[0:00] say and you all will continue to hear me say this. This is good ch we are moms

[0:05] each other and glad to see each other. So that's always a good thing. So again,

[0:10] good morning to everyone. We certainly appreciate everyone being here. We

[0:14] appreciate our superintendent being here and uh we're just grateful for this day.

[0:19] So with that, I am calling the meeting to order. And at this time uh I would

[0:24] like to call on Pastor Ray Bear if he would lead us with the invocation that

[0:29] we can stand and remain standing and I will lead us with the pledge

[0:34] and mayor and those attendance. It is pleasure to fill in for Karen Ciper from

[0:40] Summer. Will you pray with me? Gracious and

[0:44] loving God, we thanks for this day and we do echo our mayor's words and our

[0:49] thankfulness for friendly chatter and the ways that we are building a

[0:53] community in this little part of the world that we call Phoenix City. We ask

[0:57] now, Lord, that as we move into a time of business and discussion, that your

[1:01] spirit would be our guide and that you would give us the wisdom to make

[1:04] decisions in accordance with your word and will. Bind us together in your holy

[1:08] love and make us one as you and the father are one. We pray all this in the

[1:13] mighty and strong name of Jesus Christ our Lord. Amen. Amen. If we can all the

[1:19] flag please. Attention. Salute. Pledge. I pledge

[1:26] algiance to the flag of the United States of America and to the republic

[1:31] for it stands one nation indivisibley

[1:36] and justice for all. Thank you, pastor.

[1:41] Will not be held against you for leaving.

[1:45] Again, we appreciate everyone. We certainly appreciate our superintendent

[1:49] being here supporting the city and we do support our super. Thank you all so very

[1:54] much for being here. With that, we'll proceed on. At this time, I'd like to

[1:58] call on Stephanie Chest and our city manager, Mr. Wallace honor to give long

[2:04] honor due for increments of 5 years of people that have given up themselves and

[2:09] folks given up their time to make uh Phoenix City a better place. So Mr.

[2:14] Chess >> thank you very much mayor. Good morning

[2:17] everybody. Good morning. >> Good morning.

[2:18] » This is a highlight for us. This is an opportunity for us to publicly thank and

[2:22] recognize our employees um for their 5year incremental service anniversaries.

[2:28] And so these are the anniversaries we have for September. With our police

[2:32] department, we have our newly appointed office manager, Yolanda Phillips. 10

[2:36] years of service. [applause]

[2:43] [clears throat] >> Morning.

[3:04] I just want to thank y'all for the opportunity. You know, being here 10

[3:06] years as a has been awesome and I'm ready for the new challenge.

[3:10] » Dude, at least 15 more. >> I got you.

[3:13] » Yeah, I like that. Thank you so much for what you do. Thanks.

[3:19] » With our code enforcement department, we have our deputy building off official,

[3:22] Richard Carlson, with 20 years of service.

[3:26] » [applause]

[3:42] » Thank you guys for opportunity to serve at least five more. At least five more.

[3:49] » Yeah, at least five.

[3:53] We have one other. It doesn't look like she was able to be here, but she's a

[3:55] very busy woman. So, Lieutenant Cassandra Bryan with the police

[4:00] department received her 10 year anniversary as well.

[4:03] » Thank you all. This this is a highlight send man started some years back, but

[4:09] you know, stated thank you are two of the most powerful words you can say when

[4:13] they done sincerely. Thank you for your service and we

[4:17] appreciate and get those years in retirement.

[4:25] » You know, a lot of these years Ricky been out for do a lot of praying for him

[4:31] back here. That's why we

[4:37] thank God for that. Thank God. God just a couple blocks on

[4:47] body shop. I'm super

[4:59] » We appreciate what you all do. We do encourage you all to get the years in.

[5:05] And for the ones that probably never heard us say that, the reason why we

[5:09] think and we feel strongly that the state of Alabama has one of the best

[5:13] challenge in the union. We truly try to encourage them to get at least 25 years

[5:19] in. So thank you all for what you do and let's just pray for a good and let's

[5:25] keep on going. All right. Thanks a little

[5:29] at this time from the city council. I'd like to call for a motion

[5:35] for the approval of the August 17, 2026 work session.

[5:41] » All right. Second. >> Motion from council day and a second

[5:45] from council member Florence. Okay. Mr. Davis.

[5:50] » Council member Day. >> Yes.

[5:52] » Council member Green. >> Council member Davy.

[5:56] » Yes. >> Council member Floyd.

[5:59] » Yes. >> Yes.

[6:00] » Thank you. >> Thank you. We proceeding on at this time

[6:04] council I'd like to ask the council for a motion for the approval of the August

[6:07] 18th 2026 regular council meeting. I have a

[6:11] motion. >> So move.

[6:13] » We have a motion council. >> Second council member.

[6:18] » Okay. Mavis. >> Council member Day.

[6:22] » Yes. >> Council member.

[6:23] » Yes. >> Council member Bailey.

[6:25] » Yes. >> Council member Florence.

[6:27] » Yes. Mayor. >> Yes.

[6:28] » Thank you. >> Thank you. None council at this time I'd

[6:32] like to ask the council is there any unfinished business.

[6:37] Okay, there's not any. We will proceed on with

[6:41] the resolutions and under administration. We have resolution

[6:44] number 2026-263 be ratified in reference to the purchase

[6:49] of a 2026 Ford transit van from Cypress Ford link for the building department in

[6:55] an amount not to exceed $51,19460.

[7:01] Mrs. states. >> Whereas under the Alabama bid law for

[7:04] public contracts, municipalities can purchase property under a state bid

[7:09] provided that the state bid so provides. And whereas the city desires to purchase

[7:14] the property here and after described on said state bid for the building

[7:18] department. Now therefore, be it resolved by the city council of the city

[7:22] of Phoenix City, Alabama, that the following shall be purchased under state

[7:26] contract, contract number 10 MA 22000 003128-10

[7:34] with optional equipment from Stoppers Lincoln in Montgomery, Alabama. The 2026

[7:40] White Transit van with optional equipment for a total cost of $51,194.60

[7:47] 66 pass approved and adopted this 19th day of August 2026 ratify this first

[7:53] date of September 2026. >> Thank you. Uh Mr. Davis council

[8:00] resolution at this time I'd like to ask for a motion to ratify.

[8:03] » Motion to ratify. >> All right. Motion from council member

[8:06] Dave. May I have a second? >> Second council.

[8:11] » Comments or discussion? >> All right.

[8:16] All the vote, Mrs. Davis. >> Council member Day,

[8:19] » yes. >> Council member Green,

[8:20] » yes. >> Council member Bailey,

[8:22] » yes. >> Council member Florence,

[8:23] » yes. >> Mayor R.

[8:24] » Yes. >> Thank you.

[8:26] » Also proceeding council on the resolution for administration is a

[8:31] resolution in reference to authorizing the mayor and city manager to enter into

[8:35] an agreement with the municipal water compensation fund incorporation, also

[8:40] known as MWC. This is stage. Whereas the city of

[8:45] Phoenix City desires to enter into a participation agreement with Municipal

[8:49] Workers Compensation Fund, Inc. W MWCF for the purposes of providing statutory

[8:55] benefits as prescribed by the Alabama workers compensation law for the

[8:59] employees of the city. And whereas the city council has reviewed said

[9:03] participation agreement between the city of Phoenix City and Municipal Workers

[9:07] Compensation Fund, Inc. to define the terms and conditions of coverage and

[9:12] billing and fines dis necessary for operations. Now therefore, be it

[9:17] resolved that the city council of the city of Mini City, Alabama does hereby

[9:20] authorize the mayor and city manager to sign the participation agreement with

[9:24] the municipal workers compensation fund, Inc. in accordance with terms and

[9:29] conditions as outlined in the agreement. Pass approved and adopted this first day

[9:34] of September 2026. >> Okay. Thank you again, Mrs. Davies.

[9:38] Council, we've heard the resolution. At this time, I'd like to ask council for a

[9:42] motion. >> Motion to approve.

[9:44] » All right, we have a motion from council member Lawrence. May I have a second?

[9:48] » Second. >> Second. Council member Green.

[9:52] Comments of discussion.

[10:06] Can't do it. At this time, council would like to call

[10:10] for the vote. Mrs. Davis. >> Council member Day.

[10:13] » Yes. >> Council member Brain.

[10:15] » Yes. Council member Bailey. >> Yes. Council member Florence.

[10:18] » Yes. Mayor Le. >> Yes.

[10:19] » Thank you. Also, council procedure non is a

[10:24] resolution in reference to authorizing and directing the mayor, city manager,

[10:27] and police chief to make application to Edward Burn Memorial Justice Assistant

[10:32] Gran, also known as JAG program for this year 2026 local form of

[10:40] solicitation. Mrs. Thank you. >> We're at the United States Federal

[10:45] Government Bureau of Justice Assistance through the Edward Burn Memorial Justice

[10:49] Assistant Grant J program. This school year 2026 local formula solicitation

[10:55] under the omnibus crime control and safe streets act of 1986.

[11:01] PL 90-351 as amended and other appropriate federal laws have been made

[11:06] available. $31,39 in funds for local solicitation. And

[11:12] whereas Phoenix City Police Department here in referred to as applicant is of

[11:17] the opinion that it would be beneficial to make application for such assistance.

[11:22] And whereas said applicant agrees to be accountable for providing the cash match

[11:26] toward the total cost of said project. Now therefore, be it resolved by the

[11:31] city council of the city of Phoenix City, Alabama, that the mayor and city

[11:35] manager as authorizing officials and Joseph K. Wrick as chief of police are

[11:40] hereby authorized and directed to make application to the Bureau of Justice

[11:45] Assistant Edward Burn Grant for said financial assistance. Pass, approve and

[11:50] adopt this first day of September, 2026. >> Thank you for reading the resolution

[11:55] which council we have all heard. At this time, I'd like to ask the council for a

[11:59] motion. >> Motion to approve.

[12:01] » Second. >> Motion from council day. Second from

[12:05] councilman. >> Comments or discussion?

[12:09] » May we ask um chief bar to please speak to some of the uses for the bank fund if

[12:14] awarded. >> We're still [clears throat] in the early

[12:17] process of looking at what we're going to spend the funds on. Of course, we'll

[12:20] have a public hearing as well. We probably get input if they have any

[12:23] suggestions on what to spend it on. We do have a few um few items we're looking

[12:28] at right now. Uh specifically some some equipment for our our hazardous respon

[12:34] hazardous response team member X-ray machine for hazardous devices.

[12:41] » Thank you. >> Do we split I mean do we split the

[12:45] dollars across the county? >> We do. We rotate every other year with

[12:49] the county. So this is our year. If you remember, we just had the 2025 come

[12:53] through because when the government was shut down, that grant was delayed. So,

[12:57] they're kind of back to back right now. So, this one's actually in the city.

[13:00] » Okay. Thank you. >> Thank you, Chief. Good job. We

[13:04] appreciate it. Thank you, Mr. Sp. Any other comments or discussion? All right.

[13:10] At this time, call for the vote. Mrs. Davis.

[13:13] » Council member Denny, >> yes.

[13:14] » Council member Green, >> yes.

[13:15] » Council member Bailey, >> yes.

[13:17] » Council member Barnes, >> yes. Mayor Lo,

[13:19] » yes. Thank you. >> And council also proceeded under

[13:23] administration is a resolution in reference to the satisfaction of the

[13:27] special assessment on property located at 10131 15th Avenue property home

[13:33] assembly Griffin Wiggins. Attention Messen B. Wiggins. [clears throat]

[13:38] is sustained. >> Whereas resolution number 2021-268

[13:42] adopted on the 7th day of December 2021 a fix the cost for the demolition of an

[13:48] unsafe structure at 101315th Avenue Phoenix City, Alabama being Lucend

[13:54] Lucinda Griffin Wiggins. Attention Vincent B. Wiggins. A special assessment

[14:00] was filed against the property taxes in the amount of $8,100

[14:04] to be collected by the Russell County Revenue Commissioner said special

[14:08] assessment having been recorded in volume 145 page 72 in the office of the

[14:14] judge of probate of Russell County. And whereas the full amount of $10,570.50

[14:22] $8,100 plus interest of $2,470.50 50 cents was paid to the city of Phoenix

[14:28] City on August 11, 2026 and said special assessment is entitled to be removed.

[14:34] Now therefore be it resolved that the city council of the city of Phoenix

[14:37] City, Alabama does hereby constitute and appoint the judge of probate of Russell

[14:42] County, Alabama as its true and lawful attorney for and in its name to enter in

[14:48] the margin of the records where said special assessment is reported full

[14:52] satisfaction thereof hereby ratifying and confirming any and all acts of said

[14:58] attorney in fact in and about said premises. Be it further resolved that a

[15:02] certified copy of this resolution be forwarded to the revenue commissioner of

[15:06] Russell County to release said special assessment placed on property. Pass,

[15:10] approved, and adopted this first day of September 2026.

[15:14] » Thank you, Mr. Davis. Council, we've heard the resolution reading of the

[15:19] resolution, Mrs. Davis. At this time, I'd like to ask for a motion.

[15:24] » Motion to approve. >> All right. Motion council member Green.

[15:27] That's a second. Council member Holmes. >> Yes. Yeah, Mrs. Davis.

[15:32] » Yes, sir. >> Okay. Any comments or discussion?

[15:36] Okay. Mrs. Davis. >> Council member Dav.

[15:40] » Yes. >> Council member Green.

[15:41] » Yes. Council member Bailey. >> Yes.

[15:43] » Council member Florence. >> Yes. Mayor Lawson.

[15:45] » Yes. >> Thank you.

[15:47] » Proceeding on council on the public building, excuse me, on the building

[15:51] department. We have a public hearing in approval of four resolutions in

[15:55] reference to the fixing of costs incurred by the city of Penn City for

[15:59] the removal of substandard structures in the establishment of special assessments

[16:03] on properties located 823 and 1213th Court 604 Dillingham

[16:10] Street 518 111 Avenue South 816th Street. Council, at this time I would

[16:19] like to prepare this as a public hearing. And if there's anyone that

[16:23] would love to come and address this council in reference to these fixing the

[16:27] cost, now's the time to do so.

[16:32] Okay. Seeing that no one has stepped forward, I am closing this public

[16:37] hearing at this time counsel to the fact that this we read at the last meeting. I

[16:43] would like to ask for a motion for the approval of these resolutions. All

[16:47] proportion at this time. >> Okay. We have a motion from council B.

[16:51] May I have a second? Start. Second. Council B.

[16:54] » Okay. Mrs. Davis. >> Council member Day.

[16:57] » Yes. >> Council member Green.

[16:58] » Yes. >> Council member Bailey.

[17:00] » Yes. >> Council member Florence.

[17:02] » Yes. >> Mayor L.

[17:03] » Yes. >> Thank you.

[17:04] » Thank you. Proceeding on the engineering department. Council, we have a

[17:09] resolution in reference to purchasing pipe treker a 2000, excuse me, 200 eggs

[17:14] pipe crawler robot package from the source web vendor from deep treker

[17:21] incorporation in an amount not to exceed $85,45.38.

[17:28] Mrs. stages. >> Whereas under the Alabama bid law for

[17:32] public contracts, municipalities can purchase property resource well

[17:36] contracts. And we're asked city of Phoenix City desires to purchase the

[17:39] pipe treker A200X pipe crawler robot package here and after described

[17:45] resource well contract 011223-k

[17:50] for the in I'm sorry for the in engineering public works departments to

[17:55] inspect city storm water infrastructure. Now therefore be it resolved by the city

[18:00] council of the city of Phoenix City, Alabama that one one pipe trekger A200X

[18:06] pipe crawler robotic package be purchased with resource well contract

[18:11] number 011 223-d in the amount of $85,45.38.

[18:19] Pass approved and adopted this first day of September 2026.

[18:23] » That's the time push standard.

[18:27] Very good. Council, we have all heard the resolution from city clerk. At this

[18:33] time, I'd like to ask this council for a motion.

[18:37] » So move. >> Motion from council member dream and

[18:40] have a second. >> Second.

[18:41] » Second from councilman B. Comments or discussion?

[18:46] Mrs. Davis. >> Council member Day.

[18:48] » Yes. >> Council member Green.

[18:50] » Yes. >> Council member Bailey.

[18:51] » Yes. Council member Florence. >> Yes. Mayor,

[18:54] » yes. Thank you. Thank you. Seeing non council on the utilities [clears throat]

[18:58] department. There's a resolution in reference to

[19:01] declaring the installation of the insert valves on the broad street water man in

[19:07] emergency and authorizing and directing the mayor and city manager to hire and

[19:11] pay for a field on the ground for said installation in an amount not to exceed

[19:16] $52,780.

[19:20] Mrs. Whereas a water leak has to be repaired

[19:24] on the 10-in water man along Broad Street where it crosses Bill Creek and

[19:28] whereas water man has become exposed where it crosses Bill Creek making it

[19:33] more susceptible to damage and whereas said ve has leaked and been repaired

[19:38] with clamps more than once and whereas said vein is leaking again where a

[19:43] previous repair clamp was replaced I'm sorry was placed and whereas said mane

[19:48] needs to be replaced as expeditiously as possible to ensure public safety. And

[19:54] whereas valves need to be inserted in the existing border manual north and

[19:59] south of the section to be replaced crossing said creek. And whereas the

[20:03] city received a proposal from Barfield Underground for installing 2in insert

[20:09] valves at an estimated cost of $52,780. Now therefore be it resolved that the

[20:16] city council of the city of Phoenix City, Alabama hereby declares the

[20:20] installation of said insert vows on the Broad Street water main and in emergency

[20:25] and authorizes and directs the mayor and city manager to hire and pay airfield

[20:29] underground the estimated amount of $52,780

[20:35] for said installations. Pass, approve, and adopt this first day of September

[20:39] 2026. >> Thank you for reading the resolution. Uh

[20:42] Mrs. Davis council, you heard. At this time, I'd like to ask the council for a

[20:47] motion. >> Motion to approve.

[20:48] » All right, we have a motion from council member D. May I have a second? Sir,

[20:53] » second from council baby. Okay, have a motion. We have a second.

[20:58] Any comments or discussion? Council mayor, I noticed

[21:03] more than once. The first time it was done, work was done. Uh, did we get some

[21:09] guarantee on it? How long? Excuse

[21:21] me. >> Your question was about you said replace

[21:29] the first time you was asking. >> Oh, okay.

[21:34] I'm sorry. I got replaced. Okay. Okay.

[21:41] But this is an actual replacement for the clan.

[21:44] » This is not these are valves to be installed to isolate that water.

[21:50] » So they can't be either repaired or replaced without the water continually

[21:54] flowing. >> So this something like a new job work.

[22:00] » It's to install valves on the water so that we can isolate the water and

[22:04] hopefully not have anybody's water. We got to get these valves in once we turn

[22:10] off. Then we can see what the pressure is like after the valves are off. See if

[22:14] everybody's got good pressure. That's that's the hole. So if that's the case,

[22:18] then it gives us more time to get it replaced.

[22:22] » Okay. >> Get in there and turn the valve off.

[22:24] People don't have water. Hurry.

[22:32] Thank you. >> Thank you, John.

[22:37] Thank you. >> Basically, [clears throat] so we wanted

[22:39] to put this back so we can get a good understanding. John, this is going to

[22:44] lead to a deeper detail

[22:48] repair or replacement of that pipe. >> Just going to make sure the citizens

[22:52] have the water there to isolate it. But when he come back when he come back

[22:58] the cost

[23:03] you know the system that's correct

[23:09] » thank you we appreciate you >> any other comments discussion not

[23:17] council at this time I'd like to call for the vote Mrs. states.

[23:20] » Council member Dan, yes. >> Council member Green,

[23:22] » yes. >> Council member Bailey,

[23:24] » yes. >> Council member Florence,

[23:25] » yes. >> Mayor L.

[23:26] » Yes. >> Thank you. CN council on the utilities

[23:29] department as a resolution in reference to declaring the cleaning bypass popping

[23:34] and process startup of equipment at the wastewater treatment plant in emergency

[23:40] and authorizing and directing the mayor city manager to pay DIV46

[23:45] LLC for set services in an amount not to

[23:49] exceed $32,800. Mrs. Thanks.

[23:53] » Whereas the city of Phoenix City operates a wastewater treatment plant

[23:56] which receives influence from the wastewater collection system at the

[24:00] headworks of the plant. And whereas the screw pumps, root system, and primary

[24:05] clarifiers needed to be put back in service as soon as possible. And whereas

[24:10] brick, trash, and debris accumulated in the headworks, which could cause

[24:15] problems with other equipment in the plant, and the sewage in the headworks

[24:19] became septic, which would be harmful to the bacteria in the plant, which helped

[24:24] treat the sewage. And whereas this grid, trash, debris, and septic material

[24:29] needed to be removed to protect the plant's biological processes and

[24:33] equipment, including the screw pumps and primary clarifiers. And whereas

[24:38] emergency cleaning services and pump bypass were required to remove said

[24:43] grit, trash, debris, and septic material as soon as possible to get the screw

[24:48] pumps, brick system, and primary clarifiers back to surface. And whereas

[24:53] professional services were needed to assist with the cleaning of the head

[24:56] works, bypass pumping, and placing the screw pump, rig system, and primary

[25:02] clarifiers back in service. And whereas DIB46

[25:08] or DI 46 LLC was hired to provide said professional services at a cost of

[25:15] $32,800. Now therefore be it resolved that the

[25:19] city council of the city of Phoenix City, Alabama does hereby declare the

[25:23] professional services to assist with the affformentioned cleaning [clears throat]

[25:27] bypass pump company and process starting startup and emergency and authorizes and

[25:33] direct the mayor city renter to pay46 LLC for said services in the amount of

[25:40] $32,800. Pass approved adopted this first day of

[25:44] September 2026. Thank you again for reading the resolution. Mrs. Davis

[25:49] Council America resolution at this time. I'd like to ask for a motion, please.

[25:53] » Motion to approve. >> Motion second

[25:56] » from Council Member Green and a second from Council Member. Any comments or

[26:00] discussion? >> Okay, Mr. B.

[26:04] » Council member Day. >> Yes.

[26:06] » Council member Green. >> Yes. Council member Bailey.

[26:09] » Yes. >> Council member, yes. Mayor,

[26:12] » yes. >> Thank you. See on the council. Next is

[26:15] ordinance. We do have a public hearing and second

[26:19] reading. It's an ordinance to amend the zoning

[26:23] ordinance of the city of Penny City, Alabama, article 5, non-residential and

[26:28] mixed use district section 5.03.02,

[26:34] table 5-1 conventional regulation of non-residential districts in the C4

[26:40] highway commercial district maximum building area. Uh we did have the first

[26:45] reading on the July the 21st. Uh we would not ask the

[26:51] clerk to reread read this. However, at this time, council, I'd like to open

[26:56] this up for public hearing for anyone who would like to come and address the

[27:00] council in reference uh for this uh ordinance zoning.

[27:09] Round up. >> Yes, sir.

[27:12] » I didn't put forward any any other person before I

[27:17] no one. Okay, go ahead. I I just wanted to re reiterate what we're why we're

[27:22] doing this is that we met with some contractors

[27:27] or developers that were looking to develop in the city and um we found that

[27:35] our maximum building area, our C4 zone was only a 25%

[27:41] which kind of gives us a disadvantage when we're trying to recruit um you know

[27:46] potential developers and all. So this will increase our our maximum building

[27:51] area 50%. Puts us in line with the surrounding

[27:55] areas to give us a little bit better you know a better way to stand out when

[28:00] we're trying to improve conditions and all that allow them to to utilize a

[28:05] little bit more space than what I think would be allowed otherwise.

[28:10] » Okay. It's a good thing. >> Mhm.

[28:13] » Other words, what you're saying is they'll be able to put the property that

[28:17] they buy better use by building on it maybe rather than putting a parking lot

[28:22] or something on. >> Yes, sir. It gives them a little bit

[28:25] more building area to allow better use of the property and and not restrict on

[28:31] some some that may come >> actually help them to have develop it

[28:36] easier and a little bit cheaper by not having to buy much property. Yes. put

[28:40] the same size building on as they did before.

[28:43] » Yes. >> Okay. Makes good sense to me.

[28:46] » Thank you. >> Thank y'all.

[28:51] Now, um that was just an explanation. So again, if there's anyone that would like

[28:56] to come and address counsel, since we do not have anyone, I am closing this

[29:02] public hearing. And at this time, council, I would like to ask for a

[29:06] motion. >> Motion to approve the public hearing.

[29:08] » All right. Motion. >> Council Davis sat. Council member Fus.

[29:17] » Council member Day. >> Yes.

[29:20] » Council member Green. >> Yes.

[29:22] » Council member Bailey. >> Yes.

[29:23] » Council member Florence. T mayor. >> Yes.

[29:26] » Thank you. >> Seeing none council on the ordinance.

[29:30] We also have an ordinance to annex 0.12 plus minus acres of land line in section

[29:37] 28 township 18 north range 30 east county Alabama into an R2 zone which is

[29:44] a medium density residential district located at 2060 Lee Road 427 Piers Road

[29:52] in 5302 Wilma Avenue Penny City Alabama. James Hall is the owner. You also had

[29:59] the first reading of this on July the 21st of this year. I am not going to ask

[30:04] the clerk to reread. However, at this time, I would like to declare it as a

[30:09] public hearing to open up as a public hearing and if there's anyone that would

[30:13] like to come to address council in reference to the annexation, now is the

[30:18] time to do so. >> Okay.

[30:23] » Okay. This is an explanation also. >> Yes. Okay.

[30:27] » Yeah. I'd just like to uh just give some clarification because it may seem in

[30:32] some respects that city may be contradictory in this where the decision

[30:36] is made. Uh so generally speaking, so this owner came to the city and he's

[30:41] doing a reclap where he wants to take a piece of a parcel that's outside the

[30:45] city which will be the parall there. He owns both properties, one on

[30:51] Pierce Road, which is not in the city. He owns the property on Wilma Avenue

[30:55] which is in the city. So he wants to take that piece of property where it has

[30:59] that accessory structure and combine it with the parcel that's in the city. Now

[31:05] generally speaking, we've been trying to clean up our city limits lines to be

[31:09] consistent so we don't have irregularities in our city limit lines.

[31:13] So that we have approved several annexations because of that. But in this

[31:18] instance uh when we did uh renewed our u our moratorum on annexations, we also

[31:26] put in some caveats in there related to public safety, different reasons that we

[31:30] can and cannot we can approve or deny things being annexed. And in this

[31:36] instance and the chief may want to elaborate some more on the reasons why,

[31:40] but we had some public safety issues that came up regarding this accessory

[31:44] structure. So, like I like I said, I wanted to explain because we have

[31:49] approved some annexations because we wanted to clean up lines, but in this

[31:54] instance, we had some other issues come up and I'll let you.

[31:58] » Okay. >> Thank you, Chris.

[31:59] » Yes, sir. >> Yeah. And like what Chris is referring

[32:03] to, in some of those instances, a piece of the property that the city limits

[32:09] fund went straight through the property. So, in those respects, I didn't have an

[32:13] issue. um with annexing this particular I still respectfully request that this

[32:18] annexation be denied and moratorum stay in place because um we're taking just a

[32:24] piece of that property and we're adding to

[32:28] the same issues that we have in Wilma Avenue where the fire hydrants are an

[32:32] excessive amount of um distance from the structures. Um, if he's not going to

[32:38] annex in the entire piece to eliminate spot annexation, I'm still against that.

[32:46] » I may be overruled. >> And when you're saying a full piece of

[32:49] property, what what part of >> Well, he owns

[32:52] » I know he owns everything else that's in the city, correct?

[32:56] » Well, he owns like 230 that's out of the city as well.

[33:01] » So, he's only want to bring part of what he owns outside the city into the city.

[33:04] And see, that's the part I didn't understand.

[33:06] » Correct. That's right. >> Yes, sir. That's right.

[33:08] » So, has it been communicated to him >> as far as information?

[33:12] » Yes, sir. I believe that has been communicated to

[33:14] » Well, I know the planning commission they talked to about possibly have to

[33:17] put in fire and all that cuz my question was leading up to this. We're already

[33:22] responsible for what's on. >> That's right.

[33:25] » So, if all we were going to put in would be if you are responsible for everybody

[33:29] from Mr. Hunter Green, the only one left to protect is

[33:34] right there on the end. >> Yes, sir. you've already got 95% of

[33:37] everything covered. A little bit more really should not matter. But if he's

[33:42] only putting in there again part of what's not in the city and keeping out

[33:47] some of what's not in the city to keep from having to do the other that makes a

[33:50] little more sense, >> but I'm still

[33:54] understanding that we responsible for what's already there. Now, I know that

[33:57] that's >> we are

[33:58] » we responsible, but I know we didn't make that decision to make us

[34:01] responsible. That was done a long time ago. probably wasn't brought brought

[34:05] through with, you know, very much thinking, but

[34:09] » and I know what you're trying to do now. You're trying to get the pull us back

[34:12] ahead of the cart. >> As much as people are trying to clean

[34:15] the line, right? I'm doing the same. >> And you have to do the same thing with

[34:18] the fire department. You have to take care of what y'all have to do. Yes. And

[34:21] that's exactly right. You're trying to put the cart back behind the horse and

[34:25] getting the horse in front rather than chasing the car down. So, you're doing

[34:28] right. Yeah. You're not you're not wrong.

[34:31] » Yeah. road doesn't meet the requirements as it is now for us that you would be

[34:35] able to get up in there. >> That's what I'm saying. It made it that

[34:37] much still going to be hard when y'all have to do your job.

[34:41] » That that you know that's uh already there. But that was the part I didn't

[34:46] understand. And that makes a little more sense. Like you said, if you're not

[34:50] willing to put all of it in and maybe come to some kind of terms of having to

[34:54] make an adjustment with the city of where everything can be done better

[34:58] because I own all the stuff, I certainly want y'all to be able to put it catch

[35:02] fire. >> And he said he understood he understood

[35:05] all of that as well. But um there was no discussion about adding the fire.

[35:09] » That's what I'm saying. And was there any discussion or

[35:13] information as to why the entire property was not being requested to be

[35:17] annexed? >> No ma'am.

[35:19] » There was not an answer given as not to me anyway the engineer department

[35:27] to me on that. He was his we communicated two issues to

[35:32] him prior to one was about uh not proper fire protection with regards to access

[35:40] and but also two that was spotted annexation involved. So he was

[35:45] communicating those issues and the only the only discussions that were had about

[35:53] discuss what my or why not that's a bunch of problem. So just

[36:01] » okay >> thank you for all

[36:04] » taking your time to look at that and taking your time to make sure

[36:08] » that it was done correctly. Thank you for that.

[36:13] Now still this public hearing is open because there was a explanation.

[36:19] So since no one has stepped forward I am now closing

[36:23] um this public hearing and at this time council I'd like to ask for a motion.

[36:31] May I have a motion? >> Motion to deny.

[36:35] » Okay. >> A second. We have a motion to deny

[36:39] council member B and a second by council member Green. On the right have that

[36:45] Mrs. Davis. >> Yes, sir.

[36:46] » At this time, council like to call on the vote.

[36:50] » Mrs. Davis. >> Council member Day.

[36:52] » Yes. >> Council member Green.

[36:53] » Yes. >> Council member Bailey.

[36:55] » Yes. >> Council member Florence.

[36:56] » Yes. >> Mayor Low.

[36:57] » Yes. >> Thank you.

[36:58] » Thank you. Proceeding on council. This is a second reading.

[37:04] It's an ordinance to amend section 4.16- C of the merit system rules and

[37:09] regulation of the city of Ky City, Alabama. Uh the first reading uh council

[37:14] was on the 18th of August. I'm not going to ask the clerk to reread his

[37:19] ordinance, but however, at this time, I'd like to call for a motion, please.

[37:23] May I have a motion? >> Approve.

[37:25] » Motion, Council Member Green, second council member.

[37:29] Okay. Comments discussed. All right. Mrs. Davis.

[37:35] » Council member D. >> Yes.

[37:36] » Council member Green. >> Yes.

[37:38] » Council member Bailey. >> Yes.

[37:39] » Council member Florence. >> Yes. Mayor Law.

[37:41] » Yes. >> Thank you.

[37:43] » Also, council proceeding on the second reading is an ordinance to amend section

[37:47] 9.01 of the mayor system rules and regulations of the city of Phoenix City,

[37:52] Alabama. Also, this first reading was on the 18th of August. Not going to ask the

[37:57] clerk to reread it. However, at this time, I'd like to ask this council for a

[38:02] motion, please. Motion to approve. >> Motion from council member Lawrence. May

[38:05] I have a second? >> Second. Council member K. Comments for

[38:09] discussion. >> All right. Mrs. Davis.

[38:13] » Council member Day. >> Yes.

[38:14] » Council member Green. >> Yes.

[38:16] » Council member Bailey. >> Yes.

[38:17] » Council member K. >> Yes. Mayor Lo.

[38:19] » Yes. >> Thank you.

[38:22] » Seeing on council, I'm in first reading. We have an ordinance to amend the code

[38:26] of ordinance of the city of the city of Alabama. Chapter 38, Health Article 2,

[38:32] Smoking in Public Places, Section 38-21, Definition.

[38:39] Mrs. Thanks.

[38:44] » An ordinance to amend ordinance number 20835

[38:50] relating to the code of ordinances of the city of Phoenix City, Alabama.

[38:55] Chapter 38, smoking in holy places. Be it ordained by the city council of the

[39:02] city of Phoenix City, Alabama. that chapter 38 of the code of ordinances of

[39:08] the city of Phoenix City, Alabama, article 2, smoking in workplaces and

[39:13] public places, section 38 to 21 definitions is hereby amended as

[39:19] follows. Article 2, smoking in workplaces and public places, sect 38 to

[39:27] 21, definitions. The following words and phrases whenever used in this article

[39:33] shall have the meanings ascribed to them in this section except where the context

[39:37] clearly indicates a different meaning. A bar means an establishment that is

[39:43] devoted to the serving of alcoholic beverages for consumption by guests on

[39:47] the premises and in which the serving of food is only incidental to the

[39:52] consumption of those beverages including but not limited to taverns, nightclubs,

[39:57] lounges and cafes. B business means a sole proprietorship, partnership, joint

[40:04] venture, corporation, other business entity, either for-profit or not

[40:10] for-profit including retail establishments where goods or services

[40:14] are sold. Professional corporations and other entities where legal, medical,

[40:19] dental, engineering, architectural or other professional services are

[40:24] delivered and private clubs. C. City means city of Phoenix city and police

[40:30] jurisdiction. D. City council means city council of the city of Phoenix city.

[40:37] Employee means a person who is employed by an

[40:41] employer in consideration for direct or indirect monetary wages or profit and a

[40:47] [clears throat] person who volunteers his or her services for a nonprofit

[40:51] entity. F employer means a person, business, partnership, association,

[40:58] corporation, including a municipal corporation, trust or nonprofit entity

[41:04] that employs the services of one or more individual persons. G enclosed area

[41:10] means all space between a floor and ceiling that is enclosed on all sides by

[41:15] solid walls or windows which extend from the floor to the ceiling. H health care

[41:21] facility means an office or institution providing care or treatment of one

[41:26] diseases whether physical, mental or emotional or other medical,

[41:32] physiological or psychological conditions including but not limited to

[41:39] hospitals, rehabilitation hospitals or other clinics including weight control

[41:44] clinics, nursing homes, homes for the aging or chronically ill laboratories.

[41:49] and offices of surgeons, chiropractors, physical therapists, physicians,

[41:54] dentists, and all specialists within these professions. This definition shall

[42:00] include all waiting rooms, hallways, private rooms, semi-private rooms, and

[42:05] wards within healthcare facilities. I place of employment means any area under

[42:11] the control of a public or private employer that employees normally

[42:15] frequent during the course of employment including but not limited to work areas,

[42:21] employee lounges, restrooms, conference rooms, meeting rooms, classrooms,

[42:26] employee cafeterias, hallways, and vehicles. A private residence is not a

[42:31] place of employment unless it is used as a child care, adult daycare or

[42:37] healthcare facility. J private club means an organization whether

[42:43] incorporated or not which is the owner lei or occupant of a building or portion

[42:49] thereof used exclusively for club purposes at all times which is operated

[42:55] solely for a recreational fraternal, social, patriotic, political, benevolent

[43:01] or athletic purpose but not for peer gain and which only sells alcoholic

[43:06] beverages incidental to its operation. The affairs and management of the

[43:11] organization are conducted by a board of directors, the executive committee or

[43:15] similar body chosen by the members at an annual meeting. The organization has

[43:20] established by laws and or a constitution to govern its activities.

[43:25] The organization has been granted an exemption from the payment of federal

[43:29] income tax as a club under 26 USC section 5001 K. Public place means an

[43:37] enclosed area to which the public is invited or in which the public is

[43:42] permitted, including but not limited to banks, bars, educational facilities,

[43:53] healthc care facilities, hotel and motel lobbies, laundromats, public

[44:00] transportation facilities, reception areas, restaurants, retail food

[44:04] production, and marketing establishments, retail service

[44:08] establishments, retail stores, shopping malls, sports arenas, theaters, and

[44:13] waiting rooms. A private club is a public place when being used for a

[44:18] function to which the general public is invited. A private residence is not a

[44:23] public place unless it is used as a child care, adult daycare, or healthcare

[44:29] facility. L restaurants means an eating establishment including but not limited

[44:35] to coffee shops, cafeterias, sandwich stands and private and public school

[44:41] cafeterias which gives or offers for sale food to the public guests or

[44:46] employees as well as kitchens and catering facilities in which food is

[44:50] prepared on the premises for serving elsewhere. The term restaurant shall

[44:55] include a bar area within the restaurant. M retail tobacco store means

[45:01] a retail store utilized primarily for the sale of tobacco products and

[45:05] accessories and in which the sale of other products is merely incidental. N

[45:11] service line means an indoor line in which one or more persons are waiting

[45:16] for or receiving service of any kind whether or not the service invol

[45:27] service line means an indoor line in which one or more persons are waiting

[45:32] for or receiving service of any kind whether or not the service invol

[45:40] Shopping mall means an enclosed public walkway or hall area that serves to

[45:45] connect retail or professional establishments. P smoking means

[45:51] inhaling. Exhaling, burning or carrying any lighted cigar, cigarette, pipe, or

[45:58] other lighted tobacco product in any manner or in any form. and the use of an

[46:04] electronic nine delivery system that uses a battery and heating element in

[46:09] combination with an e-liquid or tomato or substitutes thereof to produce a

[46:15] vapor that delivers nicotine or other substances to the individual inhaling

[46:21] from the device to simulate smoking and includes but is not limited to

[46:26] electronic cigarette, electronic cigars, electronic cigar pillows, electronic

[46:31] pipes, electronic hookas, vape pens, vape tools, vaping devices, or any

[46:37] variation of these terms. Q sports arena means sports pavilions, stadiums,

[46:44] gymnasiums, health spots, boxing arenas, swimming pools, roller and ice rinks,

[46:50] bowling alleys, and other similar places where members of the general public

[46:54] assemble to engage in physical exercise, participate in athletic competition, or

[46:59] witness sports or other events. The changes defined herein shall become

[47:03] effective October 1st, 2026. The provisions of this ordinance are

[47:08] separable. If any session, subsection or provision of this ordinance be for any

[47:14] reason declared void or invalid, such invalid shall not affect any other

[47:19] session, subsection or provisions of this ordinance.

[47:29] Council, we've heard the first reading of the ordinance amended.

[47:36] At this time, I'd like to ask for a motion to place on the first

[47:40] » read. All right.

[47:44] Councilman D. Second. Council member comments on discussion.

[47:50] Okay. Mrs. Davis. >> Council member Day.

[47:52] » Yes. >> Council member Green.

[47:54] » Yes. Council member Bailey. >> Yes.

[47:56] » Council member K. Yes. May. Yes. >> Okay.

[48:00] » Also, first reading council is an ordinance granting a non-exclusive

[48:03] franchise to Troy Kvision incorporation for the purpose of constructing and

[48:09] maintaining fiber optic infrastructure network within the public rightways

[48:13] within the city and city is

[48:24] an ordinance renting a non-exclusive franchise to Troy Cable Vision I

[48:32] ordinance renting a non-exclusive franchise to Troy Cable Vision IC

[48:39] DBA Ceasefire it successors and designs for the purpose of constructing and

[48:44] maintaining a fiber optic infrastructure network within the public reservway

[48:47] within city of Phoenix city Alabama resides whereas the city of Phoenix city

[48:55] Alabama has jurisdiction over the use of public right away in the city in which

[48:59] it now or hereafter holds any property interest including but not limited to

[49:04] public streets, roadways, highways, bridges, land paths, boulevards, alleys,

[49:11] lanes, alleys, sidewalks, circles, drives, public, public utility,

[49:16] dedicated utility strips and dedicated or compatible uses now or after city and

[49:23] whereas the designs to construct, install, maintain maintain, operate, and

[49:29] control a fiber optic infrastructure network in public right away for the

[49:32] purpose of offering communication services including broadband internet

[49:36] access service as defined in 47 CFR section 8.1 and voiceover internet

[49:42] protocol services.

[50:07] But excluding multi- channeling services over a cable system that would be

[50:11] subject to a cable franchise to residents and businesses in municing

[50:16] services over a cable system that would be subject to a cable franchise to

[50:20] residents and businesses in municipality and whereas the franchisee has requested

[50:25] a franchise from the city in order to construct and maintain a fire optic

[50:29] infrastructure network within minutes of the city. And whereas the city council

[50:34] wishes to accommodate franchises request and grant a franchise to allow

[50:38] franchisee to construct and maintain a firearm infrastructure network in

[50:42] accordance with the terms and conditions contained here. Now therefore be the

[50:46] ordained by the city council of the city of Phoenix city Alabama as follows.

[50:51] Defined terms A. Broad services means the transmission of immigration using

[50:56] optical fiber. B city means the city of Phoenix city Alabama. Code means the

[51:03] city of Phoenix city Alabama municipal code of ordinances as may from time to

[51:07] time be amended. D franchisee means Detroit incired and its focus and its

[51:14] successors in science. E governing body or city council means the city council

[51:19] of the city of Phoenix city, Alabama. F gross revenues means all local revenue

[51:24] in what letter form and from all sources determined in accordance with generally

[51:29] accepted accounting principles that is received or approved by franchisee from

[51:33] a franchisees provision of profit services within the city with a

[51:36] deduction for franchises uncolcted accounts but without deduction for

[51:40] operating expenses or any other expenditure not withstanding the

[51:45] foregoing gross revenue shall not include in any taxes on services

[51:50] that areosed by any city, state or other government unit and collected by

[51:54] franchisee for such government unit. G network facilities means equipment and

[51:59] facilities that may include fiber optic cables, lines, wires or strips. Concret

[52:05] vaults, accessles and handles, electronic equipment, power generators,

[52:09] batteries, pedestals, boxes, cabinets, vaults and other similar facilities. H

[52:15] person means any natural or corporate person, business association or other

[52:19] business entity including but not limited to a partnership, sle

[52:23] proprietorship, political subdivision, public or private agency of any kind,

[52:27] utility, successor or assign of any other foregoing or any other legal

[52:31] entity. Use fee means the fee paid by franchisee to the city for locating,

[52:36] maintaining and operating network facilities in the public right of way.

[52:40] Agreement in consideration of the mutual promises made below municipality and

[52:45] franchisee agree as follows. One permission to use and occupy 1.1

[52:52] permission to use and occupy public rightway. Municipality grants franchisee

[52:56] permission to use and occupy the public rideway for the purpose of constructing,

[53:01] installing, repairing, maintaining, operating and if necessary removing the

[53:06] network and the related network facilities. This agreement and the

[53:09] license do not authorize franchisee to use any property other than the public

[53:14] right way. As of herein franchisees use of any other municipality property

[53:19] including poles and conduits will be subject to mutual agreement governed

[53:23] under a separate written agreement regarding that use. 1.2 subject to state

[53:27] of Alabama and local law.

[53:52] This agreement and the license are subject to municipalities valid

[53:55] authority under the state of Alabama and local laws. This disagreement and the

[54:00] license are subject to municipalities valid authority under the state of

[54:03] Alabama and local laws as they exist now or may be amended from time to time and

[54:09] subject to additions set forth in this 1.3 subject to municipalities right to

[54:16] use public rideway. This agreement and the license are subject and subordinate

[54:20] to municipalities prior and continuing right to use the public rightway

[54:24] including constructing, installing, operating, maintaining, repairing or

[54:30] removing sewers, water pipes, storm drains, gas pipes, utility poles,

[54:34] overhead and underground electric lines and related facilities and other public

[54:38] utility and municipal uses. 1.4 Subject to pre-existing property interests.

[54:44] Municipalities grant of a license is subject to all valid pre-existing

[54:48] easements, restrictions, conditions, covenants, incumbrances, claims of title

[54:52] or other property interests that may affect the public right of life.

[54:55] Franchisee will obtain at its own cost and expense any permission or rights as

[54:59] may be necessary to accommodate such pre-existing property interests.

[55:25] No grant of property interest. The license does not grant or convey any

[55:30] property interest. 1.6. Non-exclusive. The rights granted to franchisee

[55:35] pursuant to this agreement are non-exclusive. Municipality expressly

[55:39] reserves the right to grant licenses, permits, franchises, privileges or other

[55:43] rights to any other person as well as the right to its own as a municipality

[55:48] to use the public right away for similar or different purposes allow franchisee

[55:51] under this agreement. This agreement does not establish any priority for the

[55:55] use of public right away by franchisee or by any present or future franchises

[56:00] or other per owners. In the event of any dispute as to priority of use of public

[56:05] right away, the first priority shall be to the public challenge. The second

[56:08] priority to municipality in the performance of its various functions and

[56:12] thereafter as between franchisee and other franchises and permit owners as

[56:17] determined by municipality in the exercise of its reasonable powers

[56:20] including the police power and other powers reserved to and conferred on it

[56:24] by the state of Alabama consistent with the rights granted to franchisee

[56:27] pursuant to this agreement. 1.7 backup power. Franchises shall not use a

[56:32] permanent or semi-permanent internal combustion engine to provide backup

[56:35] power at any point or points on the network facilities without

[56:38] municipalities fire approval. Such approval may be granted subject to

[56:42] conditions such as relating to testing times, screening, noise levels and

[56:46] temperature and safe discharge of hot exhaust gases. Municipality Hero grants

[56:51] franchisee approval to use backup power generating devices including devices

[56:55] with permanent or semi-permanent internal combustion engines at these

[56:59] network cut sites and inside buildings or on land owned by franchisee subject

[57:04] to the specific conditions provided for in the network leases entered into

[57:08] between franchisee and municipality for the use of land owned by municipality

[57:12] and any applicable building code requirements. 1.8 8 limitation on use

[57:17] rights. Nothing in this agreement shall be construed as requiring franchisee to

[57:22] alter the manner in which franchisee attaches equipment to the false if any

[57:26] poles are allowed by municipality or alter the manner in which it operates

[57:29] and maintains it equipment. Two, franchisees obligations. 2.1 individual

[57:35] permits required. Franchisee will obtain a municipality's approval of required

[57:40] individual encroachment, construction, repair, and maintenance of the member

[57:44] facilities and other necessary permits before placing its member facilities in

[57:48] the public right away or other property of municipality as authorized.

[57:52] Franchisee will pay all lawful permit processing, fields, marking,

[57:55] engineering, and inspection fees associated with the issuance of

[57:59] individual permits by municipality. 2.2 Franchisees sole cost and expense.

[58:04] Franchisee will perform work at its sole cost and expense. 2.3 Compliance with

[58:10] laws. Franchisee will comply with all applicable federal, state, and local

[58:14] laws, regulations, and ordinances when performing the work. Franchisee shall

[58:19] comply in all sets with all applicable codes. Franchisee will place his member

[58:24] facilities in accordance with the required permits plans and drawings

[58:27] approved by municipality. 2.4 Reasonable care. Franchisee will exercise

[58:32] reasonable care when performing work and will use commonly accepted practices and

[58:36] equipment to minimize the risks of personal injury, property damage, soil

[58:40] erosion and pollution of service or groundwater. 2.5 Nois franchisee will

[58:45] maintain its network facilities in good and safe condition so that it never

[58:49] facilities do not cause nuisance. 2.6 no burden on public rightway minimum

[58:54] interference franchisee shall not erect, install, construct, repair or maintain

[59:00] the network facilities in such fashion as to undoing burden for present or

[59:04] future use of the public. The network facilities shall be erected and

[59:08] maintained by franchisee so as to cause a minimum interference with the use of

[59:12] the public right way and with the rights or reasonable convenience of property

[59:16] owners who have join any other public rightway. The location of network

[59:20] facilities within on over under across or through the public right away shall

[59:26] in all cases be subject to prior municipality approval through the

[59:30] applicable permit process. 2.7 Limitation on franchise rights except as

[59:35] they otherwise be agreed upon in writing by municipality and franchisee. The

[59:39] rights granted to franchise here do not include the right to excavate in,

[59:43] occupy, or use any municipality park, recreational areas, or other

[59:48] municipality property other than the public right away or attach or locate

[59:53] any member facilities to or on or otherwise utilize any of any

[59:57] municipality owned property or facilities or structures other than

[1:00:01] public right away including without limitation, light, towers, buildings,

[1:00:05] and trees. The use of such municipality owned property or facilities by

[1:00:10] franchisee shall be considered by municipality on a case-by case basis and

[1:00:14] may subject to payment of additional compensation to municipality. Similarly,

[1:00:18] the rights granted in by municipality to franchisee do not include the right to

[1:00:23] situate any facilities on poles or other property owned by entities other than

[1:00:27] municipality and situated in public right away. It shall be responsibility

[1:00:31] of franchisee to negotiate any pole attachment agreements or similar

[1:00:35] agreements with the owners of such poles or facilities and to pay to such any

[1:00:39] required compensation. 2.8 pre- construction days franchisee shall

[1:00:44] attend all reasonably necessary pre-construction days as mutually agreed

[1:00:48] with municipality. 2.9 Restoration of Property Franchisee shall restore and

[1:00:54] replace at its sole cost and assess in a manner reasonably approved by

[1:00:58] municipality any public or private property real or personal or portion of

[1:01:03] the public right away that is disturbed, damaged or injured by the construction,

[1:01:08] operation, maintenance or removal of the network facilities to at least as good

[1:01:12] condition as that which existed prior to the if such damage is directly caused by

[1:01:17] franchises work and no other person other than franchises personnel,

[1:01:21] employees, agents, contractors, subcontractors or athletics is

[1:01:25] responsible for damage. Franchise obligation in this subsection shall be

[1:01:29] limited by and consistent with any applicable seasonal or other

[1:01:33] restrictions on destruction or restoration work. Franchisees

[1:01:37] restoration work shall serve but not more than 60 days of franchise being

[1:01:41] notified of the problem in question. Upon the failure of franchisee to affect

[1:01:45] such repair or restoration, municipality may affect the same and franchise shall

[1:01:50] not reimburse municipality for municipalities actual, reasonable and

[1:01:54] documented costs in connection with such repair or restoration. 2.10 emergency

[1:01:59] notification. Franchise shall provide municipality with a 24-hour emergency

[1:02:04] telephone number at which a representative of franchisee can access

[1:02:07] in the event of an emergency.

[1:02:32] 2.11 duty to underground. It is a policy of municipality to have lines and cables

[1:02:38] placed underground to the greatest extent reasonably practical as

[1:02:41] determined by the municipality. In furance of this policy, franchisee

[1:02:46] agrees that they shall place its constructed lines and cables underground

[1:02:49] to the extent reasonably practical as determined by the municipality provided.

[1:02:52] However, the franchisees network sites may be above 2.12 discontinuence and

[1:02:58] removal of the network facilities. Upon the revocation, termination or

[1:03:03] expiration of the grant unless an extension is granted by municipality in

[1:03:06] its discretion, franchisee shall discontinue the original services and

[1:03:10] all rights of franchisee to use the public right away for original services

[1:03:14] shall cease. Franchisee at the direction of municipality shall remove any portion

[1:03:19] of facilities and restore such right away and other affected property in

[1:03:23] accordance with section 2.9 within the right. Alternatively usually agreed by

[1:03:29] franchise as municipality such facilities may be abandoned in place or

[1:03:33] transferred to municipality. This section 2.12 shall not apply to

[1:03:38] facilities constructed and owned by a franchisee or an affiliate of franchisee

[1:03:42] where such facilities are used by franchisee or such affiliate to lawfully

[1:03:46] provide other services.

[1:04:06] No sh on any red bond nor any shop discharge as planned. The municipality

[1:04:12] has certified in writing that the facilities has been disled

[1:04:18] removed and all other property restored to satisfaction of municipality. 2.13

[1:04:24] Tree Train Franchise may trim trees upon and overhanging the public right away so

[1:04:29] as to prevent the branches of such trees from coming into contact with the

[1:04:33] network facilities. French shall minimize the training of trees to train

[1:04:37] only those trees that are essential to maintain the integrity of the network

[1:04:40] facilities except emergencies. All training of trees in the public rideway

[1:04:45] or on municipal property shall have the prior approval of municipality and shall

[1:04:49] be done under the direction of the municipality's horulturist or in the

[1:04:52] event that officies taken the municipality's public works director and

[1:04:56] all training trees on private property shall require the consent of the

[1:04:59] property owner.

[1:05:23] All training shall be done at the expense of franchisee. 2.14 location of

[1:05:28] facilities. Franchise shall be accurate. Complete and current maps and records of

[1:05:33] network facilities and all franchise facilities.

[1:05:38] emergency

[1:05:50] 2.1 franchisee shall purchas

[1:05:57] in electronic especially

[1:06:02] copies of any new or revised nasal electrons as and if they are generated

[1:06:07] for portions of network facilities located within municipality and will

[1:06:11] provide them to municipality upon reasonable request and on a mutually

[1:06:15] agreed timetable subject to applicable confidentiality protections.

[1:06:38] Upon request by municipality in an emergency, franchisee as soon as

[1:06:42] reasonably practical shall inform municipality of any changes for such

[1:06:46] maps and records previously supplied and shall mark up any maps provided by

[1:06:50] municipality so as to show the location of the network facilities. 2.14

[1:06:54] point 2. The as built maps shall include admin all facilities located in second

[1:07:01] and facility rights and shall be drawn to sale. 2.14.3

[1:07:07] municipality agrees that franchisee may provide root maps rather than the

[1:07:11] asphalt task specified above. Root maps means asphalt maps with only the

[1:07:16] following information removed. Information on lines, whether lines are

[1:07:20] copper or fiber, and the nature of any electronics, concrete pads for pestals

[1:07:24] and enclosures for equipment or pestals shall be shown on mass. 2.15 utility

[1:07:30] notification program. Franchisee and municipality shall comply with state and

[1:07:35] local utility location and locations including 8001. Franchisee or

[1:07:41] franchisees contractor will request locates and municipality shall provide

[1:07:45] locates of facilities as required by 811 law and regulations at all times during

[1:07:51] and after the installation of network facilities. Franchise shall respond to

[1:07:55] all emergency location

[1:08:03] with respect to location of its existing public utility. Municipality agrees that

[1:08:08] during the period of franchises installation of network facilities

[1:08:11] pursuant to this agreement, municipality will locate all municipality public

[1:08:14] utility lines as required by 81 laws and relations. It shall be the duty of

[1:08:20] franchisee or its contractor to request municipality to locate the public

[1:08:24] utility lines. 2.16 Inspection by municipality network facilities shall be

[1:08:30] subject to inspection by municipality to the extent recently requested by

[1:08:34] municipality and reasonably necessary to assure compliance by franchisee with the

[1:08:38] terms of this agreement. Municipality shall inspect network facilities at

[1:08:42] reasonable mutually agreed upon times and upon reasonable notice to franchisee

[1:08:46] provided. However, the inspection shall not interrupt or interfere with any

[1:08:50] services provided by franchisee 2.17 franchisee as consideration for the use

[1:08:56] of the city's public right away as set forth in this agreement.

[1:09:22] The franchisee shall pay the city a used fee of 5% franchise shall pay a

[1:09:27] franchise fee of 5% of its gross reven

[1:09:37] during each calendar year of operation under this

[1:09:43] agreement. based on the financials. The franchisee will pay

[1:09:48] the use fee collected from his customers for the services annually within 45

[1:09:53] [clears throat] days of the close of franchisees fiscal year which ends

[1:09:56] December 31st. Each used to be payment shall accompanied by a certified report

[1:10:00] from a representative of the franchisee which shows the basis for the

[1:10:04] computation of all recurring monthly broadband service charges from the

[1:10:07] provision of broadband services to persons located within the city limits

[1:10:10] during the franchisees fiscal year for which such payment is made. In the event

[1:10:14] that the used fee payment is not actually received by the city on or

[1:10:18] before the applicable due date set forth in the section or is underpaid.

[1:10:22] franchisee shall pay in addition to the UC payment or some do interest from the

[1:10:26] due date at the state's legal interest rate of 8% annually. If franchisee does

[1:10:31] not provide broadband services to customer within the municipal boundaries

[1:10:34] of the city, then the franchisee shall pay the city annually per linear foot

[1:10:38] for the use of the city's public rightway once the fiber is lit and

[1:10:42] carrying traffic commercially. In the event the city should conduct a review

[1:10:45] of franchisees books and records and such review indicates a use fee

[1:10:49] underpayment of 5% or more during the entire period reviewed. The franchisee

[1:10:53] shall assume all reasonable documented costs of such audit and pay same upon

[1:10:58] demand by the city. City may no more than once annually audit franchisees

[1:11:02] books and records to the extent necessary to assure payment in

[1:11:06] accordance with this franchise. All documents pertaining to financial

[1:11:09] matters which may be the subject of an audit by the city shall be retained by

[1:11:13] the franchisee for a minimum period of 6 years. Once any audit period has been

[1:11:17] completed, such audit period of the franchisees books and records shall not

[1:11:21] again be a subject of any audit. 3.1 Emergency removal or relocation by

[1:11:26] municipality. In the event of a public emergency that creates an imminent

[1:11:30] threat to the health, safety or property of municipality or its residents,

[1:11:34] municipality may remove or relocate the applicable portions of the network

[1:11:38] facilities without prior notice to franchisee. Municipality will however

[1:11:42] make best efforts to provide prior notice to franchisee before making an

[1:11:46] emergency removal or relocation. In any event, municipality will promptly

[1:11:50] provide to franchisee a written description of any emergency removals or

[1:11:53] relocations of franchises never facilities. Franchisee will reimburse

[1:11:57] municipality for its actual reasonable and documented costs or expenses

[1:12:02] incurred for any such work performed by municipality. The direct cause of which

[1:12:06] was franchises construction, installation, operation, maintenance,

[1:12:10] repair or removal of its network facilities. 3.2 Relocation to

[1:12:15] accommodate governmental purposes. If franchises then existing network

[1:12:19] facilities would interfere with municipalities planned use of the public

[1:12:23] rightway or other municipality property or a legitimate non-commercial

[1:12:26] governmental purpose such as the construction, installation, repair,

[1:12:31] maintenance or operation of a new water, sewer or storm drain line or a public

[1:12:37] road, curb, gutter, sidewalk, park or recreational facility. Or in the event

[1:12:43] the affected public right ofway is lawfully vacated, eliminated,

[1:12:47] discontinued or closed by the municipality, franchisee will upon

[1:12:52] written notice from municipality.

[1:13:16] relocate its network facilities at franchisees only expense to such other

[1:13:20] location or locations and relocate it facility a franchise

[1:13:26] is taking into account the needs of the municipality's governmental purpose and

[1:13:30] franchises interest in maintaining the integrity and stability of it network

[1:13:34] franchisee will relocate its network facilities within a commercially

[1:13:37] reasonable full period of time agreed to by the parties taking into account the

[1:13:41] urgency of the need for relocation, the difficulty of the relocation and other

[1:13:46] relevant facts and circumstances except that municipality may not require

[1:13:49] franchisee to relocate or remove his network facilities with less than 180

[1:13:53] days notice. Upon the failure of franchisee to relocate any network

[1:13:57] facilities within a reasonable period of time in accordance with this subsection,

[1:14:02] municipality may affect such relocation and franchisee shall promptly reimburse

[1:14:06] municipality for all actual reasonable and documented costs and expenses

[1:14:10] incurred by municipality in connection with such relocation. 3.3 Relocation to

[1:14:15] accommodate non-governmental purposes. If franchises then existing network

[1:14:20] facilities would interfere with municipality's planned use of the public

[1:14:23] rightway for a non-governmental purpose or a third party's use of public

[1:14:26] rightway franchisee will not be required to relocate his network facilities. 3.4

[1:14:31] Four, non-discrimination. Any agreements between municipality and franchisee that

[1:14:36] provide franchisee access to public infrastructure, poles, conduits, assets,

[1:14:41] and public rightway will be available to other network operators that offer

[1:14:45] broadband internet access services on rates, terms, and conditions that are as

[1:14:49] favorable as those municipality provides franchisee for the same access. Four,

[1:14:54] contractors and subcontractors. 4.1, use of contractors and subcontractors.

[1:15:00] Franchise may entertain contractors and subcontractors to perform the work on

[1:15:04] franchises behalf. 4.2 Contractors to be licensed. Franchises, contractors, and

[1:15:09] subcontractors used to work will be properly licensed under applicable law,

[1:15:13] regulations and ordinances. 4.3 authorized individuals. Franchises,

[1:15:18] contractors, and subcontractors may submit individual permanent applications

[1:15:22] to municipality on franchises behalf so long as the current applications are

[1:15:26] signed by individuals that franchisee has authorized to act on his behalf via

[1:15:31] a letter of authorization provided to municipality in the form attached as

[1:15:34] exit A. Municipality will accept or review permit applications under

[1:15:38] disagreement submitted as signed by authorized individuals and will treat

[1:15:42] those applications as if they have been submitted by franchising under this

[1:15:45] agreement. Five, defense and identity. 5.1 Identification. Franchisee shall

[1:15:51] identify, defend and hold harmless mutuality and governmental subdivisions

[1:15:56] thereof and its respective house members, officers, boards, commissions,

[1:16:01] attorneys, agents and employees from and against any and all liability

[1:16:08] damages, penalties, claims, costs, charges, losses, and expenses arising

[1:16:14] from any third party claim of personal injury or property damage that may be

[1:16:18] imposed upon. by [clears throat] or be asserted

[1:16:21] against the indemnities by reason of any negligent act or omission of franchisee

[1:16:26] its personnel employees.

[1:16:50] agents, contractors, subcontractors or affiliates which may arise out of the

[1:16:55] construction, installation, operation, maintenance or condition of the network

[1:17:00] facilities or the franchisees failure to comply with any applicable federal,

[1:17:04] state or local statute, ordinance or regulation provided that municipality

[1:17:09] has complied with applicable state and local utility location and notification

[1:17:13] laws including including Alabama's 81 law and or the private service line has

[1:17:18] complied with clinical state location and notification laws including

[1:17:23] Alabama's 811 law. Further franchisees identification obligation shall not be

[1:17:28] extended to liability to the extent caused by negence or willful misconduct

[1:17:32] by any or any other third party. 5.2 Two, assumption of risk. Franchise

[1:17:38] undertakes and assumes for its officers, agents, contractors, and subcontractors

[1:17:42] and employees all risk of dangerous conditions if any, on or about any

[1:17:46] municipality owned or controlled property, including public RWS. 5.3

[1:17:51] defense of identities in the event any third party legal proceedings shall be

[1:17:55] brought against the identities upon written notice from municipality in

[1:17:59] accordance to section 5.4 here. Franchise [clears throat] shall

[1:18:02] franchise soul cost and assets assume sole control of the identified portion

[1:18:06] of the third party overseeing subject to municipality may appoint non controls

[1:18:13] and any settlement requiring municipality to admit liability pay

[1:18:16] money or take any action will require municipalities prior consent not to be

[1:18:21] unreasonable condition or 5.4 afford notice cooperation and expenses.

[1:18:28] Municipality must be a franchisee written notice of any third party legal

[1:18:32] proceeding not later than 20 days after municipality becomes aware of the third

[1:18:36] party legal proceeding. Municipality shall reasonably cooperate with

[1:18:40] franchisee in the defense of the third party legal proceeding and nothing

[1:18:43] herein shall be screwed to prevent municipality from appointing its own

[1:18:47] non-controlling council at municipality's sole costs.

[1:18:51] Six, limitation of liability. Neither party will be liable for any indirect,

[1:18:56] special, incidental, consequential, exemplary, or punitive damages in

[1:19:00] connection with this grant. The parties acknowledge that this limitation will be

[1:19:04] subject to and may be limited by applicable law. Seven, right of way bond

[1:19:09] within 30 days of the effective date. Franchisee shall provide mun with and

[1:19:14] shall maintain a right of bond from a shed company in the amount of $50,000

[1:19:19] and in a form reasonably acceptable to munic as a security for faithful

[1:19:23] performance by of the versions of this agreement. 7.1 The rights provided by

[1:19:29] section and are in addition to all other rights of municipality whether or

[1:19:34] authorized by law and no action receiving or exercise of right with

[1:19:38] respect to such law guarantee shall affect any other rights municipality may

[1:19:43] have except that municipality shall not be entitled to multiple remedies for the

[1:19:47] same violation 8 insurance 8.1 franchisee will carry and maintain 8.1.1

[1:19:55] commercial general liability insurance. The policy lends not less than $2

[1:19:58] million in aggregate and $2 million for each occurrence covering bodily injury

[1:20:02] and property damage [clears throat] with the following features. CGL primary

[1:20:06] insurance endorsement and CGL policy will include an endorsement which means

[1:20:11] the municipality, its employees and officers as additional insurance. 8.1.2

[1:20:17] workers compensation insurance with policy limits not less than

[1:20:20] municipalities requirements. 8.2 Two, all insurance certificates,

[1:20:24] endorsements, coverage verifications, and other items required for this permit

[1:20:29] will be mailed directly to municipalities insurance compliance

[1:20:32] representative upon municipality's request. Franchise shall provide

[1:20:36] municipality with certificates of insurance charge prior to his first

[1:20:41] permit. Franchise shall annually provide municipality with a certificate of

[1:20:45] insurance charge. Failure to obtain and maintain any insurance policy required

[1:20:51] by discretion shall be deemed material breach of this agreement and shall

[1:20:55] termination of this and franchise contractors franchises contractors and

[1:21:01] subcontractors working in public right shall carry in full force commercial

[1:21:05] general automobile liability and workers compensation and employers

[1:21:11] com

[1:21:15] may provide such challenges for any or all its contractors or subcontractors.

[1:21:19] 8.4 Insurance primary franchisees insurance coverage shall be primary

[1:21:24] insurance with respect to his county, his officers, agents, employees, elected

[1:21:30] and appointed officials, departments, boards and commissions, but only for

[1:21:34] actions of franchisee and for whom franchisee is responsible. Any insurance

[1:21:38] or self insurance maintained by any of them shall be in excess of franchises

[1:21:43] insurance and shall not contribute to it. Where insurance or self insurance

[1:21:47] maintained by any of them includes any contract or agreement providing any type

[1:21:51] of identification or defense obligation provided to or for the benefit of them

[1:21:56] from any source and includes any self insurance program or policy or

[1:22:00] selfinsure detention or deductible by for or on behalf of them. Nine term.

[1:22:06] This agreement is effective on the later of the date the last party to sign execs

[1:22:10] agreement and the date on which any implementing ordinance becomes effective

[1:22:14] in accordance with his terms and law. This agreement will expire automatically

[1:22:18] on the 10th anniversary of the effective date unless early terminated in

[1:22:22] accordance with the provisions herein. 10 termination 10.1 termination by

[1:22:28] municipality. Municipality may terminate this agreement if franchisee is in a

[1:22:33] material breach of the agreement provided that municipality must first

[1:22:37] provide a franchisee written notice of breach and not less than 180 days to

[1:22:41] cure unless the cure cannot be reasonably accomplished in that time

[1:22:44] period in which case the municipality may in its discretion grant franchisee

[1:22:49] additional time upon the request of franchisee provided that franchisee must

[1:22:54] commence in efforts to cure within that time period and the cure period will

[1:22:57] continue as long as such diligent efforts Continue. In the event

[1:23:00] municipality still seeks to terminate the agreement, municipality shall cause

[1:23:05] to be served upon franchisee at least 20 days prior to the date of such a govern

[1:23:10] by meeting, a written notice of intent to request such termination, the

[1:23:13] provisions of this agreement under which termination is sought and the time and

[1:23:17] place of meeting. Public notice shall be given of meeting and issues that the

[1:23:21] governing body is to consider pursuance to the requirements of Alabama law.

[1:23:47] The governing body shall hear and consider the issue and shall hear any

[1:23:51] person shall hear and consider the issue and shall hear any person interested

[1:23:56] therein. and shall determine whether or not any society shall other in mind

[1:24:00] consider the issue and shall hear any person interested therein and shall

[1:24:04] determine whether or

[1:24:08] if the governing body shall determine that the violation was the fault of

[1:24:11] franchisee and within its control. The governing body may by resolution seek

[1:24:16] specific performance of any provisions which reasonably lends itself to such

[1:24:19] revenue as an alternative to damages. commence an action outlaw for monetary

[1:24:24] damages or declare a substantial breach and declare that this agreement shall be

[1:24:28] terminated unless there is compliance within such period as a government body

[1:24:31] may fix. Such period [clears throat] not to be less than 60 days provided no

[1:24:35] opportunity for compliance need be granted for fraud or misrepresentation.

[1:24:40] Nothing herein shall be construed as a waiver or forfeiture of any right or

[1:24:43] remedy that either party may have concerning or arising out of this

[1:24:47] agreement, including the right to seek judicial redress or any breach or

[1:24:50] violation of the terms of this agreement. No termination under the

[1:24:54] subsection will be effective until the relevant cure period has expired. 10.2

[1:24:59] termination by franchisee franchisee may terminate this agreement for convenience

[1:25:03] account 180 days written notice to municipality. 11. Assignment except as

[1:25:09] set or below, neither party may assign or transfer its rights or obligations

[1:25:13] under this agreement in whole or part to a third party without the written

[1:25:17] consent of the other party without the written consent of the other party. Any

[1:25:21] agreed upon assenee will take the place of the assigned party and the assigning

[1:25:25] party will be released from all of its rights and obligations upon such

[1:25:28] assignment. 11.1 Notwithstanding the foregoing franchisee may assign or

[1:25:33] transfer its rights or obligations under this agreement in whole or in part to an

[1:25:37] affiliate without the priority consent of municipality. Following any

[1:25:41] assignment of this agreement to affiliate franchisee will remain

[1:25:44] responsible for such affiliates performance under the terms of this

[1:25:46] agreement. For purposes of this session, affiliate means any person that now or

[1:25:51] in the future directly or indirectly controls is controlled with or by or is

[1:25:57] under common control with franchisee and control means with respect to a US

[1:26:02] corporation. The ownership directly or indirectly of 50% or more of the voting

[1:26:07] power to elect directors thereof or a nonu corporation s corporation. If the

[1:26:12] voting power to elect directors thereof is less than 50% the maximum amount

[1:26:17] allowed by applicable law and any other person 50% or more ownership interest in

[1:26:22] said person or the power to direct the management of such person. 12 notice all

[1:26:27] notices related to this agreement will be in writing and sent give to

[1:26:30] franchisee to email addresses set forth below and give to municipality to the

[1:26:35] address set forth in municipality signature lock to this agreement. If

[1:26:38] franchisee does not acknowledge receipt of electronic mail, notice to franchisee

[1:26:42] must be given to the addresses sent below. Notices are effective when

[1:26:46] delivered in person upon confirmation of receipt when transmitted by electronic

[1:26:51] mail on the next business day if transmitted by registered or certified

[1:26:55] mail. Postage prepaid on the next business day if transmitted by overnight

[1:26:59] courier or 3 days after the date of mailing whichever is earlier. The

[1:27:03] notices or responses to the franchisee shall be addressed as follows.

[1:27:29] Troy Cable Vision Inc. DBA CR at JS

[1:27:37] Street

[1:27:40] and Troy Cable Vision

[1:27:47] Troy Cable Vision Inc. DBA Ceasefire ATF Jake Cowan SVP 106S Brundage Street Troy

[1:27:55] Alabama 36081 JC Allen at ceaspire.com Charles Al McBride Jr. General Council

[1:28:02] Telepass Inc. 1018 Highland Poly Parkway sweet 700 Ridgeland Mississippi 39157

[1:28:09] with a copy to 13 general provisions 13.1 French franchisee shall prepare and

[1:28:16] maintain any records or reports that are required of it by federal state or local

[1:28:20] law. Municipality shall have the right to obtain in the format kept by

[1:28:25] franchisee in the ordinary course of business copies of such records and

[1:28:29] reports as appropriate and reasonably necessary to determine whether

[1:28:32] franchisee is in compliance with this agreement. Franchisee reserves a right

[1:28:36] to object to any request made under the section as unnecessary, unreasonable or

[1:28:40] inappropriate under the circumstances and to seek appropriate confidentiality

[1:28:44] protections for any information to be produced to municipality. 13.2 entire

[1:28:49] franchise. This agreement including the exhibits attached here too contains the

[1:28:54] entire agreement between parties and all prior franchises negotiations and

[1:28:58] agreements relating to the network facilities or provision of services are

[1:29:02] merged herein and hereby superseded. 13.3 conferences as may be mutually

[1:29:07] agreed upon between the parties from time to time. The parties hereby agree

[1:29:11] to meet at reasonable times on reasonable notice to discuss any aspect

[1:29:15] of this agreement. The provision of broad-band services or the number of

[1:29:18] facilities during the term hereof. 13.4 Governing law. This agreement shall be

[1:29:24] deemed to have been made and shall be construed and interpreted in accordance

[1:29:27] with the law of the state of Ala. Each party to this agreement hereby

[1:29:31] irrevocably agrees that any legal action or proceeding arising out of or related

[1:29:36] to this agreement or any of the agreements or transactions contemplated

[1:29:39] hereby shall brought to a circuit court of Russell County, Alabama and hereby

[1:29:44] expressly submits to a personal jurisdiction and venue of such courts

[1:29:47] for the purposes thereof and expressly waves any claim of improper venue and

[1:29:51] any claim that such courts are an inconvenient form. 13.5 favor of

[1:29:56] compliance. No failure by either party to insist upon the strict performance of

[1:30:00] any covenant, agreement, term, or condition of this agreement or to

[1:30:04] exercise any right, term, or remedy, consequent upon every sh thereof shall

[1:30:09] constitute a waiver of any such breach or such covenant, agreement, term, or

[1:30:13] condition. No waiver of any breach shall affect or alter this agreement. But each

[1:30:18] and every covenant, agreement, term or condition of this agreement shall

[1:30:21] continue in full force and effect with respect to any other than existing or

[1:30:25] sensible breach thereof. Municipality may wave any obligation of franchisee

[1:30:29] under this agreement in full or in part at any time. But such waiver must be in

[1:30:34] writing and signed by the municipality city clerk or their design.

[1:30:40] Almost there.

[1:31:00] 13.7.6 relationship 6. Relationship of

[1:31:04] franchisee to municipality is and shall continue to be an independent

[1:31:09] contractual relationship and no liability or benefits such as workers

[1:31:14] compensation, pension rights or liabilities, insurance rights or

[1:31:18] liabilities or other provisions or liabilities arising out of or related to

[1:31:23] a contract or employer/ employee relationship. shall arise or approve to

[1:31:29] either party or either party's agents or employees as a result of the performance

[1:31:34] of this agreement unless expressly stated in this grant 13.7

[1:31:39] if any session paragraph 4 provision of this shall be held to be invalid or

[1:31:44] uninforceable for any reason the inability or uninforceability of such

[1:31:48] section paragraph 4 provision shall not affect any other main provisions of this

[1:31:53] 13.8 Eight captions. All captions are for convenience of use and have no

[1:31:57] sustained effect. 13.9 Franchise accepted. Franchise further acknowledges

[1:32:03] by execution and delivery of this agreement that it has carefully read the

[1:32:06] terms and conditions of this agreement and the ordinance and

[1:32:16] the parties agree that franchise further acknowledges by execution and delivery

[1:32:20] of this agreement that it has carefully read the terms and conditions of this

[1:32:23] grant and the ordinance and

[1:32:30] 13.10 10 binding agreement subject to section 2.3. The parties agree that this

[1:32:36] agreement complies with state and federal law as of the effect date and

[1:32:40] agree to be bound by the provisions thereof during the full term thereof.

[1:32:44] Except that the parties also agree to recognize and be bound by any change in

[1:32:49] any state or federal law even if such law materially affects the terms of

[1:32:53] agreement. 13.11 other covenants franchisee for itself

[1:32:58] and his affiliates covenants that franchisee and his affiliates shall not

[1:33:02] bring or support directly or indirectly any suit claim or receive challenging

[1:33:07] any terms agreement or contending that municipality or franchisee did not have

[1:33:11] the authority to impose or agree to such 13.12 reserve rights municipality

[1:33:18] reserves all rights and powers under it powers and powers conferred by federal

[1:33:22] state or local law of which municipality may not legally and contractually dest.

[1:33:27] In particular, municipality reserves a right to alter, amend or repeal code as

[1:33:33] it determines shall be conducive to the health, safety and welfare of the public

[1:33:37] or otherwise in public interest provided that any such alteration, amendment or

[1:33:42] appeal shall applicable to all similarly situated franchises of municipality in

[1:33:46] such a manner and to such an extent so as not to place franchisee at a material

[1:33:51] competitive advantage. In the event the municipal code or other applicable law

[1:33:56] is amended in a manner that would materially alter rights and obligations

[1:34:00] under this agreement will provide franchisee with reasonable

[1:34:04] evidence of such containment and upon request franchisee negotiate in good

[1:34:09] faith to modify this agreement to any adverse effects such a municipal

[1:34:14] coercions would have on franchisees performance under this agreement. The

[1:34:17] municipality agrees that by accepting this agreement franchisee has not waved

[1:34:21] it right to object application to it but actions by municipality pursu

[1:35:15] 13.13 13 representation regarding ethical standards for municipality

[1:35:20] officers and employees and former municipality officers and employees.

[1:35:25] Franchise represents that to the best of his knowledge it has not

[1:35:30] one provided an illegal gift or payoff to a municipality officer or employee or

[1:35:35] former municipality officer or employee or his or her relative or business

[1:35:40] entity. Two, retain any person to solicit or secure this contract upon an

[1:35:45] agreement or understanding for a commission, percentage, brokerage, or

[1:35:49] contingent fee other than bonafide employees or bonafide commercial selling

[1:35:54] agencies for the purpose of securing

[1:35:59] business. Three, breach any of the ethical standards set forth in the

[1:36:03] municipality's conflict of interest ordinance. 44 influence and hereby

[1:36:08] promises that it will not knowingly influence a municipality officer or

[1:36:13] employee or former municipality officer or employee to breach any of the ethical

[1:36:18] standards set forth in the municipality's conflict of interest

[1:36:22] ordinance 13.14 city representative the city manager or his or her sneige as

[1:36:29] provided in writing by the city manager to the franchisee the city

[1:36:33] representative shall be municipalities represent representative for all

[1:36:37] purposes of this agreement except where city council action is required by this

[1:36:42] agreement or by law. All decisions, judgments, approvals, requests, notices

[1:36:48] or other actions of municipality, required or permitted under this

[1:36:52] agreement shall be made, obtained, issued or delivered or otherwise

[1:36:56] affected on behalf of municipality by the city representative or his or her

[1:37:01] design. 13.15

[1:37:04] Authority franchisee represents covenants and warrants to municipality

[1:37:09] as of the effective date that A franchisee is duly constituted in good

[1:37:15] standing and qualified to do business in the state of Alabama. B franchisee will

[1:37:20] file when due all forms, reports, fees and other documents necessary to comply

[1:37:25] with applicable laws. and C the signatory signing on behalf of

[1:37:30] franchisee have the requisite authority to bind franchisee pursuant to

[1:37:35] franchisees organizational organizational documents

[1:37:40] 1316 franchisees acceptance of this agreement shall be in

[1:37:45] writing in a form approved by the city attorney and shall be accompanied by

[1:37:49] delivery of a check approved by the city in the amount of $5,000 made payable to

[1:37:54] the city of Phoenix city Alabama and shall shall serve to recover expenses

[1:37:58] incurred by the city in the running of this franchise. Said expenses shall

[1:38:03] include attorney's fees and consulting expenses incurred by the city.

[1:38:18] Okay. Okay. council be heard u the reading of the resolution both by and

[1:38:31] so at this time I'd like to ask this council for a motion to place on first

[1:38:35] reading have a motion on

[1:38:38] » motion play on first reading motion council day and second council member

[1:38:44] okay call this Davis >> council member today.

[1:38:50] » Council member Day. >> Yes.

[1:38:54] » Council member Green. >> Yes.

[1:38:55] » Council member Bailey. >> Yes.

[1:38:56] » Council member Florence. >> Yes.

[1:38:58] » Mayor Law. >> Yes.

[1:38:59] » Thank you. >> Okay. Thank you. Next. Council, we do

[1:39:03] have a board of under commission. We have a opening but one of the person

[1:39:13] that's serving Miss Ay has in contact and she has agreed to serve again on the

[1:39:20] planning commission. So at this time I'd like to ask this council for a motion to

[1:39:25] reappoint Mrs. Andy Lens to the planning commission

[1:39:29] that motion this time. All right. Have a motion council and second council

[1:39:34] member. All

[1:39:35] » oppose. Mrs. Davis. >> Council member Dave.

[1:39:38] » Yes. >> Council member Green.

[1:39:39] » Yes. >> Council member Bailey.

[1:39:41] » Yes. >> Council. Yes. Mayor L.

[1:39:44] » Yes. >> Thank you. Thank you.

[1:39:46] » Thank you, council. Been here a little while, but it's just

[1:39:51] it's been a very good meeting. We have to do what we have to do and we've shown

[1:39:54] that and has done that. So with that said, I appreciate everyone being here,

[1:39:59] the department head and all the other people and guests. Thank you all so much

[1:40:03] for being here. At this time, I' like to ask of the comments before I refer to

[1:40:08] the city manager of the county.

[1:40:18] I was just going to say um just want to reiterate the celebration uh thanks to

[1:40:22] our parks and rec department as well as other city officials um for allowing

[1:40:28] that celebration. We know that there will be other opportunities um hopefully

[1:40:33] by the council to recognize the young athletes and their efforts. But want to

[1:40:36] thank you all for um such a great turnout on last time

[1:40:41] » did in a short time. Great. Thanks so much. Let's give honor to do that was

[1:40:47] shown yesterday. So [clears throat] nothing else to say. I do want to thank

[1:40:52] everyone for being here. We thank this community. So let's continue to be part

[1:40:56] of the solution instead of part of the problems. And we also like to thank CTV

[1:41:03] me for being here and we thank this community and we love this community and

[1:41:07] we ask that we all share that love with this community. So with that being said,

[1:41:12] at this time we do stand journal. Thank you so much.

Phenix City Council Meeting | September 1, 2026

Transcript