DRAFT CC Packet 2025.05.06AGENDA
PRATTVILLE CITY COUNCIL
TUESDAY, MAY 6, 2025
A PLEDGE OF ALLEGIANCE TO THE AMERICAN FLAG:
INVOCATION:
CALL TO ORDER:
THE CHARACTER TRAIT OF THE MONTH IS COMPASSION: Investing whatever is
necessary to show concern through words and actions.
APPROVAL OF MINUTES: City Council Meeting, April 15, 2025
COMMENTS FROM PERSONS PRESENT REGARDING TONIGHT’S AGENDA:
MAYOR’S REPORT:
REPORT FROM COUNCIL ON SPECIAL COMMITTEES:
CONSENT AGENDA
1.RESOLUTION: To Authorize the City Attorney to Affix the Cost for the Removal of Garbage
and Rubbish at 145 Chester Street. {Sponsored By: Councilor Whaley}
2. RESOLUTION: To Authorize the City Attorney to Affix the Cost for the Removal of Garbage
and Rubbish at 629 Lower Kingston Road. {Sponsored By: Councilor Whaley}
3.RESOLUTION: To Authorize the City Attorney to Affix the Cost for the Removal of Garbage
and Rubbish at 610 Vindale Road. {Sponsored By: Councilor Whaley}
4.RESOLUTION: To Authorize the City Attorney to Affix the Cost for the Removal of Garbage
and Rubbish at 743 William Wood Drive. {Sponsored By: Councilor Whaley}
5.RESOLUTION: To Declare the Garbage and Rubbish at 1456 South Memorial Drive, Lot A,
a Public Nuisance and Authorize the Mayor to Abate and Charge Any Incurred Expenses
Pursuant to Chapter 46 et seq., City of Prattville Code of Ordinances. {Sponsored By: Councilor
Whaley}
6.RESOLUTION: To Declare the Garbage and Rubbish at 1380 Blue Jays Place, a Public
Nuisance and Authorize the Mayor to Abate and Charge Any Incurred Expenses Pursuant to
Chapter 46 et seq., City of Prattville Code of Ordinances. {Sponsored By: Councilor Whaley}
7.RESOLUTION: To Surplus Various Items of Personal Property from the Police Department.
{Sponsored By: Council President Pro Tempore Strichik}
8.RESOLUTION: To Surplus Various Items of Personal Property from the City of Prattville.
{Sponsored By: Council President Pro Tempore Strichik}
9.RESOLUTION: To Declare the Garbage and Rubbish at 410 County Road 4, a Public
Nuisance and Authorize the Mayor to Abate and Charge Any Incurred Expenses Pursuant to
Chapter 46 et seq., City of Prattville Code of Ordinances. {Sponsored By: Councilor Whaley}
10.RESOLUTION: To Declare the Garbage and Rubbish at 719 Cranbrook Drive, a Public
Nuisance and Authorize the Mayor to Abate and Charge Any Incurred Expenses Pursuant to
Chapter 46 et seq., City of Prattville Code of Ordinances. {Sponsored By: Councilor Whaley}
11.RESOLUTION: To Declare the Garbage and Rubbish at 434 Water Street, a Public
Nuisance and Authorize the Mayor to Abate and Charge Any Incurred Expenses Pursuant to
Chapter 46 et seq., City of Prattville Code of Ordinances. {Sponsored By: Councilor Whaley}
12.RESOLUTION: To Set a Public Hearing to Declare the Abundance of Overgrown Grass
and Weeds at 1456 South Memorial Drive, Lot A, 434 Water Street, and 1667 Buena Vista
Boulevard to be Unsafe and a Public Nuisance and Order Their Abatement Pursuant to Chapter
46 et seq., City of Prattville Code of Ordinances. {Sponsored By: Councilor Whaley}
13.RESOLUTION: To Authorize Procurement of a Grant Administration Firm and an
Engineering Firm for the Development of a Community Development Block Grant (CDBG)
Application and Authorize the Scheduling and Advertisement of a Public Hearing. {Sponsored
By: Councilor Jackson}
14.RESOLUTION: To Authorize an Agreement Regarding the Properties at 516 and 520 East
Main Street. {Sponsored By: Council President Boone}
AGENDA
1.ORDINANCE: To Rezone Property Located Inside the Corporate Limits off of Doster Road
from FAR (Forest, Agricultural, Recreation) to M-2 (General Industry) (Petitioner: Blake Rice-
BSI Inc.). {Sponsored By: Council President Boone}
2.ORDINANCE: To Grant a Franchise Agreement to Spectrum Southeast, LLC, l/k/a Charter
Communications, Inc., to Construct, Operate, and Maintain a Cable System in the City of
Prattville and to Set Forth the Conditions Accompanying the Grant of the Franchise; Providing
for the Regulation and Use of the System and the Public Right-Of-Way. {Sponsored By:
Councilor Chambers}
3. ORDINANCE: To Amend City of Prattville Code of Ordinances, Chapter 62-Traffic and
Vehicles, Article III.-Vehicle Operation, Division 2.- Speed Restrictions, Section(s) 62-77
through 62-84. {Sponsored By: Councilor Jackson}
4. ORDINANCE: To Declare a Temporary Moratorium on Permits and Approvals for Package
Stores, Convenience Stores, Gas Stations and Vape Shops in the Corporate Limits of Prattville.
{Sponsored By: Councilor Whaley}
5.ORDINANCE: To Grant a Franchise Agreement to Knology of Alabama, Inc d/b/a WOW!
Internet, Cable & Phone, to Construct, Operate, and Maintain a Cable System in the City of
Prattville and to Set Forth the Conditions Accompanying the Grant of the Franchise; Providing
for the Regulation and Use of the System and the Public Right-Of-Way. {Sponsored By: Council
President Pro Tempore Strichik}
6.RESOLUTION: To Award Bid No. 025-006 to Alexander Sealcoating & Striping, Inc. for the
FY2025 Local Paving, at a Total Cost Not to Exceed $1,339,855.00. {Sponsored By: Councilor
Jackson}
7.RESOLUTION: To Set a Public Hearing to Rezone Property Located Inside the Corporate
Limits at Saratoga Lane and Sydney Drive S Known as Glennbrooke 10 from R-2 (Single
Family Residential) to R-3 (Single Family Residential) (Petitioner: Blake Rice-BSI Inc.).
{Sponsored By: Councilor Chambers}
8.RESOLUTION: To Authorize the Mayor to Enter into an Agreement with Civil Southeast,
LLC for Construction Engineering and Inspection Services for FY2025 Local Street Paving
Project for the Engineering Department at a Cost Not to Exceed $113,000.00. {Sponsored By:
Councilor Jackson}
9.RESOLUTION: To Amend the FY2025 Budget and Authorize the Release of Funds for the
Purchase of Various Office Furniture through State Contracts for the Police and Fire Training
Facility at a Total Cost Not to Exceed $107,571.04. {Sponsored By: Councilor Whaley}
10.RESOLUTION: To Set a Public Hearing to Rezone Property Located Inside the Corporate
Limits at County Road 4 East and Washington Ferry Road from B-2 (General Business) to R-
3 (Single Family Residential) (Petitioner: City of Prattville). {Sponsored By: Councilor Jackson}
11.RESOLUTION: To Amend the FY2025 Budget and Authorize the Mayor to Enter into an
Advisory Services Agreement with Local Government Services, LLC to Negotiate Fiber
Services Agreements between the City of Prattville and Southern Light, LLC (Uniti) and
Alabama Fiber Network, Inc. at a Cost Not to Exceed $14,000.00. {Sponsored By: Councilor
Chambers}
12.RESOLUTION: To Amend the FY2025 Budget and Authorize the Release of Funds for
Roadway Maintenance on Portions of Ridge Trail, Ridge Terrace, Johnson Street, Robinson
Street, Reynolds Mill Road, and Competition Street to Charles E. Watts, Inc. at a Cost Not to
Exceed $98,000.00. {Sponsored By: Councilor Jackson}
13.RESOLUTION: To Award Bid No. 025-005 to Buffalo Rock Company for the Fountain and
Prepackaged Beverage Rights at Stanley Jensen Stadium. {Sponsored By: Council President
Pro Tempore Strichik}
14.RESOLUTION: To Authorize the Release of Funds for Doster Well Area Site Improvements
to Multihelpers LLC at a Cost Not to Exceed $75,000.00. {Sponsored By: Councilor Jackson}
15.RESOLUTION: To Authorize the Mayor to Sign a Settlement Agreement with Spectrum
Southeast, LLC, l/k/a Charter Communications, Inc., to Collect Unpaid Franchise Fees.
{Sponsored By: Councilor Chambers}
16.RESOLUTION: To Authorize the Mayor to Enter into an Agreement with Seay, Seay &
Litchfield, P.C. for Architectural Design Services for Public Works Street Facility Building
Addition for the Engineering Department at a Cost Not to Exceed $27,500.00. {Sponsored By:
Councilor Jackson}
17.RESOLUTION: To Authorize the Mayor to Enter into an Election Agreement with
KNOWiNK LLC at a Cost Not to Exceed $1,000.00 Per Election. {Sponsored By: Councilor
Whaley}
COMMENTS FROM PERSONS PRESENT:
CLOSING COMMENTS:
ADJOURN:
The next City Council meeting is scheduled for Tuesday, May 20, 2025.
RESOLUTION 1
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[To Authorize the City Attorney to Affix the Cost for the Removal of Garbage and Rubbish at 3
145 Chester Street.] 4
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{Sponsored By: Councilor Whaley} 6
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WHEREAS, §6-5-122 et seq., of the Code of Alabama, 1975, as amended, permits the 8
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City Council of the City of Prattville to declare a public nuisance and have the violation resolved; 10
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and 12
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WHEREAS, in Resolution Book 2025, Page 022, on February 4, 2025, the City Council 14
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of the City of Prattville declared the garbage and rubbish at 145 Chester Street continued to 16
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be a public nuisance; and 18
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WHEREAS, the Autauga County tax records list the property owner as Evans Bryant D, 20
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with an address of 145 Chester Street, Prattville, AL 36066, to Parcel Number 19 02 10 3 006 22
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003.000; and 24
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WHEREAS, in compliance with Section 46-31, City of Prattville Code of Ordinances, the 26
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Code Enforcement Officer gave written notice to the owner of said property on November 21, 28
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2024, to correct, remedy or remove the conditions of garbage and rubbish within ten (10) 30
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days; and 32
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WHEREAS, the owner/operator of said property failed and/or refused to correct, remedy 34
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or remove said nuisance conditions by the expiration of said notice; and 36
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WHEREAS, Section 46-32 of the City of Prattville Code of Ordinances authorizes the 38
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City to do such work or make such improvements that are necessary to correct, remedy or 40
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remove such condition, pay therefore, and charge the expenses incurred to the owner/operator 42
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of such property to the fullest extent authorized by law. 44
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NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Prattville that 46
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the total amount of $449.19 (including legal expenses) for the removal of garbage and rubbish 48
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at 145 Chester Street is accurate and shall be established as a lien against the property. 50
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BE IT FURTHER RESOLVED that the City Attorney is authorized to file any actions 52
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necessary to recover costs of said removal. 54
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ADOPTED THIS 6TH DAY OF MAY, 2025. 56
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By: Lora Lee Boone, President 60
Prattville City Council 61
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AUTHENTICATED THIS 6TH DAY OF MAY, 2025. 1
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By: Paula G. Barlow 5
City Clerk 6
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APPROVED: 8
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By: Bill Gillespie, Jr. 12
Mayor 13
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RESOLUTION BOOK 2025, PAGE ___ 64
RESOLUTION 1
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[To Authorize the City Attorney to Affix the Cost for the Removal of Garbage and Rubbish at 3
629 Lower Kingston Road.] 4
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{Sponsored By: Councilor Whaley} 6
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WHEREAS, §6-5-122 et seq., of the Code of Alabama, 1975, as amended, permits the 8
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City Council of the City of Prattville to declare a public nuisance and have the violation resolved; 10
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and 12
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WHEREAS, in Resolution Book 2025, Page 003, on January 7, 2025, the City Council 14
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of the City of Prattville declared the garbage and rubbish at 629 Lower Kingston Road 16
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continued to be a public nuisance; and 18
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WHEREAS, the Autauga County tax records list the property owner as Briceno Teodoro 20
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and Yolanda Briceno, with an address of 629 Lower Kingston Road, Prattville, AL 36067, to 22
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Parcel Number 19 03 08 2 006 006.000; and 24
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WHEREAS, in compliance with Section 46-31, City of Prattville Code of Ordinances, the 26
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Code Enforcement Officer gave written notice to the owner of said property on October 21, 28
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2024, to correct, remedy or remove the conditions of garbage and rubbish within ten (10) 30
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days; and 32
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WHEREAS, the owner/operator of said property failed and/or refused to correct, remedy 34
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or remove said nuisance conditions by the expiration of said notice; and 36
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WHEREAS, Section 46-32 of the City of Prattville Code of Ordinances authorizes the 38
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City to do such work or make such improvements that are necessary to correct, remedy or 40
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remove such condition, pay therefore, and charge the expenses incurred to the owner/operator 42
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of such property to the fullest extent authorized by law. 44
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NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Prattville that 46
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the total amount of $311.19 (including legal expenses) for the removal of garbage and rubbish 48
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at 629 Lower Kingston Road is accurate and shall be established as a lien against the property. 50
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BE IT FURTHER RESOLVED that the City Attorney is authorized to file any actions 52
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necessary to recover costs of said removal. 54
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ADOPTED THIS 6TH DAY OF MAY, 2025. 56
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By: Lora Lee Boone, President 60
Prattville City Council 61
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AUTHENTICATED THIS 6TH DAY OF MAY, 2025. 1
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By: Paula G. Barlow 5
City Clerk 6
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APPROVED: 8
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By: Bill Gillespie, Jr. 12
Mayor 13
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RESOLUTION BOOK 2025, PAGE ___ 64
RESOLUTION 1
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[To Authorize the City Attorney to Affix the Cost for the Removal of Garbage and Rubbish at 3
610 Vindale Road.] 4
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{Sponsored By: Councilor Whaley} 6
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WHEREAS, §6-5-122 et seq., of the Code of Alabama, 1975, as amended, permits the 8
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City Council of the City of Prattville to declare a public nuisance and have the violation resolved; 10
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and 12
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WHEREAS, in Resolution Book 2025, Page 024, on February 4, 2025, the City Council 14
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of the City of Prattville declared the garbage and rubbish at 610 Vindale Road continued to be 16
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a public nuisance; and 18
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WHEREAS, the Autauga County tax records list the property owner as Eldredge Michael 20
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Stanley, with an address of 610 Vindale Road, Prattville, AL 36067, to Parcel Number 19 05 22
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16 3 001 001.077; and 24
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WHEREAS, in compliance with Section 46-31, City of Prattville Code of Ordinances, the 26
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Code Enforcement Officer gave written notice to the owner of said property on November 22, 28
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2024, to correct, remedy or remove the conditions of garbage and rubbish within ten (10) 30
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days; and 32
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WHEREAS, the owner/operator of said property failed and/or refused to correct, remedy 34
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or remove said nuisance conditions by the expiration of said notice; and 36
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WHEREAS, Section 46-32 of the City of Prattville Code of Ordinances authorizes the 38
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City to do such work or make such improvements that are necessary to correct, remedy or 40
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remove such condition, pay therefore, and charge the expenses incurred to the owner/operator 42
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of such property to the fullest extent authorized by law. 44
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NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Prattville that 46
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the total amount of $599.19 (including legal expenses) for the removal of garbage and rubbish 48
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at 610 Vindale Road is accurate and shall be established as a lien against the property. 50
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BE IT FURTHER RESOLVED that the City Attorney is authorized to file any actions 52
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necessary to recover costs of said removal. 54
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ADOPTED THIS 6TH DAY OF MAY, 2025. 56
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By: Lora Lee Boone, President 60
Prattville City Council 61
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AUTHENTICATED THIS 6TH DAY OF MAY, 2025. 1
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By: Paula G. Barlow 5
City Clerk 6
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APPROVED: 8
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By: Bill Gillespie, Jr. 12
Mayor 13
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RESOLUTION BOOK 2025, PAGE ___ 64
RESOLUTION 1
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[To Authorize the City Attorney to Affix the Cost for the Removal of Garbage and Rubbish at 3
743 William Wood Drive.] 4
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{Sponsored By: Councilor Whaley} 6
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WHEREAS, §6-5-122 et seq., of the Code of Alabama, 1975, as amended, permits the 8
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City Council of the City of Prattville to declare a public nuisance and have the violation resolved; 10
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and 12
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WHEREAS, in Resolution Book 2024-B, Page 309, on December 17, 2024, the City 14
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Council of the City of Prattville declared the garbage and rubbish at 743 William Wood Drive 16
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continued to be a public nuisance; and 18
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WHEREAS, the Autauga County tax records list the property owner as Walthall George 20
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P III, with an address of 879 Doster Road, Prattville, AL 36067, to Parcel Number 19 05 16 4 22
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010 002.013; and 24
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WHEREAS, in compliance with Section 46-31, City of Prattville Code of Ordinances, the 26
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Code Enforcement Officer gave written notice to the owner of said property on November 14, 28
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2024, to correct, remedy or remove the conditions of garbage and rubbish within ten (10) 30
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days; and 32
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WHEREAS, the owner/operator of said property failed and/or refused to correct, remedy 34
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or remove said nuisance conditions by the expiration of said notice; and 36
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WHEREAS, Section 46-32 of the City of Prattville Code of Ordinances authorizes the 38
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City to do such work or make such improvements that are necessary to correct, remedy or 40
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remove such condition, pay therefore, and charge the expenses incurred to the owner/operator 42
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of such property to the fullest extent authorized by law. 44
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NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Prattville that 46
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the total amount of $699.19 (including legal expenses) for the removal of garbage and rubbish 48
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at 743 William Wood Drive is accurate and shall be established as a lien against the property. 50
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BE IT FURTHER RESOLVED that the City Attorney is authorized to file any actions 52
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necessary to recover costs of said removal. 54
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ADOPTED THIS 6TH DAY OF MAY, 2025. 56
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By: Lora Lee Boone, President 60
Prattville City Council 61
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AUTHENTICATED THIS 6TH DAY OF MAY, 2025. 1
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By: Paula G. Barlow 5
City Clerk 6
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APPROVED: 8
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By: Bill Gillespie, Jr. 12
Mayor 13
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RESOLUTION BOOK 2025, PAGE ___ 64
RESOLUTION 1
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[To Declare the Garbage and Rubbish at 1456 South Memorial Drive, Lot A, a Public 3
Nuisance and Authorize the Mayor to Abate and Charge Any Incurred Expenses Pursuant to 4
Chapter 46 et seq., City of Prattville Code of Ordinances.] 5
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{Sponsored By: Councilor Whaley} 7
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WHEREAS, keeping garbage and rubbish: 9
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1. is injurious to the public health, safety and general welfare of the community by providing a 11
breeding ground and shelter for rats, mice, snakes, and other vermin; 12
2. may inflict injury on a person going to such property; 13
3. may also pose a fire and environmental hazard; and 14
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WHEREAS, the Prattville Police Department Code Enforcement Officer has inspected 16
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the property and determined the existence of garbage and rubbish at 1456 South Memorial 18
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Drive, Lot A; and 20
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WHEREAS, the Autauga County tax records list the property owner as Candlestick MHC 22
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LLC C/O Cameron Bailey with an address of 108 Kacey Marie, Winchester, TN 37398, to 24
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Parcel Number 19 06 23 4 000 020.000; and 26
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WHEREAS, in compliance with Section 46-31, City of Prattville Code of Ordinances, the 28
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Code Enforcement Officer gave written notice to the owner of said property on March 28, 2025, 30
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to correct, remedy or remove the condition of garbage and rubbish within ten (10) days; and 32
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WHEREAS, the owner of said property has failed and/or refused to correct, remedy or 34
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remove said condition by the expiration of said notice; and 36
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WHEREAS, Chapter 46 et seq., City of Prattville Code of Ordinances, permits the City 38
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Council to declare the keeping of garbage and rubbish to be a public nuisance and authorizes 40
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the City to do such work or make such improvements that are necessary to correct, remedy or 42
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remove such condition, pay therefore, and charge the expenses incurred for the abatement 44
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process to the owner of such property. 46
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NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Prattville 48
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declares that the garbage and rubbish at 1456 South Memorial Drive, Lot A, continued to be a 50
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public nuisance at the expiration of the notice of violation. 52
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BE IT FURTHER RESOLVED that the Mayor shall have the garbage and rubbish at 54
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said property removed using City forces or private contractors. The property owner shall have 56
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the right to remove said nuisance at their expense provided that the removal is done prior to 58
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the commencement of work by employees or agents of the City of Prattville; however, this does 60
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not abolish incurred expenses. 62
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BE IT FURTHER RESOLVED the Mayor shall keep an accounting of all costs related 64
to this request and report such costs to the City Council following its abatement. 1
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ADOPTED THIS 6TH DAY OF MAY, 2025. 3
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By: Lora Lee Boone, President 7
Prattville City Council 8
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AUTHENTICATED THIS 6TH DAY OF MAY, 2025. 10
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By: Paula G. Barlow 14
City Clerk 15
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APPROVED: 17
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By: Bill Gillespie, Jr. 21
Mayor 22
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RESOLUTION BOOK 2025, PAGE ___ 64
RESOLUTION 1
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[To Declare the Garbage and Rubbish at 1380 Blue Jays Place, a Public Nuisance and 3
Authorize the Mayor to Abate and Charge Any Incurred Expenses Pursuant to Chapter 46 et 4
seq., City of Prattville Code of Ordinances.] 5
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{Sponsored By: Councilor Whaley} 7
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WHEREAS, keeping garbage and rubbish: 9
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1. is injurious to the public health, safety and general welfare of the community by providing a 11
breeding ground and shelter for rats, mice, snakes, and other vermin; 12
2. may inflict injury on a person going to such property; 13
3. may also pose a fire and environmental hazard; and 14
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WHEREAS, the Prattville Police Department Code Enforcement Officer has inspected 16
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the property and determined the existence of garbage and rubbish at 1380 Blue Jays Place; 18
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and 20
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WHEREAS, the Autauga County tax records list the property owner as Candlestick MHC 22
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LLC C/O Cameron Bailey with an address of 108 Kacey Marie, Winchester, TN 37398, to 24
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Parcel Number 19 06 23 4 000 033.000; and 26
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WHEREAS, in compliance with Section 46-31, City of Prattville Code of Ordinances, the 28
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Code Enforcement Officer gave written notice to the owner of said property on March 28, 2025, 30
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to correct, remedy or remove the condition of garbage and rubbish within ten (10) days; and 32
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WHEREAS, the owner of said property has failed and/or refused to correct, remedy or 34
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remove said condition by the expiration of said notice; and 36
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WHEREAS, Chapter 46 et seq., City of Prattville Code of Ordinances, permits the City 38
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Council to declare the keeping of garbage and rubbish to be a public nuisance and authorizes 40
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the City to do such work or make such improvements that are necessary to correct, remedy or 42
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remove such condition, pay therefore, and charge the expenses incurred for the abatement 44
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process to the owner of such property. 46
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NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Prattville 48
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declares that the garbage and rubbish at 1380 Blue Jays Place, continued to be a public 50
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nuisance at the expiration of the notice of violation. 52
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BE IT FURTHER RESOLVED that the Mayor shall have the garbage and rubbish at 54
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said property removed using City forces or private contractors. The property owner shall have 56
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the right to remove said nuisance at their expense provided that the removal is done prior to 58
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the commencement of work by employees or agents of the City of Prattville; however, this does 60
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not abolish incurred expenses. 62
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BE IT FURTHER RESOLVED the Mayor shall keep an accounting of all costs related 64
to this request and report such costs to the City Council following its abatement. 1
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ADOPTED THIS 6TH DAY OF MAY, 2025. 3
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By: Lora Lee Boone, President 7
Prattville City Council 8
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AUTHENTICATED THIS 6TH DAY OF MAY, 2025. 10
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By: Paula G. Barlow 14
City Clerk 15
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APPROVED: 17
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By: Bill Gillespie, Jr. 21
Mayor 22
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RESOLUTION BOOK 2025, PAGE ___ 64
RESOLUTION 1
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[To Surplus Various Items of Personal Property from the Police Department.] 3
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{Sponsored By: Council President Pro Tempore Strichik} 5
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WHEREAS, the City of Prattville, Alabama, has certain items of personal property 7
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which are no longer needed for public or municipal purposes; and 9
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WHEREAS, §11-43-56, Code of Alabama, 1975, as amended, authorizes the municipal 11
12
governing body to dispose of unneeded personal property. 13
14
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Prattville that 15
16
the following personal property items owned by the City are no longer needed for public or 17
18
municipal purposes, and said property shall be removed from the inventory of the Police 19
20
Department. 21
22
• 2012 Nissan Titan VIN# 1N6BA0EC2CN316061 23
• 2009 Dodge Challenger VIN# 2B3LJ54TX9H502245 24
• 2010 BMW 5281 VIN# WBANU5C59AC124750 25
• 2003 Chevrolet Monte Carlo VIN# ZG1WW1ZE439282797 26
• 2005 Cadillac Escalade ESV (08-503) VIN# 3GYFK66N95G219434 27
• 2004 Chevrolet Silverado (08-504) VIN# 2GCEK19T741220216 28
• 2008 Hyundai Veracruz (08-506) VIN# KM8NU13C28U069066 29
30
BE IT FURTHER RESOLVED that the City Council authorizes the Mayor to sell said 31
32
equipment through any appropriate means and that proceeds from said equipment be 33
34
deposited into the Drug Proceeds Account. If said surplus items are determined to be of no 35
36
value, the Mayor has the authority to scrap or dispose of said equipment for and on behalf of 37
38
the City of Prattville. 39
40
ADOPTED THIS 6TH DAY OF MAY, 2025. 41
42
43
44
By: Lora Lee Boone, President 45
Prattville City Council 46
47
AUTHENTICATED THIS 6TH DAY OF MAY, 2025. 48
49
50
51
By: Paula G. Barlow 52
City Clerk 53
54
APPROVED: 55
56
57
58
By: Bill Gillespie, Jr. 59
Mayor 60
61
62
RESOLUTION BOOK 2025, PAGE ___ 63
RESOLUTION 1
2
[To Surplus Various Items of Personal Property from the City of Prattville.] 3
4
{Sponsored By: Council President Pro Tempore Strichik} 5
6
WHEREAS, the City of Prattville, Alabama, has certain items of personal property which 7
8
are no longer needed for public or municipal purposes; and 9
10
WHEREAS, §11-43-56, Code of Alabama, 1975, as amended, authorizes the municipal 11
12
governing body to dispose of unneeded personal property. 13
14
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Prattville that 15
16
the following personal property items owned by the City are no longer needed for public or 17
18
municipal purposes, and said property shall be removed from the inventory of the Police 19
20
Department. 21
22
• 1994 Ford E350 (08-600) VIN# 1FDKE30M2RHB34386 23
• 2013 Chevrolet Tahoe (08-416) VIN # 1GNLC2E05DR373309 24
• 1996 Ford Crown Victoria (X08-100) VIN# 2FALP71W5TX195478 25
• 2007 Harley Davidson (X08-302) VIN# 1HD1FMM127Y715580 26
• 2008 Chevrolet Impala (08-418) VIN#2G1WB58K081291454 27
• 14’x8’ Motorcycle Trailer (08-809) 28
• HL Security Camera Tower (08-810) Serial# CAMVH000309 29
• ½ Car Training Car/Trailer (XPD-50) Serial# 1FAFP71W4WX164644 30
• General Port A Cool Trailer (08-802) Serial# 5H7US08107C009597 31
• General Port A Cool Trailer 32
33
BE IT FURTHER RESOLVED that the City Council authorizes the Mayor to sell said 34
35
equipment through any appropriate means and that proceeds from said equipment be 36
37
deposited into the General Fund. If said surplus items are determined to be of no value, the 38
39
Mayor has the authority to scrap or dispose of said equipment for and on behalf of the City of 40
41
Prattville. 42
43
ADOPTED THIS 6TH DAY OF MAY, 2025. 44
45
46
By: Lora Lee Boone, President 47
Prattville City Council 48
49
AUTHENTICATED THIS 6TH DAY OF MAY, 2025. 50
51
52
By: Paula G. Barlow 53
City Clerk 54
55
APPROVED: 56
57
58
By: Bill Gillespie, Jr. 59
Mayor 60
61
62
RESOLUTION BOOK 2025, PAGE ___ 63
RESOLUTION 1
2
[To Declare the Garbage and Rubbish at 410 County Road 4, a Public Nuisance and 3
Authorize the Mayor to Abate and Charge Any Incurred Expenses Pursuant to Chapter 46 et 4
seq., City of Prattville Code of Ordinances.] 5
6
{Sponsored By: Councilor Whaley} 7
8
WHEREAS, keeping garbage and rubbish: 9
10
1. is injurious to the public health, safety and general welfare of the community by providing a 11
breeding ground and shelter for rats, mice, snakes, and other vermin; 12
2. may inflict injury on a person going to such property; 13
3. may also pose a fire and environmental hazard; and 14
15
WHEREAS, the Prattville Police Department Code Enforcement Officer has inspected 16
17
the property and determined the existence of garbage and rubbish at 410 County Road 4; and 18
19
WHEREAS, the Autauga County tax records list the property owner as Lawrence B.L. 20
21
with an address of 818 Durden Road, Prattville, AL 36067, to Parcel Number 19 08 28 2 000 22
23
033.000; and 24
25
WHEREAS, in compliance with Section 46-31, City of Prattville Code of Ordinances, the 26
27
Code Enforcement Officer gave written notice to the owner of said property on March 19, 2025, 28
29
to correct, remedy or remove the condition of garbage and rubbish within ten (10) days; and 30
31
WHEREAS, the owner of said property has failed and/or refused to correct, remedy or 32
33
remove said condition by the expiration of said notice; and 34
35
WHEREAS, Chapter 46 et seq., City of Prattville Code of Ordinances, permits the City 36
37
Council to declare the keeping of garbage and rubbish to be a public nuisance and authorizes 38
39
the City to do such work or make such improvements that are necessary to correct, remedy or 40
41
remove such condition, pay therefore, and charge the expenses incurred for the abatement 42
43
process to the owner of such property. 44
45
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Prattville 46
47
declares that the garbage and rubbish at 410 County Road 4, continued to be a public nuisance 48
49
at the expiration of the notice of violation. 50
51
BE IT FURTHER RESOLVED that the Mayor shall have the garbage and rubbish at 52
53
said property removed using City forces or private contractors. The property owner shall have 54
55
the right to remove said nuisance at their expense provided that the removal is done prior to 56
57
the commencement of work by employees or agents of the City of Prattville; however, this does 58
59
not abolish incurred expenses. 60
61
BE IT FURTHER RESOLVED the Mayor shall keep an accounting of all costs related 62
63
to this request and report such costs to the City Council following its abatement. 64
ADOPTED THIS 6TH DAY OF MAY, 2025. 1
2
3
4
By: Lora Lee Boone, President 5
Prattville City Council 6
7
AUTHENTICATED THIS 6TH DAY OF MAY, 2025. 8
9
10
11
By: Paula G. Barlow 12
City Clerk 13
14
APPROVED: 15
16
17
18
By: Bill Gillespie, Jr. 19
Mayor 20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
52
53
54
55
56
57
58
59
60
61
62
63
RESOLUTION BOOK 2025, PAGE ___ 64
RESOLUTION 1
2
[To Declare the Garbage and Rubbish at 719 Cranbrook Drive, a Public Nuisance and 3
Authorize the Mayor to Abate and Charge Any Incurred Expenses Pursuant to Chapter 46 et 4
seq., City of Prattville Code of Ordinances.] 5
6
{Sponsored By: Councilor Whaley} 7
8
WHEREAS, keeping garbage and rubbish: 9
10
1. is injurious to the public health, safety and general welfare of the community by providing a 11
breeding ground and shelter for rats, mice, snakes, and other vermin; 12
2. may inflict injury on a person going to such property; 13
3. may also pose a fire and environmental hazard; and 14
15
WHEREAS, the Prattville Police Department Code Enforcement Officer has inspected 16
17
the property and determined the existence of garbage and rubbish at 719 Cranbrook Drive; 18
19
and 20
21
WHEREAS, the Autauga County tax records list the property owner as Gardner Henry 22
23
James with an address of 409 Bedford Terrace, Prattville, AL 36066, to Parcel Number 19 05 24
25
16 4 010 001.014; and 26
27
WHEREAS, in compliance with Section 46-31, City of Prattville Code of Ordinances, the 28
29
Code Enforcement Officer gave written notice to the owner of said property on April 10, 2025, 30
31
to correct, remedy or remove the condition of garbage and rubbish within ten (10) days; and 32
33
WHEREAS, the owner of said property has failed and/or refused to correct, remedy or 34
35
remove said condition by the expiration of said notice; and 36
37
WHEREAS, Chapter 46 et seq., City of Prattville Code of Ordinances, permits the City 38
39
Council to declare the keeping of garbage and rubbish to be a public nuisance and authorizes 40
41
the City to do such work or make such improvements that are necessary to correct, remedy or 42
43
remove such condition, pay therefore, and charge the expenses incurred for the abatement 44
45
process to the owner of such property. 46
47
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Prattville 48
49
declares that the garbage and rubbish at 719 Cranbrook Drive, continued to be a public 50
51
nuisance at the expiration of the notice of violation. 52
53
BE IT FURTHER RESOLVED that the Mayor shall have the garbage and rubbish at 54
55
said property removed using City forces or private contractors. The property owner shall have 56
57
the right to remove said nuisance at their expense provided that the removal is done prior to 58
59
the commencement of work by employees or agents of the City of Prattville; however, this does 60
61
not abolish incurred expenses. 62
63
BE IT FURTHER RESOLVED the Mayor shall keep an accounting of all costs related 64
to this request and report such costs to the City Council following its abatement. 1
2
ADOPTED THIS 6TH DAY OF MAY, 2025. 3
4
5
6
By: Lora Lee Boone, President 7
Prattville City Council 8
9
AUTHENTICATED THIS 6TH DAY OF MAY, 2025. 10
11
12
13
By: Paula G. Barlow 14
City Clerk 15
16
APPROVED: 17
18
19
20
By: Bill Gillespie, Jr. 21
Mayor 22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
52
53
54
55
56
57
58
59
60
61
62
63
RESOLUTION BOOK 2025, PAGE ___ 64
RESOLUTION 1
2
[To Declare the Garbage and Rubbish at 434 Water Street, a Public Nuisance and Authorize 3
the Mayor to Abate and Charge Any Incurred Expenses Pursuant to Chapter 46 et seq., City 4
of Prattville Code of Ordinances.] 5
6
{Sponsored By: Councilor Whaley} 7
8
WHEREAS, keeping garbage and rubbish: 9
10
1. is injurious to the public health, safety and general welfare of the community by providing a 11
breeding ground and shelter for rats, mice, snakes, and other vermin; 12
2. may inflict injury on a person going to such property; 13
3. may also pose a fire and environmental hazard; and 14
15
WHEREAS, the Prattville Police Department Code Enforcement Officer has inspected 16
17
the property and determined the existence of garbage and rubbish at 434 Water Street; and 18
19
WHEREAS, the Autauga County tax records list the property owner as Brown Edwina 20
21
M and Rezentes Julia Jahn with an address of P.O. Box 681822, Prattville, AL 36068, to Parcel 22
23
Number 19 05 16 2 000 183.000; and 24
25
WHEREAS, in compliance with Section 46-31, City of Prattville Code of Ordinances, the 26
27
Code Enforcement Officer gave written notice to the owner of said property on April 7, 2025, 28
29
to correct, remedy or remove the condition of garbage and rubbish within ten (10) days; and 30
31
WHEREAS, the owner of said property has failed and/or refused to correct, remedy or 32
33
remove said condition by the expiration of said notice; and 34
35
WHEREAS, Chapter 46 et seq., City of Prattville Code of Ordinances, permits the City 36
37
Council to declare the keeping of garbage and rubbish to be a public nuisance and authorizes 38
39
the City to do such work or make such improvements that are necessary to correct, remedy or 40
41
remove such condition, pay therefore, and charge the expenses incurred for the abatement 42
43
process to the owner of such property. 44
45
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Prattville 46
47
declares that the garbage and rubbish at 434 Water Street, continued to be a public nuisance 48
49
at the expiration of the notice of violation. 50
51
BE IT FURTHER RESOLVED that the Mayor shall have the garbage and rubbish at 52
53
said property removed using City forces or private contractors. The property owner shall have 54
55
the right to remove said nuisance at their expense provided that the removal is done prior to 56
57
the commencement of work by employees or agents of the City of Prattville; however, this does 58
59
not abolish incurred expenses. 60
61
BE IT FURTHER RESOLVED the Mayor shall keep an accounting of all costs related 62
63
to this request and report such costs to the City Council following its abatement. 64
ADOPTED THIS 6TH DAY OF MAY, 2025. 1
2
3
4
By: Lora Lee Boone, President 5
Prattville City Council 6
7
AUTHENTICATED THIS 6TH DAY OF MAY, 2025. 8
9
10
11
By: Paula G. Barlow 12
City Clerk 13
14
APPROVED: 15
16
17
18
By: Bill Gillespie, Jr. 19
Mayor 20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
52
53
54
55
56
57
58
59
60
61
62
63
RESOLUTION BOOK 2025, PAGE ___ 64
RESOLUTION 1
2
[To Set a Public Hearing to Declare the Abundance of Overgrown Grass and Weeds at 1456 3
South Memorial Drive, Lot A, 434 Water Street, and 1667 Buena Vista Boulevard to be 4
Unsafe and a Public Nuisance and Order Their Abatement Pursuant to Chapter 46 et seq., 5
City of Prattville Code of Ordinances.] 6
7
{Sponsored By: Councilor Whaley} 8
9
WHEREAS, an abundance of overgrown grass and weeds: 10
11
1. is injurious to the public health, safety and general welfare of the community by providing a 12
breeding ground and shelter for rats, mice, snakes and mosquitoes and other vermin; 13
2. may cause the further spread of weeds; 14
3. may hide debris, such as glass or metal, that could inflict injury on a person going to such 15
property; 16
4. may also pose a fire hazard and respiratory hazard; and 17
18
WHEREAS, the Prattville Police Department Code Enforcement Officer has inspected 19
20
the properties and determined the existence of an abundance of overgrown grass and weeds 21
22
at 1456 South Memorial Drive, Lot A, 434 Water Street, and 1667 Buena Vista Boulevard; and 23
24
WHEREAS, the Autauga County tax records list the property owner(s) as follows: 25
26
• 1456 South Memorial Drive, Lot A - Candlestick MHC LLC C/O Cameron Bailey with 27
an address of 108 Kacey Marie, Winchester, TN 37398, to Parcel Number 19 06 23 4 28
000 020.000 29
• 434 Water Street – Brown Edwina M and Rezentes Julia Jahn with an address of P.O. 30
Box 681822, Prattville, AL 36068, to Parcel Number 19 05 16 2 000 183.000 31
• 1667 Buena Vista Boulevard – Nikeena Properties LLC with an address of 8942 32
Marston Way, Montgomery, AL 36117, to Parcel Number 19 08 27 2 000 002.165; and 33
34
WHEREAS, in compliance with Section 46-31, City of Prattville Code of Ordinances, the 35
36
Code Enforcement Officer gave written notice to the owner(s) of said properties on March 28, 37
38
2025, April 7, 2025, and April 11, 2025, respectively, to correct, remedy or remove the 39
40
abundance of overgrown grass and weeds within ten (10) days; and 41
42
WHEREAS, the owner(s) of said properties have failed and/or refused to correct, 43
44
remedy or remove said condition by the expiration of said notice; and 45
46
WHEREAS, Chapter 46 et seq., City of Prattville Code of Ordinances, permits the City 47
48
Council to declare the abundance of overgrown grass and weeds to be a public nuisance and 49
50
abate the same; and 51
52
WHEREAS, pursuant to Section 46-114 (e), City of Prattville Code of Ordinances, 53
54
declaring the abundance of overgrown grass and weeds to be a public nuisance and ordering 55
56
their abatement by the City Council initiates a fine for the first violation and designation on the 57
58
repeat offender registry. 59
60
61
62
63
NOW, THEREFORE, BE IT RESOLVED THAT: 1
2
1. the City Council of the City of Prattville declares the abundance of overgrown grass and 3
weeds at said properties to be a public nuisance and has therefore initiated the abatement 4
process; and 5
2. the owner(s) of said properties are ordered to abate said nuisance and appear before the 6
City Council at a Public Hearing at 6:00 p.m. on June 3, 2025, on the 2nd floor of 124 W. 7
Main Street, Prattville, Alabama; and 8
3. any objections may be filed, in writing, to the City Clerk at least five (5) days prior to the 9
Public Hearing; and 10
4. the fine of $100.00 shall be assessed to the owner(s) of said properties in addition to any 11
costs incurred for the abatement process; and 12
5. said properties shall be placed on the repeat offender registry for a period of three (3) years; 13
and 14
6. the notice of Public Hearing on the matter, as required by law, will be provided in a 15
publication of general circulation, by certified mail, and by signage on the subject properties. 16
17
ADOPTED THIS 6TH DAY OF MAY, 2025. 18
19
20
21
By: Lora Lee Boone, President 22
Prattville City Council 23
24
AUTHENTICATED THIS 6TH DAY OF MAY, 2025. 25
26
27
28
By: Paula G. Barlow 29
City Clerk 30
31
APPROVED: 32
33
34
35
By: Bill Gillespie, Jr. 36
Mayor 37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
52
53
54
55
56
57
58
59
60
61
62
63
RESOLUTION BOOK 2025, PAGE ___ 64
RESOLUTION 1
2
[To Authorize Procurement of a Grant Administration Firm and an Engineering Firm for the 3
Development of a Community Development Block Grant (CDBG) Application and Authorize 4
the Scheduling and Advertisement of a Public Hearing.] 5
6
{Sponsored By: Councilor Jackson} 7
8
WHEREAS, the City of Prattville is eligible to apply for funding assistance made 9
10
available under the CDBG Program through the Alabama Department of Economic and 11
12
Community Affairs (ADECA) for Program Year 2025 (PY 2025); and 13
14
WHEREAS, it is necessary to procure professional services for grant administration 15
16
and engineering to comply with the procurement requirements outlined in 2 CFR 200, the 17
18
Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal 19
20
Awards, and the Common Rule adopted by the State of Alabama; and 21
22
WHEREAS, the City Engineering Department will solicit proposals for grant 23
24
administration services and statements of qualifications for engineering services through a fair 25
26
and open procurement process; and 27
28
WHEREAS, the City of Prattville Street, Drainage and Lights Committee, consisting of 29
30
Councilors Marcus Jackson, Tommy Merrick, and Michael Whaley, and City Engineer Paxton 31
32
Reiss, will review said proposals and statements of qualifications; and 33
34
WHEREAS, under CDBG application requirements, it is necessary to schedule a Public 35
36
Hearing to solicit citizen input on community needs and the proposed CDBG application. 37
38
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Prattville, 39
40
that the City is hereby authorized to initiate procurement for a Grant Administration Firm and 41
42
an Engineering Firm for the development of the PY 2025 CDBG application, following federal 43
44
and state procurement regulations. 45
46
BE IT FURTHER RESOLVED that once the Street, Drainage and Lights Committee and 47
48
City Engineer reviews all received proposals and statements of qualifications, they will bring a 49
50
recommendation for award back to the City Council for consideration at a future meeting. 51
52
BE IT FURTHER RESOLVED that the City Clerk is hereby authorized and empowered 53
54
to schedule and advertise a Public Hearing for the CDBG program to be held on Tuesday, May 55
56
27, 2025, at 5:00 p.m., on the 2nd floor of 124 W. Main, Prattville, Alabama. 57
58
BE IT FURTHER RESOLVED that the Mayor is hereby authorized to execute any and 59
60
all documents necessary to carry out the intent of this Resolution. 61
62
63
64
ADOPTED THIS 6TH DAY OF MAY, 2025. 1
2
3
4
By: Lora Lee Boone, President 5
Prattville City Council 6
7
AUTHENTICATED THIS 6TH DAY OF MAY, 2025. 8
9
10
11
By: Paula G. Barlow 12
City Clerk 13
14
APPROVED: 15
16
17
18
By: Bill Gillespie, Jr. 19
Mayor 20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
52
53
54
55
56
57
58
59
60
61
62
63
RESOLUTION BOOK 2025, PAGE _____ 64
RESOLUTION 1
2
[To Authorize an Agreement Regarding the Properties at 516 and 520 East Main Street.] 3
4
{Sponsored By: Council President Boone} 5
6
WHEREAS, the real properties at 516 and 520 East Main Street, Prattville, Alabama 7
8
36067 are owned and operated by Dorsey Motor Sales Inc.; and 9
10
WHEREAS, said properties are further specifically identified as Parcel Numbers 19 05 11
12
16 2 000 135.000 and 19 05 16 1 002 001.000, respectively; and 13
14
WHEREAS, said properties are currently in a condition which pose potential hazards to 15
16
the health, safety, and wellbeing of the general public of the City; and 17
18
WHEREAS, the City Council of the City of Prattville and the property owner desire to 19
20
enter into an Agreement to formalize a plan to remove the existing hazards on the subject 21
22
properties in a timely manner. 23
24
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Prattville 25
26
hereby authorizes the Mayor to negotiate and enter into an agreement with the owner of 516 27
28
and 520 East Main Street to set forth each party’s respective duties and responsibilities as to 29
30
the subject properties at issue. 31
32
BE IT FURTHER RESOLVED that the Mayor is hereby authorized to execute any and 33
34
all documents necessary to carry out the intent of this Resolution. 35
36
ADOPTED THIS 6TH DAY OF MAY, 2025. 37
38
39
40
By: Lora Lee Boone, President 41
Prattville City Council 42
43
AUTHENTICATED THIS 6TH DAY OF MAY, 2025. 44
45
46
47
By: Paula G. Barlow 48
City Clerk 49
50
APPROVED: 51
52
53
54
By: Bill Gillespie, Jr. 55
Mayor 56
57
58
59
60
61
62
63
RESOLUTION BOOK 2025, PAGE ___ 64
ORDINANCE 1
2
[To Rezone Property Located Inside the Corporate Limits off of Doster Road from FAR 3
(Forest, Agricultural, Recreation) to M-2 (General Industry) (Petitioner: Blake Rice-BSI Inc.).] 4
5
{Sponsored By: Council President Boone} 6
7
BE IT ORDAINED by the City Council of the City of Prattville, Alabama, as follows: 8
9
THAT the zoning ordinance of the City of Prattville, Alabama, and the zoning map are 10
11
hereby amended to reclassify the property described in Attachment “A” be amended from FAR 12
13
to M-2. 14
15
THAT this proposed Ordinance and a synopsis were advertised for two (2) weeks in the 16
17
Montgomery Advertiser, a newspaper of general circulation within the Corporate Limits of the 18
19
City of Prattville, and that the City Council at its Public Hearing on May 6, 2025, at 6:00 p.m., 20
21
considered said proposed Ordinance and that at such time and place all persons who desired 22
23
had an opportunity to be heard in favor of or in opposition to such Ordinance. 24
25
ALL other items and provisions of the zoning ordinance not herein specifically amended 26
27
shall remain in full force and effect. 28
29
THE amendments herein contained were considered and recommended by the City of 30
31
Prattville Planning Commission on March 20, 2025. 32
33
THIS Ordinance shall become effective upon its passage and execution as provided by 34
35
law. 36
37
ADOPTED THIS 6TH DAY OF MAY, 2025. 38
39
40
41
By: Lora Lee Boone, President 42
Prattville City Council 43
44
AUTHENTICATED THIS 6TH DAY OF MAY, 2025. 45
46
47
48
By: Paula G. Barlow 49
City Clerk 50
51
52
APPROVED: 53
54
55
56
By: Bill Gillespie, Jr. 57
Mayor 58
59
60
61
62
63
ORDINANCE BOOK 2025, PAGE ___ 64
ORDINANCE 1
2
[To Grant a Franchise Agreement to Spectrum Southeast, LLC, l/k/a Charter 3
Communications, Inc., to Construct, Operate, and Maintain a Cable System in the City of 4
Prattville and to Set Forth the Conditions Accompanying the Grant of the Franchise; 5
Providing for the Regulation and Use of the System and the Public Right-Of-Way.] 6
7
{Sponsored By: Councilor Chambers} 8
9
WHEREAS, in Resolution Book 2024-B, Page 274, on November 6, 2024, the City 10
11
Council authorized the Mayor to enter into an agreement with Local Governmental 12
13
Services to negotiate a Video Services Renewal Agreement with Spectrum Southeast, 14
15
LLC l/k/a Charter Communications. 16
17
NOW, THEREFORE, BE IT ORDAINED as follows: 18
19
CABLE TELEVISION FRANCHISE ORDINANCE 20
FOR 21
PRATTVILLE, ALABAMA 22
AND 23
SPECTRUM SOUTHEAST, LLC 24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
52
53
54
55
56
57
58
59
60
61
62
63
TABLE OF CONTENTS 1
SECTION 1. SHORT TITLE AND DEFINITIONS ......................................................... 22
1.Short Title ...................................................................................... 23
2.Definitions ...................................................................................... 24
5
SECTION 2. GRANT OF AUTHORITY AND GENERAL PROVISIONS ....................... 56
1.Grant of Franchise ......................................................................... 57
2.Grant of Nonexclusive Authority .................................................... 58
3.Franchise Term ............................................................................. 69
4.Previous Franchises. ..................................................................... 610
5.Compliance with Applicable Laws, Resolutions and Ordinances .. 611
6.Written Notice ................................................................................ 612
13
SECTION 3. CONSTRUCTION STANDARDS .............................................................714
1.Registration, Permits Construction Codes and Cooperation ......... 715
2.Minimum Interference .................................................................... 816
3.Disturbance or damage……………………………………………… 8 17
4.Temporary Relocation ...................................................................918
5.Emergency .................................................................................... 919
6.Tree Trimming ............................................................................... 920
7.Protection of facilities…………………………………………………..9 21
8.Installation records……………………………………………………...9 22
9. Locating facilities……………………………………………………... 10 23
10.Interference with Franchise Authority Facilities……………..…… 10 24
11. Safety Requirements………………………………………………… 10 25
26
SECTION 4. DESIGN PROVISIONS……………………………………………………… 11 27
1.System Construction .................................................................... 11 28
2.Interruption of Service…………………………………………………11 29
3.Emergency Alert Capability ………………………………………..…1130
4.Technical Standards ...................................................................... 1131
5.FCC Reports ................................................................................. 1132
6.Annexation .................................................................................... 1133
7.Service Area…………………………………………………………… 12 34
35
SERVICE 5. SERVICE PROVISIONS……………………………………………………….1236
1.Sales Procedures .......................................................................... 1237
2.Consumer Protection and Service Standards ................................ 1238
3.Subscriber Contracts ..................................................................... 1239
4.Late Fees ...................................................................................... 1340
41
SECTION 6. OPERATION AND ADMINISTRATION PROVISIONS………………… 13 42
1.Administration of Franchise………………………………………… 13 43
2.Franchise Fee……………………………………………………...… . 1344
3.Discounted Rates………………………………………………….….. 14 45
4.Access to Records…………………………………………………… . 1446
47
SECTION 7. GENERAL FINANCIAL AND INSURANCE PROVISIONS………………. 1448
1.Liability Insurance…………………………………………………….. 1449
2.Indemnification………………………………………………………… 1550
51
SECTION 8. SALE, ABANDONMENT, TRANSFER & REVOCATION OF FRANCHISE 1652
1.Franchise Authority 's Right to Revoke…………………………… 1653
2.Procedures for Revocation……………………………………………1654
3.Removal After Abandonment, Termination or Forfeiture…………..17 55
4.Franchise Transfer……………………………………………………..17 56
57
SECTION 9. PROTECTION OF INDIVIDUAL RIGHTS…………………………………... 1758
1.Discriminatory Practices Prohibited…………………………………. 1759
2.Subscriber Privacy……………………………………………………. 1760
61
SECTION 10. MISCELLANEOUS PROVISIONS…………………………………………. 17 62
1.Franchise Renewal…………………………………………………… 17 63
2.Work Performed by Others………………………………………….. . 1864
3.Amendment of Franchise Ordinance……………………………. 181
4.Compliance with Federal, State and Local Laws………………. 18 2
5.Nonenforcement by Franchise Authority………………………... 18 3
6.Rights Cumulative…………………………………………………… 18 4
7.Force Majeure………………………………………………………… 19 5
6
SECTION 11. PUBLICATION EFFECTIVE DATE; ACCEPTANCE AND EXHIBITS… 19 7
1.Publication, Effective Date………………………………………….. 19 8
2.Acceptance…………………………………………………………… 199
10
AN ORDINANCE GRANTING A FRANCHISE TO SPECTRUM SOUTHEAST, LLC, AN 1
INDIRECT SUBSIDIARY OF CHARTER COMMUNICATIONS, INC. TO CONSTRUCT, 2
OPERATE, AND MAINTAIN A CABLE SYSTEM IN PRATTVILLE, ALABAMA SETTING 3
FORTH CONDITIONS ACCOMPANYING THE GRANT OF THE FRANCHISE; PROVIDING 4
FOR REGULATION AND USE OF THE SYSTEM AND THE PUBLIC RIGHTS-OF-WAY; 5
6
The City Council of Prattville Alabama ordains: 7
8
STATEMENT OF INTENT AND PURPOSE 9
10
Franchise Authority intends, by the adoption of this Franchise, to bring about the further 11
development of a Cable System, and the continued operation of it. Such development can 12
contribute significantly to the communication needs and desires of the residents and citizens 13
of Franchise Authority and the public generally. Further, Franchise Authority may achieve 14
better utilization and improvement of public services and enhanced economic development 15
with the development and operation of a Cable System. 16
Adoption of this Franchise is, in the judgment of the City Council, in the best interests of 17
Franchise Authority and its residents. 18
19
FINDINGS 20
21
In the review of the request for renewal by Grantee and negotiations related thereto, and as a 22
result of a public hearing, the City Council makes the following findings: 23
1. Grantee has substantially complied with the material terms of the current Franchise 24
under applicable laws; 25
26
2. Grantee’s technical ability, financial condition, legal qualifications, and character were 27
considered and approved in a full public proceeding after due notice and a reasonable 28
opportunity to be heard; 29
3. Grantee’s plans for operating the Cable System were considered and found adequate 30
and feasible in a full public proceeding after due notice and a reasonable opportunity to 31
be heard; 32
4. The Franchise granted to Grantee by Franchise Authority complies with the existing 33
applicable state statutes, federal laws and regulations; and 34
5. The Franchise granted to Grantee is nonexclusive. 35
36
SECTION 1. 37
SHORT TITLE AND DEFINITIONS 38
39
1. Short Title. This Franchise Ordinance shall be known and cited as the Cable Television 40
Franchise Ordinance. 41
2. Definitions. For the purposes of this Franchise, the following terms, phrases, words, and 42
their derivations shall have the meaning ascribed to them in the Cable Communications 43
Policy Act of 1984, as amended from time to time (the “Cable Act”), unless otherwise 44
defined herein. When not inconsistent with the context, words in the singular number 45
include the plural number, and words in the plural number include the singular number. 46
The word “shall” is always mandatory and not merely directory. The word “may” is 47
directory and discretionary and not mandatory. Words not defined shall be given their 48
common and ordinary meaning. 49
a. “Applicable Laws” means any law, statute, charter, ordinance, rule, regulation, 50
code, license, certificate, franchise, permit, writ, ruling, award, executive order, 51
directive, requirement, injunction (whether temporary, preliminary or permanent), 52
judgment, decree or other order issued, executed, entered or deemed applicable 53
by any governmental authority. 54
b. “Basic Cable Service” means any Service tier which includes the lawful 55
retransmission of local television broadcast signals and any public, educational, 56
and governmental access programming required by the Franchise to be carried 57
on the basic tier. Basic Cable Service as defined herein shall be the definition set 58
forth in 47 U.S.C. § 543(b) (7). 59
c. “City Council” means the governing body of Prattville, Alabama. 60
d. “Cable Act” shall mean the Cable Communications Act of 1984, as amended, 47 61
U.S.C. §§ 521, et. seq. 62
e. “Cable Service” or “Service” means (A) the one-way transmission to Subscribers 63
of (i) Video Programming or (ii) Other Programming Service, and (B) Subscriber 64
interaction, if any, which is required for the selection or use of such Video 1
Programming or Other Programming Service. Cable Service as defined herein 2
shall be the definition set forth in 47 U.S.C. § 522(6). 3
f. “Cable System” or “System” means a facility, consisting of a set of closed 4
transmission paths and associated signal generation, reception, and control 5
equipment that is designed to provide Cable Service which includes Video 6
Programming and which is provided to multiple Subscribers within a community, 7
but such term does not include: 8
i. a facility that serves only to retransmit the television signals of one (1) or 9
more television broadcast stations; 10
ii. a facility that serves Subscribers without using any public Right -of-Way; 11
iii. a facility of common carrier which is subject, in whole or in part, to the 12
provisions of 47 U.S.C. § 201 et seq., except that such facility shall be 13
considered a Cable System (other than for purposes of 47 U.S.C. 14
§ 541(c)) to the extent such facility is used in the transmission of Video 15
Programming directly to Subscribers, unless the extent of such use is 16
solely to provide interactive on-demand services; 17
iv. an open video system that complies with 47 U.S.C. § 573; or 18
v. any facilities of any electric utility used solely for operating its electric utility 19
systems. 20
vi. Cable System as defined herein shall be the definition set forth in 47 21
U.S.C. § 522(7). 22
g. “Channel” or “Cable Channel” means a portion of the electromagnetic frequency 23
spectrum which is used in a Cable System and which is capabl e of delivering a 24
television Channel as defined by the FCC. Cable Channel as defined herein shall 25
be the definition set forth in 47 U.S.C. § 522(4). 26
h. “Franchise Authority” or “Grantor” means City of Prattville, a municipal 27
corporation, in the State of Alabama, acting by and through its City Council, or its 28
lawfully appointed designee. 29
i. “Drop” means the cable that connects the ground block on the Subscriber’s 30
residence to the nearest distribution point of the System. 31
j. “FCC” means the Federal Communications Commission and any legally 32
appointed, designated or elected agent or successor. 33
k. “Franchise” or “Cable Franchise” means this franchise ordinance and the 34
regulatory and contractual relationship established hereby. 35
l. “Franchise Fee” includes any tax, fee, or assessment of any kind imposed by the 36
Franchise Authority or other governmental entity on Grantee or Subscriber, or 37
both, solely because of their status as such. It does not include any tax, fee, or 38
assessment of general applicability (including any such tax, fe e, or assessment 39
imposed on both utilities and cable operators or their services but not including a 40
tax, fee, or assessment which is unduly discriminatory against cable operators or 41
cable Subscribers); capital costs which are required by the Franchise to be 42
incurred by Grantee for public, educational, or governmental access facilities; 43
requirements or charges incidental to the awarding or enforcing of the Franchise, 44
including payments for bonds, security funds, letters of credit, insurance, 45
indemnification, penalties, or liquidated damages; or any fee imposed under Title 46
17 of the United States Code. Franchise Fee defined herein shall be the definition 47
set forth in 47 U.S.C. § 542(g). 48
m. “Grantee” is Spectrum Southeast, LLC ("Charter Communications"), its lawful 49
successors, transferees or assignees. 50
n. “Gross Revenue” means any and all revenue derived by Grantee from the 51
operation of its Cable System to provide Cable Service within the Franchise 52
Authority including, but not limited to, 1) all Cable Service fees, 2 ) Franchise 53
Fees, 3) late fees and, 4) Installation and reconnection fees, 5) upgrade and 54
downgrade fees, 6) local, state and national advertising revenue, 7) home 55
shopping commissions, 8) equipment rental fees, and 9) written or electronic 56
Channel guide revenue. The term “Gross Revenue” shall not include launch fees, 57
bad debts or any taxes or fees on Services furnished by Grantee imposed upon 58
Subscribers by any municipality, state or other governmental unit, credits, refunds 59
and any amounts collected from Subscribers for deposits. Franchise Authority 60
and Grantee acknowledge and agree that Grantee will maintain its books and 61
records in accordance with generally accepted accounting principles (GAAP). 62
63
o. “Installation” means any connection of the System from distribution cable to the 1
point of connection including Standard Installations and custom Installations with 2
the Subscriber Converter or other terminal equipment. 3
p. “Normal Business Hours” means those hours during which most similar 4
businesses in Franchise Authority are open to serve customers. In all cases, 5
“Normal Business Hours” must include some evening hours, at least one (1) night 6
per week and/or some weekend hours. Normal Business Hours as defined herein 7
shall be the definition set forth in 47 C.F.R. § 76.309. 8
q. “Normal Operating Conditions” means those Service conditions which are within 9
the control of Grantee. Those conditions which are not within the control of 10
Grantee include, but are not limited to, natural disasters, civil disturbances, power 11
outages, telephone network outages, and severe or unusual weather conditions. 12
Those conditions which are ordinarily within the control of Grantee include, but 13
are not limited to, special promotions, pay-per-view events, rate increases, 14
regular peak or seasonal demand periods, and maintenance or upgrade of the 15
Cable System. Normal Operating Conditions as defined herein shall be the 16
definition set forth in 47 C.F.R. § 76.309. 17
r. “Other Programming Service” means information that a cable operator makes 18
available to all Subscribers generally. Other Programming Services as defined 19
herein shall be the definition set forth in 47 U.S.C. § 522 (14). 20
s. “Person” is any person, firm, partnership, association, corporation, company, 21
limited liability entity or other legal entity. 22
t. “Right-of-Way” or “Rights-of-Way” means the area on, below, or above any real 23
property in which the Franchise Authority has an interest including, but not limited 24
to any street, road, highway, alley, sidewalk, parkway, utility easements or any 25
other place, area, or real property owned by or under the control of Franchise 26
Authority which are dedicated for compatible use. 27
u. “Right-of-Way Ordinance” means any ordinance or other applicable code 28
requirements regarding regulation, management and use of Rights -of-Way in 29
Franchise Authority, including permitting requirements. 30
v. “Service Area” or “Franchise Area” means the entire geographic area within the 31
Franchise Authority as it is now constituted or may in the future be constituted. 32
w. “Service Interruption” means the loss of picture or sound on one (1) or more Cable 33
Channels. Service Interruption as defined herein shall be the definition set forth 34
in 47 C.F.R. § 76.309. 35
x. “Standard Installation” means any residential Installation which can be completed 36
using an aerial Drop of one hundred twenty-five (125) feet or less. 37
y. “Subscriber” means any Person who receives broadcast programming distributed 38
by a Cable System and does not further distribute it. Subscriber as defined herein 39
shall be the definition set forth in 47 C.F.R. § 76.5(ee). 40
z. “Video Programming” means programming provided by, or generally considered 41
comparable to programming provided by, a television broadcast station. Video 42
Programming as defined herein shall be the definition set forth in 47 U.S.C. 43
§ 522(20). 44
45
SECTION 2. 46
GRANT OF AUTHORITY AND GENERAL PROVISIONS 47
48
1. Grant of Franchise. This Franchise is granted pursuant to the terms and conditions 49
contained herein. 50
2. Grant of Nonexclusive Authority. 51
a. The Grantee shall have the right and privilege, subject to the permitting and other 52
lawful requirements of City ordinance, rule or procedure, to construct, erect, and 53
maintain, in, upon, along, across, above, over and under the Rights -of-Way in the 54
City, a Cable System and shall have the right and privilege to provide Cable 55
Service under the Franchise Agreement. The System constructed and 56
maintained by Grantee or its agents shall not interfere with other uses of the 57
Rights-of-Way. Grantee shall make use of existing poles and other above and 58
below ground facilities available to Grantee to the extent it is technically and 59
economically feasible to do so. 60
b. This Franchise shall be nonexclusive, and Franchise Authority reserves the right 61
to grant use of said Rights-of-Way to any Person at any time during the period of 62
this Franchise for the provision of Cable Service. 63
64
c. If any other wireline provider of cable services or video services (without regard 1
to the technology used to deliver such services) is lawfully authorized by the 2
Grantor to provide such services using facilities located wholly or partly in the 3
public rights-of-way of the Grantor, the Grantor shall within thirty (30) days of a 4
written request from Grantee, modify this Franchise to insure that the obligations 5
applicable to Grantee are no more burdensome than those imposed on the new 6
competing provider. If the Grantor fails to make modifications consistent with this 7
requirement, Grantee’s Franchise shall be deemed so modified thirty (30) days 8
after the Grantee’s initial written notice. Nothing herein shall be deemed a waiver 9
of any remedies available to Grantee under Applicable Laws, including the right 10
to seek judicial review to mandate Grantor amend the franchise to ensure 11
competitive equity between similarly situated competitive providers. 12
3. Franchise Term. This Franchise shall be in effect for a period of ten (10) years from the 13
effective date as provided in Section 11.1 unless sooner renewed, revoked or terminated 14
as herein provided. 15
4. Previous Franchises. Upon acceptance by Grantee as required by Section 11.2 herein, 16
this Franchise shall supersede and replace any previous ordinance or other 17
authorization granting a franchise to Grantee. 18
5. Compliance with Applicable Laws, Resolutions and Ordinances. 19
a. The terms of this Franchise shall define the contractual rights and obligations of 20
Grantee with respect to the provision of Cable Service and operation of the 21
System in the City. However, Grantee shall at all times during the term of this 22
Franchise be subject to all lawful exercise of the police power, of the Franchise 23
Authority. This Franchise may also be modified or amended with the mutual 24
written consent of Franchise Authority and Grantee as provided in Section 10.3 25
herein. 26
b. Grantor shall at all times be subject to and comply with all Applicable Laws with 27
respect to this Franchise. 28
c. Grantee shall comply with the terms of any Franchise Authority ordinance or 29
regulation of general applicability which addresses usage of the Rights -of-Way 30
within Franchise Authority, provided that it does not discriminate between 31
different users of the Rights-of-Way. 32
d. In the event of any conflict between this Franchise and any Franchise Authority 33
ordinance or regulation which addresses usage of the Rights -of-Way, the terms 34
of this Franchise shall govern, provided however Grantee shall at all times comply 35
with Franchise Authority ordinances of general applicability promulgated by the 36
Franchise Authority in accordance with its police powers. 37
6. Written Notice. All notices, reports, or demands required to be given in writing under this 38
Franchise shall be sent via registered or certified mail or shall be deemed to be given 39
when delivered personally to any officer of Grantee or Franchise Authority or forty-eight 40
(48) hours after it is deposited in the United States mail in a sealed envelope, postage 41
prepaid thereon, addressed to the party to whom notice is being given, as follows: 42
If to Franchise Authority: City of Prattville 43
Attn: Mayor 44
101 West Main Street 45
Prattville, Alabama 36067 46
47
If to Grantee: Charter Communications 48
Attn: Government Affairs 49
151 London Parkway 50
Birmingham, AL 35211 51
52
With nonbinding courtesy copies to: 53
54
Charter Communications 55
Attn: Government Relations 56
601 Massachusetts Avenue - 4th Floor 57
Washington, DC 20001 58
59
Such addresses may be changed by either party upon notice to the other party given as 60
provided in this section. 61
62
63
64
SECTION 3. 1
CONSTRUCTION STANDARDS 2
3
1. Registration, Permits, Construction Codes, and Cooperation. 4
a. Grantee shall comply with the construction requirements of local, state and federal 5
laws. 6
b. Grantee agrees to obtain a permit as required by Franchise Authority prior to 7
removing, abandoning, relocating or reconstructing, if necessary, any portion of its 8
facilities in the Right of Way, other than for the normal routine installation of Drops(s). 9
The Franchise Authority shall make all reasonable efforts to issue permits, licenses, 10
or other approvals within ten (10) business days. Notwithstanding the foregoing, 11
Franchise Authority understands and acknowledges there may be instances when 12
Grantee is required to make repairs, in compliance with federal or state laws, that 13
are of an emergency nature. Grantee will notify Franchise Authority prior to such 14
repairs, if practicable, and will obtain th e necessary permits in a reasonable time 15
after notification to Franchise Authority but in no event later than (5) business days 16
after the emergency work has commenced. 17
c. City may issue reasonable policy guidelines applicable to all Rights -of-Ways users 18
to establish procedures for determining how to control issuance of engineering 19
permits to multiple grantees for the use of the same Rights-of-Way for their facilities. 20
Grantee shall cooperate with City in establishing such policy and comply, to the 21
extent technically feasible, with the procedures established by the Mayor or his or 22
her designee to coordinate the issuance of multiple engineering permits in the same 23
Right-of-Way segments. 24
d. Grantee shall have the opportunity to meet with developers and be present at pre-25
construction meetings to ensure that the newly constructed Cable System facilities 26
are installed in new developments, within the City where extension of service is 27
economically feasible at Grantee’s discretion, in a timely manner upon written 28
notification of such meetings to the Grantee. 29
e. Subject to Applicable Laws and reasonable advance notice, which in no event shall 30
be less than thirty (30) days, when Franchise Authority uses its prior superior right 31
to the Rights-of-Way and public ways, Grantee shall move its property that is located 32
in the Rights-of-Way and public ways, at its own cost, to such a location as Franchise 33
Authority directs. The relocation shall be made at Grantee’s expense unless funds 34
are available to or from Grantor or any agency thereof to directly or indirectly 35
reimburse any other user(s) of the Rights-of-Way for their cost of relocation, in which 36
case Grantee shall be reimbursed on a comparable basis. Nothing in this Franchise 37
shall be construed to prevent Franchise Authority from constructing, maintaining, 38
repairing or relocating sewers; grading, paving, maintaining, repairing, relocating 39
and/or altering any Right-of-Way; constructing, laying down, repairing, maintaining 40
or relocating any water mains; or constructing, maintaining, relocating, or repairing 41
any sidewalk or other public work. 42
2. Minimum Interference. 43
a. Grantee shall use commercially reasonable efforts to give reasonable prior notice to 44
any adjacent private property owners who will be negatively affected or impacted by 45
Grantee’s work in the Rights-of-Way. 46
b. All transmission and distribution structures, lines and equipment erected by Grantee 47
shall be located so as to cause minimum interference with the unencumbered use of 48
Rights-of-Way and other public places and minimum interference with the rights and 49
reasonable convenience of property owners who adjoin any of the Rights -of-Way 50
and public places. 51
3. Disturbance or damage. Any and all Rights-of-Way, or public or private property, which 52
are disturbed or damaged during the construction, repair, replacement, relocation, 53
operation, maintenance, expansion, extension or reconstruction of the System shall be 54
promptly and fully restored by Grantee, at its expense, to a condition reasonably 55
comparable to that prevailing prior to Grantee’s work, as reasonably determined by 56
Franchise Authority. If Grantee shall fail to promptly perform the restoration required 57
herein, after written request of Franchise Authority and a thirty (30) day opportunity to 58
satisfy that request, Franchise Authority shall have the right to put the Rights -of-Way 59
back into condition as good as that prevailing prior to Grantee’s work . In the event 60
Franchise Authority determines that Grantee is responsible for such disturbance or 61
damage, Grantee shall be obligated to fully reimburse Franchise Authority for such 62
restoration within thirty (30) days after its receipt of Franchise Authority’s invoice thereof. 63
4. Temporary Relocation. 1
a. At any time during the period of the Franchise, Grantee shall, at its own expense, 2
protect, support, temporarily disconnect, relocate or remove any of its property 3
when, in the opinion of Franchise Authority, (i) the same is required by reason of 4
traffic conditions, public safety, Rights-of-Way vacation, freeway or Rights-of-5
Way construction, alteration to or establishment of any Rights -of-Way or any 6
facility within the Rights-of-Way, sidewalk, or other public place, including but not 7
limited to, installation of sewers, drains, waterlines, power lines, traffic signal lines 8
or transportation facilities; or (ii) a Franchise Authority project or activity makes 9
disconnection, removal, or relocation necessary or less expensive for Franchise 10
Authority. 11
b. Grantee shall, on request of any Person holding a permit to move a building, 12
temporarily raise or lower its wires to permit the movement of such buildings. The 13
expense of such temporary removal or raising or lowering of wires shall be paid 14
by the Person requesting the same, and Grantee shall have the authority to 15
require such payment in advance. Grantee shall be given not less than ten (10) 16
days advance notice to arrange such temporary wire alterations. 17
5. Emergency. Whenever, in case of fire or other emergency, it becomes necessary in the 18
judgment of the Mayor, police chief, fire chief, or their delegates, to remove or damage 19
any of Grantee’s facilities, no charge shall be made by Grantee against Franchise 20
Authority for restoration, repair or damages. Grantor is aware that the communication 21
facilities of the Grantee can and does transport emergency required communications 22
such as phone and internet life monitoring services if a representative of the Grantor 23
disconnects or damages the facilities of the Grantee. 24
6. Tree Trimming. Grantee shall comply with all applicable provisions of the Code of 25
Ordinances of the Franchise Authority regarding the trimming of any trees on public 26
property or in the Rights-of-Way. 27
7. Protection of facilities. Nothing contained in this section shall relieve any Person from 28
liability arising out of the failure to exercise reasonable care to avoid damaging Grantee’s 29
facilities while performing any work connected with grading, regarding or changing the 30
line of any Rights-of-Way or public place or the construction or reconstruction of any 31
sewer or water system. 32
8. Installation records. Grantee shall keep accurate Installation records of the location of 33
all facilities in the Rights-of-Way and public ways and, upon written request of Franchise 34
Authority, will make them available for viewing to Franchise Authority at Grantee’s office 35
or in a mutually agreed upon location. 36
9. Locating facilities. 37
a. If during the design process for public improvements, Franchise Authority 38
discovers a potential conflict between Grantee's facilities and proposed 39
construction, Grantee shall either: (a) locate and, if necessary, expose its 40
facilities in conflict or (b) use a location service to locate or expose its facilities. 41
Grantee is obligated to furnish the location information in a timely manner, but in 42
no case longer than thirty (30) days after written notice from Franchise Authority 43
b. Franchise Authority reserves the prior and superior right to lay, construct, erect, 44
install, use, operate, repair, replace, remove, relocate, re-grade, widen, realign, 45
or maintain any Public Way, aerial, surface, or subsurface improvement, 46
including but not limited to water mains, traffic control conduits, cable and 47
devices, sanitary or storm sewers, subways, tunnels, bridges, viaducts, or any 48
other public construction within the Public way. 49
10. Interference with Franchise Authority Facilities. 50
The Installation, use and maintenance of the Grantee’s facilities within the Rights-of-51
Way and public ways authorized herein shall be in such a manner as not to interfere 52
with the placement, construction, use and maintenance of its Rights -of-Way and public 53
ways, Rights-of-Way lighting, water pipes, drains, sewers, traffic signal systems or other 54
systems that have been installed, maintained, used or authorized by Franchise 55
Authority. 56
11. Safety Requirements. 57
a. Grantee shall at all times employ ordinary and reasonable care and shall install 58
and maintain in use nothing less than commonly accepted methods and 59
devices for preventing failures and accidents which are likely to cause damage 60
or injuries. 61
b. Grantee shall install and maintain its System and other equipment in accordance 62
with Franchise Authority’s codes and the requirements of the National Electric 63
Safety Code and all other applicable FCC, state and local regulations, and in 64
such manner that they will not interfere with Franchise Authority communications 1
technology related to health, safety and welfare of the residents. 2
c. Cable System structures, and lines, equipment and connections in, over, under 3
and upon the Rights-of-Way of Franchise Authority, wherever situated or located, 4
shall at all times be kept and maintained in good condition, order, and repair so 5
that the same shall not menace or endanger the life or property of Franchise 6
Authority or any Person. 7
8
SECTION 4. 9
DESIGN PROVISIONS 10
11
1. System Construction. All transmission lines, equipment and structures shall be so 12
installed and located as to cause minimum interference with the rights and reasonable 13
convenience of property owners and at all times shall be kept and main tained in a safe, 14
adequate and substantial condition, and in good order and repair. The Grantee shall, at 15
all times, employ ordinary care and use commonly accepted methods and devices for 16
preventing failures and accidents which are likely to cause damage, injuries, or 17
nuisances to the public. Suitable barricades, flags, lights, flares or other devices shall 18
be used at such times and places as are reasonably required for the safety of all 19
members of the public. Any poles or other fixtures placed in any publi c way by the 20
Grantee shall be placed in such a manner as not to interfere with the usual travel on 21
such public way. 22
2. Interruption of Service. Grantee shall interrupt Service only for good cause and for the 23
shortest time possible. Such interruption shall occur during periods of minimum use of 24
the System. 25
3. Emergency Alert Capability. Grantee shall at all times comply with the Emergency Alert 26
System standards pursuant to Title 47, Section 11, Subparts A-E of the Code of Federal 27
Regulations, as may be amended or modified from time to time. 28
4. Technical Standards. The technical standards used in the operation of the System shall 29
comply, at minimum, with the technical standards promulgated by the FCC relating to 30
Cable Systems pursuant to Title 47, Section 76, Subpart K of the Code of Federal 31
Regulations, as may be amended or modified from time to time, which regulations are 32
expressly incorporated herein by reference. 33
5. FCC Reports. The results of any tests required to be filed by Grantee with the FCC shall 34
upon request of Franchise Authority also be filed with Franchise Authority or its designee 35
within ten (10) days of the date of request. 36
6. Annexation. Upon the annexation of any additional land area by the Franchise Authority, 37
if the annexed area is not currently served by a cable operator it will be subjec t to the 38
other provisions of this Section 4. If the annexed area is served by a cable operator, 39
Grantee has the option to extend its Cable System to the newly annexed area if Grantee 40
determines that it is economically feasible to do so. Upon the annexation of any 41
additional land area by the Franchise Authority, the annexed area shall be subject to all 42
the terms of this Franchise upon sixty (60) days of written notification by the Franchise 43
Authority to Grantee. A cable operator other than Grantee whose Cable System already 44
passes homes in an annexed area shall not extend its Cable System beyond those 45
homes which it passes at the time the annexation occurs unless it otherwise obtains a 46
franchise from the Franchise Authority. In the event the Grantor modifies the Service 47
Area by annexation or any other means, the Franchise Authority shall provide at least 48
sixty (60) days prior notice to the Grantee. The Franchise Authority shall also notify 49
Grantee of all new street address assignments or changes within the Service Area. Said 50
notice shall be in writing to the address set forth below by U.S. certified mail, return 51
receipt requested. Franchise Authority shall provide detail and information, including 52
address files and maps in sufficient detail and in an acceptable digital format, if feasible. 53
Grantee shall begin to collect Franchise Fees from Subscribers in any annexed area 54
within ninety (90) days of such notice and address information as described above. 55
Grantee shall not be obligated to collect and remit Franchise Fees until such notice and 56
information has been received by Grantee. 57
All notices provided under this subsection shall be delivered to the Grantee at the 58
following addresses: 59
Charter Communications 60
Attn: Government Relations Director 61
151 London Parkway 62
Birmingham, AL 35211 63
64
With a courtesy copy to: 1
2
Charter Communications 3
Attn: Government Relations 4
601 Massachusetts Avenue – 4th Floor 5
Washington, DC 20001 6
7
Grantee shall provide Grantor thirty (30) days written notice of address changes 8
affecting this subsection pursuant to section 2, paragraph 7. 9
7. Service Area. The Grantee shall continue to provide Cable Service to all residences 10
within the Service Area where Grantee currently provides Cable Service. Grantee shall 11
have the right, but not the obligation, to extend the Cable System into any other portion 12
of the Service Area, including annexed areas. Cable Service offered to Subscribers 13
pursuant to this Franchise shall be conditioned upon Grantee having legal access to any 14
such Subscriber’s dwelling unit or other units wherein such Cable Service is provided. 15
16
SECTION 5. 17
SERVICE PROVISIONS 18
19
1. Sales Procedures. Grantee shall have the right to market door-to-door during 20
reasonable hours consistent with local ordinances and regulation. Grantee’s sales 21
personnel will not be required to compensate Franchise Authority for any permit that 22
may be required. 23
2. Consumer Protection and Service Standards. The Grantee shall comply with all 24
applicable federal regulations relating to customer service obligations, including any 25
amendments to 47 C.F.R. § 76.309 during the term of this Franchise, which for the 26
parties’ convenience are set forth in the attached Exhibit A. 27
3. Subscriber Contracts. Upon request, Grantee shall file with Franchise Authority any 28
standard form residential Subscriber contract utilized by Grantee. If no such written 29
contract exists, upon request, Grantee shall file with the Franchise Authority a document 30
completely and concisely stating the length and terms of the Subscriber contract offered 31
to customers. The length and terms of any Subscriber contract(s) shall be available for 32
public inspection during Normal Business Hours. A list of Grantee’s current Subscriber 33
rates and charges for Cable Service is maintained on Grantee’s website and will be 34
made available to Subscribers and Franchise Authority upon request. 35
4. Late Fees. Grantee shall comply with all applicable state and federal laws with respect 36
to any assessment, charge, cost, fee or sum, however characterized, that the Grantee 37
imposes upon a Subscriber for late payment of a bill. The Franchise Authority reserves 38
the right to enforce Grantee’s compliance with all Applicable Laws to the maximum 39
extent legally permissible. 40
41
SECTION 6. 42
OPERATION AND ADMINISTRATION PROVISIONS 43
44
1. Administration of Franchise. The Mayor or other designee shall have continuing 45
regulatory jurisdiction and supervision over the System and the Grantee’s operation 46
under the Franchise; provided, however, that the City Council shall retain the sole 47
authority to take enforcement action pursuant to this Franchise. 48
2. Franchise Fee. 49
a. During the term of the Franchise, Grantee shall pay quarterly to Franchise 50
Authority a Franchise Fee in an amount equal to five percent (5%) of its quarterly 51
Gross Revenues, 52
b. Any payments due under this provision shall be payable quarterly. The payment 53
shall be made within forty-five (45) days of the end of each of Grantee’s fiscal 54
quarters. If the Franchise Authority receives payment electronically, Grantee shall 55
provide, together with the payment or via a separate e -mail sent at the time the 56
payment is made, a report showing the basis for the computation in form and 57
substance substantially the same as Exhibit B attached hereto. In the event 58
payments are not made electronically, Grantee shall provide the report promptly 59
upon the request of the Franchising Authority. In the event that a Franchise Fee 60
payment or other sum due is not received by the Franchise Authority on or before 61
the date due, or is underpaid, Grantee shall pay in addition to the payment, or 62
sum due, interest from the due date at the state legal interest rate of 6% annually 63
(Alabama Code § 8.8.1). 64
c. All amounts paid shall be subject to audit and recomputation by Franchise 1
Authority and acceptance of any payment shall not be construed as an accord 2
that the amount paid is in fact the correct amount. In the event the City should 3
conduct a review of Grantee’s books and records of this Franchise and such 4
review indicates a Franchise Fee underpayment of seven percent (7%) or more 5
during the entire period reviewed, the Grantee shall, subject to Applicable Law, 6
assume all reasonable documented costs of such audit, and pay same upon 7
demand by the City. 8
3. Discounted Rates. For the purposes of this section, in the case of a Cable Service that 9
may be bundled or integrated functionally with other services, capabilities, or 10
applications, the Franchise Fee shall be applied only to the gross revenue, as defined 11
in Section 1.2.n., attributable to Cable Service. Where Grantee bundles, integrates, ties, 12
or combines Cable Services with non-video services creating a bundled package, so 13
that subscribers pay a single fee for more than one class of service or receive a discount 14
on Cable Services, gross revenues shall be determined based on generally accepted 15
accounting principles. 16
4. Access to Records. The Franchise Authority shall have the right to inspect, upon 17
reasonable notice and during Normal Business Hours, or require Grantee to provide 18
within a reasonable time copies of any records maintained by Grantee which relate to 19
System operations including specifically Grantee’s accounting and financial recor ds. 20
The Grantee shall not be required to maintain any books and records for Franchise 21
compliance purposes longer than required by applicable state statute of limitations, as 22
may be amended from time to time, except for service complaints which shall be kep t 23
for one (1) year. Franchise Authority acknowledges that some of the records which may 24
be provided by Grantee may be classified as confidential and therefore may subject 25
Grantee to competitive disadvantage if made public. Franchise Authority shall therefo re 26
maintain the confidentiality of any and all records provided to it by Grantee which are 27
not required to be made public pursuant to Applicable Laws. Grantee shall produce such 28
books and records for Franchise Authority’s inspection at any mutually agreed upon 29
location within the City. 30
31
SECTION 7. 32
GENERAL FINANCIAL AND INSURANCE PROVISIONS 33
34
1. Liability Insurance. 35
a. Grantee shall obtain with its acceptance of this Franchise, and at all times 36
thereafter maintain in full force and effect at its sole expense, an occurrence -37
based comprehensive general liability insurance policy, including contractual 38
liability coverage with standard insurance exclusions, in protection of Franchise 39
Authority, its officers, elected officials, boards, commissions, agents and 40
employees. The policy or policies shall name as additional insured the Franchise 41
Authority, its officers, elected officials, boards, commissions, age nts and 42
employees. The Commercial General Liability shall be $2,000,000 per 43
occurrence for bodily injury, death or property damage and $3,000,000 44
aggregate. The policy or policies of insurance shall be maintained by Grantee in 45
full force and effect during the entire term of the Franchise and shall be issued by 46
company licensed to do business in the State of Alabama with a rating by A.M. 47
Best & Co. of not less than “A” upon the Effective Date of this Franchise or at the 48
time a sale or transfer of ownership is approved by Franchise Authority. Grantee 49
shall furnish Franchise Authority with current certificates of insurance evidencing 50
such coverage upon request. Cancellation notice will be provided for any reason 51
other than non-payment of premium and requires the Franchise Authority provide 52
Grantee a valid contact name and e -mail address (with any changes to the 53
contact name or e-mail address being the responsibility of the Franchise 54
Authority). 55
2. Indemnification 56
a. Grantee shall indemnify, defend and hold Franchise Authority, its officers, boards, 57
commissions, agents and employees (collectively the “Indemnified Parties”) 58
harmless from and against any and all lawsuits, claims, causes or action, actions, 59
liabilities, demands, damages, judgments, settlements, disability, losses, 60
expenses (including attorney’s fees and disbursements of counsel) and costs of 61
any nature that any of the Indemnified Parties may at any time suffer, sustain or 62
incur arising out of, based upon or in any way connected with the Grantee’s 63
negligent operations, the exercise of the Franchise, the breach of Grantee of its 64
obligations under this Franchise and/or the negligent activities of Grantee, it 1
subcontractors, employees and agents hereunder. Grantee shall be solely 2
responsible for and shall indemnify, defend and hold the Indemnified Parties 3
harmless from and against any and all matters relative to payment of Grantee’s 4
employees, including compliance with Social Security and withholdings. Grantee 5
shall not be required to indemnify Franchise Authority for negligence or 6
misconduct on the part of Franchise Authority or its officials, boards, 7
commissions, agents, or employees. 8
b. The indemnification obligations of Grantee set forth in this Franchise are not 9
limited in any way by the amount or type of damages or compensation payable 10
by or for Grantee under Workers’ Compensation, disability or other employee 11
benefit acts, acceptance of insurance certificates required under this Franchise 12
or the terms, applicability or limitations of any insurance held by Grantee. 13
c. Franchise Authority does not, and shall not, waive any rights against Grantee 14
which it may have by reason of the indemnification provided for in this Franchise, 15
because of the acceptance by Franchise Authority, or the deposit with Franchise 16
Authority by Grantee, of any of the certificates of insurance described in this 17
Franchise. 18
d. The indemnification of Franchise Authority by Grantee provided for in this 19
Franchise shall apply regardless of whether or not such insurance policies shall 20
have been determined to be applicable to any such damages or claims for 21
damages. 22
e. In order for Franchise Authority to assert its rights to be indemnified, defended, 23
and held harmless, Franchise Authority must, with respect to each claim: 24
i. Promptly notify Grantee within ten (10) business days in writing of any 25
claim or legal proceeding which gives rise to such right; 26
ii. Afford Grantee the opportunity to participate in and fully control any 27
compromise, settlement or other resolution or disposition of any claim or 28
proceeding; and 29
iii. Fully cooperate with reasonable requests of Grantee, at Grantee's 30
expense, in its participation in, and control, compromise, settlement or 31
resolution or other disposition of such claim or proceeding subject to 32
subparagraph (ii) above. 33
34
SECTION 8. 35
SALE, ABANDONMENT, TRANSFER AND REVOCATION OF FRANCHISE 36
37
1. Franchise Authority’s Right to Revoke. 38
In addition to all other rights which Franchise Authority has pursuant to law or equity, 39
Franchise Authority reserves the right to commence proceedings to revoke, terminate 40
or cancel this Franchise, and all rights and privileges pertaining thereto, if it is 41
determined by Franchise Authority that after notice and an opportunity to cure as 42
reordered herein; 43
i. Grantee has repeatedly and substantially violated material provisions(s) of 44
this Franchise and has not put forth a reasonable proposal to cure such 45
violations; or 46
ii. Grantee has intentionally and materially evaded any of the provisions of 47
the Franchise; or 48
iii. Grantee has practiced a material fraud or a material deceit upon Franchise 49
Authority. 50
2. Procedures for Revocation. 51
a. Franchise Authority shall provide Grantee with written notice of a cause for 52
revocation and the intent to revoke and shall allow Grantee thirty (30) days 53
subsequent to receipt of the notice in which to correct the violation or to provide 54
adequate assurance of performance in compliance with the Franchise. In the 55
notice required therein, Franchise Authority shall provide Grantee with the basis 56
of the revocation. 57
b. Should Franchise Authority determine to proceed with a revocation proceeding, 58
Grantee shall be provided the right to a public hearing affording due process 59
before the City Council prior to the effective date of revocation. The due process 60
to be afforded Grantee shall include the Grantee’s right to present any written or 61
verbal testimony or other relevant evidence to the City Council for consideration. 62
Such information presented by Grantee shall be considered part of the record of 63
the proceeding. Franchise Authority shall provide Grantee with written notice of 1
its decision together with written findings of fact supplementing said decision. 2
c. Only after the public hearing and upon written notice of the determination by 3
Franchise Authority to revoke the Franchise may Grantee appeal said decision 4
with an appropriate state or federal court or agency. Nothing in this Franchise, 5
including the enforcement provisions set forth in this Section 8, shall prevent 6
Grantee from filing at any time a legal action in any permissible court or tribunal 7
seeking a declaration or enforcement of Grantee’s rights or obligations under the 8
Franchise. 9
d. During the appeal period or pendency of any legal action, the Franchise shall 10
remain in full force and effect unless the term thereof sooner expires and Grantee 11
is not pursuing renewal under Applicable Law or unless cont inuation of the 12
Franchise would endanger the health, safety and welfare of any Person or the 13
public. 14
3. Removal After Abandonment, Termination or Forfeiture. In the event of termination or 15
forfeiture of the Franchise or abandonment of the System, Franchise Authority shall 16
have the right to require Grantee to remove all or any portion of the System from all 17
Rights-of-Way and public property within City. 18
4. Franchise Transfer. The Franchise granted hereunder shall not be assigned, other than 19
to an entity controlling, controlled by, or under common control with the Grantee, without 20
the prior written consent of the Grantor, such consent not to be unreasonably withheld 21
or delayed. No such consent shall be required, however, for a transfer in trust, by 22
mortgage, by other hypothecation, or by assignment of any rights, title, or interest of the 23
Grantee in the Franchise or Cable System to secure indebtedness. Within thirty (30) 24
days of receiving a request for transfer, the Grantor shall notify the Grantee in writing of 25
any additional information it reasonably requires to determine the legal, financial and 26
technical qualifications of the transferee. If the Grantor has not taken action on the 27
Grantee’s request for transfer within one hundred twenty (120) days after receiving such 28
request, consent by the Grantor shall be deemed given. 29
30
SECTION 9. 31
PROTECTION OF INDIVIDUAL RIGHTS 32
33
1. Discriminatory Practices Prohibited. Grantee shall not deny Service, deny access, or 34
otherwise discriminate against Subscribers or general citizens on the basis of race, 35
color, religion, national origin, sex, age, status as to public assistance, affectional 36
preference, or disability. Grantee shall comply at all times with all other Applicable Laws, 37
and all executive and administrative orders relating to nondiscrimination. 38
2. Subscriber Privacy. Grantee shall at all times comply with all applicable provisions of 47 39
U.S.C. 551 governing subscriber privacy. Grantor reserves any and all rights it may have 40
now or in the future to enforce compliance with all applicable state and federal laws and 41
regulations governing subscriber privacy. 42
43
SECTION 10. 44
MISCELLANEOUS PROVISIONS 45
46
1. Franchise Renewal. Any renewal of this Franchise shall be performed in accordance 47
with Applicable Laws. 48
2. Work Performed by Others. All applicable obligations of this Franchise shall apply to any 49
subcontractor or others performing any work or services pursuant to the provisions of 50
this Franchise. Grantee or its contractor or subcontractor shall provide notice, which 51
notice may be provided by filing lawfully required permit applications, to Franchise 52
Authority of the name(s) and address(es) of any entity, other than Grantee, which 53
performs substantial services pursuant to this Franchise. 54
3. Amendment of Franchise Ordinance. Grantee and Franchise Authority may agree, from 55
time to time, to amend this Franchise. Such written amendments may be made at any 56
time if Franchise Authority and Grantee agree that such an amendment will be in the 57
public interest or if such an amendment is required due to changes in federal, state or 58
local laws. 59
4. Compliance with Federal, State and Local Laws. 60
a. If any federal or state law or regulation shall require or permit Franchise Authority 61
or Grantee to perform any service or act or shall prohibit Franchise Authority or 62
Grantee from performing any service or act which may be in conflict with the 63
terms of this Franchise, then as soon as possible following knowledge thereof, 64
either party shall notify the other of the point in conflict b elieved to exist between 1
such law or regulation. 2
b. If any term, condition or provision of this Franchise or the application thereof to 3
any Person or circumstance shall, to any extent, be held to be invalid or 4
unenforceable, the remainder hereof and the application of such term, condition 5
or provision to Persons or circumstances other than those as to whom it shall be 6
held invalid or unenforceable shall not be affected thereby, and this Franchise 7
and all the terms, provisions and conditions hereof shall, in all other respects, 8
continue to be effective and complied with provided the loss of the invalid or 9
unenforceable clause does not substantially alter the agreement between the 10
parties. In the event such law, rule or regulation is subsequently repealed, 11
rescinded, amended or otherwise changed so that the provision which had been 12
held invalid or modified is no longer in conflict with the law, rules and regulations 13
then in effect, said provision shall thereupon return to full force and effect and 14
shall thereafter be binding on Grantee and Franchise Authority. 15
5. Non-enforcement by Franchise Authority. Grantee shall not be relieved of its obligations 16
to comply with any of the provisions of this Franchise by reason o f any failure or delay 17
of Franchise Authority to enforce prompt compliance. Franchise Authority may only 18
waive its rights hereunder by expressly so stating in writing. Any such written waiver by 19
Franchise Authority of a breach or violation of any provision of this Franchise shall not 20
operate as or be construed to be a waiver of any subsequent breach or violation. 21
6. Rights Cumulative. The rights and remedies reserved to the Franchise Authority and 22
Grantee by this Franchise are cumulative and shall be in addition to and not in 23
derogation of any other legal or equitable rights or remedies which the Franchise 24
Authority and Grantee may have with respect to the subject matter of this Franchise, 25
and a waiver thereof at any tim e shall have no effect on the enforcement of such rights 26
or remedies at a future time. 27
7. Force Majeure. Neither party shall be in default under this Agreement if any failure or 28
delay in performance is caused by acts of God; fire; flood; earthquake; lightning; 29
unusually severe weather; material or facility shortages or unavailability not resulting 30
from such party's failure to timely place orders therefore; war or civil disorder; or any 31
other cause beyond the reasonable cont rol of either party hereto. The excused party 32
shall use reasonable efforts under the circumstances to avoid or remove such causes 33
of non-performance and shall proceed to perform with reasonable dispatch whenever 34
such causes are removed or ceased. Notification shall be given by the excused party to 35
the other party, of the cause and of the estimated duration, when possible. 36
37
SECTION 11. 38
PUBLICATION EFFECTIVE DATE; ACCEPTANCE AND EXHIBITS 39
40
1. Publication, Effective Date. This Franchise shall be published in accordance with 41
applicable local and state law and Grantee, shall pay the reasonable cost of any required 42
publication of this Franchise. The effective date of this Franchise shall be the date of 43
acceptance by Grantee in accordance with the provisions of Section 11.2. 44
2. Acceptance. 45
a. Grantee shall accept this Franchise within thirty (30) days of its enactment by the 46
City Council, unless the time for acceptance is extended by Franchise Authority. 47
Such acceptance by the Grantee shall be deemed the grant of this Franchise for 48
all purposes. 49
b. Upon acceptance of this Franchise, Grantee an d Franchise Authority shall be 50
bound by all the terms and conditions contained herein. 51
c. Grantee shall accept this Franchise in the following manner: 52
i. This Franchise will be properly executed and acknowledged by Grantee 53
and delivered to Franchise Authority. 54
ii. With its acceptance, Grantee shall also deliver any insurance certificates 55
as required herein that have not previously been delivered. 56
Passed and adopted by the City Council this_____ day of ____________, 2025. 57
58
ATTEST: PRATTVILLE, ALABAMA 59
60
By: By: 61
62
Its: City Clerk Its: Mayor 63
64
ACCEPTED: This Franchise is accepted, and we agree to be bound by its terms and 1
conditions. 2
3
SPECTRUM SOUTHEAST, LLC 4
5
6
Date: , 2025 By: Charter Communications, Inc., Its Manager 7
8
By: 9
10
Print Name: 11
12
Its: Vice President, Government Affairs 13
14
ADOPTED THIS 6TH DAY OF MAY, 2025. 15
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By: Lora Lee Boone, President 19
Prattville City Council 20
21
AUTHENTICATED THIS 6TH DAY OF MAY, 2025. 22
23
24
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By: Paula G. Barlow 26
City Clerk 27
28
APPROVED: 29
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32
By: Bill Gillespie, Jr. 33
Mayor 34
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ORDINANCE BOOK 2025, PAGE ___ 64
ORDINANCE 1
2
[To Amend City of Prattville Code of Ordinances, Chapter 62 -Traffic and Vehicles, Article III.-3
Vehicle Operation, Division 2.- Speed Restrictions, Section(s) 62-77 through 62-84.] 4
{Sponsored By: Councilor Jackson} 5
6
BE IT ORDAINED by the City Council of the City of Prattville, Alabama, that Chapter 7
8
62-Traffic and Vehicles, Article III.-Vehicle Operation, Division 2.-Speed Restrictions, 9
10
Section(s) 62-77 through 62-84 are hereby amended as shown below: 11
12
62-77 - Fifty-five miles-per-hour zones. No person shall operate a motor vehicle at a greater 13
speed than 55 miles-per-hour in the following listed zones: 14
(1) On U.S. 82 from Cobbs Ford Road to west City limits; 15
(2) On U.S. 31 from U.S. 82 to south City limits; 16
(3) On AL Hwy 14 from Echlin Boulevard to west City limits. 17
18
62-78 - Fifty miles-per-hour zones. No person shall operate a motor vehicle at a greater speed 19
than 50 miles-per-hour in the following listed zones: (reserved) 20
21
62-79 - Forty-five miles-per-hour zones. No person shall operate a motor vehicle at a greater 22
speed than 45 miles-per-hour in the following listed zones: 23
(1) On Cobbs Ford Road/East Main Street from U.S. 82 to 200 feet east of Pratt Street; 24
(2) On Hwy 14 from Echlin Boulevard to U.S. 82; 25
(3) On U.S. 31 (Memorial Drive) from the north City limits to U.S. 82; 26
(4) On Selma Highway from 500 feet west of Maple Street to U.S. 82; 27
(5) On West Fourth Street from the west City limits to Autauga Creek; 28
(6) On Lower Kingston Road from the north City limits southerly toward the City for a 29
distance of 0.30 mile; 30
(7) On Fairview Avenue from Montview Court to the east City limits; 31
(8) Doster Road from U.S. 31 (Memorial Drive) to Shady Hill Road; 32
(9) On Jensen Road from the intersection of U.S. 82 south to the City limits; 33
(10) On AL Hwy 14 from U.S. 82 to Echlin Boulevard ; 34
(11) On Bridge Creek Road beginning at the intersection of Upper Kingston Road north 35
to the City limits; 36
(12) On County Road No. 4 from Autauga Creek to U.S. 31; 37
(13) On Old Farm Road from Cobbs Ford Road to Fairview Avenue; 38
(14) On Bass Pro Boulevard from Cobbs Ford Road to City limits. 39
40
62-80 - Forty miles-per-hour zones. No person shall operate a motor vehicle at a greater speed 41
than 40 miles-per-hour in the following listed zones: (reserved) 42
43
62-81 - Thirty-five miles-per-hour zones. No person shall operate a motor vehicle at a greater 44
speed than 35 miles-per-hour in the following listed zones: 45
(1) On Fairview Avenue from U.S. 31 to Montview Court; 46
(2) On Fourth Street from Autauga Creek to Washington Street; 47
(3) On Selma Highway/Washington Street from 500 feet west of Maple Street to Eas t Main 48
Street; 49
(4) On East Main Street from Washington Street to 200 feet east of Pratt Street; 50
(5) On Lower Kingston Road beginning at a point 0.30 mile south of the north City limits to 51
the junction with Fourth Street; 52
(6) On Washington Ferry Road from Selma Highway south to the City limits; 53
(7) Wetumpka Street; 54
(8) Gin Shop Hill Road; 55
(9) On Martin Luther King Jr. Drive from Tenth Street north to the City limits; 56
(10) On Upper Kingston Road beginning at the intersection of Woodland Acres Drive nort h 57
to the City limits; 58
(11) Durden Road; 59
(12) Doster Road from Shady Hill Road to Fleetwood Road; 60
(13) On County Road No. 4 from Autauga Creek to AL Hwy 14; 61
(14) On Old Ridge Road from Fairview Avenue to the north City limits; 62
(15) Bowen Way; 63
(16) Sid Thompson Drive; 64
(17) On Sixth Street from U.S. 31 west to North Northington Street; 1
(18) On Old Farm Lane from Fairview Avenue to Old Ridge Road; 2
(19) On Old Ridge Road from Fairview Avenue to City limits; 3
(20) On County Rd 85 from Bridge Creek Road to Lower Kingston Road. 4
(21) Northington Road (Except for posted curves) 5
6
62-82 - Thirty miles-per-hour zones. No person shall operate a motor vehicle at a greater speed 7
than 30 miles-per-hour in the following listed zones: (reserved) 8
9
62-83 - Twenty-five miles-per-hour zones. No person shall operate a motor vehicle at a greater 10
speed than 25 miles-per-hour on any streets or alleys other than those specifically mentioned 11
or set out in this division. 12
13
62-84 - Fifteen miles-per-hour zones. No person shall operate a motor vehicle at a speed 14
greater than 15 miles per hour in the following listed zones: 15
(1) Court Street from Main Street to Third Street; 16
(2) Main Street from Chestnut Street to Court Street; 17
(3) Bridge Street from Maple Street to Main Street; 18
(4) Maple Street from Bridge Street to Public Works Drive. 19
20
ADOPTED THIS 6TH DAY OF MAY, 2025. 21
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By: Lora Lee Boone, President 25
Prattville City Council 26
27
AUTHENTICATED THIS 6TH DAY OF MAY, 2025. 28
29
30
31
By: Paula G. Barlow 32
City Clerk 33
34
APPROVED: 35
36
37
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By: Bill Gillespie, Jr. 39
Mayor 40
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ORDINANCE BOOK 2025, PAGE ___ 64
ORDINANCE 1
2
[To Declare a Temporary Moratorium on Permits and Approvals for Package Stores, 3
Convenience Stores, Gas Stations and Vape Shops in the Corporate Limits of Prattville.] 4
5
{Sponsored By: Councilor Whaley} 6
7
WHEREAS, the City of Prattville has had numerous new Package Stores, Convenience 8
9
Stores, Gas Stations and Vape Shops establish business within the Corporate Limits within 10
11
recent years; and 12
13
WHEREAS, these business establishments have become highly concentrated 14
15
throughout the City, giving rise to safety concerns, traffic concerns, increases in crime and 16
17
general public safety concerns; and 18
19
WHEREAS, these businesses may be classified by the following License Codes 20
21
pursuant to Section 38-321 of the City of Prattville Code of Ordinances: 22
23
3125921 Lounge, Class II, Package Store IB; 24
4475541 Gasoline Retail G; and 25
26
WHEREAS, there is a need for the City to review its existing zoning ordinance to make 27
28
necessary adjustments and improvements as to these types of business establishments; and 29
30
WHEREAS, the City Council of the City of Prattville desires to temporarily pause the 31
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issuance of permits and approvals for Package Stores, Convenience Stores, Gas Stations, and 33
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Vape Shops until the zoning ordinance can be reviewed and adjusted. 35
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NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Prattville 37
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that in order to protect the public health, safety and welfare of its residents, it is in the best 39
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interest of the City to declare a temporary moratorium on the issuance of permits or other 41
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approvals for any Package Stores, Convenience Stores, Gas Stations, and Vape Shops, in 43
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order for the City to complete its review of the zoning ordinance as to these establishments. 45
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BE IT FURTHER ORDAINED that this moratorium shall be effective upon passage and 47
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publication and shall continue through November 4, 2025, unless terminated or extended by 49
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action of the City Council. 51
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BE IT FURTHER ORDAINED that establishments which have applied for a building 53
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permit or a license through the Alabama Alcoholic Beverage Control Board prior to the effective 55
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date of this Ordinance will be excepted from the terms of this Ordinance. 57
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THE provisions of this Ordinance are severable. If any portion of this Ordinance is 59
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declared invalid or unconstitutional, such declaration shall not affect the parts which remain. 61
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ADOPTED THIS 6TH DAY OF MAY, 2025. 1
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By: Lora Lee Boone, President 5
Prattville City Council 6
AUTHENTICATED THIS 6TH DAY OF MAY, 2025. 7
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By: Paula G. Barlow 11
City Clerk 12
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APPROVED: 14
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By: Bill Gillespie, Jr. 18
Mayor 19
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ORDINANCE BOOK 2025, PAGE ___ 64
ORDINANCE 1
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[To Grant a Franchise Agreement to Knology of Alabama, Inc d/b/a WOW! Internet, Cable & 3
Phone, to Construct, Operate, and Maintain a Cable System in the City of Prattville and to 4
Set Forth the Conditions Accompanying the Grant of the Franchise; Providing for the 5
Regulation and Use of the System and the Public Right-Of-Way.] 6
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{Sponsored By: Council President Pro Tempore Strichik} 8
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WHEREAS, in Resolution Book 2024-B, Page 274, on November 6, 2024, the City 10
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Council authorized the Mayor to enter into an agreement with Local Governmental 12
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Services to negotiate a Video Services Renewal Agreement with Knology of Montgomery, Inc. 14
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d/b/a WOW!. 16
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NOW, THEREFORE, BE IT ORDAINED as follows: 18
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CABLE TELEVISION FRANCHISE ORDINANCE 20
FOR 21
CITY OF PRATTVILLE, ALABAMA 22
AND 23
KNOLOGY OF ALABAMA, INC. 24
D.B.A WOW! INTERNET, CABLE & PHONE25
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TABLE OF CONTENTS 1
SECTION 1. SHORT TITLE AND DEFINITIONS ...................................................... 12
1.Short Title .................................................................................... 13
2.Definitions ................................................................................... 24
5
SECTION 2. GRANT OF AUTHORITY AND GENERAL PROVISIONS ..................... 56
1.Grant of Franchise ....................................................................... 57
2.Grant of Nonexclusive Authority ................................................... 58
3.Lease or Assignment Prohibited…………………………………… 6 9
4.Franchise Term ........................................................................... 6 10
5.Previous Franchises. ............................................................... 611
6.Compliance with Applicable Laws, Ordinances and Ordinances 612
7.Rules of Grantee…………………………………………………… 6 13
8.Written Notice………………………………………………………… 714
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SECTION 3. CONSTRUCTION STANDARDS…………………………………………… 7 16
1.Registration, Permits Construction Codes and Cooperation…… 7 17
2.Use of Existing Poles or Conduits…………………………………… 8 18
3.Minimum Interference…………………………………………………. 8 19
4 Disturbance or damage……………………………………………….. 8 20
5.Temporary Relocation………………………………………………… 8 21
6.Emergency………………………………………………………… 922
7.Tree Trimming………………………………………………………… 9 23
8.Protection of facilities………………………………………………… 9 24
9.Installation records…………………………………………………… 9 25
10. Locating facilities……………………………………………………… 10 26
11.City's Rights………………………………………………………… 10 27
12.Facilities in conflict…………………………………………………… 10 28
13.Relocation Delays…………………………………………………… 10 29
14.Interference with City Facilities……………………………………... 11 30
15.Interference with Utility Facilities…………………………………… 11 31
16.Collocation………………………………………………………………1132
17.Safety Requirements………………………………………………… 11 33
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SECTION 4. DESIGN PROVISIONS……………………………………………………… 11 35
1.System Upgrade: Minimum Channel Capacity…………………… 1136
2.System Construction………………………………………………… 12 37
3.Interruption of Service………………………………………………….12 38
4.Emergency Alert Capability………………………………………… 1239
5.Technical Standards………………………………………………… 1240
6.FCC Reports………………………………………………………........12 41
7.Service Area…………………………………………………………… 12 42
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SERVICE 5. SERVICE PROVISIONS……………………………………………………… 1344
1.Non-Standard Installations…………………………………………… 1345
2.Sales Procedures……………………………………………………… 1346
3.Consumer Protection and Service Standards……………………… 13 47
4.Refund Policy………………………………………………………… 16 48
5.Late Fees……………………………………………………………… 1649
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SECTION 6. OPERATION AND ADMINISTRATION PROVISIONS…………………….16 51
1.Administration of Franchise…………………………………………….16 52
2.Franchise Fee……………………………………………………………1653
3.Not Franchise Fees…………………………………………………… 17 54
4.Access to Records………………………………………………………17 55
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SECTION 7. GENERAL FINANCIAL AND INSURANCE PROVISIONS………………….1857
1.Liability Insurance……………………………………………………18 58
2.Indemnification………………………………………………………… 1959
3.Grantee’s Insurance………………………………………………… 19 60
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SECTION 8. SALE, ABANDONMENT, TRANSFER AND REVOCATION OF FRANCHISE..20 62
1.City’s Right to Revoke………………………………………………… 2063
2.Procedures for Revocation…………………………………………… 2064
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3.Removal After Abandonment, Termination or Forfeiture……………21 1
4.Franchise Transfer………………………………………………………21 2
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SECTION 9. PROTECTION OF INDIVIDUAL RIGHTS…………………………………… 21 4
1.Discriminatory Practices Prohibited………………………………… 21 5
2.Subscriber Privacy………………………………………………………21 6
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SECTION 10. UNAUTHORIZED CONNECTIONS AND MODIFICATIONS…………… 22 8
1.Unauthorized Connections or Modifications Prohibited…………… 22 9
2.Removal or Destruction Prohibited………………………………… 22 10
3. Penalty………………………………………………………………… 2211
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SECTION 11. MISCELLANEOUS PROVISIONS……………………………………………22 13
1.Franchise Renewal…………………………………………………… 22 14
2.Work Performed by Others…………………………………………… 22 15
3.Amendment of Franchise Ordinance……………………………… 22 16
4.Compliance with Federal, State and Local Laws………………… 22 17
5.Nonenforcement by City……………………………………………… 23 18
6.Rights Cumulative……………………………………………………… 23 19
7.Force Majeure………………………………………………………… 23 20
SECTION 12. PUBLICATION EFFECTIVE DATE; ACCEPTANCE AND EXHIBITS… 23 21
1.Publication, Effective Date…………………………………………… 23 22
2. Acceptance…………………………………………………………… 2323
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AN ORDINANCE OF THE CITY OF PRATTVILLE, ALABAMA GRANTING A FRANCHISE TO 1
KNOLOGY OF ALABAMA, INC., D/B/A WOW! INTERNET, CABLE & PHONE, TO 2
CONSTRUCT, OPERATE, AND MAINTAIN A CABLE SYSTEM IN THE CITY OF 3
PRATTVILLE, ALABAMA SETTING FORTH CONDITIONS ACCOMPANYING THE GRANT 4
OF THE FRANCHISE; PROVIDING FOR REGULATION AND USE OF THE SYSTEM AND 5
THE PUBLIC RIGHTS-OF-WAY AND PRESCRIBING PENALTIES FOR THE VIOLATION OF 6
THE PROVISIONS HEREIN; 7
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The City Council of the City of Prattville, Alabama ordains: 9
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STATEMENT OF INTENT AND PURPOSE 11
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The City intends, by the adoption of this Franchise, to bring about the further development of 13
a Cable System, and the continued operation of it. Such development can contribute 14
significantly to the communication needs and desires of the residents and citizens of the City 15
and the public generally. Further the City may achieve better utilization and improvement of 16
public services and enhanced economic development with the development and operation of 17
a Cable System. 18
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Adoption of this Franchise is, in the judgment of the City Council, in the best interests of the 20
City and its residents. 21
FINDINGS 22
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In the review of the request for renewal by Grantee and negotiations related thereto, the City 24
Council, makes the following findings: 25
1. Grantee’s technical ability, financial condition, legal qualifications, and character were 26
considered and approved in a full public proceeding after due notice and a reasonable 27
opportunity to be heard; 28
2. Grantee’s plans for operating the Cable System were considered and found adequate 29
and feasible in a full public proceeding after due notice and a reasonable opportunity to 30
be heard; 31
3. The Franchise granted to Grantee by the City complies with the existing applicable state 32
statutes, federal laws and regulations; and 33
4. The Franchise granted to Grantee is nonexclusive. 34
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SECTION 1. 36
SHORT TITLE AND DEFINITIONS 37
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1. Short Title. This Franchise Ordinance shall be known and cited as the Cable Television 39
Franchise Ordinance. 40
2. Definitions. For the purposes of this Franchise, the following terms, phrases, words, and 41
their derivations shall have the meaning ascribed to them in the Cable Communications 42
Policy Act of 1984, as amended from time to time (the “Cable Act”), unless otherwise 43
defined herein. When not inconsistent with the context, words in the singular number 44
include the plural number, and words in the plural number include the singular number. 45
The word “shall” is always mandatory and not merely directory. The word “may” is 46
directory and discretionary and not mandatory. Words not defined shall be given their 47
common and ordinary meaning. 48
a. “Applicable Laws” means any law, statute, charter, Ordinance, rule, regulation, 49
code, license, certificate, franchise, permit, writ, ruling, award, executive order, 50
directive, requirement, injunction (whether temporary, preliminary or permanent), 51
judgment, decree or other order issued, executed, entered or deemed applicable 52
by any governmental authority. 53
b. “Basic Cable Service” means any Service tier which includes the lawful 54
retransmission of local television broadcast signals and any public, educational, 55
and governmental access programming required by the Franchise to be carried 56
on the basic tier. Basic Cable Service as defined herein shall be the definition set 57
forth in 47 U.S.C. § 543(b) (7). 58
c. “Cable Act” shall mean the Cable Communications Act of 1984, as amended, 47 59
U.S.C. §§ 521, et. seq. 60
d. “Cable Service” or “Service” means (A) the one-way transmission to Subscribers 61
of (i) Video Programming or (ii) Other Programming Service, and (B) Subscriber 62
interaction, if any, which is required for the selection or use of such Video 63
Programming or Other Programming Service. Cable Service as defined herein 1
shall be the definition set forth in 47 U.S.C. § 522(6). 2
e. “Cable System” or “System” means a facility, consisting of a set of closed 3
transmission paths and associated signal generation, reception, and control 4
equipment that is designed to provide Cable Service which includes Video 5
Programming and which is provided to multiple Subscribers within a community, 6
but such term does not include: 7
i. a facility that serves only to retransmit the television signals of one (1) or 8
more television broadcast stations; 9
ii. a facility that serves Subscribers without using any public Right-of-Way; 10
iii. a facility of common carrier which is subject, in whole or in part, to the 11
provisions of 47 U.S.C. § 201 et seq., except that such facility shall be 12
considered a Cable System (other than for purposes of 47 U.S.C. 13
§ 541(c)) to the extent such facility is used in the transmission of Video 14
Programming directly to Subscribers, unless the extent of such use is 15
solely to provide interactive on-demand services; 16
iv. an open video system that complies with 47 U.S.C. § 573; or 17
v. any facilities of any electric utility used solely for operating its electric utility 18
systems. 19
vi. Cable System as defined herein shall be the definition set forth in 47 20
U.S.C. § 522(7). 21
f. “Channel” or “Cable Channel” means a portion of the electromagnetic frequency 22
spectrum which is used in a Cable System and which is capable of delivering a 23
television Channel as defined by the FCC. Cable Channel as defined herein shall 24
be the definition set forth in 47 U.S.C. § 522(4). 25
g. “City” means City of Prattville, a municipal corporation, in the State of Alabama, 26
acting by and through its City Council, or its lawfully appointed designee. 27
h. “Drop” means the cable that connects the ground block on the Subscriber’s 28
residence to the nearest distribution point of the System. 29
i. “FCC” means the Federal Communications Council and any legally appointed, 30
designated or elected agent or successor. 31
j. “Franchise” or “Cable Franchise” means this franchise Ordinance and the 32
regulatory and contractual relationship established hereby. 33
k. “Franchise Fee” includes any tax, fee, or assessment of any kind imposed by the 34
City or other governmental entity on Grantee or Subscriber, or both, solely 35
because of their status as such. It does not include any tax, fee, or assessment 36
of general applicability (including any such tax, fee, or assessment imposed on 37
both utilities and cable operators or their services but not including a tax, fee, or 38
assessment which is unduly discriminatory against cable operators or cable 39
Subscribers); requirements or charges incidental to the awarding or enforcing of 40
the Franchise, including payments for bonds, security funds, insurance, 41
indemnification, penalties, or liquidated damages; or any fee imposed under Title 42
17 of the United States Code. Franchise Fee defined herein shall be the definition 43
set forth in 47 U.S.C. § 542(g). 44
l. “Grantee” is Knology of Alabama, Inc., its lawful successors, transferees or 45
assignees. 46
m. “Gross Revenue” means any and all revenue derived by Grantee from the 47
operation of its Cable System to provide Cable Service within the City including, 48
but not limited to, 1) all Cable Service fees, 2) Franchise Fees, 3) late fees and, 49
4) Installation and reconnection fees, 5) upgrade and downgrade fees, 6) local, 50
state and national advertising revenue, 7) home shopping Councils, 8) equipment 51
rental fees, and 9) written or electronic Channel guide revenue. The term “Gross 52
Revenue” shall not include launch fees, bad debts or any taxes or fees on 53
Services furnished by Grantee imposed upon Subscribers by any municipality, 54
state or other governmental unit, credits, refunds and any amounts collected from 55
Subscribers for deposits. City and Grantee acknowledge and agree that Grantee 56
will maintain its books and records in accordance with generally accepted 57
accounting principles (GAAP). 58
n. “Installation” means any connection of the System from distribution cable to the 59
point of connection including Standard Installations and custom Installations with 60
the Subscriber Converter or other terminal equipment. 61
o. “Normal Business Hours” means those hours during which most similar 62
businesses in the City are open to serve customers. In all cases, “Normal 63
Business Hours” must include some evening hours, at least one (1) night per 64
week and/or some weekend hours. Normal Business Hours as defined herein 1
shall be the definition set forth in 47 C.F.R. § 76.309. 2
p. “Normal Operating Conditions” means those Service conditions which are within 3
the control of Grantee. Those conditions which are not within the control of 4
Grantee include, but are not limited to, natural disasters, civil disturbances, power 5
outages, telephone network outages, and severe or unusual weather conditions. 6
Those conditions which are ordinarily within the control of Grantee include, but 7
are not limited to, special promotions, pay-per-view events, rate increases, 8
regular peak or seasonal demand periods, and maintenance or upgrade of the 9
Cable System. Normal Operating Conditions as defined herein shall be the 10
definition set forth in 47 C.F.R. § 76.309. 11
q. “Other Programming Service” means information that a cable operator makes 12
available to all Subscribers generally. Other Programming Services as defined 13
herein shall be the definition set forth in 47 U.S.C. § 522 (14). 14
r. “Person” is any person, firm, partnership, association, corporation, company, 15
limited liability entity or other legal entity. 16
s. “Right-of-Way” or “Rights-of-Way” means the area on, below, or above any real 17
property in the City in which the City has an interest including, but not limited to 18
any street, road, highway, alley, sidewalk, parkway, utility easements or any other 19
place, area, or real property owned by or under the control of the City which are 20
dedicated for compatible use. 21
t. “Right-of-Way Ordinance” means any Ordinance or other applicable code 22
requirements regarding regulation, management and use of Rights-of-Way in the 23
City, including permitting requirements. 24
u. “Service Area” or “Franchise Area” means the entire geographic area within the 25
City as it is now constituted or may in the future be constituted. 26
v. “Service Interruption” means the loss of picture or sound on one (1) or more Cable 27
Channels. Service Interruption as defined herein shall be the definition set forth 28
in 47 C.F.R. § 76.309. 29
w. “Standard Installation” means any residential Installation which can be completed 30
using an aerial Drop of one hundred twenty-five (125) feet or less. 31
x. “Subscriber” means any Person who receives broadcast programming distributed 32
by a Cable System and does not further distribute it. Subscriber as defined herein 33
shall be the definition set forth in 47 C.F.R. § 76.5(ee). 34
y. “Video Programming” means programming provided by, or generally considered 35
comparable to programming provided by, a television broadcast station. Video 36
Programming as defined herein shall be the definition set forth in 47 U.S.C. 37
§ 522(20). 38
39
SECTION 2. 40
GRANT OF AUTHORITY AND GENERAL PROVISIONS 41
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1. Grant of Franchise. This Franchise is granted pursuant to the terms and conditions 43
contained herein. 44
2. Grant of Nonexclusive Authority. 45
a. The Grantee shall have the right and privilege, subject to the permitting and other 46
lawful requirements of City, to operate, construct, erect, and maintain, in, upon, 47
along, across, above, over and under the Rights -of-Way in the City a Cable 48
System and shall have the right and privilege to provide Cable Service under the 49
Franchise Agreement. The System constructed and maintained by Grantee or its 50
agents shall not interfere with other uses of the Rights -of-Way. Grantee shall 51
make use of existing poles and other above and below ground facilities available 52
to Grantee to the extent it is technically and economically feasible to do so. 53
b. This Franchise shall be nonexclusive, and the City reserves the right to grant use 54
of said Rights-of-Way to any Person at any time during the period of this 55
Franchise for the provision of Cable Service. 56
c. If any other wireline provider of cable services or video services (witho ut regard 57
to the technology used to deliver such services) is lawfully authorized by the City 58
to provide such services using facilities located wholly or partly in the public 59
rights-of-way of the City, the City shall within thirty (30) days of a written request 60
from Grantee, modify this Franchise to insure that the obligations applicable to 61
Grantee are no more burdensome than those imposed on the new competing 62
provider. If the City fails to make modifications consistent with this requirement, 63
Grantee’s Franchise shall be deemed so modified thirty (30) days after the 64
Grantee’s initial written notice. Nothing herein shall be deemed a waiver of any 1
remedies available to Grantee under Applicable Laws, including the right to seek 2
judicial review to mandate City amend the franchise to ensure competitive equity 3
between similarly situated competitive providers. 4
3. Lease or Assignment Prohibited. No Person may lease Grantee’s System for the 5
purpose of providing Cable Service until and unless such Person shall have first 6
obtained and shall currently hold a valid franchise or other lawful authorization from the 7
City containing substantially similar burdens and obligations to this Franchise. Any 8
assignment of rights under this Franchise shall be subject to and in accordance with the 9
requirements of Section 8.4 of this Franchise. This provision shall not prevent Grantee 10
from complying with any commercial leased access requirements or any other 11
provisions of Applicable Law. 12
4. Franchise Term. This Franchise shall be in effect for a period of ten (10) years from the 13
date of execution by the City, unless sooner renewed, revoked or terminated as herein 14
provided. 15
5. Previous Franchises. Upon acceptance by Grantee as required by Section 12.2 herein, 16
this Franchise shall supersede and replace any previous Ordinance or other 17
authorization granting a franchise to Grantee. 18
6. Compliance with Applicable Laws, Ordinances and Ordinances. 19
a. The terms of this Franchise shall define the contractual rights and obligations of 20
Grantee with respect to the provision of Cable Service and operation of the 21
System in the City. However, Grantee shall at all times during the term of this 22
Franchise be subject to all lawful exercise of the police power, of the City. This 23
Franchise may also be modified or amended with the mutual written consent of 24
the City and Grantee as provided in Section 11.3 herein. 25
b. Grantee shall at all times be subject to and comply with all Applicable Laws with 26
respect to this Franchise. 27
c. Grantee shall comply with the terms of any City Ordinance or regulation of 28
general applicability which addresses usage of the Rights-of-Way within the City, 29
provided that it does not discriminate between different users of the Rights -of-30
Way. 31
d. In the event of any conflict between this Franchise and any City Ordinance or 32
regulation which addresses usage of the Rights-of-Way, the terms of this 33
Franchise shall govern, provided however Grantee shall at all times comply with 34
City Ordinances of general applicability promulgated by the City in accordance 35
with its police powers. 36
7. Rules of Grantee. Grantee shall have the authority to promulgate such rules, 37
regulations, terms and conditions governing the conduct of its business as shall be 38
reasonably necessary to enable said Grantee to exercise its rights and perform its 39
obligations under this Franchise and to assure uninterrupted Service to each and all of 40
its Subscribers; provided that such rules, regulations, terms and conditions shall not be 41
in conflict with applicable laws. 42
8. Written Notice. All notices, reports, or demands required to be given in writing under this 43
Franchise shall be sent via registered or certified mail or shall be deemed to be given 44
when delivered personally to any officer of Grantee or the City or forty-eight (48) hours 45
after it is deposited in the United States mail in a sealed envelope, postage prepaid 46
thereon, addressed to the party to whom notice is being given, as follows: 47
If to City: Mayor 48
101 West Main Street 49
Prattville, Alabama 36067 50
51
If to Grantee: WOW! Internet, Cable & Phone 52
7887 Belleview Avenue # 900 53
Englewood, Colorado 80111 54
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Such addresses may be changed by either party upon notice to the other party given as 56
provided in this section. 57
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SECTION 3. 59
CONSTRUCTION STANDARDS 60
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1. Registration, Permits, Construction Codes, and Cooperation. 62
a. Grantee shall comply with the construction requirements of local, state and 63
federal laws. 64
b. Grantee agrees to obtain a permit as required by City prior to removing, 1
abandoning, relocating, or reconstructing, if necessary, any portion of its facilities. 2
Notwithstanding the foregoing, City understands and acknowledges there may 3
be instances when Grantee is required to make significant repairs that are of an 4
emergency nature. Permits for emergency work, if necessary, shall be applied for 5
as soon as possible, but in no event later than (5) business days after the 6
emergency work has commenced. 7
c. The fees paid to obtain permits are separate, and in addition to, any other fees 8
included in the Franchise. 9
d. City may issue reasonable policy guidelines to all grantees to establish 10
procedures for determining how to control issuance of construction permits to 11
multiple users of the same Rights-of-Way. Grantee shall cooperate with City in 12
establishing such policy and comply with the procedures established by the City 13
Engineer or his or her designee to coordinate the issuance of multiple 14
construction permits. 15
e. Upon reasonable prior written notice, Grantee shall use reasonable efforts to 16
meet with developers and be present at pre-construction meetings to ensure that 17
Cable System facilities are installed in new developments within City in a timely 18
manner, with such obligation being subject to all other requirements or limitations 19
in this Agreement. 20
2. Use of existing poles or conduits. 21
a. Grantee shall use its best efforts to utilize existing poles, conduits and other 22
facilities belonging to either Grantee or other utility providers whenever 23
commercially reasonable and shall not construct or install any new, different, or 24
additional poles, conduits or other facilities on public property without the written 25
approval of City. No location or any pole or wire-holding structure of Grantee shall 26
be a vested interest, and such poles or structures shall be removed or modified 27
by Grantee at its own expense whenever City determines that such a move is a 28
public necessity. 29
b. The facilities of Grantee shall be installed underground in those areas of City 30
where other public or private utilities are underground at the time of construction 31
by Grantee. In areas where the facilities of other public or private utilities are 32
installed aerially at the time of System construction, Grantee may be permitted to 33
install its facilities aerially; however, at such time as the existing aerial facilities of 34
all other public or private utilities are placed underground, Grantee shall likewise 35
place its facilities underground at its sole cost. 36
3. Minimum Interference. 37
a. Grantee shall use its best efforts to give reasonable prior notice to any adjacent 38
private property owners who will be negatively affected or impacted by Grantee’s 39
significant construction work in the Rights-of-Way. 40
b. All transmission and distribution structures, lines and equipment erected by 41
Grantee shall be located so as to cause minimum interference with the 42
unencumbered use of Rights-of-Way and other public places and minimum 43
interference with the rights and reasonable convenience of property owners who 44
adjoin any of the Rights-of-Way and public places. 45
4. Disturbance or damage. Any and all Rights-of-Way, or public or private property, which 46
are disturbed or damaged during the construction, repair, replacement, relocation, 47
operation, maintenance, expansion, extension or reconstruction of th e System shall be 48
promptly, and in no event later than thirty days following the disturbance or damage, 49
fully restored by Grantee, at its expense, to a condition as good as that prevailing prior 50
to Grantee’s work. If Grantee fails to promptly perform the restoration required herein, 51
after written request of City and reasonable opportunity to satisfy that request, City shall 52
have the right to put the Rights-of-Way back into condition as good as that prevailing 53
prior to Grantee’s work. In the event City determines that Grantee is responsible for such 54
disturbance or damage, Grantee shall be obligated to fully reimburse City for such 55
reasonable cost of restoration within thirty (30) days after its receipt of City’s invoice. 56
5. Temporary Relocation. 57
a. At any time during the Term of the Franchise, Grantee shall, at its own expense, 58
protect, support, temporarily disconnect, relocate or remove any of its property 59
when, in the opinion of City, (i) the same is required by reason of traffic conditions, 60
public safety, Rights-of-Way vacation, freeway or Rights-of-Way construction, 61
alteration to or establishment of any Rights-of-Way or any facility within the 62
Rights-of-Way, sidewalk, or other public place, including but not limited to, 63
installation of sewers, drains, waterlines, power lines, traffic signal lines or 64
transportation facilities; or (ii) a City project or activity makes disconnection, 1
removal, or relocation necessary or less expensive for City. If the City requests 2
the relocation, removal, or reinstallation of any of Grantee’s facilities in any of the 3
Rights-of-Way for the sole purpose of installing or providing its own cable 4
television or telecommunications services or those of a second cable television 5
or telecommunications service provider in competition with Grantee, then such 6
cost shall not be borne by Grantee but by the City or requesting entity. 7
b. Grantee shall, on prior written request of any Person holding a permit to move a 8
building, temporarily raise or lower its wires to permit the movement of such 9
buildings. The expense of such temporary removal or raising or lowering of wires 10
shall be paid by the Person requesting the same, and Grantee shall have the 11
authority to require such payment in advance. Grantee shall be given not less 12
than five (5) days advance notice to arrange such temporary wire alterations and 13
thirty (30) days to complete the raising or lowering of such lines. 14
6. Emergency. Whenever, in case of fire or other emergency, it becomes necessary in the 15
judgment of the Mayor, public works director, police chief, fire chief, or their delegates, 16
to remove or damage any of Grantee’s facilities, no charge shall be made by Grantee 17
against City for restoration, repair, or damages. 18
7. Tree Trimming. Grantee shall have the authority to trim trees on public Rights-of-Way 19
at its own expense as may be necessary to protect its wires and facilities. Trimming of 20
trees on private property shall require consent of the property owner. Any trimming of 21
trees by the Grantee in the Rights-of-Way and public ways shall be subject to such 22
regulation or supervision as the City Engineer or other authorized official may establish 23
to protect the public health, safety, and convenience. 24
8. Protection of facilities. Nothing contained in this section shall relieve any Person from 25
liability arising out of the failure to exercise reasonable care to avoid damaging Grantee’s 26
facilities while performing any work connected with grading, regrading or changing the 27
line of any Rights-of-Way or public place or the construction or reconstruction of any 28
sewer or water system. 29
9. Installation records. Grantee shall keep accurate Installation records of the location of 30
all facilities in the Rights-of-Way and public ways and furnish strand maps to City upon 31
prior written request. Grantee shall cooperate with City to furnish such information in an 32
electronic mapping format, if possible compatible with the then -current City electronic 33
mapping format. Upon completion of new or relocation construction of underground 34
facilities in the Rights-of-Way and public ways, Grantee shall provide City with 35
Installation records in an electronic format compatible with the-then current format 36
showing the location of the underground and above ground facilities. 37
10. Locating facilities. 38
a. If, during the design process for public improvements, City discovers a potential 39
conflict with proposed construction, Grantee shall either: (a) locate and, if 40
necessary, expose its facilities in conflict or (b) use a location service to locate or 41
expose its facilities. Grantee is obligated to furnish the location information in a 42
timely manner, but in no case longer than thirty (30) days. 43
b. City reserves the prior and superior right to lay, construct, erect, install, use, 44
operate, repair, replace, remove, relocate, regrade, widen, realign, or maintain 45
any Rights-of-Way and public ways, aerial, surface, or subsurface improvement, 46
including but not limited to water mains, traffic control conduits, cable and 47
devices, sanitary or storm sewers, subways, tunnels, bridges, viaduct s, or any 48
other public construction within the Rights-of-Way of the City. 49
11. City’s rights. Nothing in this Franchise shall be construed to prevent City from 50
constructing, maintaining, repairing, or relocating sewers; grading, paving, maintaining, 51
repairing, relocating and/or altering any Right -of-Way; constructing, laying down, 52
repairing, maintaining or relocating any water mains; or constructing, maintaining, 53
relocating, or repairing any sidewalk or other public work. 54
12. Facilities in conflict. If, during the course of a project, City determines Grantee’s facilities 55
are in conflict, the following shall apply: 56
a. Prior to City Notice to Proceed to Contractor: Grantee shall, within a reasonable 57
time, but in no event exceeding three (3) months, remove or reloc ate the 58
conflicting facility. This time period shall begin running upon receipt by Grantee 59
of written notice from City. However, if both City and Grantee agree, the time 60
frame may be extended based on the requirements of the project. 61
b. Subsequent to City Notice to Proceed to Contractor: City and Grantee will 62
immediately begin the coordination necessary to remove or relocate the facility. 63
Removal or relocation is to begin no later than seventy -two (72) hours, unless a 64
different time is specified by the City Engineer, after written notification from City 1
of the conflict. 2
13. Relocation delays. Subject to Grantee’s compliance with 3.12 above, if Grantee’s 3
relocation effort so delays construction of a public project causing City to be liable for 4
delay damages or incur increased project costs, Grantee shall reimburse City for those 5
damages attributable to the delay created by Grantee. In the event Grantee should 6
dispute the dollar amount of damages attributable to Grantee, the matter shall be 7
referred to the City Engineer for a decision. 8
14. Interference with City Facilities. The Installation, use and maintenance of the Grantee’s 9
facilities within the Rights-of-Way and public ways authorized herein shall be in such a 10
manner as not to interfere with City’s placement, construction, use and maintenance of 11
its Rights-of-Way and public ways, Rights-of-Way lighting, water pipes, drains, sewers, 12
traffic signal systems or other City systems that have been, or may be, installed, 13
maintained, used or authorized by City. 14
15. Interference with Utility Facilities. Grantee agrees not to install, maintain, or use any of 15
its facilities in such a manner as to damage or interfere with any existing facilities of 16
another utility located within the Rights-of-Way and public ways of City and agrees to 17
relocate its facilities, if necessary, to accommodate another facility relocation. Nothing 18
in this section is meant to limit any rights Grantee may have under Applicable Laws to 19
be compensated for the cost of relocating its facilities from the utility that is requesting 20
the relocation. 21
16. Collocation. To maximize public and employee safety, to minimize visual clutter of aerial 22
plant, and to minimize the amount of trenching and excavation in and along City Rights -23
of-Way and sidewalks for underground plant, Grantee shall make every commercially 24
reasonable effort to co-locate compatible facilities within the Rights-of-Way subject to 25
the engineering requirements of the owners of utility poles and other facilities. 26
17. Safety Requirements. 27
a. Grantee shall at all times employ ordinary and reasonable care and shall install 28
and maintain in use nothing less than commonly accepted methods and devices 29
for preventing failures and accidents which are likely to cause damage or injuries. 30
b. Grantee shall install and maintain its System and other equipment in accordance 31
with City’s codes and the requirements of the National Electric Safety Code and 32
all other applicable FCC, state, and local regulations, and in such manner that 33
they will not interfere with City communications technology related to health, 34
safety and welfare of the residents. 35
c. Cable System structures, and lines, equipment, and connections in, over, under 36
and upon the Rights-of-Way of City, wherever situated or located, shall at all 37
times be kept and maintained in good condition, order, and repair so that the 38
same shall not menace or endanger the health, safety or property of City or any 39
Person. 40
d. If the City is notified of non-compliance, Grantee shall immediately, as 41
emergency, correct the deficiency. 42
43
SECTION 4. 44
DESIGN PROVISIONS 45
46
1. System Upgrade/Construction: Minimum Channel Capacity. 47
a. Grantee shall at a minimum operate for the Term of this Franchise a System 48
capable providing a minimum of One Hundred Ten (110) video Channels or its 49
equivalent in a combination of analog and digital Video Programming Services 50
on the Cable System. 51
b. Programming decisions remain the discretion of Grantee in accordance with 52
federal law, provided that Grantee notifies City and Subscribers in writing thirty 53
(30) days prior to any Channel additions, deletions, or realignments, and further 54
subject to Grantee’s signal carriage obligations hereunder and pursuant to 47 55
U.S.C. § 531-536, and further subject to City’s rights pursuant to 47 U.S.C. § 545. 56
2. System Construction. All transmission lines, equipment and structures shall be so 57
installed and located as to cause minimum interference with the rights and reasonable 58
convenience of property owners and at all times shall be kept and maintained in a safe, 59
adequate and substantial condition, and in good order and repair. The Grantee shall, at 60
all times, employ ordinary care and use commonly accepted methods and devices for 61
preventing failures and accidents which are likely to cause damage, injuries, or 62
nuisances to the public. Suitable barricades, flags, lights, flares or other devices shall 63
be used at such times and places as are reasonably required for the safety of all 64
members of the public. Any poles or other fixtures placed in any public way by the 1
Grantee shall be placed in such a manner as not to interfere with the usual travel on 2
such public way. 3
3. Interruption of Service. Grantee shall interrupt Service only for good cause and for the 4
shortest time possible. Such interruption shall occur during periods of minimum use of 5
the System. If Service is interrupted for a total period of more than twenty-four (24) 6
continuous hours in any thirty (30) day period, Subscribers shall be credited pro rata for 7
such interruption. 8
4. Emergency Alert Capability. Grantee shall at all times comply with the Emergency Alert 9
System standards pursuant to Title 47, Section 11, Subparts A -E of the Code of Federal 10
Regulations, as may be amended or modified from time to time. 11
5. Technical Standards. The technical standards used in the operation of the System shall 12
comply, at minimum, with the technical standards promulgated by the FCC relating to 13
Cable Systems pursuant to Title 47, Section 76, Subpart K of the Code of Federal 14
Regulations, as may be amended or modified from time to time, which regulations are 15
expressly incorporated herein by reference. 16
6. FCC Reports. The results of any tests required to be filed by Grantee with the FCC shall 17
upon request of the City also be filed with the City or its designee within Thirty (30) days 18
of the date of request. 19
7. Service Area. The Grantee shall continue to provide Cable Service to all residences 20
within the Service Area where Grantee currently provides Cable Service. Grantee shall 21
have the right, but not the obligation, to extend the Cable System into any other portion 22
of the Service Area, including annexed areas. Cable Service offered to Subscribers 23
pursuant to this Franchise shall be conditioned upon Grantee having legal access to any 24
such Subscriber’s dwelling unit or other units wherein such Cable Service is provided. 25
26
SECTION 5. 27
SERVICE PROVISIONS 28
29
1. Non-Standard Installations. Grantee shall install and provide Cable Service to any 30
Person requesting other than a Standard Installation provided that said Cable Service 31
can meet FCC technical specifications and all payment and policy obligations are met. 32
In such case, Grantee may charge for the incremental increase in material and labor 33
costs incurred beyond the Standard Installation. 34
2. Sales Procedures. At the time of installation, Grantee shall inform the non-subscriber of 35
all levels of Service available. Grantee shall have the right to market door-to-door during 36
reasonable hours consistent with local Ordinances and regulation. 37
3. Consumer Protection and Service Standards. The Grantee shall comply with all 38
applicable federal regulations relating to customer service obligations, including any 39
amendments to 47 C.F.R. § 76.309 during the term of this Franchise, which for the 40
parties’ convenience are set forth below as they exist on the Effective Date. 41
a. Cable System office hours and telephone availability. 42
i. Grantee will maintain a local, toll-free or collect call telephone access line 43
which will be available to its Subscribers twenty-four (24) hours a day, 44
seven (7) days a week. 45
(1) Trained Grantee representatives will be available to respond to 46
customer telephone inquiries during Normal Business Hours. 47
(2) After Normal Business Hours, the access line may be answered by 48
a service or an automated response system, including an 49
answering machine. Inquiries received after Normal Business 50
Hours must be responded to by a trained Grantee representative 51
on the next business day. 52
ii. Under Normal Operating Conditions, telephone answer time by a 53
customer representative, including wait time, shall not exceed thirty (30) 54
seconds when the connection is made. If the call needs to be transferred, 55
transfer time shall not exceed thirty (30) seconds. These standards shall 56
be met no less then ninety percent (90%) of the time under Normal 57
Operating Conditions, measured on a quarterly basis. 58
iii. Grantee shall not be required to acquire equipment or perform surveys to 59
measure compliance with the telephone answering standards above 60
unless a historical record of complaints indicates a clear failure to comply. 61
iv. Under Normal Operating Conditions, the customer will receive a busy 62
signal less than three percent (3%) of the time. 63
v. Customer service center and bill payment locations will be open at least 1
during Normal Business Hours and will be conveniently located. 2
b. Installations, Outages and Service Calls. Under Normal Operating Conditions, 3
each of the following standards will be met no less than ninety-five percent (95%) 4
of the time measured on a quarterly basis. 5
i. Standard Installations will be performed within seven (7) business days 6
after an order has been placed. “Standard” Installations are those that are 7
located up to one hundred twenty-five (125) feet from the connection point 8
of the existing distribution system. 9
ii. Excluding conditions beyond the control of Grantee, Grantee will begin 10
working on “Service Interruptions” promptly and in no event later than 11
twenty-four (24) hours after the interruption becomes known. Grantee 12
must begin actions to correct other Service problems the next business 13
day after notification of the Service problem. 14
iii. The “appointment window” alternatives for Installations, Service calls, and 15
other Installation activities will be either a specific time or, at maximum, a 16
four (4) hour time block during Normal Business Hours. (Grantee may 17
schedule Service calls and other Installation activities outside of Normal 18
Business Hours for the express convenience of the customer.) 19
iv. Grantee may not cancel an appointment with a customer after the close of 20
business on the business day prior to the scheduled appointment. 21
v. If Grantee’s representative is running late for an appointment with a 22
customer and will not be able to keep the appointment as scheduled, the 23
customer will be contacted. The appointment will be rescheduled, as 24
necessary, at a time which is convenient for the customer. 25
c. Communications between Grantee and Subscribers. 26
i. Notifications to Subscribers: 27
(1) Grantee will provide written information on each of the following 28
areas at the time of Installation of Service, at least annually to all 29
Subscribers, and at any time upon request: 30
(a) Products and Services offered; 31
(b) Prices and options for programming Services and conditions 32
of subscription to programming and other Services; 33
(c) Installation and Service maintenance policies; 34
(d) Instructions on how to use the Cable Service; 35
(e) Channel positions of programming carried on the System; 36
and 37
(f) Billing and complaint procedures, including the address and 38
telephone number of the nearest customer service center. 39
(2) Subscribers will be notified of any changes in rates, programming 40
Services or Channel positions as soon as possible in writing. Notice 41
must be given to Subscribers a minimum of thirty (30) days in 42
advance of such changes if the change is within the control of the 43
Grantee. In addition, the Grantee shall notify Subscribers thirty (30) 44
days in advance of any significant changes in the other information 45
required by Section 76.1602. 46
(3) In addition to the requirement of subparagraph (2) of this section 47
regarding advance notification to Subscribers of any changes in 48
rates, programming services or Channel positions, Grantee shall 49
give thirty (30) days written notice to both Subscribers and the City 50
before implementing any rate or Service change. Such notice shall 51
state the precise amount of any rate change and briefly explain in 52
readily understandable fashion the cause of the rate change (e.g., 53
inflation, change in external costs or the addition/deletion of 54
Channels). When the change involves the deletion of Channels, 55
each Channel deleted must be separately identified. For purposes 56
of the carriage of digital broadcast signals, the Grantee need only 57
identify for Subscribers, the television signal location and not 58
whether that signal may be multiplexed during certain day parts. 59
(4) To the extent Grantee is required to provide notice of Service and 60
rate changes to Subscribers, the Grantee may provide such notice 61
using any reasonable written means at its sole discretion. 62
(5) Notwithstanding any other provision of this section, Grantee shall 63
not be required to provide prior notice of any rate change that is the 64
result of a regulatory fee, Franchise Fee, or any other fee, tax, 1
assessment, or charge of any kind imposed by any federal agency, 2
state, or the City on the transaction between the Grantee and the 3
Subscriber. 4
ii. Billing: 5
(1) Consistent with 47 C.F.R. § 76.1619, bills will be clear, concise and 6
understandable. Bills must be fully itemized, with itemizations 7
including, but not limited to, Basic Cable Service and premium 8
Service charges and equipment charges. Bills will also clearly 9
delineate all activity during the billing period, including optional 10
charges, rebates and credits. 11
(2) In case of a billing dispute, the Grantee must respond to a written 12
complaint from a Subscriber within thirty (30) days. 13
iii. Refunds: Refund checks will be issued promptly, but no later than either: 14
(1) The Subscriber’s next billing cycle following Ordinance of the 15
request or thirty (30) days, whichever is earlier, or 16
(2) The return of the equipment supplied by Grantee if Service is 17
terminated. 18
iv. Credits: Credits for Service will be issued no later than the Subscriber's 19
next billing cycle following the determination that a credit is warranted. 20
Upon 30 days written request, Grantee shall provide City with a quarterly compliance 21
report which report shall, at a minimum, describe in detail Grantee’s compliance with 22
each and every term and provision of this section. Grantee shall comply with the cable 23
industry’s on-time guaranty as endorsed by the National Cable Television Association. 24
This on-time guaranty generally provides that if Installation is not commenced within the 25
“appointment window” specified by the operator, Installation shall be free for the 26
Subscriber. Moreover, Grantee shall provide Subscribers with a Twenty and No/100 27
Dollars ($20.00) credit for any missed service appointments. 28
4. Refund Policy. If a Subscriber’s Cable Service is interrupted or discontinued without 29
cause, for twenty-four (24) or more consecutive hours, the Grantee shall, upon request 30
by Subscriber, credit such Subscriber pro rata for such interruption. For this purpose, 31
every month will be assumed to have thirty (30) days. 32
5. Late Fees. Grantee shall comply with all applicable state and federal laws with respect 33
to any assessment, charge, cost, fee or sum, however characterized , that the Grantee 34
imposes upon a Subscriber for late payment of a bill. The City reserves the right to 35
enforce Grantee’s compliance with all Applicable Laws to the maximum extent legally 36
permissible. 37
38
SECTION 6. 39
OPERATION AND ADMINISTRATION PROVISIONS 40
41
1. Administration of Franchise. The Mayor or designated City staff shall administer and 42
represent the City’s interest under this Franchise; provided, however, that the City 43
Council shall retain the sole authority to take enforcement action pursuant to this 44
Franchise. 45
2. Franchise Fee. 46
a. During the term of the Franchise, Grantee shall pay to City a Franchise Fee in an 47
amount equal to five percent (5%) of its annual Gross Revenues or such other 48
amount allowable by federal law. Any change in the franchise fee assessed shall 49
be considered an amendment of the Franchise. 50
b. Any payments due under this provision shall be payable quarterly. The payment 51
shall be made within forty-five (45) days of the end of each of Grantee’s fiscal 52
quarters together with a report showing the basis for the computation in form and 53
substance substantially the same as Exhibit A attached hereto. In the event that 54
a Franchise Fee payment or other sum due is not received by the City on or 55
before the date due, or is underpaid, Grantee shall pay in addition to the payment, 56
or sum due, interest from the due date at the state legal interest rate of 8% 57
annually (Alabama Code § 8.8.1). 58
c. All amounts paid shall be subject to audit and recomputation by the City and 59
acceptance of any payment shall not be construed as an accord that the amount 60
paid is in fact the correct amount. In the event the City should conduct a review 61
of Grantee’s books and records pursuant to Section 6.4 of this Franchise and 62
such review indicates a Franchise Fee underpayment of se ven percent (7%) or 63
more during the entire period reviewed, the Grantee shall, subject to Applicable 64
Law, assume all reasonable documented costs of such audit, and pay same upon 1
demand by the City. 2
3. Not Franchise Fees. 3
a. Grantee acknowledges and agrees that the Franchisee Fees payable by Grantee 4
to City pursuant to this section shall take precedence over all other payments, 5
contributions, services, equipment, facilities, support, resources or other activities 6
to be provided or performed by Grantee pursuant to this Franchise and that the 7
Franchise Fees provided for in this section of this Franchise shall not be deemed 8
to be in the nature of a tax, and shall be in addition to any and all taxes of general 9
applicability and other fees and charges which Grantee shall be required to pay 10
to City and/or to any other governmental authority, all of which shall be separate 11
and distinct obligations of Grantee. 12
b. Grantee shall not apply or seek to apply or make any claim that all or any part of 13
the Franchisee Fees or other payments or contributions to be made by Grantee 14
to City pursuant to this Franchise shall be deducted from or credited or offset 15
against any taxes, fees or assessments or general applicability levied or imposed 16
by City or any other governmental authority, including any such tax, fee or 17
assessment imposed on both utilities and cable operators or their services. 18
c. Grantee shall not apply or seek to apply all or any part of any taxes, fees or 19
assessments or general applicability levied or imposed by the City or a ny other 20
governmental authority (including any such tax, fee or assessment imposed on 21
both utilities and cable operators or their services) as a deduction or other credit 22
from or against any of the Franchise Fees or other payments or contributions to 23
be paid or made pursuant by Grantee to City to this Franchise which shall be 24
deemed to be separate and distinct obligations of Grantee. 25
4. Access to Records. The City shall have the right to inspect, upon reasonable notice and 26
during Normal Business Hours, or require Grantee to provide within a reasonable time 27
copies of any records maintained by Grantee which relate to System operations 28
including specifically Grantee’s accounting and financial records. The Grantee shall not 29
be required to maintain any books and records for Franchise compliance purposes 30
longer than required by applicable state statute of limitations, as may be amended from 31
time to time, except for service complaints which shall be kept for one (1) year. The City 32
acknowledges that some of the records which may be provided by Grantee may be 33
classified as confidential and therefore may subject Grantee to competitive 34
disadvantage if made public. The City shall therefore maintain the confidentialit y of any 35
and all records provided to it by Grantee which are not required to be made public 36
pursuant to Applicable Laws. Grantee shall produce such books and records for the 37
City’s inspection at any mutually agreed upon location within the City. 38
39
SECTION 7. 40
GENERAL FINANCIAL AND INSURANCE PROVISIONS 41
42
1. Liability Insurance. 43
a. Upon the effective date, Grantee shall, at its sole expense take out and maintain 44
during the term of this Franchise public liability insurance with a company 45
licensed to do business in the state of Alabama with a rating by A.M. Best & Co. 46
of not less than “B plus” listing the City as additional insured that shall protect the 47
Grantee, City and its officials, officers, directors, employees and agents from 48
claims which may arise from operations under this Franchise, whether such 49
operations be by the Grantee, its officials, officers, directors, employees and 50
agents or any subcontractors of Grantee. This liability insurance shall include but 51
shall not be limited to; protection against claims arising from bodily and personal 52
injury and damage to property, resulting from Grantee’s vehicles, products and 53
operations. The amount of insurance for single limit coverage applying to bodily 54
and personal injury and property damage shall not be less than Two Million and 55
No/100 Dollars ($2,000,000.00). The following endorsements shall be attached 56
to the liability policy: 57
i. The policy shall provide coverage on an “occurrence” basis. 58
ii. The policy shall cover personal injury as well as bodily injury. 59
iii. The policy shall cover blanket contractual liability subject to the standard 60
universal exclusions of contractual liability included in the carrier’s 61
standard endorsement as to bodily injuries, personal injuries and property 62
damage. 63
iv. Broad form property damage liability shall be afforded. 64
v. City shall be named as an additional insured on the policy. 1
vi. An endorsement shall be provided which states that the coverage is 2
primary insurance and that no other insurance maintained by the City will 3
be called upon to contribute to a loss under this coverage. 4
vii. Standard form of cross-liability shall be afforded. 5
viii. An endorsement stating that the policy shall not be canceled without thirty 6
(30) days’ notice of such cancellation given to City. 7
b. Grantee shall submit upon request to City certificate of insurance signed by the 8
insurance agent and companies named, as well as all properly executed 9
endorsements. 10
2. Indemnification 11
a. Grantee shall indemnify, defend and hold City, its officers, boards, Councils, 12
agents and employees (collectively the “Indemnified Parties”) harmless from and 13
against any and all lawsuits, claims, causes or action, actions, liabilities, 14
demands, damages, judgments, settlements, disability, losses, expenses 15
(including attorney’s fees and disbursements of counsel) and costs of any nature 16
that any of the Indemnified Parties may at any time suffer, sustain or incur arising 17
out of, based upon or in any way conne cted with the Grantee’s operations, the 18
exercise of the Franchise, the breach of Grantee of its obligations under this 19
Franchise and/or the activities of Grantee, it subcontractor, employees and 20
agents hereunder. 21
b. The indemnification obligations of Grantee set forth in this Franchise not limited 22
in any way by the amount or type of damages or compensation payable by or for 23
Grantee under Workers’ Compensation, disability or other employee benefit acts, 24
acceptance of insurance certificates required under this Franchise, or the terms, 25
applicability or limitations of any insurance held by Grantee. 26
c. City does not, and shall not, waive any rights against Grantee which it may have 27
by reason of the indemnification provided for in this Franchise, because of the 28
acceptance by City, or the deposit with City by Grantee, of any of the insurance 29
policies described in this Franchise. 30
d. The indemnification of City by Grantee provided for in this Franchise shall apply 31
to all damages and claims for damages of any kind suffered by reason of any of 32
the Grantee’s operations referred to in this Franchise, regardless of whether or 33
not such insurance policies shall have been determined to be applicable to any 34
such damages or claims for damages. 35
e. Grantee shall not be required to indemnify City for negligence or misconduct on 36
the part of City or its officials, boards, Councils, agents, or employees. City shall 37
hold Grantee harmless, subject to the limitations in state statutes for any damage 38
resulting from the negligence or misconduct of the City or its officials, boards, 39
Councils, agents, or employees in utilizing any access Channels, equipment, or 40
facilities and for any such negligence or misconduct by City in connection with 41
work performed by City and permitted by this Agreement, on or adjacent to the 42
Cable System. 43
3. Grantee’s Insurance. 44
Grantee shall not commence any Cable System reconstruction work or permit any 45
subcontractor to commence work until all insurance required under this Franchise has 46
been obtained. Said insurance shall be maintained in full force and effect until the 47
expiration of this Franchise. 48
a. In order for City to assert is rights to be indemnified, defended, and held harmless, 49
City must with respect to each claim: 50
i. Promptly notify Grantee in writing within ten (10) business days of any 51
claim or legal proceeding which gives rise to such right; 52
ii. Afford Grantee the opportunity to participate in and fully control any 53
compromise, settlement or other Ordinance or disposition of any claim or 54
proceeding; and 55
iii. Fully cooperate with reasonable requests of Grantee, at Grantee’s 56
expense, in its participation in, and control, compromise, settlement or 57
Ordinance or other disposition of such claim or proceeding subject to 58
paragraph 2 above. 59
60
61
62
63
64
SECTION 8. 1
SALE, ABANDONMENT, TRANSFER AND REVOCATION OF FRANCHISE 2
3
1. City’s Right to Revoke. 4
In addition to all other rights which the City has pursuant to law or equity, the City 5
reserves the right to commence proceedings to revoke, terminate or cancel this 6
Franchise, and all rights and privileges pertaining thereto, if it is determined by the City 7
that after notice and an opportunity to cure as reordered herein; 8
i. Grantee has repeatedly and substantially violated material provisions(s) of 9
this Franchise and has not put forth a reasonable proposal to cure such 10
violations; or 11
ii. Grantee has intentionally and materially evaded any of the provisions of 12
the Franchise; or 13
iii. Grantee has practiced a material fraud or a material deceit upon the City. 14
2. Procedures for Revocation. 15
a. The City shall provide Grantee with written notice of a cause for revocation and 16
the intent to revoke and shall allow Grantee thirty (30) days subsequent to receipt 17
of the notice in which to correct the violation or to provide adequate assurance of 18
performance in compliance with the Franchise. In the notice required therein, the 19
City shall provide Grantee with the basis of the revocation. 20
b. Should the City determine to proceed with a revocation proceeding, Grantee shall 21
be provided the right to a public hearing affording due process before the City 22
Council prior to the effective date of revocation. The due process to be afforded 23
Grantee shall include the Grantee’s right to present any written or verbal 24
testimony or other relevant evidence to the City Council for consideration. Such 25
information presented by Grantee shall be considered part of the record of the 26
proceeding. The City shall provide Grantee with written notice of its decision 27
together with written findings of fact supplementing said decision. 28
c. Only after the public hearing and upon written notice of the determination by the 29
City to revoke the Franchise may Grantee appeal said decision with an 30
appropriate state or federal court or agency. Nothing in this Franchise, including 31
the enforcement provisions set forth in this Section 8, shall prevent Grantee from 32
filing at any time a legal action in any permissible court or tribunal seeking a 33
declaration or enforcement of Grantee’s rights or obligations under the Franchise. 34
d. During the appeal period or pendency of any legal action, the Franchise shall 35
remain in full force and effect unless the term thereof sooner expires and Grantee 36
is not pursuing renewal under Applicable Law or unless continuation of the 37
Franchise would endanger the health, safety and welfare of any Person or the 38
public. 39
3. Removal After Abandonment, Termination or Forfeiture. In the event of termination or 40
forfeiture of the Franchise or abandonment of the System, the City shall have the right 41
to require Grantee to remove all or any portion of the System from all Rights -of-Way and 42
public property within the City. 43
4. Franchise Transfer. The Franchise granted hereunder shall not be assigned, other than 44
to an entity controlling, controlled by, or under common control with the Grantee, without 45
the prior written consent of the City, such consent not to be unreasonably withheld or 46
delayed. No such consent shall be required, however, for a transfer in trust, by 47
mortgage, by other hypothecation, or by assignment of any rights, title, or interest of the 48
Grantee in the Franchise or Cable System to secure indebtedness. Within thirty (30) 49
days of receiving a request for transfer, the City shall notify the Grantee in writing of any 50
additional information it reasonably requires to determine the legal, financial and 51
technical qualifications of the transferee. If the City has not taken action on the Grantee’s 52
request for transfer within one hundred twenty (120) days after receiving such request, 53
consent by the City shall be deemed given. 54
55
SECTION 9. 56
PROTECTION OF INDIVIDUAL RIGHTS 57
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1. Discriminatory Practices Prohibited. Grantee shall not deny Service, deny access, or 59
otherwise discriminate against Subscribers or general cit izens on the basis of race, 60
color, religion, national origin, sex, age, status as to public assistance, affectional 61
preference, or disability. Grantee shall comply at all times with all other Applicable Laws, 62
and all executive and administrative orders relating to nondiscrimination. It shall be the 63
right of all Persons to continuously receive all available services provided on the Cable 64
System so long as such Person’s financial or other obligations to the Grantee are 1
satisfied 2
2. Subscriber Privacy. Grantee shall at all times comply with all applicable provisions of 47 3
U.S.C. 551 governing subscriber privacy. City reserves any and all rights it may have 4
now or in the future to enforce compliance with all applicable state and federal laws and 5
regulations governing subscriber privacy. 6
7
SECTION 10. 8
UNAUTHORIZED CONNECTIONS AND MODIFICATIONS 9
10
1. Unauthorized Connections or Modifications Prohibited. It shall be unlawful for any firm, 11
Person, group, company, corporation, or gove rnmental body or agency, without the 12
express consent of the Grantee, to make or possess, or assist anybody in making or 13
possessing, any unauthorized connection, extension, or division, whether physically, 14
acoustically, inductively, electronically or otherwise, with or to any segment of the 15
System or receive Services of the System without Grantee’s authorization. 16
2. Removal or Destruction Prohibited. It shall be unlawful for any firm, Person, group, 17
company, or corporation to willfully interfere, tamper, remove, obstruct, or damage, or 18
assist thereof, any part or segment of the System for any purpose whatsoever. 19
3. Penalty. Any firm Person, group, company, or corporation found guilty of violating this 20
section may be prosecuted and fined according to applicable law. 21
22
SECTION 11. 23
MISCELLANEOUS PROVISIONS 24
25
1. Franchise Renewal. Any renewal of this Franchise shall be performed in accordance 26
with Section 626 of the Cable Act. 27
2. Work Performed by Others. All applicable obligations of this Franchise shall apply to any 28
subcontractor or others performing any work or services pursuant to the provisions of 29
this Franchise. Grantee shall provide notice to City of the name(s) and address(es) of 30
any entity, other than Grantee, which performs substantial services pursuant to this 31
Franchise. 32
3. Amendment of Franchise Ordinance. Grantee and City may agree, from time to time, to 33
amend this Franchise. Such written amendments may be made at any time if City and 34
Grantee agree that such an amendment will be in the public interest or if such an 35
amendment is required due to changes in federal, state or local laws. 36
4. Compliance with Federal, State and Local Laws. 37
a. If any federal or state law or regulation shall require or permit City or Grantee to 38
perform any service or act or shall prohibit City or Grantee from performing any 39
service or act which may be in conflict with the terms of this Franchise, then as 40
soon as possible following knowledge thereof, either party shall notify the other 41
of the point in conflict believed to exist between such law or regulation . 42
b. If any term, condition or provision of this Franchise or the application thereof to 43
any Person or circumstance shall, to any extent, be held to be invalid or 44
unenforceable, the remainder hereof and the application of such term, condition 45
or provision to Persons or circumstances other than those as to whom it shall be 46
held invalid or unenforceable shall not be affected thereby, and this Franchise 47
and all the terms, provisions and conditions hereof shall, in all other respects, 48
continue to be effective and complied with provided the loss of the invalid or 49
unenforceable clause does not substantially alter the agreement between the 50
parties. In the event such law, rule or regulation is subsequently repealed, 51
rescinded, amended or otherwise changed so that the provision which had been 52
held invalid or modified is no longer in conflict with the law, rules and regulations 53
then in effect, said provision shall thereupon return to full force and effect and 54
shall thereafter be binding on Grantee and the City. 55
5. Non-enforcement by City. Grantee shall not be relieved of its obligations to comply with 56
any of the provisions of this Franchise by reason of any failure or delay of the City to 57
enforce prompt compliance. The City may only waive its rights hereunder by expressly 58
so stating in writing. Any such written waiver by the City of a breach or violation of any 59
provision of this Franchise shall not operate as or be construed to be a waiver of any 60
subsequent breach or violation. 61
6. Rights Cumulative. The rights and remedies reserved to the City and Grantee by this 62
Franchise are cumulative and shall be in addition to and not in derogation of any other 63
legal or equitable rights or remedies which the City and Grantee may have with respect 64
to the subject matter of this Franchise, and a waiver thereof at any time sha ll have no 1
effect on the enforcement of such rights or remedies at a future time. 2
7. Force Majeure. Neither party shall be in default under this Agreement if any failure or 3
delay in performance is caused by acts of God; fi re; flood; earthquake; lightning; 4
unusually severe weather; material or facility shortages or unavailability not resulting 5
from such party's failure to timely place orders therefore; war or civil disorder; or any 6
other cause beyond the reasonable control of either party hereto. The excused party 7
shall use reasonable efforts under the circumstances to avoid or remove such causes 8
of non-performance and shall proceed to perform with reasonable dispatch whenever 9
such causes are removed or ceased. Notification shall be given by the excused party to 10
the other party, of the cause and of the estimated duration, when possible. 11
12
SECTION 12. 13
PUBLICATION EFFECTIVE DATE; ACCEPTANCE AND EXHIBITS 14
15
1. Publication, Effective Date. This Franchise shall be published in accordance with 16
applicable local and state law. The effective dat e of this Franchise shall be the date of 17
acceptance by Grantee in accordance with the provisions of Section 12.2. 18
2. Acceptance. 19
a. Grantee shall accept this Franchise within thirty (30) days of its enactment by the 20
City Council unless the time for acceptance is extended by City. Such acceptance 21
by the Grantee shall be deemed the grant of this Franchise for all purposes; 22
provided, however, this Franchise shall not be effective until all City Ordinance 23
adoption procedures are complied with, and all applicable timelines have run for 24
the adoption of a City Ordinance. In the event acceptance does not take place or 25
should all Ordinance adoption procedures and timelines not be completed, this 26
Franchise and any and all rights granted hereunder to Grantee shall be null and 27
void. 28
b. Grantee shall accept this Franchise in the following manner: 29
i. This Franchise will be properly executed and acknowledged by Grantee 30
and delivered to City. 31
ii. With its acceptance, Grantee shall also deliver a check in the amount of 32
Six Thousand Dollars ($6,000.00) made payable to the City of Prattville, 33
Alabama as an acceptance fee and insurance certificates as required 34
herein, that have not previously been delivered. The acceptance fee shall 35
serve to recover attorney’s fees and consulting expenses incurred by the 36
City in granting this Franchise. 37
38
Passed and adopted by the City Council this_____ day of ____________, 2025. 39
40
ATTEST: CITY OF PRATTVILLE, ALABAMA 41
42
By: By: 43
44
Its: City Clerk Its: Mayor 45
46
ACCEPTED: This Franchise is accepted, and we agree to be bound by its terms and 47
conditions. 48
49
KNOLOGY OF ALABAMA, INC 50
51
52
Date: , 2025 By: ________________________________ 53
54
Its: 55
56
ADOPTED THIS 6TH DAY OF MAY, 2025. 57
58
59
60
By: Lora Lee Boone, President 61
Prattville City Council 62
63
64
AUTHENTICATED THIS 6TH DAY OF MAY, 2025. 1
2
3
4
By: Paula G. Barlow 5
City Clerk 6
7
APPROVED: 8
9
10
11
By: Bill Gillespie, Jr. 12
Mayor 13
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ORDINANCE BOOK 2025, PAGE ___ 64
RESOLUTION 1
2
[To Award Bid No. 025-006 to Alexander Sealcoating & Striping, Inc. for the FY2025 Local 3
Paving, at a Total Cost Not to Exceed $1,339,855.00.] 4
5
{Sponsored By: Councilor Jackson} 6
7
WHEREAS, the City of Prattville has a need to upgrade the paving of various streets 8
9
within the Corporate Limits; and 10
11
WHEREAS, the Engineering Department had specifications drafted for said paving 12
13
project; and 14
15
WHEREAS, six (6) sealed bids were received, opened, and read aloud on April 16, 16
17
2025, at 10:00 a.m. in the HR Conference Room at City Hall, and Alexander Sealcoating & 18
19
Striping, Inc. was the lowest responsible bidder at a cost of $1,339,855.00 for said paving 20
21
project; and 22
23
WHEREAS, this is a budgeted expense in the Gas Tax Fund. 24
25
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Prattville 26
27
hereby awards Bid No. 025-006 to Alexander Sealcoating & Striping, Inc. in an amount not to 28
29
exceed $1,339,855.00 for said paving project, and said funds are approved and appropriated 30
31
from FY2025 Budget Line Items Gas Tax Fund/ Local Paving, Spinners Park Paving, and 32
33
Pool and Library Paving. 34
35
BE IT FURTHER RESOLVED that the Mayor is hereby authorized to execute any and 36
37
all documents necessary to carry out the intent of this Resolution. 38
39
ADOPTED THIS 6TH DAY OF MAY, 2025. 40
41
42
43
By: Lora Lee Boone, President 44
Prattville City Council 45
46
AUTHENTICATED THIS 6TH DAY OF MAY, 2025. 47
48
49
50
By: Paula G. Barlow 51
City Clerk 52
53
APPROVED: 54
55
56
57
By: Bill Gillespie, Jr. 58
59
60
61
62
63
RESOLUTION BOOK 2025, PAGE ____ 64
RESOLUTION 1
2
[To Set a Public Hearing to Rezone Property Located Inside the Corporate Limits at Saratoga 3
Lane and Sydney Drive S. Known as Glennbrooke 10 from R-2 (Single Family Residential) to 4
R-3 (Single Family Residential) (Petitioner: Blake Rice-BSI Inc.).]5
6
{Sponsored By: Councilor Chambers} 7
8
WHEREAS, Blake Rice of BSI, Inc. is the petitioner for the property described in 9
10
Attachment “A”; and 11
12
WHEREAS, said property to be rezoned is located inside the Corporate Limits at 13
14
Saratoga Lane and Sydney Drive S.; and 15
16
WHEREAS, the petitioner wishes to rezone the approximately 103.96 +/- acre property 17
18
from R-2 to R-3; and 19
20
WHEREAS, a Public Hearing on the proposed rezoning was held by the City of Prattville 21
22
Planning Commission on April 17, 2025; and 23
24
WHEREAS, the Planning Commission did recommend the zoning of said property, as 25
26
described in Attachment “A” be amended from R-2 to R-3. 27
28
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Prattville, that 29
30
a Public Hearing is set for June 3, 2025, at 6:00 p.m. on the 2nd Floor of 124 W. Main Street. 31
32
33
STOP AND VOTE TO ADOPT THE RESOLUTION, THEN READ THE ORDINANCE ON 34
THE NEXT PAGE 35
36
37
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42
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45
46
47
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49
50
PROPOSED ORDINANCE 51
52
Pursuant to the requirements of Title 11-52-77, Code of Alabama, 1975, as amended. Notice 53
54
is hereby given by the City Council of the City of Prattville, Alabama, that at the regular meeting 55
56
of said City Council on May 6, 2025, on the 2nd floor of 124 W. Main Street, Prattville, Alabama, 57
58
the following proposed ordinance was introduced. 59
60
61
62
Paula G. Barlow 63
City Clerk 64
ORDINANCE 1
2
BE IT ORDAINED by the City Council of the City of Prattville, Alabama, as follows: 3
4
THAT the zoning ordinance of the City of Prattville, Alabama, and the zoning map are 5
6
hereby amended to reclassify the property described in Attachment “A” be amended from R-2 7
8
to R-3; and 9
10
THAT this proposed Ordinance and a synopsis were advertised for two (2) weeks in the 11
12
Montgomery Advertiser, a newspaper of general circulation within the Corporate Limits of the 13
14
City of Prattville, and that the City Council at its Public Hearing on June 3, 2025, at 6:00 p.m., 15
16
considered said proposed Ordinance and that at such time and place all persons who desired 17
18
had an opportunity to be heard in favor of or in opposition to such Ordinance. 19
20
ALL other items and provisions of the zoning ordinance not herein specifically amended 21
22
shall remain in full force and effect. 23
24
THE amendments herein contained were considered and recommended by the City of 25
26
Prattville Planning Commission on April 17, 2025. 27
28
THIS Ordinance shall become effective upon its passage and execution as provided by 29
30
law. 31
32
ADOPTED THIS 6TH DAY OF MAY, 2025. 33
34
35
36
By: Lora Lee Boone, President 37
Prattville City Council 38
39
AUTHENTICATED THIS 6TH DAY OF MAY, 2025. 40
41
42
43
By: Paula G. Barlow 44
City Clerk 45
46
APPROVED: 47
48
49
50
By: Bill Gillespie, Jr. 51
Mayor 52
53
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57
58
59
60
61
62
63
RESOLUTION BOOK 2025, PAGE ___ 64
RESOLUTION 1
2
[To Authorize the Mayor to Enter into an Agreement with Civil Southeast, LLC for 3
Construction Engineering and Inspection Services for FY2025 Local Street Paving Project for 4
the Engineering Department at a Cost Not to Exceed $113,000.00.] 5
6
{Sponsored By: Councilor Jackson} 7
8
WHEREAS, the Engineering Department has identified a need for construction 9
10
engineering and inspection services for the FY 2025 Local Street Paving Project; and 11
12
WHEREAS, Civil Southeast, LLC has the expertise to provide said services at a cost 13
14
not to exceed $113,000.00; and 15
16
WHEREAS, §39-2-2(d)(1), Code of Alabama, 1975, as amended, allows contracts to 17
18
secure services with engineers possessing a high degree of professional skill to be let without 19
20
bidding; and 21
22
WHEREAS, this is a budgeted expense in the Gas Tax Fund. 23
24
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Prattville that 25
26
the Mayor is hereby authorized to enter into said agreement with Civil Southeast, LLC for said 27
28
engineering services at a cost not to exceed $113,000.00, and funds are approved and 29
30
appropriated from FY2025 Budget Line Item Gas Tax Fund/ Local Paving. 31
32
BE IT FURTHER RESOLVED that the Mayor is hereby authorized to execute any and 33
34
all documents necessary to carry out the intent of this Resolution. 35
36
ADOPTED THIS 6TH DAY OF MAY, 2025. 37
38
39
40
By: Lora Lee Boone, President 41
Prattville City Council 42
43
AUTHENTICATED THIS 6TH DAY OF MAY, 2025. 44
45
46
47
By: Paula G. Barlow 48
City Clerk 49
50
APPROVED: 51
52
53
54
By: Bill Gillespie, Jr. 55
Mayor 56
57
58
59
60
61
62
63
RESOLUTION BOOK 2025, PAGE ___ 64
RESOLUTION 1
2
[To Amend the FY2025 Budget and Authorize the Release of Funds for the Purchase of 3
Various Office Furniture through State Contracts for the Police and Fire Training Facility at a 4
Total Cost Not to Exceed $107,571.04.] 5
6
{Sponsored By: Councilor Whaley} 7
8
WHEREAS, a need has been identified to purchase office furniture for the new Police 9
10
and Fire Training Facility; and 11
12
WHEREAS, said office furniture is available through Division 12 Consulting, LLC from 13
14
State Contract No. MA220000002849 - Via Seating Inc. for $47,306.05, State Contract No. 15
16
MA230000002897-2 - Kimball International Brands, Inc. for $17,209.35, State Contract No. 17
18
MA220000002810 - Krueger International, Inc. for $39,473.28, and Division 12 Consulting, LLC 19
20
for $3,582.36. 21
22
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Prattville that 23
24
the FY2025 Budget is hereby amended as follows: 25
26
Increase Police/ Equipment Maintenance $43,785.52 27
Increase Fire/ Equipment Maintenance $53,785.52 28
Increase General Fund/ Donations – Public Safety $15,000.00 29
Increase General Fund/ PFD – Standby Requests $15,000.00 30
Decrease Police/ Training & Development $ 5,000.00 31
Increase General Fund/ Business Licenses $62,571.04 32
33
BE IT FURTHER RESOLVED that funds in an amount not to exceed $107,571.04 for 34
35
the purchase of said furniture are hereby authorized and approved to be paid to the various 36
37
vendors, and said funds are approved and appropriated from FY2025 Budget Line Items 38
39
Police/ Equipment Maintenance and Fire/ Equipment Maintenance. 40
41
ADOPTED THIS 6TH DAY OF MAY, 2025. 42
43
44
45
By: Lora Lee Boone, President 46
Prattville City Council 47
48
AUTHENTICATED THIS 6TH DAY OF MAY, 2025. 49
50
51
52
By: Paula G. Barlow 53
City Clerk 54
55
APPROVED: 56
57
58
59
By: Bill Gillespie, Jr. 60
Mayor 61
62
63
RESOLUTION BOOK 2025, PAGE ____ 64
RESOLUTION 1
2
[To Set a Public Hearing to Rezone Property Located Inside the Corporate Limits at County 3
Road 4 East and Washington Ferry Road from B -2 (General Business) to R-3 (Single Family 4
Residential) (Petitioner: City of Prattville).] 5
6
{Sponsored By: Councilor Jackson} 7
8
WHEREAS, The City of Prattville is the petitioner for the property described in 9
10
Attachment “A”; and 11
12
WHEREAS, said property to be rezoned is located inside the Corporate Limits at County 13
14
Road 4 East and Washington Ferry Road; and 15
16
WHEREAS, the petitioner wishes to rezone the approximately 4.18 +/- acre property 17
18
from B-2 to R-3; and 19
20
WHEREAS, a Public Hearing on the proposed rezoning was held by the City of Prattville 21
22
Planning Commission on April 17, 2025; and 23
24
WHEREAS, the Planning Commission did recommend the zoning of said property, as 25
26
described in Attachment “A” be amended from B-2 to R-3. 27
28
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Prattville, that 29
30
a Public Hearing is set for June 3, 2025, at 6:00 p.m. o n the 2nd Floor of 124 W. Main Street. 31
32
33
STOP AND VOTE TO ADOPT THE RESOLUTION, THEN READ THE ORDINANCE ON 34
THE NEXT PAGE 35
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47
48
49
50
PROPOSED ORDINANCE 51
52
Pursuant to the requirements of Title 11-52-77, Code of Alabama, 1975, as amended. Notice 53
54
is hereby given by the City Council of the City of Prattville, Alabama, that at the regular meeting 55
56
of said City Council on May 6, 2025, on the 2nd floor of 124 W. Main Street, Prattville, Alabama, 57
58
the following proposed ordinance was introduced. 59
60
61
62
Paula G. Barlow 63
City Clerk 64
ORDINANCE 1
2
BE IT ORDAINED by the City Council of the City of Prattville, Alabama, as follows: 3
4
THAT the zoning ordinance of the City of Prattville, Alabama, and the zoning map are 5
6
hereby amended to reclassify the property described in Attachment “A” be amended from B -2 7
8
to R-3; and 9
10
THAT this proposed Ordinance and a synopsis were advertised for two (2) weeks in the 11
12
Montgomery Advertiser, a newspaper of general circulation within the Corporate Limits of the 13
14
City of Prattville, and that the City Council at its Public Hearing on June 3, 2025, at 6:00 p.m., 15
16
considered said proposed Ordinance and that at such time and place all persons who desired 17
18
had an opportunity to be heard in favor of or in opposition to such Ordinance. 19
20
ALL other items and provisions of the zoning ordinance not herein specifically amended 21
22
shall remain in full force and effect. 23
24
THE amendments herein contained were considered and recommended by the City of 25
26
Prattville Planning Commission on April 17, 2025. 27
28
THIS Ordinance shall become effective upon its passage and execution as provided by 29
30
law. 31
32
ADOPTED THIS 6TH DAY OF MAY, 2025. 33
34
35
36
By: Lora Lee Boone, President 37
Prattville City Council 38
39
AUTHENTICATED THIS 6TH DAY OF MAY, 2025. 40
41
42
43
By: Paula G. Barlow 44
City Clerk 45
46
APPROVED: 47
48
49
50
By: Bill Gillespie, Jr. 51
Mayor 52
53
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55
56
57
58
59
60
61
62
63
RESOLUTION BOOK 2025, PAGE ___ 64
RESOLUTION 1
2
[To Amend the FY2025 Budget and Authorize the Mayor to Enter into an Advisory Services 3
Agreement with Local Government Services, LLC to Negotiate Fiber Services Agreements 4
between the City of Prattville and Southern Light, LLC (Uniti) and Alabama Fiber Network, 5
Inc. at a Cost Not to Exceed $14,000.00.] 6
7
{Sponsored By: Councilor Chambers} 8
9
WHEREAS, the City has a need to regulate and oversee the provision of fiber services 10
11
provided in the community and determine compliance with existing franchises regarding the 12
13
remittance of fiber franchise fees to the City from Southern Light, LLC (Uniti) and Alabama 14
15
Fiber Network; and 16
17
WHEREAS, Local Government Services, LLC has the expertise to assist with 18
19
negotiations of said services at a cost not to exceed $14,000.00; and 20
21
WHEREAS, §41-16-51(a)(3), Code of Alabama, 1975, as amended, allows contracts to 22
23
secure services with consultants possessing a high degree of professional skill to be let without 24
25
competitive bidding. 26
27
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Prattville that 28
29
the FY2025 Budget is hereby amended as follows: 30
31
Increase General Fund/ Franchise Fees $14,000.00 32
Increase Finance/ Misc. Contract Services $14,000.00 33
34
BE IT FURTHER RESOLVED that the Mayor is hereby authorized to enter into said 35
36
agreement with Local Government Services, LLC for said services at a cost not to exceed 37
38
$14,000.00, and funds are approved and appropriated from FY2025 Budget Line Item Finance/ 39
40
Miscellaneous Contract Services. 41
42
BE IT FURTHER RESOLVED that the Mayor is hereby authorized to execute any and 43
44
all documents necessary to carry out the intent of this Resolution. 45
46
ADOPTED THIS 6TH DAY OF MAY, 2025. 47
48
49
By: Lora Lee Boone, President 50
Prattville City Council 51
52
AUTHENTICATED THIS 6TH DAY OF MAY, 2025. 53
54
55
By: Paula G. Barlow 56
City Clerk 57
58
APPROVED: 59
60
61
By: Bill Gillespie, Jr. 62
Mayor 63
RESOLUTION BOOK 2025, PAGE ____ 64
RESOLUTION 1
2
[To Amend the FY2025 Budget and Authorize the Release of Funds for Roadway 3
Maintenance on Portions of Ridge Trail, Ridge Terrace, Johnson Street, Robinson Street, 4
Reynolds Mill Road, and Competition Street to Charles E. Watts, Inc. at a Cost Not to Exceed 5
$98,000.00.] 6
7
{Sponsored By: Councilor Jackson} 8
9
WHEREAS, a need has been identified for roadway maintenance updates on portions 10
11
of Ridge Trail, Ridge Terrace, Johnson Street, Robinson Street, Reynolds Mill Road, and 12
13
Competition Street; and 14
15
WHEREAS, the Engineering Department desires to utilize a triple surface chip seal 16
17
treatment for this roadway maintenance; and 18
19
WHEREAS, Charles E. Watts, Inc. has the expertise to provide said products and 20
21
services at a cost of $98,000.00; and 22
23
WHEREAS, §39-2-2, Code of Alabama, 1975, as amended, allows contracts for public 24
25
works projects not exceeding $100,000.00 to be let without bidding; and 26
27
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Prattville that 28
29
the FY2025 Budget is hereby amended as follows: 30
31
Increase General Fund/ Business Licenses $98,000.00 32
Increase Engineering/ Construction Materials $98,000.00 33
34
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Prattville that 35
36
funds in the amount not to exceed $98,000.00, are hereby authorized and approved to be paid 37
38
to Charles E. Watts, Inc. for said roadway maintenance, and said funds are approved and 39
40
appropriated from FY2025 Budget Line Item Engineering/ Construction Materials. 41
42
BE IT FURTHER RESOLVED that the Mayor is hereby authorized to execute any and 43
44
all documents necessary to carry out the intent of this Resolution. 45
46
ADOPTED THIS 6TH DAY OF MAY, 2025. 47
48
49
By: Lora Lee Boone, President 50
Prattville City Council 51
52
AUTHENTICATED THIS 6TH DAY OF MAY, 2025. 53
54
55
By: Paula G. Barlow 56
City Clerk 57
58
APPROVED: 59
60
61
By: Bill Gillespie, Jr. 62
Mayor 63
RESOLUTION BOOK 2025, PAGE ___ 64
RESOLUTION 1
2
[To Award Bid No. 025-005 to Buffalo Rock Company for the Fountain and Prepackaged 3
Beverage Rights at Stanley Jensen Stadium.] 4
5
{Sponsored By: Council President Pro Tempore Strichik} 6
7
WHEREAS, a need has been identified for fountain and prepackaged beverage rights 8
9
for the concessions stands at Stanley Jensen Stadium; and 10
11
WHEREAS, Parks and Recreation had specifications drafted for said services; and 12
13
WHEREAS, two (2) sealed bids were received, opened, and read aloud on April 28, 14
15
2025, at 2:00 p.m. in the HR Conference Room at City Hall, and Buffalo Rock Company was 16
17
the most responsive bidder. 18
19
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Prattville 20
21
hereby awards Bid No. 025-005 to Buffalo Rock Company for a total of five (5) years for the 22
23
exclusive sale of fountain and prepackaged beverages, and advertisement on scoreb oards at 24
25
Stanley Jensen Stadium. 26
27
BE IT FURTHER RESOLVED that the Mayor is hereby authorized to execute any and 28
29
all documents necessary to carry out the intent of this Resolution. 30
31
ADOPTED THIS 6TH DAY OF MAY, 2025. 32
33
34
35
By: Lora Lee Boone, President 36
Prattville City Council 37
38
AUTHENTICATED THIS 6TH DAY OF MAY, 2025. 39
40
41
42
By: Paula G. Barlow 43
City Clerk 44
45
APPROVED: 46
47
48
49
By: Bill Gillespie, Jr. 50
Mayor 51
52
53
54
55
56
57
58
59
60
61
62
63
RESOLUTION BOOK 2025, PAGE ___ 64
RESOLUTION 1
2
[To Authorize the Release of Funds for Doster Well Area Site Improvements to Multihelpers 3
LLC at a Cost Not to Exceed $75,000.00.] 4
5
{Sponsored By: Councilor Jackson} 6
7
WHEREAS, the Engineering Department has identified a need for site improvements to 8
9
the Doster Well area; and 10
11
WHEREAS, Multihelpers LLC has the expertise to provide said site improvements at a 12
13
cost not to exceed $75,000.00; and 14
15
WHEREAS, §39-2-2, Code of Alabama, 1975, as amended, allows contracts for public 16
17
works projects not exceeding $100,000.00 to be let without bidding; and 18
19
WHEREAS, this is a budgeted expense in the Capital Projects Fund. 20
21
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Prattville that 22
23
funds in the amount not to exceed $75,000.00, are hereby authorized and approved to be paid 24
25
to Multihelpers LLC for said site improvements, and said funds are approved and appropriated 26
27
from FY2025 Budget Line Item Capital Projects Fund/ Doster Well Improvements. 28
29
BE IT FURTHER RESOLVED that the Mayor is hereby authorized to execute any and 30
31
all documents necessary to carry out the intent of this Resolution. 32
33
ADOPTED THIS 6TH DAY OF MAY, 2025. 34
35
36
37
By: Lora Lee Boone, President 38
Prattville City Council 39
40
AUTHENTICATED THIS 6TH DAY OF MAY, 2025. 41
42
43
44
By: Paula G. Barlow 45
City Clerk 46
47
APPROVED: 48
49
50
51
By: Bill Gillespie, Jr. 52
Mayor 53
54
55
56
57
58
59
60
61
62
63
RESOLUTION BOOK 2025, PAGE ___ 64
RESOLUTION 1
2
[To Authorize the Mayor to Sign a Settlement Agreement with Spectrum Southeast, LLC, l/k/a 3
Charter Communications, Inc., to Collect Unpaid Franchise Fees.] 4
5
{Sponsored By: Councilor Chambers} 6
7
WHEREAS, Spectrum Southeast, LLC, l/k/a Charter Communications, Inc., owns, 8
9
operates and maintains a cable system in the City of Prattville, Alabama (“City”) pursuant to a 10
11
Cable Television Franchise Ordinance (“Franchise”); and 12
13
WHEREAS, pursuant to the franchise agreement, Charter Communications, Inc. remits 14
15
franchise fees to the City; and 16
17
WHEREAS, Local Government Services, LLC, conducted an audit of Charter 18
19
Communications, Inc. franchise fee payments to the City of Prattville, and determined that
20
21
Charter Communications, Inc. underpaid franchise fees to the City; and 22
23
WHEREAS, Charter Communications, Inc. disputes the amount claimed, but the parties 24
25
have both agreed on a settlement agreement to resolve all unpaid franchise fees. 26
27
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Prattville that 28
29
the Mayor is hereby authorized and empowered to sign the settlement agreement with 30
31
Spectrum Southeast, LLC, l/k/a Charter Communications, Inc., to collect unpaid franchise fees. 32
33
BE IT FURTHER RESOLVED that the Mayor is hereby authorized to execute any and 34
35
all documents necessary to carry out the intent of this Resolution. 36
37
ADOPTED THIS 6TH DAY OF MAY, 2025. 38
39
40
41
By: Lora Lee Boone, President 42
Prattville City Council 43
44
AUTHENTICATED THIS 6TH DAY OF MAY, 2025. 45
46
47
48
By: Paula G. Barlow 49
City Clerk 50
51
APPROVED: 52
53
54
55
By: Bill Gillespie, Jr. 56
Mayor 57
58
59
60
61
62
63
RESOLUTION BOOK 2025, PAGE ____ 64
RESOLUTION 1
2
[To Authorize the Mayor to Enter into an Agreement with Seay, Seay & Litchfield, P.C. for 3
Architectural Design Services for Public Works Street Facility Building Addition for the 4
Engineering Department at a Cost Not to Exceed $27,500.00.] 5
6
{Sponsored By: Councilor Jackson} 7
8
WHEREAS, the Engineering Department has identified a need for architectural design 9
10
services for the Public Works Street Facility Building addition; and 11
12
WHEREAS, Seay, Seay & Litchfield, P.C. has the expertise to provide said services at 13
14
a cost not to exceed $27,500.00; and 15
16
WHEREAS, §39-2-2(d)(1), Code of Alabama, 1975, as amended, allows contracts to 17
18
secure services with architects possessing a high degree of professional skill to be let without 19
20
bidding; and 21
22
WHEREAS, this is a budgeted expense in the Engineering Department. 23
24
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Prattville that 25
26
the Mayor is hereby authorized to enter into said agreement with Seay, Seay & Litchfield, P.C. 27
28
for said architectural services at a cost not to exceed $27,500.00, and funds are approved and 29
30
appropriated from FY2025 Budget Line Item Engineering/ Engineering & Drafting. 31
32
BE IT FURTHER RESOLVED that the Mayor is hereby authorized to execute any and 33
34
all documents necessary to carry out the intent of this Resolution. 35
36
ADOPTED THIS 6TH DAY OF MAY, 2025. 37
38
39
40
By: Lora Lee Boone, President 41
Prattville City Council 42
43
AUTHENTICATED THIS 6TH DAY OF MAY, 2025. 44
45
46
47
By: Paula G. Barlow 48
City Clerk 49
50
APPROVED: 51
52
53
54
By: Bill Gillespie, Jr. 55
Mayor 56
57
58
59
60
61
62
63
RESOLUTION BOOK 2025, PAGE ___ 64
RESOLUTION 1
2
[To Authorize the Mayor to Enter into an Election Agreement with KNOWiNK LLC at a Cost 3
Not to Exceed $1,000.00 Per Election.] 4
5
{Sponsored By: Councilor Whaley} 6
7
WHEREAS, in Resolution Book 2025, Page 019, on January 28, 2025, the City Council 8
9
of the City of Prattville authorized the Mayor to enter into an agreement with the Elmore County 10
11
Commission, the Elmore County Board of Registrars and the Elmore County Probate Judge 12
13
for the 2025 Municipal Elections; and 14
15
WHEREAS, KNOWiNK LLC is the company that services the poll books for Elmore 16
17
County; and 18
19
WHEREAS, KNOWiNK LLC will need to perform such services and license the software 20
21
for poll books used by the City of Prattville during the 2025 Municipal Elections; and 22
23
WHEREAS, the cost for said services is up to $1,000.00 per election; and 24
25
WHEREAS, this is a budgeted expense in the City Clerk’s Department. 26
27
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Prattville 28
29
hereby authorizes the Mayor to enter into said election agreement with KNOWiNK LLC. 30
31
BE IT FURTHER RESOLVED that funds in an amount not to exceed $1,000.00 per 32
33
election are hereby authorized and approved to be paid to the KNOWiNK for said services , and 34
35
said funds are approved and appropriated from FY2025 Budget Line Item City Clerk/ Election 36
37
Supplies. 38
39
BE IT FURTHER RESOLVED that the Mayor is hereby authorized to execute any and all 40
41
documents necessary to carry out the intention of this Resolution. 42
43
ADOPTED THIS 6TH DAY OF MAY, 2025. 44
45
46
By: Lora Lee Boone, President 47
Prattville City Council 48
49
AUTHENTICATED THIS 6TH DAY OF MAY, 2025. 50
51
52
By: Paula G. Barlow 53
City Clerk 54
55
APPROVED: 56
57
58
By: Bill Gillespie, Jr. 59
Mayor 60
61
62
63
RESOLUTION BOOK 2025, PAGE ____ 64