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say and you all will continue to hear me
say this. This is good ch we are moms

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each other and glad to see each other.
So that's always a good thing. So again,

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good morning to everyone. We certainly
appreciate everyone being here. We

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appreciate our superintendent being here
and uh we're just grateful for this day.

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So with that, I am calling the meeting
to order. And at this time uh I would

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like to call on Pastor Ray Bear if he
would lead us with the invocation that

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we can stand and remain standing and I
will lead us with the pledge

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00:00:34,640 --> 00:00:42,879
and mayor and those attendance. It is
pleasure to fill in for Karen Ciper from

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Summer.
Will you pray with me? Gracious and

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00:00:44,879 --> 00:00:51,600
loving God, we thanks for this day and
we do echo our mayor's words and our

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thankfulness for friendly chatter and
the ways that we are building a

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community in this little part of the
world that we call Phoenix City. We ask

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now, Lord, that as we move into a time
of business and discussion, that your

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spirit would be our guide and that you
would give us the wisdom to make

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decisions in accordance with your word
and will. Bind us together in your holy

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love and make us one as you and the
father are one. We pray all this in the

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mighty and strong name of Jesus Christ
our Lord. Amen. Amen. If we can all the

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flag please.
Attention. Salute. Pledge. I pledge

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algiance to the flag of the United
States of America and to the republic

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for it stands one nation
indivisibley

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and justice for all.
Thank you, pastor.

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Will not be held against you for
leaving.

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Again, we appreciate everyone. We
certainly appreciate our superintendent

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being here supporting the city and we do
support our super. Thank you all so very

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

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call on Stephanie Chest and our city
manager, Mr. Wallace honor to give long

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honor due for increments of 5 years of
people that have given up themselves and

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folks given up their time to make uh
Phoenix City a better place. So Mr.

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Chess
>> thank you very much mayor. Good morning

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everybody. Good morning.
>> Good morning.

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» This is a highlight for us. This is an
opportunity for us to publicly thank and

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recognize our employees um for their
5year incremental service anniversaries.

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And so these are the anniversaries we
have for September. With our police

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department, we have our newly appointed
office manager, Yolanda Phillips. 10

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years of service.
[applause]

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[clears throat]
>> Morning.

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00:03:04,159 --> 00:03:09,440
I just want to thank y'all for the
opportunity. You know, being here 10

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00:03:06,959 --> 00:03:12,720
years as a has been awesome and I'm
ready for the new challenge.

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00:03:10,879 --> 00:03:16,959
» Dude, at least 15 more.
>> I got you.

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00:03:13,440 --> 00:03:21,120
» Yeah, I like that. Thank you so much for
what you do. Thanks.

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00:03:19,360 --> 00:03:24,800
» With our code enforcement department, we
have our deputy building off official,

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00:03:22,959 --> 00:03:29,002
Richard Carlson, with 20 years of
service.

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00:03:26,982 --> 00:03:29,002
» [applause]

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00:03:42,000 --> 00:03:52,920
» Thank you guys for opportunity to serve
at least five more. At least five more.

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00:03:49,200 --> 00:03:52,920
» Yeah, at least five.

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00:03:53,360 --> 00:03:58,560
We have one other. It doesn't look like
she was able to be here, but she's a

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00:03:55,920 --> 00:04:01,519
very busy woman. So, Lieutenant
Cassandra Bryan with the police

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00:04:00,080 --> 00:04:07,040
department received her 10 year
anniversary as well.

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00:04:03,439 --> 00:04:12,000
» Thank you all. This this is a highlight
send man started some years back, but

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00:04:09,040 --> 00:04:15,599
you know, stated thank you are two of
the most powerful words you can say when

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00:04:13,680 --> 00:04:20,880
they done sincerely.
Thank you for your service and we

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00:04:17,280 --> 00:04:23,880
appreciate and get those years in
retirement.

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00:04:25,199 --> 00:04:34,560
» You know, a lot of these years Ricky
been out for do a lot of praying for him

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00:04:31,600 --> 00:04:41,360
back here.
That's why we

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thank God for that. Thank God. God just
a couple blocks on

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body shop. I'm super

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00:04:59,600 --> 00:05:07,440
» We appreciate what you all do. We do
encourage you all to get the years in.

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00:05:05,199 --> 00:05:11,600
And for the ones that probably never
heard us say that, the reason why we

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00:05:09,199 --> 00:05:17,520
think and we feel strongly that the
state of Alabama has one of the best

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challenge in the union. We truly try to
encourage them to get at least 25 years

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00:05:19,840 --> 00:05:28,320
in. So thank you all for what you do and
let's just pray for a good and let's

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00:05:25,520 --> 00:05:33,280
keep on going. All right. Thanks a
little

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00:05:29,919 --> 00:05:39,120
at this time from the city
council. I'd like to call for a motion

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for the approval of the August 17, 2026
work session.

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00:05:41,520 --> 00:05:49,600
» All right. Second.
>> Motion from council day and a second

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00:05:45,039 --> 00:05:52,160
from council member Florence. Okay. Mr.
Davis.

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00:05:50,960 --> 00:05:55,520
» Council member Day.
>> Yes.

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00:05:52,960 --> 00:05:57,600
» Council member Green.
>> Council member Davy.

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00:05:56,720 --> 00:06:00,240
» Yes.
>> Council member Floyd.

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00:05:59,120 --> 00:06:01,440
» Yes.
>> Yes.

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00:06:00,639 --> 00:06:05,520
» Thank you.
>> Thank you. We proceeding on at this time

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00:06:04,000 --> 00:06:09,759
council I'd like to ask the council for
a motion for the approval of the August

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00:06:07,440 --> 00:06:12,240
18th 2026
regular council meeting. I have a

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00:06:11,759 --> 00:06:15,680
motion.
>> So move.

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00:06:13,360 --> 00:06:21,360
» We have a motion council.
>> Second council member.

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00:06:18,880 --> 00:06:22,880
» Okay. Mavis.
>> Council member Day.

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00:06:22,319 --> 00:06:24,479
» Yes.
>> Council member.

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00:06:23,919 --> 00:06:25,919
» Yes.
>> Council member Bailey.

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00:06:25,520 --> 00:06:28,400
» Yes.
>> Council member Florence.

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00:06:27,199 --> 00:06:29,520
» Yes. Mayor.
>> Yes.

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00:06:28,800 --> 00:06:34,000
» Thank you.
>> Thank you. None council at this time I'd

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00:06:32,240 --> 00:06:38,880
like to ask the council is there any
unfinished business.

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00:06:37,280 --> 00:06:42,639
Okay,
there's not any. We will proceed on with

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00:06:41,120 --> 00:06:47,840
the resolutions and under
administration. We have resolution

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00:06:44,960 --> 00:06:53,680
number 2026-263
be ratified in reference to the purchase

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00:06:49,759 --> 00:07:00,840
of a 2026 Ford transit van from Cypress
Ford link for the building department in

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00:06:55,919 --> 00:07:00,840
an amount not to exceed $51,19460.

88
00:07:01,120 --> 00:07:07,120
Mrs. states.
>> Whereas under the Alabama bid law for

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00:07:04,800 --> 00:07:12,240
public contracts, municipalities can
purchase property under a state bid

90
00:07:09,520 --> 00:07:16,880
provided that the state bid so provides.
And whereas the city desires to purchase

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00:07:14,400 --> 00:07:20,560
the property here and after described on
said state bid for the building

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00:07:18,560 --> 00:07:24,160
department. Now therefore, be it
resolved by the city council of the city

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00:07:22,240 --> 00:07:31,840
of Phoenix City, Alabama, that the
following shall be purchased under state

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00:07:26,160 --> 00:07:34,840
contract, contract number 10 MA 22000
003128-10

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00:07:34,880 --> 00:07:42,639
with optional equipment from Stoppers
Lincoln in Montgomery, Alabama. The 2026

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00:07:40,400 --> 00:07:50,319
White Transit van with optional
equipment for a total cost of $51,194.60

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00:07:47,360 --> 00:07:55,759
66 pass approved and adopted this 19th
day of August 2026 ratify this first

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00:07:53,599 --> 00:08:01,840
date of September 2026.
>> Thank you. Uh Mr. Davis council

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00:08:00,160 --> 00:08:04,720
resolution at this time I'd like to ask
for a motion to ratify.

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00:08:03,520 --> 00:08:08,560
» Motion to ratify.
>> All right. Motion from council member

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00:08:06,560 --> 00:08:14,160
Dave. May I have a second?
>> Second council.

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00:08:11,199 --> 00:08:18,319
» Comments or discussion?
>> All right.

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00:08:16,479 --> 00:08:19,759
All the vote, Mrs. Davis.
>> Council member Day,

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00:08:19,360 --> 00:08:21,120
» yes.
>> Council member Green,

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00:08:20,800 --> 00:08:22,479
» yes.
>> Council member Bailey,

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00:08:22,080 --> 00:08:24,000
» yes.
>> Council member Florence,

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00:08:23,599 --> 00:08:25,360
» yes.
>> Mayor R.

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00:08:24,960 --> 00:08:29,120
» Yes.
>> Thank you.

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00:08:26,479 --> 00:08:33,200
» Also proceeding council on the
resolution for administration is a

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00:08:31,520 --> 00:08:37,839
resolution in reference to authorizing
the mayor and city manager to enter into

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00:08:35,279 --> 00:08:43,200
an agreement with the municipal water
compensation fund incorporation, also

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00:08:40,320 --> 00:08:47,360
known as MWC.
This is stage. Whereas the city of

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00:08:45,440 --> 00:08:53,200
Phoenix City desires to enter into a
participation agreement with Municipal

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00:08:49,279 --> 00:08:58,080
Workers Compensation Fund, Inc. W MWCF
for the purposes of providing statutory

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00:08:55,920 --> 00:09:02,240
benefits as prescribed by the Alabama
workers compensation law for the

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00:08:59,839 --> 00:09:05,680
employees of the city. And whereas the
city council has reviewed said

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00:09:03,839 --> 00:09:10,480
participation agreement between the city
of Phoenix City and Municipal Workers

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00:09:07,920 --> 00:09:15,040
Compensation Fund, Inc. to define the
terms and conditions of coverage and

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00:09:12,880 --> 00:09:18,880
billing and fines dis necessary for
operations. Now therefore, be it

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00:09:17,360 --> 00:09:23,040
resolved that the city council of the
city of Mini City, Alabama does hereby

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00:09:20,880 --> 00:09:27,120
authorize the mayor and city manager to
sign the participation agreement with

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00:09:24,720 --> 00:09:32,240
the municipal workers compensation fund,
Inc. in accordance with terms and

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00:09:29,680 --> 00:09:36,080
conditions as outlined in the agreement.
Pass approved and adopted this first day

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00:09:34,000 --> 00:09:40,640
of September 2026.
>> Okay. Thank you again, Mrs. Davies.

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00:09:38,640 --> 00:09:43,200
Council, we've heard the resolution. At
this time, I'd like to ask council for a

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00:09:42,800 --> 00:09:46,080
motion.
>> Motion to approve.

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00:09:44,320 --> 00:09:49,920
» All right, we have a motion from council
member Lawrence. May I have a second?

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00:09:48,320 --> 00:09:56,600
» Second.
>> Second. Council member Green.

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00:09:52,959 --> 00:09:56,600
Comments of discussion.

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00:10:06,800 --> 00:10:12,880
Can't do it.
At this time, council would like to call

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00:10:10,880 --> 00:10:14,320
for the vote. Mrs. Davis.
>> Council member Day.

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00:10:13,920 --> 00:10:16,880
» Yes.
>> Council member Brain.

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00:10:15,440 --> 00:10:19,519
» Yes. Council member Bailey.
>> Yes. Council member Florence.

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00:10:18,320 --> 00:10:21,040
» Yes. Mayor Le.
>> Yes.

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00:10:19,920 --> 00:10:25,680
» Thank you.
Also, council procedure non is a

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00:10:24,000 --> 00:10:30,320
resolution in reference to authorizing
and directing the mayor, city manager,

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00:10:27,600 --> 00:10:36,079
and police chief to make application to
Edward Burn Memorial Justice Assistant

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00:10:32,800 --> 00:10:43,440
Gran, also known as JAG
program for this year 2026 local form of

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00:10:40,000 --> 00:10:47,440
solicitation. Mrs. Thank you.
>> We're at the United States Federal

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00:10:45,120 --> 00:10:52,320
Government Bureau of Justice Assistance
through the Edward Burn Memorial Justice

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00:10:49,600 --> 00:10:58,720
Assistant Grant J program. This school
year 2026 local formula solicitation

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00:10:55,839 --> 00:11:04,480
under the omnibus crime control and safe
streets act of 1986.

143
00:11:01,360 --> 00:11:09,760
PL 90-351 as amended and other
appropriate federal laws have been made

144
00:11:06,800 --> 00:11:14,480
available. $31,39
in funds for local solicitation. And

145
00:11:12,560 --> 00:11:19,360
whereas Phoenix City Police Department
here in referred to as applicant is of

146
00:11:17,680 --> 00:11:24,560
the opinion that it would be beneficial
to make application for such assistance.

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00:11:22,240 --> 00:11:29,760
And whereas said applicant agrees to be
accountable for providing the cash match

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00:11:26,640 --> 00:11:33,120
toward the total cost of said project.
Now therefore, be it resolved by the

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00:11:31,600 --> 00:11:37,600
city council of the city of Phoenix
City, Alabama, that the mayor and city

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00:11:35,120 --> 00:11:43,040
manager as authorizing officials and
Joseph K. Wrick as chief of police are

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00:11:40,560 --> 00:11:48,000
hereby authorized and directed to make
application to the Bureau of Justice

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00:11:45,519 --> 00:11:53,120
Assistant Edward Burn Grant for said
financial assistance. Pass, approve and

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00:11:50,320 --> 00:11:57,920
adopt this first day of September, 2026.
>> Thank you for reading the resolution

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00:11:55,040 --> 00:12:00,240
which council we have all heard. At this
time, I'd like to ask the council for a

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00:11:59,680 --> 00:12:02,000
motion.
>> Motion to approve.

156
00:12:01,360 --> 00:12:07,680
» Second.
>> Motion from council day. Second from

157
00:12:05,200 --> 00:12:11,760
councilman.
>> Comments or discussion?

158
00:12:09,279 --> 00:12:16,720
» May we ask um chief bar to please speak
to some of the uses for the bank fund if

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00:12:14,560 --> 00:12:18,959
awarded.
>> We're still [clears throat] in the early

160
00:12:17,600 --> 00:12:22,079
process of looking at what we're going
to spend the funds on. Of course, we'll

161
00:12:20,639 --> 00:12:25,760
have a public hearing as well. We
probably get input if they have any

162
00:12:23,839 --> 00:12:31,120
suggestions on what to spend it on. We
do have a few um few items we're looking

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00:12:28,240 --> 00:12:37,839
at right now. Uh specifically some some
equipment for our our hazardous respon

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00:12:34,320 --> 00:12:42,959
hazardous response team member
X-ray machine for hazardous devices.

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00:12:41,920 --> 00:12:47,279
» Thank you.
>> Do we split I mean do we split the

166
00:12:45,200 --> 00:12:51,279
dollars across the county?
>> We do. We rotate every other year with

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00:12:49,040 --> 00:12:54,959
the county. So this is our year. If you
remember, we just had the 2025 come

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00:12:53,519 --> 00:12:58,880
through because when the government was
shut down, that grant was delayed. So,

169
00:12:57,519 --> 00:13:03,120
they're kind of back to back right now.
So, this one's actually in the city.

170
00:13:00,880 --> 00:13:07,839
» Okay. Thank you.
>> Thank you, Chief. Good job. We

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00:13:04,959 --> 00:13:12,480
appreciate it. Thank you, Mr. Sp. Any
other comments or discussion? All right.

172
00:13:10,560 --> 00:13:14,079
At this time, call for the vote. Mrs.
Davis.

173
00:13:13,120 --> 00:13:15,519
» Council member Denny,
>> yes.

174
00:13:14,480 --> 00:13:16,800
» Council member Green,
>> yes.

175
00:13:15,839 --> 00:13:18,320
» Council member Bailey,
>> yes.

176
00:13:17,120 --> 00:13:20,639
» Council member Barnes,
>> yes. Mayor Lo,

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00:13:19,680 --> 00:13:25,760
» yes. Thank you.
>> And council also proceeded under

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00:13:23,839 --> 00:13:30,079
administration is a resolution in
reference to the satisfaction of the

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00:13:27,600 --> 00:13:36,079
special assessment on property located
at 10131 15th Avenue property home

180
00:13:33,519 --> 00:13:39,360
assembly Griffin Wiggins. Attention
Messen B. Wiggins. [clears throat]

181
00:13:38,079 --> 00:13:45,680
is sustained.
>> Whereas resolution number 2021-268

182
00:13:42,720 --> 00:13:51,519
adopted on the 7th day of December 2021
a fix the cost for the demolition of an

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00:13:48,000 --> 00:13:57,600
unsafe structure at 101315th Avenue
Phoenix City, Alabama being Lucend

184
00:13:54,240 --> 00:14:02,160
Lucinda Griffin Wiggins. Attention
Vincent B. Wiggins. A special assessment

185
00:14:00,320 --> 00:14:06,480
was filed against the property taxes in
the amount of $8,100

186
00:14:04,720 --> 00:14:10,959
to be collected by the Russell County
Revenue Commissioner said special

187
00:14:08,639 --> 00:14:17,199
assessment having been recorded in
volume 145 page 72 in the office of the

188
00:14:14,639 --> 00:14:21,800
judge of probate of Russell County. And
whereas the full amount of $10,570.50

189
00:14:22,399 --> 00:14:32,000
$8,100 plus interest of $2,470.50
50 cents was paid to the city of Phoenix

190
00:14:28,639 --> 00:14:36,320
City on August 11, 2026 and said special
assessment is entitled to be removed.

191
00:14:34,800 --> 00:14:40,720
Now therefore be it resolved that the
city council of the city of Phoenix

192
00:14:37,839 --> 00:14:45,680
City, Alabama does hereby constitute and
appoint the judge of probate of Russell

193
00:14:42,639 --> 00:14:50,320
County, Alabama as its true and lawful
attorney for and in its name to enter in

194
00:14:48,560 --> 00:14:54,880
the margin of the records where said
special assessment is reported full

195
00:14:52,720 --> 00:15:00,399
satisfaction thereof hereby ratifying
and confirming any and all acts of said

196
00:14:58,000 --> 00:15:04,639
attorney in fact in and about said
premises. Be it further resolved that a

197
00:15:02,959 --> 00:15:08,399
certified copy of this resolution be
forwarded to the revenue commissioner of

198
00:15:06,399 --> 00:15:12,160
Russell County to release said special
assessment placed on property. Pass,

199
00:15:10,560 --> 00:15:17,199
approved, and adopted this first day of
September 2026.

200
00:15:14,399 --> 00:15:22,320
» Thank you, Mr. Davis. Council, we've
heard the resolution reading of the

201
00:15:19,440 --> 00:15:25,839
resolution, Mrs. Davis. At this time,
I'd like to ask for a motion.

202
00:15:24,639 --> 00:15:29,760
» Motion to approve.
>> All right. Motion council member Green.

203
00:15:27,760 --> 00:15:32,959
That's a second. Council member Holmes.
>> Yes. Yeah, Mrs. Davis.

204
00:15:32,240 --> 00:15:39,199
» Yes, sir.
>> Okay. Any comments or discussion?

205
00:15:36,880 --> 00:15:40,639
Okay. Mrs. Davis.
>> Council member Dav.

206
00:15:40,320 --> 00:15:43,040
» Yes.
>> Council member Green.

207
00:15:41,680 --> 00:15:44,639
» Yes. Council member Bailey.
>> Yes.

208
00:15:43,440 --> 00:15:46,160
» Council member Florence.
>> Yes. Mayor Lawson.

209
00:15:45,760 --> 00:15:49,519
» Yes.
>> Thank you.

210
00:15:47,040 --> 00:15:53,759
» Proceeding on council on the public
building, excuse me, on the building

211
00:15:51,120 --> 00:15:57,120
department. We have a public hearing in
approval of four resolutions in

212
00:15:55,680 --> 00:16:01,839
reference to the fixing of costs
incurred by the city of Penn City for

213
00:15:59,600 --> 00:16:06,079
the removal of substandard structures in
the establishment of special assessments

214
00:16:03,759 --> 00:16:17,040
on properties located
823 and 1213th Court 604 Dillingham

215
00:16:10,720 --> 00:16:21,440
Street 518 111 Avenue South 816th
Street. Council, at this time I would

216
00:16:19,600 --> 00:16:25,040
like to prepare this as a public
hearing. And if there's anyone that

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00:16:23,279 --> 00:16:32,680
would love to come and address this
council in reference to these fixing the

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00:16:27,120 --> 00:16:32,680
cost, now's the time to do so.

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00:16:32,720 --> 00:16:40,800
Okay. Seeing that no one has stepped
forward, I am closing this public

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00:16:37,680 --> 00:16:45,440
hearing at this time counsel to the fact
that this we read at the last meeting. I

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00:16:43,600 --> 00:16:49,040
would like to ask for a motion for the
approval of these resolutions. All

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00:16:47,519 --> 00:16:52,880
proportion at this time.
>> Okay. We have a motion from council B.

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00:16:51,199 --> 00:16:56,320
May I have a second? Start. Second.
Council B.

224
00:16:54,399 --> 00:16:57,839
» Okay. Mrs. Davis.
>> Council member Day.

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00:16:57,440 --> 00:16:59,360
» Yes.
>> Council member Green.

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00:16:58,959 --> 00:17:00,800
» Yes.
>> Council member Bailey.

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00:17:00,480 --> 00:17:02,560
» Yes.
>> Council member Florence.

228
00:17:02,079 --> 00:17:03,680
» Yes.
>> Mayor L.

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00:17:03,279 --> 00:17:06,880
» Yes.
>> Thank you.

230
00:17:04,720 --> 00:17:10,720
» Thank you. Proceeding on the engineering
department. Council, we have a

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00:17:09,039 --> 00:17:17,520
resolution in reference to purchasing
pipe treker a 2000, excuse me, 200 eggs

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00:17:14,799 --> 00:17:23,919
pipe crawler robot package from the
source web vendor from deep treker

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00:17:21,039 --> 00:17:26,919
incorporation in an amount not to exceed
$85,45.38.

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00:17:28,000 --> 00:17:34,400
Mrs. stages.
>> Whereas under the Alabama bid law for

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00:17:32,240 --> 00:17:38,320
public contracts, municipalities can
purchase property resource well

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00:17:36,400 --> 00:17:43,679
contracts. And we're asked city of
Phoenix City desires to purchase the

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00:17:39,919 --> 00:17:50,200
pipe treker A200X pipe crawler robot
package here and after described

238
00:17:45,360 --> 00:17:50,200
resource well contract 011223-k

239
00:17:50,240 --> 00:17:58,799
for the in I'm sorry for the in
engineering public works departments to

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00:17:55,840 --> 00:18:02,160
inspect city storm water infrastructure.
Now therefore be it resolved by the city

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00:18:00,720 --> 00:18:09,679
council of the city of Phoenix City,
Alabama that one one pipe trekger A200X

242
00:18:06,960 --> 00:18:15,360
pipe crawler robotic package be
purchased with resource well contract

243
00:18:11,280 --> 00:18:19,480
number 011 223-d
in the amount of $85,45.38.

244
00:18:19,600 --> 00:18:27,600
Pass approved and adopted this first day
of September 2026.

245
00:18:23,840 --> 00:18:27,600
» That's the time push standard.

246
00:18:27,679 --> 00:18:36,080
Very good. Council, we have all heard
the resolution from city clerk. At this

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00:18:33,840 --> 00:18:38,000
time, I'd like to ask this council for a
motion.

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00:18:37,039 --> 00:18:41,039
» So move.
>> Motion from council member dream and

249
00:18:40,000 --> 00:18:44,160
have a second.
>> Second.

250
00:18:41,679 --> 00:18:47,679
» Second from councilman B. Comments or
discussion?

251
00:18:46,400 --> 00:18:49,120
Mrs. Davis.
>> Council member Day.

252
00:18:48,720 --> 00:18:50,480
» Yes.
>> Council member Green.

253
00:18:50,160 --> 00:18:52,960
» Yes.
>> Council member Bailey.

254
00:18:51,520 --> 00:18:57,120
» Yes. Council member Florence.
>> Yes. Mayor,

255
00:18:54,080 --> 00:19:00,080
» yes. Thank you. Thank you. Seeing non
council on the utilities [clears throat]

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00:18:58,480 --> 00:19:04,799
department.
There's a resolution in reference to

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00:19:01,679 --> 00:19:10,000
declaring the installation of the insert
valves on the broad street water man in

258
00:19:07,840 --> 00:19:14,480
emergency and authorizing and directing
the mayor and city manager to hire and

259
00:19:11,840 --> 00:19:19,799
pay for a field on the ground for said
installation in an amount not to exceed

260
00:19:16,799 --> 00:19:19,799
$52,780.

261
00:19:20,240 --> 00:19:26,160
Mrs.
Whereas a water leak has to be repaired

262
00:19:24,160 --> 00:19:31,520
on the 10-in water man along Broad
Street where it crosses Bill Creek and

263
00:19:28,960 --> 00:19:36,400
whereas water man has become exposed
where it crosses Bill Creek making it

264
00:19:33,760 --> 00:19:41,200
more susceptible to damage and whereas
said ve has leaked and been repaired

265
00:19:38,320 --> 00:19:45,600
with clamps more than once and whereas
said vein is leaking again where a

266
00:19:43,120 --> 00:19:51,520
previous repair clamp was replaced I'm
sorry was placed and whereas said mane

267
00:19:48,799 --> 00:19:56,960
needs to be replaced as expeditiously as
possible to ensure public safety. And

268
00:19:54,559 --> 00:20:00,960
whereas valves need to be inserted in
the existing border manual north and

269
00:19:59,039 --> 00:20:05,919
south of the section to be replaced
crossing said creek. And whereas the

270
00:20:03,760 --> 00:20:14,720
city received a proposal from Barfield
Underground for installing 2in insert

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00:20:09,440 --> 00:20:17,760
valves at an estimated cost of $52,780.
Now therefore be it resolved that the

272
00:20:16,240 --> 00:20:22,320
city council of the city of Phoenix
City, Alabama hereby declares the

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00:20:20,000 --> 00:20:27,200
installation of said insert vows on the
Broad Street water main and in emergency

274
00:20:25,120 --> 00:20:32,240
and authorizes and directs the mayor and
city manager to hire and pay airfield

275
00:20:29,760 --> 00:20:35,240
underground the estimated amount of
$52,780

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00:20:35,360 --> 00:20:40,799
for said installations. Pass, approve,
and adopt this first day of September

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00:20:39,600 --> 00:20:45,679
2026.
>> Thank you for reading the resolution. Uh

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00:20:42,799 --> 00:20:47,760
Mrs. Davis council, you heard. At this
time, I'd like to ask the council for a

279
00:20:47,200 --> 00:20:50,559
motion.
>> Motion to approve.

280
00:20:48,799 --> 00:20:55,840
» All right, we have a motion from council
member D. May I have a second? Sir,

281
00:20:53,200 --> 00:21:00,799
» second from council baby.
Okay, have a motion. We have a second.

282
00:20:58,240 --> 00:21:06,080
Any comments or discussion? Council
mayor, I noticed

283
00:21:03,200 --> 00:21:11,520
more than once. The first time it was
done, work was done. Uh, did we get some

284
00:21:09,039 --> 00:21:14,520
guarantee on it? How long?
Excuse

285
00:21:21,200 --> 00:21:29,080
me.
>> Your question was about you said replace

286
00:21:29,760 --> 00:21:37,360
the first time you was asking.
>> Oh, okay.

287
00:21:34,720 --> 00:21:43,840
I'm sorry. I got
replaced. Okay. Okay.

288
00:21:41,360 --> 00:21:47,679
But this is an actual replacement for
the clan.

289
00:21:44,799 --> 00:21:52,400
» This is not these are valves to be
installed to isolate that water.

290
00:21:50,880 --> 00:21:56,080
» So they can't be either repaired or
replaced without the water continually

291
00:21:54,480 --> 00:22:03,280
flowing.
>> So this something like a new job work.

292
00:22:00,000 --> 00:22:07,760
» It's to install valves on the water so
that we can isolate the water and

293
00:22:04,960 --> 00:22:11,919
hopefully not have anybody's water. We
got to get these valves in once we turn

294
00:22:10,400 --> 00:22:16,159
off. Then we can see what the pressure
is like after the valves are off. See if

295
00:22:14,080 --> 00:22:21,360
everybody's got good pressure. That's
that's the hole. So if that's the case,

296
00:22:18,559 --> 00:22:22,960
then it gives us more time to get it
replaced.

297
00:22:22,159 --> 00:22:28,559
» Okay.
>> Get in there and turn the valve off.

298
00:22:24,880 --> 00:22:31,559
People don't have water.
Hurry.

299
00:22:32,400 --> 00:22:38,400
Thank you.
>> Thank you, John.

300
00:22:37,280 --> 00:22:41,919
Thank you.
>> Basically, [clears throat] so we wanted

301
00:22:39,600 --> 00:22:45,840
to put this back so we can get a good
understanding. John, this is going to

302
00:22:44,000 --> 00:22:51,280
lead to
a deeper detail

303
00:22:48,320 --> 00:22:55,200
repair or replacement of that pipe.
>> Just going to make sure the citizens

304
00:22:52,799 --> 00:23:01,720
have the water there to isolate it. But
when he come back when he come back

305
00:22:58,480 --> 00:23:01,720
the cost

306
00:23:03,840 --> 00:23:09,240
you know the system that's correct

307
00:23:09,840 --> 00:23:18,640
» thank you we appreciate you
>> any other comments discussion not

308
00:23:17,120 --> 00:23:21,679
council at this time I'd like to call
for the vote Mrs. states.

309
00:23:20,240 --> 00:23:23,039
» Council member Dan, yes.
>> Council member Green,

310
00:23:22,720 --> 00:23:24,320
» yes.
>> Council member Bailey,

311
00:23:24,080 --> 00:23:26,080
» yes.
>> Council member Florence,

312
00:23:25,679 --> 00:23:27,120
» yes.
>> Mayor L.

313
00:23:26,880 --> 00:23:31,600
» Yes.
>> Thank you. CN council on the utilities

314
00:23:29,760 --> 00:23:37,200
department as a resolution in reference
to declaring the cleaning bypass popping

315
00:23:34,640 --> 00:23:41,919
and process startup of equipment at the
wastewater treatment plant in emergency

316
00:23:40,000 --> 00:23:47,120
and authorizing and directing the mayor
city manager to pay DIV46

317
00:23:45,600 --> 00:23:52,159
LLC
for set services in an amount not to

318
00:23:49,280 --> 00:23:55,039
exceed $32,800.
Mrs. Thanks.

319
00:23:53,520 --> 00:23:58,880
» Whereas the city of Phoenix City
operates a wastewater treatment plant

320
00:23:56,880 --> 00:24:03,120
which receives influence from the
wastewater collection system at the

321
00:24:00,559 --> 00:24:07,520
headworks of the plant. And whereas the
screw pumps, root system, and primary

322
00:24:05,360 --> 00:24:13,200
clarifiers needed to be put back in
service as soon as possible. And whereas

323
00:24:10,480 --> 00:24:16,960
brick, trash, and debris accumulated in
the headworks, which could cause

324
00:24:15,120 --> 00:24:21,919
problems with other equipment in the
plant, and the sewage in the headworks

325
00:24:19,200 --> 00:24:26,960
became septic, which would be harmful to
the bacteria in the plant, which helped

326
00:24:24,000 --> 00:24:30,799
treat the sewage. And whereas this grid,
trash, debris, and septic material

327
00:24:29,120 --> 00:24:35,520
needed to be removed to protect the
plant's biological processes and

328
00:24:33,279 --> 00:24:41,039
equipment, including the screw pumps and
primary clarifiers. And whereas

329
00:24:38,240 --> 00:24:46,320
emergency cleaning services and pump
bypass were required to remove said

330
00:24:43,279 --> 00:24:50,159
grit, trash, debris, and septic material
as soon as possible to get the screw

331
00:24:48,240 --> 00:24:55,200
pumps, brick system, and primary
clarifiers back to surface. And whereas

332
00:24:53,279 --> 00:24:59,440
professional services were needed to
assist with the cleaning of the head

333
00:24:56,960 --> 00:25:07,120
works, bypass pumping, and placing the
screw pump, rig system, and primary

334
00:25:02,400 --> 00:25:13,520
clarifiers back in service. And whereas
DIB46

335
00:25:08,960 --> 00:25:17,840
or DI 46 LLC was hired to provide said
professional services at a cost of

336
00:25:15,360 --> 00:25:21,440
$32,800.
Now therefore be it resolved that the

337
00:25:19,919 --> 00:25:26,000
city council of the city of Phoenix
City, Alabama does hereby declare the

338
00:25:23,919 --> 00:25:30,720
professional services to assist with the
affformentioned cleaning [clears throat]

339
00:25:27,760 --> 00:25:37,120
bypass pump company and process starting
startup and emergency and authorizes and

340
00:25:33,600 --> 00:25:42,320
direct the mayor city renter to pay46
LLC for said services in the amount of

341
00:25:40,240 --> 00:25:46,799
$32,800.
Pass approved adopted this first day of

342
00:25:44,240 --> 00:25:51,840
September 2026. Thank you again for
reading the resolution. Mrs. Davis

343
00:25:49,120 --> 00:25:54,880
Council America resolution at this time.
I'd like to ask for a motion, please.

344
00:25:53,679 --> 00:25:58,320
» Motion to approve.
>> Motion second

345
00:25:56,400 --> 00:26:02,799
» from Council Member Green and a second
from Council Member. Any comments or

346
00:26:00,720 --> 00:26:06,320
discussion?
>> Okay, Mr. B.

347
00:26:04,960 --> 00:26:07,760
» Council member Day.
>> Yes.

348
00:26:06,720 --> 00:26:09,760
» Council member Green.
>> Yes. Council member Bailey.

349
00:26:09,360 --> 00:26:12,720
» Yes.
>> Council member, yes. Mayor,

350
00:26:12,320 --> 00:26:17,440
» yes.
>> Thank you. See on the council. Next is

351
00:26:15,840 --> 00:26:21,760
ordinance.
We do have a public hearing and second

352
00:26:19,840 --> 00:26:25,760
reading.
It's an ordinance to amend the zoning

353
00:26:23,600 --> 00:26:33,720
ordinance of the city of Penny City,
Alabama, article 5, non-residential and

354
00:26:28,960 --> 00:26:33,720
mixed use district section 5.03.02,

355
00:26:34,240 --> 00:26:42,480
table 5-1 conventional regulation of
non-residential districts in the C4

356
00:26:40,320 --> 00:26:48,240
highway commercial district maximum
building area. Uh we did have the first

357
00:26:45,520 --> 00:26:54,400
reading on the
July the 21st. Uh we would not ask the

358
00:26:51,039 --> 00:26:59,279
clerk to reread read this. However, at
this time, council, I'd like to open

359
00:26:56,960 --> 00:27:04,480
this up for public hearing for anyone
who would like to come and address the

360
00:27:00,960 --> 00:27:08,120
council in reference uh for this uh
ordinance zoning.

361
00:27:09,039 --> 00:27:14,559
Round up.
>> Yes, sir.

362
00:27:12,720 --> 00:27:20,000
» I didn't put forward any any other
person before I

363
00:27:17,279 --> 00:27:26,400
no one. Okay, go ahead. I I just wanted
to re reiterate what we're why we're

364
00:27:22,960 --> 00:27:31,679
doing this is that we met with some
contractors

365
00:27:27,919 --> 00:27:38,720
or developers that were looking to
develop in the city and um we found that

366
00:27:35,520 --> 00:27:43,360
our maximum building area, our C4 zone
was only a 25%

367
00:27:41,279 --> 00:27:49,200
which kind of gives us a disadvantage
when we're trying to recruit um you know

368
00:27:46,159 --> 00:27:53,600
potential developers and all. So this
will increase our our maximum building

369
00:27:51,520 --> 00:27:58,320
area 50%.
Puts us in line with the surrounding

370
00:27:55,440 --> 00:28:02,240
areas to give us a little bit better you
know a better way to stand out when

371
00:28:00,399 --> 00:28:07,760
we're trying to improve conditions and
all that allow them to to utilize a

372
00:28:05,760 --> 00:28:12,799
little bit more space than what I think
would be allowed otherwise.

373
00:28:10,159 --> 00:28:14,960
» Okay. It's a good thing.
>> Mhm.

374
00:28:13,840 --> 00:28:20,080
» Other words, what you're saying is
they'll be able to put the property that

375
00:28:17,520 --> 00:28:23,440
they buy better use by building on it
maybe rather than putting a parking lot

376
00:28:22,320 --> 00:28:28,159
or something on.
>> Yes, sir. It gives them a little bit

377
00:28:25,440 --> 00:28:34,720
more building area to allow better use
of the property and and not restrict on

378
00:28:31,919 --> 00:28:38,559
some some that may come
>> actually help them to have develop it

379
00:28:36,480 --> 00:28:42,399
easier and a little bit cheaper by not
having to buy much property. Yes. put

380
00:28:40,640 --> 00:28:43,600
the same size building on as they did
before.

381
00:28:43,120 --> 00:28:47,760
» Yes.
>> Okay. Makes good sense to me.

382
00:28:46,640 --> 00:28:51,000
» Thank you.
>> Thank y'all.

383
00:28:51,760 --> 00:28:59,520
Now, um that was just an explanation. So
again, if there's anyone that would like

384
00:28:56,720 --> 00:29:04,960
to come and address counsel, since we do
not have anyone, I am closing this

385
00:29:02,480 --> 00:29:07,440
public hearing. And at this time,
council, I would like to ask for a

386
00:29:06,799 --> 00:29:11,039
motion.
>> Motion to approve the public hearing.

387
00:29:08,960 --> 00:29:16,279
» All right. Motion.
>> Council Davis sat. Council member Fus.

388
00:29:17,440 --> 00:29:22,000
» Council member Day.
>> Yes.

389
00:29:20,799 --> 00:29:23,440
» Council member Green.
>> Yes.

390
00:29:22,399 --> 00:29:26,320
» Council member Bailey.
>> Yes.

391
00:29:23,760 --> 00:29:27,200
» Council member Florence. T mayor.
>> Yes.

392
00:29:26,640 --> 00:29:34,559
» Thank you.
>> Seeing none council on the ordinance.

393
00:29:30,240 --> 00:29:41,679
We also have an ordinance to annex 0.12
plus minus acres of land line in section

394
00:29:37,039 --> 00:29:47,120
28 township 18 north range 30 east
county Alabama into an R2 zone which is

395
00:29:44,320 --> 00:29:56,320
a medium density residential district
located at 2060 Lee Road 427 Piers Road

396
00:29:52,159 --> 00:30:01,360
in 5302 Wilma Avenue Penny City Alabama.
James Hall is the owner. You also had

397
00:29:59,360 --> 00:30:06,480
the first reading of this on July the
21st of this year. I am not going to ask

398
00:30:04,000 --> 00:30:11,919
the clerk to reread. However, at this
time, I would like to declare it as a

399
00:30:09,440 --> 00:30:16,240
public hearing to open up as a public
hearing and if there's anyone that would

400
00:30:13,679 --> 00:30:21,440
like to come to address council in
reference to the annexation, now is the

401
00:30:18,640 --> 00:30:25,919
time to do so.
>> Okay.

402
00:30:23,200 --> 00:30:29,840
» Okay. This is an explanation also.
>> Yes. Okay.

403
00:30:27,360 --> 00:30:33,840
» Yeah. I'd just like to uh just give some
clarification because it may seem in

404
00:30:32,240 --> 00:30:38,960
some respects that city may be
contradictory in this where the decision

405
00:30:36,240 --> 00:30:43,200
is made. Uh so generally speaking, so
this owner came to the city and he's

406
00:30:41,200 --> 00:30:48,159
doing a reclap where he wants to take a
piece of a parcel that's outside the

407
00:30:45,039 --> 00:30:53,279
city which will be the parall
there. He owns both properties, one on

408
00:30:51,200 --> 00:30:58,000
Pierce Road, which is not in the city.
He owns the property on Wilma Avenue

409
00:30:55,520 --> 00:31:02,399
which is in the city. So he wants to
take that piece of property where it has

410
00:30:59,840 --> 00:31:06,799
that accessory structure and combine it
with the parcel that's in the city. Now

411
00:31:05,039 --> 00:31:10,799
generally speaking, we've been trying to
clean up our city limits lines to be

412
00:31:09,520 --> 00:31:15,600
consistent so we don't have
irregularities in our city limit lines.

413
00:31:13,520 --> 00:31:24,000
So that we have approved several
annexations because of that. But in this

414
00:31:18,559 --> 00:31:28,640
instance uh when we did uh renewed our u
our moratorum on annexations, we also

415
00:31:26,559 --> 00:31:33,679
put in some caveats in there related to
public safety, different reasons that we

416
00:31:30,640 --> 00:31:38,240
can and cannot we can approve or deny
things being annexed. And in this

417
00:31:36,080 --> 00:31:42,000
instance and the chief may want to
elaborate some more on the reasons why,

418
00:31:40,240 --> 00:31:47,679
but we had some public safety issues
that came up regarding this accessory

419
00:31:44,640 --> 00:31:52,159
structure. So, like I like I said, I
wanted to explain because we have

420
00:31:49,679 --> 00:31:55,840
approved some annexations because we
wanted to clean up lines, but in this

421
00:31:54,000 --> 00:31:58,960
instance, we had some other issues come
up and I'll let you.

422
00:31:58,000 --> 00:32:01,279
» Okay.
>> Thank you, Chris.

423
00:31:59,919 --> 00:32:06,559
» Yes, sir.
>> Yeah. And like what Chris is referring

424
00:32:03,440 --> 00:32:11,039
to, in some of those instances, a piece
of the property that the city limits

425
00:32:09,279 --> 00:32:17,039
fund went straight through the property.
So, in those respects, I didn't have an

426
00:32:13,600 --> 00:32:21,279
issue. um with annexing this particular
I still respectfully request that this

427
00:32:18,880 --> 00:32:26,399
annexation be denied and moratorum stay
in place because um we're taking just a

428
00:32:24,799 --> 00:32:30,080
piece of that property and we're adding
to

429
00:32:28,000 --> 00:32:36,240
the same issues that we have in Wilma
Avenue where the fire hydrants are an

430
00:32:32,480 --> 00:32:41,360
excessive amount of um distance from the
structures. Um, if he's not going to

431
00:32:38,320 --> 00:32:48,080
annex in the entire piece to eliminate
spot annexation, I'm still against that.

432
00:32:46,000 --> 00:32:51,840
» I may be overruled.
>> And when you're saying a full piece of

433
00:32:49,840 --> 00:32:54,320
property, what what part of
>> Well, he owns

434
00:32:52,399 --> 00:32:59,039
» I know he owns everything else that's in
the city, correct?

435
00:32:56,240 --> 00:33:02,640
» Well, he owns like 230 that's out of the
city as well.

436
00:33:01,120 --> 00:33:05,760
» So, he's only want to bring part of what
he owns outside the city into the city.

437
00:33:04,640 --> 00:33:06,960
And see, that's the part I didn't
understand.

438
00:33:06,240 --> 00:33:10,960
» Correct. That's right.
>> Yes, sir. That's right.

439
00:33:08,399 --> 00:33:13,919
» So, has it been communicated to him
>> as far as information?

440
00:33:12,399 --> 00:33:16,240
» Yes, sir. I believe that has been
communicated to

441
00:33:14,799 --> 00:33:20,159
» Well, I know the planning commission
they talked to about possibly have to

442
00:33:17,840 --> 00:33:24,480
put in fire and all that cuz my question
was leading up to this. We're already

443
00:33:22,399 --> 00:33:26,640
responsible for what's on.
>> That's right.

444
00:33:25,039 --> 00:33:32,080
» So, if all we were going to put in would
be if you are responsible for everybody

445
00:33:29,039 --> 00:33:35,120
from Mr. Hunter
Green, the only one left to protect is

446
00:33:34,080 --> 00:33:39,760
right there on the end.
>> Yes, sir. you've already got 95% of

447
00:33:37,600 --> 00:33:44,880
everything covered. A little bit more
really should not matter. But if he's

448
00:33:42,720 --> 00:33:48,880
only putting in there again part of
what's not in the city and keeping out

449
00:33:47,440 --> 00:33:52,159
some of what's not in the city to keep
from having to do the other that makes a

450
00:33:50,880 --> 00:33:55,760
little more sense,
>> but I'm still

451
00:33:54,159 --> 00:33:57,519
understanding that we responsible for
what's already there. Now, I know that

452
00:33:57,120 --> 00:33:59,600
that's
>> we are

453
00:33:58,080 --> 00:34:02,880
» we responsible, but I know we didn't
make that decision to make us

454
00:34:01,039 --> 00:34:07,120
responsible. That was done a long time
ago. probably wasn't brought brought

455
00:34:05,519 --> 00:34:10,720
through with, you know, very much
thinking, but

456
00:34:09,280 --> 00:34:13,760
» and I know what you're trying to do now.
You're trying to get the pull us back

457
00:34:12,720 --> 00:34:17,040
ahead of the cart.
>> As much as people are trying to clean

458
00:34:15,280 --> 00:34:19,679
the line, right? I'm doing the same.
>> And you have to do the same thing with

459
00:34:18,240 --> 00:34:22,960
the fire department. You have to take
care of what y'all have to do. Yes. And

460
00:34:21,520 --> 00:34:26,720
that's exactly right. You're trying to
put the cart back behind the horse and

461
00:34:25,200 --> 00:34:30,879
getting the horse in front rather than
chasing the car down. So, you're doing

462
00:34:28,879 --> 00:34:33,280
right. Yeah. You're not you're not
wrong.

463
00:34:31,280 --> 00:34:36,000
» Yeah. road doesn't meet the requirements
as it is now for us that you would be

464
00:34:35,119 --> 00:34:39,520
able to get up in there.
>> That's what I'm saying. It made it that

465
00:34:37,440 --> 00:34:44,240
much still going to be hard when y'all
have to do your job.

466
00:34:41,200 --> 00:34:47,839
» That that you know that's uh already
there. But that was the part I didn't

467
00:34:46,320 --> 00:34:52,320
understand. And that makes a little more
sense. Like you said, if you're not

468
00:34:50,000 --> 00:34:56,079
willing to put all of it in and maybe
come to some kind of terms of having to

469
00:34:54,399 --> 00:35:00,160
make an adjustment with the city of
where everything can be done better

470
00:34:58,400 --> 00:35:02,800
because I own all the stuff, I certainly
want y'all to be able to put it catch

471
00:35:02,240 --> 00:35:07,920
fire.
>> And he said he understood he understood

472
00:35:05,119 --> 00:35:11,760
all of that as well. But um there was no
discussion about adding the fire.

473
00:35:09,920 --> 00:35:15,520
» That's what I'm saying.
And was there any discussion or

474
00:35:13,760 --> 00:35:18,320
information as to why the entire
property was not being requested to be

475
00:35:17,280 --> 00:35:22,000
annexed?
>> No ma'am.

476
00:35:19,599 --> 00:35:28,720
» There was not an answer given as not to
me anyway the engineer department

477
00:35:27,040 --> 00:35:37,520
to me on that.
He was his we communicated two issues to

478
00:35:32,400 --> 00:35:43,920
him prior to one was about uh not proper
fire protection with regards to access

479
00:35:40,800 --> 00:35:49,520
and but also two that was spotted
annexation involved. So he was

480
00:35:45,599 --> 00:35:56,480
communicating those issues and the only
the only discussions that were had about

481
00:35:53,119 --> 00:36:03,520
discuss what my or why not
that's a bunch of problem. So just

482
00:36:01,200 --> 00:36:06,800
» okay
>> thank you for all

483
00:36:04,880 --> 00:36:10,720
» taking your time to look at that and
taking your time to make sure

484
00:36:08,960 --> 00:36:15,920
» that it was done correctly. Thank you
for that.

485
00:36:13,280 --> 00:36:22,079
Now still this public hearing is open
because there was a explanation.

486
00:36:19,280 --> 00:36:26,560
So since no one has stepped forward I am
now closing

487
00:36:23,920 --> 00:36:33,920
um this public hearing and at this time
council I'd like to ask for a motion.

488
00:36:31,520 --> 00:36:36,079
May I have a motion?
>> Motion to deny.

489
00:36:35,440 --> 00:36:41,680
» Okay.
>> A second. We have a motion to deny

490
00:36:39,040 --> 00:36:46,160
council member B and a second by council
member Green. On the right have that

491
00:36:45,359 --> 00:36:48,800
Mrs. Davis.
>> Yes, sir.

492
00:36:46,960 --> 00:36:50,960
» At this time, council like to call on
the vote.

493
00:36:50,000 --> 00:36:52,640
» Mrs. Davis.
>> Council member Day.

494
00:36:52,079 --> 00:36:54,079
» Yes.
>> Council member Green.

495
00:36:53,680 --> 00:36:55,440
» Yes.
>> Council member Bailey.

496
00:36:55,119 --> 00:36:57,040
» Yes.
>> Council member Florence.

497
00:36:56,640 --> 00:36:58,160
» Yes.
>> Mayor Low.

498
00:36:57,760 --> 00:37:01,680
» Yes.
>> Thank you.

499
00:36:58,640 --> 00:37:07,680
» Thank you. Proceeding on council. This
is a second reading.

500
00:37:04,400 --> 00:37:11,599
It's an ordinance to amend section 4.16-
C of the merit system rules and

501
00:37:09,680 --> 00:37:17,200
regulation of the city of Ky City,
Alabama. Uh the first reading uh council

502
00:37:14,720 --> 00:37:21,599
was on the 18th of August. I'm not going
to ask the clerk to reread his

503
00:37:19,760 --> 00:37:25,119
ordinance, but however, at this time,
I'd like to call for a motion, please.

504
00:37:23,440 --> 00:37:27,680
May I have a motion?
>> Approve.

505
00:37:25,839 --> 00:37:33,200
» Motion, Council Member Green, second
council member.

506
00:37:29,680 --> 00:37:36,240
Okay. Comments discussed.
All right. Mrs. Davis.

507
00:37:35,200 --> 00:37:37,760
» Council member D.
>> Yes.

508
00:37:36,640 --> 00:37:39,119
» Council member Green.
>> Yes.

509
00:37:38,079 --> 00:37:40,640
» Council member Bailey.
>> Yes.

510
00:37:39,520 --> 00:37:42,240
» Council member Florence.
>> Yes. Mayor Law.

511
00:37:41,839 --> 00:37:45,119
» Yes.
>> Thank you.

512
00:37:43,200 --> 00:37:50,000
» Also, council proceeding on the second
reading is an ordinance to amend section

513
00:37:47,119 --> 00:37:55,040
9.01 of the mayor system rules and
regulations of the city of Phoenix City,

514
00:37:52,480 --> 00:38:00,079
Alabama. Also, this first reading was on
the 18th of August. Not going to ask the

515
00:37:57,520 --> 00:38:03,599
clerk to reread it. However, at this
time, I'd like to ask this council for a

516
00:38:02,000 --> 00:38:06,880
motion, please. Motion to approve.
>> Motion from council member Lawrence. May

517
00:38:05,680 --> 00:38:11,200
I have a second?
>> Second. Council member K. Comments for

518
00:38:09,440 --> 00:38:14,240
discussion.
>> All right. Mrs. Davis.

519
00:38:13,119 --> 00:38:15,599
» Council member Day.
>> Yes.

520
00:38:14,640 --> 00:38:16,960
» Council member Green.
>> Yes.

521
00:38:16,000 --> 00:38:18,480
» Council member Bailey.
>> Yes.

522
00:38:17,359 --> 00:38:20,000
» Council member K.
>> Yes. Mayor Lo.

523
00:38:19,599 --> 00:38:25,040
» Yes.
>> Thank you.

524
00:38:22,320 --> 00:38:28,640
» Seeing on council, I'm in first reading.
We have an ordinance to amend the code

525
00:38:26,800 --> 00:38:36,640
of ordinance of the city of the city of
Alabama. Chapter 38, Health Article 2,

526
00:38:32,400 --> 00:38:42,760
Smoking in Public Places, Section 38-21,
Definition.

527
00:38:39,280 --> 00:38:42,760
Mrs. Thanks.

528
00:38:44,480 --> 00:38:50,839
» An ordinance to amend ordinance number
20835

529
00:38:50,960 --> 00:38:59,680
relating to the code of ordinances of
the city of Phoenix City, Alabama.

530
00:38:55,839 --> 00:39:05,520
Chapter 38, smoking in holy places. Be
it ordained by the city council of the

531
00:39:02,240 --> 00:39:10,800
city of Phoenix City, Alabama. that
chapter 38 of the code of ordinances of

532
00:39:08,320 --> 00:39:17,119
the city of Phoenix City, Alabama,
article 2, smoking in workplaces and

533
00:39:13,760 --> 00:39:23,280
public places, section 38 to 21
definitions is hereby amended as

534
00:39:19,760 --> 00:39:30,640
follows. Article 2, smoking in
workplaces and public places, sect 38 to

535
00:39:27,359 --> 00:39:35,119
21, definitions. The following words and
phrases whenever used in this article

536
00:39:33,280 --> 00:39:40,960
shall have the meanings ascribed to them
in this section except where the context

537
00:39:37,680 --> 00:39:45,040
clearly indicates a different meaning. A
bar means an establishment that is

538
00:39:43,119 --> 00:39:49,839
devoted to the serving of alcoholic
beverages for consumption by guests on

539
00:39:47,359 --> 00:39:54,800
the premises and in which the serving of
food is only incidental to the

540
00:39:52,160 --> 00:40:02,160
consumption of those beverages including
but not limited to taverns, nightclubs,

541
00:39:57,760 --> 00:40:07,520
lounges and cafes. B business means a
sole proprietorship, partnership, joint

542
00:40:04,960 --> 00:40:12,240
venture, corporation, other business
entity, either for-profit or not

543
00:40:10,160 --> 00:40:17,440
for-profit including retail
establishments where goods or services

544
00:40:14,480 --> 00:40:22,720
are sold. Professional corporations and
other entities where legal, medical,

545
00:40:19,920 --> 00:40:28,079
dental, engineering, architectural or
other professional services are

546
00:40:24,320 --> 00:40:34,800
delivered and private clubs. C. City
means city of Phoenix city and police

547
00:40:30,960 --> 00:40:39,119
jurisdiction. D. City council means city
council of the city of Phoenix city.

548
00:40:37,599 --> 00:40:44,480
Employee
means a person who is employed by an

549
00:40:41,599 --> 00:40:49,200
employer in consideration for direct or
indirect monetary wages or profit and a

550
00:40:47,763 --> 00:40:55,760
[clears throat] person who volunteers
his or her services for a nonprofit

551
00:40:51,839 --> 00:41:00,880
entity. F employer means a person,
business, partnership, association,

552
00:40:58,560 --> 00:41:06,800
corporation, including a municipal
corporation, trust or nonprofit entity

553
00:41:04,079 --> 00:41:12,800
that employs the services of one or more
individual persons. G enclosed area

554
00:41:10,480 --> 00:41:18,160
means all space between a floor and
ceiling that is enclosed on all sides by

555
00:41:15,599 --> 00:41:24,560
solid walls or windows which extend from
the floor to the ceiling. H health care

556
00:41:21,359 --> 00:41:30,160
facility means an office or institution
providing care or treatment of one

557
00:41:26,800 --> 00:41:35,680
diseases whether physical, mental or
emotional or other medical,

558
00:41:32,880 --> 00:41:42,240
physiological or psychological
conditions including but not limited to

559
00:41:39,359 --> 00:41:47,119
hospitals, rehabilitation hospitals or
other clinics including weight control

560
00:41:44,720 --> 00:41:52,800
clinics, nursing homes, homes for the
aging or chronically ill laboratories.

561
00:41:49,920 --> 00:41:57,280
and offices of surgeons, chiropractors,
physical therapists, physicians,

562
00:41:54,960 --> 00:42:02,640
dentists, and all specialists within
these professions. This definition shall

563
00:42:00,160 --> 00:42:08,319
include all waiting rooms, hallways,
private rooms, semi-private rooms, and

564
00:42:05,040 --> 00:42:13,119
wards within healthcare facilities. I
place of employment means any area under

565
00:42:11,040 --> 00:42:18,079
the control of a public or private
employer that employees normally

566
00:42:15,359 --> 00:42:23,680
frequent during the course of employment
including but not limited to work areas,

567
00:42:21,119 --> 00:42:28,720
employee lounges, restrooms, conference
rooms, meeting rooms, classrooms,

568
00:42:26,240 --> 00:42:34,560
employee cafeterias, hallways, and
vehicles. A private residence is not a

569
00:42:31,839 --> 00:42:41,040
place of employment unless it is used as
a child care, adult daycare or

570
00:42:37,119 --> 00:42:46,880
healthcare facility. J private club
means an organization whether

571
00:42:43,440 --> 00:42:52,400
incorporated or not which is the owner
lei or occupant of a building or portion

572
00:42:49,920 --> 00:42:58,240
thereof used exclusively for club
purposes at all times which is operated

573
00:42:55,440 --> 00:43:04,319
solely for a recreational fraternal,
social, patriotic, political, benevolent

574
00:43:01,359 --> 00:43:09,359
or athletic purpose but not for peer
gain and which only sells alcoholic

575
00:43:06,640 --> 00:43:13,359
beverages incidental to its operation.
The affairs and management of the

576
00:43:11,040 --> 00:43:17,680
organization are conducted by a board of
directors, the executive committee or

577
00:43:15,520 --> 00:43:22,240
similar body chosen by the members at an
annual meeting. The organization has

578
00:43:20,079 --> 00:43:27,200
established by laws and or a
constitution to govern its activities.

579
00:43:25,040 --> 00:43:32,880
The organization has been granted an
exemption from the payment of federal

580
00:43:29,119 --> 00:43:39,599
income tax as a club under 26 USC
section 5001 K. Public place means an

581
00:43:37,119 --> 00:43:45,839
enclosed area to which the public is
invited or in which the public is

582
00:43:42,079 --> 00:43:51,160
permitted, including but not limited to
banks, bars, educational facilities,

583
00:43:53,760 --> 00:44:02,319
healthc care facilities, hotel and motel
lobbies, laundromats, public

584
00:44:00,160 --> 00:44:06,079
transportation facilities, reception
areas, restaurants, retail food

585
00:44:04,880 --> 00:44:10,640
production, and marketing
establishments, retail service

586
00:44:08,000 --> 00:44:16,000
establishments, retail stores, shopping
malls, sports arenas, theaters, and

587
00:44:13,280 --> 00:44:20,400
waiting rooms. A private club is a
public place when being used for a

588
00:44:18,240 --> 00:44:26,480
function to which the general public is
invited. A private residence is not a

589
00:44:23,760 --> 00:44:33,119
public place unless it is used as a
child care, adult daycare, or healthcare

590
00:44:29,440 --> 00:44:39,599
facility. L restaurants means an eating
establishment including but not limited

591
00:44:35,920 --> 00:44:44,240
to coffee shops, cafeterias, sandwich
stands and private and public school

592
00:44:41,680 --> 00:44:48,640
cafeterias which gives or offers for
sale food to the public guests or

593
00:44:46,480 --> 00:44:52,480
employees as well as kitchens and
catering facilities in which food is

594
00:44:50,640 --> 00:44:57,280
prepared on the premises for serving
elsewhere. The term restaurant shall

595
00:44:55,280 --> 00:45:03,920
include a bar area within the
restaurant. M retail tobacco store means

596
00:45:01,119 --> 00:45:08,319
a retail store utilized primarily for
the sale of tobacco products and

597
00:45:05,920 --> 00:45:14,480
accessories and in which the sale of
other products is merely incidental. N

598
00:45:11,839 --> 00:45:20,000
service line means an indoor line in
which one or more persons are waiting

599
00:45:16,880 --> 00:45:24,599
for or receiving service of any kind
whether or not the service invol

600
00:45:27,680 --> 00:45:35,839
service line means an indoor line in
which one or more persons are waiting

601
00:45:32,720 --> 00:45:39,680
for or receiving service of any kind
whether or not the service invol

602
00:45:40,640 --> 00:45:47,680
Shopping mall means an enclosed public
walkway or hall area that serves to

603
00:45:45,599 --> 00:45:55,119
connect retail or professional
establishments. P smoking means

604
00:45:51,040 --> 00:46:01,440
inhaling. Exhaling, burning or carrying
any lighted cigar, cigarette, pipe, or

605
00:45:58,960 --> 00:46:07,200
other lighted tobacco product in any
manner or in any form. and the use of an

606
00:46:04,720 --> 00:46:12,800
electronic nine delivery system that
uses a battery and heating element in

607
00:46:09,839 --> 00:46:18,560
combination with an e-liquid or tomato
or substitutes thereof to produce a

608
00:46:15,920 --> 00:46:23,920
vapor that delivers nicotine or other
substances to the individual inhaling

609
00:46:21,040 --> 00:46:29,040
from the device to simulate smoking and
includes but is not limited to

610
00:46:26,480 --> 00:46:34,240
electronic cigarette, electronic cigars,
electronic cigar pillows, electronic

611
00:46:31,200 --> 00:46:40,880
pipes, electronic hookas, vape pens,
vape tools, vaping devices, or any

612
00:46:37,040 --> 00:46:47,520
variation of these terms. Q sports arena
means sports pavilions, stadiums,

613
00:46:44,000 --> 00:46:52,319
gymnasiums, health spots, boxing arenas,
swimming pools, roller and ice rinks,

614
00:46:50,000 --> 00:46:56,800
bowling alleys, and other similar places
where members of the general public

615
00:46:54,240 --> 00:47:01,680
assemble to engage in physical exercise,
participate in athletic competition, or

616
00:46:59,280 --> 00:47:06,960
witness sports or other events. The
changes defined herein shall become

617
00:47:03,680 --> 00:47:12,319
effective October 1st, 2026. The
provisions of this ordinance are

618
00:47:08,880 --> 00:47:17,280
separable. If any session, subsection or
provision of this ordinance be for any

619
00:47:14,640 --> 00:47:22,160
reason declared void or invalid, such
invalid shall not affect any other

620
00:47:19,920 --> 00:47:25,400
session, subsection or provisions of
this ordinance.

621
00:47:29,359 --> 00:47:38,480
Council, we've heard the
first reading of the ordinance amended.

622
00:47:36,640 --> 00:47:42,960
At this time, I'd like to ask for a
motion to place on the first

623
00:47:40,079 --> 00:47:47,599
» read.
All right.

624
00:47:44,560 --> 00:47:51,520
Councilman D. Second. Council member
comments on discussion.

625
00:47:50,000 --> 00:47:53,119
Okay. Mrs. Davis.
>> Council member Day.

626
00:47:52,720 --> 00:47:55,680
» Yes.
>> Council member Green.

627
00:47:54,240 --> 00:47:59,119
» Yes. Council member Bailey.
>> Yes.

628
00:47:56,000 --> 00:48:01,920
» Council member K. Yes. May. Yes.
>> Okay.

629
00:48:00,000 --> 00:48:07,200
» Also, first reading council is an
ordinance granting a non-exclusive

630
00:48:03,920 --> 00:48:11,599
franchise to Troy Kvision incorporation
for the purpose of constructing and

631
00:48:09,280 --> 00:48:16,400
maintaining fiber optic infrastructure
network within the public rightways

632
00:48:13,599 --> 00:48:19,400
within the city and city
is

633
00:48:24,640 --> 00:48:32,200
an ordinance renting a non-exclusive
franchise to Troy Cable Vision I

634
00:48:32,400 --> 00:48:42,640
ordinance renting a non-exclusive
franchise to Troy Cable Vision IC

635
00:48:39,599 --> 00:48:46,000
DBA Ceasefire it successors and designs
for the purpose of constructing and

636
00:48:44,160 --> 00:48:51,680
maintaining a fiber optic infrastructure
network within the public reservway

637
00:48:47,760 --> 00:48:57,680
within city of Phoenix city Alabama
resides whereas the city of Phoenix city

638
00:48:55,359 --> 00:49:02,000
Alabama has jurisdiction over the use of
public right away in the city in which

639
00:48:59,599 --> 00:49:07,680
it now or hereafter holds any property
interest including but not limited to

640
00:49:04,720 --> 00:49:13,680
public streets, roadways, highways,
bridges, land paths, boulevards, alleys,

641
00:49:11,280 --> 00:49:19,440
lanes, alleys, sidewalks, circles,
drives, public, public utility,

642
00:49:16,559 --> 00:49:26,000
dedicated utility strips and dedicated
or compatible uses now or after city and

643
00:49:23,440 --> 00:49:30,800
whereas the designs to construct,
install, maintain maintain, operate, and

644
00:49:29,040 --> 00:49:33,920
control a fiber optic infrastructure
network in public right away for the

645
00:49:32,559 --> 00:49:39,280
purpose of offering communication
services including broadband internet

646
00:49:36,400 --> 00:49:45,400
access service as defined in 47 CFR
section 8.1 and voiceover internet

647
00:49:42,000 --> 00:49:45,400
protocol services.

648
00:50:07,760 --> 00:50:13,359
But excluding multi- channeling services
over a cable system that would be

649
00:50:11,760 --> 00:50:18,640
subject to a cable franchise to
residents and businesses in municing

650
00:50:16,880 --> 00:50:22,800
services over a cable system that would
be subject to a cable franchise to

651
00:50:20,559 --> 00:50:27,680
residents and businesses in municipality
and whereas the franchisee has requested

652
00:50:25,760 --> 00:50:32,000
a franchise from the city in order to
construct and maintain a fire optic

653
00:50:29,839 --> 00:50:37,040
infrastructure network within minutes of
the city. And whereas the city council

654
00:50:34,880 --> 00:50:40,800
wishes to accommodate franchises request
and grant a franchise to allow

655
00:50:38,640 --> 00:50:44,160
franchisee to construct and maintain a
firearm infrastructure network in

656
00:50:42,559 --> 00:50:48,640
accordance with the terms and conditions
contained here. Now therefore be the

657
00:50:46,640 --> 00:50:54,960
ordained by the city council of the city
of Phoenix city Alabama as follows.

658
00:50:51,359 --> 00:51:00,079
Defined terms A. Broad services means
the transmission of immigration using

659
00:50:56,800 --> 00:51:05,440
optical fiber. B city means the city of
Phoenix city Alabama. Code means the

660
00:51:03,359 --> 00:51:10,559
city of Phoenix city Alabama municipal
code of ordinances as may from time to

661
00:51:07,599 --> 00:51:17,040
time be amended. D franchisee means
Detroit incired and its focus and its

662
00:51:14,240 --> 00:51:22,000
successors in science. E governing body
or city council means the city council

663
00:51:19,200 --> 00:51:27,200
of the city of Phoenix city, Alabama. F
gross revenues means all local revenue

664
00:51:24,640 --> 00:51:30,960
in what letter form and from all sources
determined in accordance with generally

665
00:51:29,040 --> 00:51:35,040
accepted accounting principles that is
received or approved by franchisee from

666
00:51:33,200 --> 00:51:39,200
a franchisees provision of profit
services within the city with a

667
00:51:36,800 --> 00:51:43,359
deduction for franchises uncolcted
accounts but without deduction for

668
00:51:40,960 --> 00:51:47,119
operating expenses or any other
expenditure not withstanding the

669
00:51:45,200 --> 00:51:53,040
foregoing gross revenue shall not
include in any taxes on services

670
00:51:50,400 --> 00:51:57,440
that areosed by any city, state or other
government unit and collected by

671
00:51:54,559 --> 00:52:01,760
franchisee for such government unit. G
network facilities means equipment and

672
00:51:59,599 --> 00:52:07,599
facilities that may include fiber optic
cables, lines, wires or strips. Concret

673
00:52:05,280 --> 00:52:12,400
vaults, accessles and handles,
electronic equipment, power generators,

674
00:52:09,760 --> 00:52:17,280
batteries, pedestals, boxes, cabinets,
vaults and other similar facilities. H

675
00:52:15,119 --> 00:52:21,920
person means any natural or corporate
person, business association or other

676
00:52:19,680 --> 00:52:25,599
business entity including but not
limited to a partnership, sle

677
00:52:23,680 --> 00:52:29,760
proprietorship, political subdivision,
public or private agency of any kind,

678
00:52:27,839 --> 00:52:34,480
utility, successor or assign of any
other foregoing or any other legal

679
00:52:31,599 --> 00:52:38,720
entity. Use fee means the fee paid by
franchisee to the city for locating,

680
00:52:36,880 --> 00:52:43,200
maintaining and operating network
facilities in the public right of way.

681
00:52:40,720 --> 00:52:48,240
Agreement in consideration of the mutual
promises made below municipality and

682
00:52:45,359 --> 00:52:54,000
franchisee agree as follows. One
permission to use and occupy 1.1

683
00:52:52,000 --> 00:52:58,800
permission to use and occupy public
rightway. Municipality grants franchisee

684
00:52:56,640 --> 00:53:03,520
permission to use and occupy the public
rideway for the purpose of constructing,

685
00:53:01,119 --> 00:53:07,680
installing, repairing, maintaining,
operating and if necessary removing the

686
00:53:06,000 --> 00:53:12,079
network and the related network
facilities. This agreement and the

687
00:53:09,680 --> 00:53:17,200
license do not authorize franchisee to
use any property other than the public

688
00:53:14,000 --> 00:53:21,200
right way. As of herein franchisees use
of any other municipality property

689
00:53:19,119 --> 00:53:24,640
including poles and conduits will be
subject to mutual agreement governed

690
00:53:23,119 --> 00:53:31,800
under a separate written agreement
regarding that use. 1.2 subject to state

691
00:53:27,680 --> 00:53:31,800
of Alabama and local law.

692
00:53:52,160 --> 00:53:57,920
This agreement and the license are
subject to municipalities valid

693
00:53:55,760 --> 00:54:02,319
authority under the state of Alabama and
local laws. This disagreement and the

694
00:54:00,319 --> 00:54:06,960
license are subject to municipalities
valid authority under the state of

695
00:54:03,839 --> 00:54:13,280
Alabama and local laws as they exist now
or may be amended from time to time and

696
00:54:09,680 --> 00:54:18,640
subject to additions set forth in this
1.3 subject to municipalities right to

697
00:54:16,079 --> 00:54:22,960
use public rideway. This agreement and
the license are subject and subordinate

698
00:54:20,640 --> 00:54:27,520
to municipalities prior and continuing
right to use the public rightway

699
00:54:24,960 --> 00:54:32,160
including constructing, installing,
operating, maintaining, repairing or

700
00:54:30,079 --> 00:54:36,559
removing sewers, water pipes, storm
drains, gas pipes, utility poles,

701
00:54:34,559 --> 00:54:42,079
overhead and underground electric lines
and related facilities and other public

702
00:54:38,559 --> 00:54:46,319
utility and municipal uses. 1.4 Subject
to pre-existing property interests.

703
00:54:44,400 --> 00:54:50,000
Municipalities grant of a license is
subject to all valid pre-existing

704
00:54:48,079 --> 00:54:53,920
easements, restrictions, conditions,
covenants, incumbrances, claims of title

705
00:54:52,160 --> 00:54:57,520
or other property interests that may
affect the public right of life.

706
00:54:55,599 --> 00:55:01,280
Franchisee will obtain at its own cost
and expense any permission or rights as

707
00:54:59,520 --> 00:55:05,240
may be necessary to accommodate such
pre-existing property interests.

708
00:55:25,760 --> 00:55:33,760
No grant of property interest. The
license does not grant or convey any

709
00:55:30,400 --> 00:55:36,640
property interest. 1.6. Non-exclusive.
The rights granted to franchisee

710
00:55:35,280 --> 00:55:41,440
pursuant to this agreement are
non-exclusive. Municipality expressly

711
00:55:39,280 --> 00:55:45,839
reserves the right to grant licenses,
permits, franchises, privileges or other

712
00:55:43,920 --> 00:55:49,839
rights to any other person as well as
the right to its own as a municipality

713
00:55:48,000 --> 00:55:53,839
to use the public right away for similar
or different purposes allow franchisee

714
00:55:51,920 --> 00:55:58,160
under this agreement. This agreement
does not establish any priority for the

715
00:55:55,920 --> 00:56:03,040
use of public right away by franchisee
or by any present or future franchises

716
00:56:00,559 --> 00:56:06,880
or other per owners. In the event of any
dispute as to priority of use of public

717
00:56:05,040 --> 00:56:10,640
right away, the first priority shall be
to the public challenge. The second

718
00:56:08,720 --> 00:56:14,960
priority to municipality in the
performance of its various functions and

719
00:56:12,799 --> 00:56:18,960
thereafter as between franchisee and
other franchises and permit owners as

720
00:56:17,280 --> 00:56:22,240
determined by municipality in the
exercise of its reasonable powers

721
00:56:20,640 --> 00:56:26,000
including the police power and other
powers reserved to and conferred on it

722
00:56:24,160 --> 00:56:30,240
by the state of Alabama consistent with
the rights granted to franchisee

723
00:56:27,359 --> 00:56:33,920
pursuant to this agreement. 1.7 backup
power. Franchises shall not use a

724
00:56:32,319 --> 00:56:37,359
permanent or semi-permanent internal
combustion engine to provide backup

725
00:56:35,520 --> 00:56:40,799
power at any point or points on the
network facilities without

726
00:56:38,480 --> 00:56:44,559
municipalities fire approval. Such
approval may be granted subject to

727
00:56:42,720 --> 00:56:48,319
conditions such as relating to testing
times, screening, noise levels and

728
00:56:46,640 --> 00:56:53,200
temperature and safe discharge of hot
exhaust gases. Municipality Hero grants

729
00:56:51,119 --> 00:56:57,119
franchisee approval to use backup power
generating devices including devices

730
00:56:55,359 --> 00:57:01,599
with permanent or semi-permanent
internal combustion engines at these

731
00:56:59,280 --> 00:57:06,160
network cut sites and inside buildings
or on land owned by franchisee subject

732
00:57:04,000 --> 00:57:10,559
to the specific conditions provided for
in the network leases entered into

733
00:57:08,400 --> 00:57:14,559
between franchisee and municipality for
the use of land owned by municipality

734
00:57:12,880 --> 00:57:19,839
and any applicable building code
requirements. 1.8 8 limitation on use

735
00:57:17,760 --> 00:57:23,760
rights. Nothing in this agreement shall
be construed as requiring franchisee to

736
00:57:22,079 --> 00:57:28,160
alter the manner in which franchisee
attaches equipment to the false if any

737
00:57:26,160 --> 00:57:32,160
poles are allowed by municipality or
alter the manner in which it operates

738
00:57:29,839 --> 00:57:38,160
and maintains it equipment. Two,
franchisees obligations. 2.1 individual

739
00:57:35,599 --> 00:57:42,640
permits required. Franchisee will obtain
a municipality's approval of required

740
00:57:40,319 --> 00:57:46,400
individual encroachment, construction,
repair, and maintenance of the member

741
00:57:44,400 --> 00:57:50,079
facilities and other necessary permits
before placing its member facilities in

742
00:57:48,319 --> 00:57:54,240
the public right away or other property
of municipality as authorized.

743
00:57:52,000 --> 00:57:57,520
Franchisee will pay all lawful permit
processing, fields, marking,

744
00:57:55,839 --> 00:58:02,240
engineering, and inspection fees
associated with the issuance of

745
00:57:59,040 --> 00:58:06,960
individual permits by municipality. 2.2
Franchisees sole cost and expense.

746
00:58:04,720 --> 00:58:12,559
Franchisee will perform work at its sole
cost and expense. 2.3 Compliance with

747
00:58:10,240 --> 00:58:16,960
laws. Franchisee will comply with all
applicable federal, state, and local

748
00:58:14,559 --> 00:58:21,520
laws, regulations, and ordinances when
performing the work. Franchisee shall

749
00:58:19,280 --> 00:58:25,440
comply in all sets with all applicable
codes. Franchisee will place his member

750
00:58:24,000 --> 00:58:30,559
facilities in accordance with the
required permits plans and drawings

751
00:58:27,359 --> 00:58:34,640
approved by municipality. 2.4 Reasonable
care. Franchisee will exercise

752
00:58:32,720 --> 00:58:38,160
reasonable care when performing work and
will use commonly accepted practices and

753
00:58:36,480 --> 00:58:41,920
equipment to minimize the risks of
personal injury, property damage, soil

754
00:58:40,160 --> 00:58:47,440
erosion and pollution of service or
groundwater. 2.5 Nois franchisee will

755
00:58:45,760 --> 00:58:52,799
maintain its network facilities in good
and safe condition so that it never

756
00:58:49,200 --> 00:58:57,839
facilities do not cause nuisance. 2.6 no
burden on public rightway minimum

757
00:58:54,720 --> 00:59:02,400
interference franchisee shall not erect,
install, construct, repair or maintain

758
00:59:00,559 --> 00:59:07,119
the network facilities in such fashion
as to undoing burden for present or

759
00:59:04,559 --> 00:59:11,040
future use of the public. The network
facilities shall be erected and

760
00:59:08,799 --> 00:59:14,880
maintained by franchisee so as to cause
a minimum interference with the use of

761
00:59:12,880 --> 00:59:18,319
the public right way and with the rights
or reasonable convenience of property

762
00:59:16,480 --> 00:59:23,839
owners who have join any other public
rightway. The location of network

763
00:59:20,319 --> 00:59:28,400
facilities within on over under across
or through the public right away shall

764
00:59:26,160 --> 00:59:32,720
in all cases be subject to prior
municipality approval through the

765
00:59:30,079 --> 00:59:37,119
applicable permit process. 2.7
Limitation on franchise rights except as

766
00:59:35,359 --> 00:59:41,599
they otherwise be agreed upon in writing
by municipality and franchisee. The

767
00:59:39,280 --> 00:59:46,960
rights granted to franchise here do not
include the right to excavate in,

768
00:59:43,599 --> 00:59:50,480
occupy, or use any municipality park,
recreational areas, or other

769
00:59:48,720 --> 00:59:55,680
municipality property other than the
public right away or attach or locate

770
00:59:53,200 --> 00:59:59,440
any member facilities to or on or
otherwise utilize any of any

771
00:59:57,760 --> 01:00:03,359
municipality owned property or
facilities or structures other than

772
01:00:01,440 --> 01:00:08,559
public right away including without
limitation, light, towers, buildings,

773
01:00:05,760 --> 01:00:12,160
and trees. The use of such municipality
owned property or facilities by

774
01:00:10,319 --> 01:00:16,480
franchisee shall be considered by
municipality on a case-by case basis and

775
01:00:14,640 --> 01:00:21,200
may subject to payment of additional
compensation to municipality. Similarly,

776
01:00:18,960 --> 01:00:25,839
the rights granted in by municipality to
franchisee do not include the right to

777
01:00:23,119 --> 01:00:29,680
situate any facilities on poles or other
property owned by entities other than

778
01:00:27,599 --> 01:00:33,920
municipality and situated in public
right away. It shall be responsibility

779
01:00:31,839 --> 01:00:37,280
of franchisee to negotiate any pole
attachment agreements or similar

780
01:00:35,440 --> 01:00:42,319
agreements with the owners of such poles
or facilities and to pay to such any

781
01:00:39,760 --> 01:00:46,160
required compensation. 2.8 pre-
construction days franchisee shall

782
01:00:44,559 --> 01:00:51,599
attend all reasonably necessary
pre-construction days as mutually agreed

783
01:00:48,400 --> 01:00:57,040
with municipality. 2.9 Restoration of
Property Franchisee shall restore and

784
01:00:54,160 --> 01:01:00,799
replace at its sole cost and assess in a
manner reasonably approved by

785
01:00:58,480 --> 01:01:06,000
municipality any public or private
property real or personal or portion of

786
01:01:03,599 --> 01:01:10,799
the public right away that is disturbed,
damaged or injured by the construction,

787
01:01:08,400 --> 01:01:14,720
operation, maintenance or removal of the
network facilities to at least as good

788
01:01:12,880 --> 01:01:19,599
condition as that which existed prior to
the if such damage is directly caused by

789
01:01:17,359 --> 01:01:23,920
franchises work and no other person
other than franchises personnel,

790
01:01:21,839 --> 01:01:27,839
employees, agents, contractors,
subcontractors or athletics is

791
01:01:25,680 --> 01:01:32,000
responsible for damage. Franchise
obligation in this subsection shall be

792
01:01:29,839 --> 01:01:35,280
limited by and consistent with any
applicable seasonal or other

793
01:01:33,599 --> 01:01:39,280
restrictions on destruction or
restoration work. Franchisees

794
01:01:37,119 --> 01:01:43,040
restoration work shall serve but not
more than 60 days of franchise being

795
01:01:41,200 --> 01:01:48,000
notified of the problem in question.
Upon the failure of franchisee to affect

796
01:01:45,280 --> 01:01:52,079
such repair or restoration, municipality
may affect the same and franchise shall

797
01:01:50,319 --> 01:01:56,240
not reimburse municipality for
municipalities actual, reasonable and

798
01:01:54,240 --> 01:02:02,079
documented costs in connection with such
repair or restoration. 2.10 emergency

799
01:01:59,599 --> 01:02:05,839
notification. Franchise shall provide
municipality with a 24-hour emergency

800
01:02:04,480 --> 01:02:11,720
telephone number at which a
representative of franchisee can access

801
01:02:07,920 --> 01:02:11,720
in the event of an emergency.

802
01:02:32,480 --> 01:02:39,839
2.11 duty to underground. It is a policy
of municipality to have lines and cables

803
01:02:38,160 --> 01:02:43,680
placed underground to the greatest
extent reasonably practical as

804
01:02:41,680 --> 01:02:47,440
determined by the municipality. In
furance of this policy, franchisee

805
01:02:46,000 --> 01:02:51,119
agrees that they shall place its
constructed lines and cables underground

806
01:02:49,200 --> 01:02:54,960
to the extent reasonably practical as
determined by the municipality provided.

807
01:02:52,880 --> 01:03:00,880
However, the franchisees network sites
may be above 2.12 discontinuence and

808
01:02:58,640 --> 01:03:04,960
removal of the network facilities. Upon
the revocation, termination or

809
01:03:03,040 --> 01:03:08,720
expiration of the grant unless an
extension is granted by municipality in

810
01:03:06,880 --> 01:03:12,640
its discretion, franchisee shall
discontinue the original services and

811
01:03:10,720 --> 01:03:16,960
all rights of franchisee to use the
public right away for original services

812
01:03:14,559 --> 01:03:21,680
shall cease. Franchisee at the direction
of municipality shall remove any portion

813
01:03:19,119 --> 01:03:26,319
of facilities and restore such right
away and other affected property in

814
01:03:23,440 --> 01:03:31,520
accordance with section 2.9 within the
right. Alternatively usually agreed by

815
01:03:29,200 --> 01:03:35,839
franchise as municipality such
facilities may be abandoned in place or

816
01:03:33,839 --> 01:03:40,240
transferred to municipality. This
section 2.12 shall not apply to

817
01:03:38,480 --> 01:03:44,240
facilities constructed and owned by a
franchisee or an affiliate of franchisee

818
01:03:42,640 --> 01:03:50,119
where such facilities are used by
franchisee or such affiliate to lawfully

819
01:03:46,480 --> 01:03:50,119
provide other services.

820
01:04:06,960 --> 01:04:14,960
No sh on any red bond nor any shop
discharge as planned. The municipality

821
01:04:12,640 --> 01:04:21,039
has certified in writing that the
facilities has been disled

822
01:04:18,559 --> 01:04:27,760
removed and all other property restored
to satisfaction of municipality. 2.13

823
01:04:24,720 --> 01:04:31,599
Tree Train Franchise may trim trees upon
and overhanging the public right away so

824
01:04:29,760 --> 01:04:35,280
as to prevent the branches of such trees
from coming into contact with the

825
01:04:33,039 --> 01:04:39,280
network facilities. French shall
minimize the training of trees to train

826
01:04:37,280 --> 01:04:43,599
only those trees that are essential to
maintain the integrity of the network

827
01:04:40,880 --> 01:04:47,520
facilities except emergencies. All
training of trees in the public rideway

828
01:04:45,599 --> 01:04:50,720
or on municipal property shall have the
prior approval of municipality and shall

829
01:04:49,520 --> 01:04:54,400
be done under the direction of the
municipality's horulturist or in the

830
01:04:52,960 --> 01:04:58,160
event that officies taken the
municipality's public works director and

831
01:04:56,319 --> 01:05:02,760
all training trees on private property
shall require the consent of the

832
01:04:59,520 --> 01:05:02,760
property owner.

833
01:05:23,119 --> 01:05:31,440
All training shall be done at the
expense of franchisee. 2.14 location of

834
01:05:28,400 --> 01:05:35,520
facilities. Franchise shall be accurate.
Complete and current maps and records of

835
01:05:33,520 --> 01:05:37,920
network facilities and all franchise
facilities.

836
01:05:38,480 --> 01:05:41,480
emergency

837
01:05:50,880 --> 01:05:56,839
2.1
franchisee shall purchas

838
01:05:57,760 --> 01:06:01,799
in electronic especially

839
01:06:02,799 --> 01:06:09,440
copies of any new or revised nasal
electrons as and if they are generated

840
01:06:07,839 --> 01:06:12,960
for portions of network facilities
located within municipality and will

841
01:06:11,359 --> 01:06:17,440
provide them to municipality upon
reasonable request and on a mutually

842
01:06:15,280 --> 01:06:21,240
agreed timetable subject to applicable
confidentiality protections.

843
01:06:38,640 --> 01:06:44,559
Upon request by municipality in an
emergency, franchisee as soon as

844
01:06:42,960 --> 01:06:48,400
reasonably practical shall inform
municipality of any changes for such

845
01:06:46,319 --> 01:06:51,839
maps and records previously supplied and
shall mark up any maps provided by

846
01:06:50,079 --> 01:06:58,240
municipality so as to show the location
of the network facilities. 2.14

847
01:06:54,880 --> 01:07:03,920
point 2. The as built maps shall include
admin all facilities located in second

848
01:07:01,920 --> 01:07:09,599
and facility rights and shall be drawn
to sale. 2.14.3

849
01:07:07,119 --> 01:07:14,160
municipality agrees that franchisee may
provide root maps rather than the

850
01:07:11,359 --> 01:07:17,680
asphalt task specified above. Root maps
means asphalt maps with only the

851
01:07:16,160 --> 01:07:22,319
following information removed.
Information on lines, whether lines are

852
01:07:20,240 --> 01:07:27,119
copper or fiber, and the nature of any
electronics, concrete pads for pestals

853
01:07:24,880 --> 01:07:32,880
and enclosures for equipment or pestals
shall be shown on mass. 2.15 utility

854
01:07:30,480 --> 01:07:37,920
notification program. Franchisee and
municipality shall comply with state and

855
01:07:35,359 --> 01:07:43,440
local utility location and locations
including 8001. Franchisee or

856
01:07:41,520 --> 01:07:49,039
franchisees contractor will request
locates and municipality shall provide

857
01:07:45,599 --> 01:07:53,359
locates of facilities as required by 811
law and regulations at all times during

858
01:07:51,599 --> 01:07:59,240
and after the installation of network
facilities. Franchise shall respond to

859
01:07:55,359 --> 01:07:59,240
all emergency location

860
01:08:03,119 --> 01:08:09,680
with respect to location of its existing
public utility. Municipality agrees that

861
01:08:08,240 --> 01:08:12,960
during the period of franchises
installation of network facilities

862
01:08:11,119 --> 01:08:18,000
pursuant to this agreement, municipality
will locate all municipality public

863
01:08:14,720 --> 01:08:22,560
utility lines as required by 81 laws and
relations. It shall be the duty of

864
01:08:20,239 --> 01:08:27,520
franchisee or its contractor to request
municipality to locate the public

865
01:08:24,239 --> 01:08:32,560
utility lines. 2.16 Inspection by
municipality network facilities shall be

866
01:08:30,159 --> 01:08:36,239
subject to inspection by municipality to
the extent recently requested by

867
01:08:34,159 --> 01:08:40,400
municipality and reasonably necessary to
assure compliance by franchisee with the

868
01:08:38,319 --> 01:08:44,560
terms of this agreement. Municipality
shall inspect network facilities at

869
01:08:42,480 --> 01:08:48,719
reasonable mutually agreed upon times
and upon reasonable notice to franchisee

870
01:08:46,880 --> 01:08:54,159
provided. However, the inspection shall
not interrupt or interfere with any

871
01:08:50,799 --> 01:08:58,799
services provided by franchisee 2.17
franchisee as consideration for the use

872
01:08:56,719 --> 01:09:02,440
of the city's public right away as set
forth in this agreement.

873
01:09:22,880 --> 01:09:33,239
The franchisee shall pay the city a used
fee of 5% franchise shall pay a

874
01:09:27,839 --> 01:09:33,239
franchise fee of 5% of its gross reven

875
01:09:37,120 --> 01:09:46,480
during each calendar
year of operation under this

876
01:09:43,600 --> 01:09:50,799
agreement. based on
the financials. The franchisee will pay

877
01:09:48,960 --> 01:09:54,560
the use fee collected from his customers
for the services annually within 45

878
01:09:53,358 --> 01:09:58,719
[clears throat] days of the close of
franchisees fiscal year which ends

879
01:09:56,159 --> 01:10:02,719
December 31st. Each used to be payment
shall accompanied by a certified report

880
01:10:00,719 --> 01:10:05,760
from a representative of the franchisee
which shows the basis for the

881
01:10:04,000 --> 01:10:08,960
computation of all recurring monthly
broadband service charges from the

882
01:10:07,280 --> 01:10:12,719
provision of broadband services to
persons located within the city limits

883
01:10:10,880 --> 01:10:16,719
during the franchisees fiscal year for
which such payment is made. In the event

884
01:10:14,880 --> 01:10:20,159
that the used fee payment is not
actually received by the city on or

885
01:10:18,320 --> 01:10:24,159
before the applicable due date set forth
in the section or is underpaid.

886
01:10:22,239 --> 01:10:28,080
franchisee shall pay in addition to the
UC payment or some do interest from the

887
01:10:26,560 --> 01:10:32,800
due date at the state's legal interest
rate of 8% annually. If franchisee does

888
01:10:31,120 --> 01:10:36,719
not provide broadband services to
customer within the municipal boundaries

889
01:10:34,400 --> 01:10:40,080
of the city, then the franchisee shall
pay the city annually per linear foot

890
01:10:38,719 --> 01:10:43,920
for the use of the city's public
rightway once the fiber is lit and

891
01:10:42,000 --> 01:10:47,520
carrying traffic commercially. In the
event the city should conduct a review

892
01:10:45,600 --> 01:10:51,679
of franchisees books and records and
such review indicates a use fee

893
01:10:49,280 --> 01:10:55,920
underpayment of 5% or more during the
entire period reviewed. The franchisee

894
01:10:53,920 --> 01:11:00,719
shall assume all reasonable documented
costs of such audit and pay same upon

895
01:10:58,080 --> 01:11:04,480
demand by the city. City may no more
than once annually audit franchisees

896
01:11:02,880 --> 01:11:08,400
books and records to the extent
necessary to assure payment in

897
01:11:06,239 --> 01:11:11,520
accordance with this franchise. All
documents pertaining to financial

898
01:11:09,840 --> 01:11:15,440
matters which may be the subject of an
audit by the city shall be retained by

899
01:11:13,280 --> 01:11:19,600
the franchisee for a minimum period of 6
years. Once any audit period has been

900
01:11:17,840 --> 01:11:24,640
completed, such audit period of the
franchisees books and records shall not

901
01:11:21,520 --> 01:11:28,960
again be a subject of any audit. 3.1
Emergency removal or relocation by

902
01:11:26,800 --> 01:11:32,640
municipality. In the event of a public
emergency that creates an imminent

903
01:11:30,400 --> 01:11:37,040
threat to the health, safety or property
of municipality or its residents,

904
01:11:34,640 --> 01:11:40,000
municipality may remove or relocate the
applicable portions of the network

905
01:11:38,320 --> 01:11:44,159
facilities without prior notice to
franchisee. Municipality will however

906
01:11:42,400 --> 01:11:48,480
make best efforts to provide prior
notice to franchisee before making an

907
01:11:46,080 --> 01:11:51,679
emergency removal or relocation. In any
event, municipality will promptly

908
01:11:50,159 --> 01:11:55,600
provide to franchisee a written
description of any emergency removals or

909
01:11:53,760 --> 01:12:00,320
relocations of franchises never
facilities. Franchisee will reimburse

910
01:11:57,840 --> 01:12:04,640
municipality for its actual reasonable
and documented costs or expenses

911
01:12:02,640 --> 01:12:08,159
incurred for any such work performed by
municipality. The direct cause of which

912
01:12:06,640 --> 01:12:12,320
was franchises construction,
installation, operation, maintenance,

913
01:12:10,400 --> 01:12:18,080
repair or removal of its network
facilities. 3.2 Relocation to

914
01:12:15,600 --> 01:12:21,360
accommodate governmental purposes. If
franchises then existing network

915
01:12:19,920 --> 01:12:25,120
facilities would interfere with
municipalities planned use of the public

916
01:12:23,120 --> 01:12:28,800
rightway or other municipality property
or a legitimate non-commercial

917
01:12:26,800 --> 01:12:34,560
governmental purpose such as the
construction, installation, repair,

918
01:12:31,760 --> 01:12:41,600
maintenance or operation of a new water,
sewer or storm drain line or a public

919
01:12:37,360 --> 01:12:45,360
road, curb, gutter, sidewalk, park or
recreational facility. Or in the event

920
01:12:43,760 --> 01:12:50,000
the affected public right ofway is
lawfully vacated, eliminated,

921
01:12:47,920 --> 01:12:56,120
discontinued or closed by the
municipality, franchisee will upon

922
01:12:52,320 --> 01:12:56,120
written notice from municipality.

923
01:13:16,560 --> 01:13:23,199
relocate its network facilities at
franchisees only expense to such other

924
01:13:20,719 --> 01:13:28,320
location or locations and relocate it
facility a franchise

925
01:13:26,320 --> 01:13:32,000
is taking into account the needs of the
municipality's governmental purpose and

926
01:13:30,159 --> 01:13:36,400
franchises interest in maintaining the
integrity and stability of it network

927
01:13:34,320 --> 01:13:39,520
franchisee will relocate its network
facilities within a commercially

928
01:13:37,840 --> 01:13:44,159
reasonable full period of time agreed to
by the parties taking into account the

929
01:13:41,920 --> 01:13:48,080
urgency of the need for relocation, the
difficulty of the relocation and other

930
01:13:46,000 --> 01:13:51,679
relevant facts and circumstances except
that municipality may not require

931
01:13:49,679 --> 01:13:55,760
franchisee to relocate or remove his
network facilities with less than 180

932
01:13:53,760 --> 01:13:59,760
days notice. Upon the failure of
franchisee to relocate any network

933
01:13:57,840 --> 01:14:04,400
facilities within a reasonable period of
time in accordance with this subsection,

934
01:14:02,080 --> 01:14:08,640
municipality may affect such relocation
and franchisee shall promptly reimburse

935
01:14:06,480 --> 01:14:12,480
municipality for all actual reasonable
and documented costs and expenses

936
01:14:10,640 --> 01:14:18,239
incurred by municipality in connection
with such relocation. 3.3 Relocation to

937
01:14:15,920 --> 01:14:21,679
accommodate non-governmental purposes.
If franchises then existing network

938
01:14:20,320 --> 01:14:25,280
facilities would interfere with
municipality's planned use of the public

939
01:14:23,360 --> 01:14:29,120
rightway for a non-governmental purpose
or a third party's use of public

940
01:14:26,960 --> 01:14:34,320
rightway franchisee will not be required
to relocate his network facilities. 3.4

941
01:14:31,920 --> 01:14:38,400
Four, non-discrimination. Any agreements
between municipality and franchisee that

942
01:14:36,640 --> 01:14:43,360
provide franchisee access to public
infrastructure, poles, conduits, assets,

943
01:14:41,199 --> 01:14:47,199
and public rightway will be available to
other network operators that offer

944
01:14:45,040 --> 01:14:51,040
broadband internet access services on
rates, terms, and conditions that are as

945
01:14:49,199 --> 01:14:57,760
favorable as those municipality provides
franchisee for the same access. Four,

946
01:14:54,080 --> 01:15:02,239
contractors and subcontractors. 4.1, use
of contractors and subcontractors.

947
01:15:00,000 --> 01:15:07,440
Franchise may entertain contractors and
subcontractors to perform the work on

948
01:15:04,080 --> 01:15:11,600
franchises behalf. 4.2 Contractors to be
licensed. Franchises, contractors, and

949
01:15:09,760 --> 01:15:16,239
subcontractors used to work will be
properly licensed under applicable law,

950
01:15:13,440 --> 01:15:20,560
regulations and ordinances. 4.3
authorized individuals. Franchises,

951
01:15:18,640 --> 01:15:25,199
contractors, and subcontractors may
submit individual permanent applications

952
01:15:22,400 --> 01:15:28,719
to municipality on franchises behalf so
long as the current applications are

953
01:15:26,800 --> 01:15:32,880
signed by individuals that franchisee
has authorized to act on his behalf via

954
01:15:31,040 --> 01:15:37,120
a letter of authorization provided to
municipality in the form attached as

955
01:15:34,640 --> 01:15:40,400
exit A. Municipality will accept or
review permit applications under

956
01:15:38,640 --> 01:15:43,679
disagreement submitted as signed by
authorized individuals and will treat

957
01:15:42,080 --> 01:15:48,239
those applications as if they have been
submitted by franchising under this

958
01:15:45,120 --> 01:15:54,320
agreement. Five, defense and identity.
5.1 Identification. Franchisee shall

959
01:15:51,679 --> 01:15:58,800
identify, defend and hold harmless
mutuality and governmental subdivisions

960
01:15:56,719 --> 01:16:05,199
thereof and its respective house
members, officers, boards, commissions,

961
01:16:01,840 --> 01:16:11,840
attorneys, agents and employees from and
against any and all liability

962
01:16:08,640 --> 01:16:16,400
damages, penalties, claims, costs,
charges, losses, and expenses arising

963
01:16:14,560 --> 01:16:20,159
from any third party claim of personal
injury or property damage that may be

964
01:16:18,560 --> 01:16:23,440
imposed upon.
by [clears throat] or be asserted

965
01:16:21,280 --> 01:16:29,960
against the indemnities by reason of any
negligent act or omission of franchisee

966
01:16:26,000 --> 01:16:29,960
its personnel employees.

967
01:16:50,640 --> 01:16:58,480
agents, contractors, subcontractors or
affiliates which may arise out of the

968
01:16:55,760 --> 01:17:02,640
construction, installation, operation,
maintenance or condition of the network

969
01:17:00,400 --> 01:17:07,120
facilities or the franchisees failure to
comply with any applicable federal,

970
01:17:04,719 --> 01:17:11,520
state or local statute, ordinance or
regulation provided that municipality

971
01:17:09,760 --> 01:17:16,000
has complied with applicable state and
local utility location and notification

972
01:17:13,600 --> 01:17:21,520
laws including including Alabama's 81
law and or the private service line has

973
01:17:18,800 --> 01:17:26,400
complied with clinical state location
and notification laws including

974
01:17:23,199 --> 01:17:29,840
Alabama's 811 law. Further franchisees
identification obligation shall not be

975
01:17:28,320 --> 01:17:35,840
extended to liability to the extent
caused by negence or willful misconduct

976
01:17:32,080 --> 01:17:40,400
by any or any other third party. 5.2
Two, assumption of risk. Franchise

977
01:17:38,400 --> 01:17:44,480
undertakes and assumes for its officers,
agents, contractors, and subcontractors

978
01:17:42,480 --> 01:17:48,320
and employees all risk of dangerous
conditions if any, on or about any

979
01:17:46,880 --> 01:17:54,159
municipality owned or controlled
property, including public RWS. 5.3

980
01:17:51,679 --> 01:17:57,440
defense of identities in the event any
third party legal proceedings shall be

981
01:17:55,679 --> 01:18:01,360
brought against the identities upon
written notice from municipality in

982
01:17:59,040 --> 01:18:04,960
accordance to section 5.4 here.
Franchise [clears throat] shall

983
01:18:02,640 --> 01:18:09,280
franchise soul cost and assets assume
sole control of the identified portion

984
01:18:06,640 --> 01:18:14,719
of the third party overseeing subject to
municipality may appoint non controls

985
01:18:13,199 --> 01:18:19,120
and any settlement requiring
municipality to admit liability pay

986
01:18:16,880 --> 01:18:25,600
money or take any action will require
municipalities prior consent not to be

987
01:18:21,600 --> 01:18:30,320
unreasonable condition or 5.4 afford
notice cooperation and expenses.

988
01:18:28,320 --> 01:18:34,640
Municipality must be a franchisee
written notice of any third party legal

989
01:18:32,400 --> 01:18:38,560
proceeding not later than 20 days after
municipality becomes aware of the third

990
01:18:36,480 --> 01:18:41,760
party legal proceeding. Municipality
shall reasonably cooperate with

991
01:18:40,000 --> 01:18:45,199
franchisee in the defense of the third
party legal proceeding and nothing

992
01:18:43,440 --> 01:18:48,560
herein shall be screwed to prevent
municipality from appointing its own

993
01:18:47,120 --> 01:18:54,000
non-controlling council at
municipality's sole costs.

994
01:18:51,199 --> 01:18:58,480
Six, limitation of liability. Neither
party will be liable for any indirect,

995
01:18:56,320 --> 01:19:02,560
special, incidental, consequential,
exemplary, or punitive damages in

996
01:19:00,640 --> 01:19:06,640
connection with this grant. The parties
acknowledge that this limitation will be

997
01:19:04,400 --> 01:19:11,840
subject to and may be limited by
applicable law. Seven, right of way bond

998
01:19:09,520 --> 01:19:16,880
within 30 days of the effective date.
Franchisee shall provide mun with and

999
01:19:14,640 --> 01:19:21,440
shall maintain a right of bond from a
shed company in the amount of $50,000

1000
01:19:19,440 --> 01:19:26,080
and in a form reasonably acceptable to
munic as a security for faithful

1001
01:19:23,679 --> 01:19:32,239
performance by of the versions of this
agreement. 7.1 The rights provided by

1002
01:19:29,600 --> 01:19:36,960
section and are in addition to all other
rights of municipality whether or

1003
01:19:34,880 --> 01:19:41,040
authorized by law and no action
receiving or exercise of right with

1004
01:19:38,960 --> 01:19:45,360
respect to such law guarantee shall
affect any other rights municipality may

1005
01:19:43,040 --> 01:19:50,880
have except that municipality shall not
be entitled to multiple remedies for the

1006
01:19:47,280 --> 01:19:56,880
same violation 8 insurance 8.1
franchisee will carry and maintain 8.1.1

1007
01:19:55,120 --> 01:20:01,120
commercial general liability insurance.
The policy lends not less than $2

1008
01:19:58,640 --> 01:20:04,239
million in aggregate and $2 million for
each occurrence covering bodily injury

1009
01:20:02,960 --> 01:20:09,440
and property damage [clears throat] with
the following features. CGL primary

1010
01:20:06,800 --> 01:20:13,280
insurance endorsement and CGL policy
will include an endorsement which means

1011
01:20:11,199 --> 01:20:18,880
the municipality, its employees and
officers as additional insurance. 8.1.2

1012
01:20:17,199 --> 01:20:23,440
workers compensation insurance with
policy limits not less than

1013
01:20:20,480 --> 01:20:27,040
municipalities requirements. 8.2 Two,
all insurance certificates,

1014
01:20:24,960 --> 01:20:30,880
endorsements, coverage verifications,
and other items required for this permit

1015
01:20:29,520 --> 01:20:34,560
will be mailed directly to
municipalities insurance compliance

1016
01:20:32,560 --> 01:20:38,400
representative upon municipality's
request. Franchise shall provide

1017
01:20:36,719 --> 01:20:44,320
municipality with certificates of
insurance charge prior to his first

1018
01:20:41,760 --> 01:20:49,199
permit. Franchise shall annually provide
municipality with a certificate of

1019
01:20:45,920 --> 01:20:53,360
insurance charge. Failure to obtain and
maintain any insurance policy required

1020
01:20:51,280 --> 01:20:58,800
by discretion shall be deemed material
breach of this agreement and shall

1021
01:20:55,360 --> 01:21:03,199
termination of this and franchise
contractors franchises contractors and

1022
01:21:01,040 --> 01:21:08,560
subcontractors working in public right
shall carry in full force commercial

1023
01:21:05,520 --> 01:21:14,040
general automobile liability and workers
compensation and employers

1024
01:21:11,040 --> 01:21:14,040
com

1025
01:21:15,679 --> 01:21:23,280
may provide such challenges for any or
all its contractors or subcontractors.

1026
01:21:19,920 --> 01:21:27,280
8.4 Insurance primary franchisees
insurance coverage shall be primary

1027
01:21:24,960 --> 01:21:32,080
insurance with respect to his county,
his officers, agents, employees, elected

1028
01:21:30,000 --> 01:21:36,159
and appointed officials, departments,
boards and commissions, but only for

1029
01:21:34,239 --> 01:21:40,880
actions of franchisee and for whom
franchisee is responsible. Any insurance

1030
01:21:38,640 --> 01:21:45,040
or self insurance maintained by any of
them shall be in excess of franchises

1031
01:21:43,280 --> 01:21:49,520
insurance and shall not contribute to
it. Where insurance or self insurance

1032
01:21:47,360 --> 01:21:54,719
maintained by any of them includes any
contract or agreement providing any type

1033
01:21:51,840 --> 01:21:59,040
of identification or defense obligation
provided to or for the benefit of them

1034
01:21:56,880 --> 01:22:03,040
from any source and includes any self
insurance program or policy or

1035
01:22:00,800 --> 01:22:07,920
selfinsure detention or deductible by
for or on behalf of them. Nine term.

1036
01:22:06,080 --> 01:22:12,080
This agreement is effective on the later
of the date the last party to sign execs

1037
01:22:10,159 --> 01:22:16,639
agreement and the date on which any
implementing ordinance becomes effective

1038
01:22:14,000 --> 01:22:20,800
in accordance with his terms and law.
This agreement will expire automatically

1039
01:22:18,719 --> 01:22:24,800
on the 10th anniversary of the effective
date unless early terminated in

1040
01:22:22,800 --> 01:22:31,120
accordance with the provisions herein.
10 termination 10.1 termination by

1041
01:22:28,480 --> 01:22:34,960
municipality. Municipality may terminate
this agreement if franchisee is in a

1042
01:22:33,199 --> 01:22:38,880
material breach of the agreement
provided that municipality must first

1043
01:22:37,040 --> 01:22:43,280
provide a franchisee written notice of
breach and not less than 180 days to

1044
01:22:41,199 --> 01:22:47,360
cure unless the cure cannot be
reasonably accomplished in that time

1045
01:22:44,800 --> 01:22:51,600
period in which case the municipality
may in its discretion grant franchisee

1046
01:22:49,840 --> 01:22:55,760
additional time upon the request of
franchisee provided that franchisee must

1047
01:22:54,000 --> 01:22:58,960
commence in efforts to cure within that
time period and the cure period will

1048
01:22:57,520 --> 01:23:02,560
continue as long as such diligent
efforts Continue. In the event

1049
01:23:00,800 --> 01:23:08,080
municipality still seeks to terminate
the agreement, municipality shall cause

1050
01:23:05,120 --> 01:23:11,920
to be served upon franchisee at least 20
days prior to the date of such a govern

1051
01:23:10,000 --> 01:23:15,120
by meeting, a written notice of intent
to request such termination, the

1052
01:23:13,520 --> 01:23:19,360
provisions of this agreement under which
termination is sought and the time and

1053
01:23:17,120 --> 01:23:22,960
place of meeting. Public notice shall be
given of meeting and issues that the

1054
01:23:21,040 --> 01:23:27,400
governing body is to consider pursuance
to the requirements of Alabama law.

1055
01:23:47,840 --> 01:23:54,159
The governing body shall hear and
consider the issue and shall hear any

1056
01:23:51,360 --> 01:23:57,840
person shall hear and consider the issue
and shall hear any person interested

1057
01:23:56,080 --> 01:24:02,159
therein. and shall determine whether or
not any society shall other in mind

1058
01:24:00,239 --> 01:24:08,520
consider the issue and shall hear any
person interested therein and shall

1059
01:24:04,800 --> 01:24:08,520
determine whether or

1060
01:24:08,639 --> 01:24:14,000
if the governing body shall determine
that the violation was the fault of

1061
01:24:11,600 --> 01:24:18,080
franchisee and within its control. The
governing body may by resolution seek

1062
01:24:16,320 --> 01:24:22,080
specific performance of any provisions
which reasonably lends itself to such

1063
01:24:19,760 --> 01:24:26,639
revenue as an alternative to damages.
commence an action outlaw for monetary

1064
01:24:24,080 --> 01:24:29,920
damages or declare a substantial breach
and declare that this agreement shall be

1065
01:24:28,239 --> 01:24:33,520
terminated unless there is compliance
within such period as a government body

1066
01:24:31,679 --> 01:24:37,520
may fix. Such period [clears throat] not
to be less than 60 days provided no

1067
01:24:35,840 --> 01:24:41,679
opportunity for compliance need be
granted for fraud or misrepresentation.

1068
01:24:40,000 --> 01:24:45,360
Nothing herein shall be construed as a
waiver or forfeiture of any right or

1069
01:24:43,600 --> 01:24:48,960
remedy that either party may have
concerning or arising out of this

1070
01:24:47,040 --> 01:24:52,080
agreement, including the right to seek
judicial redress or any breach or

1071
01:24:50,719 --> 01:24:55,840
violation of the terms of this
agreement. No termination under the

1072
01:24:54,080 --> 01:25:02,000
subsection will be effective until the
relevant cure period has expired. 10.2

1073
01:24:59,040 --> 01:25:06,159
termination by franchisee franchisee may
terminate this agreement for convenience

1074
01:25:03,920 --> 01:25:11,520
account 180 days written notice to
municipality. 11. Assignment except as

1075
01:25:09,360 --> 01:25:15,840
set or below, neither party may assign
or transfer its rights or obligations

1076
01:25:13,600 --> 01:25:19,280
under this agreement in whole or part to
a third party without the written

1077
01:25:17,440 --> 01:25:23,440
consent of the other party without the
written consent of the other party. Any

1078
01:25:21,440 --> 01:25:27,040
agreed upon assenee will take the place
of the assigned party and the assigning

1079
01:25:25,520 --> 01:25:31,679
party will be released from all of its
rights and obligations upon such

1080
01:25:28,719 --> 01:25:35,520
assignment. 11.1 Notwithstanding the
foregoing franchisee may assign or

1081
01:25:33,760 --> 01:25:39,280
transfer its rights or obligations under
this agreement in whole or in part to an

1082
01:25:37,600 --> 01:25:42,480
affiliate without the priority consent
of municipality. Following any

1083
01:25:41,199 --> 01:25:45,600
assignment of this agreement to
affiliate franchisee will remain

1084
01:25:44,159 --> 01:25:49,040
responsible for such affiliates
performance under the terms of this

1085
01:25:46,960 --> 01:25:54,320
agreement. For purposes of this session,
affiliate means any person that now or

1086
01:25:51,920 --> 01:26:00,080
in the future directly or indirectly
controls is controlled with or by or is

1087
01:25:57,360 --> 01:26:05,120
under common control with franchisee and
control means with respect to a US

1088
01:26:02,800 --> 01:26:10,080
corporation. The ownership directly or
indirectly of 50% or more of the voting

1089
01:26:07,679 --> 01:26:14,960
power to elect directors thereof or a
nonu corporation s corporation. If the

1090
01:26:12,960 --> 01:26:19,920
voting power to elect directors thereof
is less than 50% the maximum amount

1091
01:26:17,600 --> 01:26:24,560
allowed by applicable law and any other
person 50% or more ownership interest in

1092
01:26:22,480 --> 01:26:29,120
said person or the power to direct the
management of such person. 12 notice all

1093
01:26:27,600 --> 01:26:32,960
notices related to this agreement will
be in writing and sent give to

1094
01:26:30,880 --> 01:26:36,639
franchisee to email addresses set forth
below and give to municipality to the

1095
01:26:35,040 --> 01:26:40,560
address set forth in municipality
signature lock to this agreement. If

1096
01:26:38,560 --> 01:26:44,800
franchisee does not acknowledge receipt
of electronic mail, notice to franchisee

1097
01:26:42,800 --> 01:26:49,280
must be given to the addresses sent
below. Notices are effective when

1098
01:26:46,800 --> 01:26:53,360
delivered in person upon confirmation of
receipt when transmitted by electronic

1099
01:26:51,199 --> 01:26:57,440
mail on the next business day if
transmitted by registered or certified

1100
01:26:55,199 --> 01:27:01,280
mail. Postage prepaid on the next
business day if transmitted by overnight

1101
01:26:59,199 --> 01:27:05,360
courier or 3 days after the date of
mailing whichever is earlier. The

1102
01:27:03,199 --> 01:27:09,280
notices or responses to the franchisee
shall be addressed as follows.

1103
01:27:29,520 --> 01:27:36,840
Troy Cable Vision Inc. DBA CR at JS

1104
01:27:37,440 --> 01:27:40,440
Street

1105
01:27:40,480 --> 01:27:44,360
and Troy Cable Vision

1106
01:27:47,760 --> 01:28:00,239
Troy Cable Vision Inc. DBA Ceasefire ATF
Jake Cowan SVP 106S Brundage Street Troy

1107
01:27:55,760 --> 01:28:05,520
Alabama 36081 JC Allen at ceaspire.com
Charles Al McBride Jr. General Council

1108
01:28:02,560 --> 01:28:12,800
Telepass Inc. 1018 Highland Poly Parkway
sweet 700 Ridgeland Mississippi 39157

1109
01:28:09,360 --> 01:28:18,400
with a copy to 13 general provisions
13.1 French franchisee shall prepare and

1110
01:28:16,239 --> 01:28:22,880
maintain any records or reports that are
required of it by federal state or local

1111
01:28:20,800 --> 01:28:27,120
law. Municipality shall have the right
to obtain in the format kept by

1112
01:28:25,280 --> 01:28:30,880
franchisee in the ordinary course of
business copies of such records and

1113
01:28:29,040 --> 01:28:34,000
reports as appropriate and reasonably
necessary to determine whether

1114
01:28:32,239 --> 01:28:38,080
franchisee is in compliance with this
agreement. Franchisee reserves a right

1115
01:28:36,080 --> 01:28:42,480
to object to any request made under the
section as unnecessary, unreasonable or

1116
01:28:40,719 --> 01:28:46,320
inappropriate under the circumstances
and to seek appropriate confidentiality

1117
01:28:44,480 --> 01:28:52,320
protections for any information to be
produced to municipality. 13.2 entire

1118
01:28:49,760 --> 01:28:56,560
franchise. This agreement including the
exhibits attached here too contains the

1119
01:28:54,639 --> 01:28:59,840
entire agreement between parties and all
prior franchises negotiations and

1120
01:28:58,480 --> 01:29:04,719
agreements relating to the network
facilities or provision of services are

1121
01:29:02,239 --> 01:29:08,960
merged herein and hereby superseded.
13.3 conferences as may be mutually

1122
01:29:07,520 --> 01:29:12,960
agreed upon between the parties from
time to time. The parties hereby agree

1123
01:29:11,199 --> 01:29:16,639
to meet at reasonable times on
reasonable notice to discuss any aspect

1124
01:29:15,120 --> 01:29:21,760
of this agreement. The provision of
broad-band services or the number of

1125
01:29:18,400 --> 01:29:25,840
facilities during the term hereof. 13.4
Governing law. This agreement shall be

1126
01:29:24,000 --> 01:29:30,400
deemed to have been made and shall be
construed and interpreted in accordance

1127
01:29:27,920 --> 01:29:34,239
with the law of the state of Ala. Each
party to this agreement hereby

1128
01:29:31,840 --> 01:29:38,000
irrevocably agrees that any legal action
or proceeding arising out of or related

1129
01:29:36,400 --> 01:29:41,840
to this agreement or any of the
agreements or transactions contemplated

1130
01:29:39,679 --> 01:29:45,840
hereby shall brought to a circuit court
of Russell County, Alabama and hereby

1131
01:29:44,320 --> 01:29:49,520
expressly submits to a personal
jurisdiction and venue of such courts

1132
01:29:47,600 --> 01:29:53,360
for the purposes thereof and expressly
waves any claim of improper venue and

1133
01:29:51,679 --> 01:29:58,800
any claim that such courts are an
inconvenient form. 13.5 favor of

1134
01:29:56,320 --> 01:30:03,199
compliance. No failure by either party
to insist upon the strict performance of

1135
01:30:00,800 --> 01:30:07,120
any covenant, agreement, term, or
condition of this agreement or to

1136
01:30:04,880 --> 01:30:11,280
exercise any right, term, or remedy,
consequent upon every sh thereof shall

1137
01:30:09,199 --> 01:30:16,080
constitute a waiver of any such breach
or such covenant, agreement, term, or

1138
01:30:13,760 --> 01:30:20,159
condition. No waiver of any breach shall
affect or alter this agreement. But each

1139
01:30:18,000 --> 01:30:23,360
and every covenant, agreement, term or
condition of this agreement shall

1140
01:30:21,440 --> 01:30:27,920
continue in full force and effect with
respect to any other than existing or

1141
01:30:25,440 --> 01:30:31,840
sensible breach thereof. Municipality
may wave any obligation of franchisee

1142
01:30:29,920 --> 01:30:36,080
under this agreement in full or in part
at any time. But such waiver must be in

1143
01:30:34,239 --> 01:30:40,040
writing and signed by the municipality
city clerk or their design.

1144
01:30:40,880 --> 01:30:44,280
Almost there.

1145
01:31:00,239 --> 01:31:07,600
13.7.6
relationship 6. Relationship of

1146
01:31:04,880 --> 01:31:11,440
franchisee to municipality is and shall
continue to be an independent

1147
01:31:09,440 --> 01:31:16,080
contractual relationship and no
liability or benefits such as workers

1148
01:31:14,080 --> 01:31:20,639
compensation, pension rights or
liabilities, insurance rights or

1149
01:31:18,400 --> 01:31:27,040
liabilities or other provisions or
liabilities arising out of or related to

1150
01:31:23,920 --> 01:31:32,000
a contract or employer/ employee
relationship. shall arise or approve to

1151
01:31:29,679 --> 01:31:36,159
either party or either party's agents or
employees as a result of the performance

1152
01:31:34,159 --> 01:31:42,400
of this agreement unless expressly
stated in this grant 13.7

1153
01:31:39,679 --> 01:31:46,320
if any session paragraph 4 provision of
this shall be held to be invalid or

1154
01:31:44,560 --> 01:31:50,560
uninforceable for any reason the
inability or uninforceability of such

1155
01:31:48,320 --> 01:31:55,920
section paragraph 4 provision shall not
affect any other main provisions of this

1156
01:31:53,360 --> 01:32:00,800
13.8 Eight captions. All captions are
for convenience of use and have no

1157
01:31:57,600 --> 01:32:04,639
sustained effect. 13.9 Franchise
accepted. Franchise further acknowledges

1158
01:32:03,120 --> 01:32:07,840
by execution and delivery of this
agreement that it has carefully read the

1159
01:32:06,320 --> 01:32:11,719
terms and conditions of this agreement
and the ordinance and

1160
01:32:16,159 --> 01:32:21,920
the parties agree that franchise further
acknowledges by execution and delivery

1161
01:32:20,320 --> 01:32:27,719
of this agreement that it has carefully
read the terms and conditions of this

1162
01:32:23,440 --> 01:32:27,719
grant and the ordinance and

1163
01:32:30,159 --> 01:32:38,400
13.10 10 binding agreement subject to
section 2.3. The parties agree that this

1164
01:32:36,639 --> 01:32:42,159
agreement complies with state and
federal law as of the effect date and

1165
01:32:40,560 --> 01:32:46,560
agree to be bound by the provisions
thereof during the full term thereof.

1166
01:32:44,639 --> 01:32:51,360
Except that the parties also agree to
recognize and be bound by any change in

1167
01:32:49,040 --> 01:32:55,760
any state or federal law even if such
law materially affects the terms of

1168
01:32:53,280 --> 01:33:00,000
agreement. 13.11
other covenants franchisee for itself

1169
01:32:58,239 --> 01:33:05,199
and his affiliates covenants that
franchisee and his affiliates shall not

1170
01:33:02,320 --> 01:33:09,679
bring or support directly or indirectly
any suit claim or receive challenging

1171
01:33:07,600 --> 01:33:15,040
any terms agreement or contending that
municipality or franchisee did not have

1172
01:33:11,920 --> 01:33:20,719
the authority to impose or agree to such
13.12 reserve rights municipality

1173
01:33:18,560 --> 01:33:25,120
reserves all rights and powers under it
powers and powers conferred by federal

1174
01:33:22,719 --> 01:33:30,000
state or local law of which municipality
may not legally and contractually dest.

1175
01:33:27,840 --> 01:33:35,199
In particular, municipality reserves a
right to alter, amend or repeal code as

1176
01:33:33,520 --> 01:33:40,000
it determines shall be conducive to the
health, safety and welfare of the public

1177
01:33:37,280 --> 01:33:44,639
or otherwise in public interest provided
that any such alteration, amendment or

1178
01:33:42,239 --> 01:33:49,199
appeal shall applicable to all similarly
situated franchises of municipality in

1179
01:33:46,960 --> 01:33:53,679
such a manner and to such an extent so
as not to place franchisee at a material

1180
01:33:51,520 --> 01:33:57,360
competitive advantage. In the event the
municipal code or other applicable law

1181
01:33:56,000 --> 01:34:02,159
is amended in a manner that would
materially alter rights and obligations

1182
01:34:00,080 --> 01:34:07,280
under this agreement
will provide franchisee with reasonable

1183
01:34:04,000 --> 01:34:12,159
evidence of such containment and upon
request franchisee negotiate in good

1184
01:34:09,520 --> 01:34:16,080
faith to modify this agreement to any
adverse effects such a municipal

1185
01:34:14,239 --> 01:34:19,760
coercions would have on franchisees
performance under this agreement. The

1186
01:34:17,920 --> 01:34:23,920
municipality agrees that by accepting
this agreement franchisee has not waved

1187
01:34:21,760 --> 01:34:28,120
it right to object application to it but
actions by municipality pursu

1188
01:35:15,760 --> 01:35:22,880
13.13 13 representation regarding
ethical standards for municipality

1189
01:35:20,719 --> 01:35:27,440
officers and employees and former
municipality officers and employees.

1190
01:35:25,360 --> 01:35:32,800
Franchise represents that to the best of
his knowledge it has not

1191
01:35:30,320 --> 01:35:38,239
one provided an illegal gift or payoff
to a municipality officer or employee or

1192
01:35:35,280 --> 01:35:43,120
former municipality officer or employee
or his or her relative or business

1193
01:35:40,400 --> 01:35:47,520
entity. Two, retain any person to
solicit or secure this contract upon an

1194
01:35:45,760 --> 01:35:52,400
agreement or understanding for a
commission, percentage, brokerage, or

1195
01:35:49,920 --> 01:35:59,000
contingent fee other than bonafide
employees or bonafide commercial selling

1196
01:35:54,480 --> 01:35:59,000
agencies for the purpose of securing

1197
01:35:59,120 --> 01:36:05,600
business. Three, breach any of the
ethical standards set forth in the

1198
01:36:03,520 --> 01:36:10,800
municipality's conflict of interest
ordinance. 44 influence and hereby

1199
01:36:08,880 --> 01:36:16,480
promises that it will not knowingly
influence a municipality officer or

1200
01:36:13,679 --> 01:36:20,080
employee or former municipality officer
or employee to breach any of the ethical

1201
01:36:18,880 --> 01:36:26,239
standards set forth in the
municipality's conflict of interest

1202
01:36:22,000 --> 01:36:31,360
ordinance 13.14 city representative the
city manager or his or her sneige as

1203
01:36:29,520 --> 01:36:35,920
provided in writing by the city manager
to the franchisee the city

1204
01:36:33,520 --> 01:36:40,239
representative shall be municipalities
represent representative for all

1205
01:36:37,440 --> 01:36:45,119
purposes of this agreement except where
city council action is required by this

1206
01:36:42,480 --> 01:36:50,639
agreement or by law. All decisions,
judgments, approvals, requests, notices

1207
01:36:48,320 --> 01:36:54,719
or other actions of municipality,
required or permitted under this

1208
01:36:52,560 --> 01:36:59,360
agreement shall be made, obtained,
issued or delivered or otherwise

1209
01:36:56,719 --> 01:37:03,280
affected on behalf of municipality by
the city representative or his or her

1210
01:37:01,440 --> 01:37:07,600
design.
13.15

1211
01:37:04,960 --> 01:37:12,800
Authority franchisee represents
covenants and warrants to municipality

1212
01:37:09,679 --> 01:37:17,280
as of the effective date that A
franchisee is duly constituted in good

1213
01:37:15,280 --> 01:37:23,040
standing and qualified to do business in
the state of Alabama. B franchisee will

1214
01:37:20,480 --> 01:37:28,639
file when due all forms, reports, fees
and other documents necessary to comply

1215
01:37:25,679 --> 01:37:33,360
with applicable laws. and C the
signatory signing on behalf of

1216
01:37:30,719 --> 01:37:37,840
franchisee have the requisite authority
to bind franchisee pursuant to

1217
01:37:35,520 --> 01:37:43,600
franchisees organizational
organizational documents

1218
01:37:40,639 --> 01:37:47,760
1316 franchisees
acceptance of this agreement shall be in

1219
01:37:45,679 --> 01:37:52,159
writing in a form approved by the city
attorney and shall be accompanied by

1220
01:37:49,520 --> 01:37:56,800
delivery of a check approved by the city
in the amount of $5,000 made payable to

1221
01:37:54,800 --> 01:38:00,800
the city of Phoenix city Alabama and
shall shall serve to recover expenses

1222
01:37:58,719 --> 01:38:05,280
incurred by the city in the running of
this franchise. Said expenses shall

1223
01:38:03,199 --> 01:38:09,719
include attorney's fees and consulting
expenses incurred by the city.

1224
01:38:18,000 --> 01:38:27,560
Okay. Okay. council be heard u the
reading of the resolution both by and

1225
01:38:31,280 --> 01:38:37,600
so at this time I'd like to ask this
council for a motion to place on first

1226
01:38:35,600 --> 01:38:41,440
reading
have a motion on

1227
01:38:38,880 --> 01:38:47,280
» motion play on first reading motion
council day and second council member

1228
01:38:44,960 --> 01:38:50,840
okay call this Davis
>> council member today.

1229
01:38:50,960 --> 01:38:55,040
» Council member Day.
>> Yes.

1230
01:38:54,000 --> 01:38:56,400
» Council member Green.
>> Yes.

1231
01:38:55,440 --> 01:38:58,000
» Council member Bailey.
>> Yes.

1232
01:38:56,719 --> 01:38:59,119
» Council member Florence.
>> Yes.

1233
01:38:58,320 --> 01:39:00,639
» Mayor Law.
>> Yes.

1234
01:38:59,440 --> 01:39:08,320
» Thank you.
>> Okay. Thank you. Next. Council, we do

1235
01:39:03,280 --> 01:39:16,880
have a board of under commission.
We have a opening but one of the person

1236
01:39:13,040 --> 01:39:22,960
that's serving Miss Ay has in contact
and she has agreed to serve again on the

1237
01:39:20,960 --> 01:39:28,000
planning commission. So at this time I'd
like to ask this council for a motion to

1238
01:39:25,520 --> 01:39:31,520
reappoint Mrs. Andy Lens to the planning
commission

1239
01:39:29,520 --> 01:39:35,520
that motion this time. All right. Have a
motion council and second council

1240
01:39:34,000 --> 01:39:37,440
member.
All

1241
01:39:35,840 --> 01:39:38,880
» oppose. Mrs. Davis.
>> Council member Dave.

1242
01:39:38,480 --> 01:39:40,320
» Yes.
>> Council member Green.

1243
01:39:39,920 --> 01:39:41,600
» Yes.
>> Council member Bailey.

1244
01:39:41,199 --> 01:39:44,400
» Yes.
>> Council. Yes. Mayor L.

1245
01:39:44,080 --> 01:39:49,360
» Yes.
>> Thank you. Thank you.

1246
01:39:46,480 --> 01:39:52,639
» Thank you, council.
Been here a little while, but it's just

1247
01:39:51,040 --> 01:39:57,040
it's been a very good meeting. We have
to do what we have to do and we've shown

1248
01:39:54,400 --> 01:40:01,440
that and has done that. So with that
said, I appreciate everyone being here,

1249
01:39:59,040 --> 01:40:05,760
the department head and all the other
people and guests. Thank you all so much

1250
01:40:03,679 --> 01:40:13,960
for being here. At this time, I' like to
ask of the comments before I refer to

1251
01:40:08,880 --> 01:40:13,960
the city manager of the county.

1252
01:40:18,800 --> 01:40:25,119
I was just going to say um just want to
reiterate the celebration uh thanks to

1253
01:40:22,800 --> 01:40:30,239
our parks and rec department as well as
other city officials um for allowing

1254
01:40:28,800 --> 01:40:35,280
that celebration. We know that there
will be other opportunities um hopefully

1255
01:40:33,040 --> 01:40:38,719
by the council to recognize the young
athletes and their efforts. But want to

1256
01:40:36,960 --> 01:40:44,080
thank you all for um such a great
turnout on last time

1257
01:40:41,119 --> 01:40:49,520
» did in a short time. Great. Thanks so
much. Let's give honor to do that was

1258
01:40:47,360 --> 01:40:54,080
shown yesterday. So [clears throat]
nothing else to say. I do want to thank

1259
01:40:52,080 --> 01:40:59,360
everyone for being here. We thank this
community. So let's continue to be part

1260
01:40:56,800 --> 01:41:05,280
of the solution instead of part of the
problems. And we also like to thank CTV

1261
01:41:03,440 --> 01:41:09,600
me for being here and we thank this
community and we love this community and

1262
01:41:07,199 --> 01:41:14,320
we ask that we all share that love with
this community. So with that being said,

1263
01:41:12,080 --> 01:41:16,960
at this time we do stand journal. Thank
you so much.