AGENDA JUNE 18,2 2024 CITYCOUNCIL MEETING The Enterprise City Council will convenei in Regular Session at 6:00p p.m., Tuesday, June 18, 2024, at Enterprise Civic Center. ROLL CALL. .President .President President President OPENING PRAYER & PLEDGE OF ALLEGIANCE. APPROVAL OF AGENDA. Call for ai motion to approve the agenda ofthe meeting as submitted. CONSIDERATIONOP CONSENT AGENDA. All matters listed within the Consent Agenda have been distributed to each member of the Council for review, are considered to be routine, and will be enacted by one motion oft the City Council with no separate discussion. Ifseparate discussion is desired on an item, that item may be removed from the Consent Agenda and placed on the Regular Agenda by request ofai member of the City Council. Call for a motion to approve the Consent Agenda as presented: City Council Work Session Minutes of June 4, 2024 City Council Meeting Minutes of June 4, 2024 Contract Billings in the amount ofS1,098,610.18 as follows: Whaley Construction Co., Inc.- Beasley Construction Services, Inc.- Application No. 17-$950,075.79- - Construction - Recreation & Aquatics Center Estimate No. 15-$102,358.70- - Construction Multipurpose Rec Complex/Phasel Application No. 6-$16,538.35 - Construction - New Pickleball Courts Poly, Inc.- CDG- Invoice No. 20393-58,250.90: - Construction Phase Services - Multipurpose Rec Complex/Phasel Invoice No. 20387-$12,727.03- -) Engineering Services - Hwy 167N Sewer Utilities Relocation Invoice No. R085522344 $8,659.41 - Geotechnical Services - Recreation & Aquatics Center Recognize Mayor Cooper, who will present a certificate to the newly crowned Ms. Full-Figured Alabama PRESENTATION OF CERTIFICATE: -A Alexis Crawford. President President Plus 2024, Alexis Crawford. REQUEST TO. ADDRESS COUNCILSTREET CLOSURE. (Katherine Decker/Legacy Farms Community Event) Recognize Katherine Decker, representing the Legacy Farms Community, who has requested to address the Council to obtain aj permit to close Homestead Way on Saturday, July20,2024, from 12:00p.m. until 8:00 p.m. for a community event. **Refer to Police Chief Michael Moore prior to consideration of the request. Call for a motion to approve the following permit requests as submitted: CONSIDER PERMIT/STREET CLOSURE REQUESTS. (Main Street Enterprise/Mardi Gras on Main Events) President Mardi Gras on Main Golf Cart Parade Street Closure: 3:00 p.m. - 5:00 p.m. Railroad Tracks) Mardi Gras on Main Ball Event Time/Date: 4:00p.m.- - 5:00p.m., Saturday, February 1,2025 Street Closure Area: East College Street (Edwards to Main) and West College Street (Main to Event' Time/Date: 5:00p p.m. - 9:00p.m., Saturday, February1,2025 Street Closure Area: Railroad Street (West College Street to West Grubbs Street) Street Closure: 12:00p p.m. - 10:00 p.m. **Refer to Police Chiefl Michael Moore prior to consideration ofthe request. PRIVILEGE OFTHEFLOOR (Persons allowed 3 minutes to address the Council).. .President President STAFF REPORTS. OLD BUSINESS PUBLICHEARING. & CONSIDERATIONORDINANCE0S2124. President (Lunsford & Lunsford Farms, Inc. Rezone 1) Call for aj public hearing prior to consideration of Ordinance 05-21-24, providing for the rezoning of 10.06 acres ofl land owned by Lunsford & Lunsford Farms, Inc. from R-2 (Medium Density Single Family Residential District) to R-4 (Mixed Residential District) located on Porter Lunsford Road on the east side of Hunters Hilll Phasel I. At the close oft thel hearing, call for consideration of Ordinance 05-21-24. PUBLIC HEARING & CONSIDERATION/ORDINANCE 05-21-24-A. President (Lunsford & Lunsford Farms, Inc. Rezone 2) Call for aj public hearing prior to consideration ofOrdinance 05-21-24-A, providing for the rezoning of10.53 acres ofl land owned by Lunsford & Lunsford Farms, Inc. from R-5 (Multifamily Residential District) to R-4 (Mixed Residential District) located onl Porter Lunsford Road on the east side of Hunters Hill Phase I. At the close oft the hearing, call for consideration of Ordinance 05-21-24-A. PUBLIC HEARING & CONSIDERATIONIORDINANCE 05-21-24-B. President (Lunsford & Lunsford Farms, Inc. Rezone 3) Call for a public hearing prior to consideration of Ordinance 05-21-24-B, providing for the rezoning of 10.11 acres ofl land from R-5 (Multifamily Residential District) to R-2 (Medium Density Single Family Residential District) located on Porter Lunsford Road on the east side ofl Hunters Hilll Phase I. At the close oft thel hearing, call for consideration ofOrdinance 05-21-24-B. REVIEW & CONSIDER ORDINANCE 06-04-24. (Uniti Fiber GulfCo LLC Franchise) President Call for consideration of Ordinance 06-04-24, providing to grant ar non-exclusive franchise to Uniti Fiber GulfCo LLC to construct, install, operate, and maintain a fiber-based telecommunications network in the City of Enterprise in and along city rights-of-way. The franchise agreement is fora at term oft ten (10): years with af franchise fee of 5% of thea annual gross revenues. NEW BUSINESS INTRODUCE PLANNING COMMISSION: RECOMMENDATIONS. President Introduce, for the record, the following recommendations from the Enterprise Planning Commission: Arecommendation to approve a request by Beverly Hudson and Dexter Gilley, on behalfof Gertrude Saunders Family Trust, for the rezoning of5.08 acres ofland from R-2 (Medium Density Single Family Residential District) tol R-4 (Mixed Residential District), located at 101 East Drive. Ar recommendation' to deny ai request by Beverly Hudson and Dexter Gilley, on behalfof Gertrude Saunders Family Trust, for the annexation and zoning of 15.40 acres ofl land tol R-4 (Mixed Ar recommendation to deny ai request by Beverly Hudson and Dexter Gilley, on behalfof Gertrude Saunders Family Trust, for the rezoning of18.14 acres ofl land from R-2 (Medium Density Single Family Residential District) tol R-4( (Mixed Residential District), located at 101 East Drive. Residential District), located at 101 East Drive. INTRODUCE ORDINANCE 06-18-24.. (Saunders Family7 Trust Rezone 1) District), located at 101 East Drive. INTRODUCE ORDINANCE 06-18-24-A.. (Annexation & Zoning/Saunders Family Trust) President Introduce Ordinance 06-18-24, providing for the rezoning of 5.08 acres ofland owned by Gertrude Saunders Family Trust from R-2( (Medium Density Singlel Family Residential District) to R-4 (Mixed Residential Call for aj public hearing tol be held at the regular meeting scheduled for. July 16,2024. President Introduce Ordinance 06-18-24-A, providing for the annexation and zoning of15.40 acres ofl land owned by Gertrude Saunders Family Trusti into the cityl limits and to establish zoning ofl R-4( (Mixed Residential Call for aj public hearing tol bel held att the regular meeting scheduled for. July 16, 2024. District). INTRODUCE ORDINANCE 06-18-24-B. (Saunders Family Trust Rezone 2) .President Introduce Ordinance 06-18-24-B, providing for ther rezoning of 18.14 acres of land owned by Gertrude Saunders Family Trust from R-2 (Medium Density Single Family Residential District) to R-4 (Mixed Call for a public hearing to be held at the regular meeting scheduled for July 16, 2024. Residential District), located at 101 East Drive. REVIEW & CONSIDER RESOLUTION 06-18-24.. (Amend Employee Classification Plan/Athletic Supervisor) .President Introduce and call for consideration of Resolution 06-18-24, providing for an amendment to Ordinance 10- 16-01, which establishes the Employee Classification Plan/Salary Schedule. The amendment calls for the deletion oft the position of Gym Supervisor, Pay Grade 9, and the creation of the position of Athletic Supervisor, Pay Grade 17. REVIEW & CONSIDER RESOLUTION 06-18-24-A.. (Grant Additional Funds/Public Building Authority) .President Introduce and call for consideration of Resolution 06-18-24-A, amending Resolution 07-05-23 and approving the granting of additional funds of up to $400,000.00 to the Public Building Authority of the City of Enterprise to cause necessary renovations to City Hall, and will approve and authorize the execution ofan amended agreement. (Granting of Funds/ID Board) REVIEW & CONSIDER RESOLUTION 06-18-24-B.. President Introduce and call for consideration of Resolution 06-18-24-B, providing to approve the granting of funds of upt to $3,000,000.00 to the Industrial Development Board of the City of] Enterprise to assist with the necessary match required for the Alabama Site Evaluation and Economic Development Strategy (SEEDS) development and acquisition grant related to the purchase of approximately 296 acres of land known or to be known as Enterprise Commerce Park. (FY 2024 Budget Amendments) the FY 20241 budget. (Main Street Alabama) name and trademarks. REVIEW & CONSIDER RESOLUTIONO61B24C. .President Introduce and call for consideration of Resolution 06-18-24-C, providing to approve certain amendments to AUTHORIZE MAYOR TOI EXECUTE TRADEMARK SUBLICENSE, AGREEMENT. .President Call for a motion to authorize the Mayor to execute a' Trademark Sublicense Agreement with Main Street Alabama toj provide Main Street Enterprise with certain rights to use the National Main Street Center, Inc.'s AUTHORIZE MAYOR TO EXECUTE AGREEMENT. (Tyler Technologies/Human Resources Software System) .President Call forai motion to authorize the Mayor to execute an agreement with' Tyler Technologies for the installation, maintenance, and technical support ofa computer software system for Human Resources. Call for a motion to authorize the Police Chief to execute an agreement on behalf of Enterprise Police Department with Pike Regional Child Advocacy Center to formalize the terms under which PRCAC and AUTHORIZE POLICE CHIEF TOI EXECUTE AGREEMENT. President (Pike Regional Child Advocacy Center) partnering agencies operate and the coordination ofs services among them. REQUESTPERMISSIONTORESURESURFACETENNIS COURTS. President (Parks & Recreation/Donaldson Park) Introduce and call for consideration ofa request from Billy Powell, Director of Community Services and Recreation, to approve the resurfacing of six courts at Donaldson Park by American Tennis Courts, Inc., for $56,810.00. The resurfacing is required every five years for warranty purposes and is an FY 2024 budgeted item. REQUESTPERMISSIONTOPURCHASE EQUIPMENT. President (Parks & Recreation/Electric Scissor) Introduce and call for consideration ofar request from Billy Powell, Director of Community Services and Recreation, to purchase a Skyjack 40' Electric Scissor from Thompson Rents through the Sourcewell Purchasing Program for $34,595.00. The equipment is al budgeted item in thel FY 2024 budget. REQUEST7 TOS SEEK ANNUAL BIDS.. bids for the followings services: .President Introduce and call for consideration ofai request from City Engineer/Public Works Director Barry Mott tos seek HVAC. Preventative Maintenance - City Wide Pest Control Services City Wide Veterinary Services - Animal Control, Enterprise Police Department MAYORS REPORT. .President .President President COUNCILMEMBER COMMENTS. ADJOURNMENT: 0pm,Tusdg,.y220A Council Work Session. ADDENDUM: TO: FROM: RE: DATE: MAYOR AND CITY COUNCIL BEVERLY SWEENEY, CITY CLERK CONSENT AGENDA FOR JUNE 18, 2024 COUNCIL MEETING JUNE 14,2024 By approving the Consent Agenda, you will cumulatively approve the following items as presented in your packets: A. The minutes of the June 4, 2024 Work Session. B. The minutes oft the June 4, 2024 Regular Session. C. Contract Billings in the amount ofS1,098,610.18 as follows: Whaley Construction Co., Inc.- Beasley Construction Services, Inc.- Application No. 17-$950,075.79 - Construction - Recreation & Aquatics Center Estimate No. 15-$102,358.70: = Construction - Multipurpose Rec Complex/Phasel Application No. 6-$16,538.35- Construction - New Pickleball Courts Poly, Inc.- CDG- Invoice No. 20393- -$ $8,250.90- - Construction Phase Services- Multipurpose Rec Complex/Phase I Invoice No. 20387-$ $12,727.03 - Engineering Services- Hwy 167N Sewer Utilities Relocation Invoice No. R085522344-56,6941 - Geotechnical Services - Recreation & Aquatics Center CITYCOUNCIL WORK SESSIONN MINUTESOF JUNE4.2024 Thel Enterprise City Council convened in' Work Session at 5:00 p.m., Tuesday, June 4, 2024, at Enterprise Civic Center. PRESENT: Council President Turner Townsend, District #5 Council President Pro-Tem Sonya W. Rich, District #1 Council Member Eugene Goolsby, District #2 Council Member Greg Padgett, District #3 Council Member Scotty Johnson, District #4 Mayor William E. Cooper City Attorney Ashley Marshall Consulting Engineer Glenn Morgan City Department Heads ALSO PRESENT: City Clerk Beverly Sweeney was present and kept the minutes. ROLL CALL - Council President Townsend noted that all Council Members were present. O2GOALS UPDATE City Engineer/Public Works Director Barry Mott reported, on behalfofCity. Administrator. Jonathan Tullos, the status of the 2024 Q2 goals, including completed items and a timeline for nearly completed items. REVIEW OF AGENDA Council President Townsend requested a review oft the agenda for the. June 4, 2024, Council Meeting. Following review and discussion, Council Members requested no additions, deletions, or changes. Council Members agreed to hold a dedicated Work Session to discuss the FY 2025 budget on Thursday, FY2025 BUDGET: MEETING August 22, 2024, starting at 9:00 a.m., at thel Enterprise Civic Center. 03STRATEGICI PLANNING Council Members requested that the start time for the. July 2, 2024, Work Session be moved to 4:00 p.m. toa allow additional time to discuss the CY 2024 Q3 goals. PROPOSED POLICE STAFFING CHANGES Police Chief Michael Moore proposed changes ins staff positions for Fiscal Year 2025 due to outdated job duties and current needs within the department. The proposed changes include the creation ofar new position, Evidence' Tech, deletion oft the Patrol. Accident Clerk position, and adjustment ofi internal staff with the CID Accident Clerk position. Ifapproved, the twol Evidence Tech positions will assist EPD investigators with thei inventory and transport of evidence to the Department of Forensic Sciences labi in Montgomery, among other things. ADJOURNMENT 5:35 p.m. There being no further business before the Council, the President declared the Work Session adjourned at Turner Townsend Council President Beverly Sweeney City Clerk CITY COUNCIL MEETING MINUTES OF JUNE 4,2024 Thel Enterprise City Council convened inl Regular Session at 6:00p.m., Tuesday, June 4, 2024, at Enterprise Civic Center. PRESENT: Council President Turner Townsend, District #5 Council President Pro-Tem Sonya W. Rich, District #1 Council Member Eugene Goolsby, District #2 Council Member Greg Padgett, District #3 Council Member Scotty. Johnson, District #4 ALSOPRESENT: Mayor William E. Cooper City Clerk Beverly Sweeney was present and kept the minutes. ROLLO CALL- Council President Townsend noted that all Council Members were present. Thel President called for a motion to approve the agenda oft the meeting as submitted. Council Member Johnson moved to approve the agenda of the meeting as submitted. Council Member Padgett seconded the motion. The vote being: Rich Aye; Goolsby Aye; Padgett Aye; Johnson Aye; Townsend APPROVAL OF AGENDA Aye. The President declared the motion carried. CONSIDERATIONOP CONSENT AGENDA Thel President called for a motion to approve the Consent Agenda as presented: City Council Work Session Minutes of May 21, 2024 City Council Meeting Minutes of May 21, 2024 City ofl Enterprise $855,557.85 City of Enterprise -$14,991.36 Travel Requests as follows: E-911 Tangi Hill Prattville, Alabama July 24-26, 2024 Estimated Cost: $605.15 Accounts Payable (A): for May 2024 in the amount of$1,023,919.51 as follows: Accounts Payable (B) for May 2024 int the amount of $14,991.36 as follows: Water Works Board- $168,361.66 911 Districts Workshop, SEAL911 & Statel Board Meetings Council Member Goolsby moved to approve the Consent Agenda as presented. Council Member Rich seconded the motion. Council President' Townsend indicated that Accounts Payable (B) included payments to' Townsend Building Supply, a companyi in which he has an interest, and noted he would abstain from voting. The vote being: Rich - Aye; Goolsby Aye; Padgett Aye; Johnson- Aye; PRIVILEGE OF THE FLOOR (Persons allowed 3 minutes to address the Council) Townsend - Abstain. The President declared the motion carried. No one requested to address the Council. STAFF REPORTS No reports were presented. OLDBUSINESS REVIEW. & CONSIDER ORDINANCE 05-21-24-C (Unsafe Structures & Dangerous Buildings) Thel President called for consideration of Ordinance 05-21-24-C, providing for the fixing of costs, creation ofl liens, making of assessments, and collection of costs associated with repairing, moving, or demolishing buildings and structures, or parts of! buildings and structures, party walls, and foundations when foundt to be unsafe tot the extent ofb being aj public nuisance from any cause. Council Member Padgett moved to adopt Ordinance 05-21-24-C. Council Member Johnson seconded the motion. The votel being: Rich Aye; Goolsby Aye; Padgett Aye; Johnson Aye; Townsend Aye. The President declared the motion carried and Ordinance 05-21-24-C duly passed and adopted. DECLARATION- Appropriate Municipal Officials & Appropriate City Officials Thel President called onl Mayor Cooper, who read the Declaration of Appropriate Municipal Officials and Appropriate City Officials, attached to the minutes as ai matter of record. He declared that Barry Mott, the City Engineer/Public Works Director, and Christopher Davis, the Fire Chief, are each designated as the "appropriate municipal official" and' "appropriate city official" for the City of Enterprise. CITY COUNCIL MEETING MINUTES OF. JUNE 4,2 2024 REVIEW & CONSIDER OBDMANCECS3IAEDN Abatement) nuisances, authorize abatement, and assess costs toj property owners. Page2 Thel President called for consideration of Ordinance 05-21-24-D, providing to declare weeds as public Council Member Goolsby moved to adopt Ordinance 05-21-24-D. Council Member Rich seconded the motion. The vote being: Rich - Aye; Goolsby - Aye; Padgett Aye; Johnson- - Aye; Townsend- - Aye. Thel President declared the motion carried and Ordinance 05-21-24-D duly passed and adopted. PUBLICHFARING & CONSIDERATIONABC LICENSE REQUEST - Tacos Way Thel President called for a public hearing prior to consideration ofai request from Tacos Way 3, LLC d/b/a Tacos Way, for al Restaurant Retail Liquor license located at 1016 Rucker Boulevard. No comments were offered. Thel President closed the hearing and called for consideration oft the ABC license request. Council Member Johnson moved to approve the ABC license request as submitted. Council Member Rich seconded the motion. The vote being: Rich Aye; Goolsby Aye; Padgett Aye; Johnson Aye; REVIEW & CONSIDER BIDE RECOMMENDATION. (Police Department/Cargo Van) Thel President introduced and called for consideration ofar recommendation from Police Chief Michael Moore to award Bid Requisition No. 2024-10 tol Mitchell Chrysler Dodge. Jeep Ram in the amount of $55,978.00 for a 2024 Ram 25001 Pro Cargo Van (High Roof). No other bids were received. Council Member Padgett moved to award Bid Requisition No. 2024-10 tol Mitchell Chrysler Dodge Jeep Rami in the amount of $55,978.00. Council Member. Johnson seconded the motion. The vote being: Rich - Aye; Goolsby- - Aye; Padgett Aye; Johnson - Aye; Townsend - Aye. The President declared the Townsend Aye. Thel President declared the motion carried. motion carried. NEW] BUSINESS INTRODUCEORDINANCE 06-04-24 (Uniti Fiber GulfCo LLC Franchise) Thel President introduced Ordinance 06-04-24, providing to grant a non-exclusive franchise to Uniti Fiber GulfCol LLC to construct, install, operate, and maintain a fiber-based telecommunications: network in the City of Enterprise in and along city rights-of-way. The franchise agreement is for a term oft ten (10): years with ai franchise fee of5 5% oft the annual gross revenues. Council President Townsend announced that consideration of the ordinance would lay over until the regular meeting scheduled for. June 18, 2024. REVIEW & CONSIDER RESOLUTION 06-04-24 (2024 CDBG Application) Thel President introduced. and called for consideration of Resolution 06-04-24, providing for the authorization of Ewing-Conner and Associates, Inc. to proceed with the preparation ofthe city's2024 Community Development Block Grant (CDBG) grant application for funding assistance associated with thej proposed demolition and clearance of abandoned, vacant, public nuisance properties. Resolution 06- 04-24 further authorizes thel Mayor to execute a Contractual Agreement with Ewing-Conner and Associates, Inc. for the provision of program management and administrative services should funding Council Member Rich moved to adopt Resolution 06-04-24. Council Member Goolsby seconded the motion. The votel being: Rich- Aye; Goolsby Aye; Padgett Aye; Johnson Aye; Townsend - Aye. Thel President declared the motion carried and Resolution 06-04-24 duly passed and adopted. AUTHORIZE MAYOR TO EXECUTE GRANT AGREEMENT (USDOT/Safe Streets and] Roads for All Thel President called for a motion to accept Safe Streets and Roads for All (SS4A). grant funds from the U.S. Department ofTransportation Federal Highway. Administration and further authorize the Mayor to sign any and all paperwork related tot the grant agreement. The funding, totaling $180,000.00, will be utilized to develop a Safety Action] Plan for the City of Enterprise, with the city's portion being Council Member Padgett moved to accept Safe Streets and Roads for All grant funds and authorize the Mayor to execute the grant agreement as submitted. Council Member Johnson seconded the motion. The vote being: Rich- Aye; Goolsby- Aye; Padgett Aye; Johnson Aye; Townsend - Aye. The President AUTHORIZE MAYOR TOI EXECUTEAGRIEMENT (SCPDC/Code Enforcement) The President called for a motion to authorize thel Mayor to execute a software license and service agreement with South Central Planning and Development Commission (SCPDC) for approval be forthcoming. Program) $45,000.00. declared thei motion carried. MyGovementOnline (MGO) software as follows: CITY COUNCIL MEETING: MINUTES OF JUNE 4, 2024 EXECUTEA AGREEMENT (Continued): Page 3 Thel 1001-20001 Permit Volume package for Codel Enforcement, billed at $143.75 monthly. The contract terms are two (2): years, with automatici renewal for twelve-month periods following the end ofthei initialt term. The requested purchasei isi included int thel FY24 budget. Council Member. Johnson moved to authorize thel Mayor to execute the agreement as submitted. Council Member Richs seconded the motion. The vote being: Rich- Aye; Goolsby- Aye; Padgett- Aye; AUTHORIZE POLICECHIEF TO EXECUTEI MEMORANDUME OFLMDESTANDNCCEN Thel President called fora a motion to authorize the Police Chieft to execute al Memorandum of Understanding tos sett thet terms and understanding between thel Enterprise Police Department and Wiregrass Angel Houset to continue their mutual partnership to assist underserved victims ofv violent crimes. Upon notification by the Enterprise Policel Department, Wiregrass Angel House will assist victims and their families through services such as crime scene clean-up, death notification, funeral arrangements, crisis counseling, ongoing counseling, and group therapy. All services are free of charge and provided through funding from the. Alabama Department ofl Economic and Community Affairs. Council Member Rich moved to authorize thel Police Chieft to execute thel Memorandum of Understanding ass submitted. Council Member Goolsby seconded the motion. The vote being: Rich Aye; Goolsby Aye; Padgett- - Aye; Johnson - Aye; Townsend- Aye. The President declared the motion carried. Thel President introduced and called for consideration ofar request from City Engineer/Public Works Director Barry Mott to approve the purchase of1 1.61 acres ofland adjacent tot the Enterprisel Municipal Airport (Parcel 26) andf further authorize thel Mayor to execute an agreement toj purchase said property Council Member Richr movedt to authorize thel Mayor to execute. an agreement to purchase 1.61 acres of land adjacent to the Enterprise Municipal Airport from Elmer Strickland at a cost not exceeding $24,000.00. Council Member Goolsby seconded the motion. The votel being: Rich- Aye; Goolsby- - Aye; Padgett - Aye; Johnson - Aye; Townsend- - Aye. The President declared the motion carried. REQUESTTOI PURCHASE EQUIPMENT (FireI Department/CPAT Program) Thel President introduced: and calledf for consideration ofar request from Fire Chief Christopher Davisto purchase the following FY24 budgeted items from CPATI Distribution, Inc. at at total cost of$21,617.99: Johnson- - Aye; Townsend Aye. The President declared the motion carried. Angel House) REQUEST' TOF PURCHASE PROPERTY froml Elmer Stricklandi in an amount not to exceed $24,000.00. Two (2). Aluminum Extension Ladders One (1) Endurance Climbmill One (1) Forcible Entry Machine One (1) Portable Stand Councill Member. Johnson moved to approve the purchase request as submitted. Council Member Rich secondedt the motion. The votel being: Rich- - Aye; Goolsby- Aye; Padgett Aye; Johnson- - Aye; REQUESTTOPURCHASEFLOORINGI (Firel Department/Fastside Fire Station) Thel President introduced. and called for consideration ofar request from Fire Chief Christopher Davis to purchase 5.51 mml hiddenj joint SupraTile floor tiles from ArmorPoxy at a cost of$4.44 per square foot. Ther request is an! FY24a approved expense to upgrade the interior floor atl Eastside Fire Station. The purchase cost with shipping is $10,000.00, and in-house personnel will provide installation. Council Member Padgett moved toa approve the purchase request ass submitted. Council Member. Johnson seconded the motion. The votel being: Rich Aye; Goolsby- Aye; Padgett- - Aye; Johnson- Aye; REQUESTTOINSTALLREPLACEMENT CARPET(Fire Department/Central Fire Station) Thel President introduced and calledf for consideration ofar request from Fire Chief Christopher Davist to install replacement carpet int the administrative area at Central Fire Station. Ther request is anl FY24 approved improvement; project, and Enterprise Wholesale will provide labor and materials at at total cost Council Member Richt movedt to approve the request ass submitted. Council Member. Johnson seconded the motion. The votel being: Rich- - Aye; Goolsby- Aye; Padgett Aye; Johnson Aye; Townsend - Townsend- Aye. Thel President declared the motion carried. Townsend- Aye. Thel President declared the motion carried. of$7,804.55. Aye. Thel President declared the motion carried. CITY COUNCIL MEETING MINUTES OF. JUNE 4,2 2024 REQUESTTOI PURCHASE INVENTORY(Parks & Recreation) Page4 Thel President introduced and called for consideration ofar request from Billy Powell, Director of Community Services and Recreation, to purchase the following FY241 budgeted items for use int the new Twenty (20): 3-Row Tip &1 Roll Bleachers andl Four (4) Four-Row Standard Bleachers from One(1)20'x16' Portablel Platform Set for $13,940.95 from Worthington! Direct Council Member Goolsby movedt to approve thej purchase request as submitted. Council Member Padgett seconded the motion. The votel being: Rich- - Aye; Goolsby- Aye; Padgett- Aye; Johnson- - Aye; Thel President introduced ando called for consideration ofar request from City Engineer/Public Works Director Barry Mott tos solicit proposals from demolition contractors on and on-calll basis for upt to a three- year period tol be used for future demolition projects withint the City of Enterprise. Council Member Padgett movedt to approve the request as submitted. Council Member. Johnson seconded the motion. The votel being: Rich Aye; Goolsby- Aye; Padgett Aye; Johnson Aye; Townsend- - CONSIDER STREFTLIGHTINGI MODIFICATION (Chapple Hill Subdivision, PhaseI D Thel President introduced and calledi for consideration ofar request from Assistant Director of] Engineering Thomas Hardy toi install the following street lights at ana annual cost of $947.52: Nine (9)4 49W decorative fixtures and poles and one (1) 101W area fixture and polei in Chapple Council Member Rich moved to approve the street lighting request as submitted. Council Member Padgett seconded the motion. The votel being: Rich Aye; Goolsby- Aye; Padgett- Aye; Johnson - Thel Regular Session was recessed at 6:25p p.m. and convened into the E-911 Board Meeting. Thel Regular Session was reconvened at 6:30p p.m., following adjournment oft the E-911 Board Meeting. Mayor Cooper provided reports, updates, and announcements from various departments and events. Council Members recognized the contributions of everyone involvedi in drafting the new ordinances for Dangerous Buildings/Unsafe Structures and' Weed Abatement. They also thanked meeting attendees and There! being no further business before the Council, thel President declared thel Regular Session adjourned Recreation & Aquatics facility: Outdoor. Aluminum ata at total cost of$31,616.00 Townsend- Aye. Thel President declared the motion carried. REQUESTTOSOLICIT PROPOSALS (On-Call Demolition) Aye. The President declared the motion carried. Hill Subdivision,' PhaseI Aye; Townsend Aye. Thel President declared the motion carried. RECESS REGULAR SESSION RECONVENE INI REGULAR SESSION MAYORSI REPORT COUNCIL MEMBER COMMENTS citizens who watched the video online. ADJOURNMENT at 6:35 p.m. Turner Townsend Council President Beverly Sweeney City Clerk DECLARATION OF APPROPRIATE MUNICIPAL OFFICIALS AND APPROPRIATE CITY OFFICIALS WHEREAS, Section 11-40-31 oft the Code of Alabama (1975) provides that a mayor ofa municipality may designate "any municipal building official or deputy and any other municipal official or municipal employee" to be the' "appropriate municipal official" to exercise the authority and perform the duties delegated by Sections 11-40-30 through 11-40-36 oft the Code of Alabama (1975); WHEREAS, Section 11-53B-3 oft the Code ofAlabama (1975) provides that a mayor ofa municipality may designate "any building official or deputy and any other municipal official or municipal employee" to bet the "appropriate city official" to exercise the authority and perform the duties delegated by Sections 11-53B-1 through 11-53B-16 of the Code ofAlabama (1975); NOW, THEREFORE, BEI IT DECLARED by the Mayor of the City of Enterprise, Alabama, that Barry Mott and Christopher Davis are each hereby designated as an "appropriate municipal official" and an "appropriate city official" for the City, either together ori individually as the circumstances permit, to exercise the authority and perform the duties delegated by Sections 11-40-30 through 11-40-36 and Sections 11-53B-1 through 11-53B-16oft the Code of Alabama (1975) and the City's Ordinance Number 05-21-24-C as it may be amended from time tot time. Nothing herein shall supersede, nullify, reject, or repeal any act, finding, or declaration previously made on behalfoft the City or by one ofits agents, officers, or employees, and the same shall remain in full force and effect. ADOPTED AND APPROVED THIS THEDAYOEuAe 2024. pm 5 Loayes WILLIAM E. COOPER, SR,MAYOR BeverlylSweeney, Clerk SM CERTIFICATIONOF CLERK STATE OF ALABAMA ) COFFEE COUNTY I, Beverly Sweeney, City Clerk of Enterprise, Alabama, do hereby certify that the above and foregoing is a true and cprrect copy of a Declaration duly made by the Mayor of Enterprise, Alabama, on the 45 day of JuNe ,2024. Witness my hand and seal of office this day of ue ,2024. Beverl Sweeney, Clerk CONTRACT BILLINGS REGISTER JUNE 18, 2024 1. Whaley Construction Co., Inc.- Application No. 17-$950,075.79- - Construction - Recreation & Aquatics Center 2. Beasley Construction Services, Inc. - Estimate No. 15-$102,358.70: - Construction - Multipurpose Rec Complex/Phasel Application No. 6-$16,538.35 - Construction - New Pickleball Courts 3. Poly, Inc.- Invoice No. 20393 - $8,250.90 - Construction Phase Services - Multipurpose Rec Complex/Phase I Invoice No. 20387-$12,727.03 - Engineering Services - Hwy 167N Sewer Utilities Relocation Invoice No. R085522344- $8,659.41 - Geotechnical Services - Recreation & Aquatics Center 4. CDG- TOTAL CONTRACT BILLINGS-SL,PA40IB Item Id Description Contract Amount 207,992.00 85.00 % 401,232.00 80.00 % 373,684.00 80.00 % 77,043.00 85.00 % 15,839.00 68.00 % 179,570.00 85.00 % 77,477.00 95.00 % 339,679.00 80.00 % 500,000.00 75.00 % Percent Complete Total Billed Previous Billed Total This Invoice 20,061.60 18,684.20 15,408.60 2,059.07 3,873.85 16,983.95 1605 FEEDERS 1606 POWER BRANCH CIRCUITS 1607 LIGHTING BRANCH CIRCUITS 1608 MECHANICAL EQUIPMENT POWE 1609 TRIMOUT 1610 FIREALARMAND AUXILLARY: SY: 1611 GENERATOR ROUGH IN & INSTAI 1612 LIGHTING 1700 CONTINGENCIES. AND/ ALLOWAN 1701 UNFORSEEN Total 176,793.20 176,793.20 320,985.60 300,924.00 298,947.20 280,263.00 65,486.55 10,770.52 152,634.50 73,603.15 271,743.20 254,759.25 375,000.00 375,000.00 50,077.95 8,711.45 152,634.50 69,729.30 23,074,155.00 86.27% 19,906,062.18 18,955,986.39 950,075.79 Accompanying Documentation: GROSS AMOUNT DUE PLUS ADD-ONS PLUS TAX. LESS RETAINAGE AMOUNT DUE TO DATE LESS PREVIOUS PAYMENTS AMOUNT DUE ALLAPPLICATIONS AMOUNT DUE THIS APPLICATION $19,906,062.18 0.00 0.00 576,853.87 19,329,208.31 18,379,132.52 950,075.79 $950,075.79 CONTRACTORS Certification: Approved The undersigned CONTRACTOR certifies that: (1) all previous progress payments received from OWNER on account of Work BMott done under the Contract referred to above have been applied to discharge in full all obligations of CONTRACTOR incurred in connection 6/13/2024 equipment incorporated ins said Work or otherwise listed in or covered by this Application for Payment will pass to OWNER at time of payment free and clear of all liens, claims, security interest and encumberances (except such as are covered by Bond acceptable to OWNER indemnifying OWNER against any such lien, claim, security interest or encumberance); and (3) all Work covered by this Application for Payment isi in accordance with the Contract Documents and not defective ast that term is defined in the Contract with Work covered by prior Applications for Payment numbered 11 through. inclusive: (2) title to all Work, materials and documents. Dated 06/03/24 WHALEY CONSTRUCTION COMPANY, INC. CONTRACTOR By Gones - Elury (Authorized Signature) Seay, Seay, & Litchfield (Authorized Signature) Payment of the above. AMOUNT DUE THIS APPLICATION is recommended. 6/03/24 Dated ARCHITECT By d Eu Page 4 of 5 PERIODIC ESTIMATE FORM (A) Original Contract Amount. $3,953,589.00 (B) Plus: Additions Scheduled in Change Orders (C) Less: Deductions Scheduled in Change Order. (D) Adjusted Contract Amount to Date. ANALYSIS OF WORK PERFORMED: (A) Cost of original contract work performed to date. (B) Change Order work performed to date. (C) Total Cost of work performed to date. (D) Stored Materials. (E) Subtotal of Items (c) and (d). $3,953,589.00 $3,775,051.51 $3,775,051.51 $0.00 $3,775,051.51 $75,501.03 $3,699,550.48 $3,597,191.78 $102,358.70 (F) Less: Amount retained in accordance with contract terms. (G) Net amount earned on contract work to date (H) Less: Amount of previous payments. () BALANCE DUE THIS PAYMENT. CONTRACTORS CERTIFICATION According to the best of my knowledge and belief, Icertify that all items and amounts shown on the face of this Periodic Estimate for Partial Payment are correct; that all work has been performed and/or materials supplied in full accordance with the requirements of the referenced contract, and/or duly authorized deviations, substitutions, alterations, and/or additions; that the foregoing is a true and correct statement oft the contract account up to and including the last day of the period covered by this Periodic Estimate; that no part oft the "Balance Due this Payment" has been received, and that the Ifurther certify that the labor and materials listed on this request for payment have been used in the construction of this work or that all materials included in this request for payment and not yet incorporated into the construction are now on the site or stored at an approved location; and payment received from the last request for payment has been used to undersigned and his subcontractors have complied with all the labor provisions of said contract. make payments to allf first tiers subcontractors and suppliers except as listed below. durday Jaaw Lindsay Sasser/Project Manager ENGINEER'S CERTIFICATION supplled (o daté 6/11/2024 Date Icertify that I have checked the above Periodic Estimate for Partial Payment and that to the best of my knowledge and belief, t is a true and correct statement of work performed and/or material supplied by the Contractor; and that partial glaymént,claim and, rebuested by the Contractor is correctly computed on the basis of work performed and/or material M - dat Date CAGleAMorgan, PE E P.E. Project No. 11-443 Page 1of4 APPLICATION AND CERTIFICATION FOR PAYMENT AIA DOCUMENTG702 APPLICATIONNO: PERIODTO: PROJECTNOS: CONTRACTDATE: 6/8/2023 PAGEONEOF BPAGES Distributionto: JOWNER x ARCHITECT CONTRACTOR TOOWNER: City of Enterprise POBox 311000 Enterprise, AL: 36330 FROM CONTRACTOR: Beasley Construction! Services, Inc. P.O. Box5 579 Notasulga. AL3 36866 CONTRACT! FOR: CONTRACTOR'S APPLICATION FOR PAYMENT Application ismade forp payment, ass shown below, inc connection witht the Contract, Continuation: Sheet, AIA Document G703, is: attached. I. ORIGINAL CONTRACTSUM Netc changeby Change Orders CONTRACTSUM: TODATE(Line +2) 4TOTALCOMPLETEDAS STOREDTO DATE (Column GonG703) S.RETAINAGE 5 *ofCompletedWork (Column D+ Eon G703) %ofStored Material (Column Fon G703) Total Retainage (Lines Sa+ Sbor Totali in Column lofG703) 6. TOTAL EARNEDLESS RETAINAGE (Line Less Line 5Total) 7. LESSPREVIOUS CERTIFICATESE FOR PAYMENT (Line6 from prior Certificate). 8. CURRENT PAYMENT DUE (Line 3less Line6) CIENCRORDESIIINY Total changes approved inj previousr months byOwner Totala approvedthis) Month TOTALS NET CHANGES by Change Order DCATONANE PROJECT: New Pickle Ball Courts for the City ofEnterprise. Alabama VIA ARCHITECT: McKee: and/ Associates Architects. Inc. 631S. HullSt. Montgomery,AL: 36104 4/30/2024 22.301 Theu undersignedContnctor: certifies thatt totheb besto oft the Contractor's knowledge, information andbeliefthe Work coveredb by this Application forl Payment! has been completedi in accordances witht the Contract Documents, thata allamounts haveb beenp paidby the Contractor for Work for which previous Certificates for Payment werc issued and payments received zom thewner, andd that curent payment shoyItaHR), T 517,000.00 8.454.00 525,454.00 525,454.00 Inc. icH Hatdy.Vice jresident aaberss OBBENPABENDA. J day OCufision pau expires: August5, 2026 Included ina above 0.00 ARCHITECT'S CERIIFICATEFORI PAYMENT 325,454.00 In: accordance witht the Contract Documents, basedo on on-site observations andthe date comprising then application, the Architect certifies tot the Ownert thatt to thebest of the Architect's knowledge, information andbelier the Work has progressed: as indicated. 508.915.65 the quality ofthe Work isina uccordance witht the Contract! Documents, andu Ithe Contractor 16,558551 isentitledto payment ofthe AMOUNT CERTIFIED. Approved BMott $8,454.00 $8,454.00 BALANCE TOFINISH, INCLUDINGI RETAINAGE 6/13/2024 AMOUNT CERTIFIED. Ben Ry:. 16,538.35 ADDONS DEDUCTIONS (Atlach explanation ffamout certified differs from the amount upplied. Intial alfgurese on this Application andonthe Contimation. Sheet thatare changedio conform withi the amount certified.) ThisCertificatei is notn negotiable." The AMOUNT CERTIFIEDis payable only tot the Contractor namedherein. Issuunce. payment and: acceplance ofy paymient are without prejudicetoa anyritisofihec Owner orContractor under this Contract. Bughes Date 6/12/2024 so0.00 $8.454.00 Users may obtain validation oft this document by requestinga completed. AIAD Document D401 Certifiçation of Document's Authenticity from thel Licensee. Poly, Inc. P.O. Box 837 Dothan, AL 36302 1935 Headland Ave. - Dothan, AL 36303 Telephone: 334.793.4700 Fax: 334.793.9015 www.poly-inc.com POLY INVOICE The City of Enterprise PO Box 311000 Enterprise, Alabama 36331-1000 Attn: Mrs. Beverly Sweeney, City Clerk INVOICE: 20393 DATE: TERMS: JOB NO.: 11-443 06/13/24 NET 30 Days FOR PROFESSIONAL SERVICES RENDERED AS FOLLOWS: Re: Enterprise Multipurpose Recreational Complex Phase Construction Phase services rendered under Task Order No. 53. Contract Amount $3,953,589.00 Contractor Beasley Construction Services Construction Administration Phase: $72,000.00: x 95% Construction: (2/20/23- - 06/01/24): Resident Project Representative I: 733.5 hrs. (Reg.)x$ $93.30/hr. 73 hrs. (OT) x $139.95/hr.. $68,400.00 $68,435.55 $10,216.35 Total Amount Less Previous Payments Amount Due This Invoice $147,051.90 $138,801.00 $8,250.90 Please Remit To: Poly, Inc., P.O. Box 837, Dothan, AL 36302 THANK YOUF FOR YOUR BUSINESS! Poly, Inc. P.O. Box 837- Dothan, AL 36302 1935 Headland Ave. Dothan, AL 36303 Telephone: 334.7 793.4700 Fax: 334.7 793.9015 www.poly-inc.com POLY INVOICE City ofE Enterprise POE Box: 311000 Enterprise, Alabama 36331-1000 Attn: Mrs. Beverly Sweeney,City Clerk INVOICE: DATE: TERMS: JOBNO.: 20387 06/12/24 NET30 Days 11-347.01 FORI SERVICES RENDERED, ASF FOLLOWS: Engineering services rendered inc connection with ALDOT Project No. HPP-A115(900). Additional lanes on SR-167 from SR-12t to 0.28 miles North of CR-48 (Sanitary Sewer Relocation). per our Agreement dated. July: 25, 2013. Phase! IEngineering Previous Invoice 15071 (10/26/08- 11/16/13) Previous invoice 18099 (1/713-01/18/20), Previous Invoice 18590 (01/1920-0121/21). Phase IE Engineering Previous Invoice 18590 (01/1920-0121/21). Previous Invoice 18894 (01/22/21 -09/11/21). Previous Invoice 19103 (09/12/21- -02/12/22) Phase IIE Engineering Previous Invoice 19103 (09/1221-02/1222). Previous Invoice 19193 02/322-033122), Previous Invoice 19230 (04/01/22-05/0722). Previous Invoice 19301 (05/08/22- 06/04/22) Previous Invoice 19301 (06/0522-10/1122) Previous Invoice 19521 (10/11/22- 11/04/22) Previous Invoice 19545 (11/05/22- -11/30/22). Previous Invoice 19591 (120122-01/10123). Previous Invoice 19632 (1/123-02/0823). Previous Invoice 19697 209/23-03/1023) Previous Invoice 19697 3/1/23-04/14/23). Previous Invoice 19816 (4/15/23-05/12/23). Previous Invoice: 20025 5/13123-09/2923) Current Invoice (See Attached Spreadsheet) $8,617.02 $4,660.78 $5,353.90 $5,296.09 $28,860.57 $2,797.60 $419.94 $1,547.04 $7,667.68 $5,881.87 $20,824.19 $12,613.07 $7,372.22 $6,917.72 $9,032.14 $8,695.43 $4,591.90 $1,815.70 $8,754.85 $14,568.04 Total Amount Discount (Amount Exceeding Phasel ILE Engineering) Less Previous Invoices Amount Due This Invoice $166,287.75 (1,841.01) $151,719.71 $12,727,03 Icertify this to beat true pndo correct invoicgand that no payments have been received ont thisi involeb/hea abovex/telinced; projectt to date. Glenn Morgan.PE Beg Principal Engineer Please Remit To: Poly, Inc., P.O. Box8 837, Dothon, AL 36302 THANK YOUT FORY YOUR BUSINESSI Invoice CDG City of Enterprise P.O. Box 311000 501 South Main Street (36330) Enterprise, AL 36331 Project Phase May 1,2024 No: Project No: Invoice R085522344 2851 R085522344 002 Enterprise Rec and Aquatics CMT Amount 8,659.41 8,659.41 Geotechnical Services for Enterprise Rec Center Totals Total this Phase Total this Invoice 8,659.41 $8,659.41 Approved BMott 5/30/2024 PAYMENT OPTIONS: CHECK . ACH . ZELLE . CREDITCARD DISCLAIMER: Elfective] July1 1,2023, our credit card use fee hasi increasedt to 4% per payment. Fora additional questions regarding thisf fee, please contacto our Accounting Department ata ap.procesing@rdgecom. TERMS: Net1 10Days. Whens submitting remittance, please include project number. Clients shallp paya all costs andf fees, including, but notl limitedto, Attorney'sf fees, incurred! by CDGi in the collection ofa anys sums duef fors services rendered andr related service expenses. Remit Payment to: Post Office Box 278,A Andalusia, AL: 36420 Re: Mayoral Recognition Wed 6/12/2024 7:41 AM To:Carol Lane Cane@enterprisealgov Goti it! Thanks! Beverly Sweeney bovtengyeemtepieagon From: Carol Lane Gane@enterprisealgop Sent: Tuesday, June 11, 20243:16PM To: Beverly Sweeney bweensyemterplseagpe Cc: Emily Glasscock eglasscock@enterpriseal.gov, Subject: Fw: Mayoral Recognition Please add the below to the Agenda for. June 18th for a certificate. Carolyn A. Lane, Executive. Assistant Office oft the Mayor and City Administrator P.O. Box. 311000 Enterprise, Alabama 36331 334-348-2602 From: Emily Glasscock eglasscock@enterpriseal.gov> Sent: Tuesday, June 11, 20243:05PM To: Carol Lane CanePenterprisealgon Subject: Mayoral Recognition Carol, Ireceived confirmation that Alexis Crawford will be available to attend the Council meeting on. June 18. Recognize Mayor Cooper for a presentation to the newly crowned Ms. Full-Figured Alabama Plus 2024 Alexis Crawford. Thank you, EMily Emily Glasscock Public Information Manager 334/348-2604 office (334)400-7798 3cell OEPRO Fw: Street losure/Parade/Public Event/Demonstration Carol Lane Caneeenterpriseago? Wed 6/5/2024 9:11 AM To:Beverly Sweeney tbowensyPemntepisalgon glscocermteprsalgon Cc:Michael Moore mmoorentepnsepd.om-Bandy/Gondy, ,Emiy Glasscock Please add this street closure request to the. June 1gth agenda. Thank you, Carol Carolyn. A. Lane, Executive. Assistant Office of the Mayor and City Administrator P.O. Box. 311000 Enterprise, Alabama 36331 334-348-2602 From: noreply@revize.com noreply@revre.com> Sent: Wednesday, June! 5, 2024 8:50AM To: Carol Lane Ganeeenterprieagol Cc: Emily Glasscock Subject: Street CosurelPaadePubliceveny/Demonstraton Name-dr-rganzation = Legacy farms community Phone-Number = 8458026328 ersonorganization-Responsiple = Katherine Decker urpose-otAPPlication = Public Event Address-of-Event = Homestead way Date = 2024-07-20 Start-time = 12 noon End-time = 8pm Numberol-Particpants = 50-100 Number-oh-Animals = None Number-of-Floats = None some music Client IP = 108.167.113.178 Describe-Your-Event = A local community getting to know each other by setting up tables of food and Fw: Street closure/Parade/Public Event/Demonstration Carol Lane Cane@enterpnisealgov, Tue 6/11/20242 2:14PM To:Beverly Sweeney ,Michae! Moore mmorermepisepacom Cc:Mariah Montgomery manitretemtepriseagon 1attachments (324 KB) MGM Parade Route. pdf Please add to the. July 2nd Council Meeting. Carolyn. A. Lane, Executive. Assistant Office of the Mayor and City Administrator P.O. Box. 311000 Enterprise, Alabama 36331 334-348-2602 From: noreply@revze.com noreply@revie.com> Sent: Tuesday, June 11, 20241:25PM To: Carol Lane caneeenterprisealgo, Cc: Emily Glasscock eglasscock@enterpriseal.gov> Subject: Street Closure/Parade/Pubic Event/Demonstration Name-dr-organzaton = Main Street Enterprise Phone-Number = 3344061274 Email address = mainstreet@enterpriseal.gov urposerotApplication = Parade Address-of-Event = East & West College Street Date = 2029-02-01 Start-time = 4PM End-time = 5PM Numbero-Particpants = 50-100 Number-ot-Animals = 1-10 Number-of-Floats = 15+ ersonorganization-Responsible = Mariah Montgomery, Executive Director Describe-Your-Event = We would like to host a golf cart parade. Particpants would drop their trailers at Old Junior and drive their golf carts to Sessions Field to be staged. The parade will begin on East College heading East. The parade would turn around on Edwards Street and come back to West College and end back at Sessions Field. Client IP = 139.177.34.34 Sivcet Closwve: 3:00p.m - 5:00p-m. - cSemin h Cliges Sicet LEWards 1b Muin)oncNest Ensh Callege Railvaad TVacks) WLcest Easyst STAGING AREA - wcoleges a We would like to host a golf cart parade. Particpants would droy their trailers at Old Junior and drive their golf carts to Sessions Field to be staged. The parade will begin on East College headir East. The parade would turn around on Edwards Street and com back to West College and end back at Sessions Field. Fw: Street losure/Parade/Public vent/Demonstration Carol Lane dlane@enteptisealgove Cc:Mariah Montgomery manstebentepsagon Please add to the. July 2nd Council Meeting. Carolyn A. Lane, Executive Assistant Office of the Mayor and City Administrator P.O. Box 311000 Enterprise, Alabama 36331 334-348-2602 Tue 6/11/2024 2:15PM To:Beverly Sweeney bsweeneygenterpriserprisealgov2,Michae. Moore mmoremtephspacom From: noreply@revze.com norePlyerevze.com> Sent: Tuesday, June 11, 20241:33PM To: Carol Lane CanePenterprisealgon Cc: Emily Glasscock eglasscock@enterpriseal.gov> Subject: Street Closure/Parade/Public Event/Demonstration Name-dr-Organzation = Main Street Enterprise Phone-Number = 3344061274 Email address = mainstreet@enterpriseal.gov urpose-otAPPlication = Public Event Address-of-Event = Railroad Street Date = 2025-02-01 Start-time = 12PM End-time Personorganization-Responsiple = Mariah Montgomery, Executive Director Sheh Closwic 7 = 10PM NumberolParticpants = 100-500 Number-of-Animals = 1-10 Number-of-Floats = None Describe-Your-Event = We would like to host a "ball" on Railroad Street. The event time will actually be 5PM - 9PM,but because the event tents require additional set up time, I am requesting the closure begin at 12PM. The tents will be placed behind the Rawls their managers are aware and in support. The "ball" is open to the public and will feature live music and/or DJ, food tents and sponsor tents. Client IP = 139.177.34.34 Closlre Shet) Prea! Railfoad SmutN.Gmbbs Shect/W.Gllge ORDINANCE 05-21-24 BEI IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENTERPRISE, ALABAMA as Upon public notice and hearings as required by law, and following recommendation oft the Planning Commission oft the City of Enterprise, Alabama, previous Zoning Ordinance(s): and the Zoning Map of the City of Enterprise, Alabama, adopted herein and on filei int the Office oft the City Clerk and the Office ofthe City Engineeringl Department, City of Enterprise, is hereby amended and, as amended, shall reflect Aj parcel of land belonging tol Lunsford & Lunsford! Farms, Inc. being located int the City of Enterprise, COMMENCING: att the Southeast corner oft the Northeast 1/4 of the Northeast 1/4 of Section 10, Township 41 North, Range 22 East as marked by a Capped Pin stamped CA 0621LS; thence alongt the South line ofs said forty andt the extension thereof bearing N 89°25'09" Wac distance of2313.731 FT toa point ont the South line oft the NW 1/4 ofthel NE 1/4 ofs said Section 10; thence depart said South line of thel NW 1/4 oft thel NE 1/4 bearing! N 00°19'19" Ead distance of1 1741.80 FT tot thel POINT OF BEGINNING (P.O.B.); thencel N 00°19'19" Ea distance of113.451 FT to aj point; thence N 89°39'01" Wa distance of 349.981 FTt to a point ont the Westl line oft the SW 1/4 oft the SE 1/4 of Section 3, T4N, R22E; thence along said West line andt the extension thereof bearing N 00°28'28" Eac distance of 750.51 FT to thei intersection oft the West line oft the NW 1/4 oft the SE 1/4 ofs said Section 3 with the Southi right of way (R/W) of Porter Lunsford! Road (80'1 R/W); thence alongs said Southl R/W bearing N 84032'19" Ea distance of 508.60 FTt to ap point; thence depart said South R/W bearing S 00019'19" W a distance of 648.921 FTt to aj point; thence S4 48°24'40" Ea distance of 142.31 FTtoap point; thence S 00°19'19" Wa distance of245.141 FTt to ap point; thence N4 48°18'56" Wad distance of118.44 FT to aj point; thence S 41°41'04" W ad distance of9.691 FTt toa a point; thence N 89°09'16" Wad distance of 169.701 FT to the P.O.B.: Said parcel ofl land being locatedi int the City of Enterprise, Coffee County, Alabama, in the West 1/2 oft the Southeast 1/4 of Section 3,7 T4N, R22E and containing 10.06 acres, more or less. Said property, set out in detail in the records oft thel Planning Commission and described by Map A(R-2, Medium Density Singlel Family Residential District) is amended and, as amended shall be zoned and described byl Mapl B(R-4, Mixed Residential District) whichi is attached hereto andi is a permanent part of follows: thei following: Coffee County, Alabama and being further described asf follows: the Zoning Ordinance and Map. Duly Passed and Adopted this_ day of 2024. COUNÇIL: District #5 District#1 Council President' Turner Townsend Council Member Sonya W.I Rich Council Member Eugene Goolsby Council Member Greg Padgett Council Member Scotty. Johnson District? #2 District? #3 District #4 ATTEST: Beverly Sweeney City Clerk ORDINANCE 05-21-24 Page 2 Transmitted tot the Mayor this_ Beverly Sweeney City Clerk day of_ 2024. ACTION OF THE MAYOR: Approved this_ William E. Cooper Mayor day of_ 2024. ATTEST: Beverly Sweeney City Clerk City of Enterprise 501 SMain: Street Enterprise, Alabama: 36330 Phone (334)348-2671 Fax( (334)348-2672 Department of Engineering Services & Public Works DERNIS REZONING APPLICATION and ACKNOWLEDGEMENT Enterprise Planning Commission, P.0. Box 311000, Enterprise, A1.36331 PLEASE PRINT ORT TYPE THE APPLICATION. REZONING ANDA ANNEXATIONT MUST HE FLLED FORI HYTIET LANDOWNERS) APPLICANT NAME:. Northstar Engineering Services, Inc CONTACT PERSON: Steve Strickland, P.L.S. PROPERTY OWNER: Lunsford &Lunsford Farms, Inc. ACREAGE OF PROPERTY: 20.60+- (Ifothert than Applicant) ADDRESS ORI LOCATION OF PROPERTY: Southside of Porter Lunsford Rd, abutting eastside of! Hunters Hill Plat #1 (Address must! bea approvedhy: the! E-911 Coordinator) PRESENT: ZONING: R-2&R-5 CONTACT INFORMATION: MAILING ADDRESS: 2431 Hartford Hwy (fdifferent from: abave) Street Telephone No(s): 334-673-9895 REQUESTED ZONING: R-4 Dothan, AL: 36305 City/State/ZiP E-Mail:. sstrickand@norinstarengineering. com lacknowledge that! have received a copy of the Rezoning Checklist. and! understand that the applicant is responsible for having at the applicant's expense, one or more Public Notice signs on the property for which the rezoning is lacknowicdge that, unless otherwise determined by the Building otticial. at! least one Public Notice: signt must be placed. acknowledge that the Public Notice sign(s) must be posted on the property at least fifteen (15) days prier to the scheduled Planning Commission mecting and that the content and format oft the: sign(s) must conform tot the Planning lacknowledge that it is the policy of the Planning Commission not tn consider: a rezoning request unless all ufthe requested. along each street whicht the property fronts. Commission's requirements. requirements oft the Rezoning Checklist have been met. PRINTED NAME: KoiaZasbaa REPRESENTATIVE, 2TEVE STRICKLND DEADLINE FOR PUBLICI NOTICE: SIGN: OWNER: SIGNATURE SIGNATURE March 25, 2024 BEL (Consult Planning Department) angugeramare 11 MAP A PRESENT ZONE PORTER LUNSFORD RD R-2 AG MAP B PROPOSED REZONE PORTER LUNSFORDRD R-4 R-2 AG REZONING REQUEST FOR KEVIN AXTON PORTER LUNSFORD ROAD OCATION :: AREA1-C PROPOSEDTOBE REZONEDI FROMR-STOR-2 IQ.IACRES AREAI-B PROPOSEDTOBE REZONEDI FROMR-STOR4 10.53ACRES AREAI-A PROPOSEDTOBR REONED! FROMR-2TOR4 10.06ACRES City of Enterprise Department of Engineering Services & PublicWorks 5015Main Street Enterprise, Alabama 36330 Phone (334)348-2671 Fax(33341-267- PRO May 14,2024 Enterprise City Council Members City of Enterprise Enterprise, AL Council Members: The Enterprise Planning Commission held aj public hearing on May 9, 2024,to consider: and act upon the following requests: 1. A request by Northstar Engineering Services on behalf of Lunsford & Lunsford Farms, Inc., for the rezoning of 10.06 acres of land from R-2 (Medium Density Single Family Residential District) as shown on Map A, present, to R-4 (Mixed Residential District) as shown on Map B. proposed, located on PorterLunsford Rd. on the eastside ofHunters Hill Phasel. 2. Ar request by Northstar Engincering Services on behalf of Lunsford & Lunsford Farms, Inc., for the rezoning of 10.53 acres of land from R-5 (Multifamily Residential District) as shown on Map A, present, to R-4 (Mixed Residential District): as shown on Map B. proposed, located on Porter 3. Ar request by Northstar Engineering Services on behalf of Lunsford & Lunsford Farms, Inc., for the rezoning of 10.11 acres of land from R-5 (Multifamily Residential District) as shown on Map A, present, to R-2 (Medium Density Single Family Residential District) as shown on Map B, proposed, located on Porter Lunsford Rd. on the eastside of Hunters Hill Lunsford Rd. on the eastside ofHunters Hill Phasel. Phasel. The Planning Commission recommends that you: approve these requests. Sincerely, cutt Thomas Hardy Assistant Director of Engineering Services Account Number 2149114 Date June 01, 2024 Alabama Community Newspapers Advertising Affidavit 2999 Ross Clark Cir. Ste. 300 Dothan, AL 36301 (800) 779-2567 CIYOFENTERPRISE POBOX311000 ENTERPRISE, AL 36330 Date Category Description ORDINANCE 05-21-24 Ad Size 2x10.00IN Total Cost 399.95 06/01/2024 _Legal Display/ Ads Affidavit of Publication of Legal Notice This is to certify that the attached was published int the Enterprise Ledger on the following dates: 06/01/2024 Newspaper reference: 0001289127 Thes sum charged for publications was $399.95. The charges by the Newspaper for said publication does not exceed the lowest actual classified rate paid by commercial customers fora an advertisement of similar size and frequency int the same newspaper(s)! In There are no agreements between the Newspaper and the officer or attorey charged with the duty ofp placing the attached legal advertising notices whereby any advantage, gain orp profit accrued to said officer or attorey. which the public notice appeared. Aall Public Notary Shepay Hapeo Kimberly Kay! Harts NOTARY PUBLIC Commonwealth ofVirginta Reg. No. 356753 31,2025 Commission Exp.. Jan. State of Virginia County ofHanover My commission expires: THIS IS NOTABILL. PLEASE PAY FROM INVOICE. THANKYOU SECOND NOTICE OF PUBLICHEARING ORDINANCE0521-4 The first public notice having been given on Saturday, May 25, 2024, in the Enterprise Ledger, a newspaper of general circulation and published in the City of Enterprise, Coffee County, Alabama, Second Public Notice is hereby given that at 6:00 p.m.. June 18, 2024, the City Council of the City of Enterprise, Alabama, at a regular meeting held at Enterprise Civic Center, 2401 Neil Metcalf Road, will consider for passage and adoption Ordinance 05-21-24. which proposes to aménd the existing Enterprise Zoning Ordinance(s) as aménded and the Zoning Map of the City of Enterprise. A public hearing will be held by said City Council at the aforesaid time and place before the passage and adoption of said ordinance, when, at that time, all persons who desire shall have an opportunity of being heard in opposition to orin favor of said ordinance at said meeting of the City Council. Ordinance 05-21-24 shall amend the existing Zoning Ordinance(s) of the City of Enterprise and the Zoning Map of the City of Enterprise, Alabama, with amendments pertaining to the property of Lunsford & Lunsford Farms, Inc. as described in Map A(R-2. Medium Density Single Family Residential District) is amended, and, as amended, shall be zoned as described in Map B(R-4, Mixed Residential District) whichis attached hereto and isa a permanent part of the Zoning Ordinance and Map. Beverly Sweeney City Clerk June 1,2024 MAPAPRESENT 70NE ra E, R-2 AG MAP! BF PROPOSED REZONE ATaupG R-2 AG Account Number 2149114 Date May 25, 2024 Alabama Community Newspapers Advertising Affidavit 2999 Ross Clark Cir. Ste. 300 Dothan, AL 36301 (800)7 779-2557 CITYOFE ENTERPRISE POBOX 311000 ENTERPRISE, AL: 36330 Date Category Description Ad Size 2x10.00IN Total Cost 399.95 05/25/2024 _Legal DisplayA Ads FIRSTN NOTICE OF PUBLIC HEARING Affidavit of Publication of Legal Notice This is to certify that the attached was published int the Enterprise Ledger ont the following dates: 05/25/2024 Newspaper reference: 0001289060 Thes sum charged for publications was $399.95. The charges by the Newspaper for said publication does not exceed the lowest actual classified rate paid by commercial customers for an advertisement ofs similar size and frequency int the same newspaper(s) in There are no agreements between the Newspaper andt the officer or attorney charged with the duty of placing the attached legal advertising notices whereby any advantage, gain orp profit accrued tos said officer or attomey. which the public notice appeared. Billing Representative Aall hd - lay Haeoo Kimberly! Kay! Harris NOTARY PUBLIC Commonweatth ofy Virginla Reg. NO. 358753 Commisslon Exp.. Jan.31,2025 State of Virginia County ofHanover My commission expires: THIS IS NOTABILL. PLEASE PAY FROM INVOICE. THANKYOU FIRST NOTICE OFI PUBLIC HEARING ORDINANCE 05-21-24 Firstp publicr noticei ist hereby published! In the Enterprise! Ledger, anewspaper afg general circulation! Int the City of Enterprise, Coffee County, Alabama, that pursuant tol Title 11-52-77, Code ot Alabama, 1975,as amended, the City Council of the City af Enterprise, atar regular meeting ate 6:00p.m.,Junet 18, 2024,at Enterprise CMc Center, 2401 Neil Metcalf Road, will consider for adoption Ordinance 05-21-24 which proposes to amend the applicable Zoning Ordinance(s) as amended and the Zoning Map of the Clly Apublic! hearing wiB be! held! bys said City Council of the Cityo of Enterprise att the aforesald! time and place beforet the passage anda adopilon ofs said ordinance when at that time, allp persons who desires shall have an opportunity ofl being neard Inc opposition toc or Inf favor of said ardinance. Thep proposed ordinance isa as set out ini its entiretyi in this notice. ofEnterprise. Beverly Sweeney City Clerk May 25, 2024 ORDINANCE 05-21-24 BEIT ORDAENED 8Y1 THE CY COUNCIL OF THE CIY OF ENTERPRISE, ALABAMA as follows: Upan public notice and hearings as required by law, and following recommendation of the Planning Commission ofthe City ofEnterprise, Alabama, previous Zoning Ordinance(s) and! the Zoning! Mapc afthe City of Enterprise, Alabama, adopted! herein and on filei in the Office of the City Clerk and the Office of the City Engineering Department, City of Enterprise, isl hereby amended and, as amended, shall reflect thet following: MAPA PRESENT ZONE MATE:VG9.O MAP B PROPOSED REZONE ICHN9:2.. R-2 R-2 AG :. AG Ap parcel af land belonging to Lunsfard & Lunsford Farms, Inc. being located in the City of Enterprise, COMMENCING: att the Southeast corer oft thel Northeast 1/40 oft the! Northeast 1/40 af Section 10, Township 41 North, Range 22 East as marked by a Capped Pin stamped CA 0621LS; thence along the South line ofs saidf fortya and the extension thereof bearing! N8 89925'09" Wad distance of 2313.73 FT toap point on the South! fine oft thel NW1 1/4 dft the! NE 1/4 ofs said Section 10; thence depart said South line oft the NW 1/4 oft the! NE1 1/4 bearing! N 10001919"Eac distance of1 1741.80F FT tot thel POINT OF BEGINNING (PO.B.); thence NO 00°19'19" Ea distance ot 113.45 FTtoap point; thence N 89-3901"Wac distance of 349.98 FT toap pointe cn the West fine af the SW 1/4 oft the SE 1/4 of Section 3,T4N, R22E; thence along sald West line and the extension thereoft bearing NO 00028'28" Eac distance df 750.51 FT tot the Intersection aft thel West! fine of the NW 1/4oft the SE 1/4 of said Section 3 with the South right afv way (RAW) afParter Lunsford Road (80' RAW); thence along saids South RAWI bearing! N8493219" Eac distance af5 508.60FTto apolnt; thence departs said South RAW bearing S00-19'19"W Wad distance of6 648.92FTt toay point; thence S4 48-24'40" Ea distance of 142.31 FT toa! paint, thence SC 00°19'19" Wad distance of 245.14 FT toa point; thence N 48°18'56" Wa distance of 118.44 FT to a paint; thence S 41°41'04" Wa distance ef 9.69FTtoapoint, thence! N89009'16"V Wac distance of 169.7 .70FT tot the PO.B. Said parcel ofl land being locatedi int the City ofEnterprise, Coffee County, Alabama, int the West 1/20ft the Southeast 1/40 ofSection Said property, set out in detail in the records of the Planning Commission and described by Map A (R-2, Medium Density Single Family Residential District) is amended and, as amended shall be zoned and described by Map B(-4, Mixed Residential District) which is attached hereto and isap permanent Coffee County, Alabama and being further described as follows: 3,T T4N, R22E and containing 10.06 acres, more or less. part of the Zoning Ordinance and Map. ORDINANCE 05-21-24-A BE ITC ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENTERPRISE, ALABAMA as Upon public notice and hearings as required by law, and following recommendation of the Planning Commission of the City of Enterprise, Alabama, previous Zoning Ordinance(s) and the Zoning Map of the City of Enterprise, Alabama, adopted herein and oni file in the Office of the City Clerk and the Office ofthe City Engineering Department, City of Enterprise, is hereby amended and, as amended, shall reflect A parcel of land belonging tol Lunsford & Lunsford Farms, Inc. being located in the City of Enterprise, COMMENCING att the Southeast corner ofthe Northeast 1/4 oft the Northeast 1/4 of Section 10, Township 4 North, Range 22 East as marked by a Capped Pin stamped CA 0621LS; thence along the South line ofs said forty and the extension thereof bearing N 89025'09" W a distance of2 2048.73 FT toa point ont the South line oft the NW 1/4 ofthel NE 1/4 of said Section 10 and being the POINTOF BEGINNING (P.O.B.); thence along said South line of thel NW 1/4 ofthe NE 1/4 bearing N 89025'09" W a distance of265.00 FT to a point; thence depart said South line oft the NW 1/4 of the NE 1/4 bearing N 00°19'19" Eac distance of1 1741.80 FT to a point; thence S 89009'16" Ea distance of 169.701 FT to a point; thence N4104104" Eac distance of9.69F FT to a point; thence S 48°18'56" Eac distance of118.44FT toa point; thence S 00°19'19" W a distance of 1670.46 FT to the P.O.B. Said parcel ofl land being located in the City of Enterprise, Coffee County, Alabama, int the SW 1/4 oft the SE 1/4 of Section 3 and the NW 1/4 ofthel NE1 1/4 of Section 10, both! being a part ofT4N, R22E and containing 10.53 acres, more or less. Said property, set out in detaili in the records oft the Planning Commission and described by Map A (R-5, Multifamily Residential District) is amended and, as amended shall be zoned and described by Map B(R- 4,N Mixed Residential District) whichi is attached hereto and is aj permanent part of the Zoning Ordinance follows: the following: Coffee County, Alabama and being further described as follows: andl Map. Duly Passed and Adopted this day of 2024. COUNCIL: District#5 District#1 Council Member Eugene Goolsby District #2 Council Member Greg Padgett District #3 District #4 Council President Turner Townsend Council Member Sonya W. Rich Council Member Scotty Johnson ATTEST: Beverly Sweeney City Clerk ORDINANCE 05-21-24-A Transmitted tot thel Mayor this_ Beverly Sweeney City Clerk Page2 dayo of 2024. ACTION OF THE MAYOR: Approved this William E. Cooper Mayor day of 2024. ATTEST: Beverly Sweeney City Clerk City of Enterprise 501SMain: Street Enterprise, Alabama 36330 Phone (334)348-2671 Fax(334)348-2672 Department of Engineering Services & Public Works ORNOS REZONING APPLICATION and ACKNOWLEDGEMENT Enterprise Planning Commission, P.O.Box 311000, Enterprise, AL.36331 PLEASE PRINT ORT TYPR THE APPIICATION. REZONING AND ANNEXATION MUST BE FILEDE FOR BYTE LANDOWNERS) APPLICANT NAME: Northstar Engineering Services, Inc CONTACTI PERSON: Steve Strickland, P.L.S. PROPERTY OWNER: Lunsford & Lunsford Farms, Inc. AGEAGEOFPHOPEETY: 20.60+- (Ifother than Applicant) ADDRESS ORI LOCATION OF PROPERTY: Southside of Porter Lunsford Rd, abutting eastside of Hunters Hill Plat #1 (Address: must bea approvedby the B-911 Coordinator) PRESENT ZONING: R-2&R-5 CONTACTINFORMATION: MAILING ADDRESS: 2431 Hartford Hwy (fdifferent from: above) Street Telephone No(s): 334-673-9895 REQUESTED ZONING: R-4 Dothan, AL 36305 City/State/zi E-Mail: sstncwand@norinstarengineering. .com lacknowledge thatil have received: a copy of the Rezoning Checklist, and! understand that the: applicant is responsible for having at the applicant's expense, one or more Public Notice: signs on the property for which the rezoning is lacknowledge that, unless otherwise determined by the Building ofticial, at least one Public Notices sign must be placed lacknowledge that the Public Notice sign(s) must be posted on the property at least fifteen (15) days prior to the scheduied Planning Commission meeting and that the content and format of the sign(s) must conform to the Planning lacknowledge that it is the policy of the Planning Commission not to considera rezoning request unless all of the requested. along each street which the property fronts. Commission's requirements. requirements oft the Rezoning Checklist have been met. PRINTED NAME: Koakushl REPRESENTATIVE. STEVE STRICKLAND DEADLINE FOR PUBLICI NOTICESIGN:, OWNERS SIGNATURE SIGNATURE: March 25, 2024 K EBLL (Consult Planning Department) P.e HR MAP A PRESENT ZONE PORTER LUNSFORDRD R-2 AG MAP B PROPOSED REZONE PORTER LUNSFORD RD R-4 R-2 AG REZONING REQUEST FOR KEVIN AXTON PORTER LUNSFORD ROAD DOATION a AREA1-C PROPOSEDTOBE REZONEDFROMISTORZ 10.IACRES AREAI-B PROPOSEDTOBE MEZONEDFROMISTORA 105ACRES AREA1-A PROPOSEDTOBE REZONEDI FROMR-2TOR4 10.06ACRES City of Enterprise Department of Engineering: Services & PublicWorks 5015Main: Street Enterprise,. Alabama 36330. Phone (334)348-2671 Fax (334)348-2672 FPRC May1 14, 2024 Enterprise City Council Members City of Enterprise Enterprise, AL Council Members: The Enterprise Planning Commission held a public hearing on May 9, 2024,to consider: and act upon the following requests: 1. A request by Northstar Engineering Services on behalf of Lunsford & Lunsford Farms, Inc., for the rezoning of 10.06 acres of land from R-2 (Medium Density Single Family Residential District) as shown on Map A, present, to R-4 (Mixed Residential District) as shown on Map B, proposed, located on PorterLunsford Rd. on the eastsideofHlunters Hill Phasel. 2. A request by Northstar Engincering Services on behalf of Lunsford & Lunsford Farms, Inc., for the rezoning of 10.53 acres of land from R-5 (Multifamily Residential District). as shown on Map A, present, to R-4 (Mixed Residential District) ass shown on Map B, proposed, located on Porter 3. Ar request by Northstar Engineering Services on behalf of Lunsford & Lunsford Farms, Inc., for the rezoning of 10.11 acres of land from R-5 (Multifamily Residential District) as shown on Map A, present, to R-2 (Medium Density Single Family Residential District) as shown on Map B, proposed, located on Porter Lunsford Rd. on the eastside of Hunters Hill Lunsford Rd. on the eastside ofHunters Hill Phase I. Phasel. The Planning Commission recommends that you approve these requests. Sincerely, cubty Thomas Hardy Assistant Director of Engineering Services Account Number 2149114 Date June 01, 2024 Alabama Community Newspapers Advertising Affidavit 2999 Ross Clark Cir. Ste. 300 Dothan, AL 36301 (800)779-2557 CITYOFE ENTERPRISE POBOX3 311000 ENTERPRISE, AL36330 Date Category Description ORDINANCE 05-21-24-A Ad Size 2x10.00IN Total Cost 399.95 06/01/2024 _Legal DisplayA Ads Affidavit of Publication of Legal Notice This ist to certify that the attached was published int the Enterprise Ledger on the following dates: 06/01/2024 Newspaper reference: 0001289128 The sum charged for publications was $399.95. The charges byt the Newspaper for said publication does not exceed the lowest actual classified rate paid by commercial customers for an advertisement ofs similar size and frequency in the same newspaper(s)! in There are no agreements between the Newspaper andt the officer or attomey charged with the duty of placing the attached legale advertising notices whereby any advantage, gain or profit accrued to said officer or attomey. which the public notice appeared. dall Notary Public baday Lhedo Kimberly! Kay! Harris NOTARY PUBLIC Commonwealth ofV Virginia Reg. No. 356753 Commission Exp.. Jan. 31,2025 State ofVirginia County of! Hanover My commission expires: THIS IS NOT Al BILL. PLEASE PAY FROM INVOICE. THANK YOU SECOND NOTICE OF PUBLICHEARING ORDINANCE 05-21-24-A The first public notice having been given on Saturday. May 25, 2024, in the Enterprise Ledger, a newspaper of general circulation and published in the City of Enterprise, Coffee County, Alabama, Second Public Notice is hereby given that at 6:00 p.m... June 18, 2024, the City Council of the City of Enterprise, Alabama, at a regular meeting held atl Enterprise Civic Center, 2401 Neil Metcalf Road, will consider for passage: and adoption Ordinance 05-21-24-A, which proposes to amend the existing Enterprise Zoning Ordinance(s): as amended and the Zoning Map of the City of Enterprise. A public hearing will be held by said City Council at the aforesaid time and place before the passage and adoption of said ordinance, when, at that time, all persons who desire shall have an opportunity of being heard in opposition to ori in favor of said ordinance at said meeting of the City Council. Or- dinance 05-21-24-A shall amend the existing Zoning Ordinance(s) of the City of Enterprise and the Zoning Map of the City of Enterprise, Alabama, with amendments pertaining to the property of Lunsford &1 Lunsford Farms, Inc. as described in Map A (R-5, Multifamily Residential District)isamended, and, as amended, shall be: zoned as described in Map B (R-4. Mixed Residential District) which is attached hereto and is a permanent part of the Zoning Ordinance and Map. Beverly Sweeney City Clerk June 1,2024 MAPAPRESEN" ZONE a" IANO7S R-2 AG MAP BF PROFOSED REZONE - R-2 AG Account Number 2149114 Date May 25, 2024 Alabama Community Newspapers Advertising Affidavit 2999 Ross Clark Cir. Ste. 300 Dothan, AL 36301 (800)779-2557 CITYOFE ENTERPRISE POE BOX 311000 ENTEPPRISE, AL 36330 Date Category Description REZONE MAP LUNSFORD Ad Size 2x10.00IN Total Cos! 399.95 05/25/2024 _Legal Display Ads Affidavit of Publication of Legal Notice Thisi is to certify that the attached was published in the Enterprise Ledger on the following dates: 05/25/2024 Newspaper reference: 0001289051 The sum charged for publications was $399.95 The charges by the Newspaper for sald publication does not exceed the lowest actual classified rate paid by commercial customers for an advertisement of similar size and frequency in the same newspaper(s) in There are no agreements between the Newspaper and the officer or attorney charged with the duty of placing the attached legal advertising notices whereby any advantage, gain or profit accrued tos said officer or attorney. which the public notice appeared. Biling f Kdy Laao Notary Public Kimberly Kay! Harts NOTARYPUBLIC Commonwelth df Virginla Reg. No. 356753 Commission Exp.. Jan. 31,2025 Say State of Virginia County of Hanover My commission expires: THIS IS NOT AE BILL. PLEASE PAY FROM INVOICE. THANK YOU FIRST NOTICE OF PUBLIC HEARING ORDINANCE 05-21-24-A First public notice is hereby published in the Enterprise Ledger, a newspaper of general circulation int the Cityo of Enterprise, Coffee County, Alabama, that pursuant tol Title 11-52-77, Code of Alabama, 1975, as amended, the City Council oft the City of Enterprise, atar regular meeting at 6:00 p.m., June 18, 2024, at Enterprise Civic Center, 2401 Neil Metcalf Road, will consider for adoption Ordinance 05-21-24-A which proposes to amend the applicable Zoning Ordinance(s) as amended andi the Zoning! Map oft the City of Enterprise. Apublic hearing will be held by said City Council of the City of Enterprise at the aforesaid time and place before the passage and adoption of said ordinance when at that time, all persons who desire shall have an opportunity of being heard in opposition to or in favor of said ordinance. Beverly Sweeney City Clerk May2 25, 2024 The proposed ordinance is as set out ini its entirety ini this notice. ORDINANCE 05-21-24-A BEIT ORDAINED BYTHECITY COUNCIL OF1 THEC CIYOFEATERPRSEADBNA as follows: Upon public notice and! hearings as required by law, and following recommendation of the Planning Commission of the City of Enterprise, Alabama, previous Zoning Ordinance(s) and the Zoning! Map oft the City ofEnterprise, Alabama, adopted herein and ont filei int the Officed of the City Clerk andt the Office oft the City Engineering Department, City ofe Enterprise, isl hereby amended and, as amended, shall reflect thef following: MAP AF PRESENT ZONE MOMTOSANSDE MAP B PROPOSED REZONE pa. R-2 AG R-2 AG Ap parcel of land belonging tol Lunsford & Lunsford Farms, Inc. being located In the Cityof Enterprise, Coffee County, Alabama and being further described as follows: COMMENCING at the Southeast corner of the Northeast 1/4 of the Northeast 1/4 of Section 10, Townshin.4 North, Range 22 East as marked by a Capped Pin stamped CA 0621LS; thence along the South line of said forty and the extension thereof bearing N 89-25'09"W a distance of 2048.73FTL to a point on the South line of the NW1 1/4 of the NE 1/4 of said Section 10 and being the POINT OF BEGINNING (P.O.B.); thence along said Southl line oft the NW 1/4 of the NE 1/41 bearing N 89°25'09" W a distance of 265.00 FT to a point; thence depart sald South line of the NW 1/4 of the NE 1/4 bearing N 00°19'19" Ea distance of 1741.80FTto: a point; thence S 89°09'16" Ea distance of1 169.70FT to a point; thence N 41041'04"Ea distance ofs 9.69FTtoap point; thence S 48°18'56" Ea distance 0f118.44FT toap point; thence S 00019'19"Wac distance of 1670.46F FT to the PO.B. Said parcel ofl land being! located Int the City of Enterprise, Coffee County, Alabama, int the SW 1/4 of the SE1 1/4 of Section 3 and thel NW1 1/4 oft the NE 1/40f Section 10, both beinga a part OfT4N, R22E and Said property, set out In detail int the records of the Planning Commission and described by Map A (R-5, Multifamily Residential District) is amended and, as amended shall be zoned and described by! Map! B( (R-4, Mixed Residential District) whlch is attached hereto and! Isa containing 10.53 acres, more or less. permanent part of the Zoning Ordinance and Map. ORDINANCE 05-21-24-B BEI IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENTERPRISE, ALABAMA as Upon public notice and! hearings ast required by law, andi following recommendation oft the Planning Commission ofthe City ofl Enterprise, Alabama, previous Zoning Ordinance(s): and the Zoning Map of the City of Enterprise, Alabama, adopted herein and on filei in the Office oft the City Clerk and the Office ofthe City Engineering Department, City of Enterprise, isl hereby amended and, as amended, shall reflect A! parcel ofl land belonging to Lunsford & Lunsford Farms, Inc. being located int the City ofl Enterprise, COMMENCING: att the Southeast corner oft thel Northeast 1/4 ofthel Northeast 1/4 of Section 10, Township 41 North, Range 221 East as marked bya a Capped Pin stamped CA 0621LS; thence along the South line ofs said forty and the extension thereof bearing N 89025'09" Wac distance of 1763.721 FTt toa point ont the Southl line oft the NW 1/4 oft the NE 1/4 ofsaid Section 10 and beingt thel POINTOF BEGINNINGP.0.B): thence along said South line ofthel NW 1/4 oft the NE 1/4 bearing N 89°25'09" W a distance of285.01 FT to aj point; thence depart said South line oft thel NW 1/4 oft thel NE 1/41 bearing N 00°19'19" Eac distance of1 1670.46 FT to ap point; thence S4 48°18'56" Eac distance of379.75 FT to aj point; thence! S 00°19'20" W a distance of1 1420.80 FT to thel P.O.B. Said parcel ofl land being locatedi in the SW 1/4 oft the SE 1/4 ofs Section 3 and thel NW 1/4 oft the NE 1/4 of Section 10, both! being a part ofT4N, Said property, set outi in detail int the records oft the Planning Commission and described by Map A (R-5, Multifamily Residential District)i is amended and, as amended shall be: zoneda and described by! Mapl B (R-2, Medium! Density Single Family Residential District) whichi is attached hereto andi is a permanent follows: the following: Coffee County, Alabama and being further described as follows: R22E and containing 10.11 acres, more orl less. part oft the Zoning Ordinance andl Map. Duly Passed and. Adopted this day of 2024. COUNCIL: District #5 District #1 Council Member Eugene Goolsby District #2 Council Member Greg Padgett District #3 District #4 Council President Turner Townsend Council Member Sonya W. Rich Council Member Scotty. Johnson ATTEST: Beverly Sweeney City Clerk ORDINANCE0521248 Transmitted to the Mayor this_ Beverly Sweeney City Clerk Page2 day of 2024. ACTION OF THE MAYOR: Approved this_ William E. Cooper Mayor day of 2024. ATTEST: Beverly Sweeney City Clerk City of Enterprise 501SMain: Street Enterprise, Alabama 36330 Phone (334)318-2671 Fax(334)348-2672 Department of Engineering Services & Public Works OFRU REZONING APPLICATION and ACKNOWLEDGEMENT Enterprise Planning Commission, P.O. Box 311000, Enterprise, AL.36331 PLEASE PRINT ORT TYPE TE APPLICATION. REZONING AND ANNEXATION MUST BE HLEDF FOR BYTHEI LANDOWNERS). APPLICANT NAME: Northstar Engineering Services, Inc CONTACT PERSON: Steve Strickland, P.L.S. PROPERTY OWNER: Lunsford & Lunsford Farms. Inc. ACREAGE OF PROPERTY: 20.60 +- (Ifothert thanA Applicant) ADDRESS ORI LOCATION OF PROPERTY: Southside of Porter Lunsford Rd, abutting eastside of! Hunters Hill Plat #1 (Address: nust bes approvedby the! -911 Coordinator) PRESENTZONING: R-2&R-5 CONTACT INFORMATION: MAILING ADDRESS: 2431 Hartford Hwy (fdifferent from above). Street Telephone No(s): 334-673-9895 REQUESTED ZONING: R-4 Dothan, AL 36305 City/State/ZiP E-Mail: ssinc.and@nonnstarenginerng.com lacknowledge thati have receivedac copy oft the Rezoning Checklist, and! understand that the applicant is responsible for having at the applicant's expense, one or more Public Notice signs on the property for which the rezoning is lacknowledge that, unless otherwise determined by the Building oftici ial, at! least one Public Notice sign must be placed lacknowledge that the Public Notice sign(s) must be posted on the property at lcast fifteen (15) days prior to the scheduled Planning Commission meeting and that the content and format of the sign(s) must conform to the Planning lacknowiedge that it is the policy of the Planning Commission not to consider: a rezoning request unless all ofthe requested. along each street which the property! fronts. Commission's requirements. requirements oft the Rezoning Checklist have been met. PRINTEDNAME:. Kaialsa REPRESENTATIVE, STEVE STRICKLAND DEADLINE FORI PUBLIC NOTICESIGN: OWNER: SIGNATUREG Aas 1 SIGNATURE: March 25, 2024 EBLL (Consult Planning Department) PgINw MAP A PRESENT ZONE PORTER LUNSFORDR RD R-2 AG MAP B PROPOSED REZONE PORTER LUNSFORDRD R-4 R-2 AG A REZONING REQUBST FOR KEVIN AXTON PORTER LUNSFORD ROAD OOATION n AREAI-C PROPOSEDTOBE REZONEDI FROMR-STOR-. 10.1ACRES ARPAI-B PROPOSEDTOBE REZONEDFROMIESTOR4 10.53ACRES AREAI-A PROPOSED TOBE REZONEDFROMI R-2TOR4 10.06ACRES City of Enterprise Department of Engineering Services & PublicWorks 501SMain: Street. Enterprise, Alabama 36330 Phone (334)348-2671 Fax (334)348-2672 OFPRO May 14, 2024 Enterprise City Council Members City of Enterprise Enterprise, AL Council Members: The Enterprise Planning Commission held a public hearing on May 9, 2024,to consider and act upon the following requests: 1. Ar request by Northstar Engineering Services on behalf of Lunsford & Lunsford Farms, Inc., for the rezoning of 10.06 acres of land from R-2 (Medium Density Single Family Residential District) as shown on Map A, present, to R-4 (Mixed Residential District) as shown on Map B, proposed, located on Porter Lunsford Rd. on the eastsideofHunters Hill Phasel. 2. AI request by Northstar Engineering Services on behalf of Lunsford & Lunsford Farms, Inc., for the rezoning of 10.53 acres of land from R-5 (Multifamily Residential District) as shown on Map A, present, to R-4 (Mixed Residential District): as shown on Map B, proposed, located on Porter 3. A1 request by Northstar Engineering Services on behalf of Lunsford & Lunsford Farms, Inc., for the rezoning of 10.11 acres of land from R-5 (Multifamily Residential District) as shown on Map A, present, to R-2 (Medium Density Single Family Residential District) as shown on Map B, proposed, located on Porter Lunsford Rd. on the eastside of Hunters Hill Lunsford Rd. on the eastside of Hunters Hill Phasel. Phasel. The Planning Commission recommends that you: approve these requests. Sincerely, cutty Thomas Hardy Assistant Director of Engineering Services Account Number 2149114 Date June 01, 2024 Alabama Community Newspapers Advertising Affidavit 2999 Ross Clark Cir. Ste. 300 Dothan, AL 36301 (800) 779-2557 CIYVOFENTERPRISE POBOX311000 ENTERPRISE, AL36330 Date Category Description ORDINANCE0521248 Ad Size 2x10.00IN Total Cost 399.95 06/01/2024 _Legal DisplayA Ads Affidavit of Publication of Legal Notice Thisi is to certify that the attached was published in the Enterprise Ledger ont the following dates: 06/01/2024 Newspaper reference: 0001289125 The sum charged for publications was $399.95. The charges by the Newspaper for said publication does not exceed the lowest actual classified rate paid by commercial customers foran advertisement of similar size and frequency in the same newspaper(s) in There are no agreements between the Newspaper and the officer or attorey charged with the duty of placing the attached legal advertising notices whereby any advantage, gain or profit accrued to said officer or attorey. which the public notice appeared. BiningR Representative Ball Notary Public haldayhei Kimberly! Kay! Haris NOTARY PUBLIC Commonweatth ofVirginla Reg. No. 356753 Commission Exp. Jan. 31, 2025 State of Virginla County of Hanover My commission expires: THIS IS NOT AE BILL. PLEASE PAY FROM INVOICE. THANK YOU SECOND NOTICE OF PUBLICHEARING ORDINANCE 05-21-24-B The first public notice having been given on Saturday, May 25, 2024, int the Enterprise Ledger, a newspaper of general circulation and published in the City of Enterprise, Coffee County, Alabama, Second Public Notice isl hereby given that at 6:00 p.m.. June 18, 2024, the City Council of the City of Enterprise, Alabama, at a regular meeting held at Enterprise Civic Center, 2401 Neil Metcalf Road, will consider for passage and adoption Ordinance 05-21-24-B, which proposés to amend the existing Enterprise! Zoning Ordinance(s) as amended and the Zoning Map of the City of Enterprise. A public hearing willl be held by sa'd City Council at the aforesaid time and place before the passage and adoption of said ordinance, when, at that time, all persons who desire shall have an opportunity of being heard in opposition to ori in favor of said ordinance. at said meeting of the City Council. Ordinance 05-21-24-B shall amend the existing Zoning Ordinance(s) of the City of Enterprise and the Zoning Map of the City of Enterprise, Alabama, with amendments pertaining to the property of Lunsford &Lunsford Farms, Inc. as described in Map A (R-5, Multifamily Residential District)is amended, and, as amended, shall bez zoned as described in Map B(R-2, Medium Density Single Family Residential District) which is attached hereto and is a permanent part of the Zoning Ordinance and Map. Beverly Sweeney City Clerk June 1,2024 MAP B PROPOSED REZONE PORTER, LUNSFORDRO. R-2 AG Account Number 2149114 Date May 25, 2024 Alabama Community Newspapers Advertising. Affidavit 2999 Ross Clark Cir. Ste. 300 Dothan, AL 36301 (800) 779-2567 CITY OF ENTERPRISE POBOX 311000 ENTERPRISE, AL3 36330 Date Category Description REZONE MAP Ad Size 2x10.00IN Tolal Cost 399.95 05/25/2024 _Legal Display Ads Affidavit of Publication of Legal Notice This is to certify that the attached was publishedi in the Enterprise Ledger on the following dates: 05/25/2024 Newspaper reference: 0001289052 The sum charged for publications was $399. 95. The charges by the Newspaper for said publication does not exceed the lowest actual classified rate paid by commercial customers foran advertisement of similar size and frequency in the same newspaper(s) in There are no agreements between the Newspaper and the officer or attorney charged with the duty ofp placing the attached legal advertising notices whereby any advantage, gain or profit accrued tos said officer or attorney. which the public notice appeared. Notary Public Kimberly Kay! Haris NOTARY PUBLIC Commonwealth of Virginla Rog. No. 368763 Commission Exp.. Jan. 31,2025 b4 Bayllno State of Virginia County of Hanover My commission expires: THIS IS NOT Al BILL. PLEASE PAY FROM INVOICE. THANK YOU FIRST NOTICE OF PUBLIC HEARING ORDINANCE 05-21-24-B Frst public notice is hereby published int the! Enterprise Ledger, a newspaper of general mistunathyatamapiays.comecamgisam. thatpursuanttol Title11-52-77, Code ofA Alabama, 1975, as amended, the City Council oft the Cityo ofE Enterprise ataregular meeting at 6:00 p.m., June 18, 2024, at Enterprise Civic Center, 2401 Nell Metcalf Road, will consider for adoption Ordinance 05-21-24-B which proposes to amend the applicable Zoning Ordinance(s). as amended andt thez Zoning! Map oft the City ofEnterprise. Ap public hearingy willl bel held! bys said City Council oft the Cityo of Enterprise at the aforesaid time and place before thep passage anda adoption of said ordinance when at thatt time, all persons who desire shall! have an opportunity of being heard in opposition to or Int favor The proposed ordinance is as set out in its entiretyi int this notice. ofs said ordinarce. Beverly Sweeney City Clerk May 25, 2024 ast follows: ORDINANCE 05-21-24-B BE I ORDAINED BY THE CIY COUNCIL OF THE CITY OF ENTERPRISE, ALABAMA Upon publicr notice and! hearings asr required! byl law, andf following recommendation ofthe Planning Commission of the City of Enterprise, Alabama, previous Zoning Ordinance(s) and the Zoning Map of the City of Enterprise, Alabama, adopted herein and on file in the Office of the City Clerk and the Office of the City Engineering Department, City of Enterprise, isl hereby amended and, as amended, shallr reflect thet following: MAPAI ZONE PRESENT p.. MAPE BI PROPOSED REZONE EUALRN- R-2 AG R-2 AG Aparcel ofl landt belonging tol Lunsford &L Lunsford Farms, Inc. being! locatedi int the Cityof Enterprise, Coffee County, Alabama and! being further described es follows: COMMENCING at the Southeast comer of the Northeast 1/4 of the Northeast 1/4 of Section 10, Township 41 North, Range 22 East as marked by a Capped Pin stamped CA 0621LS; thence along the South line of said forty and the extension thereof bearing N 89°25'09"V Wad distance of 1763.72FT to a point on the South! line of the NW 1/4 of the NE 1/4 of said Section 10 andb being the POINT OF BEGINNING (P.0.B.); thence along said South! line oft thel NW1 1/40 of theN NE 1/41 bearing! N8 89925'09"Wa ac distance of 285.01 FTto ap point; thence depart said South! line of the NW 1/4 oft the NE 1/4 bearing N 00°19'19" Ead distance of 1670.46FTto a paint; thence S 48018'56" Eac distance of 379.75FTto apoint; thence S 00°19'20" Wac distance of 1420.80F FT to the P.0.B. Said parcel of! land being! located in the SW1 1/4 oft the SE 1/4 of Section 3 and the NW1 1/4 of the NE 1/4 of Section 10, both! being a part of1 T4N, R22E and containing 10.11 acres, more or! less. Said property, set out in detaili int the records of the Planning Commission and described by! Map A( (R-5, Mullifamily Residential District) is amended and, as amended shall be zoned and described by Map B (R-2, Medium! Density Single! Famlly Residential District) which is attached hereto andi is ap permanent part of the Zoning Ordinance and Map. ORDINANCE 06-04-24 RELATEDTOI FIBER OPTICLINES AN ORDINANCE GRANTING A FRANCHISE TOT UNITI FIBER GULFCOI LLC BEI ITORDAINED! BY THE CITY COUNCIL OF THE CITY OF ENTERPRISE, ALABAMA as Section 1. Thatt the City of Enterprise, Alabama (hereinafter referred to as the Municipality") hereby grants to Uniti Fiber GulfCo LLC, the non-exclusive right, privilege, authority and franchise to acquire, construct, own, maintain, enlarge, extend, improve and operate a fiber optic line system in the Municipality for the purpose ofs supplying fiber telecommunications: as provided in and pursuant to the terms and conditions oft the attachedi franchise agreement int the City andt to use the streets, avenues, alleys and public ways and places ins said Municipality for such purposes ass set out ins said franchise agreement. Section 2. Said non-exclusive franchise shall be forat ten (10): year period pursuant tot the franchise Section 3. Af full copy of the Ordinance, as synopsis ofwhich iss seti forth herein, may be obtained att the Section 4. That the provisions of this Ordinance are intended tol bes severable and, ifany one or more thereof should be heldi invalid for any reason, the rest shall nevertheless stand and bei fully effective. Section 5. This Ordinance shall be published att the expense ofUniti Fiber GulfCol LLCi int the Enterprise Ledger which, upon evidence duly submittedi to and considered by it, thes said governing body does hereby find to bea ai newspaper published and ofg general circulation int thel Municipality, in one issue Section 6. All ordinances, resolutions, or orders or parts thereof in conflict with this Ordinance is hereby follows: agreement. Office oft the City Clerk during regular business hours. thereof. repealed to the extent ofs such conflict. Duly Passed and Adopted this day of_ 2024. COUNCIL: Council President Turner Townsend District#5 Council Member Sonya W.I Rich District #1 Council Member Eugene Goolsby District #2 Council Member Greg Padgett District#3 Council Member Scotty. Johnson District #4 ATTEST: Beverly Sweeney City Clerk ORDINANCE 06-04-24 Page2 Transmitted to thel Mayor this Beverly Sweeney City Clerk day of 2024. ACTION OF THEI MAYOR: Approved this William E. Cooper Mayor day of_ 2024. ATTEST: Beverly Sweeney City Clerk FRANCHISE AGREEMENT BETWEEN THE CITY OF ENTERPRISE UNITI FIBER GULFCO LLC AND WHEREAS, Uniti Fiber GulfCo LLC (hereinafter Franchisee") has asked City of Enterprise (hereinafter "the City"), to issue the nonexclusive Franchise to provide a fiber-optic transmission lines including a Distributed Antenna System( ("DAS") and/or a Small Cell System serving one or more wireless service providers within the City of Enterprise, within the incorporated part of the City; and WHEREAS, the City is willing to issue such a Franchise, conditioned on Franchisee's WHEREAS, Franchisee is willing to accept the Franchise subject to such terms and NOW, THEREFORE, in consideration of the mutual promises made herein, and other good and valuable consideration, the receipt and the adequacy of whichis is hereby acknowledged, acceptance of thet terms and conditions thereof; and conditions, and to abide by those terms and condition. the parties hereto agree as follows: DEFINITIONS. 1. (a) (b) appendices hereto. (c) successors and assigns. (d) Services. As used in this Franchise Agreement, the term "Services" means the Franchise Agreement. This agreement and any amendments, exhibits, or Franchisee. Refers to Uniti Fiber GulfCo LLC and its lawful and permitted Books and Records. Means any recorded information relating to the Systemori its provision of high-capacityprivate transportbetween customerlocations Ethernet, wavelength and date transmission on fiber-optic cable. management, including but not limited to information regarding its construction, operation, or repair, inv whatever form stored, including, but not limited to computerized records and programs, meters, equipment, nodes, antennas, batteries, other power sources, and all other facilities and appurtenances associated with the operation of fiber-optic transmission lines and/or Distributed Antenna System ("DAS") and/or a Small Cell Systems by the Franchisee in accordance with the refer to the named actions interpreted broadly, encompassing, among other things, installation, extension, maintenance, replacement of components, relocation, undergrounding, grading, site paper records, and video or audio taped records. (e) System. The term shall mean a system of pipes, lines, wires, transmission lines, terms and conditions contained in this agreement. () Construction, Operation or Repair. These and similar formulations of those terms preparation, adjusting testing, make-ready, excavation and tree trimming. compatible utility easements. It does not include recreational and nature trails. (g) Rights-of-way. The term right(s)-of-way" refers to City streets, alleys, roads and 1 (h) () Telecommunications Services. The term telecommunications service(s),"mears Gross Revenues. Means all revenue derived by Grantee or any affiliate of Grantee the offering of telecommunications for a fee directly tot the public, or to sucho classes of users as tol be effectively available directly to the public, regardless of the facilities used. or any other person who would constitute an operator of the System from the operation of the System to provide local telecommunications services. Gross revenues shall mean all revenues received by the Company from (a) the operation of the System within the corporate limits oft the City, and (b)any related services provided by the Company within the corporate limits of the City, including but not limited to: (1) all revenues from installation charges for customers within the City, (i) all revenues from connection or disconnection fees from customers within the City, (ii) all revenues from penalties or charges to customers in the City for checks returned from banks, net ofcosts paid, and penalties, interestor chargesf for late payment, (iv)all revenues from equipment sold or rented to customer upon customer premises within the City, (v) all revenues from authorized rental of conduit spacewithin the City'sri rights-of-way, (vi) all revenues from authorized rentals ofa any portion oft the Company's System,(vi) all other revenues collected by the Company from business pursued within the City, recoveriesofbad debts previouslywriten offa and revenues from the sale or assignment of bad debts, and (vi) the value of any free servicesp providedb by the Company to customers within the City. Gross Revenues include, by way of illustration and not limitation, monthly fees charged users or subscribers for any service, installation, disconnection, reconnection and change-in-senviceles, lease payments, late fees, administrative fees and any revenue-sharing: arrangements. Grossrevenues: shall noti include any taxes on servicesfurrished by Grantee, which taxes are imposed directly on a subscriber or user by a city, county, State and collected by Grantee for such entity. The Franchise fee is not such a tax. Gross revenues shall not include amounts which cannot be collected by Franchisee and are identified as bad debt; provided thati if amounts previously representing bad debt are collected, then those amounts shall be included in gross revenues for the period in which they are collected. Gross revenues shall include revenue recovered by any entity other than Grantee where necessary to prevent evasion or avoidance oft the obligation under this Franchise to pay the Franchisel Fees, however, amounts included in gross revenues shall not be counted more than once; therefore, amounts included once in Granter's gross revenues shall not be added to gross revenues again if they are received by an affiliate of Grantee in payment for services supplied to Grantee. Gross Receipts shall not include revenues arising from or relating to Telecommunication Services that both originate and terminate outside the corporate limits of the City. 2. GRANT OF AUTHORITY; LIMITS AND RESERVATIONS. (a) Grant of Authority. The Franchisee is hereby granted, subject to the terms and conditions of this Franchise Agreement, the non-exclusive and limited right, privilege, and authority to construct, operate and repair a System within the franchise territory defined in this Agreement to provide Services. The Franchise issued to the Franchisee is subject to the terms and conditions oft this Agreement. Itshall remain in effect for ten (10)years from the effective date (b) Scope of Franchise. The Franchisee is intended to convey non-exclusive, limited rights and interests only as to those City streets, alleys, roads and compatible utility easement rights-of-way! in whicht the City has an actual interest. Itis not a warranty of title or interest in any right-of-way; it does not provide the Franchisee any interest in any particular location within the right-of-way; and it does not confer rights other than as expressly provided in the grant. The Franchisee does not deprive the City of any powers, rights or privileges it now has or may later acquire in the future to use, perform work on or to regulate the use of and to control the City's right-of-way covered by the Franchise, including without limitation the right to perform work on its oft this grant, unless otherwise terminated by action oft the City. 2 roadways, right-of-way, or appurtenant drainage facilities, including by constructing, altering, renewing, paving, widening, grading blasting or excavating. When practical, the Citywill give the Franchisee forty-eight (48) hours' notice of any blasting or excavatingwhich is likely to damage the Franchisee's lines and appurtenances so that the Franchisee may protect its lines and appurtenances from any City work. Franchisee shall not operate a cable system as defined in the Cable Communications Policy Act of 1984 (47 USCA $521 et seq., as amended) without first having obtained a separate cable franchise or video service agreement with the City. This Agreement shall not be construed to create any rights in Franchisee beyond the terms, conditions and periods set forth in this Agreement. The City makes this grant without reducing its police powers and expressly reserves the right to adopt and enforce, now and hereafter, in addition to the provisionsi in this Agreement and all other existing laws,suchadditional laws,ordinances, and regulations as it may find necessary in the exercise ofi its police power to provide for the health, safety, or welfare ofthe City. The Franchisee'suse oft the rights-of-way: authorized hereunder shall be subordinate in all matters to the City'suse and rights of the rights-of-way." This Agreement does not convey any title, legal or equitable, to the Franchisee with respect to the rights-of-way. This Agreement does not give the Franchisee any vested right in any part of the System's particular location, and the Franchisee acknowledges and accepts at its own risk that the City may make use in the future of the rights-of-way in which the Franchisee is located in a manner inconsistent with Franchisee's use of the rights-of-way, and that in such event the Franchisee will not be (c) Activities of Affiliates. Franchisee promises and guarantees, as a condition of exercising the privileges granted by this Franchise, that any Affiliate or joint venture or partner of the Franchise directly involved in the offering of Services in the City of Enterprise or directly involved in the management or operation of Systemi in the City of Enterprise will comply with the (d) Franchisel Not Exclusive. The rightt to use and occupy the public right-of-way is not exclusive and does not explicitly or implicitly preclude the issuance of other Franchises to construct, operate or repair Systems within the City; or affect the City'sr right to use or authorize the use of any of its public right-of-way or other property by other persons as it determines entitled to any compensation from the City. terms and conditions of this Franchise. appropriate. (e). Construction of Agreement. The provisions of this Agreement shall be liberally () Relation to Other Provisions of Law. This Agreement and all rights and privileges granted under thel Franchise are subjectto the City'spolice and other powers and other applicable law. The Franchise issued and the franchise fee paid hereunder are not in lieu of any other required permit, authorization, fee, charge or tax, unless expressly stated herein. (g) Effect of Grant. By granting this Franchise, the City acknowledges and agrees that ithas the authority to issue this Franchise and did so pursuant to processes and procedures consistent with applicable laws, and thati it will not raise any claim to the contrary. (h) Franchisee Bears Its Own Costs. Unless otherwise expressly provided in this Agreement, all acts that the Franchisee is required to perform must be performed at the Franchi- (1) NoWaiver. The failure of the City or the Franchisee on one or more occasions to exercise a right or to require compliance or performance under this Agreement, or any other applicable law shall not be deemed to constitute a waiverof suchr right or a waiver of compliance construed to promote the public interest. see's own expense. 3 orp performance, unless suchar right has been pedlicalyvawedhwting, Anywaiverofabreach is not a waiver of any other breach, whether similar or different from that waived. () No Recourse. To the extent permitted by law, the Franchisee shall have no recourse whatsoever against the City or its officials, boards, commissions, council members, agents or employees for any loss, costs, expenses, or damages arising out of any provision or requirement of the Franchise or Franchise, Agreement except if such loss, costs, expenses, or damages are the result of the sole negligence on the part of the City or its agents. The rights of the City under its provision are in addition to, and shall not be read to limit, any immunities the City or its officials, boards, commissions, council members agents or employees may enjoy or (k) Warranties and Representations. The Company. hereby agrees,. represents and warrants thati it is legally authorized to enter intot this Agreement in accordancewith all applicable laws, rules and regulations. Furthermore, the Company further agrees, represents and warrants that this Agreement is legal, valid and binding, and that it is required to obtain authorization and consent from the City prior to the construction, installation, operation or maintenance of the rights which the Franchisee may enjoy under federal or state law. System. 3. EFFECT OF CHANGES IN LAW. (a) Severability. In the event that a court or agency, or legislature of competent jurisdiction acts or declares any nonmaterial provision of this Agreement is unenforceable according to its terms, or otherwise void, said provision shall be considered a separate, distinct, and independent part of this Agreement, and such holding shall not affect the validity and enforceability of all other provisions hereof. In the event that a court or agency or legislature of competent and controlling jurisdiction declares any material provision of this Agreement is unenforceable according to its terms, or is otherwise void, the parties agree to immediately enter into negotiations in good faith to restore to the injured party the benefits or equivalent consideration whichthe injured party agrees is a reasonable substitute for the benefits the injured party expected to receive from the provision which was declared unenforceable. (b) ElffectofChange inLaw. Int the event that state or federal laws,rules, ori regulations preempt a provision or limit the enforceability of a provision of this Agreement, then, subject to the parties' rights under Section 3(a) of this section, the provision shall be read to be preempted tot the extent and for the time, but only to the extent and fort the time, required by law. Int the event such state or federal law, rule, or regulation is subsequently repealed, rescinded, amended, voided, or otherwise changed, sot that the provision hereof that had been preempted is no longer preempted, such provision shall thereupon return to full force and effect and shall thereafter be binding on the parties hereto, without the requirement of further action on the part of either party. TRANSFERS. Ther rights granted under the Franchise may not be transferred, assigned, sublet or subdivided in any way or through any mechanism, including a sale or lease of all or substantially all oft the System or as sale or change in the control of the Franchisee (all referred to below as transfers")without the express prior permission of the City by Ordinance or federal law; provided, however, the City may not unreasonably refuse to allow such assignment or transfer. (a) Control. The word "control" as used herein is not limited to majority stock ownership but includes actual working control in whatever manner exercised.Achange in control 4. includes any of the following: 4 (1) If Franchisee is a publicly traded partnership or corporation, the sale or transfer of five percent (5%) oft the Franchisee's stock or general partnership interest; (2) If Franchisee is a closely held partnership or corporation or an individual, transfer of fifty percent (50%) of the ownership interest or the voting stock interest in Franchise or transfer of fifty percent (50%) or more of the ownership interest or the voting stock inanyl legal parent or entity directly or indirectly controlling or managing Franchisee; (3) Any other transaction which has the practical consequence of transferring toanew entity or legal person the actual working control oft the Franchisee, the Franchise, (b). Application for Transfer. An entity that seeks approval of a proposed transfer (hereafter the "Applicant") shall file an application for approval of that transfer no later than on ninety (90) days prior to the proposed effective date of the transfer. The application shall meet the requirements of applicable law. City shall make a written decision within thirty (30) days. (c) Notice of Transfer. The Franchisee shall notify the Mayor in writing as soonas any agreement or contract is executed for at transfer that is subject to the approval oft the City. (d) Reviewof Transfer. As the Citydetermines necessarylneyaluating the application, the City may require the Franchisee and Applicant to submit information in addition to that or all or substantially all of the System. provided as part of the application. (e) Mandatory Conditions. (1) No application shall be granted unless the Applicant agrees in writing that () Assume and be responsible: for the obligations and liabilities of the Franchisee, known and unknown, under this Agreement and applicable law. (i) Provide performance guarantees to the City that the City considers sufficient and adequate to guarantee the full and faithful performance of all (2) No application shall be granted unless the Applicant agrees. that approval by the Cityo of thet transfer shall not constitute a waiver or release of any rights of the City under this Franchise Agreement or applicable law, whether arising before or after the (3) No application shall be granted unless the Applicant posts all required bonds, securities, and the like in its own name at least 30 days prior to the closing date of the transfer. (T) Other Changes in Ownership. Franchisee shall notify the City of any substantial changes in ownership in Franchisee ori ina any entity that directly or indirectly controls franchisee at least ninety (90) days prior to the proposed effective date of the change. If the City concludes the proposed change is a transfer as defined in this Agreement, Franchisee shall immediately comply with the requirements of this Section 4 and agrees not to complete the proposed change without prior City approval. This provision shall not apply to publicly traded stock transactions itwill: franchise obligations by the Franchisee. effective date oft the transfer. which the Securities and Exchange Commission does not require notice. 5 5. FRANCHISE FEE. (a) Payment to City. As financial compensation for use of rights-of-way for the offering of Services, thel Franchisee and its affiliates shall pay the City (on a quarterly basis at least fifteen (15) days before the end of each quarter), a Franchise fee in an amount equal to five percent (5%) of the Gross Revenues. Gross Receipts on Telecommunications Services that originate in one municipality and terminate in another shall be evenly apportioned among the two municipalities for purposes ofcalculating the Usel Fee owed to each municipality by the Company, sucht that the aggregate Usel Fee paid by the company to the two municipalities shall not exceed five percent (5%) of the Gross Receipts on said' Telecommunications Services. "Affiliate" as used inthis paragraph means any affiliate or joint venture or partner of the Franchisee directly involved in the offering of Services in the City, or directly involved in the management or operation of the (b) Not in Lieu of Any other Assessments, Tax or Fee. The Franchise fee is in addition to all other fees, assessments, taxes or payments that the Franchisee may be required to pay (c) Payments. In the event that a franchise fee payment or other sum due is not received by the Mayor on or before the date due, or is underpaid, the Franchisee shall pay in addition to the payment, or sum due, interest from the due date at a rate equal to the maximum (d) No Accord or Satisfaction. No acceptance of any payment by the City shall be construed as a release or an accord and satisfactionof. any claim the City may have for further or additional sums payable as a franchisei fee under this Agreement for the performance of another (e) Payment on Termination. If the Franchisee terminates for any reason, the Franchisee shall file with the City within ninety (90) calendar days of the date of the termination, af financial statement, certified by an independent certified public accountant, showing the Gross Revenues received! by the Franchisee: since the end of the previous fiscal year. The City reserves the right to satisfy any remaining financial obligations of the Franchisee to the City by utilizing the funds available in a security fund, letter of credit, and/or security provided by the Franchisee. System in the City of Enterprise. under any federal, state, or local law. rate of 1.5% per month compounded annually. obligation of the Franchisee. 6. NOTICES. All notices to Franchisee shall be mailed to: Uniti Fiber GulfCOLLC ATTN: Kelly A. McGriff, Esq. Vice President and Deputy General Counsel 107 St. Francis Street, Suite 1800 Mobile, Alabama 36602 All notices tot the City shall be mailed to: Office of the Mayor City of Enterprise PO Box 3111000 Enterprise, Alabama 36331 6 Which said addresses may be amended from time to time by the parties by providing written notice to the other party. Anotice may be' "mailed" to the parties by depositing iti in the U.S. Mail, registered certified mail, return receipt requested. A notice shall be deemed received three (3) days after the notice is "mailed." 7. INSURANCE REQUIREMENTS. (a) General Requirement. Franchiseemusthave: adequate insurance during the entire term of the Franchise against claims for injuries to persons or damages to property which in any way relate to, arise from, or are connected with the holding of the Franchise by the Franchisee, its agents, representatives, contractors, subcontractors and employees. As of the effective date oft the Franchise, the Franchisee must have insurance coverage in place in the amounts and the form specified in (b); its shall maintain at least that coverage throughout the Franchise term. (b) Scope of Insurance. Franchiseer mustk keepi insurancei in effect as stated below and inaccordancewith the minimum insurance: scope the Mayor may set from time to time. The initial minimum insurance coverage shall be at least as broad as: Commercial General Liability Insurance- at least $1,000,000.00 per occurrence and $3,000,000.00 aggregate. Commercial Automobile Liability Insurance- at least $1,000,000.00 per occurrence combined single limit for bodily injury, including death, and property damage coverage. Worker's Compensation and Employer's Liability Insurance $1,000,000.00 per accident; disease, per employee and $1,000,000.00 aggregate; Commercial Umbrella or Excess Insurance providing coverage over and above the coverages of the Commercial Liability, Commercial Automobile Liability and Employer's Liability in the sum of at least $4,000,000.00 per occurrence and $4,000,000.00 aggregate. Policymust! be' occurrence'basis. The City, its officers, council members, employees, agents and representatives shall be named as additional insureds under all policies and provide DEDUCTIBLES AND SELF-INSURED RETENTIONS. IfFranchisee changes a policy to include a self-insured retention, the Franchiseeshall givenotice of suchchange to the City. If any such self-insured retention creates any obligation or liability for the City, such self-insured retention shall be subject to the approval of the City Council. Such approval will be given if the self-insured retention is consistent with standard industry practices and does not create any obligation or liability, for the City. Any deductible and/or self-insured retentions oft the policies shall not in any way limit or apply to the Franchisee's liability to the City and shall be the sole certificate ofi insurance showing coverages, insurance companies name. 8. responsibility oft the Franchisee. (a) Endorsements. endorsed so that: (1) General liability and automobile liability policies shall contain, or shall be () The City, its officers, officials, council members, employees, and agents aret to be covered as and have the rights of additional insureds withr respect to liability arising out of activities performed by or on behalf of Franchisee under this Agreement or applicable law, or in the construction, operation or repair, or (i) To the extent of Franchisee's wrongful act, the Franchisee's Insurancecoverageshal. be primary insurancewith respecttot the City, its officers, officials, employees, and agents. Any insurance or self-insurance maintained by ownership of its System; 7 the City, its officers, officials, employees, and agents shall be in excess of the Franchiseesinsurance and shall not contribute withi it; provided, however, that this paragraph is solely intended to benefit the City and nothing in or related to this paragraph, or any other provision in this Agreement for that matter, is intended to and does not alter, abrogate or limit any of the City's insurance carriers' duties (whether related toi indemnification, defense, or otherwise) to the City, its officers, council members, employees and agents and to the extent this paragraph, or any portion thereof, is construed as limiting, altering or abrogating those duties, then as to the City, its officers, council members, employees and agents, such is (ii) Franchisee's insurance shall apply separately to each insured against whom a claim is made or lawsuit is brought, except with respect to the (2) All policies shall contain, or shall be endorsed so that: The Policy shall not be suspended, voided, canceled, or reducedi in coverage or in limits, nor shall the intention not be renew be stated by the insurance company, except after Forty-five (45) calendar days prior written notice, return receipt requested, has been given to the Mayor. (b) Acceptability of Insurers. The insurance obtained by Franchisee shall be placed with insurers with a Bests' rating of no less than A: VIII, or if not rated by Bests', with surpluses (c) Verification of Coverage. At least annually, the Franchisee shall furnish the City with certificates ofi insurance required by this Agreement and endorsements ora copy of the page of the policy reflecting blanket additional insured status, if required by written contract. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements for each insurance policy are to be on suchi forms as are consistent with standard industry practices and are to be received by the City. The Franchisee hereby warrants that its insurance policies satisfy (d) Performance Bonds. Upon Application for a permit to construct or repair any portion of the system, the City may require the posting of a corporate bond in the amount of $50,000.00 to insure the prompt payment for any damage that may be caused by Franchisee or for the prosecution of the work in the event it is not completed or completion is substandard. considered void and non-operative as to the City; limits of the insurer's liability. equivalent to Bests'A: VIII rating. the requirements of this Franchise. Agreement and State law. 9. INDEMNIFICATION. (a) Scope of Indemnity. Except for matters arising out of the City's sole negligence, Franchisee shall, at its sole costand expense, indemnify, hold harmless, and defend the City, and its officers, boards, commissions, agents, and employees, against any and all claims, including but not limited to third party claims, suits, causes of action, proceedings, and judgments for damages or equitable relief arising out of the construction, operation or repair ofi its System, or in any way arising out of the Franchisee's enjoyment or exercise of its Franchise, regardless of whether the actoromssoncompianed of is authorized, allowed, orp prohibited by this Agreement. Without limiting in any way the Franchisee's obligation to indemnify the City and its officers, boards, commssions,counc. members, agents, and employees as setforth above, this indemnity provision applies to, but is not limited to, expenses for reasonable legal fees and for disbursements incurred by the City and liabilities as follows: 8 (1) To persons or property, in any way arising out of or through the acts or omissions of the Franchisee, its officers, employees, or agents, or to which the (2) Arising out of any claim for invasion of the right of privacy, for defamation of any person, firm or corporation, for the violation or infringement of any copyright, trademark, trade name, servicen mark, or patent, for a failure by the Franchisee to secure consents from the owners or authorized distributors of programs to be delivered by the System, or for violation of any other right of any person, excluding claims arising out of or (3) Arising out of Franchisee's failure to comply with the provisions of any federal, state or local statute, ordinance, rule or regulation applicable to the Franchisee with respect to any aspect ofits business to which this Agreement applies. (b). Dutyt to Give Notice and Tender Defense. The City shall give the Franchisee timely written notice of the making of any claim or of the commencement of any action, suit or other proceeding covered by the indemnity in this section. In the event any suchclaim arises, the City or any. other indemnified party shall tender the defense thereof to the Franchisee and the Franchisee shall have the right and duty to defend, settle or compromise and claims arising (c) Exception to Duty to Tender Defense. Notwithstanding the above, the City shall have no obligation to tender a defense as a condition of the indemnity where there is a material (d) Additional Indemnifications. The City may require Franchisee to execute specific and additional indemnifications in connection with issuing any permits related to performance Franchisee's negligence or wrongful act shall in any way contribute; relating or programming provided by the City; and hereunder and the City shall cooperate fully therein. conflict between the interests of the Franchisee and the City. under this agreement. 10. RELATIONSHIP OF REMEDIES. (a) Remedies are Non-exclusive. The remedies provided for this Agreement are cumulative and not exclusive; the exercise of one remedy shall not prevent the exercise of another, or any rights of the City at law or equity, provided however, cumulative remedies may not (b) No Election of Remedies. Without limitation, the recovery of amounts under the Insurance or indemnity provisions of this Agreement shall not be construed as the following: an election of remedies, al limit on the liability of the Franchiseer under the Franchise for damages or exceed the total wrong involved. otherwise; or to excuse faithful performance by the Franchisee. 11. NON-DISCRMIMATION. (a) No Discrimination. (1) The Franchisee must comply with all applicable local, state and federal laws and regulations prohibiting discrimination, including without limitation, laws and regulations prohibiting discrimination in the provision of service or employment. 9 (2) The Franchisee is specifically prohibited from discriminating among persons or takinga any retaliatory actionagainst: ap person because of that person's exercise ofany right it may have under federal, state, or local law, nor may the Franchisee require (b) Equal Employment Plan. The Franchisee must adopt and follow an equal employment opportunity plan that complies with all applicable provision of federal, state and local laws and regulations (whichrequirement includes the obligation to amend that plan to bring iti into compliance with those laws and regulations, as hereafter amended ori interpreted). aj person to waive such rights as a condition oftaking service. (c) Nol Discrimination. (1) Franchisee shall fully, comply with all applicable federal, state, and local laws, ordinances, executive orders and regulations which prohibit discrimination. These laws include, but are not limited to, Titles VI and VII of the Civil Rights Act of 1964, as (2) During the performance of this Franchise. Agreement, neither Franchisee nor any part subcontracting under the authority of this Franchise Agreement shall discriminate on theb basis ofage, ancestry.creed, color, marital status,national origin, race, religion, sex, sexual orientation, or presenceof: any mental, physical or sensory handicap against any employee or applicant for employment, unless based on a bona fide occupational qualification, or in the administration or delivery of services or any other (d) Reporting. Franchisee shall submit such documents and information as may be 12. CONDITIONSONUSEOFRIGHISOFWArSPECICPRACTCES.Theconsmnucion. operation and repair of the System mustbe performed in compliance with this Agreement and all applicable laws regarding use of the rights-of-way. The Franchisee's obligations and the City's amended. benefit under this Franchise Agreement. reasonably requested by the City. rights under that Section include, but are not limited to, the following: (a) Use of Public and Private Property; Generally. (1) The System shall be constructed, operated and repaired so as to cause minimum interference with the rights and reasonable convenience of property owners (including the City) and users of the right-of-way and other public property. The City may from time-to-time issue reasonable rules, regulations and permit requirements concerning the construction, operation and repair and System as appropriate. Applications for work permits shall be presented to the City Building Permit Division which may require copies ofp plans, blueprints, cross-sectionsorlurtne; detailing ofwork tol be done. Any work done, whether by Franchisee, its contractors, or third parties will include necessary paving, patching, grading, and any other reasonably necessary repair or restoration to the City rights-of-way. All work shall be done to the satisfaction of the City Engineer. (2) All equipment, lines, and appurtenances which are used in the operation, maintenance, repair or construction of the Franchisee's system, except for those pieces specifically noted in this Franchise, and which are located within the City's rights-of-way shall be considered to be part of Franchisee's system and shall be the Franchisee's responsibility. All permits for the operation, maintenance, repair or construction of said system shall be applied for and given in the name of the Franchisee, who shall be 10 responsible for all work done under the permit regardless of whether the worki is done by (3) Franchisee shall obtain all required permits or easements before commencing any construction, reconstruction, repair, maintenance, or other work or property use. Permits for emergency work shall be obtained as soon as possible, but in (4) All work authorized and required hereunder shall be done in a safe, thorough and workmanlike manner and may be subject to the inspection and approval of the City Engineer. However, nothing herein or in this Agreement reserves the right of the City, its officers, council members, employees and agents to control safety measures and work involving safety issues and instead it is expressly understood that the means and methods pertaining to any work performed by Franchisee or as to any safety measures related to said work, are solely the Franchisee's responsibility and not the City's. Any inspection and approval of the City's Engineer would be solely for purposes determining that the work complies with applicable codes, ordinances and the like but not as such pertains to safety issues and measures related to Franchisee's means and methods of workwhicha are the sole responsibility: of Franchisee. The Franchisee must comply with all safety requirements, rules, and practices and employ all necessary devices as required by applicable law and permits during construction, operation and repair of its system. By way of illustration and not limitation, the Franchise must comply with the then current; National Electrical Safety Code published by the Institute of Electrical and Electronics Engineers, Inc. (currently ANSI C2-1190 and replaced by subsequently adopted additions), and Occupational Safety and Health.Adminstration (OSHA)Safety: and Health Standards. All traffic control shall be done in compliance with the then current edition of the Franchisee, its employees or contractors, or by third parties. no event later than one working day after the work is begun. Manual on Uniform Traffic Control Devices, Part' VI. (b) Use of Poles and Conduits. (1) Where electrical and telephone utility wiring is installed underground at the time of initial System construction, or when such wiring is subsequently placed under- ground, all System lines or wiring and equipment shall also be placed underground on a nondiscriminatory basis with other wire line services at no additional expense to the City orsupscrbers.Reatedsystemequpment suchas pedestal must be placedi in accordance with City code requirements and underground utility rules as interpreted by the City Engineer. Inareas wherel both electric and telephone utility wiring is aerial, the Franchisee may install aerial cable, except when a property owner or resident requests underground installation and agrees to bear the additional cost in excess of aerial installation. The foregoing notwithstanding, and subject to the City's reasonable standards as to ascetics and public safety, the Franchisee shall not be enjoined from installing its Distributed (2) The Franchisee shall utilize existing poles and conduit wherever possible, subject to the execution of a separate agreement with the City for the attachment to its poles. The foregoing notwithstanding, and subject to the City'sreasonable standards as to ascetics and public safety, the Franchisee shall not be enjoined from setting its own (3) The Franchise does not grant, give or convey tot the Franchisee the right or privilege to install its facilities in any manner on specific utility poles or equipment oft the City or any other person without their permission. Copies of agreements for use of poles, Antenna System ("DAS") and/or a Small Cell System. poles in the City's Rights of Way. 11 conduits or other utility facilities must be provided upon request by the Mayor upon demonstrated need and subject to protecting Franchisee's proprietary information from (4) The Franchisee is encouraged to perform constructionand maintenance of the System in a manner resulting in the least amount of damage and disruption to the rights-of-ways. The Franchisee will be required to use trenchless technology for any portion of construction or maintenance projects which lie beneath the paved or improved portion of any roadway to which this Agreement applies, unless otherwise approved by the City Commission. The City Engineer may require trenchless technology in other locations, where circumstances prevent or make open-cut methods impractical. The Franchisee may use either the open-cut method or trenchless technology for construction outside the paved or improved portion of any roadway to which this Agreement applies. (5) In any case, where the Franchisee is or has been authorized to erect a pole, the Franchisee shall extend the right to use its poles upon reasonable terms and conditions or other persons having a franchise or permit to maintain lines and facilities upon the same road or right-of-way (a' "franchise holder"). The City shall have the right to install and maintain free of charge upon the poles owned by the Franchisee any facilities disclosure to third parties. that do not unreasonably inter-fere with the Franchisee's System. (c) Repair and Restoration of Property. (1) The Franchisee shall protect public and private properly from damage. If (2) If public or private property is disturbed or damaged, the Franchisee shall restore the property to its former condition inducing necessary paving, patching, grading and other necessary repair or restoration, normal wear and tear excepted. Public right-or- way or other City property shall be restored to its former condition, normal wear and tear excepted, in a manner and within a time approved by the City Engineer or custodial agency. If restoration of public right-of-way or other City property is not satisfactoriy performed within areasonable time, the City Engineer or custodial agency may, after prior notice to the Franchisee, or without notice where the disturbance or damage may create arisk to public health or safety, or cause delay or added expense to a public project or activity, cause the repairs to be made at the Franchisee's expense and recover the cost of those repairs from the Franchisee. Within thirty (30) days of receipt of an itemized list of those costs, including the costs of labor, materials and equipment, the Franchisee: shall pay the City. Consistentwith this agreement, if suiti is brought upon Franchisee's failure to pay fori repair and restoration, and ifj judgment in such a suit is entered in favor of the City, then the Franchisee shall pay the City's actual costs resulting from the non-payment, including interest from the date the bill was presented, disbursements, attorney's fees and litigation-related costs. Private property must be restored promptly, considering the nature (3) Prior to entering onto private property to construct, operate or repair its System, Franchisee shall give the person residing on or using the property adequate notice that it intends towork on the property, a description oft the work it intends to perform and a name and phone number the person can call to protest or seek modification of the work. Work shall be done in a manner that causes the least interference with the rights and reasonable convenience of property owners, residents and users. damage occurs, the Franchisee shall promptly notify the property owner. of the work that must be performed. 12 (d) Movement of System For and By City. Franchisee and City agree to each bear their respectivecosidfrepair, replacement removal related to their particular property in the event of fire, disaster, or other emergency, or when a City project or activity makes the removal, replacement, modification or disconnection necessary or less expensive for the City. Except during an emergency, the City will provide reasonable notice to Franchisee prior to taking such action and shall, provide Franchiseewith the opportunity top perform such action. Following notice by the City, Franchisee shall remove, replace, modify or disconnect any of its facilities or equipment within any public right-of-way, or on any other City property, exceptt that the City shall provide at least one hundred eight (180) days written notice of any major capital improvement project which would require the removal, replacement, modification or disconnection of Franchisee's facilities or equipment. If the Franchisee fails to complete this workwithin the time prescribed and to the City's satisfaction, the City may cause such work to be done and bill the cost of the work to the Franchisee. Within thirty (30) days of receipt of an itemized list of those costs, the Franchisee shall pay the City. The City, its officials, officers, employees and agents shall not be liable to the Franchisee for any damage caused as a result of action taken under this (e) Movement for Other Franchise Holders. If any removal, replacement, modification ord disconnectioni is required to accommodate the construction, operation, or repair of the facilities ore equipment of another franchiseholder, Franchisee: shall, after atl least thirly (30)days'a advance written notice, take action to effect the necessary changes requested by the responsible entity. The parties shall determine how costs associated withi the removal, relaying or relocation shall be (d) Movement for Other Permittees. At the request of any person holding a valid oversize loaded or similar permit and upon reasonable advance notice, Franchisee shall temporarily raise, lower or remove its wires as necessary to permit the moving of a building, vehicle, equipment or other item. The expense of such temporary changes, including standby time, must be paid byt the permit holder, and Franchisee may require a reasonable deposit oft the (g) Tree Trimming and Excavation. The Franchisee shall have the authority to trim trees that overhang a public right-of-way of the City so as to prevent the branches of such trees from coming in contact with its System, in accondancewinaplicabe City codes and regulations. (h) Decisions of City Engineer. Whenever the decision, requirement or approval is by this Agreement tol be a determination of the City Engineer, that determination shall be conclusive upon the parties hereto, excepti in that instance where the determination is arbitrary, made in bad (i) Road Vacations. If, at anyt time, the City vacates any City rights-of-way coveredby this limited Franchise, the Citys shall not be held liable for any damages or loss to the Franchisee Section. allocated prior to construction. estimated payment in advance. faith or to defraud the parties hereto. by reason of such vacation. 13. OPERATION AND REPORTING PROVISIONS. (a) Inspection and audit. The City shall have the right to inspect and audit, upon reasonable written notice, at anyt time upi tothree (3)years fromt the date that this Agreement ends whether by expiration, revocation, or termination, at Franchisee's office where suchrecords are located, all relevant financial statements and financial records in the form and manner as reasonably prescribed by the City to verify compliance with the use fee or other payment requirements oft this Agreement. 13 (b) Reports. Franchisee to submit a statement, certified as true by an independent auditor or chief financial officer of Franchisee, setting forth its gross revenues by category, and describing what revenues were included and excluded in calculating the use fee, and any adjustments made to grossrevenues. The request shall be made by the City no later than thirly (30) days after the given quarterly payment is received, and Franchisee shall have ninety (90) (c) Retention of Records; Relation to Privacy Rights. The Franchisee shall take all steps required, if any, to ensure that it is able to provide the City all information which must be days to respond. provided or may be requested under this Agreement. 14. REMEDIES- DEFAULT. (a) Rights of City. In addition to exercising any of the other remedies provided in this Agreement, Citys shall have and does reserve any and all the remedies available under applicable law or at equity, including, but not limited to, proceedings to terminate or void this Franchise Agreement, subject to the following: Unless such prior notice is not practicable, City will provide Franchisee a written notice providing that a default may be cured thirty (30) days,setting out the nature of default and Franchiseeshall have thirty (30) days from receipt of said notice to curet the (b) Rights of Franchisee. In addition to exercising any of the other remedies provided int this Agreement, Franchisee shall have and does reserve any and all the remedies available default. under applicable law or at equity. 15. ABANDONMENT. (a) Effect of Abandonment. If the Franchisee abandons its System during the Franchise term, or fails to operate its System in accordance with its duty to provide continuous service, the City, at its option, may operate the System; designate another entity to operate the Systemtemporarly until the Franchisee restores serviceunder conditions acceptable to the City or until the Franchise is revoked and a new Franchisee selected by the City is providing service; or obtain an injunction requiring the Franchisee to continue operations. If the City is required to operate the System, the Franchisee shall reimburse the City or its designee for all reasonable costs and damages incurred that are in excess of the revenues from the System. (b) What Constitutes Abandonment. The City shall be entitled to exercise its option (1) The Franchisee fails to provide Service in accordance with this Franchise Agreement over a substantial portion of the FranchiseArea for ninety-six( (96) consecutive (2) The Franchisee, for any period, willfully and without cause refuses to and obtain any required injunctive relief if: hours, unless the City authorizes a longer interruption of service; or provide Service in accordance with this Franchise Agreement. 16. SERVICE TO THE CITY. (a) In addition toa any franchise fee collected pursuant tot this franchise, the Franchisee shall provide the fiber and facilities to the governmental and institutional facilities as follows: 14 (1) The Franchisee shall provide the City without charge, and solely for the Chy'snoncommercial telecommunications purposes.one()dark fiber pair (two(2) fibers) in all of the ducted, conduit and aerial facilities in its backbone network (i.e., network consisting of fully redundant self-healing ring topology, where such ring topology exists) within the City limits, with necessary splice cases and industry standard fiber connectors. Franchisee may choose, at its own election, to provide the City with more fiber strands along certain segments of its route and may do so using a dedicated cable for the City's facilities, if the Franchisee determines it is more advantageous to do so from an (2) Within six (6) months of completion of any route, initial build or expansion, Franchisees shall provide to the City lateral connections to and will terminate and splicet the dark fibers at a patch panel to each City designated facility along the Franchisee's fiber optic transmission line run, as requested by the City and, further, provide any necessary facilities to accomplish the interconnection of City telecommunications services at (3) In addition, Franchisee will provide the City access to all governmental buildings which are adjacent to Franchisee's network as the City may direct at Franchisee's cost, to be reimbursed by the City. For purposes of this franchise, "adjacent to" shall mean located within a one-hundred-foot radius of Franchisee's backbone network. "Governmental buildings" shall mean buildings owned by the City for which the City submits a written request to Franchisee for connection. Franchisee will provide the one hundred (100) feet of underground lateral connection or one hundred and fifty (150) feet of aerial lateral connection, fiber optic cable, patch panel and labor to install the cable to the patch panel in up to two (2) governmental buildings at no cost to the City; any footage of lateral connection in excess of one hundred (100) feet underground and one hundred and fifty (150) feet aerial and any governmental buildings connected by Franchisee in excess oftwo (2) will be done at Franchisee's cost to be reimbursed by the City. In the event the City is unable to provide access, Franchiseer will constructentries to these buildings at its actual cost, to be borne by the City, unless the identified building is one which Franchisee also wishes to serve, in which case the costof building entrances will be borne exclusively by Franchisee. Franchisee shall advise the City in writing of the cost of such construction prior to initiation of construction. Based upon specifications provided by the Franchisee, the City reserves the right to obtain proposals to accomplish building entries from vendors other than Franchisee and other franchisees. (4) The Franchisee shall coordinate all construction routing with the City in order to accommodate the connection of additional buildings identified by the City soas toallow the City tor maximize the effectivenessoft the dark fibert for pubicuseifsuchro.ting (5) The City shall provide adequate space on all poles owned by the City on, over or within the City and shall assist the Franchisee in location of facilities on poles of (6) The Franchisee shall provide for colocation of City interface equipment in Franchisee's space in Franchisee's owned network hub locations of up to a physical size oft three (3)feet by four (4) feet and a maximum height of six (6) feet, including necessary power and climate control for the City interface equipment. Franchisee will at the City's request, interconnect the fiber provided to fiber provided to the City by another franchisee; provided, however, that suchinterconnection must! be accomplished only ata a City building engineering standpoint. Franchisee's cost, to be reimbursed by the City. isr reasonably commercially practicable to the Franchisee. third parties. 15 where Franchisee and the other franchisees have each terminated the City's fiber at a (b) The City, in its sole discretion, may require Franchisee to lease to the City fiber optic transmission equipment if Franchisee ever provides transmission equipment to any of its lessees within the City limits. Franchisee shall operate and maintain suche equipment and provide network monitoring on the City's behalf at the locations as described herein, if required by the City. Any equipment lease and maintenance costs to the City shall be based upon Franchisee's directo cost-plust ten percent (10%), orupon Franchisee's lowestrateitl leases the same equipment (c) Franchisee acknowledges, and the City affirmatively agrees that the City has the right to connecti its own equipment to the dark fibers to be provided hereunder for internal, non- commercial municipal purposes only, and to make full usea at no costo or expenset to the City oft the (d) Franchisee agrees that any routine maintenance of fiber dedicated tot the City shall be borne by Franchisee. The City shall pay only actual incremental labor costs to Franchisee to repair the City's share of dark fibers within any cable that is damaged as the result of any natural disaster. Nothing in this subsection shall supersede provisions of this franchise relating to the relocation of equipment at Franchisee's expense int the event of a City project. (e) The City recognizes that Franchisee's agreements, if any, to occupy rights-of-way or for pole attachments may be subject to the control oft third parties who may require Franchisee to relocate its cable. In the event of such required relocation by Franchisee, Franchisee shall provide notice thereof to the City as soon as reasonably possible. Franchisee shall provide replacement dark fibers tot the City in any Franchisee replacement cable as soon as reasonably patch panel as required by their respective franchises. to any similarly situated customer, whichever is less. fibers to be dedicated to the use oft the City hereunder. possible. (f) The City will provide access when available to existing conduit, entry facilities, risers, drops or other entry facilities owned or controlled by the City. 17. MISCELLANEOUS PROVISIONS. (a) Governing Law and Venue. This Franchise Agreement shall be governed. in all respects by the laws ofthe State of Alabama. All court actions shall be exclusively brought in the (b) Force Majeure. The Franchisee shall not be deemed in default with provisions of its Fanchsewherepetomanve wasrendered impossible! by war orriots, Cividisturbances, labor strikes, floods, weather events, including but in no way limited to hurricanes, tornados, microbursts, or the like, or other circumstances beyond the Franchisee's control, and the Franchise shall not be revoked or the Franchisee penalized for such noncompliance, provided that the Franchise takes immediate and diligent steps to bring itself back into compliance and to comply as soon as possible under the circumstances with its franchise without unduly endangering the health or safety of the Franchisee's employees or the integrity ofi its property, of the health or safety of the public, or the Franchisee's employees or thei integrity ofi its property, or the health or safety of the public, or the integrity or public right-of-way, public property, or private property; and only if the Franchisee has notified the City in writing of the reason for the inability state courts oft the Enterprise Division of Coffee County, Alabama. within three (3) business days of the Franchisee's discovery of the reason. 16 (c) Calculation of Time. Unless otherwise indicated, when the performance or doing of any act, duty, matter or payment is required hereunder and a period of time or duration for the fulfillment of doing thereof is prescribed and is fixed herein, the time shall be computed sO as to exclude the first and include the last day oft the prescribed or fixed period of time. For example, if on January 1, the Franchisee is directed to file action within ten (10) calendar days, the action (d) Time dfEssence.Maintenance ofRecords of Essence. In determining whether the Franchisee has substantially complied with its Franchise, the parties agree that time is of the essence to this Agreement. As a result, the Franchisee's failure to complete construction, extend service, seek approval oftransfers.provide information ina timely manner may constitute material breaches. The maintenance of records and provide information in a timely manner may constitute material breaches. The maintenance of records and provision of reports in accordance with the (e) Guarantee. The performance of the Franchisee shall be guaranteed in all respects by Franchisee. If requested, a signed guarantee, in a form acceptable to the City, shall be filed (f) Captions. The captions and headings of this Agreement are for convenience and reference purposes only and shall not affect in any way the meaning and interpretation of any (g) Counterparts. This FranchiseAgreement may be executed in several counterparts, each of which when sO executed: shall be deemed to be an original copy, and all ofwhicht together shall constitute one agreement binding on all parties hereto, notwithstanding that all Parties shall (h) Effective Date. The ordinance or resolution approving this FranchiseA Agreement and the Franchise. Agreement itself shall only become effective upon receipt by City of the fully executed Franchise Agreement by Franchisee and upon the passage of the Ordinance or Resolution adopting the approval of the Franchise. Agreement and upon publication as required Franchisees shall comply with the provisions of the Act, and shall provide proof of said compliance on or before thirty (30) days from the date of receipt of written notice from the City. must be completed no later than midnight January 11. Franchise is also of the essence of this Agreement. with the Mayor prior to the effective date hereof. provisions of this Agreement. not have signed the same counterpart. by law at Franchisee's expense. () Beason-Hammon Alabama Taxpayer and Citizen Protection Act Compliance. The [EXECUTION ON THE FOLLOWING PAGES] 17 THE CITY: CITY OF ENTERPRISE, ALABAMA By: William E. Cooper, Mayor STATE OFALABAMA COUNTY OF. I, the undersigned authority, a Notary Public in and for said County, ins said State, hereby certify that William E. Cooper whose name as Mayor of the City of Enterprise, Alabama is signed tot the foregoing franchise agreement, and who is knownto me, acknowledged before me on this day that being informed of the contents of said agreement, he, as such officer and with full authority, executed the same voluntarily for and as the act of said municipal corporation. Given under my hand and official seal this day of 2024. SEAL Notary Public My Commission Expires: [EXECUTION CONTINUED ON" THE FOLLOWING PAGE] 18 FRANCHISEE: UNITI FIBER GULFCO LLC al Delaware limited liability company By: Print: As Its: STATE OF ALABAMA COUNTY OF certify that company. I, the undersigned authority, a Notary Public in and for said County, in said State, hereby GulfCo LLC is signed to the foregoing franchise agreement, and who is known to me, acknowledged before me ont this day that being informed ofthe contents ofsaida agreement, (s)he, as such officer and with full authority, executed the same voluntarily for and as the act of said whose name as of Uniti Fiber Given under my hand and official seal this day of 2024. SEAL Notary Public My Commission Expires: 19 City of Enterprise Department of Engineering! Services & Public Works 5015 SMain Street Enterprise, Alabama 36330 Phone (334) 348-2671 Fax (334)348-2672 PRO June 12, 2024 Enterprise City Council Members City of Enterprise Enterprise, AL Council Members: The Enterprise Planning Commission held aj publicl hearing on June 11,2024, to considerand act upon the following requests: 1. A request by Beverly Hudson and Dexter Gilley, on behalf of Gertrude Saunders Family Trust, for the rezoning of 5.08 acres of land from R-2 (Medium Density Single Family Residential District) as shown on Map A, present, to R-4 (Mixed Residential District) as shown on Map B, proposed, located at 101 East Drive. The Planning Commission recommends approval of this request. 2. A request by Beverly Hudson and Dexter Gilley, on behalf of Gertrude Saunders Family Trust, for the annexation of 15.40 acres ofland from Coffee County, Alabama, as shown on Map A, present, and to set zoning at R-4 (Mixed Residential District) as shown on Map B, proposed, located at 101 East Drive. The Planning Commission does not recommend approval of this request. 3. A request by Beverly Hudson and Dexter Gilley, on behalf of Gertrude Saunders Family Trust, for the rezoning of 18.14 acres of land from R-2 (Medium Density Single Family Residential District) as shown on Map A, present, tol R-4 (Mixed Residential District) as shown on Map B, proposed, located at 101 East Drive. The Planning Commission does not recommend approval of this request. Sincerely, KLzw Thomas Hardy Assistant Director of Engineering Services ORDINANCE061B24 BEI IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENTERPRISE, ALABAMA: as Upon public notice and hearings as required by law, and following recommendation ofthe Planning Commission of the City of Enterprise, Alabama, previous Zoning Ordinance(s) and the Zoning Map of the City of Enterprise, Alabama, adopted herein and on file in the Office ofthe City Clerk and the Office ofthe City Engineering Department, City ofl Enterprise, is hereby amended and, as amended, shall reflect Aj parcel of land belonging to Gertrude Saunders Family Trust being located in the City of Enterprise, APARCEL OF LAND LYING IN ANDI BEING Al PART OF THE SE 1/4 OF THE NE: 1/4 OF SECTION 23, TOWNSHIP 41 NORTH, RANGE 22 EAST, COFFEE COUNTY ALABAMA, AND BEINGI MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT ATPOST MARKING INTERSECTION OF THE NORTHLINE OF1 THE SE 1/4 OF THE NE 1/4 OF SECTION 23, AND THE WEST RIGHT OF WAYLINE OF EAST DRIVE (40' RIGHT OF WAY); THENCE ALONG SAID WEST RIGHT OF WAY LINE S2203835"W, Al DISTANCE OF 158.38 FEETTOA CAPPED REBAR #27725; THENCE CONTINUING ALONG SAID RIGHT OF WAY LINE ALONG A CURVE CONCAVE NORTHWEST, HAVING Al RADIUS OF 110.52 FEET, A CHORD BEARING S5701432"W, A CHORD LENGTH OF 117.07 FEET TO A CAPPED! REBAR #27725; THENCE DEPARTING SAID CURVE ALONG SAID RIGHT OF WAY LINE $8802635"W, Al DISTANCE OF 822.971 FEETTO A CAPPED! REBAR #27725; THENCE S85019/03"W, Al DISTANCE OF 92.65 FEET TO A 1/2" PIPE; THENCEI DEPARTING SAID RIGHT OF WAYLINE! NO0901'45"E, Al DISTANCE OF 217.37 FEETTO. A CAPPED REBAR #27725; THENCE N85040/40"E, Al DISTANCE OF 136.19 FEETTO. A 1/2" PIPE; THENCEI N88'28'13"E, Al DISTANCE OF 408.71 FEET TOA2"PIPE; THENCE: N89954'12'E, AI DISTANCE OF 529.94 FEETTO THE POINT OF BEGINNING. SAID Said property, set outi in detail in the records oft the Planning Commission and described by Map A (R-2, Medium Density Single Family Residential District) is amended and, as amended shall be zoned and described by Map B (R-4, Mixed Residential District) which is attached hereto and is a permanent part of follows: the following: Coffee County, Alabama and being further described as follows: PARCEL CONTAINS 5.08. ACRES+)-. the Zoning Ordinance and Map. Duly Passed and Adopted this day of 2024. COUNCIL: District #5 District #1 District #2 District #3 District #4 Council President Turner Townsend Council Member Sonya W. Rich Council Member Eugene Goolsby Council Member Greg Padgett Council Member Scotty Johnson ATTEST: Beverly Sweeney City Clerk ORDINANCE 06-18-24 Transmitted toi the Mayor this Beverly Sweeney City Clerk Page 2 day of 2024. ACTION OF THE MAYOR: Approved this William E. Cooper Mayor day of 2024. ATTEST: Beverly Sweeney City Clerk City of Enterprise 501SN Main Street Enterprise, Alabama 36330 Phone (334)348-2671 Fax (334)348-2672 Department of Engineering Services & Public Works PRO REZONING APPLICATION and ACKNOWLEDGEMENT Enterprise Planning Commission, P.O. Box 311000, Enterprise, AL 36331 PLEASE PRINT OR1 TYPE THE APPLICATION. REZONING AND ANNEXATION MUST BEI FILED FOR BY1 THEI LAND OWNER(S). APPLICANT NAME: Gertrude Saunders Family Trust CONTACT PERSON: Beverly Hudson & Dexter Gilley PROPERTY OWNER: Gertrude Saunders Family Trust ACREAGE OF PROPERTY: 5.08 acres ADDRESS OR LOCATION OF PROPERTY: 101 East Drive Enterprise, AL 36330 (Ifother than Applicant) (Address must be approved by the E-911 Coordinator) R-2 R-4 PRESENT: ZONING: CONTACT INFORMATION: (ifdifferent from above) Street REQUESTED ZONING: MAILING ADDRESS: 8571 Oak Barrel Place, Unit: 2 Telephone No(s): Beverly Hudson: 334-726-2986 Rancho Cucamanga, CA 91730 City/State/ZIP Dexter Gilley: 334-360-1501 exge.gleyeyanoocon Beveyerzlegengyealyo E-Mail: requested. lacknowledge thatIhave received a copy oft the Rezoning Checklist, and understand that the applicant is responsible for having at the applicant's expense, one or more Public Notice signs on the property for which the rezoning is lacknowledge that, unless otherwise determined by the Building official, at least one Public Notice sign must be placed Iacknowledge that the Public Notice sign(s) must be posted on the property at least fifteen (15) days prior to the scheduled Planning Commission meeting and that the content and format of the sign(s) must conform to the Planning Iacknowledge that it is the policy of the Planning Commission not to consider a rezoning request unless all of the along each street which the property fronts. Commission's requirements. requirements of the Rezoning Checklist have been met. PRINTED NAME: Clarissa S Newton, Jocelyn El Millender DEADLINE FOR PUBLIC NOTICE SIGN: Stphanel. Schanel Jcayn Eline Milender Authentues Cuina Jauneu lofi Stephanie Schamel, Ivonov! McLeod, Beverly Hudson, REALTOR Below 05/21/24 OWNER SIGNATUBFN SIGNATURE: Signatures Beverly Hudson REPRESENTATIVE: (Consult Planning Department) 05/21/24 05/21/24 onur Kelu Cina Jauden lorfn Authentison Eline Milender Jrajyn 05/21/24 05/21/24 MAP A PRESENT ZONE 0 101EastDnve EASTDR - 1008 R-2 E 101EastDrive ks - 5 MAP B PROPOSED REZONE R2 X R-4 STOR - R-4 3 101EestDne R-4 2 E I SETION LANCE E. HOLLOWAY, PLS LAND SURVEYOR- #27725 360 COUNTY ROAD 523 NEWE BROCKTON, AL3 36351 (334) 806-5051 SAUNDERS ESTATE COPPINVILLE ROAD COFFEE COUNTY, AL ORDINANCE 06-18-24-A ANNEXATION ANDI ESTABLISH ZONING An ordinance relating tot the Municipality of Enterprise, Coffee and Dale Counties, Alabama, to alter, WHEREAS, the City Council receivedap petition dated May 21, 2024, which was filed with the Planning Commission and signed by the following property owners, to wit: Stephaniel L. Schamel, Ivonov McLeod, Clarissa Saunders Newton, and. Jocelyn Elaine Millender, seeking the annexation of real estate owned by them and! better described in the survey attached tot the petition, and thej petition was ordered to WHEREAS, with respect to said petition to annex, the City Council, after due consideration, makes the following determination: That the City of Enterprise has aj population in excess of2,000; that the real estate described in the said petition is contiguous to the corporate limits oft the City ofl Enterprise, Alabama; that said real estate does not lie within the corporate limits or police jurisdiction of any other municipality; that the said petition seeking the annexation oft thet territory described therein by the City of Enterprise is signed by the owners ofs said property; that ap public hearing was conducted by thel Enterprise Planning Commission on. June 11, 2024, after notice concerning thej proposed annexation andt that said Planning Commission didi issue al letter of recommendation dated June 12, 2024t that was filed witht the Council asi intended whichi includes the recommendation: that the annexation and zoning request be denied; Said recommendation oft the Planning Commission isI now duly submitted to the City Council and said property consist of 15.40: acres more orl less. The accurate description andp plat are attached to the BE ITORDAINED: BY THE CITY COUNCIL oft the City of Enterprise, Alabama as follows: SECTIONI. Thel land described hereini is annexed pursuant to Section 11-42-21, Code of Alabama, SECTION:2. The boundaries of the municipality of Enterprise, Alabama arel hereby altered, rearranged and extended to embrace and include within the corporate limits oft the City of] Enterprise, Alabama the real estate described: ins said petition dated May 21, 2024 more particularly set forthi inl Exhibit' "A" attached hereto, (land description and plot! plan oft the acreage); said annexed property is hereby zoned] R- SECTION:3. Upon the passage oft this ordinance, the City Clerki is directed to cause this ordinancei to bep published once ina a newspaper published and ofg general circulation inl Enterprise, Coffee and] Dale Counties, Alabama andi is further directed tof filea copy oft the same int the Office oft the. Judge of Probate SECTION4. This ordinance shall become effective upon passage and being advertised as provided by rearrange and extend the boundaries and corporate limits of] Enterprise; be filedi in the Minute Books oft the City Council. request; and now, therefore; 1975. 4( (Mixed Residential District). and Revenue Commissioner in Coffee County, Alabama. law. Adopted this day of_ 2024. COUNCIL: Council President Turner Townsend District #5 Council Member Sonya W. Rich District #1 Council Member Eugene Goolsby District #2 Council Member Greg Padgett District #3 Council Member Scotty Johnson District #4 ATTEST: Beverly Sweeney City Clerk ORDINANCE061B2+A Transmitted tot the Mayor this Beverly Sweeney City Clerk Page 2 day of 2024. ACTION OF THE MAYOR: Approved this William E. Cooper Mayor day of 2024. ATTEST: Beverly Sweeney City Clerk LANDI FOR. ANNEXATION BY THE CITY OF ENTERPRISE OWNED BY GERTRUDE! SAUNDERS FAMILYTRUST Al PARCEL OF LAND: LYING IN ANDI BEING. AI PARTO OF SECTIONS 23 AND: 24,7 TOWNSHIP4 NORTH, RANGE: 221 EAST, COFFEE COUNTY ALABAMA, ANDI BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A 1/2" PIPE MARKING' THE SE CORNER OFTHE SE 1/4 OF THE1 NEI 1/4 OF SECTION: 23; THENCEI NO0P00'00"E, Al DISTANCE OF 72.001 FEETTOA CAPPED! REBAR #27725; THENCEI NO0°0000"E, AI DISTANCE OF 1068.741 FEET; THENCE S63°3830"E, Al DISTANCE OF 1026.1 131 FEETTO. A CAPPED REBAR #27725, AND THE NORTH RIGHT OF WAYLINE OF THE WIREGRASS CENTRALI RAILWAY (100' RIGHT OF WAY); THENCE. ALONG SAID RAILWAY: RIGHT OF WAY $26°12'51"W, Al DISTANCE OF 118.1 141 FEET TO4 A CAPPED! REBAR #27725; THENCE CONTINUING ALONG SAIDI RAILWAY: RIGHT OF WAYI LINE, ALONG. A CURVE CONCAVE: NORTHWEST, HAVING Al RADIUS OF 1393.21 FEET, A CHORDI BEARING! $42°5659"W, A CHORDI LENGTH OF 784.291 FEETTO A CAPPED REBAR #27725; THENCEI DEPARTING SAIDI RIGHT OF WAYLINE $89°13'48"W, A DISTANCE OF 332.61 FEETTOTHE POINT OFI BEGINNING. SAID PARCEL CONTAINS 15.044 ACRES+!-. City of Enterprise 501 SMain Street Enterprise, Alabama 36330 Phone (334)348-2671 Fax (334)348-2672 Department of Engineering Services & Public Works REZONING APPLICATION and ACKNOWLEDGEMENT Enterprise Planning Commission, P.O. Box 311000, Enterprise, AL: 36331 PLEASEE PRINT OR1 TYPE1 THE APPLICATION. REZONING. AND ANNEXATIONI MUSTE BE FILEDI FORI BYT THEI LAND OWNER(S). APPLICANT NAME: Gertrude Saunders Family Trust CONTACT! PERSON: Beverly Hudson & Dexter Gilley PROPERTYOWNER: Gertrude Saunders Family Trust ACREAGE OF PROPERTY: ADDRESS OR LOCATION OF PROPERTY: 101 East Drive Enterprsie, AL 36330 15.40 acres (Ifother than Applicant) (Address must bea approved by the E-911 Coordinator) PRESENT. ZONING: N/A Annexation CONTACT INFORMATION: (ifd different from: above) Street REQUESTED ZONING:, R-4 MAILING ADDRESS: 8571 Oak Barrel Place, Unit 2 Telephone No(s):. Beverly Hudson: 334-726-2986 E-Mail: Bewmygaimgnormalye Enterprise, AL 36330 City/State/ZIP Dexter Gilley: 334-360-1501 exet_gle/@yahoo.com lacknowledge that have received a copy of thel Rezoning Checklist, and Lunderstand that the applicant is responsible for having at the applicant's expense, one or more Public Notice signs on the property for which the rezoning is lacknowledge that, unless otherwise determined by thel Building official, at least one Public Notice sign must be placed lacknowledge that the Public Notice sign(s) must be posted on the property at least fifteen (15) days prior to the scheduled Planning Commission meeting and that the content and format oft the sign(s) must conform to the Planning Iacknowledge that it is the policy of the Planning Commission not to consider a rezoning request unless all of the requested. along each street which the property fronts. Commission's requirements. requirements of the! Rezoning Checklist have been met. PRINTED NAME: Clarissa S Newton, Jocelyn E Millender DEADLINE FOR PUBLIC NOTICE: SIGN: Stphaniel L Schanel jaelne Eline Milender (ui lunun lat -- 5t e Stephanie Schamel, Ivonov McLeod, Beverly Hudson, REALTOR Below OWNER SIGNATUREN Signatures 05/21/24 05/21/24 05/21/24 REPRESENTATIVE: Hudson SIGNATURE: Beverly (Consult Planning Department) 05/21/24 05/21/24 Joer Kdud Clatina Jaunen Kofi Authe nti. 3 Juajn Eline Mllender p 20-111 MAP A PRESENT ZONE 0 101EastDrve EASTDR R-2 1008 101EastDrve Els - N - m MAP B PROPOSED REZONE R2 101EnstDnve N R-4 DR - - R-4 a 101EastDnve R-4 I SEC LANCE E. HOLLOWAY, PLS LAND SURVEYOR- #27725 360 COUNTY ROAD 523 NEW BROCKTON, AL3 36351 (334) 806-5051 SAUNDERS ESTATE COPPINVILLE ROAD COFFEE COUNTY, AL ORDINANCE 06-18-24-B BEI ITC ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENTERPRISE, ALABAMA as Upon public notice and hearings as required by law, and following recommendation oft the Planning Commission ofthe City of Enterprise, Alabama, previous Zoning Ordinance(s) and the Zoning Map of the City of Enterprise, Alabama, adopted herein and on file in the Office ofthe City Clerk and the Office ofthe City Engineering Department, City of Enterprise, is hereby amended and, as amended, shall reflect A! parcel of land belonging to Gertrude Saunders Family Trust being located ini the City of Enterprise, Al PARCEL OF LAND LYING IN ANDI BEING Al PART OF SECTIONS 23. AND24, TOWNSHIP 4 NORTH, RANGE: 22 EAST, COFFEE COUNTY ALABAMA, AND: BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING. AT A 1/2" PIPEI MARKING' THE SE CORNER OF THE SE 1/4 OF THE NE 1/4 OF SECTION 23; THENCEI NO0°00'00"E, AI DISTANCE OF 72.001 FEET TO A CAPPEDI REBAR #27725 AND' THE POINT OF BEGINNING; THENCE: N90°00'00'W, A DISTANCE OF 316.33 FEET1 TO A CAPPED REBAR #27725, AND THE EAST RIGHT OF WAY LINE OF OWENS ROAD (RIGHT OF WAY VARIES); THENCE ALONG SAIDI RIGHT OF WAY LINEI N4603707"W,. Al DISTANCE OF 687.831 FEETTO. ACAPPEDI REBAR #27725, AND THE EASTERLY RIGHT OF WAYLINE OF COPPINVILLE ROAD (80' RIGHT OF WAY); THENCE ALONG SAID EASTERLY RIGHT OF WAY LINE OF COPPINVILLE ROAD ALONG A CURVE CONCAVE SOUTHWEST, HAVING A RADIUS OF 1288.76 FEET, A CHORD BEARING N34°5544"W, A CHORD LENGTH OF 608.071 FEET TO. A CAPPEDI REBAR #27725, AND THE SOUTHI RIGHT OF WAYLINE OF EAST DRIVE (40' RIGHT OF WAY); THENCE ALONG SAID RIGHT OF WAY LINE N8504621"E, Al DISTANCE OF 51.461 FEET TO A CAPPED REBAR #27725; THENCEI N8892642"E, A DISTANCE OF 821.571 FEETTO A CAPPED! REBAR #27725; THENCE ALONG A CURVE CONÇAVEI NORTHWEST, HAVING Al RADIUS OF 150.391 FEET, A CHORD BEARING N5604641"E, A CHORD LENGTH OF 160.501 FEET TO. AC CAPPED REBAR #27725; THENCE N22°55/26'E, Al DISTANCE OF 58.191 FEETTO A CAPPED REBAR #27725; THENCE DEPARTING SAID RIGHT OF WAYI LINE S6393830"E, A DISTANCE OF 146.941 FEET; THENCE S00°0000"W, Al DISTANCE OF 1068.74 FEETTO THE POINT OF BEGINNING. SAID PARCEL Said property, set out in detaili in the records ofthel Planning Commission and described by Map A (R-2, Medium Density Singlel Family Residential! District) is amended and, as amended shall be: zoned and described by Map B (R-4, Mixed Residential District) whichi is attached hereto and is a permanent part of follows: the following: Coffee County, Alabama and being further described as follows: CONTAINS 18.14 ACRES+-. the Zoning Ordinance and Map. Duly Passed and Adopted this day of 2024. COUNCIL: District #5 District #1 Council Member Eugene Goolsby District #2 Council Member Greg Padgett District #3 District #4 Council President Turner Townsend Council Member Sonya W. Rich ATTEST: Council Member Scotty Johnson Beverly Sweeney City Clerk ORDNANCE061B24B Transmitted tot the Mayor this Beverly Sweeney City Clerk Page 2 day of_ 2024. ACTION OF THEI MAYOR: Approved this William E. Cooper Mayor day of 2024. ATTEST: Beverly Sweeney City Clerk City of Enterprise 501SMain Street Enterprise, Alabama 36330 Phone (334)348-2671 Fax( (334)348-2672 Department of Engineering Services & PublicV Works OF PROS REZONING APPLICATION and ACKNOWLEDGEMENT Enterprise Planning Commission, P.O. Box 311000, Enterprise, AL: 36331 PLEASE PRINT OR7 TYPETHE APPLICATION. REZONING. AND ANNEXATION! MUSTE BEF FILED FOR BYTHE LAND OWNER(S). APPLICANT: NAME: Gertrude Saunders Family Trust CONTACT PERSON: Beverly Hudson & Dexter Gilley PROPERTY OWNER:Gertrude Saunders Family Trust ACREAGE OF PROPERTY: 18.4 acres ADDRESS ORI LOCATION OF PROPERTY: 101 East Drive Enterprise, AL: 36330 (Ifothert than Applicant) (Address must be approved! byt the! E-911 Coordinator) PRESENT ZONING: R-2 CONTACT INFORMATION: (Ifdifferent from: above) Street REQUESTED ZONING: R-4 MAILING ADDRESS: 8571 Oak Barrel Place, Unit 2 Telephone No(s): Beverly Hudson: 334-726-2986 Rancho Cucamanga, CA 91730 City/State/ZIP Dexter Gilley: 334-360-1501 exter_gleyeyahoo.com E-Mail:, requested. ovcyeiegeoreayco lacknowledge thatI Thave received a copy ofthe! Rezoning Checklist, and understand that the applicant is responsible for having at the applicant's expense, one or more Public Notice signs on the property for which the rezoning is lacknowledge that, unless otherwise determined by the Building official, atl least one Public Notice: sign must be placed lacknowledge that the Public Notice sign(s) must be posted on the property at least fifteen (15) days prior to the scheduled! Planning Commission meeting and that the content and format oft the sign(s) must conform to the Planning Iacknowledge that it is the policy of the Planning Commission not to consider a rezoning request unless all of the alonge each street which the property fronts. Commission's requirements. requirements of the! Rezoning Checklist have! been met. PRINTEDI NAME: Clarissa S Newton, Jocelyn El Millender REPRESENTATIVE, Beverly Hudson, REALTOR DEADLINE FOR PUBLIC NOTICE: SIGN: Sepanel.s Schanel) Jaejn Elaine Milender Authentison CALna Jauua labl Stephanie Schamel, Ivonov McLeod. OWNER SIGNATUREN SIGNATURE: Beverly Hudson Signatures Below 05/21/24 (Consuit Planning Department) 05/21/24 05/21/24 Jaur Helud Cuiina Jaunca lofi Authenthnn Jaralyn Eline Milender 05/21/24 05/21/24 MAP A PRESENT ZONE 101 East Dnve EASTDR R-2 101E EastDrive - E 1008 MAP B PROPOSED REZONE R2 - R-4 * * DR R-4 101EastDne & 1008 a P7 E U * R-4 X 2 - LANCE E. HOLLOWAY, PLS LAND SURVEYOR-: #27725 360 COUNTY ROAD 523 NEW BROCKTON, AL3 36351 (334) 806-5051 SAUNDERS ESTATE COPPINVILLE ROAD COFFEE COUNTY, AL RESOLUTION 06-18-24 AI RESOLUTION. AMENDING THE EMPLOYEE CLASSIFIÇATION: PLANISALARY SCHEDULE BYI ELIMINATINGA JOB' TITLE AND DUTIES; CREATING NEW JOB TITLE ANDI DUTIES Whereas, the City of Enterprise Employee Classification Plans/Salary Schedules were established by the City Council oft the City of Enterprise, Alabama, under the authority of Ordinance 10-16-01, and; Whereas, the City Council desires to eliminate an established job classification and description and to create and establish ai new. job classification and description tol bei included in the said schedule under NOW,THEREFORE, BEI ITI RESOLVED BY7 THE CITY COUNCIL OF THE CITYOF Section 1: Ordinance 10-16-01, which establishes the Personnel Policies, Rules, and Regulations handbook and also sets out the Classification Plan/Salary Schedule for city employees, is hereby amended toe eliminate the position ofGym Supervisor, Pay Grade 9, and toj provide for the addition of Athletic Supervisor, Pay Grade 17, which will be set out in the new amended Classification Plan/Salary Schedule Section 2: All such Classification Plans/Salary Schedules established and adopted by this resolution shall be maintained, with any and all amendments thereto, as a matter of record in the Office ofHuman Section3 3: Thel Mayor is hereby authorized, empowered and directed to make such classification and Section 4: The provisions, sections, paragraphs, and sentençes oft this resolution are declared severable. Should any of these be declared invalid by. judgment or decree ofa court of competent jurisdiction, such judgment or decree shall not affect any other section, provision, paragraph or sentence ofthe remainder of Section 5: This resolution will become effective upon adoption and advertisement as required by law. existing Pay Grade 17. ENTERPRISE, ALABAMA, as follows: and is hereby adopted by reference. (Attachment A) Resources at City Hall. salary changes affected by the enactment oft this resolution. this resolution. Duly Passed and Adopted this day of 2024. COUNCIL: District #5 District #1 District #2 District #3 District #4 Council President Turner Townsend Council Member Sonya W. Rich Council Member Eugene Goolsby Council Member Greg Padgett Council Member Scotty Johnson ATTEST: Beverly Sweeney City Clerk RESOLUTION 06-18-24 Transmitted tot the Mayor this Beverly Sweeney City Clerk Page 2 day of_ 2024. ACTION OF THE MAYOR: Approved this_ William] E. Cooper Mayor dayo of_ 2024. ATTEST: Beverly Sweeney City Clerk PRO Athletic Supervisor Parks and Recreation JOB SUMMARY The Athletic Supervisor is a full-time position responsible for the planning, promotion, organization, evaluation, and management of city athletic programs, leagues, and assigned special events. Work is performed under general supervision of the Superintendent. Work involves a high degree of public contact. MAJOR DUTIES Manage, maintain, and promote city-wide athletic programs, including but not limited toyouth instructional sports, youth/adult leagues, contractual sports programs, and special events. Prepare material for assigned program areas including the seasonal brochure, rental forms, registration Communicate with the Superintendent on issues that are related to athletic programming, customer service, marketing, budgets, hiring and supervising full time, part-time and seasonal staff. Develop and implement quality athletic programs for all ages. Manage contractual and instructional sports programs. Recruit and train athletic volunteers and coaches. forms, and facility schedules. Responsible for the development of sports staff and volunteer manuals. Responsible for the development of sports participant manuals. Continually identify nationwide and local trends. Develop and implement similar programs and Work closely with local organizations and schools to strengthen and maintain a positive cooperative Continually evaluate programs and facilities to ensure the needs of the public and the goals of EPRD. Actively support the safety program and related programs including following/enforing safety rules, reporting accidents and injuries, and developing ideas for the prevention of future incidents. Develop and nurture a working relationship with volunteer athletic associations, affiliates. opportunities for residents and participants. working relationship. Practice exceptional public relations that promote a positive image of EPRD. Develop and coordinate assigned special events. KNOWLEDGE REQUIRED BY THE POSITION Ability to work with the public in an effective and professional manner. Knowledge of managing all safety aspects of athletic programs. Experience in athletic program management. Experience in athletic league and tournament management. Ability to provide high-quality customer service, problem solve and make sound decisions Excellent organizational and time management skills with attention to detail. based on gathered data. Ability to work effectively with volunteers, full-time, part-time, seasonal, and administrative staffto Athletics Supervisor, Parks and Recreation Page 2 reach the goals of the department. Ability to effectively communicate both orally and in writing and identify and implement current Proficient in Outlook, Word, Excel, and PowerPoint. RecDesk experience is a plus. Ability to follow directions, communicate verbally and in writing, and comprehend printed Ability to recruit, hire, train, and supervise full time, part-time and seasonal staff (and volunteers) to Provide efficient and timely responses to requests from other departments and the public. industry trends. materials. result in quality programs and customer service. Ability to work under the stress of multiple deadlines. SUPERVISORY CONTROLS The Parks and Recreation Superintendent assigns work in terms of general instructions. The Superintendent spot-checks completed work ford compliance with procedures and the nature and propriety oft the final results. GUIDELINES Guidelines include city and department policies and procedures. These guidelines require judgment, selection, and interpretation in application. COMPLEXITY/SCOPE OF WORK The purpose of this position is to direct parks and recreation athletic programs, athletic events, and athletic facilities. Successful performance ensures the efficient and effective delivery of leisure services tocity residents and visitors. CONTACTS Contacts are typically with coworkers, other city staff, program participants, local business leaders, Contacts are typically to give or exchange information, resolve problems, provide services and contractors, vendors, parents, and members of the general public. training, facilitate activities, and motivate persons. PHYSICAL DEMANDS/WORK ENVIRONMENT The work is typically performed while sitting at a desk or table or while intermittently sitting, standing, stooping, or walking. The employee occasionally lifts light and heavy objects (25 - 50lbs). The work is typically performed in an office or recreational facilities SUPERVISORY AND MANAGEMENT RESPONSIBILITY This position supervises assigned personnel. MINIMUMQUALIFICATIONS Athletic Supervisor, Parks and Recreation Page 3 Possession ofal high school diploma or equivalent supplemented by college level course work in recreation, physical education, ora closely related field, and one year of recreation experience in Completion of specialized courses in organization and administration of recreation and managing planning, organizing and conducting athletic activities preferred. recreational facilities. Ability to work nonstandard hours, weekends and overtime. Ability to attend seminars, conferences, and workshops. Must meet the City of Enterprise physical standards which include drug and alcohol testing. Experience sufficient tot thoroughly understand the work ofsubordinate positions to be able to answer questions and resolve problems, usually associated with one to three years' experience or service, Possession ofc or ability toi readily obtain a valid driver's license issued by the State of Alabama fort the preferred. type of vehicle or equipment operated. RESOLUTION06-18-24-A PUBLICBUILDING. AUTHORITY WITHPUBLICBUILDING. AUTHORITY AMENDING RESOLUTION 07-4523TOAPPROVE GRANTING OFADDITIONALFUNDSTO WHEREAS, the City Council has become aware that substantial renovations and repairs are needed to be WHEREAS, the Public Building Authority of the City of Enterprise has agreed to contract with one or more contractors for said renovations and repairs to be performed but with no funds ofi its own, requiresa grant increase ofs $400,000.001 from $7,800,000.00 to $8,200,000.001 to cause the work to be completed; WHEREAS, the City Council finds this increase to be necessary in order toi incorporate change orders in the renovations and repairs relatedt tot the mandatory E911 additions and logistical additions to the project WHEREAS, the City Council finds iti in the public interest and welfare to assist in causing the aforesaid ANDTOAPPROVEANDAUTHORIZEANAMENDEDAGREEMENT performed in, at and on City Hall: toi include temporary restroom facilities and a mobile office trailer; repairs and renovations to be performed: Now, therefore, let it be resolved as follows: The City Council approves a modification of Resolution 07-03-23 to allow for ani increase oft the previous grant amount of up to $7,800,000.001 toa an amended grant amount ofas sum upt to $8,200,000.001 tot thel Publicl Building Authority ofthe City of] Enterprise to cause repairs and renovations tol be performed according tot the plans and specifications procured by City Engineer 2. The City Council authorizes the Mayor to execute the attached amended agreement with the Public Building Authority of the City ofl Enterprise and thet terms of said agreement are approved by the Council. At this time, the Lease Agreement between the Public Building Authority ofthe City ofl Enterprise and the City of Enterprise, Alabama does not need to be modified. Barry Mott; and 3. This Resolution shall become effective upon passage. Duly Passed and. Adopted this day of 2024. COUNCIL: District #5 Council President Turner Townsend Council Member Sonya W. Rich District #1 District #2 District #3 Council Member Eugene Goolsby Council Member Greg Padgett Council Member Scotty. Johnson District #4 ATTEST: Beverly Sweeney City Clerk AMENDED AGREEMENT BETWEEN THE PUBLIC BUILDING AUTHORITYOF THE CITY OF ENTERPRISE AND THE CITY OF ENTERPRISE This Amended Agreement entered into this the day of June, 2024, between The Public Building Authority of the City of Enterprise ("Authority") and the City of Enterprise, Alabama ("City") related to the building and improvements located at 501 S. Main Street, Enterprise, Alabama, and said building and improvements collectively referred to herein as "City Hall." This Agreement amends the previous agreement dated the 6th day of] July, 2023. WHEREAS, the Authority holds title to City Hall and City Hall requires extensive WHEREAS, the Authority is willing to contract with one or more contractors to perform said renovations in exchange for a lease agreement and a grant of funds to cover the cost of said renovations and related work and services (all collectively referred to herein as the "renovation renovations; work"); WHEREAS, the Authority has previously entered into a lease agreement with the City and the City is willing to make a modification to the previous grant of funds to the Authority for the renovation work; WHEREAS, an additional sum ofup to $400,000.00 is needed as a result of change orders related to mandatory E911 additions and logistical additions to the project, including temporary restroom facilities and a mobile office trailer; NOW, THEREFORE, the Authority and the City agree, for mutual consideration each to 1. The City shall modify its previous grant to the Authority to increase the amount from at total sum up to $7,800,000.00 to a total sum up to $8,200,000.00 for the renovation work related to City Hall. Said grant of funds shall be provided according to a draw schedule agreed upon by and between the Mayor of the City and the Chairman oft the 2. The previous lease agreement dated July 6, 2023 shall stand and not be amended at this time. The terms and conditions of both the previous agreement and lease agreement 3. This Agreement is only intended to inure to the benefit of and bind the City and Authority and no other person or entity is intended to be a third party beneficiary as to the other, as follows: Authority. shall be incorporated into this agreement. its terms. 4. This Agreement shall be deemed effective on the date stated above. [signature page follows] The Public Building Authority ofthe City ofEnterprise City ofEnterprise By: By: Robbin Thompson, its Chairman William E. Cooper, Mayor RESOLUTIONGIBZ4B THE CITY OF ENTERPRISE APPROVING GRANTING OFI FUNDS' TO1 THEI INDUSTRIALDEVELOPMENT BOARDOF WHEREAS, in order to continue top pursue economic development opportunities for the City in furtherance andf for the benefit oft the general welfare ofthe public, the Council finds iti in the besti interest ofthe City top provide finançial assistance: in order for thel Industrial Development Board ofthe City of Enterprise top pursue: a grant from the Alabama Site Evaluation and Economic Development Strategy WHEREAS, the City of Enterprise previously committed to assist in the providing off funds towards the necessary match required oft the SEEDS development and acquisition grant for the land known ort tob be known ast thel Enterprise Commerce Park through Resolution 12-13-23; WHEREAS, ini furtherance andi for thel benefit ofs said economic development opportunities, the City ofl Enterprise findsi itap proper public purpose toj provide funds to cover the required match of fifty cents per dollar granted, for a sum up to $3,000,000.00: associated with said SEEDS Grant for the ("SEEDS") program related tot the purchase of real property; purchase ofs said real property; Now, therefore, leti it ber resolved as follows: Section 1:I Ini furtherance of the SEEDS grant application made byt the Industrial Development Board oft the City of Enterprise, the purpose oft this Resolution ist to assisti inj providing funds towards the necessary match required ofthe SEEDS development and acquisition grant related tot the purchase by said Industrial Board ofa approximately 296 acres ofl landl known or tol bel known as the Enterprise Commerce Park or such other name as may bes similar toi identify the area asa ani industrialbusiness type park (detailed description and mapsy providedi in SEEDS Grant Application) with at total acquisition price of approximately $8,750,000.00, and said match amount tol bea a sum up to $3,000,000.00. Development Board ofthe City ofl Enterprise for the aforementioned purpose. Section 3. This Resolution shall become effective upon passage. Section 2:1 The City Council approves the grant of up to $3,000,000.00 to the Industrial Duly Passed and Adopted this day of_ 2024. COUNCIL: District #5 District #1 Council President' Turner' Townsend Council Member Sonya W. Rich Council Member Eugene Goolsby District #2 Council Member Greg Padgett District #3 District #4 Council Member Scotty Johnson ATTEST: Beverly Sweeney City Clerk RESOLUTION 6-18-24-C FY2024BUDGETAMENDMENT WHEREAS, based on additional information related to budgetary revenues and expenditures and the priorities oft the Council related to utilizing technology toi improve the efficiency oft the City, itis THEREFORE, BE ITRESOLVED BYTHE CITY COUNCIL OF THECITYOF necessary to amend the City'sF FY 2024 budget; ENTERPRISE, ALABAMAas follows: Section 1. approved: Amended Revenues Sales Tax The following amendments to the FY2024 City budget are adopted and $100,000.00 $100,000.00. $550,000.00 $650,000.00 Total AmemédAdiomlPpas Revenues: Amended Operating Expenditures: Administration Contract Services: Total AmemédAdimomlPpas Expenditures: Section 2. This Resolution shall become effective upon passage andi its terms are subject to further amendment as determined by the Council when circumstances warrant. Duly Passed and Adopted this day of 2024. COUNCIL: District #5 District #1 District #2 Council President Turner Townsend Council Member Sonya W. Rich Council Member Eugene Goolsby Council Member Greg Padgett District #3 District #4 Council Member Scotty Johnson ATTEST: Beverly Sweeney City Clerk DocuSign Envelope ID: E36B4126-53C9-480D-9181-DFDE7BC87AC5 TRADEMARKSUBLICENSE AGREEMENT ("Coordinating Program") and This Trademark Sublicense Agreement ("Sublicense Agreement") is entered into between ("Sublicensee"), effective as of the last date written below. For good and valuable consideration, the receipt and sufficiency of which are acknowledged, the parties agree as follows: 1. Background. A. The National Main Street Center, Inc. ("NMSC") operates a membership program called MAIN STREET AMERICATM. As a part of that program, MAIN STREET AMERICATM Coordinating Program membership is available to statewide, regional or citywide organizations that oversee multiple local downtown and neighborhood programs within their service area and work to preserve and revitalize commercial districts ("Local Programs"). Local Program membership in the MAIN STREET AMERICATM program is available at the Affiliate or Accredited levels to individual programs or organizations that satisfythe membership eligibilitycriteria described ont the NMSC website (currently located at: htps/higherogicdownoudamemaseMANECOMAMSCA9AOOSat6o- B574AUnadainagelanaain.sret America Tier System Overview- 2019 Update.pdf). B. Organization is a Coordinating Program member of NMSC: in good standing and has entered into a Trademark License Agreement with the NMSC which grants to the Coordinating Program the right to sublicense toi its Local Programs the use of the NMSC name and trademarks described below. C.Sublicensee: is aLocal Program Member in good standing oft the MAIN STREET AMERICATM program at the Accredited level. Sublicensee is also located within the Coordinating Program's geographic service area. Therefore, Sublicensee has the opportunity to enter into this Sublicense Agreement, which grants certain rights to use the NMSC's name and trademarks, including MAIN D. The NMSC's parent entity, the National Trust for Historic Preservation ("National Trust"), owns the following registered trademarks, which it has delegated to the NMSC the right to sublicense. NMSC and Coordinating Program have entered into a Trademark Licensing Agreement which grants the Coordinating Program the right to sublicense the following registered trademarks: STREET AMERICATN and MAIN STREET8, as described below. Mark MAIN STREET U.S. Registration Number Reg. No.; 3,365,568 Reg. No. 5.370,135 NATIONAL MAIN STREET CENTER These registered trademarks owned by the National Trust, together with the MAIN STREET AMERICATM. word marks and logos referred tol below, and any othertrademarks owned by the National Trust, or thel NMSC, which the NMSCmay grant the Coordinating Program and Sublicensee permission E. The Trademarks are well known and recognized by the general public and associated in the public mind with the NMSC and the National Trust. The Coordinating Program and the Sublicensee recognize the mutual benefits that accrue from the Sublicensee's use oft the Trademarks in accordance with the terms and conditions of this Sublicense Agreement, including the recognition and credibility brought to the Sublicensee through its use of these Trademarks and the benefit to the Coordinating to use from time to time, are referred tol herein as the Trademarks." Program and NMSCfrom association with high-performing Local Programs. DocuSign Envelope ID: E36B4126-53C9-480D-9181-DFDE7BC87AC5 National Main Street Center Local Program Accredited Member Sublicensing Agreement 2. Grant ofs Sub-License. A. Subject to thet terms and conditions oft this Sublicense. Agreement, the Coordinating Program hereby grants to the Sublicensee the non-exclusive right and license to use the Trademarks toi identify and promote its participation in the MAIN STREET AMERICATM program, as well as its relationship and association with the Coordinating Program and NMSC, in connection with the following activities: i. MAIN STREET AMERICATA word and logo marks. The Sublicensee's right to use the MAIN STREET. AMERICATM, word mark and the following MAIN STREET AMERICA logoi is limited to Sublicensees which are members in good standing at the Accredited membership Forusel by Local Programs who are Designated Members at the. Accredited Level: level oft the MAIN STREET AMERICATN program: MAIN STREET AMERICA cAcchedited As a Main Street AmericaTM Accredited program, INSERT NAME HERE is a recognized leading program among the national network of more than 1,200 neighborhoods and communities who share both a commitment to creating high-quality places and to building stronger communities through preservation-based economic development. All Main Street AmericaTM Accredited programs meet a set of National Accreditation Standards of ii. NATIONAL MAIN STREET CENTERO word mark. The Sublicensee's: right to use the NATIONAL MAIN STREET CENTERB word mark solely and exclusively to indicate its iii. MAIN STREETS word mark. The Sublicensee's right to use the MAIN STREET trademark is limited to use made to identify Sublicensee and/or its activities, including as part of the name of the Sublicensee at the. Accredited level, in connection with commercial Performance as outlined by the National Main Street Center. association with the National Main Street Center. district revitalization and related consultation, education, and training. 3. Scope of and Limitations on Use. Use oft the Trademarks by the Sublicensee will bes subject to A. Sublicensee must display the. Accredited level MAIN STREET. AMERICARemVeNPaN on their website. All uses of the MAIN STREET AMERICA word mark and logo by Sublicensee must followt thes specificmark, color, and character usage set forthi in the Brand Guidelines attached asl Exhibit A, which are incorporated by reference as if fully set forth herein. Sublicensee will not use or develop any different logos or designs (including any symbols or stylized presentations), in connection witht the MAIN: STREET AMERICA mark orl logo. Use oft the MAIN STREET. AMERICA word mark and logo by Sublicensee is a mandatory condition ofr membership int the MAIN STREET. AMERICA program. B. The MAIN STREET mark, as part oft the name and identity of Sublicensee's organization, programs, and activities, can be used on materials designed to promote the work of Sublicensee (e.g., the following limitations: 2 DocuSign Envelope ID: E36B4126-53C9-480D-9181-DFDE7BC87AC5 National Main Street Center Local Program Accredited Member Sublicensing Agreement website, brochures, newsletter, letterhead or other printed promotional materials). Thei right to use the MAIN STREET mark by the Sublicensee is an optional benefit of membership in the MAIN STREET C. All uses oft thel NATIONALMAIN STREET CENTER word mark by Sublicensee must follow the requirements set forth in the Brand Guidelines attached as Exhibit A, which are incorporated by reference as ifi fully set forth herein. Sublicensee will not use or develop any different logos or designs (including any symbols or stylized presentations) in connection with the NATIONAL MAIN STREET CENTER mark. Use of the NATIONAL MAIN STREET CENTER mark by Sublicensee is an optional AMERICA program. benefit of membership in the MAIN STREET. AMERICA program. D. This Sublicense Agreement is subject to the terms, conditions, and limitations of the E. Sublicensee will not apply to register any of the Trademarks, or any other trademark that incorporates any part of the Trademarks or "National Trust for Historic Preseration-Sabicense will F. Sublicensee will not use the Trademarks in combination with ori in juxtaposition with other trademarks except as may be approved in writing by thel NMSC. The Sublicensee will apply and display the @ symbol and the TM symbol next to or with respect to the Trademarks as directed by the Trademark License. Agreement between NMSCandi the Coordinating Program. not state or imply that it owns any such trademarks. Coordinating Program. G. Other than as specifically provided herein, Sublicensee is not granted any other rights to 4. Term. This Sublicense Agreement willl become effectivei immediately upon the date ofl last signature below, and, unless terminated early under Sections 5 or 10, will be effective through May 31, 2025, at 5. Conditions. This Sublicense Agreement between Coordinating Program and Sublicensee is conditioned upon Sublicensee having an active MAIN STREET AMERICA membership at the Accredited level with NMSC. The requirements of this membership are currently available at: htpsl/higherlbsiddownsamuomuseSIANICApOOSs080055-2305443bat6oe 81b53974430d/Uploadedlmages/loin/Main Street America Tier System Overview use, license or sublicense the Trademarks. which time it may be renewed by mutual written agreement oft the parties hereto. 2019 Update.pdf, and arei incorporated herein by reference. 6. Acknowledgment of Ownership. Use of the Trademarks indicates acknowledgment by the Sublicensee of the NMSC's and the National Trust's rights and title to the Trademarks, (i.e. MAIN STREET AMERICA, NATIONAL MAIN STREET CENTER, and MAIN STREET), and that Sublicensee will not at any time do, or permit to be done, any act or thing that will in any way impair the rights of the NMSC ort thel National Trust. All use ofthe' Trademarks by the Sublicensee will inure tot thel benefit 7. Goodwill and promotional value. Sublicensee recognizes and acknowledges the value of goodwill associated with the Trademarks and agrees that it will not conduct any activity, provide any service, or produce or distribute goods which in any way damages or reflects adversely upon thel NMSC 8. Non-assignment. This Sublicense Agreement is personal to the Sublicensee, and may not be assigned to any other individual, program, organization, or agency. Any attempted assignment will be oft thel NMSC and the National Trust. or thel National Trust. null and void. 3 DocuSign Envelope ID: 36B4126-53C9-80D-9181-DFDE7BC87AC5 National Main Street Center Local Program. Accredited Member Sublicensing. Agreement 9. Compliance Verification. Itist the responsibilityofthe: Sublicensee to verify compliance with the terms of this Sublicense Agreement, and to provide complete and accurate usage reports to the Coordinating Program. If the Coordinating Program or the NMSC has reason to believe that the Sublicensee: isi in violation ofthis Sublicense Agreement, the Coordinating Program or NMSCs shalll have the right to make inquiries with Sublicensee as necessary to determine compliance. In such case, the Sublicensee will cooperate with the Coordinating Program and/or NMSC in its investigation and providei in ai timely fashion any and alli information thati is requested. 10.Termination. A. Coordinating Program may terminate this Sublicense Agreement if the Sublicensee violates any of the provisions oft this Sublicense Agreement or fails to satisfy the membership criteria established by the NMSC for Accredited Local Programs. Such termination will be effective thirty (30) calendar days after the Coordinating Program sends written notice of such termination to Sublicensee. During this thirty(30) day period, Sublicensee may attempt to cure such violation. Ift the violation is not cured during this period, the termination willl be effective B. This Sublicense Agreement will automatically terminate immediately without any notice required, notwithstanding the above paragraph, if the Coordinating Program or NMSC determines, in their sole discretion: (i) that Sublicensee's actions could negatively affect the goodwill, image, or reputation of the NMSC, the National Trust, the Coordinating Program, or any of the Trademarks; (ii) the Sublicensee discontinues all or a significant portion of its business; (iii)thel NationalTrust: terminates, revokes, ori failstorenewt the! NMSC'si rights to use, license, or sublicense the Trademarks; or (iv) the NMSC terminates, revokes or fails to renew the Coordinating Program's rights to use, license or sublicense the' Trademarks. C. Upon the expiration or early termination oft this Sublicense. Agreement, the Sublicensee will discontinue use oft the' Trademarks and willj promptly destroy and delete tangible and electronic documents and files containing any such marks, except for al limited number of copies retained 11. Governing! Law. This Sublicense. Agreementi is entered intoi in thel District of Columbia and willl be governedi bya and construed in accordance with thel laws oft the District ofColumbia, USA, without giving 12. Annual Report, Notices, Other Communication. Upon request byt the Coordinating Program orl NMSC, Sublicensee shall submit samples ofa any materials on which the' Trademarks licensed under this agreement were used during the year. Such samples shall be submitted within ten (10) business 13. Notices. Any notices which either party is required or may desire to serve upon the other party shall bei in writing and mayl bes served either personally or by depositing the samei ini the mail (first class postage prepaid, certified and return receipt requested) or with a reputable overnight express delivery service (with confirmed delivery, charge prepaid or billed tos shipper), addressedi tot thej partytob beserved asi follows, unless a different address is designated in writing byt the partytol be served. Notice shall also be required to be given by electronic mail on the same date as deposited ini the mail. Notice given by upon the expiration oft the thirty (30) calendar day period. for archival purposes only. effect to conflict oflaws] provisions. days ofr receipt ofa written request from the Coordinating Program or NMSC. mail alone shall not be sufficient. To Coordinating Program: Name: Address: 4 DocuSign Envelope ID: E36B4126-53C9-80D-9181-DFDE7BC87AC5 National Main Street Center Local Program. Accredited Member Sublicensing Agreement Phone: Email: To Sublicepsese Main Street Name: Address: Address City, State & Zip Phone: Phone # Email: mainstreeteenterpriseal.goy 14. Successors. This Sublicense Agreement shall be binding upon, and will inure to the benefit of, 15. Modification. No amendment or modification of the terms or conditions of this Sublicense 16. Waiver. The failure of either party to partially or fully exercise any right or the waiver by either party of any breach, shall not prevent as subsequent exercise of such right or be deemed a waiver of any subsequent breach oft the same or any othert term ofthis Sublicense Agreement. No waiver shall be valid 17. Severability. If any provision of this Sublicense Agreement or the application of any provision hereof to any person or circumstances is held to be void, invalid, or inoperative, the remaining provisions ofthis Sublicense. Agreement: shall not be affected and shall continue in effect and thei invalid provision shall be deemed modified to thel least degree necessary to remedy such invalidity. 18. Hold Harmless. The Sublicensee will be responsible at all times for the supervision and managementofitsa activities underthis Sublicense. Agreement. Tothe extent possiblei in accordancewith statel law, the Sublicensee agrees to hold harmless the Coordinating Program, the NMSC, the National Trust, and their respective directors, trustees, officers, employees, and agents, from any and all liability, loss, damages, costs or expenses which arise out of the negligent acts or omissions of the Sublicensee, its directors, officers, employees, and agents, while acting in the scope of their employment and/orin 19.Insurance. The Sublicensee shall obtain and maintain one or more policies ofi insurance to ensure Sublicensee's performance ofi its obligations under this Sublicense. Agreement and to provide adequate protection for the Coordinating Program, the NMSC, and the National Trust, against any and all claims, demands, causes of action or damages, including attorney's fees, arising out of the performance ofthis Sublicense Agreement. Nothing herein shall prevent the Sublicensee from self-insuring the terms of coverage or from contracting with an insurance company to provide substantially equivalent coverage. 20. Relationship of the Parties. The Sublicensee is an independent contractor. Nothing in this Sublicense Agreement shall be construed to create or constitute a partnership, joint venture, or any other agency or employment relationship between the parties hereto. Neither party is authorized to enter into any agreement on behalf of, assume any obligation for, or otherwise bind the other party financially or otherwise; nor is either party responsible for the obligations ofthe other party, including but not limited to obligations to the other's own employees, their wage/salaries, benefits, vacation pay, the parties and their respective permitted successors and assigns. Agreement willl be valid unless in writing and signed by both parties. orbinding unless in writing and signed by the waiving party. the course of theirinvolvement with the Sublicensee's activities. and the like. 5 DocuSign Envelope ID: 36B4126-53C9-80D-9181-DFDE7BC87AC5 National Main Street Center Local Program Accredited Member Sublicensing. Agreement 21. Entire. Agreement. This Sublicense Agreement is the entire agreement between thej parties with respect to the matters referred tol herein and it supersedes and replaces all prior and contemporaneous IN WITNESS WHEREOF, the parties enter into this Sublicense. Agreement effective as of thel last date oral and written understandings pertaining tot the subject matter hereof. written' below. Coordinating Program Sublicensee By:. Date: By: Date: 6 DocuSign Envelopel ID: E386B412553C9-480D918H-DFDE7BC8TACS National Main Street Center Local Program. Accredited Member Sublicensing Agreement EXHIBITA BRAND GUIDELINES 7 DocuSign Envelope ID: BRAND guidelines MAIN STREET AMERICA DocuSign Envelope ID: E36B4126-53C9-480D-9181-DFDE7BC87AC5 MAIN STREET AMERICA" HOW WE DESCRIBE OURSELVES ITIS IMPORTANT THAT WE ALL TELL THE SAME STORY ABOUT MAIN STREET AMERICA TO HELP DISTINGUISH AND REINFORCE OUR BRAND. TO DO THAT, WE HAVE THREE LEVELS OF INCREASING DETAIL: TAGLINE, DESCRIPTOR, AND POSITIONING STATEMENT. TAGLINE The tagline is our simplest statement about what Main Street America stands for. We can use it in written materials but to help establish consistency, we should not alter the words. Nationally recognized. Locally powered. DESCRIPTOR The descriptor was developed to be a concise statement about Main Street America to be used in such applications as press releases, announcements, and promotional materials. While it can be altered if necessary for specific circumstances, we encourage using it intact for most applications. Main Street America"" has been helping revitalize older and historic commercial districts for more than 35 years. Today it is a network of more than 1,600 neighborhoods and communities, rural and urban, who share both a commitment to place and to building stronger communities through preservation-based economic development. Main Street America isa program of the nonprofit National Main Street Center, a subsidiary of the National Trust for Historic Preservation. DocuSign Envelope ID: E36B4126-53C9-80D-9181-DFDE7BC87AC5 MAIN STREET AMERICA OUR POSITIONING POSITIONING STATEMENT The positioning statement provides more detail about Main Street America and what makes our program both unique and effective. It can be used in its entirety, or parts can be extracted, as a source of language for a variety of communication needs. Main Street. America"Mis: a movement. Main Street. America has been helping revitalize older and historic commercial districts for more than 35 years. It is the leading voice for preservation-based economic develop- ment and community revitalization across the country. Made up of small towns, mid-sized communities, and urban commercial districts, Main Street America represents the broad diversity that makes this country sO unique. Working together, the programs that make up the Main Street America network help to breathe new life into the places people call home. Main Street America is a mark of distinction. It is a seal, recognizing that participating programs, organizations, and communities are part ofa a national movement with a proven track record for celebrating community character, preserving local history, and generating impressive economic returns. Since 1980, over: 2,000 communities have been part of Main Street, bringing renewed energy and activity to America's downtowns and commercial districts, securing $61 billion in new investment creating more than 525,000 net new, jobs and rehabilitating 251,000 buildings. Main Street America is at time-tested strategy. Main Street America communities are encouraged to make use of a time-tested approach, known as the Main Street Approach. The Main Street Approach is rooted ina commitment to broad-based community engagement, a holistic understanding of the factors that impact the quality of life in a community, and strategic focus on the core principles of downtown and neighborhood revitalization: Economic Vitality, Quality Design, Effective Promotion, and Sustainable Organization. 2 DocuSign Envelope ID: 36B4126-53C9-480D-9181-DFDE7BC87AC5 MAIN STREET AMERICA OUR LOGO THE MAIN STREET AMERICA" NAME AND ALL ASSOCIATED LOGOS ARE TRADEMARKS OF THE NATIONAL MAIN STREET CENTER AND MAY BE Three brand reatments--each associated with a different level of membership with Main Street America-are available to accommodate. communication needs and establish consistency across the network. All Main Street America members who have signed licensing or sub-licensing agreements are required to include the appropriate logo and membership language on their websites, and are encouraged to use them across other communications and branding platforms. USED ONLY WITH PERMISSION OF NMSC. MAIN STREET AMERICA 2016 cApiliate MAIN STREET AMERICA 2016 dAcchedited MAIN STREET AMERICA 2016 Boordinating Progham 3 DocuSign Envelope ID: E36B4126-53C9-480D-9181-DFDE7BC87AC5 MAIN STREET AMERICA LOGO USAGE ITIS IMPERATIVE THAT A LOGO IS PRESENTED CONSISTENTLY, There are a few rules to keep in mind when using our logo: CLEARLY AND CORRECTLY. BE CONSISTENT Place the logo on a white background. Do not place on dark, photographic, KEEP IT CLEAR Make sure the logo has enough space around it so that it is legible. Do not USE CORRECTLY Use approved logo files as they are provided, do not alter them in any way. ori illustrative backgrounds. place other elements within this "clear space." Always maintain an area of "clear space" around the logo to ensure legibility. That space is equalt to the height of "MAIN STREET": .DOT NOT place anything inside oft the gray dotted box. MAIN STREET AMERICA" MAINSTREET DOI NOT resize parts of the logo DONOT omit parts of the logo MAINSTREET AMERICA DONOT change. the color of the logo DO NOT add effects such as drop shadows tot thel logo & MAIN-SIREET AMERICA DO NOT stretch or distort the logo MAINSTREET AMERICAN MAIN: STREET AMERICA" DOI NOT alter the placement of the parts oft the logo DOI NOT rotate the logo DONOT place the logo on patterns or photos 4 DocuSign Envelope ID: MAIN STREET AMERICA OUR COLORS A COLOR PALETTE IS AN ESSENTIAL INGREDIENT! IN ESTABLISHING The icon of our logo is comprised of four colors with black text. Along with shades of gray, these are the only acceptable colors to be used in our communications. The logo should always command the most visual attention, and color should be used to support but never overwhelm the logo. Additionally, when appropriate, color may be used to highlight the Main Street Four Point Approach" each area ASTRONG AND DISTINCTIVE BRAND PRESENCE. has an assigned color: ECONOMIC VITALITY / QUALITY DESIGN // EFFECTIVE PROMOTION 1: SUSTAINABLE ORGANIZATION BLUE 100.0.20.0 PMS313 0.173.208 GREEN 50.0.100.0 PMS376 106.189.69 ORANGE 0.40.100.0 PMS138 248.154.29 YELLOW 0.10.100.0 PMS116 254.203.0 Print (CMYK) Print (PANTONE) SCREEN (RGB) SHADES OF GRAY Pantone Color Values vary between Coated, Uncoated and Matte finishes While these variations aret typically nominal, please use PMS 114 on Uncoated paper instead of PMS 116 because it's the better overall match. 5 DocuSign Envelope ID: 36B4126-53C9-480D-9181-DFDE7BC87AC5 MAIN STREET AMERICA FILE USAGE OUR LOGO IS AVAILABLE IN A VARIETY OF FILE FORMATS. The appropriate format should be selected based on how it will be used. Please refer to the list below for guidance. EPS Created in Adobe lllustrator, logo files are EPS vector files and esoluton-ndependent. meaning they can be scaled an infinite amount without any loss of quality. Use EPS files JPEG A raster graphic image file created by choosing from a range of compression qualities, therefore making it smaller in size and easier to email. Usually for broadcast, MS Word or web use, JPEGS can only be used for print reproduction if they have high enough resolution. PNG A raster graphic image file that supports lossless data compression. This format provides background transparency, perfect for use in MS PowerPoint presentations. for print, broadcast and specialty items. 6 Quoted By: Quote Expiration: Quote Name: Brad Reed 11/10/24 and Attendance City of Enterprise EERP-Time tyler technologies Quote Description: Time and Attendance Saas Quote Saas Term 1.00 Sales Quotation For: City of Enterprise 501 S Main St Enterprise AL 36330-3822 Shipping Address: Tyler Saas and Related Services Description Qty Imp. Hours 1 1 1 AnnualFee $10,685.00 $3,400.00 $13,884.00 $27,969.00 Human Resources Management Employee Access Advanced Scheduling W Mobile Access Up to 150 Employees Time & Attendance w Mobile Access Up to 350 Employees 64 16 128 208 TOTAL Professional Services Description Implementation Onsite Project Management Onsite Implementation Remote Implementation 2024-472897-V5V6P7 Quantity Unit Price Ext Discount Extended Price Maintenance $0.00 $0.00 $0.00 $0.00 Page 64 36 156 52 CONFIDENTIAL $225.00 $200.00 $225.00 $200.00 $0.00 $14,400.00 $0.00 $7,200.00 $0.00 $35,100.00 $0.00 $10,400.00 TOTAL $67,100.00 $0.00 Summary Total Tyler License Fees Total Saas Total Tyler Services Summary Total Contract Total One Time Fees $0.00 $0.00 $67,100.00 $0.00 $67,100.00 $95,069.00 Recurring Fees $0.00 $27,969.00 $0.00 $0.00 $27,969.00 Total Third-Party Hardware, Software, Services Unless otherwise indicated in the contract or amendment thereto, pricing for optional items will be held For six (6) months from the Quote date or the Effective Date of the Contract, whichever is later. Customer Approval: Print Name: Date: P.O.#: All Primary values quoted in US Dollars Comments 2024-472897-V5V6P7 CONFIDENTIAL Page 2 Client agrees that items in this sales quotation are, upon Client's signature or approval of same, hereby added to the existing agreement ("Agreement") between the parties and subject to its terms. Additionally, payment for said items, as applicable but subject to any listed assumptions herein, shall License fees for Tyler and third party software are invoiced upon the earlier of (i) deliver of the license key or (i) when Tyler makes such conform to thei following terms: software available for download by the Client; Fees for hardware are invoiced upon delivery; Fees for year one of hardware maintenance are invoiced upon delivery of the hardware; Annual Maintenance and Support fees, Saas fees, Hosting fees, and Subscription fees are first payable when Tyler makes the software available for download by the Client (for Maintenance) or on the first day of the month following the date this quotation was signed (for Saas, Hosting, and Subscription), and any such fees are prorated to align with the applicable term under the Agreement, with renewals invoiced annually thereafter in accord with the Agreement. Fees for services included in this sales quotation shall bei invoiced as indicated below. Implementation and other professional services fees shall be invoiced as delivered. and 50% upon delivery of custom desktop procedures, by module. Fixed-fee Business Process Consulting services shall be invoiced 50% upon delivery of the Best Practice Recommendations, by module, Fixed-fee conversions are invoiced 50% upon initial delivery of the converted data, by conversion module, and! 50% upon Client Except as otherwise provided, other fixed price services are invoiced upon complete delivery of the service. For the avoidance of doubt, where "Project Planning Services" are provided, payment shall be invoiced upon delivery of the Implementation Planning document. Dedicated Project Management services, ifany, willl bei invoiced monthly in arrears, beginning on thei first day of the month immediately IfClient has purchased any change management services, those services will bei invoiced in accordance with the Agreement. Notwithstanding anything to the contrary stated above, the following payment terms shall apply to services fees specifically for migrations: Tyler will invoice Client 50% of any Migration Fees listed above upon Client approval of the product suite migration schedule. The remaining 50%, by line item, will be billed upon the go-live of the applicable product suite. Tyler willi invoice Client for any Project Management Fees listed above upon the go-live of the first product suite. Unless otherwise indicated on this Sales quotation, annual services will be invoiced in advance, for annual terms commencing on the date this sales quotation is signed by the Client. If listed annual service(s) is an addition to the same service presently existing under the Agreement, the first term of the added annual service will be prorated to expire coterminous with the existing annual term for the service, with renewals to occur as indicated in the acceptance to load the converted data into Live/Production environment, by conversion module. following initiation of project planning. Agreement. Expenses associated with onsite services are invoiced as incurred. Tyler's quote contains estimates of the amount ofs services needed, based on our preliminary understanding of the scope, level of engagement, and timeline as definedi in the Statement of Work (SOW) for your project. The actual amount of services required may vary, based on these factors. Tyler's pricing is based on the scope of proposed products and services contracted from Tyler. Should portions of the scope of products or 2024-472897-V5V6P7 CONFIDENTIAL Page 3 services be altered by the Client, Tyler reserves the right to adjust prices for the remaining scope accordingly. Unless otherwise noted, prices submitted ini the quote do not include travel expenses incurred in accordance with Tylersthen-current Business Tyler's prices do not include applicable local, city or federal sales, use excise, personal property or other similar taxes or duties, which youare responsible for determining and remitting. Installations are completed remotely but can be done onsite upon request at an additional cost. In the event Client cancels services less than four (4) weeks in advance, Client is liable to Tyler for (i) all non-refundable expenses incurred by Tyler on Client's behalf; and (ii) daily fees associated with the cancelled services ifTyler is unable to re-assign its personnel. The Implementation Hours included in this quote assume a work split effort of 70% Client and 30% Tyler. Implementation Hours are scheduled and delivered in four (4) or eight (8) hour increments. Travel Policy. Tyler provides onsite training for a maximum of 12 people per class. In the event that more than 12 users wish to participate in at training class or more than one occurrence of a class is needed, Tyler will either provide additional days at then-current rates for training or Tyler will utilize a Train-the-Trainer approach whereby the client designated attendees of thei initial training can thereafter train the remaining users. Standard Project Management responsibilities include project plan creation, initial stakeholder presentation, bi-weekly status calls, updating of project plan task statuses, and go-live planning activities. 2024-472897-V5V6P7 CONFIDENTIAL Page 4 PROTOCOL AGREEMENT WITH PARTNERING AGENCIES 118 W. ORANGE STREET TROY, AL 36081 Forthe following service areas. Pike County and Coffee County Pike Regional Child Advocacy Center PRCACPROTOCOLAGREEMENT WITHPARTNERINGAGENCIES THE FOLLOWING IS THE WORKING AGREEMENT FOR THE COORDINATION OF SERVICES AMONG: District/ Attomey 12th, Judicial Circuit Pike County Sheriff's Department Coffee County Sheriff's Department Pike County Department of Human Resources (DHR) Coffee County Department of Human Resources (DHR) Troy Police Department Brundidge Police Department Enterprise Police Department New Brockton Police Department Elba Police Department Kinston Police Department East Central Mental Health Center Pike County Schools Pike County Juvenile Probation Services Pike Regional Child Advocacy Center (PRCAC) THE PURPOSE OF THIS AGREEMENT IS TOFORMALIZE THE WORKING RELATIONSHIPS AMONGTHE. AGENCIES AND PIKE REGIONAL CHILD The multidisciplinary team approach is contingenton cooperation among agencies handling child abuse casesin Pike Countya and Coffee County. Those agencies include ADVOCACY CENTER. 2 Revised February 2024 PRCACPROTOCOL, AGREEMENT WITHPARINERING, AGENCIES those mentioned above. The following are the terms under which Pike Regional Child 1. A)The agency may refer to PRCAC the names of victims of a sexual or serious physical offense, neglect, and/orwitnesses of a violent crime who are under eighteen (18)years of age as soon as possible forf forensici interview(s), butno B)Insituationswherei time is of the essence and a PRCACforensicinsicintervleweris notimmediately available, an agency may utilize the services of its trained Investgator.preferably those trained as forensic interviewers, toi interview the victims. The agency will then refer the victim to PRCAC for any subsequent services it determines the victim might benefit from. In such situations, the victim will notbe subjected to any follow-upinterviews: unless such interviews are at the C)PRCAC will provide any services ati its disposal to any child victims at the 2. The child will bei interviewed at PRCAC on referral from an agency. 3. The initial interview will be conducted during regular business hourswhenever 4. Thei initial interview will be conducted bys a PRCAC interviewer. Law enforcement and the Department of Human Resources will be present upon availability. 5. Whenever possible, the initial interviewerwill conduct any necessary follow-up 6. Every effort will be made to coordinate each step of the investigative process to minimize the number of interviews to which the child is subjected. 7. TheN Multidisciplinary Team will review all names and cases at the next available 8. PRCAC will list cases to be reviewed and distribute the list to the participating 9. Representatives at the supervisory level from each agencywill attend the MDT 10.All personnel involved in these cases are encouraged to participate in PRCAC Advocacy Center (PRCAC) and team agencies operate: later than two (2)weeks of leaming names of said victims agencysrequest requesto of the agency. possible; however, PRCAC will be available 24/7. interviews. team meeting. agencies at least 48 hours before the team meeting. meetings. trainings and team retreats. 3 Revised February 2024 PRCACPROTOCOLAGREEMENT WITHPARTNERINGAGENCIES 11.Alldetails of interviews ori investigations: shall remain confidential. Press releases regarding such cases shall only be issued by the investigating law enforcement agency orwith prior approval from said law enforcement: agency. This WomangAgmemantelects currentpolicy and will be reviewed and signed at least every two (2) years. The terms of this Working Agreementwill be interpreted and implemented in a manner consistentwith agencyrules, regulations, and statutes, and will continue until terminated by an agency Pike Regional Child Advocacy Center Multidisciplinary Team UnderSections: 26-16-50 and 26-16-70 of the Code of Alabama, the Pike Regional Child Advocacy Center Multidisciplinary Team (MDT)shall consistof representatives from the Pike County district attomey, Coffee County district attomey, the Departmentof Human Resources (DHR), mental health, law enforcement, PRCACs staff, and invited The team members have disinctbuthntendependent responsibilities. Cooperation is essential to the successful investigation and prosecution of child sexual abuse, severe physical abuse and neglect cases, and cases where a child has witnessed a crime. The goal of the teamwork approach is to enhance cooperation among the team members. medical and victim services personnel. Overview/Purpose Team members acknowledge that the interests of child victims are served best by uniformity in investigations thati involve multi-agency cooperation. The Team adopts the following protocol to guide the various agencies involved in the investigation and prosecution of cases involving childsexual abuse and severe physical abuse/neglectof children to accomplish the following goals: 1. Protect a child from further abuse. 2. Minimize trauma to the child by avoiding repeated interviews. 3. Obtain sufficient and accurate facts for prosecution. 4. Promote statutory crime reporting requirements. 5. Encourage training of professionals dealingwith child abuse issues. 6. Encourage family members to utilize crisis and/ora appropriate ongoing treatment This protocol addresses crimes against children committed both by intra-familial and non-related "out of home" perpetrators. The team will meet regularly to monitor and coordinate thei investigation and prosecution of crimes againstchildren. The team will services. 4 Revised February 2024 PRCACPROTOCOLAGREEMENT WITHPARINERING, AGENCIES focus on case analysis and evaluation, resource and service utilization, case management, and abuse prevention. Roles of Team Agencies Investigation The Department of Human Resources (DHR): DHR's goal is to prevent or remedy the abuse and neglect of children and to preserve families. DHR has the responsibility fort the protection of children from abuse, neglect, and/or exploitation by their parents, caretakers, otherhousehold members, or unrelated offenders. During the prelminaylnvestyaton, based on DHRrules and regulations, itis the job of the child welfare worker to determine (1)whether busehneglectocoured; (2) the need for a safety plan; (3)if a risk of serious ham to the child(ren)exists and ongoing services are needed, or (4)ifplacement of the child(ren)is needed or the offender's removal is possible. DHR and Law Enforcementwill cooperate toj jointly investigate any allegations of child sexual abuse, severe physical abuse, severe neglect, or a childi ini imminentdanger. DHR and Law Enforcementwill interview and explore togetherv whenever possible to minimize the need for multiple interviews, especiallys of thec childy victims. DHR andl Law Enforcementwil question the victim(s), the reporter, all relevantwitnesses, and the alleged offender. The child victim will be interviewed using the Minimal Facts Interview Guideline (see minimal facts guidelines below). When the identification of the alleged offender is established, DHR andLaw Enforcement will take appropriate steps to protect the child victim, as well as any other minorchildren, from further abuse by the alleged offender. The forensic interview of the child victim, 18 years or younger, will be conducted by a trained forensici interviewer employed by PRCAC att the advocacy center. DHR is one of two agencies thatr may make referrals for services to PRCAC. Law Enforcement (LE) Department Policies and Procedures will dictate how different types of investigations arel handled, but all officers should receive appropriate training in the investigation of child abuse and abouthow to deal with these cases as first responders ton minimize unnecessary trauma to the child victim and his/her innocent family members. The successful criminal investigation of serious child abuse and neglect cases requires special investigative skills as well as an awareness of the special features oft these incidents. These features include working within a multidisciplinary framework with referrals and recognizing the potential for the investigative process to re-traumatize the child victim. When, based on the officer's knowledge and experience, he/she determines itis in the best interest of the child, a child's initial interview by an officer, including first responders, willl be the Minimal Fact Interview as defined by the guidelines outlined below. Law Enforcementand DHR will cooperate to jointly investigate an allegation of child sexual abuse, severe physical abuse, serious neglect, oras situation whereachild isi in imminent danger and will make every reasonable effort 5 Revised February 2024 PRCACPROTOCOLAGREEMENT WITHPARINERING, AGENCIES to jointly respond to cases. Law Enforcement is one of two agencies that may make referrals for services to PRCAC.Law Enforcementwil notifyintake at DHR if a reportof abuse comes to them first. Law Enforcementand DHR investigators will work together throughoutther process,includingl being at PRCAC for the forensici interview. Prosecution District Attomey (DA): The District. Attomey determines how to proceed with the prosecution and will strive to minimize further trauma to the child victim. The Assistant District Attomey (ADA)will communicate and cooperate with thet team. The ADA will be responsible for preparing witnesses for court and will explain the outcome of each proceeding so that the victim, family, and other professionals understand the significance of thé court rulings and orders. Counseling Mental Health: PRCAC staff has the capacity to make referrals to provide properir intervention and therapy to the child victims and their non-offending caregivers. PRCAC staff will make these referrals to Mental Health or private therapists with input from the MDTif necessary. The therapist's primary goal is tot facilitate the healing of the child who has been victimized. The therapist should: 1. Work closely with otherinvolved professionals. to avoid potential contamination of evidence. 3. Be prepared to be called to court as a witness. 2. Maintain adequate boundaries in his/herwork with the child and family members Advocacy Center Pike Regional Child Advocacy Center (PRCAC): PRCAC coordinates the team efforts of all agencies to protect the child from furhervictimization. In the besti interest of the child, PRCAC employs trained forensic interviewers to assisti in getting the most accurate statement from the childregardingt the allegations withouthaving multiple interviews. Besides providing forensici interviews of suspected child abuse victims to reduce furthert trauma to the child, PRCAC pools information from all MDTI members, whose, jobi iti is to protect children. Collecting and preserving the child's statement is critical to building any child abuse investigation. Thus, af forensically sound interview of the child should be designed to elicit the most accurate statement possible, preserved as evidence. 6 Revised February 2024 PRCACPROTOCOLAGREEMENT WITHPARINERING. AGENCIES The forensicintemviewerwil. alwaysputthe needs of the child first and conduct the interviewi in such a way as to minimize trauma to the child,including reducing the need for additional interviews whenever possible. The forensic interviewers shall undergo sufficienttrainingt to become proficientin conductingachild forensici interview and have knowledge of child development linguistics and the dynamics of child abuse. They will also have at thorough understanding of the needs of DHR and Law Enforcement. All interviews will be recorded andavailable on USBs; onev will go with Law Enforcement: as part of the case file, and one will stay at PRCAC. Any member oft the MDTO can review the recordingy when necessary. PRCAC provides the forensici interview att the request of DHR and/or! Law Enforcement. The role of the advocacy centeri is to obtain the most accurate statement from the child regarding the allegations. Forensic Interviewer: The forensicintemltwers.win be employedby PRCAC. The interviewer shall have al bachelor's ora a master's level degree in Counseling, Social Work, Psychology, or other related field, basic knowledgec of the court system, and good knowledge, experience, training, or specialization in the area of child abuse. The forensici interviewer will complete 40 hours of forensici interview training at thel National Children's Advocacy Center before the employee interviews the child. The forensici interviewer will continue trainingi in the area of child abuse and ongoing forensici interview training. The forensici interviewer will conduct the interviews att the request of DHR and Law Family Advocate: The family advocate will be employed by PRCAC. The advocate must have al bachelor's degree in thei field of human services, psychology, criminal justice, or another related field or atl least 5 years of experiencel int thet field. Atleast two years of experiencewoningwint families in crisis and/or child abuse victims, as well as basic knowledge of the court system, is alsop preferred. When the child enters PRCACforthe initial interview, the advocate is responsible for thei initial intake process. The advocate explains the paperwork, gets written permission for the agency to conduct the interview, and gets permission to record the interview. The advocate alsoi follows up with the family to offer counseling when thei interview process is complete. The advocate will inform the family about upcoming court proceedings, provide the courtprep for the child, and be presentduring the court proceedings. Enforcement Medical Forensic Exam: Pediatric SART/SANE nurses who are trained to perform child medical forensic examinatonsforsexual assault perform the medical forensic exams. In cases of immediate disclosure or as determined byl law enforcement and DHR investigator(s), forensic medical examination(s)shall be conducted immediately: and on an emergency basis for purposes of medical, biological, and physical evidence preservation. Emergency medical forensic exams willl be coordinated through law enforcement, DHR investigators, and/or PRCAC staff. They are performed by the on-call nurse(s). In cases 7 Revised February 2024 PRCACPROTOCOL AGREEMENT WITAPARNERNGAGENCIS where there isi noi immediate need for forensic medical examination, the forensic interview at PRCAC will be conducted first. After the forensic interview, the PRCAC family advocate will schedule a forensic medical exam, if necessary, as soon as possible. After the exam is complete, the medical findings will be sent to DHR and law enforementinvesigaon. In the cases where rape has occurred, SARTISANE will be contacted within 72 hours. Steps for Conducting the Forensic Interview ofa Child Victim To lessen the trauma to a child who is a victim of sexual and/or severe physical abuse and to avoid multiple interviews, the following steps shall bei followed. The sole purpose of the forensici interview is to obtain the most accurate statementfrom the child 1. Amandatory reporter, as defined by Alabamal law, makes a report of abuse to the Departmento of Human Resources. Afteri intake, the case is assigned to a 2. The CAN worker notifies Law Enforcement of the alleged abuse, and an investigator is assigned to the case; however, ifLaw Enforcement receives the 3. The CAN worker or the law enforementinvestgator sets up a forensic 4. The advocacy center provides a neutral, ahlbofmendy,pon-ncaanng 5. Professionallytrainedi forensici interviewers are employed by PRCAC and have received professional training to conduct forensic interviews. 6.T The family advocate implements the intake procedure with the non-offending caregiver, explaining the role of PRCAC and obtaining permission to conduct 7. The DHR and Law Entorcementinvestgas will be present for the interview. 8. The child and the interviewer are in the interview room, and the investigators from DHR and Law Enforcement are in the monitoring room watching the interview live on a close circuit television; the forensici interviewer will take a break during the interview to consultwith the team regarding additional 9. Theinterview is recorded on al hard drive, and two USB copies are made; one copy is given to Law Enforcementfor their case file, and the other is kept at regarding the allegations. CAN (Child Abuse and Neglect)v worker. report first, they will inform the CAN worker. interview with PRCAC. environmentf for the child victim. the interview. questions for the child. PRCAC. 8 Revised February 2024 PRCACPROTOCOLAGREEMENT WITH PARTNERING AGENCIES 10.After the interview, the investigators meet with the family and determine the 11.lfnecessary, the PRCAC family advocate will set up a forensic medical exam 13.The MDT reviews each case until the team agrees it should be closed. next step in theirinvestigation. 12.PRCAC encourages follow-up counseling. Cooperation, Confidentalty, and Protocol Each case is handled with at team effort, from start toi finish, fora resolution that will be in the best interest of the child victim. Cooperation among agencies is vital in determining the proper action and closing each case. All cases with DHR and Law Enforcementare to be included on thel MDT docket at the egulaiyseneduadmeing. The cases will be tracked by PRCACU using a case tracking system. All cases remain on the MDT review sheet until disposition. Many of the documents, information, and proceedings relating to minors are confidential by statute, case law, and/or court order, and every participantin the MDT process is required to ensure that the information shared is necessary, in the besti interest of the child, and remains confidential. All team participants will sign a confidentiality agreement! before reviewing cases. 9 Revised February 2024 PRCACPROTOCOLAGREMBNTWITAPARTNERINGAGENCIES PIKE REGIONAL CHILD ADVOCACY CENTER'S MULTIDISCIPLINARY TEAM MINIMAL FACTS PROTOCOL FOR LAW ENFORCEMENT AND DHR Toa avoid multiplei interviews of child victims, an Investigative Protocol has been developed. The investigative protocol requires the officer taking the initial report of suspected child sexual abuse or serious physical abuse to conduct a "Minimal Facts Interview." This interview will bet followed by a formal, in-depth forensicinterview, in a child-friendly: setting at PRCAC. Because Investigations differi in some respects, the Minimal Facts Interview must be flexible and permit the officert to use common sense in Directly questioning the child about the abuse allegations should be avoided and "Minimal facts" should be developed from other sources whenever possible. For example, if the child volunteers detailed information, the officer should document the disclosure as well as the circumstances surrounding the disclosure. If, however, the child does not volunteer information, the officer should avoid directly questioning the child and instead develop "minimal facts" from other sources. The officer shouldn never askl leadingg questions. In the initial contact with a child victim, there should be detailed following the protocol. documentation oft the child's statement. Minimal Facts Shall Include: 1. Whathappened? What type of sexual activity? How diditoccur? 2. Where didithappen? Check for multiple jurisdictions. 3. When did ithappen? Last time occurred? The first time it occurred? How often 4. Who islare the alleged perpetrator(s)? Age/DOB of the suspected perpetrator(s)? How is the perpetrator known to the child? 5. Are there other witnesses and/or other victims? didi itoccur? 6. What steps are necessary to assure the safety of the child and other potential victims (siblings or other children to whom the perpetrator has access)? 7. Isi immediate medical attention critical? If sexual abuse has taken place within 721 hours, a medical exam is necessaryto gather evidence. Wheneverp possible, every effort should be made to have the child examined. Statements made by 8. Donota ask' "why" the abuse occurred; itir implies the child is to blame. Thet first concem must be the safety of the child. Therefore, if the officer believes it necessary to expand the minimal facts interview for the child's safety (for example, if the child should be documented. 10 Revised February 2024 PRCACPROTOCOLAGREEMENT WIAPATNERNGAGENGES expanding the interview could lead to the perpetrator being apprehended), this judgmentshould supersede the policy of avoiding in- -depth interviews. Finally, the non- offendingc caregivershouldbe: advised that an in-depth forensic interview will take place at PRCAC, where all investigative agencies will be represented to minimize trauma to the child. 11 Revised February 2024 PRCACPROTOCOLAGREEMENTWITHPARTNERINERINGAGENCIES New Brockton Police Department Chief Dale Grimes Date Elba Police Department Interim Chief Shayne Amett Date Kinston Police Department Chief Randy Givens Date East Central Mental Health Center Mr. Don Schofield Date Pike County Schools Mr. Jeff McClure Date Pike County Juvenile Probation Services Date Mr. Joe Fluker Pike Regional Child Advocacy Center (PRCAC) Executive Director Kaley Green Date 13 Revised February 2024 PRCACPROTOCOLAGREEMENTWIIHPARINERINERINGAGENCIES District Attomey 12th Judicial Circuit District Attomey James Tarbox Date Pike County Sheriff's Department Sheriff Russell Thomas Date Coffee County Sheriff's Department Sheriff Scott Byrd Date Pike County Department of Human Resources (DHR) Date Director Patricia Faircloth Coffee County Department of Human Resources (DHR) Date Director Deana Stinson Troy Police Department Chief Randall Barr Date Brundidge Police Department Chief Sam Green Date Enterprise Police Department Chief Michael Moore Date 12 Revised February 2024 421 East Lee Street P.O. Box 311000 Enterprise, AL 36331-1000 Phone: (334)348-2684 Fax: (334)347-1120 Email praeenterprisea.gov City nf Enterprise PARKS AND RECREATION DEPARTMENT Billy Powell, Director MEMO TO: FROM: DATE: City Council and Mayor Cooper Billy Powell, Director 3 June 18, 2024 SUBJECT: Tennis Court Resurfacing lam requesting permission to resurface the six tennis courts located at Donaldson Park. Thisi is required every five years for warranty with Premier Court Surface. Last resurfaced was September 2019. This isa FY24 budgeted item. The work is to be done by American Tennis Courts, Inc. in the amount of $56,810.00 Thank you fory your consideration and approval oft this request. 421 East Lee Street P.O. Box 311000 Enterprise, AL: 36331-1000 Phone: (334)348-2684 Fax: (334)347-1120 Emailt epraeenterprisealgov City nf Enterprise PARKS AND RECREATION DEPARTMENT Billy Powell, Director. MEMO TO: FROM: DATE: City Council and Mayor Cooper Billy Powell, Director' 3K June 18, 2024 SUBJECT: Skyjack Electric Scissor lam requesting permission to purchase a Skyjack 40' Electric Scissor. This equipment isa FY24 budgeted item and is to be purchased from Thompson Rents in the amount $34,595.00 Thank you for your consideration and approval oft this request. Thompson CAT Rental STORE June 11,2024 Equipment Quote City of Enterprise Attention: Billy Powell contracts: This quote is in compliance with Sourcewell Pricing and falls under thej following #020923-SKJ- Skyjack - Portable Construction Equipment 062320-CAT- Caterpillar- Rental Machines, tools, and equipment Skyjack 40' Electric Scissor - Mode SJI4740 E... ... ...$34,595.00 Flashing light Full height gate 3' extension deck Hinged rails Non-marking tires Tim Tew Allied Rep Thompson Rents Dothan, AL 334-685-1140 S City of Enterprise Department of Engineering Services & Public Works 501 SMain Street Enterprise, Alabama 36330 Phone (334)348-2671 mgmerngeentprsapn OF PRO MEMORANDUM TO: FROM: DATE: RE: Beverly Sweeney, City Clerk Barry Mott, City Engineer/Public Works Director Council Agenda - Request to Seek Bids 5/28/2024 l'am requesting Council approval to seek bids for the following services: HVAC Preventive Maintenance - City Wide Pest Control Services - City Wide Veterinary Services = Animal Control, Enterprise Police Department Thank you. 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