AGENDA JULY 16,2024 CITY COUNCIL MEETING  The Enterprise City Council will convene in Regular Session at 6:00 p.m., Tuesday, July 16, 2024, at  Enterprise Civic Center. ROLL CALL.  .President President .President President  OPENINGPRAYER & PLEDGE OF ALLEGIANCE.  APPROVAL OF AGENDA.  Call: for a motion to approve the agenda of the meeting as submitted.  CONSIDERATION OF CONSENT AGENDA.  All matters listed within the Consent Agenda have been distributed to each member oft the Council for review, are considered to be routine, and will be enacted by one motion of 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 ofa member of the City Council. Call for  ar motion to approve the Consent Agenda as presented: City Council Meeting Minutes of] July 2, 2024 Contract Billings in the amount of $1,045,165.92 as follows: Whaley Construction Company,1 Inc.- Wiregrass Construction Company, Inc.-  Application No. 18-$705,766.55- - Construction - Recreation & Aquatics Center Estimate No. 10-$154,023.31 - Construction - FY22 Resurfacing, Phase II (A)/Dozier Road Invoice No. 20407-$7,500.00- - Boundary Surveys for Properties Associated with ADVA Home Invoice No. 20408- $2,041.23 - EngineeringTehnical Services ADVA Home Invoicel No. 20473-$23,269.95- - Construction Services - Dozier Road Improvements Application No. 9-$141,007.08- - Construction - New Corporate Hangar Invoicel No. 222431-$ $5,307.80 - Construction Phase Services - New Corporate Hangar Invoice No. 2957-$ $6,250.00- - Contract Services - July 2024  Poly, Inc.-  Hollon Contracting, LLC- Barge Design Solutions- Fine Geddie & Associates- Travel Requests as follows: Administrative LeeAnn Swartz 2024 GFOAA Summer Conference Orange Beach, Alabama August 7-9, 2024 Estimated Cost: $1,430.76 Tourism Tammy Doerer Tuscaloosa, Alabama August 27-30, 2024 Estimated Cost: $1,394.00  2024 Alabama Governor's Conference on' Tourism  PRESENTATION OF CERTIFICATE- Steve Icenogle..  President  Call on Mayor Cooper, who will present Steve Icenogle with a certificate for being recognized by SkillsUSA with an Honorary Life Member award during the 20241 National Leadership & Skills  Conference.  REQUESTTO ADDRESS COUNCIL/STREBT CLOSURE. the Council to obtain aj permit for the following event: Sixtel Octobrewfest Craft Beer Festival  .President  (Vanessa SchaubleOctobrewtes)  Recognize Vanessa Schauble, representing Sixtel Bottle & Growler House, who has requested to address  Event Time/Date: 12:00 p.m. - 4:00 p.m., Saturday, October 5, 2024  Street Closure: 12:01 a.m., Saturday, October 5, 2024-1 12:01 a.m., Monday, October7,2024 Closure Area: Easy Street (Main Street to Edwards Street) and Easy Street parking lot  **Refer to Police Chief Michael Moore prior to consideration oft the request.    PRIVILEGE OF1 THEI FLOOR (Persons allowed 3 minutes to address the Council).  President President President  STAFF REPORTS. OLD BUSINESS  PUBLICHEARING. & CONSIDERATIONORDINANCE061824.  (Gertrude Saunders Family Trust Rezone)  Call for aj publici hearing prior to consideration ofOrdinance 06-18-24, providing for the rezoning of5.08 acres ofland owned by Gertrude Saunders Family Trust from R-2 (Medium Density Single Family Residential District) tol R-4 (Mixed Residential District), located at 101 East Drive. At the close of thel hearing, call for consideration of Ordinance 06-18-24. INTRODUCE PLANNINGCOMMISSIONRECOMMENDATIONS.  NEW BUSINESS following requests:  President  Introduce for the record, ai recommendation: from the Enterprise Planning Commission to approve the  Ar request by the City of Enterprise to amend Section 6.02.02 of the Zoning Ordinance as follows: These regulations apply tor new development and redevelopment in all lots, parcels and tracts that are: zoned B-1 and] B-31 that boarder Highways 27, 84, 134, 167, 192 and 248, excluding anyl M-1, Ar request by the City ofl Enterprise to amend Section 7.08.02 of the Zoning Ordinance as follows: Home occupations must be conducted entirely withint the principal building and/or accessory structure. Outside display or storage ofr materials, goods, supplies, ore equipment usedi in thel home occupation shall bec completely screened from public view and shall only be allowedi in the side and rear yard oft the primary structure. Storage of materials, goods, supplies, or equipment used in the Ar request by the City of Enterprise to amend Section 13.04.02(D) of the Zoning Ordinance as Notice oft the time and place ofp public hearings will be given as required bys state law. Written notice will be given to all owners of adjoining and adjacent property. An additional notice will be posted on or as near the site as possible tos serve as visual notification to the public. The Arequest by the City of Enterprise to add Section 13.04.02(E) to the Zoning Ordinance as Int the case ofr multiple zones on one parcel ofr real property, each zone shall be rezoned  M-2, B-2: zoned property and any property within thel Downtown Overlay.  home occupation shall note exceed 20% ofthe side orr rear yard combined.  follows:  requirements for the notice are defined by the City of Enterprise.  follows:  independently: and shall constitute its owni request.  INTRODUCE ORDINANCE 07-16-24.. (Amend Zoning Ordinance)  President  Introduce Ordinance 07-16-24, providing for an amendment to Ordinance 02-20-24, Enterprise Zoning Ordinance. The amendment clarifies regulations applicable to Special Districts: Highway Corridor Overlay District; Use-Specific Regulations: Home Occupations; and. Administration: Amendments. All remaining provisions of Ordinance 02-20-24 remain unchanged andi in full force and effect. Call for aj public hearing tol bel held at the regular meeting scheduled for August 20, 2024.  INTRODUCE ORDINANCE 07-16-24-A..  President  (Brightspeed! Franchise)  Introduce Ordinance 07-16-24-A, providing to grant ar non-exclusive franchise to Brightspeed to construct, install, operate, and maintain a telecommunications system in, under, along, over, and across the present and future streets, alleys, and public ways of the City of Enterprise. The franchise agreement is for at term of fifteen (15): years with ai franchise fee of3% of the annual gross revenues. **IfCouncil's desire is to consider the ordinance, suspension of the rules is necessary prior to consideration. Otherwise, the ordinance will be introduced and layover) for consideration at the next  regular meeting.    REVIEW. & CONSIDER RESOLUTIONO/-1624. (Project No. IAR-016-000-025. Agreement)  .President  Introduce and callf for consideration of] Resolution 07-16-24, providing for an agreement between the City ofE Enterprise and the State of Alabama, acting by and through the Alabamal Department ofTransportation, relating to aj project fort turn lane, drainage improvements, and access road from North Main Street (US- 84) into Enterprise Commerce Park. Resolution 07-16-24 further authorizes thel Mayor to execute the  agreement for and on behalf oft the City. REVIEW & CONSIDER RESOLUTIONO7-624A. (Declaring Certain) Properties al Public Nuisance)  President  Introduce and call for consideration of] Resolution 07-16-24-A, declaring certain properties which are overgrown with weeds, scrub, wild bushes, grass and other vegetable growth as injurious to the health, safety and welfare of the community as nuisances and calling for aj public hearing to be held at the regular  meeting scheduled for August 20, 2024. REVIEW: & CONSIDER RESOLUTIONO7-1624. (College Gardens Subdivision, Phase I)  President  Introduce and call for consideration of Resolution 07-16-24-B, providing to accept for maintenance the streets and other public casements/improvements which are expressly shown on the final plat of College Gardens Phasel IS Subdivision as public dedications, subject to the contingencies and matters as set out in  the. July 10,20241 letter from Thomas Hardy to the Council.  APPROVEPAYMENTTOALABAMA DEPARTMENT OF VETERANS AFFAIRS.  President  (Bennie G. Adkins Veterans Home)  Call for ar motion to approve payment of$5,304,577.75 to the. Alabama Department of Veterans Affairs for the construction oft thel Bennie G. Adkins State Veterans Home in accordance with the terms and conditions outlined in Resolution 05-03-22-G. The resolution, adopted May 3, 2022, provides for payment to be made upon request by the ADVA and after certification that the project is atl least one-half  complete.  AUTHORIZE FUNDINGFOR: HEALTH CARE ASSESSMENT.  President  (Enterprise! Health Care Authority)  Call for ai motion to authorize funding not to exceed $90,000 to thel Enterprise Health Care Authority fora portion oft the cost to conduct a Community Health Care Assessment. Payments will be made based on invoices submitted by the Enterprise Health Care Authority and approved by the Mayor or City  Administrator. (Pistol! Drive)  REVIEW & CONSIDER STREETI LIGHTING. MODIFICATION.  .President  Introduce and call for consideration ofai request from Thomas Hardy, Assistant Director of Engineering, toi install seven (7) 40W type II grayf fixtures and poles on Pistol Drive at an annual cost of $2,441.04.  MAYORS REPORT.  President President President  COUNCIL MEMBER COMMENTS.  ADJOURNMENT: 5:00p.m., Tuesday, August 6, 2024 Council Work Session..  ADDENDUM:    TO: FROM: RE: DATE:  MAYOR AND CITY COUNCIL BEVERLY SWEENEY, CITY CLERK  CONSENT AGENDA FORJULY: 16, 2024 COUNCIL MEETING  JULY12, 2024  By approving the Consent Agenda, you will cumulatively approve the following items as presented in  your packets:  A. The minutes of the July 2, 2024 Regular Session.  B. Contract Billings in the amount of $1,045,165.92 as follows:  Whaley Construction Company, Inc.- Wiregrass Construction Company, Inc.-  Application No. 18-$ $705,766.55- Construction - Recreation & Aquatics Center  Estimate No. 10-$154,023.31 - Construction- - FY22 Resurfacing, Phase III (A)/Dozier Road Invoice No. 20407- -$7,500.00-B Boundary Surveys for Properties Associated with VA Home Invoice No. 20408 - $2,041.23 - EngineeringTechnical Services - ADVA Home Invoice No. 20473 - $23,269.95 - Construction Services - Dozier Road Improvements Application No. 9-$141,007.08 - Construction - New Corporate Hangar  Poly, Inc.-  Hollon Contracting, LLC- Barge Design Solutions- Fine Geddie & Associates- C. Travel Requests as follows: Administrative LeeAnn Swartz 2024 GFOAA Summer Conference Orange Beach, Alabama August 7-9, 2024 Estimated Cost: $1,430.76  Invoice No. 222431 -$ $5,307.80- Construction Phase Services - New Corporate Hangar  Invoice No. 2957- $6,250.00 - Contract Services - July 2024  Tourism Tammy Doerer Tuscaloosa, Alabama August 27-30, 2024 Estimated Cost: $1,394.00  2024 Alabama Governor's Conference on Tourism    CITY COUNCIL MEETING MINUTESOF/VLY2MA4  Thel Enterprise City Council convened in Regular Session at 6:00 p.m., Tuesday, July 2,2024, 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 Gregl Padgett, District #3 Council Member Scotty. Johnson, District #4 Mayor William E. Cooper City Administrator Jonathan Tullos  ALSO PRESENT:  City Clerk Beverly Sweeney was present and kept the minutes.  ROLL CALL- Council President Townsend noted that all Council Members were present.  APPROVALOF AGENDA  The President called for a motion to approve the agenda of the meeting as submitted. Council Member Padgett moved to approve the agenda oft the meeting as submitted. Council Member Johnson seconded the motion. The vote being: Rich-A Aye; Goolsby- Aye; Padgett - Aye; Johnson- Aye; Townsend- -Aye. The  President declared the motion carried. CONSIDERATION OF CONSENT AGENDA  The President called for a motion to approve the Consent Agenda as presented: City Council Work Session Minutes of. June 18, 2024 City Council Meeting Minutes of] June 18,2 2024 City of Enterprise. $674,196.61 City of Enterprise $1,496.79 Hollon Contracting, LLC- Barge Design Solutions- Poly, Inc.- Fine Geddie & Associates- Travel Requests as follows: Engineering Barry Mott Auburn, Alabama September 22-25,2024 Estimated Cost: $1,200.00 Main Street Mariah Montgomery (2) Main Street Board Members Main Street Alabama LAB Conference Monroeville, Alabama August 14-16, 2024 Estimated Cost: $1,826.00 Police Department Captain Billy Haglund Sergeant Daniel Choate Randall's Search & Rescue Training Gallant, Alabama July 15-18, 2024 Estimated Cost: $1,892.06  Accounts Payable (A) for. June 2024 int the amount of $900,756.91 as follows: Accounts Payable (B) for June 2024i int the amount of $1,496.79 as follows: Contract Billings in the amount of $158,264.85 as follows: Application No. 8-$141,255.50- Construction New Corporate Hanger Invoice No. 221636- $8,834.35 - Construction Phase Services - New Corporate Hangar Invoicel No. 20403- $1,925.00 Boundary Survey- - Parks & Recreation Maintenance Building  Water Works Board- $226,560.30  Invoice No. 2892- $6,250.00 - Contract Services - June 2024 2024 Aviation Council of Alabama Annual Airport Conference  Officer Dylan Morrow, Officer Tyler McPhail, Officer Aaron Smith    CITY COUNCIL MEETING MINUTES OF. JULY2,2 2024  Page 2  CONSENT AGENDA (Continued): Police Chiefl Michael Moore AACOP Summer Conference Orangel Beach, Alabama July 25-August 1,2024 Estimated Cost: $3,475.68 Lieutenant Mark Anderson Corporal Willl Ezell 36h Annual. Alabamal LECC Conference Orange Beach, Alabama August 28-30, 2024 Estimated Cost: $1,755.78 Request tol Dispose of Inventory ast follows: Administrative (1)Onel Frigidairel Refrigerator - City ID: #8560  Officer Keith] Lindley K91 Kinetics & Explosive Course Auburn, Alabama August 18-23,2024 Estimated Cost: $844.55  Council Member Goolsby moved to approve the Consent. Agenda as presented. Council Member Johnson seconded1 the motion. Council President' Townsend: indicated that Accounts Payable (B) included payments tol Townsend Building Supply,ac companyi in which! he has ani interest, and noted! he would abstain from voting. The vote being: Rich- -4 Aye; Goolsby- Aye; Padgett- - Aye; Johnson Aye; Townsend - Abstain. Mayor Cooper, joined byt the Council, presented. Jon Ed Steed with ac certificate for being the 2024. AHSA Mayor Cooper, accompanied by the Council, presented certificates tot the 2024 Coffee County Queens and Thel President recognized Nicole. Dobbins, whor recently relocated from Florida, where she was a member of the City ofMt. Doral Pipe and Drum Band. Having looked and yet tof find another bandi in the area, shei is interestedi in starting one. She asked the Council fort their thoughts ont the City of Enterprise sponsoring such ab band. Council President Townsend asked Ms. Dobbins to follow up with the Mayor's Office on the  Thel President declared the motion carried. PRESENTATIONOF CERTIFICATE- - Jon Ed Steed  7A State Runner-Upi in golfa and congratulated him onl his accomplishments. PRESENTATION OF CERTIFICATES- Coffee County Oueens  extended their congratulations.  PRIVILEGE OF THE] FLOOR (Persons allowed 3 minutes to address the Council)  request. STAFFREPORTS No reports were presented. OLD] BUSINESS None NEW) BUSINESS  INTRODUCE. PLANNING COMMISSIONI RECOMMENDATION  Thel President introduced, for the record, ai recommendation: from the Enterprise Planning Commission to approve the following request for thei rezoning of property, subject to the contingencies as set out int the. June AI request by Dallas Boyd on behalf ofI Longleaf Properties LLC, for the rezoning of71.84 acres of land from R-T( (Townhouse! Residential District) tol PRD (Planned Residential District), located on  26,2024, letter from' Thomas Hardy tot the Council:  County Road 622.  NTROPICEORDNANCEO/422A0maa Properties LLCRezone)  Thel President introduced Ordinance 07-02-24, providing for the rezoning of71.84 acres ofl land owned by Longleaf] Properties LLC from R-T( (Townhouse Residential District)t tol PRD (Planned Residential District) located on County Road 622, and called for aj public hearing att the regular meeting scheduled for August 6,  2024.    CITY COUNCIL MEETING MINUTES OF JULY2, 2024  Page3  REVIEW & CONSIDER RESOLUTION 07-02-24/Appitcation for Funding Assistance/FY 2025 Airport Thel President introduced and called for consideration of Resolution 07-02-24, providing for the authorization ofa an application for airport funding assistance from the State of Alabama Department of Transportation. Thei funding will be for the purpose of undertaking: a project in Fiscal Year 20251 to makei improvements at the Enterprise Municipal Airport. Resolution 07-02-24 further authorizes thel Mayor to execute the application agreement and any related forms or documents subject to an opinion from the City Attorney that Council Member. Johnson moved to adopt Resolution 07-02-24. 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 and Resolution 07-02-24 duly passed and adopted. REVIEW & CONSIDER RESOLITIONO7-922+A (Application for FY2024 Funding Assistance/Aircraf The President introduced and called for consideration of Resolution 07-02-24-A, providing for the authorization of an application for funding assistance from the State of Alabama Department of Transportation. The funding, in the amount of $500,000.00, will be used to construct a new aircraft hangar at Enterprise Municipal Airport for lease tol Enterprise Rescue. The current project estimate is $1.2 million, of which the city would bei responsible for $700,000.00. Resolution 07-02-24-A further authorizes the Mayor to execute the application agreement and any related forms or documents subject to an opinion from the City Council Member Rich moved to adopt Resolution 07-02-24-A. 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 andl Resolution 07-02-24-A duly passed and adopted. REVIEW & CONSIDER RESOLUTION 07-02-24-B (Intent to Apply/2024 CDBGCommunity The President introduced and called for consideration of Resolution 07-02-24-B, providing for notice ofthe city's intent to apply for FY 2024 Community Development Block Grant Community Enhancement fund assistance for costs associated with the proposed demolition and clearance ofa abandoned, vacant public nuisance properties. Resolution 07-02-24-B further authorizes the Mayor to sign any and all necessary application papers as well as any contracts or agreements relative to the project. The total grant funds Council Member Goolsby moved to adopt Resolution 07-02-24-B. 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 Resolution 07-02-24-B duly passed and adopted. REVIEW & CONSIDER RESOLUTIONO7-02-24-C(Authorize Local Match/2024 CDBG Community The President introduced and called for consideration of Resolution 07-02-24-C, providing for notice oft the city's commitment to the FY 2024 CDBG Community Enhancement Fund of $50,000.00 in matching funds. Grant funds of $400,000.00 willl be utilized for the proposed demolition and clearance of abandoned, vacant Council Member Rich moved to adopt Resolution 07-02-24-C. Councill Member Johnson seconded the motion. The vote being: Rich Aye; Goolsby Aye; Padgett- Aye; Johnson - Aye; Townsend Aye. Thel President declared the motion carried andl Resolution 07-02-24-Cduly passed and adopted. ACCEPT GRANT FUNDS/AUTHORIZE MAYOR TOEXECUTE AGREMETTADNWAENE Thel President called for a motion to accept Alabama Department of Environmental Management (ADEM) American Rescue Plan Act (ARPA) grant funds of $3,538,040.00 to be used toward the City of Enterprise's Wastewater Treatment Facility Upgrades project and further authorize the Mayor to execute any and all agreements and documents relative tot the project upon review by the City Attorney. Council Member. Johnson moved to accept ADEM. ARPA grant funds and further authorize the Mayor to execute any and all agreements and documents relative to the project upon review by the City Attorney. Council Member Padgett seconded the motion. The vote being: Rich-Aye; Goolsby- - Aye; Padgett- - Aye; Johnson- - Aye; Townsend- - Aye. The President declared the motion carried.  Improvements)  the city is authorized to enter into an agreement.  Hangar)  Attorney that the city is authorized to enter into an agreement.  Enhancement Fund Assistance)  applied for is $400,000.00.  Enhancement Fund)  public nuisance properties for a total project outlay of$450,000.00.  Treatment Facility Upgrades)    CITY COUNCIL MEETING MINUTES OF. JULY2,2024 install lighting att thel Enterprise Pickleball Courts asf follows:  Page 4  AUTHORIZE MAYOR TOFXECUTEALABAMAI POWER AGREMNTUa.naNN. ICourts) Thel President called for ai motion to authorize the Mayor to execute an agreement with. Alabama Power to Three (3) 122WI LED: fixtures and associated facilities, at an annual cost of $3,683.52 Council Member Richr moved to authorize thel Mayor to execute an agreement with Alabama Power for lightingi installation att thel Enterprise Pickleball Courts, Council Member Goolsby seconded the motion. The vote being: Rich- Aye; Goolsby- Aye; Padgett- Aye; Johnson Aye; Townsend- - Aye. Thel President AUTHORVEMAINSTREET DIRECTOR TO EXECUTE GRANTAPPLCATONAaN Street Thel President called for a motion to authorize thel Main Street Director to execute a grant application with Main Street Alabama for funding assistance to add crosswalk' buttons tot two intersections in the Main Street district and potentially upgrade the existing crosswalk buttons at College Street and! Main Street. Council Member Padgett moved to authorize the Main Street Director to execute the grant application as submitted. Council Member. Johnson seconded the motion. The vote being: Rich- - Aye; Goolsby- - Aye; Padgett- Aye; Johnson- -Aye; Townsend- Aye. The President declared the motion carried. DESIGNATE MPLEMENTNOTRANSTI PROVIDER_EY2025 Section 5311 Program) Thel President called for ai motion to designate Southeast. Alabama Regional Planning and Development Commission d/b/a Wiregrass Transit Authority ast the city's local implementing transit provider for the Council Member Richi movedt to designate Southeast. Alabama Regional Planning and] Development Commission d/b/a Wiregrass Transit Authority ast the city's local implementing transit provider for the Section 5311 Program. Council Member. Johnson seconded the motion. The vote being: Rich- Aye; Goolsby Aye; Padgett-Aye;. Johnson - Aye; Townsend- Aye. Thel President declared the motion carried. Thel President called for nominations to the Zoning Board of Adjustment, Seat 7SN, for a term ending. June 30, 2027. Council Member Rich nominated. Jody Linton tot the Zoning Board of Adjustment, Seat 7SN. Upon hearing noi further nominations, thel President deemed the nominations closed and called fora vote on the nominee. Upon ai motion by Council Member Johnson and second by Council Member Goolsby, Jody Linton was appointed tot the Zoning Board of Adjustment, Seat' 7SN, by a unanimous vote. Thel Regular Session was recessed at6 6:25 p.m. and convened into thel E-911 Board Meeting. Thel Regular Session was reconvened: at 6:30p p.m., following adjournment ofthe E-911 Board Meeting. Mayor Cooper shared updates and announcements from various departments and events and wished  declared the motion carried. Alabama)  Section 53111 Program.  CONSIDER BOARD APPOINTMENT-2 Zoning Board of Adjustment. Seat 7SN  RECESS REGULAR SESSION RECONVENE] INI REGULAR SESSION  MAYORSREPORT  everyone: a happyl Fourth of] July holiday. COUNCILMEMBER COMMENTS  Councill Members congratulated the Coffee County Queens and. Jon Ed Steed, thanked meeting attendees and Therel being noi further business before the Council, the President declared the Regular Session adjourned at  citizens watching online, and wished everyone a safe andl happy Fourth of] July.  ADJOURNMENT 6:35 p.m. Turner' Townsend Council President  Beverly Sweeney City Clerk    CONTRACT BILLINGS REGISTER  JULY 16, 2024  1. Whaley Construction Company, Inc.-  Application No. 18-$705,766.55- Construction - Recreation & Aquatics Center  2. Wiregrass Construction Company, Inc.-  Estimate No. 0-3150231-Camsmeton - FY22 Resurfacing, Phase III (A)/Dozier Road  3. Poly, Inc.-  Invoice No. 20407-$ $7,500.00- -E Boundary Surveys for Properties Associated with ADVA Home Invoice No. 20408-$2,041.23 - EngineringTechnca Services - ADVA Home Invoice No. 20473-523,269.95-Construction Services - Dozier Road Improvements  4. Hollon Contracting, LLC- 5. Barge Design Solutions- 6. Fine Geddie & Associates-  Application No. 9-$141,007.08- Construction -1 New Corporate Hangar  Invoice No. 222431 -$5,307.80- - Construction Phase Services -I New Corporate Hangar  Invoice No. 2957-$6,250.00: - Contract Services - July 2024  TOTAL CONTRACT BILLINGS-S1,9516592    Item Id  Description  Contract Amount Complete 207,992.00 86.00 % 401,232.00 86.00 % 373,684.00 86.00 % 77,043.00 89.00 % 15,839.00 76.00 % 77,477.00 95.00 % 339,679.00 90.00 % 500,000.00 75.00 %  Percent  Total Billed 178,873.12 345,059.52 320,985.60 321,368.24 298,947.20 68,568.27 12,037.64 152,634.50 73,603.15 305,711.10 375,000.00 375,000.00  Previous Billed 176,793.20 65,486.55 10,770.52 152,634.50 73,603.15 271,743.20  Total This Invoice 2,079.92 24,073.92 22,421.04 3,081.72 1,267.12 33,967.90  1605 FEEDERS 1606 POWER BRANCH CIRCUITS 1607 LIGHTING BRANCH CIRCUITS 1608 MECHANICAL EQUIPMENT POWE 1609 TRIMOUT 1611 GENERATOR ROUGHI IN & INSTAI 1612 LIGHTING 1700 CONTINGENCIES AND ALLOWAN 1701 UNFORSEEN Total  1610 FIRE ALARMA AND AUXILLARY: SY: 179,570.00 85.00 %  23,074,155.00 89.33% 20,611,828.73 19,906,062.18 705,766.55  Accompanying Documentation:  GROSS AMOUNT DUE PLUSADD-ONS, PLUS TAX LESS RETAINAGE AMOUNT DUE TO DATE LESS PREVIOUS PAYMENTS AMOUNT DUE ALLAPPLICATIONS AMOUNT DUE THIS APPLICATION  $20,611,828.73 0.00 0.00 576,853.87 20,034,974.86 19,329,208.31 705,766.55 $705,766.55  Certification:  Approved  CONTRACTOR'S  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 inf full all obligations of CONTRACTOR incurred in connection 7/11/2024 equipment incorporated ins said Work or otherwise listedi inc or covered byt this Application for Payment will pass to OWNER att time of payment free and clear of all liens, claims, security interest ande 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 Paymenti isi in accordance with the Contract Documents and not defective as that term is definedi in the Contract  with Work covered by prior Applications for Payment numbered 1 through.  inclusive: (2)t title to all Work, materials and  documents. Dated  06/30/24  WHALEY CONSTRUCTION COMPANY, INC.  CONTRACTOR By  (Authorized Elgygama Signature)  Payment of the above AMOUNT DUE THIS APPLICATION is recommended.  7/08/24  Seay, Seay, & Litchfield (Authorized Signature)  Dated  ARCHITECT By  Q  Page 4 of 5    FY22 RESURFACING IMPROVEMENTS) / PHASE III CITY OF ENTERPRISE, ALABAMA (A) Original Contract Amount.  ESTIMATE NO._10-( (CONT.)  $3,995,328.50 $608,848.75 $4,604,177.25 $3.669,237.75 $171,137.00 $3.840,374.75 $3,840,374.75 $384,037.48 $3,456,337.28 $3,302,313.97 $154,023.31  (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)..  (F) Less: Amountr 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  Approved BMott  According to the best of my knowledge and belief, Icertify that all items and amounts shown on the face of this Periodic 7/11/2024 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 thef foregoing is a true and correct statement oft the contract account up to and including the last day oft 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 ofs said contract. make payments to all first tier subcontractors and suppliers except as listed below.  62621 Date  Jamey Assistant Padget,    Secretary  ENGINEER'S CERTIFICATION C. Glenn Morgan, P.E. e P.E. Project No. 11-460  Icertify that I have checked the above Periodic Estimate for Partial Payment and that to the best of my knowledge and belief it is a true and correct statement of work performed and/or material supplied by the Contractor; and that partial pdymént claim and requpsted by the Contractor is correctly computed on the basis of work performed and/or material  date. /  sluket  fre    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 Mrs. LeeAnn Swartz, CFO  INVOICE: 20407 DATE: TERMS: JOBNO.:  06/27/24 NET: 30 Days 11-453  FORI PROFESSIONAL SERVICES RENDERED AS FOLLOWS:  RE: Boundary Surveys for Properties associated with  the new. ADVA Home  Surveying services rendered in providing boundary surveys for property transfers to the City of Enterprise from the Industrial Development Board and the Alabama Department  of Veterans Affairs associated with the following: 1) New VA Parkway Right of Way  a). Alabama Department of Veterans Affairs to City of Enterprise b) Industrial Development Board to City of Enterprise 2) Extended Right of Way around' VA Home a) Industrial Development Board to City of Enterprise 3) Extended Right of Way North of Dozier Road a) Industrial Development Board to City Enterprise  Total Amount Less Previous Invoices Total Amount Due  $7,500.00 $0.00 $7,500.00  Please Remit To: Poly, Inc., P.O. Box 837, Dothan, AL 36302  THANK YOUFOR) YOUR BUSINESS!    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: : 20408 DATE: TERMS: JOB NO.:  06/27/24 NET 30 Days 11-453  FOR PROFESSIONAL SERVICES RENDERED AS FOLLOWS:  RE: ADVA Home General Assistance  Engineering technical services rendered under Task Order No. 47-3 in providing general assistance related to construction of the new VA Home.  Poly, Inc. cost through 06/15/2024  $27,826.70  Subconsultant Services Wetland Delineation for Parkway  (previous invoice 18955).  $5,562.56  Total Amount Less Previous Invoices Total Amount Due  $33,389.26 -$31,348.03 $2,041.23  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: 334.793.4700 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: 20473 DATE: TERMS: JOBNO.:  07/11/24 NET: 30 Days 11-453.02  FOR PROFESSIONAL SERVICES RENDERED AS FOLLOWS:  Re: Dozier Road Improvements  Construction services rendered under Task Order No. 51 for FY22 Resurfacing  Improvements - Phase III(A) Change Order No. 1: Construction Amount : $608,848.75 Wiregrass Construction, Inc. Amount Due Construction Administration; $608,848.75: x 2.0% x 28% Construction Representative (04/01/2024- -06/29/2024) Resident Project Representative I: 166 hrs. (Reg.)x$96,88/hr. 26.0 hrs. (OT)> x$ $145.32/hr.  $3,409.55  $16,082.08 $3,778.32  Total Amount Less Previous Payments Amount Due This Invoice  $23,269.95 $0.00 $23,269.95 Approved BMott 7/11/2024  Please Remit To: Poly, Inc., P.O. Box 837, Dothan, AL 36302  THANKYOUFOR) YOUR BUSINESS!    APPLICATION AND CERTIFICATION FOR PAYMENT  PAGEONEOF 1  PAGES:2 Distribution to: OWNER ARCHITECT CONTRACTOR  TOOWNER: City of Enterprise 501 S. Main St. Enterprise, AL36330 FROM CONTRACTOR: Hollon Contracting, LLC 200 Cat Way Dothan, AL: 36303  APPLICATIONI NO:9 DATE: 7/5/2023 PERIOD TO: 6/30/2024  VIA ARCHITECT: Barge Design Solutions 2047 W. Main St. Dothan, AL: 36301  CONTRACTDATE: 9/18/2024  CONTRACT FOR: New Corporate Hangar for the City of Enterprise CONTRACTORS APPLICATION FOR PAYMENT Application is made for payment, as shown below, in connection with the Contract. Continuation Sheet, AIA Document G703, is attached.  Thc undersigned Contractor certifies that tot the best of the Contractor's knowiedge, information and belieft the Work covered byt this Application for Payment has been completed in accordance with the Contract Documents, that all amounts have been paid by the Contractor for Work for which previous Certificates for Payment were issued and payments received from the Owner, and that current payment shown herein is now duc.  1. ORIGINAL CONTRACT SUM (Design) 2.1 Net change by Change Orders 3. CONTRACTSUM7 TOI DATE (Linc 1=2) 4. TOTAL COMPLETED & STORED1 TO DATE (Column G on G703) 5. RETAINAGE: 5_%of Completed Work $ (Column D+ Eon G703) %of Stored Material (Column Fon G703) Total Retainage (Lines 5a + 5bor Totali in Column Iof G703) 6. TOTAL EARNEDLESS RETAINAGE (Line 4Less Line 5Total) 7. LESS PREVIOUS CERTIFICATES FOR PAYMENT (Line 61 from prior Certificate) 8. CURRENT! PAYMENT DUE 9. BALANCE TOI FINISH, INCLUDING RETAINAGE (Line 31 less Line 6) CHANGEORDER SUMMARY Total changes approved inp previous months by Owner Total approved this Month TOTALS NET CHANGES by Change Order  1,666,837.00 0.00 CONTRACTOR: 1,666,837.00 1,519,098.00  HOLLON CONTRACTING, LLC.  07/09/2024  By:. Catgollon State of: ALABAMA Subscribed and swor to before me this 9TH day ofJ JULY2024 Notary Public: Morgaw J. Perry My Commission expires:25 MARCH2025  Date: County of HOUSTON  $75,954.90 Included in above  75,954.90  ARCHITECT'S CERTIFICATE FOR PAYMENT comprising the application, the Architect certifies to the Owner that tot the best of the Architect's knowledge, information: and belief the Work has progressed as indicated,  1,443,143.10 In: accordance with the Contract Documents, based on on-site observations and the data $1,302,136.02 the quality oft the Work is in: accordance with the Contract Documents, and the Contractor  141,007.08 ise entitled top payment of the AMOUNT CERTIFIED.  147,739.00 DEDUCTIONS  AMOUNT CERTIFIED. ARCHITECT; By: MllGle  141,007.08  ADDIIONS s0.00 $0.00  (Attach explanation. ifa amount certified differs) from the amount applied. Initial all) figures on thi Application and onthe Continuation Sheet that are changed to conform with the amount certified This Certificate is not negotable. The AMOUNT CERTIFIED is payable only tot the Contractor named herein. Issuance, payment and acceptance of payment are without prejudice to: any rights oft the Owner or Contractor under this Contract. THE AMER RICANT INSTITUTE OF7 ARCHIECIS.17357 NEW1 YGRK AVE.. N.W.W WASHINGION. DC 20006-5 5292  Date: Zhekszy  s0.00 $0.00  AIA DOCUMENTG702 APPLICATION RYTNIISTUVZATITT 1992IDIION AIA 01992  Users may obtain validation of this document by requesting a completed AIA Document D401 Certification of Document's Authenticity from the Licensee.  NOTE: Work this Month: Less 5% Retained: Total Due this Month: <$141,007.08  $148,428.51 S - 7.421.43  Approved BMott 7/11/2024    BARGE  DESIGN SOLUTIONS.  Attention: J. Barry Mott City of Enterprise 501 S. Main Street Enterprise, AL 36330  Invoice: 0000222431 Invoice Date: 7/12/2024 Project: 3167735 Project Name: Enterprise AP Corporate Hangar Bill Term: **  For Professional Services Rendered' Through 6/28/2024  Billings Previous 0.00 6,367.00 3,198.00 5,514.00 6,279.00 39,808.50  Fee %Complete 0.00 6,367.00 3,198.00 141,477.00 5,514.00 6,279.00 53,078.00  To Date 0.00 6,367.00 3,198.00 141,477.00 141,477.00 5,514.00 6,279.00 45,116.30 Current Billings Amount Due This Bill  Current 0.00 0.00 0.00 0.00 0.00 0.00 5,307.80 5,307.80 5.307.80 Approved BMott 7/11/2024  LS-LS **** Default 2050- Airport Project Development 3800- Survey/ Geomatics 6055 Airport Planning/Eng Final Design 7020- Bidding/Negotiation 9000- Geotechnical Report 7100- Construction Admin  0.00 100.00 100.00 100.00 100.00 100.00 85.00  Total Fee: To Date Billings: Total Remaining: MICHAELJ.COLE  225,913.00 219,156.94 6,756.06  Remit To: 615 3rd Avenue South, Suite 700] Nashville, TN37210]. Phone: (615) 254-1500! Fax: (615).2 255-6572    FINE GEDDIE & ASSOCIATES LIMITED LIABILITY COMPANY  City of Enterprise P.O. Box 311000 Enterprise, AL 36331  Invoice Date 7/1/2024  Invoice # 2957  Amount  Services Rendered July 2024  6,250.00  Total  $6,250.00  POST OFHCEBOX138.3101-4 423SOUTHI HULLSTREET e MONTGOMERY, ALABAMA36104  AR2T-PAPRERANEN    TRAVEL REQUESTS CITY COUNCIL MEETING JULY1 16, 2024  Administrative LeeAnn Swartz 2024 GFOAA Summer Conference Orange Beach, Alabama August 7-9, 2024 Estimated Cost: $1,430.76  Tourism Tammy Doerer Tuscaloosa, Alabama August 27-30, 2024 Estimated Cost: $1,394.00  2024 Alabama Governor's Conference on Tourism        OF PROS  CITY OF ENTERPRISE TRAVEL REQUEST FORM  NAME OF EMPLOYEE: TITLE OF EMPLOYEE: DEPARTMENT:  LeeAnn Swartz ChetFinanclalOticer Admin  ANTICIPATED TRAVEL DATES: August 7- August 9, 2024  LOCATION OF TRAVEL:  Orange Beach, Alabama  SPECIFIC BUSINESS PURPOSE: 2024 GFOAA Summer Conference  (i.e. seminar, attend conference, continuing education, etc.) (Makes suret top provide thef full name of acronyms used.)  Describe the essential nature of the travel request and how this travel will benefit the City: This is the annual Summer Conference for the Government Finance Officers Association of Alabama. As the CFO for the City, itis vital stay current on changes in governmental accounting standards set by GASB and generally accepted accounting principles. This conference will highlight issues affecting state and local governments and provide resources to finance officers in the state of Alabama.  Lodging: Meals: Mileage: Registration: Total:  2 nights @ $294.00 per night plus tax $ 682.08  3 days @ $40.00 per day 304 miles @ $0.67 per mile $425.00  120.00 203.68 425.00 $1,430.76  Employee Signature: Dept. Head Signature:  huisn  Date: Nulde  Date:      OF PRO CITY OF ENTERPRISE TRAVEL REQUEST FORM  Tammy Doerer  NAME OF EMPLOYEE: TITLE OF EMPLOYEE: DEPARTMENT:  Tourism and Community Relations Director  Tourism 27-30 August 2024 Tuscaloosa, AL  ANTICIPATED TRAVEL DATES: LOCATION OF TRAVEL:  SPECIFIC BUSINESS PURPOSE: AL Governors Tourism Conference- Annual Event Describe the essential nature of the travel request and how this travel will benefit the City: Request permission to attend the 2024 Alabama Governor's Conference on Tourism in Tuscaloosa, AL. This event will take place on Saturday, August 27 through Tuesday, August 30, 2024. Iwill be driving to Tuscaloosa on Saturday, August 27 and returning on Tuesday August 30, 2024. The conference and lodging will be held at the Hotel Capstone, 320 Paul W Bryant Drive, Tuscaloosa, AL 35401  Transportation: Approximately $134.00 (miles 200 x 67 cents per mile) Lodging: Approximately $600.00 (3Nights at $200) Meals: Approximately $ 160.00 (4I Days @per diem rate of $40 a day) Conference Fee: $500.00  Total Cost $1,394.00 (Travel #55024: $894.00) (Registration #53005: $500)  7/11/24 7/11/24  Employee Signature:. Tamny Deerer  Date: Date:  Dept. Head Signature:  7    Fw: Mayoral Recognition Carol Lane dlaneenterprisealgov, Tue 6/25/2024 9:06AM To:Beverly Sweeney bwensyPemtepisagon CcEmily Glasscock 9lsccteentepsagon Can you add to the July 16th agenda please? Carolyn A. Lane, Executive Assistant Office of the Mayor and City Administrator P.O. Box. 311000 Enterprise, Alabama 36331 334-348-2602  From: Emily Glasscock <eglasscock@enterpriseal.gov> Sent: Tuesday, June 25, 20248:04AM To: Carol Lane caneeenterpnisealgop Subject: Mayoral Recognition  Hi Carol,  Can you please send to Beverly to add to the July 16th agenda:  Recognize Mayor Cooper, who will present a certificate to Steve Icenogle for being recognized by SkillsUSA with an Honorary Life Member award during the 2024 National Leadership & Skills  Conference.  Here's some background information for your records:  Mr. Icenogle is expected to receive the award at the Conference in Atlanta today (June 25). Honorary Life is SkillsUSA's highest honor, reserved for those who dedicate service to the organization over a long period. Recipients are recognized nationally and their name is recorded in SkillsUSA's official history.  Thanks, Emily  Emily Glasscock Public Information Manager (334)348-2604 office (334)400-7798 cell  DE    Fw: Street losure/Parade/Public vent/Demonstration  Carol Lane dlane@enteprisealgov, Fri6/28/2024 11:25A AM To:Beverly Sweeney bweenyeemtepnsegoe geryeenepriepacom  Cc:Emily Glasscock eglasscock@enterpnsealgove>Michae Moore mmoreentepisepdcom-BandyGony  Can you add this to the. July 16th Council meeting please?  Thanks, Carol  Carolyn. A. Lane, Executive. Assistant Office oft the Mayor and City Administrator PO. Box. 311000 Enterprise, Alabama 36331 334-348-2602  From: noreply@revze.com noreply@revze.com> Sent: Friday, June 28, 202411:19/ AM To: Carol Lane canePenterprieagol Cc: Emily Glasscock eglasscock@enterpriseal.gov> Subject: Street Closure/Parade/PublcEvent/Demonstration ame-otorganzation = Sixtel Bottle & Growler House ersonorganization-Responsiple = Vanessa Schauble Phone-Number = 8144903504 Email address = sutelbgnegmal.com Purpose-otApplication = Public Event  Address-of-Event = Easy Street (from Main Street to Edwards Street) and Easy Street Parking Lot  Date = 2024-10-05 Event-time = 12PM - 4PM Numberol-Particpants = 100-500 Number-oh-Animals = 1-10 Number-of-Floats = None  Street-closure-time = 12:01AM 10/05AM - 12:01AM 10/07 (Due to tent rental set up and break down)  Describe-Your-Event = Ticketed event. Souvenir taster mug with access to 12 breweries and over 40 different beers. Vendors and Food trucks. Live Music from Backbeat Brethren! Fundraising for our local  animal shelters! Mug holding contest, Best Outfit & Best Pretzel Necklace Contests.  Client IP = 139.177.34.34    egayplewe Auepeevys SAeoo sialel 6 586 ODEUNM  09  epung apnos  6  400221p0g,  BuGUBIIgAE  peegAGay  0B0@ OOWAII  BeDioes  eu A squo EWO0O ERLSSEORA BV uepJoy  ISKses  906 803  ue nswandug  MewUOEDOA  sngpds    ORDINANCE 06-18-24  BEI IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENTERPRISE, ALABAMA as Upon public notice andl 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 oni filei int the Office ofthe City Clerk and the Office ofthe City Engineering Department, City of Enterprise, is hereby amended and, as amended, shall reflect Ap parcel of land belonging to Gertrude Saunders! Family' Trust beingl located int the City of Enterprise, Al PARCEL OF LANDI LYING IN ANDI BEING AI PART OF THE: SE 1/4 OF THEI NE 1/4 OF SECTION: 23, TOWNSHIP 41 NORTH, RANGE: 221 EAST, COFFEE COUNTY ALABAMA, AND BEINGI MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT ATPOST MARKING INTERSECTION OF THEI NORTHI LINE OF THE SE 1/4 OF THE NE 1/4 OF SECTION 23, AND THE WEST! RIGHT OF WAYI LINE OF EASTI DRIVE (40' RIGHT OF WAY); THENCE ALONG SAID WEST RIGHT OF WAYI LINE S2203835"W, Al DISTANCE OF 158.381 FEETTOA CAPPEDI REBAR: #27725; THENCE CONTINUING ALONG SAID RIGHT OF WAYI LINE ALONG ACURVE CONCAVEI NORTHWEST, HAVING A RADIUS OF 110.521 FEET, ACHORDI BEARING S57°1432'W, A CHORD LENGTH OF 117.071 FEETTO A CAPPEDI REBAR #27725; THENCE DEPARTING SAID CURVE. ALONG SAIDI RIGHT OF WAY LINE $8892635"W, Al DISTANCE OF 822.971 FEETTO, A CAPPED! REBAR #27725; THENCE $85019/03"W, Al DISTANCE OF 92.65 FEET TO AI 1/2" PIPE; THENCEI DEPARTING SAID RIGHT OF WAYI LINE NO0°0145'E, Al DISTANCE OF 217.37 FEETTOAC CAPPED REBAR #27725; THENCE N8504040'E, Al DISTANCE OF 136.19 FEET TO A 1/2" PIPE; THENCEI N88028'13"E, Al DISTANCE OF 408.71 FEET TOA2" PIPE; THENCE: N89954'12"E, Al DISTANCE OF 529.941 FEETTO' THEI POINT OF BEGINNING. SAID Said property, set outi in detaili 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 aj permanent part of  follows:  the following:  Coffee County, Alabama and being further described asf follows:  PARCEL CONTAINS 5.08. 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  Council Member Scotty Johnson  ATTEST: Beverly Sweeney City Clerk    ORDINANCE06-1824  Page2 2  Transmitted to the 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    City of Enterprise 5015 S Main Street Enterprise, Alabama 36330 Phone (334)348-2671 Fax (334)348-2672  Department of Engineering Services & Public Works  B  REZONING APPLICATION and ACKNOWLEDGEMENT Enterprise Planning Commission, P.0. Box 311000, Enterprise, AL 36331 PLEASE PRINT OR TYPE THE APPLICATION. REZONING. AND ANNEXATION MUST BEF FILED FOR BY7 THE 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 ORI LOCATION OF PROPERTY: 101 East Drive Enterprise, AL 36330  (iIfother than Applicant)  (Address must be approved by the E-911 Coordinator) PRESENT ZONING: R-2 CONTACT INFORMATION: (ifdifferent from above) Street Telephone No(s): E-Mail: requested.  REQUESTED ZONING: R-4  MAILING ADDRESS: 8571 Oak Barrel Place, Unit 2  Rancho Cucamanga, CA 91730 City/State/ZIP  Beverly Hudson: 334-726-2986 Beveny@e2iregenoyrealy y.co  Dexter Gilley: 334-360-1501 ergler.pleyeyanocon  acknowledge that Ihave received a copy of the Rezoning Checklist, andI 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 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 of the sign(s) must conform to the Planning lacknowledge 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! E Millender DEADLINE FOR PUBLIC NOTICE SIGN: Stphanèl Schanel Jaajn EhirtMienler Cuina Jundua uth  Stephanie Schamel, Ivonov McLeod. Beverly Hudson, REALTOR  Signatures Below  OWNER SIGNATUREI SIGNATURE:  05/21/24  Beverly Hudson (Consult Planning Department)  REPRESENTATIVE:  05/21/24 05/21/24  Jaur Aclen Cina Jaundon lofit Jptajn ElineMiender  05/21/24 05/21/24    MAP A PRESENT  ZONE  101 EastDrve  EASTDR R-2 E 101EsStOn   008  E  MAP B PROPOSED  REZONE  R2    101EastDne M R-4  S  / - 4  100  a I  R-4  2    LANCE E. HOLLOWAY, PLS LAND SURVEYOR- #27725 360 COUNTY ROAD: 523 NEWE BROCKTON, AL: 36351 (334) 806-5051  SAUNDERS ESTATE COPPINVILLE ROAD COFFEE COUNTY, AL    City of Enterprise  Department of Engineering Services & Public Works  501 SMain Street Enterprise, Alabama 36330 Phone (334)348-2671 Fax(334)348-2672  OFPRT  June 12, 2024 Enterprise City Council Members City of Enterprise Enterprise,AL Council Members:  The Enterprise Planning Commission held: la public 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 of15.40 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. *2 Pequesk WHhdraun by Doloper -June 18,2024  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, to R-4 (Mixed Residential District) as shown on Map B, proposed, located at 101 East Drive. The Planning Commission does not recommend approval ofthis request.  * Reguest  Wihorann b  -Junc  Sincerely, hltw Thomas Hardy  Daalger  18,2024  Assistant Director of Engineering Services    Ledger  See Proof on Next Page  AFFIDAVIT OF PUBLICATION State of AL  Countyof  SS: Monhgamn  Alvir Atweyss beingf first duly swom, deposes and's says: That (s)he isa a duly authorized: signatory of Column Software, PBC, duly authorized agent of Enterprise Ledger, a newspaper printed and published int the City of Enterprise, County of Coffee and Dale, State of Alabama, andt thatt this affidavit is Page 1of2v with the full text oft the sworn-tor notice setf forth on the pages that follow, and the  hereto attached: PUBLICATION DATES: Jun. 22, 2024 NOTICE ID: OPEVAagALAAdW7SLM  The sum charged by the Newspaper for said publication does not exceed the lowest classified rate paid by commercial customers for an advertisement of similar size and frequency int the same newspaper(s) in which the public notice appeared. 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 NOTICE NAME: First Ntc of Pub Hearing Ordinance 06-18-24 declare under penalty of perjury under the law oft the State of Alabama that thet foregoing ist true and correct. huard Hcheryes  tos said officer or attorney. PUBLISHER ID: COL-350253 Publication Fee: 358.16  Signedi. VERIFICATION State of Countyot  AL AonisM  Subscribed ini my presence and sworn to! before me ont this:  SUne 947, 0424 SARA KASAMANIAN NOTARY PUBLIC ALABAMA STATE AT LARGE MY COMMISSION EXPIRES SEPTEMBER23.202  Notary Public  First Ntc of Pub Hearing - Ordinance 06-18-24 - Page 1 of2    FIRSTI NOTICE OFI PUBLIC HEARING ORDINANCE 06-18-24 Flrstp public noticeis is herctypublishedint the Enterprise! Ledges, anews of general circulation In te Cy. Eterprt Goffee County, hat. pursuant to Title 1-52-77, Code of Alabama. 1975,89 Cilyo Enterprise, a areguàr meeting Enterprise Cvig enter, 240 NellMetoaf option Ordinance 06-18-24v which proposes, to oning Ordinanoe(e) asa amended andu thez Zoning yo erprise. eldbysaldcy Cddfmagydy and placepefore thep passage and adoptioncfs sald ance whens et that. time, ally personsi whos deskes shall haves anop heard nc oppositont to or ini ravor ofs saido ordinance. ls ass set outi initse entiretyi int thist notice. weeney une: 22, 2024 GRDINANGE06-1B-24 RDAI PHFTAEGTYCOINGLGFTAECTYOFBNTERA LABAMAE asfolows Upon) publter notice) andhearings as requtred by law, Howing ommendationt e lanning Commiss abama previous anang Ordinance(sy andt he oning Enterprlog Clerk andt thec Otice. of the Chy Eingincering Department Ciry prisa, ishereby amended end, esa amendod, shalr reflect thef lollowing  6/22/2024  nerein ongs ont elthec MAP; APRESENT ZONE R-2  MAPE 8. PROPOSED REZONE, R2 R-4  arce  belonging to Gertrude Saunders Family Trust beinglo- erprise, CoffeeC County, Alabamaà andbeingt further BEINGA OWN NORTH, BNG PARTICUL POST MARKING HEN NE 1/40 UNE. DRVE 40 AY FEET 17,97 LONG  D  ANCEC INUINGA ORTHWE HAVING RADIUS 714  INES88 35M DISTANCE OF8 822.97F FEET1 TOACAPPED! 27725: TKENCESEIEISWA ADISTANCE OFS 92.65E FEET TOATZ PPE THENCE DEPARTENG SAID! RIGHTOFV WAY. UNE! NO0-OT45EA ISTANCE. OF 217:37. FEET TOACAPPED. REBAR 2725 HENCE DISTANCE OF1 136.19FEET OA12! PPE ENCE DISTANCE, OF4 408.71_FEET TO PIPE ICE DISTANCE 0F529.94FEEY TOT THE POINT BEG N NING. SADAIRCICENTANSE 5.08A ACRES/ setouttndetalint ther recordsoft the ann yMapA(R-2, Medlum Density SingleF Famy nd as emendeds shaul bez zoned andd described by Residential Districty) whichis attachedheretos andisa dftheZoning Ondinancea andN Map:  Oistricts lapBR4  First Ntc of Pub Hearing - Ordinance 06-18-24-F Page 2 of2    Ledger  See Proof on Next Page  AFFIDAVIT OF PUBLICATION  State of AL County of  Ss:  ALVARD  Montgomefy  R47Y0yY4N being first duly sworn, deposes and' says: That (s)he is a duly authorized signatory of Column Software, PBC, duly authorized agent of Enterprise Ledger, ar newspaper printed and published int the City of Enterprise, County of Coffee and Dale, State of Alabama, and that this afficlavit is Page 1 of 2 with the full text oft the sworn-to notice set forth on the pages that follow, and the  hereto attached: PUBLICATION DATES: Jun. 29, 2024 NOTICE ID: OPA0A9LDGSIVUESOIE  The sum charged by the Newspaper for said publication does not exceed the lowest classified rate paid by commercial customers for an advertisement of similar size and frequency int the same newspaper(s) in which the public notice appeared. 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 to said officer or attorney. PUBLISHER ID: COL-350254 NOTICE NAME: Second Notice Ord 06-18-24 Publication Fee: 247.76 deciare under penalty ofp perjury under the law of the State of Alabama that the foregoing is true and correct.. Abnel hutuagan  VERIFICATION State of County of  AL Moncpomery  Subscribed in my presence and sworn to! before me, on this:  Juy (> 221 SARA KASAMANIAN NOTARY PUBLIC ALABAMA STATE AT LARGE MY COMMISSION EXPIRES SEPTEMBER23.2026  Vp  Second Notice - Ord 06-18-24 - Page 1 of2    SECOND NOTICE OF PUBLIC HEARING ORDINANCE 06-18-24 Thef firstp public noticet having! beeng glyen ons Saturday, June 22, 2024,In theE EnterriseLedgeza anevyspaper ofgeneral circulation andp published Inthe aty ofE Enterprise, Colfeed County, Alabama, Second PublicNotice Is-herebys givent that at6 6:00 pm,July 16, 2024, the ClyCouncil ofthe Cyof Entemprise, Alabema atareqularn meetingh heldetEnterprised Clvic Center, 2401 NelMetcalf Road,w wilo consider for passage and adoption Ordinance 06-18-24, which proposes to amendt thee erting Enterprise Zoning Ordinance(s) asa améndeda and thez Zoning MepoftheciydE En- terprise. Apublch hearingy will be! held bys said Cly Counci at1 théa afore- saldt times and placeb befare thep passage anda adoptiono ofs saldo ordinance, when, att that time, allp persons whod desire shall have and opportunityof RSPERES of salde ordinandes at saldn meeting o/thecityC Council. Ordinancec 06-18-24shal amendt thee endstingz Zoning Ordinanoe(e) aft the Chty of Enterprise andt the Zoning Map oftheChy DfE Enterprisé, Alabama,witha amendments pertalningt tot the properlyof Gertrudé Saunders Famly Trust as described In! Map AC (R-2, Medum Densitys SingeFemRe-aea! Distilisemendede andesamendes shall be zoned as described In Map B(R4, Mixed Residential Distict) which is ettached hereto andi Isap permanent part oft the Zoning Ordi-  nancea andA Map. Beverlys Sweeney CityClerk June2 29,2024  MAP APRESENT ZONE R-2  MAP BP PROPOSED REZONE, R-2 R-4 R-2  COL-350254 6/29/2024  Second Notice Ord 06-18-24 - Page 2 of2    City of Enterprise  Department of Engineering Services & PublicWorks  501SMain Street Enterprise, Alabama 36330 Phone (334) 348-2671 gergerneprsagen  OFPRO July 10, 2024 Enterprise City Council Members City of Enterprise Enterprise, Alabama Council Members:  The Enterprise Planning Commission held a public hearing on July 9, 2024, to consider and act upon the 1. A request by the City of Enterprise to amend Section 6.02.02 of the Zoning Ordinance as follows:  following amendments to the Enterprise Zoning Ordinance:  These regulations apply to new development and redevelopment in all lots, parcels and tracts that are: zoned B-1 and B-3 that boarder Highways 27, 84, 134, 167,192 and 248, excluding any M-1, M-  2, B-2 zoned property and any property within the Downtown Overlay.  2. Arequest by the City of Enterprise to amend Section 7.08.02 of the Zoning Ordinance as follows:  Home occupations must be conducted entirely within the principal building and/or accessory structure. Outside display or storage of materials, goods, supplies, or equipment used in the home occupation shall be completely screened from public view and shall only be allowed in the side and rear yard of the primary structure. Storage of materials, goods, supplies, or equipment used in the 3. AI request by the City of Enterprise to amend Section 13.04.02(D) of the Zoning Ordinance as follows: Notice of the time and place of public hearings will be given as required by state law. Written notice will be given to all owners of adjoining and adjacent property. An additional notice willl be posted on or as near the site as possible to serve as visual notification to the public. The requirements for the  home occupation shall not exceed 20% oft the side or rear yard combined.  notice are defined by the City of Enterprise.  4. Arequest by the City of Enterprise to add Section 13.04.02(E) to the Zoning Ordinance as follows:  Int the case of multiple zones on one parcel ofi real property, each zone shalll be rezoned independently  and shall constitute its own request.  The Planning Commission recommends that you approve these requests.  Sincerely,  CiLDe Thomas Hardy  Assistant Director of Engineering Services    ORDINANCEU7-1624 AN AMENDMENTTOORDINANCE0-1024 ENTERPRISE ZONING ORDINANCE  WHEREAS, the City Council oft the City of Enterprise passed Ordinance 02-20-24 (adopted March 19, 2024) which is known ast the "Enterprise Zoning Ordinance" (sometimes referred to herein as the "Zoning WHEREAS, the City Council desires to amend the Zoning Ordinance to clarify regulations applicable to Special Districts: Highway Corridor Overlay District; Use-Specific Regulations: Home Occupations; and NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENTERPRISE, Section 1. Ordinance 02-20-24, Article 6, Section 6.02.02 is amended such that said section shall read as These regulations apply to new development and redevelopment in all lots, parçels and tracts that are zoned B-1 and B-3 that boarder Highways 27, 84, 134,167, 192 and 248, excluding any M-1, M-2, B-2 Section2. Ordinance 02-20-24, Article 7, Section 7.08.02 is amended such thats said section shall read as Home occupations must be conducted entirely within the principal building and/or accessory structure. Outside display or storage of materials, goods, supplies, or equipment used in the home occupation shall bec completely screened from public view and shall only be allowed in the side and rear yard of the primary structure. Storage of materials, goods, supplies, or equipment usedi in the home occupation shall Section 3. Ordinance 02-20-24, Article 13, Section 13.04.02(D) is amended such that said section shall Notice oft the time and place of public hearings will be given as required by state law. Written notice will be given to all owners ofa adjoining and adjacent property. An additional notice will be posted on or as near the site as possible to serve as visual notification to the public. The requirements for the notice are Section 4. Ordinance 02-20-24, Article 13, is amended toi include Section 13.04.02(E) as follows: Int the case ofr multiple zones on one parcel of real property, each zone shall be rezoned independently and Section 5. Except as amended as stated above, the provisions of Ordinance 02-20-24 remain unchanged Section 6. Ifanys section, clause, phrase, or part ofthis ordinance is for any reason declared to be invalid byt the valid judgment or decree ofa court of competent jurisdiction, such decision shall not affect any Section 7. This ordinance shall take effect upon its approval byt the City Council, or uponi it otherwise  Ordinance");  Administration: Amendments; ALABAMA, ASFOLLOWS:  follows:  zoned property and any property within the Downtown Overlay.  follows:  not exceed 20% oft the side or rear yard combined.  read as follows:  defined by the City of Enterprise. shall constitute its own request. andi ini full force and affect.  remaining sections, sentences, clauses, phrases or parts oft this ordinance. becoming law, but shall nevertheless be published as required by law.  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    ORDINANCE07-1624  Page 2  Council Member Greg Padgett  District #3 District #4  Council Member Scotty Johnson  ATTEST: Beverly Sweeney City Clerk  Transmitted to 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    ORDIMANCEUAI61HA  AN ORDINANCE GRANTING Al FRANCHISE TO BRIGHTSPEED ON BEHALF OF ITSELF ANDI ITS OPERATING AFFILIATES CBRIGHTSPEED)TO OPERATE. ANDI MAINTAIN ATELECOMDINICATIONS SYSTEM ("THE SYSTEM") INTHE CITY OFI ENTERPRISE, ALABAMA ("THE CITY").  The City hereby ordains that itisi in the public interest to grant Brightspeed al Franchise to operate the SECTION1. Grant of] Franchise. The City hereby grants tol Brightspeed the right, privilege and authority to construct, install, maintain, operate, upgrade, replace, renovate, adjust, protect, support, raise, lower, disconnect, remove and relocate its cables, poles, pedestals, boxes, wires, conduits, conductors, pipes and related appurtenances ("Facilities") for its System in, under, along, over and across the present and future streets, alleys and public ways oft the City ("Public Ways"), for the purpose of providing SECTION:2. Acceptance by Brightspeed. Within sixty (60) days after the passage of this Ordinance by the City, Brightspeed shall file a signed copy thereof with the City Recorder, otherwise the Ordinance SECTION3. Term. The Term oft this Franchise is Fifteen (15), years commencing on the date of SECTION4. Franchise Fee. Within sixty (60) days after the date ofl Brightspeed's Acceptance ofthis Ordinance and until its expiration, Brightspeed will pay the City three percent (3%) of Brightspeed's local exchange access service Gross Revenue. Payment shall be made quarterly within sixty (60) days after the SECTION5. Records Inspection. Brightspeed shall make available to the City, upon reasonable advance written notice of no less than sixty (60) days, suchi information pertinent only to enforcing the terms oft this Ordinance in such form and at such times as Brightspeed can reasonably make available. Subject to applicable laws, any information that is provided to the City and/or that the City reviews in camera is confidential and proprietary and shall not be disclosed or used for any purpose other than verifying compliance with the terms of this Ordinance. Any such information provided to the City shall be immediately returned tol Brightspeed following review. The City will not make copies ofs such information. SECTION6. Non-Exclusive Franchise. The right to use and occupy the Public Ways of the City shall be nonexclusive, and the City reserves the rightt to use the Public Ways fori itself or any other entity. The SECTION7. City Regulatory Authority. The City reserves the right to adopt such additional ordinances and regulations as may be deemed necessary in the exercise ofi its police power for the protection of the health, safety and welfare of its citizens and their properties consistent with applicable federal and state law. SECTION8. Activities of Affiliates. Brightspeed promises and guarantees, as a condition of exercising the privileges granted by this Franchise, that any Affiliate or joint venture or partner oft the Franchise directly involved in the offering of Services in the City of Enterprise or directly involved in the management or operation of System int the City of] Enterprise will comply with the terms and conditions oft this Franchise. SECTION9. Indemnification. The City shall not be liable for any property damage or loss or injury to or death ofany person that occurs in the construction, operation or maintenance by Brightspeed ofi its Facilities. Brightspeed shall indemnify, defend and hold the City harmless from and against third party claims, demands, liens and all liability or damage of whatsoever kind on account of Brightspeed's use of the Public Ways. The City shall: (a) give prompt written notice tol Brightspeed of any claim, demand or lien with respect to which the City seeks indemnification hereunder; and (b) permit Brightspeed to assume the defense of such claim, demand, or lien. Brightspeed shall not be subject tol liability for any settlement made without its consent. Notwithstanding the other provisions contained herein, Brightspeed shall in no event be required to indemnify the City for any claims, demands, or liens arising from the negligence or wrongful actions or inactions oft the City, its officials, boards, commissions, agents, contractors, and/or employees. SECTION 10. Insurance Requirements. Brightspeed will maintain in full force and effect for the Term of the Franchise, at Brightspeed's expense, a comprehensive liability insurance policy written by a company authorized to do business in the state of Alabama, or will provide self-insurance reasonably satisfactory to the City, protecting it against liability for loss, personal injury and property damage occasioned by the operation oft the System by Brightspeed. Suchi insurance willl be in an amount not less than $1,000,000.00. Brightspeed will also maintain Worker's Compensation coverage throughout the term oft this Franchise as required by law. The City may review the status of] Brightspeed's insurance at waBrighspedcommo. SECTION11. Annexation. When any territory is approved for annexation to the City, the City shall within ten (10) business days provide by certified mail tol Brightspeed: (a) each site address to be annexed as recorded on City assessment and tax rolls; (b) a legal description of the proposed boundary change; and (c)  System pursuant to the terms and conditions contained herein.  telecommunication services to the City'si inhabitants and businesses.  and the rights granted herein shall be null and void. Acceptance by Brightspeed: as set forth in Section 2, above. end of each quarter during the Term of this Franchise.  City's use, however, shall not unreasonably interfere with Brightspeed's Facilities.  a copy of the City's ordinance approving the proposed annexation.    ORDINANCE 07-16-24-A  Page 2  SECTION 12. Plan, Design, Construction and Installation of Brightspeed's Facilities. 12.1 All Facilities under authority of this Ordinance shall be used, constructed and maintained in accordance with applicable law. Alll Facilities 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 oft 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-sections, or further detailing of work to be done. Any work done, whether by Brightspeed, its contractors, or third parties willi include necessary paving, patching, grading, and any other reasonably necessary repair or restoration tot the City rights-of-way. 12.2 Alle equipment, lines, and appurtenances which are used in the operation, maintenance, repair or construction of Brightspeed's system, except for those pieces specifically notedi in this Franchise, and which are located within the City's rights-of-way shall be considered to be part of Brightspeed's system and shall bel Brightspeed's responsibility. All permits for the operation, maintenance, repair or construction ofsaid system shall be applied for and given in the name of Brightspeed, who shall be responsible for all work done under the permit regardless of whether the work is done by Brightspeed, its employees or contractors, 12.3 Further, prior to commencing new construction or major reconstruction work in Public Ways or other public places, Brightspeed shall conduct aj preconstruction meeting with the City Engineer to discuss the project and thei impact of the project on the public right of way and private property. 12.4 Brightspeed shall obtain all required permits or easements before commencing any construction, reconstruction, repair, maintenance, or other work or property use. Brightspeed will abide by all applicable ordinances and reasonable rules, regulations and requirements of the City consistent with applicable law, and the City may inspect the manner ofs such work and require remedies as may be reasonably necessary to assure compliance. Permits for emergency work shall be obtained as soon as possible, but in no event later 12.5 To the extent practical and consistent with any permit issued by the City, all Facilities shall be located so as to cause minimum interference with the Public Ways and shall be constructed, installed, maintained, renovated or replaced in accordance with applicable andl lawful rules, ordinances and 12.6 Brightspeed shall have the right to excavate the Public Ways subject to reasonable conditions and requirements oft the City. Before installing new underground facilities or replacing existing underground facilities, each party shall first notify the other ofs such work in accordance with applicable law. In no event will the City be required to secure Brightspeed's permission or consent to operate or construct in the City's Public Ways. To the extent practicable under the circumstances, each party may allow the other party, at its own expense, to share a trench for laying its own facilities therein, provided that such action will not unreasonably interfere with the first party's use of the trench or unreasonably delay project completion. 12.7 Nothing int this Ordinance shall be construed toj prevent the City from constructing, maintaining, repairing, or relocating its sewers, streets, water mains, sidewalks, or other public property. However, before commencing any. work within al Public Way that may affect Brightspeed's Facilities, the City shall give written notice tol Brightspeedi in accordance with applicable law, and all such work shall be done, insofar as practicable, in such ai manner as not to obstruct, injure, or prevent the free use and operation of either Party's Facilities. The two parties shall work together to ensure that all oftheir facilities are protected 12.8 Brightspeed: shall not attach to, or otherwise use or commit to use, any pole owned by City untila 12.9 All work authorized and required hereunder shall be done inas safe, thorough and workmanlike manner andi may bes subject to the inspection and approval of the City Engineer. However, nothing herein or in this Agreement reserves the right oft the City, its officers, council members, employees and agents to control safety measures: and worki involving safety issues and instead itis 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 thel Franchisee's responsibility and not the City's. Anyi inspection and approval ofthe 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 work which are the sole responsibility of Franchisee. Thel 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 ofi 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 ANSIC IC2-1190 and replaced by subsequently adopted additions), and Occupational Safety and Health. Administration (OSHA) Safety and Health Standards. All traffic control shall be done in compliance with the then current edition of! Manual on Uniform Traffic  or by third parties.  than 3-5 Days after the work is begun.  regulations ofthe City.  and the project is completed.  separate pole attachment agreement has been executed by the parties.  Control Devices, Part VI.    ORDINANCE 07-16-24-A  Page3  SECTION 13: Repair and Restoration of] Property. shall promptly notify the property owner.  13.1 Brightspeed shall protect public and private property from damage. If damage occurs, Brightspeed 13.2 Ifpublic or private property is disturbed or damaged, Brightspeed shall restore the property toi 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 toi its former condition, normal wear and tear excepted, in a manner and within a time approved byt the City Engineer or custodial agency. If restoration ofp public right-of-way or other City property is not satisfactorily performed within a reasonable time, the City Engineer or custodial agency may, after prior notice to the Brightspeed, or without notice where the disturbance or damage may create ar risk 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 Brightspeed's expense and recover the cost oft those repairs from the Brightspeed. Within thirty (30) days of receipt ofan itemized list oft those costs, including the costs ofl labor, materials and equipment, Brightspeed shall pay the City. Consistent with this agreement, ifs suit is brought upon Brightspeed's failure to pay for repair and restoration, andi ifj judgment in such as suit is entered in favor of the City, then Brightspeed shall pay the City's actual costs resulting from the non-payment, includingi interest from the date the bill was presented, disbursements, attorney's fees and litigation-related costs. Private property must be restored promptly, 13.3 Prior to entering onto private property to construct, operate or repair its System, Brightspeed shall give the person residing on or using the property adequate notice that it intends to work on the property, a description oft the work iti intends toj 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  considering the nature oft the work that must be performed.  rights and reasonable convenience of property owners, residents and users.  SECTION. 14. Relocation ofl Facilities.  14.1 Relocation for the City. Brightspeed shall, upon receipt of advance written notice of not less than one hundred twenty (120) days, protect, adjust, support, raise, lower, temporarily disconnect, relocate or remove any Brightspeed property located ina a Public Way when required by the City consistent with its police powers. Brightspeed shall be responsible for any costs associated with these obligations to the same extent as other users oft the respective Public Way and as otherwise required by applicable state or federal 14.2 Relocation foraThird) Party. Brightspeed shall, at the request of any person holdingal lawful permit issued by the City, protect, adjust, support, raise, lower, temporarily disconnect, relocate or remove any Brightspeed property located in a Public Way, provided that the cost ofs such action is borne by the person requesting it and Brightspeed is given reasonable advance written notice. In such situation, Brightspeed may also require advance payment. For purposes ofthis subsection 12.2, "reasonable advance written notice" shall mean no less than thirty (30) days fora a temporary relocation, andi nol less than one 14.3 Alternatives tol Relocation. Brightspeed may, after receipt of written notice requesting a relocation ofFacilities, submit tot the City written alternatives tos such relocation. Such alternatives shall include the use and operation of temporary transmitting facilities in adjacent Public Ways. The City shall promptly evaluate such alternatives and advise Brightspeed in writing ifo one or more ofthe alternatives are suitable. Ifrequested by the City, Brightspeed shall promptly submit additional information to assist the City in making such evaluation. The City shall give each alternative proposed by Brightspeed full and fair consideration. Int the event the City ultimately determines that there is no other reasonable alternative, Brightspeed shall relocate the components oft the System as otherwise provided herein. Notwithstanding the foregoing, Brightspeed shall in all cases have the right to abandon the Facilities. SECTION1 15. Vegetation Management. Brightspeed shall have the authority to trim trees and other natural growth in the Public Ways in order to access and maintain the Facilities in compliance with applicable law, to include City codes and regulations, andi industry standards. This grant shall in no way impose a duty on Brightspeed; instead, this grant gives permission tol Brightspeed should Brightspeed elect to conduct such activities from time-to-time in order to access and maintain its Facilities. SECTION 16: Decisions ofCity Engineer. Whenever the decision, requirement or approval is by this Agreement to be a determination of the City Engineer, that determination shall be conclusive upon the parties hereto, except in that instance where the determination is arbitrary, madei in bad faith or to defraud SECTION: 17. Renewal. At least one hundred twenty (120) days prior to the expiration oft this Franchise, Brightspeed and the City shall either agree to extend the Term or use best faith efforts tor renegotiatea  law.  hundred twenty (120) days for a permanent relocation.  the parties hereto.  replacement Franchise agreement.    ORDIMANCE0/-162+A  Page 4  SECTION18. Revocation of Franchise for Noncompliance.  18.1 Int the event that the City believes that Brightspeed has not complied with the terms ofthe Franchise, the City shall informally discuss the matter with Brightspeed. Ifthese discussions do not lead tor resolution oft thej problem, the City shall notify Brightspeed in writing of the exact nature oft the alleged 18.2 Brightspeed shall havet thirty (30) days from receipt oft the written notice described in subsection 15.1 to either respond tot the City, contesting the assertion ofr noncompliance, or otherwise: initiate reasonable stepst to remedy the asserted noncompliance issue, notifying the City oft the steps being taken 18.3 Int the event that Brightspeed does not comply with subsection 15.2, above, the City shall schedule ap public hearing to address the asserted noncompliance issue. The City shall provide Brightspeed at least 18.4 Subject to applicable federal and state law, in the eventt the City, after the hearing set forth in subsection 15.3, determines that Brightspeedi is noncompliant with this Ordinance, the City may:  noncompliance.  andt the projected date that they will be completed.  ten (10) days prior written notice of and the opportunity tot bel heard att thel hearing.  A. Seek specific performance of any provision which reasonably lends itselft to such remedy, as an B. Commence an action at law for monetary damages or other equitable relief, or Int the case ofs substantial noncompliance with a material provision oft the Ordinance, seek to  alternative to damages; or  revoke thel Franchise in accordance with subsection 15.5.  18.5 Should the Citys seek tor revoket thel Franchise after following the procedures set forth above, the City shall give written noticet tol Brightspeed. Brightspeed shall! have ninety (90) days from receipt ofs such notice to object in writing and statei its reason(s) for such objection. Thereafter, the City may seek revocation oft thel Franchise atap public hearing. The City shall cause tol bes served upon Brightspeed, at least thirty (30) days prior tos such public hearing, a written notices specifying the time and place ofs such hearing and statingi itsi intent tor revoke thel Franchise. Att the designated hearing, the Citys shall give Brightspeed: an opportunity tos state its position ont the matter, after which the Citys shall determine whether or not thel Franchise shall ber revoked. Brightspeed may appeal the City's determination to an appropriate court, which shall have the power to review the decision oft the City de novo. Such appeal must be taken within sixty (60) days ofthei issuance ofthe City's determination. The City may, at its sole discretion, take any lawful action whichi itd deems appropriate to enforce its rights under this Ordinance inl lieu of revocation. 18.6 Notwithstanding the foregoing provisions int this Section 15, Brightspeed does not waive any ofits SECTION: 19. No Waiver of] Rights. Neither the City norl Brightspeed shall be excused from complying with any oft the terms and conditions contained! herein by any failure oft the other, or any ofi its officers, employees, or agents, upon any one or more occasions toi insist upon or to seek compliance with any such terms and conditions. Each party expressly reserves any and all rights, remedies, and arguments itr may! have at law ore equity, without limitation, and to argue, assert, and/or take any position ast to thel legality or appropriateness of any provision int this Ordinance thati is inconsistent with State orl Federal law, as may be SECTION 20. Transfer ofFranchise. Brightspeed's right, title, or interest int the Franchise shall not be transferred, assigned, sublet or subdivided in any way ort through any mechanism, including a sale orl lease ofall or substantially all ofi its Facilities ora a sale or change int the control oft the Brightspeed (allr referred to below as' transfers") without the written consent oft the City by Ordinance or federal law; provided, however, the City may not unreasonably refuse toa allows such assignment or transfer. SECTION21. Amendment. Amendments tot thet terms and conditions contained herein shall be mutually agreed upon by the City and Brightspeed and formally adopted by the City Council as an ordinance SECTION: 22. Notices. Any notice required or permitted to be given hereunder shall be deemed sufficient ifg given by a communication in writing ands shall be deemed tol have been received (a) upon personal delivery ora actual receipt thereof or (b) withint two (2) business days after such notice is deposited int the United States Mail, postage prepaid, certified, and addressed tot thel Parties as set forth below:  rights under applicable law.  amended.  amendment.  The City: Office oft the Mayor City of Enterprise POI Box 3111000 Enterprise, Alabama 36331  Brightspeed: 1120S.1 Tryon St., Ste. 700 Charlotte, NC: 28203    ORDINANCE07-162+A  Page 5  SECTION: 23. Publication. In accordance with Alabama law, the City shall be responsible for publication of this Ordinance, and any amendments thereof. Brightspeed shall be responsible for payment ofall necessary andi reasonable costs of publication oft this Ordinance, and any amendments thereof. SECTION24. Severability. Ifa any section, sentence, paragraph, term or provision hereof is for any reason determined to bei illegal, invalid, or superseded by other lawful authority, including any state or federal regulatory authority having. jurisdiction thereof, or unconstitutional, illegal or invalid by any court ofcommonj jurisdiction, such portion shall be deemed a separate, distinct, and independent provision, and such determination: shall have no effect on the validity of any other section, sentence, paragraph, term or provision hereof, all ofwhich will remain in full force and effect for the term of the Franchise or any SECTION25. Governing Law and Venue. This Franchise. Agreement shall be governed in all respects by the laws oft the State of Alabama. All court actions shall be exclusively brought int the state courts oft the  renewal or renewals thereof.  Enterprise Division of Coffee County, Alabama. Duly Passed and 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  Transmitted to 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    ACCEPTED BYI BRIGHTSPEED: BY: Brian C.S. Debnam  TITLE: Project Manager, Engineering and Construction  DATE:    RESOLUTIONC7-1624 ENTERPRISE COMMERCE! PARK  AI RESOLUTION. AUTHORIZING AN AGREEMENT BETWEEN THE STATE OF ALABAMA AND' THE CITY OF ENTERPRISE RELATING TO PROJECT# IAR-016-000-025  BEI ITI RESOLVED, byt the City of Enterprise as follows: Department ofTransportation: relating to a project for:  That the City enter into an agreement with the State of Alabama, acting by and through the Alabama Turn lane, drainage improvements, and access road from North Main St. (US-84) intol Enterprise Commerce. Park to benefit Project Panama; Project# IAR-016-000-025; CPMS Ref#100079120. Which agreement is before this Council, and that the agreement be executed in the name oft the City, by thel Mayor for and on its behalf andt that it be attested by the City Clerk and the official seal ofthe City BE ITFURTHER RESOLVED, that upon the completion ofthe execution of the agreement by all  be affixed thereto.  parties, that a copy ofs such agreement be kept on file by the City.  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 Council Member Greg Padgett  District #2 District #3 District #4  Council Member Scotty Johnson  ATTEST: Beverly Sweeney City Clerk    CONSTRUCTION AGREEMENT FORA A INDUSTRIAL ACCESS PROJECT  BETWEEN THE STATE OF ALABAMA AND THE CITY OF ENTERPRISE Coffee County Project No. IAR-016-000-025 CPMS Ref# 100079120 PART ONE (1): INTRODUCTION  This Agreement is made and entered into by and between the State of Alabama (acting by and through the Alabama Department ofTransportation), hereinafter referred to as the STATE; and the City of Enterprise, Alabama, hereinafter referred to as the CITY. WHEREAS, the STATE and the CITY desire to cooperate in the turn lane, drainage improvements, and access road from North Main St. (US-84) into Enterprise Commerce! Park to benefit Project Panama; Project# IAR-016-000-025; CPMS Ref# 100079120. NOW,THEREFORE, iti is mutually agreed between the STATE and the CITY as  follows:  PARTTWO (2): FUNDING PROVISIONS  A. Project Funding: The STATE will: not be liable for State funds in excess oft the State's share of the cost hereinafter set forth. Any deficiency in State funds or overrun in construction costs will be borne by the CITY from CITY funds. In the event ofan underrun in construction costs, the State funds will not exceed the actual cost. B. The estimated cost and participation by the various parties is as follows:  FUNDING SOURCE Corporation Industrial Access Funds City Funds TOTAL (Incl CE&I)  ESTIMATED COSTS $2,941,700.00 $  0  $2,941,700.00  Iti is further understood that thisi is a cost reimbursement program and no State funds will be provided to the CITY prior to accomplishment oft the work for which iti is requested. Furthermore, no State funds will be reimbursed for work performed prior toj project Any cost incurred by the CITY relating to this project which is determined to be ineligible for reimbursement by the STATE or in excess oft the limiting amounts previously stated will not be an eligible cost to the project and will be borne and paid by  authorization. the CITY.    Time Limit: This project will commence upon written authorization to proceed from the The approved allocation offunds for projects containing Industrial Access funds shall lapse ifa contract has not been awarded for construction of the project within (12) months oft the date oft the funding approval by the Board and the approved allocation shall be returned to the IARB for re-allocation. A time extension may be approved by the The approved allocation of funds for projects containing Federal Transportation Alternatives Set-Aside funds may lapse ifa project has not been authorized by Federal Highway Administration (FHWA)within (24) months of the date of the funding approval by the Governor and the approved allocation shall be returned to the STATE for re- allocation. A time extension may be approved by the STATE upon formal request by the applicant. Failure to meet other project milestones, as set forth in the TAP Guidelines,  STATE directed to the CITY.  IARB upon formal request by the applicant.  may result in an approved allocation being returned to the STATE.  PART THREE (3): PROJECT SERVICES  A. The CITY will furnish all Right-of-Way for the project. Associated Right-of-Way acquisition costs will not be an eligible cost as part ofthis Agreement. The Right-of-Way acquisition phase is hereby defined as the appraisal fees, appraisal review fees and the All work accomplished under the provisions of this agreement will be accomplished on property owned by or which will be acquired by the CITY in accordance with applicable Federal and state laws, regulations, and procedures. Any exceptions to this requirement must be approved by the STATE in writing prior to incurring costs for which reimbursement is requested by the CITY. In cases where property is leased, or easements obtained, the terms oft the lease or easement will not be less than the expected life of the Acquisition of real property. by the CITY as aj part oft this project will conform to and be in accordance with the provisions of the Federal Uniform Relocation Assistance & Real Property, Acquisition Policies Act (49 CFR 24, Subpart B), all federal environmental Any property acquired shall be in the name oft the CITY with any condemnation or other The CITY shall follow all Federal regulations related to the Management, Leasing, and Disposal of Right-of-Way, uneconomic remnants and excess Right-of-Way as found in CFR 23 $ 710 Subpart D. Proceeds for Leases and Disposals shall be credited to the No change in use or ownership ofreal property acquired ori improved with funds provided under the terms oft this Agreement will be permitted without prior written approval from the STATE or FHWA. The STATE or FHWA will be credited on a prorata share, as provided in Part Two, Section B, any revenues received by the CITY from the B. The CITY will relocate any utilities in conflict with the project improvements in accordance with applicable Federal and State laws, regulations, and procedures. Associated Utility costs will not be an eligible cost as part of this Agreement. C. The CITY will make the Survey, perform the Design, complete the Plans and furnish all Preliminary Engineering for the project with CITY forces or with a consultant approved by the STATE. Associated Survey, Design, Plan Preparation, and Preliminary Engineering costs will not be an eligible cost as part oft this Agreement. Ifany Associated Survey, Design, Plan Preparation, and Preliminary Engineering costs are an eligible cost to the project, the CITY will develop and submit to the STATEa project budget for approval. This budget will be in such form and detail as may be  cost of acquisition incurred.  improvements.  laws, and all other applicable state and federal laws. legal proceedings being performed by the CITY. Project or to the Title 23 Collector Account.  sale orl lease of property.  2    required by the STATE. Atam minimum, all major work activities will be described, and an estimated cost and source of funds will bei indicated for each activity. A signature line will be provided for approval by thel Region Engineer and date ofsuch approval. All cost for which the CITY seeks reimbursement must bei included in a budget approved by the STATE in order to be considered for reimbursement. Budget adjustments may be necessary and may be allowed, subject to the approval of the STATE in writing, in order to successfully carry out the project. However, under no circumstances will the CITY be reimbursed for expenditures over and beyond the amount approved by the STATE. The CITY will undertake the project in accordance with this Agreement, plans approved by the STATE and the requirements, and provisions, including the documents relating thereto, developed by the CITY and approved by the STATE. The plans, including the documents relating thereto, is ofrecord in the Alabama Department ofTransportation and isl hereby incorporated in and made aj part oft this Agreement by reference. Itis understood by the CITY that failure oft the CITY to carry out the project in accordance with this Agreement and approved plans, including documents related thereto, may result int the loss of federal or state funding and the refund of any federal or state funds Projects containing Industrial Access funds or State funds, with no Federal funds involved, shall have completed original plans furnished to the STATE in accordance with the Guidelines for Operations for Procedures for Processing State and Industrial Access Funded County and City Projects, and attached hereto as aj part oft this. Agreement prior D. The CITY will furnish all construction engineering for the project with CITY forces or witha ac consultant approved by the STATE: as part oft the cost oft the project. Construction Engineering, & Inspection cost are not to exceed 15%, without prior approval by the State. Associated Construction Engineering & Inspection costs will be an eligible cost as E. The STATE will furnish the necessary inspection and testing of materials when needed as part oft the cost oft the project. The CITY may request the use of an approved third-party materials inspection and testing provider, as approved by the STATE.  previously received on the project.  to the CITY letting the contract.  part ofthis Agreement.  PART FOUR (4): CONTRACT: PROVISIONS  A. The CITY shall not] proceed with any project work covered under the provisions of this Agreement until the STATE issues written authorization to the CITY to proceed. B. Associated Construction cost will be an eligible cost as part oft this Agreement. For projects let to contract by the STATE, the STATE will bei responsible for advertisement and receipt ofbids, and the award of the Contract. Following the receipt ofbids and prior to the award oft the Contract, the STATE will invoice the CITY fori its proi rata share oft the estimated cost as reflected by the bid oft the successful bidder plus Engineering & Inspection and Indirect Costs (if applicable). The CITY shall pay this amount to the STATE no later than 30 days after the date bids are opened. Failure to do For projects let to contract by the CITY, the CITY shall comply with all Federal and State laws, rules, regulations andj procedures applicable to the advertisement, receipt of bids, and the award oft the contract. The CITY will, when authorized by the STATE, solicit bids and make awards for construction and/or services pursuant to this agreement. The CITY shall not solicit bids until the entire bid package (plans, specifications, estimates, etc.) has been reviewed and approved by the STATE. Following receipt of bids, the CITY will provide all bids to the STATE with ai recommendation for award. The CITY shall not award the contract until it has received written approval from the  sO may lead to the rejection of the bid.  STATE.  3    For projects with approval by the STATE to use CITY Forces, the Construction for the project will be performed by the CITY at actual costs for labor, materials, and equipment, The purchase of project equipment and/or services financed in whole ori inj part pursuant to this Agreement will bei in accordance with applicable Federal and State laws, rules, regulations, and procedures, including state competitive bidding requirements applicable to counties and municipalities in the State of Alabama when the purchase is made by any Ifnecessary, the CITY will: file an. Alabama Department of Environmental Management (ADEM) National Pollutant Discharge Elimination System (NPDES) Notice of Registration (NOR) (Code Chapter 335-6-12) for this project without cost to the State or this project. The CITY will be the permittee ofrecord with ADEM for the permit. The CITY and the contractor will be responsible for compliance with the permit and the State will have no obligation regarding the permit. The CITY will furnish the State (Region) a copy of the permit prior to any work being performed by the contractor. The CITY will secure all permits and licenses ofevery nature and description applicable to the project in any manner and will conform to and comply with the requirements of any such permit or license, and with each and every requirement of any and all agencies, and ofa any and alll lawful authorities having. jurisdiction or requirements applicable to the D. The CITY will comply with the Alabama Department ofTransportation Standard Specifications for Highway Construction, Latest Edition, on this project and will ensure that work associated on this project meets the standards oft the. Alabama Department of Transportation and the project will be built in accordance with the approved plans. E. Subject to the limitations on damages applicable to municipal corporations under. Ala. Code $ 11-47-190 (1975), the CITY shall indemnify, and hold harmless the State of Alabama, the Alabama Department ofTransportation, its officers, officials, agents, servants, and employees from and against (1)claims, damages, losses, and expenses, including but not limited to attorneys' fees arising out of, connected with, resulting from or related to the work performed by the CITY, or its officers, employees, contracts, agents or assigns (2) the provision of any services or expenditure offunds required, authorized, or undertaken by the CITY pursuant to the terms of this Agreement, or (3) any damage, loss, expense, bodily injury, or death, or injury or destruction of tangible property (other than the work itself), including loss ofuse therefrom, and including but not limited to attorneys' fees, caused by the negligent, careless or unskillful acts ofthe CITY its agents, servants, representatives or employees, or the misuse, misappropriation, misapplication, or misexpenditure of any source offunding, compensation or reimbursement by the CITY, its agents, servants, representatives or employees, or F. The CITY will be obligated for the payment of damages occasioned to private property, public utilities or the general public, caused by the legal liability (in accordance with Alabama and/or Federal law) oft the CITY, its agents, servants, employees or facilities. G. Upon completion and acceptance oft this project by the State, the CITY will assume full ownership and responsibility for the project work and maintain the project in accordance  as approved by the STATE.  such entity.  project or to the project activities.  anyone for whose acts the CITY may bel liable.  with applicable State law.  PART FIVE (5): ACCOUNTING PROVISIONS  A. The CITY will, when appropriate, submit reimbursement invoices to the STATE for work performed in carrying, out the terms oft this Agreement. Requests for reimbursement will be made on forms provided by the STATE and will be submitted through the Region Engineer for payment. The CITY may invoice the STATE: not more often than once per month for the funds due for work performed under this Agreement. Invoices for payment will be submitted in accordance with state law and will indicate that the payment is due,  4    true, correct, unpaid, and the invoice will be notarized. Invoices for any work performed under the terms oft this agreement will be submitted within twelve (12) months after the completion and acceptance by the STATE for the work. Any invoices submitted after B. The CITY will not assign any portion oft the work to be performed under this Agreement or execute any contract, amendment or change order thereto, or obligate itselfi in any manner with any third party with respect to its rights and responsibilities under this Agreement, without the prior written approval of the STATE. 1 The CITY will establish and maintain a cost accounting system that must be adequate and acceptable to the STATE as determined by the auditor oft the STATE. All charges to the Project will be supported by properly executed invoices, contracts, or vouchers, as applicable, evidencing in proper detail the nature and propriety oft the charges, in accordance with the requirements of the STATE. All checks, invoices, contracts, vouchers, orders or other accounting documents pertaining in whole ori in part tot the project will be clearly identified, readily accessible and to the maximum extent The CITY will report to the STATE the progress oft the project in such manner as the STATE: may require. The CITY will also provide the STATE any information requested by the STATE regarding the project. The CITY will submit to the STATE financial statements, data, records, contraçts and other documents and items of any respect related The CITY will permit the STATE, the Comptroller General of the United States, and the Secretary of the USDOT, or either of them or their respective authorized representatives, to inspect, at any time, vehicles and equipment utilized or usedi in performance ofthe project; any and all data and records which in any way relate to the project or to the accomplishment of the project. The CITY will also permit the above noted persons to audit the books, records and accounts pertaining to the project at any and all times, and the CITY will give its full cooperation to those persons or their authorized The CITY will comply with all audit requirements set forth in the 2 CFR Part 200 requirements, or the most current version of those requirements under federal law. D. The CITY will retain all books, records, and other documents relative to this Agreement fora ai minimum oft three (3)years after project termination, expiration of Federal interest, or close out, and the STATE, the Comptroller General oft the United States, and the Secretary of the USDOT, or either oft them or their respective authorized representatives, will have full access to, and right to examine any ofs said materials at all reasonable times E. Any user fee or charge to the public for access to any property or services provided through the funds made available under this agreement, if not prohibited by a Federal, State or local law, must be applied for the maintenance and long-term upkeep oft the F. An audit report must be filed with the Department of Examiners of] Public Accounts, upon receipt by the CITY, for any audit performed on this project in accordance with Act  this twelve-month period will not be eligible for payment.  feasible, kept separate and apart from all other such documents.  to the project as may be requested by the STATE.  representatives, as applicable.  during said period.  project authorized by this agreement.  No. 94-414.  PART SIX (6): MISCELLANEOUS PROVISIONS  A. By entering into this agreement, the CITY is not an agent oft the STATE, its officers, employees, agents or assigns. The CITY is an independent entity from the STATE and nothing in this agreement creates an agency relationship between the parties. B. Iti is agreed that the terms and commitments contained in this agreement shall not be constituted as a debt oft the State of Alabama in violation of Article 11, Section 213 of the Constitution of Alabama, 1901, as amended by Amendment 26. It is further agreed that if  5    any provision oft this agreement shall contravene any statute or Constitutional provision or amendment, either nowi in effect or which may, during the course oft this agreement, be enacted, then the conflicting provision in this agreement shall be deemed null and void. Bys signing this contract, the contracting parties affirm, for the duration oft the agreement, that they will not violate Federal immigration law or knowingly employ, hire for employment, or continue to employ an unauthorized alien within the State of Alabama. Furthermore, a contracting party found to bei in violation oft this provision shall be deemed in breach oft the agreement and shall be responsible for all damages resulting D. No member, officer, or employee oft the CITY during their tenure of employment, and for one year thereafter shall have any interest, direct or indirect, in this Agreement ort the E. The terms of this Agreement may be modified by revision oft this Agreement duly F. This agreement may be terminated by either party upon the delivery ofat thirty (30) day G. Nothing shall be construed under the terms oft this Agreement that shall cause any H. Exhibits E, H, M, and N arel hereby attached to and made aj part oft this Agreement.  therefrom.  proceeds, profits, or benefits therefrom. executed by the parties hereto. notice oftermination.  conflict with Section 23-1-63, Code of Alabama, 1975.  6    IN WITNESS WHEREOF, the parties hereto have caused this Agreement tol be executed by those officers, officials and persons duly authorized to execute same, and the Agreement is deemed to be dated and tol be effective on the date hereinafter stated as the date ofits  approval by the Governor of Alabama.  ATTEST:  City ofl Enterprise, Alabama As Mayor (Signature) Type Name ofl Mayor  By:.  By:  City Clerk (Signature) Type Name of Clerk (AFFIX SEAL)  This contract has been legally reviewed and approved as to form.  By:  Legal Counsel for  Alabama Department ofTransportation  RECOMMENDED FOR APPROVAL:  Steven C. Graben, P.E. Southeast Region Engineer  Bradley B. Lindsey, P.E. State Local Transportation Engineer  Edward N. Austin, P.E. Chief Engineer  STATE OF ALABAMA, ACTING BY AND THROUGH THE. ALABAMA DEPARTMENT OF TRANSPORTATION  John R. Cooper, Transportation Director  THE WITHIIN AND FOREGOING AGREEMENT IS HEREBY EXECUTED AND  SIGNED BYTHE GOVERNOR ONT THIS  DAYOF.  20  KAYIVEY 7  GOVERNOR, STATE OF ALABAMA    RESOLUTIONNUMBER  BEITRESOLVED, by the City of] Enterprise as follows:  That the City enter into an agreement with the State of Alabama, acting by and through the Turn lane, drainage improvements, and access road from North Main St. (US-84) into Enterprise Commerce Park to benefit Project Panama; Project# IAR-016-000-025; CPMS Which agreement is before this Council, and that the agreement be executed in the name oft the City, by the Mayor for and on its behalf and that it be attested by the City Clerk and the official BE IT FURTHER RESOLVED, that upon the completion of the execution of the agreement by I, the undersigned qualified and acting Clerk oft the City of] Enterprise, Alabama, do hereby certify that the above and foregoing is a true copy of a resolution lawfully passed and adopted by the City named therein, at a regular meeting of such Council held on the  Alabama Department ofTransportation relating to a project for:  Ref# 100079120.  seal oft the City be affixed thereto.  all parties, that a copy of such agreement be kept on file by the City.  day of  20  and that such resolution is on file in the City Clerk'sOffice.  ATTESTED: City Clerk  Mayor  day of the Minute Book of the City.  20  and that such resolution is oft record in  IN WITNESS WHEREOF, ,Ihave hereunto set my hand and affixed the official seal of the City  on this  day of  20  City Clerk  (AFFIX SEAL)  8    STD CONTRACT EXHIBITS  REV. 9/19/16  EXHIBIT E  TERMINATION OR ABANDONMENT  a. The STATE has the right to abandon the work or to amend its project at any time, and such action on its part shall in no event be deemed al breach of contract. b. The STATE has the right to terminate this AGREEMENT ati its sole discretion without cause and make settlement with the CITY upon an equitable basis. The value of the work performed by the CITY prior to the termination ofthis AGREEMENT shall be determined. In determining the value of the work performed, the STATE shall 1. The ratio ofthe amount ofwork performed by the CITY prior to the termination of the AGREEMENT to the total amount of work contemplated by this 2. The amount oft the expense to which the CITY is put in performing the work to be terminated in proportion to the amount of expense to which the CITY would have been put had he been allowed to complete the total work contemplated by the AGREEMENT, less any payments previously made. In determining the value of the work performed by the CITY prior to the termination, no consideration will be given to profit, which the CITY might have: made on the uncompleted portion oft the work. Ifthe termination is brought about as ai result of unsatisfactory performance on the part of the CITY, the value of the work performed by the CITY prior to termination shall be fixed solely on the ratio of the amount of such work to the total amount of work contemplated by this  consider the following:  AGREEMENT less any payments previously made.  AGREEMENT.  CONTROVERSY  In any controversy concerning contract terms, or on a question of fact in connection with the work covered by this project, including compensation for such work, the decision of the Transportation Director regarding the matter in issue or dispute shall be final and conclusive of all parties.  CONTRACT BINDING ON SUCCESSORS AND ASSIGNS  a. This contract shall be binding upon the successors and assigns ofthe respective parties b. Should the AGREEMENT be terminated due to default by CITY, such termination shall be in accordance with applicable Federal Acquisition Regulations.  hereto.  9    STD CONTRACT EXHIBITS  REV. 9/19/16  EXHIBIT H Page 1  EOUAL RIGHTS PROVISIONS agrees as follows:  During thej performance ofthis contract, the CITY fori itself, its assignees and successors: ini interest  a. Compliance with Regulations  The CITY will comply with the Regulations of the Department of Transportation relative to nondiscrimination in federally-assigned programs of the Department of Transportation (Title 49, Code of Federal Regulations, Part 21, as amended by 23 CFR 710-405(b), hereinafter referred to as the Regulations), which are herein During the performance ofthis contract, the contractor, for itself, its assignees, and successors in interest (hereinafter referred to as the "contractor") agrees to comply with the following non-discrimination statutes and authorities; including but not Title VI of the Civil Rights Act of 1964 (42 U.S.C. $2000d et. seq., 78 stat. 252), (prohibits discrimination on the basis ofr race, color, national The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970,(42 U.S.C. $ 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal-Aid Highway Act of 1973,(23 U.S.C. $324 et seq.), (prohibits Section 504 ofthe Rehabilitation Act of 1973, (29 U.S.C. $794 et seq.), as amended, (prohibits discrimination on the basis of disability); and 49 The Age Discrimination Act of 1975, as amended, (42 U.S.C. $6101 etseq.), (prohibits discrimination on the basis of age); Airport and Airway Improvement Act of 1982, (49 USC $471, Section 47123), as amended, (prohibits discrimination based on race, creed, The Civil Rights Restoration Act of 1987,(PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs or activities" to include all of the programs or activities ofthel Federal-aid recipients, sub-recipients and contractors, whether such] programs or activities arel Federally funded or not); Titles II and III ofthe. Americans with Disabilities Act, which prohibit discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. SS 12131- 12189) as implemented by Department ofTransportation regulations  incorporated by reference and made aj part oft this contract.  limited to:  Pertinent Non-DiscriminationAuthorities: origin); and 49 CFR Part 21.  Federal or Federal-aid programs and projects); discrimination on the basis ofsex);  CFR Part 27;  color, national origin, or sex);  at49 C.P.R. parts 37and 38;  10    STD CONTRACT EXHIBITS  REV. 9/19/16  EXHIBITH Page 2  The Federal Aviation Administration's Non-discrimination statute (49 U.S.C. $ 47123) (prohibits discrimination on the basis of race, Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations, which ensures nondiscrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority Executive Order13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of limited English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure that LEP persons have meaningful access tos your programs (70Fed. Reg. at' 74087to 74100); Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education  color, national origin, and sex);  and low-income populations;  programs or activities (20U.S.C. 1681 et: seq).  b. Nondiscrimination  In accordance with Title VI oft the Civil Rights Act, as amended, 42 U.S.C. $ 2000d, Section 303 oft the Age Discrimination Act of 1975, as amended, 42 U.S.C. $ 6102, Section 202 oft the Americans with Disabilities Act of 1990, 42 U.S.C. $ 12132, and Federal transit law at 49 U.S.C. $ 5332, the CITY agrees that it will not discriminate against any employee or applicant for employment because of race, color, creed, national origin, sex, age, or disability. The CITY will not] participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the Regulations, including employment practices where the contract covers a program set forth in The CITY will comply with all provisions of Executive Order 11246 of September 24, 1965 as amended by Executive Order 11375, and of the rules, regulations (41 In all solicitations either by competitive bidding or negotiation made by the CITY for work to be performed under a subcontract, including procurements of materials or leases of equipment, each potential subcontractor, supplier or lessor shall be notified by the CITY ofthe CITY'S obligation under this contract and thel Regulations relative tor nondiscrimination on the ground ofr race, color, religion, sex or national origin. The CITY will provide all information and reports required by the Regulations, or orders andi instructions issued pursuant thereto, and will permit access to its books,  Appendix B oft the Regulations.  CFR, Part 60) and relevant orders of the Secretary ofLabor.  C. Solicitations  d. Information and Reports  11    STD CONTRACT: EXHIBITS  REV. 9/19/16  EXHIBIT H Page 3  records, accounts, other sources ofinformation and its facilities as may be determined by the STATE or the Federal Highway Administration to be pertinent to ascertain compliance with such Regulations, orders and instructions. Where any information required of a CITY is in the exclusive possession of another who fails or refuses to furnish this information, the CITY shall sO certify to the STATE, or the Federal Highway Administration as appropriate, and shall set forth what efforts it has made In the event of the CITY'S noncompliance with the nondiscrimination provisions provided for herein, the STATE shall impose such contract sanctions as it may 1. withholding of payments to the CITY under contract until 2. cancellation, termination or suspension oft the contract, in whole  to obtain the information. Sanctions for Noncompliance  determine to be appropriate, including but not limited to,  the CITY complies, and/or ori inj part.  . Incorporation of] Provisions  The CITY will include the foregoing provisions a. through f. in every subcontract, including procurements ofr materials and leases of equipment, unless excepted by the Regulations, orders or instructions issued pursuant thereto. The CITY will take such action with respect to any subcontract, procurement, or lease as the STATE: may direct as a means of enforcing such provisions, including sanctions for noncompliance; provided, however, that in the event a CITY becomes involved in, or is threatened with, litigation with subcontractors, suppliers, or lessor as a result of such direction, the CITY may request the STATE to enter into such litigation to protect the interest Equal Employment Opportunity The following equal employment opportunity 1. Race. Color, Creed. National Origin, Sex In accordance with Title VII of the Civil Rights Act, as amended, 42 U.S.C. $ 2000e, and Federal Transit laws at 49 U.S.C. $ 5332, the CITY agrees to comply with all applicable equal employment requirements ofU.S. Department of Labor (U.S. DOL) regulations, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor," 41 C.F.R. Parts 60 et seq., (which implement Executive Order No. 11246, "Equal Employment Opportunity," as amended by Executive Order No. 11375, "Amending Executive Order 112461 Relating tol Equal Employment Opportunity," 42 U.S.C. $ 2000e note), and with any applicable Federal statutes, executive orders, regulations, and Federal policies that may in the future affect construction activities undertaken int the course oft thel Project.  of the STATE.  requirements apply to the underlying contract:  12    STD CONTRACT EXHIBITS  REV. 9/19/16  EXHIBIT H Page 4  The CITY agrees to take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, creed, national origin, sex, or age. Such action shall include, but not limited to, the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. In addition, the CITY agrees to comply 2. Age - In accordance with Section 4 of the Age Discrimination in Employment Actof1967, as amended, 291 U.S.C. $ 623 and Federal transit law at 49 U.S.C. $ 5332, the CITY agrees to refrain from discrimination against present and prospective employees for reason ofage. In addition, the CITY agrees to comply with anyi implementing requirements FTA may 3. Disabilities In accordance with Section 102 of the Americans with Disabilities Act, as amended, 42 U.S.C. $ 12112, the CITY agrees that it will comply with the requirements ofU.S. Equal Employment Opportunity Commission, "Regulations to Implement the Equal Employment Provisions of the Americans with Disabilities Act,"2 29 C.F.R. Part 1630, pertaining to employment of persons with disabilities. In addition, the Contractor agrees to comply with any implementing requirements FTA  with any implementing requirements FTA may issue.  issue.  may issue.  COST PRINCIPLES  The STATE'S cost principles for use in determining the allowability ofany item ofcost, both direct and indirect, in this AGREEMENT, shall be the applicable provisions of Volume I, Federal Acquisition Regulations, Parts 30 and 31. The CITY shall maintain costs and supporting documentation in accordance with the Federal Acquisition Regulations, Parts 30 and 31 and other Regulations referenced with these Parts where applicable. The CITY shall gain an understanding ofthese documents and regulations. The applicable provisions oft the above referenced regulations  documents are hereby incorporated by reference herein as iff fully set forth. EXECUTORY CLAUSE AND NON-MERIT SYSTEMSTATUS  a. The CITY specificallyagrees that this AGREEMENT shall be deemed executory only to the extent of moneys available, and no liability shall be incurred by the STATE  beyond the moneys available for this purpose.  13    STD CONTRACT: EXHIBITS  REV. 9/19/16  EXHIBIT H Page5 5  b.  The CITY, in accordance with the status ofCITY as an independent contractor, covenants and agrees that the conduct of CITY will be consistent with such status, that CITY will: neither hold CITY out as, or claim to be, an officer or employee of the STATE by reason hereof, and that CITY will not, by reason hereof, make any claim, demand or application to or for any right or privilege applicable to an officer or employee of the STATE under the merit system or any other law of Alabama, including but not limited to workmen's compensation coverage, or retirement membership or credit or any. Federal employment law. This paragraph also applies  inl like manner to the employees of CITY.  CITYS' CERTIFICATIONS  The CITY by acceptançe of this contract certifies that the rates or composition of cost noted in Article IV-PAYMENTS arel based on the current actual hourly rates paid to employees, estimated non- salary direct cost based on historical prices, the latest available audited indirect cost rate, and estimated cost ofreimbursements to employees for travel (mileage, per diem, and meal allowance) based on the current policy of the CITY. The CITY agrees that mileage reimbursements for use ofcompany vehicles is based on the lesser of the approved rate allowed by the General Services Administration oft the United States Government or the reimbursement policies oft the CITY at the time ofexecution oft the AGREEMENT. The CITY agrees that no mileage reimbursement will be allowed for the purpose of commuting to and from work or for personal use of a vehicle. The CITY agrees that thej per diem rate will bel limited to the rate allowed by the STATE at the time of execution oft the AGREEMENT. The CITY agrees that ai meal allowance shall be limited to CITY employees while in travel status only and only when used in lieu ofaj per diem rate.  The CITY shall submit detailed certified labor rates as requested, and in a timely manner, to the External Audits Section of the Finance and Audits Bureau of The Alabama Department of Transportation. The CITY agrees that material differences between rates submitted with a proposal and rates provided as certified for the same proposal are subject to adjustment and  reimbursement.  14    STD CONTRACT EXHIBITS  REV. 9/19/16  EXHIBIT: M  CERTIFICATION: FOR FEDERAL-AID CONTRACTS: LOBBYING  This certification is applicable to the instrument to which it is attached whether attached directly Thej prospective paricipantreceipient, by causing the signing ofand the submission of this Federal contract, grant, loan, cooperative AGREEMENT, or otheri instrument as might be applicable under Section 1352, Title 31, U. S. Code, and the person signing same for and on behalf of the prospective participantrecipient each respectively certify that to the best of the knowledge and belief oft the prospective participant or recipient and oft the person signing for and on behalf oft the a. No Federal appropriated funds have been paid or will be paid, by or on behalf of the prospective participantrecipient or the person signing on behaif of the prospective participantrecipient as mentioned above, to any person fori influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee ofCongress, or an employee ofal Member ofCongress in connection with the awarding ofa any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification ofa any Federal contract, grant, loan, b. Ifany funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, ai member of Congress, an offiçer or employee of Congress, or an employee ofa Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, or other instrument as might be applicable under Section 1352, Title 31, U. S. Code, the prospective participantrecipient shall complete and submit Standard Form- LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission oft this certification is aj prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U. S. Code. Any person who fails to file the required certification shalll be subject to acivil penalty of not less than $10,000 and The prospective participantrecipient also agrees. by submitting this Federal contract, grant, loan, cooperative agreement or other instrument as might be applicable under Section 1352, Title 31, U.S. Code, that the prospective participantrecipient shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such  ori indirectly with other attachments to such instrument.  prospective participantrecipient, that:  or cooperative agreement.  not more than $100,000 for each such failure.  subrecipients shall certify and disclose accordingly.  15    STD CONTRACT EXHIBITS  REV. 9/19/16  EXHIBITN  FUNDS SHALL NOT BE CONSTITUTED ASAI DEBT  Iti is agreed that the terms and commitments contained herein shall not be constituted as a debt of the State of Alabama in violation of Article 11, Section 213 ofthe Constitution of Alabama, 1901, as amended by Amendment Number 26. It is further agreed that if any provision of this AGREEMENT shall contravene any statute or Constitutional provision ofamendment, either now in effect or which may, during the course oft this AGREEMENT, be enacted, then the conflicting When considering settlement of controversies arising from or related to the work covered by this AGREEMENT, the parties may agree to use appropriate forms ofnon-binding alternative dispute  provision in the AGREEMENT shall be deemed null and void.  resolution.  TERMINATIONJ DUE' TO INSUFFICIENT FUNDS  a. Ifthe agreement term is to exceed more than one fiscal year, then said agreement is subject to termination in the event that funds should not be appropriated: for the continued payment b. In the event of proration oft the fund from which payment under this AGREEMENT is to  oft the agreement in subsequent fiscal years.  ber made, agreement will be subject to termination.  NOGOVERNMENT OBLIGATIONTO1 THIRD PARTY CONTRACTORS  The STATE and CITY acknowledge and agree that, notwithstanding any concurrence by the Federal Government in or approval of the solicitation or award oft the underlying contract, absent the express written consent by the Federal Government, the Federal Government is not aj party to this contract and shall not be subject to any obligations of or liabilities to the STATE, CITY, or any other party (whether or not aj party to that contract) pertaining to any matter resulting from the The CITY agrees to include the above clause in each subcontract financed in whole or in part with Federal assistance provided to FHWA. It is further agreed that the clause shall not be modified,  underlying contract.  except to identify the subcontractor who will be subject to its provisions.  16    STATE OF ALABAMA DEPARTMENT OF TRANSPORTATION GUIDELINES FOR OPERATION  SUBJECT: PROCEDURES FOR PROCESSING STATE AND INDUSTRIAL  ACCESS FUNDED COUNTY AND CITY PROJECTS  No work can be performed and no contracts can be let prior to having a fully executed project agreement, submittal of project plans to Region and notification from the Region that advertisement for bids can be made, or, in the case of force  account projects, work can begin.  A] project agreement will be prepared and furnished to the County/City upon receipt of grant award letter signed by the Director or Governor. The Region will prepare and submit a F-7A Budget Allotment request upon receipt of a project funding agreement at the time it is submitted to the County/City for their execution. The County/City will submit plans prepared and signed by a registered professional engineer showing work to bej performed. Plans must match the project agreement description. Iti is not necessary for the Region to perform an in-depth review of plans. The County/City will submit a certification signed by a Registered Professional Engineer stating that the plans have been prepared so that all items included in the plans meet. ALDOT specifications. The County/City will include a letter certifying that the County/City owns all right-of-way on which the project is Upon receipt of the executed agreement, the executed F-7A, final plans from the County/City, and right-of-way certification, the Region may notify the County/City to proceed with advertising the project for letting or proceed with work in the case In the case where a County/City is using an inplace annual bid, the County/City will furnish the Region a copy of their bid and this bid price will be used for  to be constructed.  ofai force account project.  reimbursement.  1-20  Rev. 10/2017  17    Where the County/City is letting a contract locally, the County/City will furnish to the Region the three lowest bids with their recommendation for award. The Region will review thel bids, and, ifi in order, advise the County/City toj proceed with award oft the contract to thel lowest responsible bidder. The County's/City's estimate for reimbursement will be based on the bid prices concurred in by the State and supported with documentation that the contractor has been paid for work performed (copy of cancelled check). A certification will be submitted with County/City final estimate stating that the project was constructed in accordance with final plans submitted to the State and with the specifications, supplemental specifications, and special provisions which were shown on the plans or with the State's latest specifications which were applicable at the time of plan The County/City will notify the Region when the project is complete and the Region will perform ai final ride-through to determine whether the project was completed in substantial compliance with original final plans. Final acceptance will be made by the Region with a copy of the letter furnished to the Bureau ofLocal Transportation. All required test reports, weight tickets, material receipts and other project documentation required by the specifications, applicable supplemental specifications, and special provisions willl be retained by the County/City for a period of three (3) years following receipt of final payment and made available for audit by the State upon request. Ifan audit is performed and proper documentation is not available to verify quantities and compliance with specifications, the County/City will refund the project cost to the State or All County/City Industrial Access or State funded projects let to contract by the State will follow normal project procedures and comply with all current plan processing  approval.  do whatever is necessary to correct the project at their cost.  requirements.  RECOMMENDED FOR. APPROVAL:  BUREAU CHIEF/REGION -  ENGINEER  APPROVAL: Siall  CHIEF ENGINEER  APPROVAL:  NONEMBER. 1,20n DATE  AL  1-20  Rev. 10/2017  18    RESOLUTION 07-16-24-A EXCESSIVE WEED GROWTH  Al RESOLUTION: DECLARING CERTAIN PROPERTIES. A PUBLIC NUISANCE WHEREAS, the following properties are overgrown with weeds, scrub, wild bushes, grass or other vegetable growth which bear seeds ofa wingy or downy nature or which attain such growth oftwelve (12) inches ort taller which becomes a fire menace when dry or are otherwise noxious or dangerous;  204 W Adams Street Parcel 191 1605163003 034.000 SW 70FTTOP.0.B. 406 Dixie Drive Parcel 19: 16021 104 002 007.000 LOT: 10 BLI DF FOREST PARK SUBD 502SOuida Street Parcel 19: 16052 223002 009.000 GREEN ACRES SUBD BLKBL LOT 11 INI ENTERPRISE  ONE 1OTH5W140FSW14DBC AS FOLLOWS: BEG.NRWA ADAMS AVE. 176FNEOFSAWAWISST: THI RUNI NW2 210FTTHNE70FTTHSW/210FTTH  WHEREAS, said conditions are injurious tot the general public health, safety and welfare by providing breeding grounds and shelter for rats, mice, mosquitoes and other vermin, insects and pests, by causing the spread of weeds, by hiding debris, such as broken glass or metal, which could inflict injury on any WHEREAS, said conditions are unsightly and diminish the property value of neighboring properties, and WHEREAS, efforts to get the property owners to correct the above deficiencies have been in vain. NOW, THEREFORE, BE ITI RESOLVEDI by the City Council oft the City of Enterprise, Alabama as Section 1. Itis! hereby declared that the above listed properties arei injurious to the health, safety and welfare oft the community or a portion thereof, and therefore are nuisances and should be abated. Section 2. That a public hearing on this matter shall be held at the regularly scheduled meeting oft the Enterprise City Council, in the Enterprise Civic Center, 2401 Neil Metcalf Road, Enterprise, Alabama, at 6:00 p.m. on the 20" day of August, 20241 for the City Council tol hear any objections and vote to abate the  person going upon the property, and  follows:  nuisances.  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  ATTEST:  Council Member Scotty. Johnson  Beverly Sweeney City Clerk    RESOLUTION 07-16-24-B  ACCEPTING STREETS AND OTHER PUBLIC ASMEPTIINPAOYIINIS  COLLEGE GARDENS SUBDIVISION, PHASEI  WHEREAS, thel Enterprise Planning Commission and City Staff have reported to the Council that as to College Gardens Phase ISubdivision, they recommend the approval and acceptance of the dedication of streets and other public easements/improvements which are expressly shown as public dedications on the NOW, THEREFORE, be it resolved in accordance with Ordinance 06-02-20-A, the City Council does accept for maintenance the streets and other public easementyimpovemens which are expressly shown on the final plat of College Gardens Phasel ISubdivision as public dedications, as set out int the July 10, 2024 letter from" Thomas Hardy to the Council, said letter incorporated by reference herein asi ifstatedi in  final plat ofs said subdivision, for city maintenance;  full.  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    TSE.  City of Enterprise  Department of Engineering Services & Public Works  501 SMain Street Enterprise, Alabama36330 Phone (334): 348-2671 mgmeringeamtpisagen  OF PROS  July 10, 2024  Enterprise City Council Members City of Enterprise Enterprise, Alabama Council Members:  The Enterprise Planning Commission held a public hearing on July 9,  2024, to consider and act upon the following request:  A request by Ron Reeves with Reeves Engineering & Construction, LLC, for final plat approval ofCollege Gardens Subdivision, Phase  I,located on College Street.  The Enterprise Planning Commission recommends the approval and acceptance of the dedication of the streets and other public asements/mprovements for maintenance "unless noted or shown otherwise", but subject to applicable warrantes/oblgations of developer.his/her/ther/theirsucessors or assigns pera applicable ordinances, resolutions, subdivision regulations or other rules of the City for College  Gardens Subdivision, Phase I.  Sincerely,  htzel Thomas Hardy  Assistant Director of Engineering Services    City of Enterprise  Department ofl Engineering Services & Public Works  501SMain Street Enterprise, Alabama 36330 Phone (334)348-2671 gcegeeNepisNgee  OF PROS  MEMORANDUM  TO: FROM: DATE: RE:  Enterprise City Council  Thomas Hardy, Assistant Director ofl Engineering  7/3/2024 Street Light Request  This letter is a request for approval of new street lights on Pistol Drive, as follows:  Install seven (7) 40W" Type II Gray fixtures and poles.  The monthly billing rate is estimated at $203.42, for an: annual cost of  $2,441.04.    ALABAMA AS SOUTHERN COMPANY County Coffee Alt Ta/334-348-2650  Lighting Services NESCO Lease Agreement Governmental-S)  POWER  Customer Legal Name CITY OF ENTERPRISE Service Address 0 STREET LIGHTS ENTERPRISE, AL. 36330 Mailing Address_ POI BOX 311000 ENTERPRISE, AL. 36331  DBA PISTOL DRIVE  Email TaxID  Te1334-347-1211  Business Description Other General Government Support  Existing Customer? Yes D NoD IfYes (andi ifp possible), does Customer want Yes NoD Existing Account 00247-75040  Equipment added to ane existing: account?  Fori informational; purposes only  Equipment  OHI M Equipment Estimated UG UM Amount ($) Regulated  Estimated Monthly  Qty Wattage Type (1) 7 40 Area  Description  Charge ($)* Charge ($)  5,200-7,200 Lumens Type IIGray OH UM  (2) (3) (4) (5) (6) 7) (8) (9) (10)  Monthly Total"* $197.19  $6.23  $203.42  Project Notes: Install fixtures asl listed above and associated equipment.  Initial Term 36  months  Prepaid Amount  $0  The Regulated Charge is subject to change ata any time as dictated by the Alabama Public Service Commission. The amount showni is ane estimate basedo ont the Unmetered Outdoor Lighting (ODL) rate in effecta att time ofAgreement) proposal; actual charges mey vary.  Customer agrees tol lease the Equipment referenced abovet from Alabama Power Company ont the attached terms and conditions and authorizes all  actions noted above. Customer Authorized Signature Sign Here Print Name Print Title  Date  Alabama Power Company Sign Here Print Name Print Title  Date  APC Internal Use Only APC Reference Number (if applicable):  Pageiot2  Rev. 05112017    TERMS and CONDITIONS (NESC Governmental-s)  1. Lighting EsuigmantLease. This LeaseA Agreement "Agreement") statest the agreed! terms and conditions upony which Alabamal Power Company ("APC"), will: ()leaset to" "Customer" (identifled on Page 1)the" "Equipment" referenced anf Page 11 for use att thes stated" "ServiceA Address" (the" "Premises"); and (i), provide electrics service toc operatet the Equipment. The' Equipment" includes all poles, bases, wiring, conduit, fixtures, controls, and relatedi items necessary top provide lighting service through thel listed fixtures, unless expresslyr noted otherwise! In" Prolect Notss." Customer acknowledges that regulatory change duringt the 2. Intent and Title. This Agresment! Isn nota as sale oft the Equipment to Customer. Customer expressly acknowledgest that APCI retains title tot the Equipments and agreest that this Agreement only gives Customer the right tot uset the Equipmento duringt the Agreement term, so! long as Customer complles with allt terms and conditions. Customer acknowledges that the Equipment, although attached to realp property, always will remain the exclusive personal property of APCa and thatA APC may remove the Equipment when this Agreement ends. Customer Buthorizes APC, without further consent ors action, tof file any UCCf fnancing statement ors security agreement relatingt to the Equipment: ands agreest that APCI mayr record those documents.. APC makes nor representation orv warranty regarding treatment oft this transaction byt the! Internal Rovenue Sorvice or the status oft thls Agreement under any federal or state tax! law; Customer enters Intot this Agreement ins sole Term- Thei initial Agreement termi Iss stated on Page1 1, calculated from the date oft thef first monthly! bil, After the initial term, this Agreementa automatically renews ona month-to-month basis untilt terminated bye either party by providing written notice ofi intent tot terminate tot thec other party atl least 30d days before the desired termination date. APC'sa address forr noticei is P.O. Box 2641, Birmingham, Alabama 35203; Customer's mailing address isr noted on Page 1. 4. Payment. APC willl Involce Customer pert thet terms stated on Page 1,5 subject to any change int the electics service charge dictated! byt the Alabamal Public Service Commission, Customer agreest top pay the amount! billed! byt the due date (20 days after bilingo date). Applicablet taxes included int the Equipment price ares subject to change ata any! time. Ifab balancei is outstanding pastt the due date, Customer agrees top pay theg greater of1 1.5% oft theu unpaid balance or $2.00 and acknowledges that APCI may require Customer top payad deposito ofupt tot twot timest the Estimated! Monthly Charge! Inc order toc continue service. Ifapplicable, Customer must provide ac copy 5. Premisos Activity. Customer grants al Hcense andr rght ofa access to APC, and! is contractors and representatives, toe enter thef Premises withy vehicles ande equipment to: ()instal and connect the Equipment and, ife applicable, remove ord disconnect existing equlpment (collectively, the' "Installation"); (i) inspect, maintain, test, replace, repair, or remove thet Equlpment; (li), providee electric service fort the Equipment; or (Mconducta any other Agreement-elated: activity (tems- (M)collectively. the" "APCA Activity"). Customer willr noto cause orp permita anyo obstruction thatr mayi interfere with APC's access tot the! Equipment. Customer representst that thei individual sgningt this Agreement oni its behalf has authority toc dos sO andt thati ithase express authority from 8 Premises owners (and anyo other partyv with rights! Int the Premises)t toe enter into this Agreement and to authorize the APC/ Activity. Customer Is solelyr responsible for safety ofthe Premises and agreest that APCI has no obllgation to ensuret the safety oft the Premises org persons or property entering onto Customer's Premises. Installation. Customer represents that: @theF Premises' finalg grade willy vary nor more than 6b inches from the grade existing att thet time of! Installation; and (I): applicable and requiredf for proper Installation, Premises propertyl lines will! bec clearly marked! before! Installation. Customer Work. #FAPC, upon Customer's request, allows Customert top perform any part ofthel Installation (Includingt trenching) itself or througha at third party, Customer warrants that thev work wilr meet APC's installation specifications (which APC will providet to Customer anda arel incorporated byt this reference). Customer Is responsiblet for all reasonable additional cosis arisingf from Customer's non-compllance with APC's spocifications orl lack oft timely (ie. B. Underground Faclliy/Ohstruction! Not Sublect to Dlg Law. Because APC Activity may require excavation nots subjectt tot the Alabama's Underground Prevention Legislation (Ala. Code 43A51-3A51PDI Law), Customer must mark any private utility or facility (e-g., gas/v waterlsewer line; irigation faclity; low voltage data/communkeation! line) or other underground obstruction att the Premises that Is not subject tot the Digl Law. IFAPC causes orb Incurs damage duet to Customer's failuret to mark a privatef facilty ord obstruction before APC commences Installation, Customeri is responsiblef for Unforeseen Condition. Thee estimated charges shown on Page 1 includer noe allowancet fors anys subsurfacer rock, wetland, undergrounds stream, buried waste, unsuitables soll, underground obstruction, archeological artifact, burial ground, threatened ore endangered: species, hazardous substance, eto. not properlyr marked orb identifed "Unforeseen Condition"). IFAPC encounters an Unforeseen Condition, APC,n its sole discretion, may stop all APCActivity until Customer elthers remedies thec condition ore agrees tor reimburse all APC costs arisingf from the condition. Customer is responsible for allo costs of Equlpmentr modification ord change requested by Customer or dictated byan Unforeseen Condition or crcumstance outside APC's control. 7. Equlpment Protection and Damage. After Installationa andt throughout this Agreement's term, Int the event ofe any work or diggingr neart the Equipment, Customer (or any person or entity working on Customer's! behalf): must: ()provide notices andi locater requests by callingA Alabama 811 or 1-800-292-8525; and () provide notices toc other utilities orc operators as requlred byt the Dig! Law. Asb between Customer and/ APC, Customer is responsible for alld damages arisingf fromf fallure toc comply with Verification of Equlpment Installed. Each party will appoint representative(s) (the Representative), to verlfy the completion oft the Installation by counting the upgraded equipment (he" "Equipment Count"). Int the event thatt the Equipment Count is not completed withint thirty (30) days ofc completion, biling, willl beu updated based on APC's installation completion count unti such time as verification can be completed. Any discrepancies will be mutually resolved and billing will be B. Maintenance. Duringt this Agreement's term, APC wil maintain the Equipmente and will beart the cost ofr routine repairc or replacement. Customer must notify APCof 10. DIsclatmer: Damages. APCI makes no covenant, warranty, orr representation ofs anyl kind (including warranty off fitness for ap particular purpose or of merchantablity) regarding tho Equipment ora any APC Activity. Customer also acknowledges that, duet to thev unique characteristics ofthe Premises, Customer's needs, ore Equipment choloe, thet Equipment may notf follow! IESNAg guidelines. Customer waives any right to consequential, speclal, indiroct, treble, exemplary, incidental, punitive, loss oft buslness reputation, or loss of use (Including! loss ofr rovenue, profits, or capital costs) damages! In connection with the Equipment ort this Agreement, ore arising from damage, hindrance, or delay Involving the Equipment art this Agreement, whether orr notr reasonable, 11. Indemnity. Tot thef fulleste extent allowed by law, Customer agrees tok indemnify, release, hold! hamless, and, atA APC's request, defend APC andi its affiiates and contractors (andt their officers, directors, employees, representatives, anda agents) from or against any! loss, damage, cost, expense, orl lability (including actual attomeys' fees reasonably! Incurreda and alle expenses oft investigation and defense) for any damage or claim for personal orb bodilyl injury (Including death), property damage (Including! loss ofu use), monetary damage, ore equitable rellef caused byo ors arlsing outo ofa any misrepresentation ore act or omission ofC Customer Inwolvingt this Agreement, the Equipment, ort thel Premises, whether or not caused by or arisingo out oft thej joint, concurrent, or contibutory (butr nols sole) negligence ofAPC. 12. Default. Customerb isi in default" Customer does notp payt thee entires amount owed within 450 days oft billing. APC'swaiverc of any past default will not waive anys other defauit. Ifdefault occurs, APC, at Its discretion, may Immediatelyt terminate thisA Agroement, collecte allp pasto due amounts (Indudingl late fees) and all amounts due for the Equipment duringt ther remaining Agreement term, removet theE Equipment from the Premises, ands seek any othera available remedy. 13. Miscallaneous. This Agreement contains the parties'e entire agreement relating tot the Equipment and replaces any prior agreement, written or oral. Only a written amendment signed by each party can modityt this Agreement, except thate either party may update administrative or contact information (e.g., address, phone, website)ata anyt time byv writtenr noticet tot the other party. Customer will note assign, inv whole ar inp part, this Agreement or ts Agreement rights or obligations without APC'sp prior written consent. Nos assignment, whether with orv without consent, relieves Customer ofit its Agreement obligations. Customer must provide advanced notice ofac change Incontrold ofal, or substantiallysi, af Customer's ownership ori interest inthe Premises. Inthis Agreement, "Including" means' "including, butr not limitedt to." Alabama law govems this Agreement. lfacourtr rules an Agreement provisiont unenforceable toa anye extent, the rest ofthat provision and all other  Agreement termi may require APCt ton modify or replaces some: Equipment.  rellance upon Customer's ownadvisors.  ofit its Alabama sales taxe exemption certificate.  10d days')noticet to APCt that/ APC's! Installation activity cand commence.  alio damages and any resulting delay.  applicable tawo orf for Equipment damage caused by anyone other than APC (ora anA APC contractor orr representative).  adjusted accordingly.  any need for Equipment repair byc callingt the Buslness Service Center at1 1-888-430-5787.  foreseeablo, contemplated, oravoldable.  provisions remain effective.  Rov. 05112017  Pags: 2012    CITY OF ENTERPRISE LEDSTREETLIGHT PROJECT SUMMARY - COMPARABLE FIXTURE UPGRADE  Current HIDI Fixture Description- BEFORE Alabama Power Owned Fixtures: Open Bottom 100W HPS Alabema Power Owned Fixtures- Buy Down tos Standard: Alabama Power Owned Poles- Buy Downt toStandard: Total Alabama Power Owned Fixtures and Poles: Customer Owned Fixtures: Total Customer Owned: Additional Facilities Totals: CURRENT MONTH CSSE BILLING Nores: Informationf forc discussion purposes only LED- light Emitting Diode HID. High! Intensity! Discharge MV- Mercury) Vapor HPS. Hgh Pressure Sodlum MH- MetalHalide W Watt  HIDI Flaxture TotalPrice Totall MonthlyHID Count Per Fixture Price  LED! Fixture Description- -AFTER Alabama Powar Owned! Fixtures: Alabama! Power Owned Fixtures- Buy! Down tos Standard: jAlabame Power Owned! Poles: Buy Down tos Standard: $0.00 Total Alabama Power Owned Fixturesa andF Poles: Customer Owned Fixtures: $0.00 otal Customer Owned: $0.00 AdéitionalFadliles $0.00  LEDF Fiture Total Price Per TotalMonthly LED votall Increase Count Fixture Price orDecresse $10.61 $74.27 $74.27 $74.27 $74.27 $0.00 $0.00 $129.15 $129.15 $203.42 203.42  0 $11.72 $0.00 Cobra Head-5 5,200-7,2 2001 Initial Lumens  0  Fixturet totals are estimatedb basedc ond current APC blling records andf fieldr review. Finalquantities: andpricingmays vary depending ona actuall LED fixture installed.  TotalMonthlylED; pricing! basedo on Master Contract for Ughting Services Fixtures Exhibit