Title
A Resolution Authorizing the Mayor to Request an Opinion from the Attorney General
Summary
Description of Topic: (who, what, where, when, why and how much)
Budgetary Impact:
Non-Capital Item:
____ Budgeted under account #_______________ (discussion item)
____ Not budgeted, requesting transfer of $__________ from Account #______________ to Account #_____________.
____ Not budgeted requiring increase to account #___________ in the amount of $____________.
Capital - Departmental
____ Budgeted under account #______________ for $___________ and described in budget as __________________________________.
Additional amount needed, if any: Increase in budget of $_____________ OR, transfer of $___________ from Account #____________ to Account #_______________
____ Not Budgeted - account #____________ requires budget increase of $_____________.
Capital Project - **THE PRE-PROJECT CHECKLIST AND BUDGET CHECKLIST MUST BE ATTACHED TO THIS FILE**
In current year Capital Projects Plan:
_____ Yes, planned amount $___________, requesting $_________ as total project estimate, including contingencies, under account #_________________
_____ No, requesting $___________ as total project estimate, including contingencies, under account #____________________
Body
WHEREAS, all municipalities have the authority to abate weeds under Sections 11-67-60 through 11-67-67, Code of Alabama 1975, and
WHEREAS, in reporting abatement costs, Section 11-67-26 of the Code of Alabama 1975, under Article 2 Abatement of Weeds in Class 5, Class 6 or Class 8 Municipalities, provides that the municipality must keep an account of the cost for abating or removing the nuisance but does not state what expenses can be included in the report such as total wages paid, value of the use of equipment used, advertising expenses, postage, and materials purchased, which were incurred by the municipality as a result of the work as it is stated for other Class Municipalities.
NOW THEREFORE BE IT RESOLVED that the City Council of the City of Foley, Alabama, at its regular meeting on this the 5th day of November, 2018 as follows:
That the Mayor is hereby authorized and permitted to request an opinion from the Attorney General of Alabama concerning the eligibility of weed abatement costs incurred by a Class 8 Municipality. The Mayor may ask any and all questions he has regarding this subject to the Attorney General including, but not limited to, the following:
1. What specific expenses are eligible for inclusion in the reporting of weed abatement costs incurred by a Class 8 Municipality?
2. More specifically, are advertising expenses, postage, materials, equipment costs, and employee wages (including taxes and benefits) for the administrative time as well as physical labor performed in the placement of required signage eligible as actual expenses incurred by a Class 8 Municipality for a weed abatement lien?