1) inform the
10 owners that the code enforcement officer has declared the property presents a nuisance;
11 (2) inform the owners that the City has previously abated such a nuisance, or it has
12 attempted to abate such a nuisance, on the property; (3) inform the owners that the
13 reasonable costs and fines of the abatement shall be assessed and collected as a special
14 assessment on taxes or lien against the property; (4) inform the owners that they may have
15 any nuisance removed at their own expense prior to the arrival of the employees,
16 contractors, or designees assigned by the City to abate the nuisance; and (5) inform the
17 owners that no further notices will be sent by the city for a period of three (3) years, other
18 than a ten (10) day notice of violation.
19
20 Sec. 46-122. - Administrative procedures.
21 (a) When properties that have required repeated maintenance of noxious and overgrown
22 grass and weeds are abated by the City, as set forth in this article, the City shall keep an
23 account of the costs of abating or removing the nuisance in front of or on each separate
24 lot or parcel of land where the work is done by it or its employees, or by a duly authorized
25 private contractor, company, corporation, enterprise or individual, and shall render an
26 itemized report in writing to the council showing the cost of removing the nuisance on each
27 separate lot, or in front of the lot. Before the report is submitted to the Council, a copy of
28 the report shall be posted for at least five days prior thereto on or near the chamber door
29 of the Council, together with a notice of the time when the report shall be submitted to the
30 council for confirmation.
31 (b) At the time fixed for receiving and considering the report, the Council shall hear the report,
32 together with any objections which may be raised by any of the property owners liable to
33 be assessed for the work of abating the nuisance and, thereupon, make such modifications
34 in the report as deemed necessary after which by resolution the report shall be confirmed.
35 The amounts of the cost for abating such nuisance in front of or upon the various parcels
36 of land mentioned in the report shall hereinafter be referred to as "weed liens" and shall
37 constitute a weed lien on the property for the amount of the weed liens, respectively. After
38 confirmation of the reports, a copy shall be given to the County Revenue Commissioner
39 who, under the "Optional Method of Taxation," is charged with the collection of the city's
40 municipal taxes pursuant to Article 1, Division 2, Chapter 51, of Title 11, Code of Alabama,
41 1975, as amended. It shall be the duty of the County Revenue Commissioner to add the
42 amounts of the respective weed liens to the next regular bills for taxes levied against the
43 respective lots and parcels of land. Thereafter, such amounts shall be collected at the same
44 time and in the same manner as ordinary municipal ad valorem taxes are collected and
45 shall be subject to the same penalties and the same procedure under foreclosure and sale
46 in case of delinquency.
47
48 Sec. 46-123. - Effect of redemption or sale.
49 It shall be the responsibility of the owner to promptly advise the enforcing official of any
50 change in ownership or interest in the property. It shall be unlawful to knowingly fail to
51 notify the enforcing official of any change of ownership or interest in the property.
52
53 Sec. 46-124. Penalty for violation.
54 In addition to any costs incurred for abatement proceedings within Article V, there shall be
55 assessed the following fines:
56 • For the first violation, a fine of $100.00 shall be assessed.
57 • For the second violation within a three-year period following a prior Council
58 abatement, a fine of $250.00 shall be assessed.
59 ® For a third or any subsequent violation within a three-year period following a prior
60 Council abatement, a fine of $500.00 shall be assessed.
61
62 THIS ordinance shall become effective upon its passage and execution as provided by
63
64 law. Each of the provisions of this ordinance is severable; if any provision shall be declared to
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be invalid, the remaining provisions shall not be affected but shall remain in full force. All
ordinances, or parts of ordinances, in any manner, conflicting herewith are hereby repealed.
ADOPTED THIS 21ST DAY OF MARCH, 2023.
By: Lora Lee Boone, President
Prattville City Council
AUTHENTICATED THIS 21ST DAY OF MARCH, 2023.
By: Paula G. Barlow
City Clerk
APPROVED:
By: Bill Gillespie, Jr.
Mayor
ORDINANCE BOOK 2023, PAGE
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RESOLUTION
[To Authorize the Mayor to Enter into an Agreement with Krebs Engineering, Inc. for
Engineering Services for Alabama Department of Transportation Project No. TAPMN-
TA23(934) for Sidewalk Improvements Along Doster Road for the Engineering Department at
a Cost Not to Exceed $50,000.00.]
{Sponsored By: Councilor Jackson)
WHEREAS, in Resolution Book 2023, Page 034, on February 21, 2023, the City Council
of the City of Prattville authorized the Mayor to enter into a Construction Agreement for a
Transportation Alternatives Program (TAP) Project Between the State of Alabama, Acting By
and Through the Alabama Department of Transportation for Project No. TAPMN-TA23(934),
CPMS Ref # 100076030, for Doster Road Sidewalk Improvements from Selma Highway to
Pratt Street; and
WHEREAS, the Engineering Department has identified a need for engineering services
for said sidewalk improvements project; and
WHEREAS, Krebs Engineering, Inc. has the expertise to provide said engineering
services at a cost not to exceed $50,000.00; and
WHEREAS, §41-16-51(a)(3), Code of Alabama, 1975, as amended, allows contracts to
secure services with engineers possessing a high degree of professional skill to be let without
competitive bidding; and
WHEREAS, said improvement is a budgeted expense in the Capital Projects Fund.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Prattville, that
the Mayor is hereby authorized to enter into said agreement with Krebs Engineering, Inc. for
said engineering services at a cost not to exceed $50,000.00, and funds are approved and
appropriated from FY2023 Budget Line Item Capital Projects Fund/ TAP 2023 - Doster Road
Sidewalks.
BE IT FURTHER RESOLVED that the Mayor is hereby authorized to execute any and
all documents necessary to carry out the intent of this resolution.
ADOPTED THIS 21ST DAY OF MARCH, 2023.
By: Lora Lee Boone, President
Prattville City Council
AUTHENTICATED THIS 21ST DAY OF MARCH, 2023.
Paula G. Barlow
City Clerk
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APPROVED:
By: Bill Gillespie, Jr.
Mayor
RESOLUTION BOOK 2023, PAGE
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RESOLUTION
[To Authorize the Mayor to Enter into an Agreement with Civil Southeast LLC for Engineering
Services for Alabama Department of Transportation Project No. TAPAA-TA23(923) for
Sidewalk Improvements Along Old Farm Lane at a Cost Not to Exceed $72,300.00 (Net Cost
to City Not to Exceed $14,460.00).]
{Sponsored By: Councilor Jackson}
WHEREAS, in Resolution Book 2022-A, Page 098, on June 7, 2022, the City Council of
the City of Prattville authorized that an application be submitted to the Alabama Department of
Transportation (ALDOT) for the FY2023 Transportation Alternatives Program (TAP) for
sidewalk improvements along Old Ridge Road and Old Farm Lane; and
WHEREAS, in Resolution Book 2022-13, Page 246, on December 6, 2022, and
Resolution Book 2023, Page 033, on February 21, 2023, the City Council authorized the Mayor
to enter into a Preliminary Engineering and Construction Agreement for a TAP Project Between
the State of Alabama, Acting By and Through the ALDOT for Project No. TAPAA-TA23(923),
CPMS Ref # 100076080 and 100075863, for Sidewalk Improvements Along Old Farm Lane
from Fairview Avenue to North Old Ridge Road, Along Boardroom Drive from Old Farm Lane
to the Launch Trampoline Park, Along North Old Ridge Road to Old Ridge Road; and
WHEREAS, the Engineering Department has identified a need for engineering services
for said sidewalk improvements project; and
WHEREAS, Civil Southeast LLC has the expertise to provide said engineering services
at a cost not to exceed $72,300.00 (Net Cost to City Not to Exceed $14,460.00); and
WHEREAS, §41-16-51(a)(3), Code of Alabama, 1975, as amended, allows contracts to
secure services with engineers possessing a high degree of professional skill to be let without
competitive bidding; and
WHEREAS, said improvement is a budgeted expense in the Capital Projects Fund.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Prattville, that
the Mayor is hereby authorized to enter into said agreement with Civil Southeast LLC for said
engineering services at a cost not to exceed $72,300.00 (net cost to the City not to exceed
$14,460.00), and funds are approved and appropriated from FY2023 Budget Line Item Capital
Projects Fund/ TAP 2023 - Old Ridge Sidewalks.
BE IT FURTHER RESOLVED that the Mayor is hereby authorized to execute any and
all documents necessary to carry out the intent of this resolution.
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ADOPTED THIS 21ST DAY OF MARCH, 2023.
By: Lora Lee Boone, President
Prattville City Council
AUTHENTICATED THIS 21ST DAY OF MARCH, 2023.
By: Paula G. Barlow
City Clerk
APPROVED:
By: Bill Gillespie, Jr.
Mayor
RESOLUTION BOOK 2023, PAGE