[0:00] say and you all will continue to hear me
say this. This is good ch we are moms
[0:05] each other and glad to see each other.
So that's always a good thing. So again,
[0:10] good morning to everyone. We certainly
appreciate everyone being here. We
[0:14] appreciate our superintendent being here
and uh we're just grateful for this day.
[0:19] So with that, I am calling the meeting
to order. And at this time uh I would
[0:24] like to call on Pastor Ray Bear if he
would lead us with the invocation that
[0:29] we can stand and remain standing and I
will lead us with the pledge
[0:34] and mayor and those attendance. It is
pleasure to fill in for Karen Ciper from
[0:40] Summer.
Will you pray with me? Gracious and
[0:44] loving God, we thanks for this day and
we do echo our mayor's words and our
[0:49] thankfulness for friendly chatter and
the ways that we are building a
[0:53] community in this little part of the
world that we call Phoenix City. We ask
[0:57] now, Lord, that as we move into a time
of business and discussion, that your
[1:01] spirit would be our guide and that you
would give us the wisdom to make
[1:04] decisions in accordance with your word
and will. Bind us together in your holy
[1:08] love and make us one as you and the
father are one. We pray all this in the
[1:13] mighty and strong name of Jesus Christ
our Lord. Amen. Amen. If we can all the
[1:19] flag please.
Attention. Salute. Pledge. I pledge
[1:26] algiance to the flag of the United
States of America and to the republic
[1:31] for it stands one nation
indivisibley
[1:36] and justice for all.
Thank you, pastor.
[1:41] Will not be held against you for
leaving.
[1:45] Again, we appreciate everyone. We
certainly appreciate our superintendent
[1:49] being here supporting the city and we do
support our super. Thank you all so very
[1:54] much for being here. With that, we'll
proceed on. At this time, I'd like to
[1:58] call on Stephanie Chest and our city
manager, Mr. Wallace honor to give long
[2:04] honor due for increments of 5 years of
people that have given up themselves and
[2:09] folks given up their time to make uh
Phoenix City a better place. So Mr.
[2:14] Chess
>> thank you very much mayor. Good morning
[2:17] everybody. Good morning.
>> Good morning.
[2:18] » This is a highlight for us. This is an
opportunity for us to publicly thank and
[2:22] recognize our employees um for their
5year incremental service anniversaries.
[2:28] And so these are the anniversaries we
have for September. With our police
[2:32] department, we have our newly appointed
office manager, Yolanda Phillips. 10
[2:36] years of service.
[applause]
[2:43] [clears throat]
>> Morning.
[3:04] I just want to thank y'all for the
opportunity. You know, being here 10
[3:06] years as a has been awesome and I'm
ready for the new challenge.
[3:10] » Dude, at least 15 more.
>> I got you.
[3:13] » Yeah, I like that. Thank you so much for
what you do. Thanks.
[3:19] » With our code enforcement department, we
have our deputy building off official,
[3:22] Richard Carlson, with 20 years of
service.
[3:26] » [applause]
[3:42] » Thank you guys for opportunity to serve
at least five more. At least five more.
[3:49] » Yeah, at least five.
[3:53] We have one other. It doesn't look like
she was able to be here, but she's a
[3:55] very busy woman. So, Lieutenant
Cassandra Bryan with the police
[4:00] department received her 10 year
anniversary as well.
[4:03] » Thank you all. This this is a highlight
send man started some years back, but
[4:09] you know, stated thank you are two of
the most powerful words you can say when
[4:13] they done sincerely.
Thank you for your service and we
[4:17] appreciate and get those years in
retirement.
[4:25] » You know, a lot of these years Ricky
been out for do a lot of praying for him
[4:31] back here.
That's why we
[4:37] thank God for that. Thank God. God just
a couple blocks on
[4:47] body shop. I'm super
[4:59] » We appreciate what you all do. We do
encourage you all to get the years in.
[5:05] And for the ones that probably never
heard us say that, the reason why we
[5:09] think and we feel strongly that the
state of Alabama has one of the best
[5:13] challenge in the union. We truly try to
encourage them to get at least 25 years
[5:19] in. So thank you all for what you do and
let's just pray for a good and let's
[5:25] keep on going. All right. Thanks a
little
[5:29] at this time from the city
council. I'd like to call for a motion
[5:35] for the approval of the August 17, 2026
work session.
[5:41] » All right. Second.
>> Motion from council day and a second
[5:45] from council member Florence. Okay. Mr.
Davis.
[5:50] » Council member Day.
>> Yes.
[5:52] » Council member Green.
>> Council member Davy.
[5:56] » Yes.
>> Council member Floyd.
[5:59] » Yes.
>> Yes.
[6:00] » Thank you.
>> Thank you. We proceeding on at this time
[6:04] council I'd like to ask the council for
a motion for the approval of the August
[6:07] 18th 2026
regular council meeting. I have a
[6:11] motion.
>> So move.
[6:13] » We have a motion council.
>> Second council member.
[6:18] » Okay. Mavis.
>> Council member Day.
[6:22] » Yes.
>> Council member.
[6:23] » Yes.
>> Council member Bailey.
[6:25] » Yes.
>> Council member Florence.
[6:27] » Yes. Mayor.
>> Yes.
[6:28] » Thank you.
>> Thank you. None council at this time I'd
[6:32] like to ask the council is there any
unfinished business.
[6:37] Okay,
there's not any. We will proceed on with
[6:41] the resolutions and under
administration. We have resolution
[6:44] number 2026-263
be ratified in reference to the purchase
[6:49] of a 2026 Ford transit van from Cypress
Ford link for the building department in
[6:55] an amount not to exceed $51,19460.
[7:01] Mrs. states.
>> Whereas under the Alabama bid law for
[7:04] public contracts, municipalities can
purchase property under a state bid
[7:09] provided that the state bid so provides.
And whereas the city desires to purchase
[7:14] the property here and after described on
said state bid for the building
[7:18] department. Now therefore, be it
resolved by the city council of the city
[7:22] of Phoenix City, Alabama, that the
following shall be purchased under state
[7:26] contract, contract number 10 MA 22000
003128-10
[7:34] with optional equipment from Stoppers
Lincoln in Montgomery, Alabama. The 2026
[7:40] White Transit van with optional
equipment for a total cost of $51,194.60
[7:47] 66 pass approved and adopted this 19th
day of August 2026 ratify this first
[7:53] date of September 2026.
>> Thank you. Uh Mr. Davis council
[8:00] resolution at this time I'd like to ask
for a motion to ratify.
[8:03] » Motion to ratify.
>> All right. Motion from council member
[8:06] Dave. May I have a second?
>> Second council.
[8:11] » Comments or discussion?
>> All right.
[8:16] All the vote, Mrs. Davis.
>> Council member Day,
[8:19] » yes.
>> Council member Green,
[8:20] » yes.
>> Council member Bailey,
[8:22] » yes.
>> Council member Florence,
[8:23] » yes.
>> Mayor R.
[8:24] » Yes.
>> Thank you.
[8:26] » Also proceeding council on the
resolution for administration is a
[8:31] resolution in reference to authorizing
the mayor and city manager to enter into
[8:35] an agreement with the municipal water
compensation fund incorporation, also
[8:40] known as MWC.
This is stage. Whereas the city of
[8:45] Phoenix City desires to enter into a
participation agreement with Municipal
[8:49] Workers Compensation Fund, Inc. W MWCF
for the purposes of providing statutory
[8:55] benefits as prescribed by the Alabama
workers compensation law for the
[8:59] employees of the city. And whereas the
city council has reviewed said
[9:03] participation agreement between the city
of Phoenix City and Municipal Workers
[9:07] Compensation Fund, Inc. to define the
terms and conditions of coverage and
[9:12] billing and fines dis necessary for
operations. Now therefore, be it
[9:17] resolved that the city council of the
city of Mini City, Alabama does hereby
[9:20] authorize the mayor and city manager to
sign the participation agreement with
[9:24] the municipal workers compensation fund,
Inc. in accordance with terms and
[9:29] conditions as outlined in the agreement.
Pass approved and adopted this first day
[9:34] of September 2026.
>> Okay. Thank you again, Mrs. Davies.
[9:38] Council, we've heard the resolution. At
this time, I'd like to ask council for a
[9:42] motion.
>> Motion to approve.
[9:44] » All right, we have a motion from council
member Lawrence. May I have a second?
[9:48] » Second.
>> Second. Council member Green.
[9:52] Comments of discussion.
[10:06] Can't do it.
At this time, council would like to call
[10:10] for the vote. Mrs. Davis.
>> Council member Day.
[10:13] » Yes.
>> Council member Brain.
[10:15] » Yes. Council member Bailey.
>> Yes. Council member Florence.
[10:18] » Yes. Mayor Le.
>> Yes.
[10:19] » Thank you.
Also, council procedure non is a
[10:24] resolution in reference to authorizing
and directing the mayor, city manager,
[10:27] and police chief to make application to
Edward Burn Memorial Justice Assistant
[10:32] Gran, also known as JAG
program for this year 2026 local form of
[10:40] solicitation. Mrs. Thank you.
>> We're at the United States Federal
[10:45] Government Bureau of Justice Assistance
through the Edward Burn Memorial Justice
[10:49] Assistant Grant J program. This school
year 2026 local formula solicitation
[10:55] under the omnibus crime control and safe
streets act of 1986.
[11:01] PL 90-351 as amended and other
appropriate federal laws have been made
[11:06] available. $31,39
in funds for local solicitation. And
[11:12] whereas Phoenix City Police Department
here in referred to as applicant is of
[11:17] the opinion that it would be beneficial
to make application for such assistance.
[11:22] And whereas said applicant agrees to be
accountable for providing the cash match
[11:26] toward the total cost of said project.
Now therefore, be it resolved by the
[11:31] city council of the city of Phoenix
City, Alabama, that the mayor and city
[11:35] manager as authorizing officials and
Joseph K. Wrick as chief of police are
[11:40] hereby authorized and directed to make
application to the Bureau of Justice
[11:45] Assistant Edward Burn Grant for said
financial assistance. Pass, approve and
[11:50] adopt this first day of September, 2026.
>> Thank you for reading the resolution
[11:55] which council we have all heard. At this
time, I'd like to ask the council for a
[11:59] motion.
>> Motion to approve.
[12:01] » Second.
>> Motion from council day. Second from
[12:05] councilman.
>> Comments or discussion?
[12:09] » May we ask um chief bar to please speak
to some of the uses for the bank fund if
[12:14] awarded.
>> We're still [clears throat] in the early
[12:17] process of looking at what we're going
to spend the funds on. Of course, we'll
[12:20] have a public hearing as well. We
probably get input if they have any
[12:23] suggestions on what to spend it on. We
do have a few um few items we're looking
[12:28] at right now. Uh specifically some some
equipment for our our hazardous respon
[12:34] hazardous response team member
X-ray machine for hazardous devices.
[12:41] » Thank you.
>> Do we split I mean do we split the
[12:45] dollars across the county?
>> We do. We rotate every other year with
[12:49] the county. So this is our year. If you
remember, we just had the 2025 come
[12:53] through because when the government was
shut down, that grant was delayed. So,
[12:57] they're kind of back to back right now.
So, this one's actually in the city.
[13:00] » Okay. Thank you.
>> Thank you, Chief. Good job. We
[13:04] appreciate it. Thank you, Mr. Sp. Any
other comments or discussion? All right.
[13:10] At this time, call for the vote. Mrs.
Davis.
[13:13] » Council member Denny,
>> yes.
[13:14] » Council member Green,
>> yes.
[13:15] » Council member Bailey,
>> yes.
[13:17] » Council member Barnes,
>> yes. Mayor Lo,
[13:19] » yes. Thank you.
>> And council also proceeded under
[13:23] administration is a resolution in
reference to the satisfaction of the
[13:27] special assessment on property located
at 10131 15th Avenue property home
[13:33] assembly Griffin Wiggins. Attention
Messen B. Wiggins. [clears throat]
[13:38] is sustained.
>> Whereas resolution number 2021-268
[13:42] adopted on the 7th day of December 2021
a fix the cost for the demolition of an
[13:48] unsafe structure at 101315th Avenue
Phoenix City, Alabama being Lucend
[13:54] Lucinda Griffin Wiggins. Attention
Vincent B. Wiggins. A special assessment
[14:00] was filed against the property taxes in
the amount of $8,100
[14:04] to be collected by the Russell County
Revenue Commissioner said special
[14:08] assessment having been recorded in
volume 145 page 72 in the office of the
[14:14] judge of probate of Russell County. And
whereas the full amount of $10,570.50
[14:22] $8,100 plus interest of $2,470.50
50 cents was paid to the city of Phoenix
[14:28] City on August 11, 2026 and said special
assessment is entitled to be removed.
[14:34] Now therefore be it resolved that the
city council of the city of Phoenix
[14:37] City, Alabama does hereby constitute and
appoint the judge of probate of Russell
[14:42] County, Alabama as its true and lawful
attorney for and in its name to enter in
[14:48] the margin of the records where said
special assessment is reported full
[14:52] satisfaction thereof hereby ratifying
and confirming any and all acts of said
[14:58] attorney in fact in and about said
premises. Be it further resolved that a
[15:02] certified copy of this resolution be
forwarded to the revenue commissioner of
[15:06] Russell County to release said special
assessment placed on property. Pass,
[15:10] approved, and adopted this first day of
September 2026.
[15:14] » Thank you, Mr. Davis. Council, we've
heard the resolution reading of the
[15:19] resolution, Mrs. Davis. At this time,
I'd like to ask for a motion.
[15:24] » Motion to approve.
>> All right. Motion council member Green.
[15:27] That's a second. Council member Holmes.
>> Yes. Yeah, Mrs. Davis.
[15:32] » Yes, sir.
>> Okay. Any comments or discussion?
[15:36] Okay. Mrs. Davis.
>> Council member Dav.
[15:40] » Yes.
>> Council member Green.
[15:41] » Yes. Council member Bailey.
>> Yes.
[15:43] » Council member Florence.
>> Yes. Mayor Lawson.
[15:45] » Yes.
>> Thank you.
[15:47] » Proceeding on council on the public
building, excuse me, on the building
[15:51] department. We have a public hearing in
approval of four resolutions in
[15:55] reference to the fixing of costs
incurred by the city of Penn City for
[15:59] the removal of substandard structures in
the establishment of special assessments
[16:03] on properties located
823 and 1213th Court 604 Dillingham
[16:10] Street 518 111 Avenue South 816th
Street. Council, at this time I would
[16:19] like to prepare this as a public
hearing. And if there's anyone that
[16:23] would love to come and address this
council in reference to these fixing the
[16:27] cost, now's the time to do so.
[16:32] Okay. Seeing that no one has stepped
forward, I am closing this public
[16:37] hearing at this time counsel to the fact
that this we read at the last meeting. I
[16:43] would like to ask for a motion for the
approval of these resolutions. All
[16:47] proportion at this time.
>> Okay. We have a motion from council B.
[16:51] May I have a second? Start. Second.
Council B.
[16:54] » Okay. Mrs. Davis.
>> Council member Day.
[16:57] » Yes.
>> Council member Green.
[16:58] » Yes.
>> Council member Bailey.
[17:00] » Yes.
>> Council member Florence.
[17:02] » Yes.
>> Mayor L.
[17:03] » Yes.
>> Thank you.
[17:04] » Thank you. Proceeding on the engineering
department. Council, we have a
[17:09] resolution in reference to purchasing
pipe treker a 2000, excuse me, 200 eggs
[17:14] pipe crawler robot package from the
source web vendor from deep treker
[17:21] incorporation in an amount not to exceed
$85,45.38.
[17:28] Mrs. stages.
>> Whereas under the Alabama bid law for
[17:32] public contracts, municipalities can
purchase property resource well
[17:36] contracts. And we're asked city of
Phoenix City desires to purchase the
[17:39] pipe treker A200X pipe crawler robot
package here and after described
[17:45] resource well contract 011223-k
[17:50] for the in I'm sorry for the in
engineering public works departments to
[17:55] inspect city storm water infrastructure.
Now therefore be it resolved by the city
[18:00] council of the city of Phoenix City,
Alabama that one one pipe trekger A200X
[18:06] pipe crawler robotic package be
purchased with resource well contract
[18:11] number 011 223-d
in the amount of $85,45.38.
[18:19] Pass approved and adopted this first day
of September 2026.
[18:23] » That's the time push standard.
[18:27] Very good. Council, we have all heard
the resolution from city clerk. At this
[18:33] time, I'd like to ask this council for a
motion.
[18:37] » So move.
>> Motion from council member dream and
[18:40] have a second.
>> Second.
[18:41] » Second from councilman B. Comments or
discussion?
[18:46] Mrs. Davis.
>> Council member Day.
[18:48] » Yes.
>> Council member Green.
[18:50] » Yes.
>> Council member Bailey.
[18:51] » Yes. Council member Florence.
>> Yes. Mayor,
[18:54] » yes. Thank you. Thank you. Seeing non
council on the utilities [clears throat]
[18:58] department.
There's a resolution in reference to
[19:01] declaring the installation of the insert
valves on the broad street water man in
[19:07] emergency and authorizing and directing
the mayor and city manager to hire and
[19:11] pay for a field on the ground for said
installation in an amount not to exceed
[19:16] $52,780.
[19:20] Mrs.
Whereas a water leak has to be repaired
[19:24] on the 10-in water man along Broad
Street where it crosses Bill Creek and
[19:28] whereas water man has become exposed
where it crosses Bill Creek making it
[19:33] more susceptible to damage and whereas
said ve has leaked and been repaired
[19:38] with clamps more than once and whereas
said vein is leaking again where a
[19:43] previous repair clamp was replaced I'm
sorry was placed and whereas said mane
[19:48] needs to be replaced as expeditiously as
possible to ensure public safety. And
[19:54] whereas valves need to be inserted in
the existing border manual north and
[19:59] south of the section to be replaced
crossing said creek. And whereas the
[20:03] city received a proposal from Barfield
Underground for installing 2in insert
[20:09] valves at an estimated cost of $52,780.
Now therefore be it resolved that the
[20:16] city council of the city of Phoenix
City, Alabama hereby declares the
[20:20] installation of said insert vows on the
Broad Street water main and in emergency
[20:25] and authorizes and directs the mayor and
city manager to hire and pay airfield
[20:29] underground the estimated amount of
$52,780
[20:35] for said installations. Pass, approve,
and adopt this first day of September
[20:39] 2026.
>> Thank you for reading the resolution. Uh
[20:42] Mrs. Davis council, you heard. At this
time, I'd like to ask the council for a
[20:47] motion.
>> Motion to approve.
[20:48] » All right, we have a motion from council
member D. May I have a second? Sir,
[20:53] » second from council baby.
Okay, have a motion. We have a second.
[20:58] Any comments or discussion? Council
mayor, I noticed
[21:03] more than once. The first time it was
done, work was done. Uh, did we get some
[21:09] guarantee on it? How long?
Excuse
[21:21] me.
>> Your question was about you said replace
[21:29] the first time you was asking.
>> Oh, okay.
[21:34] I'm sorry. I got
replaced. Okay. Okay.
[21:41] But this is an actual replacement for
the clan.
[21:44] » This is not these are valves to be
installed to isolate that water.
[21:50] » So they can't be either repaired or
replaced without the water continually
[21:54] flowing.
>> So this something like a new job work.
[22:00] » It's to install valves on the water so
that we can isolate the water and
[22:04] hopefully not have anybody's water. We
got to get these valves in once we turn
[22:10] off. Then we can see what the pressure
is like after the valves are off. See if
[22:14] everybody's got good pressure. That's
that's the hole. So if that's the case,
[22:18] then it gives us more time to get it
replaced.
[22:22] » Okay.
>> Get in there and turn the valve off.
[22:24] People don't have water.
Hurry.
[22:32] Thank you.
>> Thank you, John.
[22:37] Thank you.
>> Basically, [clears throat] so we wanted
[22:39] to put this back so we can get a good
understanding. John, this is going to
[22:44] lead to
a deeper detail
[22:48] repair or replacement of that pipe.
>> Just going to make sure the citizens
[22:52] have the water there to isolate it. But
when he come back when he come back
[22:58] the cost
[23:03] you know the system that's correct
[23:09] » thank you we appreciate you
>> any other comments discussion not
[23:17] council at this time I'd like to call
for the vote Mrs. states.
[23:20] » Council member Dan, yes.
>> Council member Green,
[23:22] » yes.
>> Council member Bailey,
[23:24] » yes.
>> Council member Florence,
[23:25] » yes.
>> Mayor L.
[23:26] » Yes.
>> Thank you. CN council on the utilities
[23:29] department as a resolution in reference
to declaring the cleaning bypass popping
[23:34] and process startup of equipment at the
wastewater treatment plant in emergency
[23:40] and authorizing and directing the mayor
city manager to pay DIV46
[23:45] LLC
for set services in an amount not to
[23:49] exceed $32,800.
Mrs. Thanks.
[23:53] » Whereas the city of Phoenix City
operates a wastewater treatment plant
[23:56] which receives influence from the
wastewater collection system at the
[24:00] headworks of the plant. And whereas the
screw pumps, root system, and primary
[24:05] clarifiers needed to be put back in
service as soon as possible. And whereas
[24:10] brick, trash, and debris accumulated in
the headworks, which could cause
[24:15] problems with other equipment in the
plant, and the sewage in the headworks
[24:19] became septic, which would be harmful to
the bacteria in the plant, which helped
[24:24] treat the sewage. And whereas this grid,
trash, debris, and septic material
[24:29] needed to be removed to protect the
plant's biological processes and
[24:33] equipment, including the screw pumps and
primary clarifiers. And whereas
[24:38] emergency cleaning services and pump
bypass were required to remove said
[24:43] grit, trash, debris, and septic material
as soon as possible to get the screw
[24:48] pumps, brick system, and primary
clarifiers back to surface. And whereas
[24:53] professional services were needed to
assist with the cleaning of the head
[24:56] works, bypass pumping, and placing the
screw pump, rig system, and primary
[25:02] clarifiers back in service. And whereas
DIB46
[25:08] or DI 46 LLC was hired to provide said
professional services at a cost of
[25:15] $32,800.
Now therefore be it resolved that the
[25:19] city council of the city of Phoenix
City, Alabama does hereby declare the
[25:23] professional services to assist with the
affformentioned cleaning [clears throat]
[25:27] bypass pump company and process starting
startup and emergency and authorizes and
[25:33] direct the mayor city renter to pay46
LLC for said services in the amount of
[25:40] $32,800.
Pass approved adopted this first day of
[25:44] September 2026. Thank you again for
reading the resolution. Mrs. Davis
[25:49] Council America resolution at this time.
I'd like to ask for a motion, please.
[25:53] » Motion to approve.
>> Motion second
[25:56] » from Council Member Green and a second
from Council Member. Any comments or
[26:00] discussion?
>> Okay, Mr. B.
[26:04] » Council member Day.
>> Yes.
[26:06] » Council member Green.
>> Yes. Council member Bailey.
[26:09] » Yes.
>> Council member, yes. Mayor,
[26:12] » yes.
>> Thank you. See on the council. Next is
[26:15] ordinance.
We do have a public hearing and second
[26:19] reading.
It's an ordinance to amend the zoning
[26:23] ordinance of the city of Penny City,
Alabama, article 5, non-residential and
[26:28] mixed use district section 5.03.02,
[26:34] table 5-1 conventional regulation of
non-residential districts in the C4
[26:40] highway commercial district maximum
building area. Uh we did have the first
[26:45] reading on the
July the 21st. Uh we would not ask the
[26:51] clerk to reread read this. However, at
this time, council, I'd like to open
[26:56] this up for public hearing for anyone
who would like to come and address the
[27:00] council in reference uh for this uh
ordinance zoning.
[27:09] Round up.
>> Yes, sir.
[27:12] » I didn't put forward any any other
person before I
[27:17] no one. Okay, go ahead. I I just wanted
to re reiterate what we're why we're
[27:22] doing this is that we met with some
contractors
[27:27] or developers that were looking to
develop in the city and um we found that
[27:35] our maximum building area, our C4 zone
was only a 25%
[27:41] which kind of gives us a disadvantage
when we're trying to recruit um you know
[27:46] potential developers and all. So this
will increase our our maximum building
[27:51] area 50%.
Puts us in line with the surrounding
[27:55] areas to give us a little bit better you
know a better way to stand out when
[28:00] we're trying to improve conditions and
all that allow them to to utilize a
[28:05] little bit more space than what I think
would be allowed otherwise.
[28:10] » Okay. It's a good thing.
>> Mhm.
[28:13] » Other words, what you're saying is
they'll be able to put the property that
[28:17] they buy better use by building on it
maybe rather than putting a parking lot
[28:22] or something on.
>> Yes, sir. It gives them a little bit
[28:25] more building area to allow better use
of the property and and not restrict on
[28:31] some some that may come
>> actually help them to have develop it
[28:36] easier and a little bit cheaper by not
having to buy much property. Yes. put
[28:40] the same size building on as they did
before.
[28:43] » Yes.
>> Okay. Makes good sense to me.
[28:46] » Thank you.
>> Thank y'all.
[28:51] Now, um that was just an explanation. So
again, if there's anyone that would like
[28:56] to come and address counsel, since we do
not have anyone, I am closing this
[29:02] public hearing. And at this time,
council, I would like to ask for a
[29:06] motion.
>> Motion to approve the public hearing.
[29:08] » All right. Motion.
>> Council Davis sat. Council member Fus.
[29:17] » Council member Day.
>> Yes.
[29:20] » Council member Green.
>> Yes.
[29:22] » Council member Bailey.
>> Yes.
[29:23] » Council member Florence. T mayor.
>> Yes.
[29:26] » Thank you.
>> Seeing none council on the ordinance.
[29:30] We also have an ordinance to annex 0.12
plus minus acres of land line in section
[29:37] 28 township 18 north range 30 east
county Alabama into an R2 zone which is
[29:44] a medium density residential district
located at 2060 Lee Road 427 Piers Road
[29:52] in 5302 Wilma Avenue Penny City Alabama.
James Hall is the owner. You also had
[29:59] the first reading of this on July the
21st of this year. I am not going to ask
[30:04] the clerk to reread. However, at this
time, I would like to declare it as a
[30:09] public hearing to open up as a public
hearing and if there's anyone that would
[30:13] like to come to address council in
reference to the annexation, now is the
[30:18] time to do so.
>> Okay.
[30:23] » Okay. This is an explanation also.
>> Yes. Okay.
[30:27] » Yeah. I'd just like to uh just give some
clarification because it may seem in
[30:32] some respects that city may be
contradictory in this where the decision
[30:36] is made. Uh so generally speaking, so
this owner came to the city and he's
[30:41] doing a reclap where he wants to take a
piece of a parcel that's outside the
[30:45] city which will be the parall
there. He owns both properties, one on
[30:51] Pierce Road, which is not in the city.
He owns the property on Wilma Avenue
[30:55] which is in the city. So he wants to
take that piece of property where it has
[30:59] that accessory structure and combine it
with the parcel that's in the city. Now
[31:05] generally speaking, we've been trying to
clean up our city limits lines to be
[31:09] consistent so we don't have
irregularities in our city limit lines.
[31:13] So that we have approved several
annexations because of that. But in this
[31:18] instance uh when we did uh renewed our u
our moratorum on annexations, we also
[31:26] put in some caveats in there related to
public safety, different reasons that we
[31:30] can and cannot we can approve or deny
things being annexed. And in this
[31:36] instance and the chief may want to
elaborate some more on the reasons why,
[31:40] but we had some public safety issues
that came up regarding this accessory
[31:44] structure. So, like I like I said, I
wanted to explain because we have
[31:49] approved some annexations because we
wanted to clean up lines, but in this
[31:54] instance, we had some other issues come
up and I'll let you.
[31:58] » Okay.
>> Thank you, Chris.
[31:59] » Yes, sir.
>> Yeah. And like what Chris is referring
[32:03] to, in some of those instances, a piece
of the property that the city limits
[32:09] fund went straight through the property.
So, in those respects, I didn't have an
[32:13] issue. um with annexing this particular
I still respectfully request that this
[32:18] annexation be denied and moratorum stay
in place because um we're taking just a
[32:24] piece of that property and we're adding
to
[32:28] the same issues that we have in Wilma
Avenue where the fire hydrants are an
[32:32] excessive amount of um distance from the
structures. Um, if he's not going to
[32:38] annex in the entire piece to eliminate
spot annexation, I'm still against that.
[32:46] » I may be overruled.
>> And when you're saying a full piece of
[32:49] property, what what part of
>> Well, he owns
[32:52] » I know he owns everything else that's in
the city, correct?
[32:56] » Well, he owns like 230 that's out of the
city as well.
[33:01] » So, he's only want to bring part of what
he owns outside the city into the city.
[33:04] And see, that's the part I didn't
understand.
[33:06] » Correct. That's right.
>> Yes, sir. That's right.
[33:08] » So, has it been communicated to him
>> as far as information?
[33:12] » Yes, sir. I believe that has been
communicated to
[33:14] » Well, I know the planning commission
they talked to about possibly have to
[33:17] put in fire and all that cuz my question
was leading up to this. We're already
[33:22] responsible for what's on.
>> That's right.
[33:25] » So, if all we were going to put in would
be if you are responsible for everybody
[33:29] from Mr. Hunter
Green, the only one left to protect is
[33:34] right there on the end.
>> Yes, sir. you've already got 95% of
[33:37] everything covered. A little bit more
really should not matter. But if he's
[33:42] only putting in there again part of
what's not in the city and keeping out
[33:47] some of what's not in the city to keep
from having to do the other that makes a
[33:50] little more sense,
>> but I'm still
[33:54] understanding that we responsible for
what's already there. Now, I know that
[33:57] that's
>> we are
[33:58] » we responsible, but I know we didn't
make that decision to make us
[34:01] responsible. That was done a long time
ago. probably wasn't brought brought
[34:05] through with, you know, very much
thinking, but
[34:09] » and I know what you're trying to do now.
You're trying to get the pull us back
[34:12] ahead of the cart.
>> As much as people are trying to clean
[34:15] the line, right? I'm doing the same.
>> And you have to do the same thing with
[34:18] the fire department. You have to take
care of what y'all have to do. Yes. And
[34:21] that's exactly right. You're trying to
put the cart back behind the horse and
[34:25] getting the horse in front rather than
chasing the car down. So, you're doing
[34:28] right. Yeah. You're not you're not
wrong.
[34:31] » Yeah. road doesn't meet the requirements
as it is now for us that you would be
[34:35] able to get up in there.
>> That's what I'm saying. It made it that
[34:37] much still going to be hard when y'all
have to do your job.
[34:41] » That that you know that's uh already
there. But that was the part I didn't
[34:46] understand. And that makes a little more
sense. Like you said, if you're not
[34:50] willing to put all of it in and maybe
come to some kind of terms of having to
[34:54] make an adjustment with the city of
where everything can be done better
[34:58] because I own all the stuff, I certainly
want y'all to be able to put it catch
[35:02] fire.
>> And he said he understood he understood
[35:05] all of that as well. But um there was no
discussion about adding the fire.
[35:09] » That's what I'm saying.
And was there any discussion or
[35:13] information as to why the entire
property was not being requested to be
[35:17] annexed?
>> No ma'am.
[35:19] » There was not an answer given as not to
me anyway the engineer department
[35:27] to me on that.
He was his we communicated two issues to
[35:32] him prior to one was about uh not proper
fire protection with regards to access
[35:40] and but also two that was spotted
annexation involved. So he was
[35:45] communicating those issues and the only
the only discussions that were had about
[35:53] discuss what my or why not
that's a bunch of problem. So just
[36:01] » okay
>> thank you for all
[36:04] » taking your time to look at that and
taking your time to make sure
[36:08] » that it was done correctly. Thank you
for that.
[36:13] Now still this public hearing is open
because there was a explanation.
[36:19] So since no one has stepped forward I am
now closing
[36:23] um this public hearing and at this time
council I'd like to ask for a motion.
[36:31] May I have a motion?
>> Motion to deny.
[36:35] » Okay.
>> A second. We have a motion to deny
[36:39] council member B and a second by council
member Green. On the right have that
[36:45] Mrs. Davis.
>> Yes, sir.
[36:46] » At this time, council like to call on
the vote.
[36:50] » Mrs. Davis.
>> Council member Day.
[36:52] » Yes.
>> Council member Green.
[36:53] » Yes.
>> Council member Bailey.
[36:55] » Yes.
>> Council member Florence.
[36:56] » Yes.
>> Mayor Low.
[36:57] » Yes.
>> Thank you.
[36:58] » Thank you. Proceeding on council. This
is a second reading.
[37:04] It's an ordinance to amend section 4.16-
C of the merit system rules and
[37:09] regulation of the city of Ky City,
Alabama. Uh the first reading uh council
[37:14] was on the 18th of August. I'm not going
to ask the clerk to reread his
[37:19] ordinance, but however, at this time,
I'd like to call for a motion, please.
[37:23] May I have a motion?
>> Approve.
[37:25] » Motion, Council Member Green, second
council member.
[37:29] Okay. Comments discussed.
All right. Mrs. Davis.
[37:35] » Council member D.
>> Yes.
[37:36] » Council member Green.
>> Yes.
[37:38] » Council member Bailey.
>> Yes.
[37:39] » Council member Florence.
>> Yes. Mayor Law.
[37:41] » Yes.
>> Thank you.
[37:43] » Also, council proceeding on the second
reading is an ordinance to amend section
[37:47] 9.01 of the mayor system rules and
regulations of the city of Phoenix City,
[37:52] Alabama. Also, this first reading was on
the 18th of August. Not going to ask the
[37:57] clerk to reread it. However, at this
time, I'd like to ask this council for a
[38:02] motion, please. Motion to approve.
>> Motion from council member Lawrence. May
[38:05] I have a second?
>> Second. Council member K. Comments for
[38:09] discussion.
>> All right. Mrs. Davis.
[38:13] » Council member Day.
>> Yes.
[38:14] » Council member Green.
>> Yes.
[38:16] » Council member Bailey.
>> Yes.
[38:17] » Council member K.
>> Yes. Mayor Lo.
[38:19] » Yes.
>> Thank you.
[38:22] » Seeing on council, I'm in first reading.
We have an ordinance to amend the code
[38:26] of ordinance of the city of the city of
Alabama. Chapter 38, Health Article 2,
[38:32] Smoking in Public Places, Section 38-21,
Definition.
[38:39] Mrs. Thanks.
[38:44] » An ordinance to amend ordinance number
20835
[38:50] relating to the code of ordinances of
the city of Phoenix City, Alabama.
[38:55] Chapter 38, smoking in holy places. Be
it ordained by the city council of the
[39:02] city of Phoenix City, Alabama. that
chapter 38 of the code of ordinances of
[39:08] the city of Phoenix City, Alabama,
article 2, smoking in workplaces and
[39:13] public places, section 38 to 21
definitions is hereby amended as
[39:19] follows. Article 2, smoking in
workplaces and public places, sect 38 to
[39:27] 21, definitions. The following words and
phrases whenever used in this article
[39:33] shall have the meanings ascribed to them
in this section except where the context
[39:37] clearly indicates a different meaning. A
bar means an establishment that is
[39:43] devoted to the serving of alcoholic
beverages for consumption by guests on
[39:47] the premises and in which the serving of
food is only incidental to the
[39:52] consumption of those beverages including
but not limited to taverns, nightclubs,
[39:57] lounges and cafes. B business means a
sole proprietorship, partnership, joint
[40:04] venture, corporation, other business
entity, either for-profit or not
[40:10] for-profit including retail
establishments where goods or services
[40:14] are sold. Professional corporations and
other entities where legal, medical,
[40:19] dental, engineering, architectural or
other professional services are
[40:24] delivered and private clubs. C. City
means city of Phoenix city and police
[40:30] jurisdiction. D. City council means city
council of the city of Phoenix city.
[40:37] Employee
means a person who is employed by an
[40:41] employer in consideration for direct or
indirect monetary wages or profit and a
[40:47] [clears throat] person who volunteers
his or her services for a nonprofit
[40:51] entity. F employer means a person,
business, partnership, association,
[40:58] corporation, including a municipal
corporation, trust or nonprofit entity
[41:04] that employs the services of one or more
individual persons. G enclosed area
[41:10] means all space between a floor and
ceiling that is enclosed on all sides by
[41:15] solid walls or windows which extend from
the floor to the ceiling. H health care
[41:21] facility means an office or institution
providing care or treatment of one
[41:26] diseases whether physical, mental or
emotional or other medical,
[41:32] physiological or psychological
conditions including but not limited to
[41:39] hospitals, rehabilitation hospitals or
other clinics including weight control
[41:44] clinics, nursing homes, homes for the
aging or chronically ill laboratories.
[41:49] and offices of surgeons, chiropractors,
physical therapists, physicians,
[41:54] dentists, and all specialists within
these professions. This definition shall
[42:00] include all waiting rooms, hallways,
private rooms, semi-private rooms, and
[42:05] wards within healthcare facilities. I
place of employment means any area under
[42:11] the control of a public or private
employer that employees normally
[42:15] frequent during the course of employment
including but not limited to work areas,
[42:21] employee lounges, restrooms, conference
rooms, meeting rooms, classrooms,
[42:26] employee cafeterias, hallways, and
vehicles. A private residence is not a
[42:31] place of employment unless it is used as
a child care, adult daycare or
[42:37] healthcare facility. J private club
means an organization whether
[42:43] incorporated or not which is the owner
lei or occupant of a building or portion
[42:49] thereof used exclusively for club
purposes at all times which is operated
[42:55] solely for a recreational fraternal,
social, patriotic, political, benevolent
[43:01] or athletic purpose but not for peer
gain and which only sells alcoholic
[43:06] beverages incidental to its operation.
The affairs and management of the
[43:11] organization are conducted by a board of
directors, the executive committee or
[43:15] similar body chosen by the members at an
annual meeting. The organization has
[43:20] established by laws and or a
constitution to govern its activities.
[43:25] The organization has been granted an
exemption from the payment of federal
[43:29] income tax as a club under 26 USC
section 5001 K. Public place means an
[43:37] enclosed area to which the public is
invited or in which the public is
[43:42] permitted, including but not limited to
banks, bars, educational facilities,
[43:53] healthc care facilities, hotel and motel
lobbies, laundromats, public
[44:00] transportation facilities, reception
areas, restaurants, retail food
[44:04] production, and marketing
establishments, retail service
[44:08] establishments, retail stores, shopping
malls, sports arenas, theaters, and
[44:13] waiting rooms. A private club is a
public place when being used for a
[44:18] function to which the general public is
invited. A private residence is not a
[44:23] public place unless it is used as a
child care, adult daycare, or healthcare
[44:29] facility. L restaurants means an eating
establishment including but not limited
[44:35] to coffee shops, cafeterias, sandwich
stands and private and public school
[44:41] cafeterias which gives or offers for
sale food to the public guests or
[44:46] employees as well as kitchens and
catering facilities in which food is
[44:50] prepared on the premises for serving
elsewhere. The term restaurant shall
[44:55] include a bar area within the
restaurant. M retail tobacco store means
[45:01] a retail store utilized primarily for
the sale of tobacco products and
[45:05] accessories and in which the sale of
other products is merely incidental. N
[45:11] service line means an indoor line in
which one or more persons are waiting
[45:16] for or receiving service of any kind
whether or not the service invol
[45:27] service line means an indoor line in
which one or more persons are waiting
[45:32] for or receiving service of any kind
whether or not the service invol
[45:40] Shopping mall means an enclosed public
walkway or hall area that serves to
[45:45] connect retail or professional
establishments. P smoking means
[45:51] inhaling. Exhaling, burning or carrying
any lighted cigar, cigarette, pipe, or
[45:58] other lighted tobacco product in any
manner or in any form. and the use of an
[46:04] electronic nine delivery system that
uses a battery and heating element in
[46:09] combination with an e-liquid or tomato
or substitutes thereof to produce a
[46:15] vapor that delivers nicotine or other
substances to the individual inhaling
[46:21] from the device to simulate smoking and
includes but is not limited to
[46:26] electronic cigarette, electronic cigars,
electronic cigar pillows, electronic
[46:31] pipes, electronic hookas, vape pens,
vape tools, vaping devices, or any
[46:37] variation of these terms. Q sports arena
means sports pavilions, stadiums,
[46:44] gymnasiums, health spots, boxing arenas,
swimming pools, roller and ice rinks,
[46:50] bowling alleys, and other similar places
where members of the general public
[46:54] assemble to engage in physical exercise,
participate in athletic competition, or
[46:59] witness sports or other events. The
changes defined herein shall become
[47:03] effective October 1st, 2026. The
provisions of this ordinance are
[47:08] separable. If any session, subsection or
provision of this ordinance be for any
[47:14] reason declared void or invalid, such
invalid shall not affect any other
[47:19] session, subsection or provisions of
this ordinance.
[47:29] Council, we've heard the
first reading of the ordinance amended.
[47:36] At this time, I'd like to ask for a
motion to place on the first
[47:40] » read.
All right.
[47:44] Councilman D. Second. Council member
comments on discussion.
[47:50] Okay. Mrs. Davis.
>> Council member Day.
[47:52] » Yes.
>> Council member Green.
[47:54] » Yes. Council member Bailey.
>> Yes.
[47:56] » Council member K. Yes. May. Yes.
>> Okay.
[48:00] » Also, first reading council is an
ordinance granting a non-exclusive
[48:03] franchise to Troy Kvision incorporation
for the purpose of constructing and
[48:09] maintaining fiber optic infrastructure
network within the public rightways
[48:13] within the city and city
is
[48:24] an ordinance renting a non-exclusive
franchise to Troy Cable Vision I
[48:32] ordinance renting a non-exclusive
franchise to Troy Cable Vision IC
[48:39] DBA Ceasefire it successors and designs
for the purpose of constructing and
[48:44] maintaining a fiber optic infrastructure
network within the public reservway
[48:47] within city of Phoenix city Alabama
resides whereas the city of Phoenix city
[48:55] Alabama has jurisdiction over the use of
public right away in the city in which
[48:59] it now or hereafter holds any property
interest including but not limited to
[49:04] public streets, roadways, highways,
bridges, land paths, boulevards, alleys,
[49:11] lanes, alleys, sidewalks, circles,
drives, public, public utility,
[49:16] dedicated utility strips and dedicated
or compatible uses now or after city and
[49:23] whereas the designs to construct,
install, maintain maintain, operate, and
[49:29] control a fiber optic infrastructure
network in public right away for the
[49:32] purpose of offering communication
services including broadband internet
[49:36] access service as defined in 47 CFR
section 8.1 and voiceover internet
[49:42] protocol services.
[50:07] But excluding multi- channeling services
over a cable system that would be
[50:11] subject to a cable franchise to
residents and businesses in municing
[50:16] services over a cable system that would
be subject to a cable franchise to
[50:20] residents and businesses in municipality
and whereas the franchisee has requested
[50:25] a franchise from the city in order to
construct and maintain a fire optic
[50:29] infrastructure network within minutes of
the city. And whereas the city council
[50:34] wishes to accommodate franchises request
and grant a franchise to allow
[50:38] franchisee to construct and maintain a
firearm infrastructure network in
[50:42] accordance with the terms and conditions
contained here. Now therefore be the
[50:46] ordained by the city council of the city
of Phoenix city Alabama as follows.
[50:51] Defined terms A. Broad services means
the transmission of immigration using
[50:56] optical fiber. B city means the city of
Phoenix city Alabama. Code means the
[51:03] city of Phoenix city Alabama municipal
code of ordinances as may from time to
[51:07] time be amended. D franchisee means
Detroit incired and its focus and its
[51:14] successors in science. E governing body
or city council means the city council
[51:19] of the city of Phoenix city, Alabama. F
gross revenues means all local revenue
[51:24] in what letter form and from all sources
determined in accordance with generally
[51:29] accepted accounting principles that is
received or approved by franchisee from
[51:33] a franchisees provision of profit
services within the city with a
[51:36] deduction for franchises uncolcted
accounts but without deduction for
[51:40] operating expenses or any other
expenditure not withstanding the
[51:45] foregoing gross revenue shall not
include in any taxes on services
[51:50] that areosed by any city, state or other
government unit and collected by
[51:54] franchisee for such government unit. G
network facilities means equipment and
[51:59] facilities that may include fiber optic
cables, lines, wires or strips. Concret
[52:05] vaults, accessles and handles,
electronic equipment, power generators,
[52:09] batteries, pedestals, boxes, cabinets,
vaults and other similar facilities. H
[52:15] person means any natural or corporate
person, business association or other
[52:19] business entity including but not
limited to a partnership, sle
[52:23] proprietorship, political subdivision,
public or private agency of any kind,
[52:27] utility, successor or assign of any
other foregoing or any other legal
[52:31] entity. Use fee means the fee paid by
franchisee to the city for locating,
[52:36] maintaining and operating network
facilities in the public right of way.
[52:40] Agreement in consideration of the mutual
promises made below municipality and
[52:45] franchisee agree as follows. One
permission to use and occupy 1.1
[52:52] permission to use and occupy public
rightway. Municipality grants franchisee
[52:56] permission to use and occupy the public
rideway for the purpose of constructing,
[53:01] installing, repairing, maintaining,
operating and if necessary removing the
[53:06] network and the related network
facilities. This agreement and the
[53:09] license do not authorize franchisee to
use any property other than the public
[53:14] right way. As of herein franchisees use
of any other municipality property
[53:19] including poles and conduits will be
subject to mutual agreement governed
[53:23] under a separate written agreement
regarding that use. 1.2 subject to state
[53:27] of Alabama and local law.
[53:52] This agreement and the license are
subject to municipalities valid
[53:55] authority under the state of Alabama and
local laws. This disagreement and the
[54:00] license are subject to municipalities
valid authority under the state of
[54:03] Alabama and local laws as they exist now
or may be amended from time to time and
[54:09] subject to additions set forth in this
1.3 subject to municipalities right to
[54:16] use public rideway. This agreement and
the license are subject and subordinate
[54:20] to municipalities prior and continuing
right to use the public rightway
[54:24] including constructing, installing,
operating, maintaining, repairing or
[54:30] removing sewers, water pipes, storm
drains, gas pipes, utility poles,
[54:34] overhead and underground electric lines
and related facilities and other public
[54:38] utility and municipal uses. 1.4 Subject
to pre-existing property interests.
[54:44] Municipalities grant of a license is
subject to all valid pre-existing
[54:48] easements, restrictions, conditions,
covenants, incumbrances, claims of title
[54:52] or other property interests that may
affect the public right of life.
[54:55] Franchisee will obtain at its own cost
and expense any permission or rights as
[54:59] may be necessary to accommodate such
pre-existing property interests.
[55:25] No grant of property interest. The
license does not grant or convey any
[55:30] property interest. 1.6. Non-exclusive.
The rights granted to franchisee
[55:35] pursuant to this agreement are
non-exclusive. Municipality expressly
[55:39] reserves the right to grant licenses,
permits, franchises, privileges or other
[55:43] rights to any other person as well as
the right to its own as a municipality
[55:48] to use the public right away for similar
or different purposes allow franchisee
[55:51] under this agreement. This agreement
does not establish any priority for the
[55:55] use of public right away by franchisee
or by any present or future franchises
[56:00] or other per owners. In the event of any
dispute as to priority of use of public
[56:05] right away, the first priority shall be
to the public challenge. The second
[56:08] priority to municipality in the
performance of its various functions and
[56:12] thereafter as between franchisee and
other franchises and permit owners as
[56:17] determined by municipality in the
exercise of its reasonable powers
[56:20] including the police power and other
powers reserved to and conferred on it
[56:24] by the state of Alabama consistent with
the rights granted to franchisee
[56:27] pursuant to this agreement. 1.7 backup
power. Franchises shall not use a
[56:32] permanent or semi-permanent internal
combustion engine to provide backup
[56:35] power at any point or points on the
network facilities without
[56:38] municipalities fire approval. Such
approval may be granted subject to
[56:42] conditions such as relating to testing
times, screening, noise levels and
[56:46] temperature and safe discharge of hot
exhaust gases. Municipality Hero grants
[56:51] franchisee approval to use backup power
generating devices including devices
[56:55] with permanent or semi-permanent
internal combustion engines at these
[56:59] network cut sites and inside buildings
or on land owned by franchisee subject
[57:04] to the specific conditions provided for
in the network leases entered into
[57:08] between franchisee and municipality for
the use of land owned by municipality
[57:12] and any applicable building code
requirements. 1.8 8 limitation on use
[57:17] rights. Nothing in this agreement shall
be construed as requiring franchisee to
[57:22] alter the manner in which franchisee
attaches equipment to the false if any
[57:26] poles are allowed by municipality or
alter the manner in which it operates
[57:29] and maintains it equipment. Two,
franchisees obligations. 2.1 individual
[57:35] permits required. Franchisee will obtain
a municipality's approval of required
[57:40] individual encroachment, construction,
repair, and maintenance of the member
[57:44] facilities and other necessary permits
before placing its member facilities in
[57:48] the public right away or other property
of municipality as authorized.
[57:52] Franchisee will pay all lawful permit
processing, fields, marking,
[57:55] engineering, and inspection fees
associated with the issuance of
[57:59] individual permits by municipality. 2.2
Franchisees sole cost and expense.
[58:04] Franchisee will perform work at its sole
cost and expense. 2.3 Compliance with
[58:10] laws. Franchisee will comply with all
applicable federal, state, and local
[58:14] laws, regulations, and ordinances when
performing the work. Franchisee shall
[58:19] comply in all sets with all applicable
codes. Franchisee will place his member
[58:24] facilities in accordance with the
required permits plans and drawings
[58:27] approved by municipality. 2.4 Reasonable
care. Franchisee will exercise
[58:32] reasonable care when performing work and
will use commonly accepted practices and
[58:36] equipment to minimize the risks of
personal injury, property damage, soil
[58:40] erosion and pollution of service or
groundwater. 2.5 Nois franchisee will
[58:45] maintain its network facilities in good
and safe condition so that it never
[58:49] facilities do not cause nuisance. 2.6 no
burden on public rightway minimum
[58:54] interference franchisee shall not erect,
install, construct, repair or maintain
[59:00] the network facilities in such fashion
as to undoing burden for present or
[59:04] future use of the public. The network
facilities shall be erected and
[59:08] maintained by franchisee so as to cause
a minimum interference with the use of
[59:12] the public right way and with the rights
or reasonable convenience of property
[59:16] owners who have join any other public
rightway. The location of network
[59:20] facilities within on over under across
or through the public right away shall
[59:26] in all cases be subject to prior
municipality approval through the
[59:30] applicable permit process. 2.7
Limitation on franchise rights except as
[59:35] they otherwise be agreed upon in writing
by municipality and franchisee. The
[59:39] rights granted to franchise here do not
include the right to excavate in,
[59:43] occupy, or use any municipality park,
recreational areas, or other
[59:48] municipality property other than the
public right away or attach or locate
[59:53] any member facilities to or on or
otherwise utilize any of any
[59:57] municipality owned property or
facilities or structures other than
[1:00:01] public right away including without
limitation, light, towers, buildings,
[1:00:05] and trees. The use of such municipality
owned property or facilities by
[1:00:10] franchisee shall be considered by
municipality on a case-by case basis and
[1:00:14] may subject to payment of additional
compensation to municipality. Similarly,
[1:00:18] the rights granted in by municipality to
franchisee do not include the right to
[1:00:23] situate any facilities on poles or other
property owned by entities other than
[1:00:27] municipality and situated in public
right away. It shall be responsibility
[1:00:31] of franchisee to negotiate any pole
attachment agreements or similar
[1:00:35] agreements with the owners of such poles
or facilities and to pay to such any
[1:00:39] required compensation. 2.8 pre-
construction days franchisee shall
[1:00:44] attend all reasonably necessary
pre-construction days as mutually agreed
[1:00:48] with municipality. 2.9 Restoration of
Property Franchisee shall restore and
[1:00:54] replace at its sole cost and assess in a
manner reasonably approved by
[1:00:58] municipality any public or private
property real or personal or portion of
[1:01:03] the public right away that is disturbed,
damaged or injured by the construction,
[1:01:08] operation, maintenance or removal of the
network facilities to at least as good
[1:01:12] condition as that which existed prior to
the if such damage is directly caused by
[1:01:17] franchises work and no other person
other than franchises personnel,
[1:01:21] employees, agents, contractors,
subcontractors or athletics is
[1:01:25] responsible for damage. Franchise
obligation in this subsection shall be
[1:01:29] limited by and consistent with any
applicable seasonal or other
[1:01:33] restrictions on destruction or
restoration work. Franchisees
[1:01:37] restoration work shall serve but not
more than 60 days of franchise being
[1:01:41] notified of the problem in question.
Upon the failure of franchisee to affect
[1:01:45] such repair or restoration, municipality
may affect the same and franchise shall
[1:01:50] not reimburse municipality for
municipalities actual, reasonable and
[1:01:54] documented costs in connection with such
repair or restoration. 2.10 emergency
[1:01:59] notification. Franchise shall provide
municipality with a 24-hour emergency
[1:02:04] telephone number at which a
representative of franchisee can access
[1:02:07] in the event of an emergency.
[1:02:32] 2.11 duty to underground. It is a policy
of municipality to have lines and cables
[1:02:38] placed underground to the greatest
extent reasonably practical as
[1:02:41] determined by the municipality. In
furance of this policy, franchisee
[1:02:46] agrees that they shall place its
constructed lines and cables underground
[1:02:49] to the extent reasonably practical as
determined by the municipality provided.
[1:02:52] However, the franchisees network sites
may be above 2.12 discontinuence and
[1:02:58] removal of the network facilities. Upon
the revocation, termination or
[1:03:03] expiration of the grant unless an
extension is granted by municipality in
[1:03:06] its discretion, franchisee shall
discontinue the original services and
[1:03:10] all rights of franchisee to use the
public right away for original services
[1:03:14] shall cease. Franchisee at the direction
of municipality shall remove any portion
[1:03:19] of facilities and restore such right
away and other affected property in
[1:03:23] accordance with section 2.9 within the
right. Alternatively usually agreed by
[1:03:29] franchise as municipality such
facilities may be abandoned in place or
[1:03:33] transferred to municipality. This
section 2.12 shall not apply to
[1:03:38] facilities constructed and owned by a
franchisee or an affiliate of franchisee
[1:03:42] where such facilities are used by
franchisee or such affiliate to lawfully
[1:03:46] provide other services.
[1:04:06] No sh on any red bond nor any shop
discharge as planned. The municipality
[1:04:12] has certified in writing that the
facilities has been disled
[1:04:18] removed and all other property restored
to satisfaction of municipality. 2.13
[1:04:24] Tree Train Franchise may trim trees upon
and overhanging the public right away so
[1:04:29] as to prevent the branches of such trees
from coming into contact with the
[1:04:33] network facilities. French shall
minimize the training of trees to train
[1:04:37] only those trees that are essential to
maintain the integrity of the network
[1:04:40] facilities except emergencies. All
training of trees in the public rideway
[1:04:45] or on municipal property shall have the
prior approval of municipality and shall
[1:04:49] be done under the direction of the
municipality's horulturist or in the
[1:04:52] event that officies taken the
municipality's public works director and
[1:04:56] all training trees on private property
shall require the consent of the
[1:04:59] property owner.
[1:05:23] All training shall be done at the
expense of franchisee. 2.14 location of
[1:05:28] facilities. Franchise shall be accurate.
Complete and current maps and records of
[1:05:33] network facilities and all franchise
facilities.
[1:05:38] emergency
[1:05:50] 2.1
franchisee shall purchas
[1:05:57] in electronic especially
[1:06:02] copies of any new or revised nasal
electrons as and if they are generated
[1:06:07] for portions of network facilities
located within municipality and will
[1:06:11] provide them to municipality upon
reasonable request and on a mutually
[1:06:15] agreed timetable subject to applicable
confidentiality protections.
[1:06:38] Upon request by municipality in an
emergency, franchisee as soon as
[1:06:42] reasonably practical shall inform
municipality of any changes for such
[1:06:46] maps and records previously supplied and
shall mark up any maps provided by
[1:06:50] municipality so as to show the location
of the network facilities. 2.14
[1:06:54] point 2. The as built maps shall include
admin all facilities located in second
[1:07:01] and facility rights and shall be drawn
to sale. 2.14.3
[1:07:07] municipality agrees that franchisee may
provide root maps rather than the
[1:07:11] asphalt task specified above. Root maps
means asphalt maps with only the
[1:07:16] following information removed.
Information on lines, whether lines are
[1:07:20] copper or fiber, and the nature of any
electronics, concrete pads for pestals
[1:07:24] and enclosures for equipment or pestals
shall be shown on mass. 2.15 utility
[1:07:30] notification program. Franchisee and
municipality shall comply with state and
[1:07:35] local utility location and locations
including 8001. Franchisee or
[1:07:41] franchisees contractor will request
locates and municipality shall provide
[1:07:45] locates of facilities as required by 811
law and regulations at all times during
[1:07:51] and after the installation of network
facilities. Franchise shall respond to
[1:07:55] all emergency location
[1:08:03] with respect to location of its existing
public utility. Municipality agrees that
[1:08:08] during the period of franchises
installation of network facilities
[1:08:11] pursuant to this agreement, municipality
will locate all municipality public
[1:08:14] utility lines as required by 81 laws and
relations. It shall be the duty of
[1:08:20] franchisee or its contractor to request
municipality to locate the public
[1:08:24] utility lines. 2.16 Inspection by
municipality network facilities shall be
[1:08:30] subject to inspection by municipality to
the extent recently requested by
[1:08:34] municipality and reasonably necessary to
assure compliance by franchisee with the
[1:08:38] terms of this agreement. Municipality
shall inspect network facilities at
[1:08:42] reasonable mutually agreed upon times
and upon reasonable notice to franchisee
[1:08:46] provided. However, the inspection shall
not interrupt or interfere with any
[1:08:50] services provided by franchisee 2.17
franchisee as consideration for the use
[1:08:56] of the city's public right away as set
forth in this agreement.
[1:09:22] The franchisee shall pay the city a used
fee of 5% franchise shall pay a
[1:09:27] franchise fee of 5% of its gross reven
[1:09:37] during each calendar
year of operation under this
[1:09:43] agreement. based on
the financials. The franchisee will pay
[1:09:48] the use fee collected from his customers
for the services annually within 45
[1:09:53] [clears throat] days of the close of
franchisees fiscal year which ends
[1:09:56] December 31st. Each used to be payment
shall accompanied by a certified report
[1:10:00] from a representative of the franchisee
which shows the basis for the
[1:10:04] computation of all recurring monthly
broadband service charges from the
[1:10:07] provision of broadband services to
persons located within the city limits
[1:10:10] during the franchisees fiscal year for
which such payment is made. In the event
[1:10:14] that the used fee payment is not
actually received by the city on or
[1:10:18] before the applicable due date set forth
in the section or is underpaid.
[1:10:22] franchisee shall pay in addition to the
UC payment or some do interest from the
[1:10:26] due date at the state's legal interest
rate of 8% annually. If franchisee does
[1:10:31] not provide broadband services to
customer within the municipal boundaries
[1:10:34] of the city, then the franchisee shall
pay the city annually per linear foot
[1:10:38] for the use of the city's public
rightway once the fiber is lit and
[1:10:42] carrying traffic commercially. In the
event the city should conduct a review
[1:10:45] of franchisees books and records and
such review indicates a use fee
[1:10:49] underpayment of 5% or more during the
entire period reviewed. The franchisee
[1:10:53] shall assume all reasonable documented
costs of such audit and pay same upon
[1:10:58] demand by the city. City may no more
than once annually audit franchisees
[1:11:02] books and records to the extent
necessary to assure payment in
[1:11:06] accordance with this franchise. All
documents pertaining to financial
[1:11:09] matters which may be the subject of an
audit by the city shall be retained by
[1:11:13] the franchisee for a minimum period of 6
years. Once any audit period has been
[1:11:17] completed, such audit period of the
franchisees books and records shall not
[1:11:21] again be a subject of any audit. 3.1
Emergency removal or relocation by
[1:11:26] municipality. In the event of a public
emergency that creates an imminent
[1:11:30] threat to the health, safety or property
of municipality or its residents,
[1:11:34] municipality may remove or relocate the
applicable portions of the network
[1:11:38] facilities without prior notice to
franchisee. Municipality will however
[1:11:42] make best efforts to provide prior
notice to franchisee before making an
[1:11:46] emergency removal or relocation. In any
event, municipality will promptly
[1:11:50] provide to franchisee a written
description of any emergency removals or
[1:11:53] relocations of franchises never
facilities. Franchisee will reimburse
[1:11:57] municipality for its actual reasonable
and documented costs or expenses
[1:12:02] incurred for any such work performed by
municipality. The direct cause of which
[1:12:06] was franchises construction,
installation, operation, maintenance,
[1:12:10] repair or removal of its network
facilities. 3.2 Relocation to
[1:12:15] accommodate governmental purposes. If
franchises then existing network
[1:12:19] facilities would interfere with
municipalities planned use of the public
[1:12:23] rightway or other municipality property
or a legitimate non-commercial
[1:12:26] governmental purpose such as the
construction, installation, repair,
[1:12:31] maintenance or operation of a new water,
sewer or storm drain line or a public
[1:12:37] road, curb, gutter, sidewalk, park or
recreational facility. Or in the event
[1:12:43] the affected public right ofway is
lawfully vacated, eliminated,
[1:12:47] discontinued or closed by the
municipality, franchisee will upon
[1:12:52] written notice from municipality.
[1:13:16] relocate its network facilities at
franchisees only expense to such other
[1:13:20] location or locations and relocate it
facility a franchise
[1:13:26] is taking into account the needs of the
municipality's governmental purpose and
[1:13:30] franchises interest in maintaining the
integrity and stability of it network
[1:13:34] franchisee will relocate its network
facilities within a commercially
[1:13:37] reasonable full period of time agreed to
by the parties taking into account the
[1:13:41] urgency of the need for relocation, the
difficulty of the relocation and other
[1:13:46] relevant facts and circumstances except
that municipality may not require
[1:13:49] franchisee to relocate or remove his
network facilities with less than 180
[1:13:53] days notice. Upon the failure of
franchisee to relocate any network
[1:13:57] facilities within a reasonable period of
time in accordance with this subsection,
[1:14:02] municipality may affect such relocation
and franchisee shall promptly reimburse
[1:14:06] municipality for all actual reasonable
and documented costs and expenses
[1:14:10] incurred by municipality in connection
with such relocation. 3.3 Relocation to
[1:14:15] accommodate non-governmental purposes.
If franchises then existing network
[1:14:20] facilities would interfere with
municipality's planned use of the public
[1:14:23] rightway for a non-governmental purpose
or a third party's use of public
[1:14:26] rightway franchisee will not be required
to relocate his network facilities. 3.4
[1:14:31] Four, non-discrimination. Any agreements
between municipality and franchisee that
[1:14:36] provide franchisee access to public
infrastructure, poles, conduits, assets,
[1:14:41] and public rightway will be available to
other network operators that offer
[1:14:45] broadband internet access services on
rates, terms, and conditions that are as
[1:14:49] favorable as those municipality provides
franchisee for the same access. Four,
[1:14:54] contractors and subcontractors. 4.1, use
of contractors and subcontractors.
[1:15:00] Franchise may entertain contractors and
subcontractors to perform the work on
[1:15:04] franchises behalf. 4.2 Contractors to be
licensed. Franchises, contractors, and
[1:15:09] subcontractors used to work will be
properly licensed under applicable law,
[1:15:13] regulations and ordinances. 4.3
authorized individuals. Franchises,
[1:15:18] contractors, and subcontractors may
submit individual permanent applications
[1:15:22] to municipality on franchises behalf so
long as the current applications are
[1:15:26] signed by individuals that franchisee
has authorized to act on his behalf via
[1:15:31] a letter of authorization provided to
municipality in the form attached as
[1:15:34] exit A. Municipality will accept or
review permit applications under
[1:15:38] disagreement submitted as signed by
authorized individuals and will treat
[1:15:42] those applications as if they have been
submitted by franchising under this
[1:15:45] agreement. Five, defense and identity.
5.1 Identification. Franchisee shall
[1:15:51] identify, defend and hold harmless
mutuality and governmental subdivisions
[1:15:56] thereof and its respective house
members, officers, boards, commissions,
[1:16:01] attorneys, agents and employees from and
against any and all liability
[1:16:08] damages, penalties, claims, costs,
charges, losses, and expenses arising
[1:16:14] from any third party claim of personal
injury or property damage that may be
[1:16:18] imposed upon.
by [clears throat] or be asserted
[1:16:21] against the indemnities by reason of any
negligent act or omission of franchisee
[1:16:26] its personnel employees.
[1:16:50] agents, contractors, subcontractors or
affiliates which may arise out of the
[1:16:55] construction, installation, operation,
maintenance or condition of the network
[1:17:00] facilities or the franchisees failure to
comply with any applicable federal,
[1:17:04] state or local statute, ordinance or
regulation provided that municipality
[1:17:09] has complied with applicable state and
local utility location and notification
[1:17:13] laws including including Alabama's 81
law and or the private service line has
[1:17:18] complied with clinical state location
and notification laws including
[1:17:23] Alabama's 811 law. Further franchisees
identification obligation shall not be
[1:17:28] extended to liability to the extent
caused by negence or willful misconduct
[1:17:32] by any or any other third party. 5.2
Two, assumption of risk. Franchise
[1:17:38] undertakes and assumes for its officers,
agents, contractors, and subcontractors
[1:17:42] and employees all risk of dangerous
conditions if any, on or about any
[1:17:46] municipality owned or controlled
property, including public RWS. 5.3
[1:17:51] defense of identities in the event any
third party legal proceedings shall be
[1:17:55] brought against the identities upon
written notice from municipality in
[1:17:59] accordance to section 5.4 here.
Franchise [clears throat] shall
[1:18:02] franchise soul cost and assets assume
sole control of the identified portion
[1:18:06] of the third party overseeing subject to
municipality may appoint non controls
[1:18:13] and any settlement requiring
municipality to admit liability pay
[1:18:16] money or take any action will require
municipalities prior consent not to be
[1:18:21] unreasonable condition or 5.4 afford
notice cooperation and expenses.
[1:18:28] Municipality must be a franchisee
written notice of any third party legal
[1:18:32] proceeding not later than 20 days after
municipality becomes aware of the third
[1:18:36] party legal proceeding. Municipality
shall reasonably cooperate with
[1:18:40] franchisee in the defense of the third
party legal proceeding and nothing
[1:18:43] herein shall be screwed to prevent
municipality from appointing its own
[1:18:47] non-controlling council at
municipality's sole costs.
[1:18:51] Six, limitation of liability. Neither
party will be liable for any indirect,
[1:18:56] special, incidental, consequential,
exemplary, or punitive damages in
[1:19:00] connection with this grant. The parties
acknowledge that this limitation will be
[1:19:04] subject to and may be limited by
applicable law. Seven, right of way bond
[1:19:09] within 30 days of the effective date.
Franchisee shall provide mun with and
[1:19:14] shall maintain a right of bond from a
shed company in the amount of $50,000
[1:19:19] and in a form reasonably acceptable to
munic as a security for faithful
[1:19:23] performance by of the versions of this
agreement. 7.1 The rights provided by
[1:19:29] section and are in addition to all other
rights of municipality whether or
[1:19:34] authorized by law and no action
receiving or exercise of right with
[1:19:38] respect to such law guarantee shall
affect any other rights municipality may
[1:19:43] have except that municipality shall not
be entitled to multiple remedies for the
[1:19:47] same violation 8 insurance 8.1
franchisee will carry and maintain 8.1.1
[1:19:55] commercial general liability insurance.
The policy lends not less than $2
[1:19:58] million in aggregate and $2 million for
each occurrence covering bodily injury
[1:20:02] and property damage [clears throat] with
the following features. CGL primary
[1:20:06] insurance endorsement and CGL policy
will include an endorsement which means
[1:20:11] the municipality, its employees and
officers as additional insurance. 8.1.2
[1:20:17] workers compensation insurance with
policy limits not less than
[1:20:20] municipalities requirements. 8.2 Two,
all insurance certificates,
[1:20:24] endorsements, coverage verifications,
and other items required for this permit
[1:20:29] will be mailed directly to
municipalities insurance compliance
[1:20:32] representative upon municipality's
request. Franchise shall provide
[1:20:36] municipality with certificates of
insurance charge prior to his first
[1:20:41] permit. Franchise shall annually provide
municipality with a certificate of
[1:20:45] insurance charge. Failure to obtain and
maintain any insurance policy required
[1:20:51] by discretion shall be deemed material
breach of this agreement and shall
[1:20:55] termination of this and franchise
contractors franchises contractors and
[1:21:01] subcontractors working in public right
shall carry in full force commercial
[1:21:05] general automobile liability and workers
compensation and employers
[1:21:11] com
[1:21:15] may provide such challenges for any or
all its contractors or subcontractors.
[1:21:19] 8.4 Insurance primary franchisees
insurance coverage shall be primary
[1:21:24] insurance with respect to his county,
his officers, agents, employees, elected
[1:21:30] and appointed officials, departments,
boards and commissions, but only for
[1:21:34] actions of franchisee and for whom
franchisee is responsible. Any insurance
[1:21:38] or self insurance maintained by any of
them shall be in excess of franchises
[1:21:43] insurance and shall not contribute to
it. Where insurance or self insurance
[1:21:47] maintained by any of them includes any
contract or agreement providing any type
[1:21:51] of identification or defense obligation
provided to or for the benefit of them
[1:21:56] from any source and includes any self
insurance program or policy or
[1:22:00] selfinsure detention or deductible by
for or on behalf of them. Nine term.
[1:22:06] This agreement is effective on the later
of the date the last party to sign execs
[1:22:10] agreement and the date on which any
implementing ordinance becomes effective
[1:22:14] in accordance with his terms and law.
This agreement will expire automatically
[1:22:18] on the 10th anniversary of the effective
date unless early terminated in
[1:22:22] accordance with the provisions herein.
10 termination 10.1 termination by
[1:22:28] municipality. Municipality may terminate
this agreement if franchisee is in a
[1:22:33] material breach of the agreement
provided that municipality must first
[1:22:37] provide a franchisee written notice of
breach and not less than 180 days to
[1:22:41] cure unless the cure cannot be
reasonably accomplished in that time
[1:22:44] period in which case the municipality
may in its discretion grant franchisee
[1:22:49] additional time upon the request of
franchisee provided that franchisee must
[1:22:54] commence in efforts to cure within that
time period and the cure period will
[1:22:57] continue as long as such diligent
efforts Continue. In the event
[1:23:00] municipality still seeks to terminate
the agreement, municipality shall cause
[1:23:05] to be served upon franchisee at least 20
days prior to the date of such a govern
[1:23:10] by meeting, a written notice of intent
to request such termination, the
[1:23:13] provisions of this agreement under which
termination is sought and the time and
[1:23:17] place of meeting. Public notice shall be
given of meeting and issues that the
[1:23:21] governing body is to consider pursuance
to the requirements of Alabama law.
[1:23:47] The governing body shall hear and
consider the issue and shall hear any
[1:23:51] person shall hear and consider the issue
and shall hear any person interested
[1:23:56] therein. and shall determine whether or
not any society shall other in mind
[1:24:00] consider the issue and shall hear any
person interested therein and shall
[1:24:04] determine whether or
[1:24:08] if the governing body shall determine
that the violation was the fault of
[1:24:11] franchisee and within its control. The
governing body may by resolution seek
[1:24:16] specific performance of any provisions
which reasonably lends itself to such
[1:24:19] revenue as an alternative to damages.
commence an action outlaw for monetary
[1:24:24] damages or declare a substantial breach
and declare that this agreement shall be
[1:24:28] terminated unless there is compliance
within such period as a government body
[1:24:31] may fix. Such period [clears throat] not
to be less than 60 days provided no
[1:24:35] opportunity for compliance need be
granted for fraud or misrepresentation.
[1:24:40] Nothing herein shall be construed as a
waiver or forfeiture of any right or
[1:24:43] remedy that either party may have
concerning or arising out of this
[1:24:47] agreement, including the right to seek
judicial redress or any breach or
[1:24:50] violation of the terms of this
agreement. No termination under the
[1:24:54] subsection will be effective until the
relevant cure period has expired. 10.2
[1:24:59] termination by franchisee franchisee may
terminate this agreement for convenience
[1:25:03] account 180 days written notice to
municipality. 11. Assignment except as
[1:25:09] set or below, neither party may assign
or transfer its rights or obligations
[1:25:13] under this agreement in whole or part to
a third party without the written
[1:25:17] consent of the other party without the
written consent of the other party. Any
[1:25:21] agreed upon assenee will take the place
of the assigned party and the assigning
[1:25:25] party will be released from all of its
rights and obligations upon such
[1:25:28] assignment. 11.1 Notwithstanding the
foregoing franchisee may assign or
[1:25:33] transfer its rights or obligations under
this agreement in whole or in part to an
[1:25:37] affiliate without the priority consent
of municipality. Following any
[1:25:41] assignment of this agreement to
affiliate franchisee will remain
[1:25:44] responsible for such affiliates
performance under the terms of this
[1:25:46] agreement. For purposes of this session,
affiliate means any person that now or
[1:25:51] in the future directly or indirectly
controls is controlled with or by or is
[1:25:57] under common control with franchisee and
control means with respect to a US
[1:26:02] corporation. The ownership directly or
indirectly of 50% or more of the voting
[1:26:07] power to elect directors thereof or a
nonu corporation s corporation. If the
[1:26:12] voting power to elect directors thereof
is less than 50% the maximum amount
[1:26:17] allowed by applicable law and any other
person 50% or more ownership interest in
[1:26:22] said person or the power to direct the
management of such person. 12 notice all
[1:26:27] notices related to this agreement will
be in writing and sent give to
[1:26:30] franchisee to email addresses set forth
below and give to municipality to the
[1:26:35] address set forth in municipality
signature lock to this agreement. If
[1:26:38] franchisee does not acknowledge receipt
of electronic mail, notice to franchisee
[1:26:42] must be given to the addresses sent
below. Notices are effective when
[1:26:46] delivered in person upon confirmation of
receipt when transmitted by electronic
[1:26:51] mail on the next business day if
transmitted by registered or certified
[1:26:55] mail. Postage prepaid on the next
business day if transmitted by overnight
[1:26:59] courier or 3 days after the date of
mailing whichever is earlier. The
[1:27:03] notices or responses to the franchisee
shall be addressed as follows.
[1:27:29] Troy Cable Vision Inc. DBA CR at JS
[1:27:37] Street
[1:27:40] and Troy Cable Vision
[1:27:47] Troy Cable Vision Inc. DBA Ceasefire ATF
Jake Cowan SVP 106S Brundage Street Troy
[1:27:55] Alabama 36081 JC Allen at ceaspire.com
Charles Al McBride Jr. General Council
[1:28:02] Telepass Inc. 1018 Highland Poly Parkway
sweet 700 Ridgeland Mississippi 39157
[1:28:09] with a copy to 13 general provisions
13.1 French franchisee shall prepare and
[1:28:16] maintain any records or reports that are
required of it by federal state or local
[1:28:20] law. Municipality shall have the right
to obtain in the format kept by
[1:28:25] franchisee in the ordinary course of
business copies of such records and
[1:28:29] reports as appropriate and reasonably
necessary to determine whether
[1:28:32] franchisee is in compliance with this
agreement. Franchisee reserves a right
[1:28:36] to object to any request made under the
section as unnecessary, unreasonable or
[1:28:40] inappropriate under the circumstances
and to seek appropriate confidentiality
[1:28:44] protections for any information to be
produced to municipality. 13.2 entire
[1:28:49] franchise. This agreement including the
exhibits attached here too contains the
[1:28:54] entire agreement between parties and all
prior franchises negotiations and
[1:28:58] agreements relating to the network
facilities or provision of services are
[1:29:02] merged herein and hereby superseded.
13.3 conferences as may be mutually
[1:29:07] agreed upon between the parties from
time to time. The parties hereby agree
[1:29:11] to meet at reasonable times on
reasonable notice to discuss any aspect
[1:29:15] of this agreement. The provision of
broad-band services or the number of
[1:29:18] facilities during the term hereof. 13.4
Governing law. This agreement shall be
[1:29:24] deemed to have been made and shall be
construed and interpreted in accordance
[1:29:27] with the law of the state of Ala. Each
party to this agreement hereby
[1:29:31] irrevocably agrees that any legal action
or proceeding arising out of or related
[1:29:36] to this agreement or any of the
agreements or transactions contemplated
[1:29:39] hereby shall brought to a circuit court
of Russell County, Alabama and hereby
[1:29:44] expressly submits to a personal
jurisdiction and venue of such courts
[1:29:47] for the purposes thereof and expressly
waves any claim of improper venue and
[1:29:51] any claim that such courts are an
inconvenient form. 13.5 favor of
[1:29:56] compliance. No failure by either party
to insist upon the strict performance of
[1:30:00] any covenant, agreement, term, or
condition of this agreement or to
[1:30:04] exercise any right, term, or remedy,
consequent upon every sh thereof shall
[1:30:09] constitute a waiver of any such breach
or such covenant, agreement, term, or
[1:30:13] condition. No waiver of any breach shall
affect or alter this agreement. But each
[1:30:18] and every covenant, agreement, term or
condition of this agreement shall
[1:30:21] continue in full force and effect with
respect to any other than existing or
[1:30:25] sensible breach thereof. Municipality
may wave any obligation of franchisee
[1:30:29] under this agreement in full or in part
at any time. But such waiver must be in
[1:30:34] writing and signed by the municipality
city clerk or their design.
[1:30:40] Almost there.
[1:31:00] 13.7.6
relationship 6. Relationship of
[1:31:04] franchisee to municipality is and shall
continue to be an independent
[1:31:09] contractual relationship and no
liability or benefits such as workers
[1:31:14] compensation, pension rights or
liabilities, insurance rights or
[1:31:18] liabilities or other provisions or
liabilities arising out of or related to
[1:31:23] a contract or employer/ employee
relationship. shall arise or approve to
[1:31:29] either party or either party's agents or
employees as a result of the performance
[1:31:34] of this agreement unless expressly
stated in this grant 13.7
[1:31:39] if any session paragraph 4 provision of
this shall be held to be invalid or
[1:31:44] uninforceable for any reason the
inability or uninforceability of such
[1:31:48] section paragraph 4 provision shall not
affect any other main provisions of this
[1:31:53] 13.8 Eight captions. All captions are
for convenience of use and have no
[1:31:57] sustained effect. 13.9 Franchise
accepted. Franchise further acknowledges
[1:32:03] by execution and delivery of this
agreement that it has carefully read the
[1:32:06] terms and conditions of this agreement
and the ordinance and
[1:32:16] the parties agree that franchise further
acknowledges by execution and delivery
[1:32:20] of this agreement that it has carefully
read the terms and conditions of this
[1:32:23] grant and the ordinance and
[1:32:30] 13.10 10 binding agreement subject to
section 2.3. The parties agree that this
[1:32:36] agreement complies with state and
federal law as of the effect date and
[1:32:40] agree to be bound by the provisions
thereof during the full term thereof.
[1:32:44] Except that the parties also agree to
recognize and be bound by any change in
[1:32:49] any state or federal law even if such
law materially affects the terms of
[1:32:53] agreement. 13.11
other covenants franchisee for itself
[1:32:58] and his affiliates covenants that
franchisee and his affiliates shall not
[1:33:02] bring or support directly or indirectly
any suit claim or receive challenging
[1:33:07] any terms agreement or contending that
municipality or franchisee did not have
[1:33:11] the authority to impose or agree to such
13.12 reserve rights municipality
[1:33:18] reserves all rights and powers under it
powers and powers conferred by federal
[1:33:22] state or local law of which municipality
may not legally and contractually dest.
[1:33:27] In particular, municipality reserves a
right to alter, amend or repeal code as
[1:33:33] it determines shall be conducive to the
health, safety and welfare of the public
[1:33:37] or otherwise in public interest provided
that any such alteration, amendment or
[1:33:42] appeal shall applicable to all similarly
situated franchises of municipality in
[1:33:46] such a manner and to such an extent so
as not to place franchisee at a material
[1:33:51] competitive advantage. In the event the
municipal code or other applicable law
[1:33:56] is amended in a manner that would
materially alter rights and obligations
[1:34:00] under this agreement
will provide franchisee with reasonable
[1:34:04] evidence of such containment and upon
request franchisee negotiate in good
[1:34:09] faith to modify this agreement to any
adverse effects such a municipal
[1:34:14] coercions would have on franchisees
performance under this agreement. The
[1:34:17] municipality agrees that by accepting
this agreement franchisee has not waved
[1:34:21] it right to object application to it but
actions by municipality pursu
[1:35:15] 13.13 13 representation regarding
ethical standards for municipality
[1:35:20] officers and employees and former
municipality officers and employees.
[1:35:25] Franchise represents that to the best of
his knowledge it has not
[1:35:30] one provided an illegal gift or payoff
to a municipality officer or employee or
[1:35:35] former municipality officer or employee
or his or her relative or business
[1:35:40] entity. Two, retain any person to
solicit or secure this contract upon an
[1:35:45] agreement or understanding for a
commission, percentage, brokerage, or
[1:35:49] contingent fee other than bonafide
employees or bonafide commercial selling
[1:35:54] agencies for the purpose of securing
[1:35:59] business. Three, breach any of the
ethical standards set forth in the
[1:36:03] municipality's conflict of interest
ordinance. 44 influence and hereby
[1:36:08] promises that it will not knowingly
influence a municipality officer or
[1:36:13] employee or former municipality officer
or employee to breach any of the ethical
[1:36:18] standards set forth in the
municipality's conflict of interest
[1:36:22] ordinance 13.14 city representative the
city manager or his or her sneige as
[1:36:29] provided in writing by the city manager
to the franchisee the city
[1:36:33] representative shall be municipalities
represent representative for all
[1:36:37] purposes of this agreement except where
city council action is required by this
[1:36:42] agreement or by law. All decisions,
judgments, approvals, requests, notices
[1:36:48] or other actions of municipality,
required or permitted under this
[1:36:52] agreement shall be made, obtained,
issued or delivered or otherwise
[1:36:56] affected on behalf of municipality by
the city representative or his or her
[1:37:01] design.
13.15
[1:37:04] Authority franchisee represents
covenants and warrants to municipality
[1:37:09] as of the effective date that A
franchisee is duly constituted in good
[1:37:15] standing and qualified to do business in
the state of Alabama. B franchisee will
[1:37:20] file when due all forms, reports, fees
and other documents necessary to comply
[1:37:25] with applicable laws. and C the
signatory signing on behalf of
[1:37:30] franchisee have the requisite authority
to bind franchisee pursuant to
[1:37:35] franchisees organizational
organizational documents
[1:37:40] 1316 franchisees
acceptance of this agreement shall be in
[1:37:45] writing in a form approved by the city
attorney and shall be accompanied by
[1:37:49] delivery of a check approved by the city
in the amount of $5,000 made payable to
[1:37:54] the city of Phoenix city Alabama and
shall shall serve to recover expenses
[1:37:58] incurred by the city in the running of
this franchise. Said expenses shall
[1:38:03] include attorney's fees and consulting
expenses incurred by the city.
[1:38:18] Okay. Okay. council be heard u the
reading of the resolution both by and
[1:38:31] so at this time I'd like to ask this
council for a motion to place on first
[1:38:35] reading
have a motion on
[1:38:38] » motion play on first reading motion
council day and second council member
[1:38:44] okay call this Davis
>> council member today.
[1:38:50] » Council member Day.
>> Yes.
[1:38:54] » Council member Green.
>> Yes.
[1:38:55] » Council member Bailey.
>> Yes.
[1:38:56] » Council member Florence.
>> Yes.
[1:38:58] » Mayor Law.
>> Yes.
[1:38:59] » Thank you.
>> Okay. Thank you. Next. Council, we do
[1:39:03] have a board of under commission.
We have a opening but one of the person
[1:39:13] that's serving Miss Ay has in contact
and she has agreed to serve again on the
[1:39:20] planning commission. So at this time I'd
like to ask this council for a motion to
[1:39:25] reappoint Mrs. Andy Lens to the planning
commission
[1:39:29] that motion this time. All right. Have a
motion council and second council
[1:39:34] member.
All
[1:39:35] » oppose. Mrs. Davis.
>> Council member Dave.
[1:39:38] » Yes.
>> Council member Green.
[1:39:39] » Yes.
>> Council member Bailey.
[1:39:41] » Yes.
>> Council. Yes. Mayor L.
[1:39:44] » Yes.
>> Thank you. Thank you.
[1:39:46] » Thank you, council.
Been here a little while, but it's just
[1:39:51] it's been a very good meeting. We have
to do what we have to do and we've shown
[1:39:54] that and has done that. So with that
said, I appreciate everyone being here,
[1:39:59] the department head and all the other
people and guests. Thank you all so much
[1:40:03] for being here. At this time, I' like to
ask of the comments before I refer to
[1:40:08] the city manager of the county.
[1:40:18] I was just going to say um just want to
reiterate the celebration uh thanks to
[1:40:22] our parks and rec department as well as
other city officials um for allowing
[1:40:28] that celebration. We know that there
will be other opportunities um hopefully
[1:40:33] by the council to recognize the young
athletes and their efforts. But want to
[1:40:36] thank you all for um such a great
turnout on last time
[1:40:41] » did in a short time. Great. Thanks so
much. Let's give honor to do that was
[1:40:47] shown yesterday. So [clears throat]
nothing else to say. I do want to thank
[1:40:52] everyone for being here. We thank this
community. So let's continue to be part
[1:40:56] of the solution instead of part of the
problems. And we also like to thank CTV
[1:41:03] me for being here and we thank this
community and we love this community and
[1:41:07] we ask that we all share that love with
this community. So with that being said,
[1:41:12] at this time we do stand journal. Thank
you so much.