AGENDA JUNE 4,2024 CITY COUNCIL MEETING  Thel Enterprise City Council will convene in Regular Session at 6:00 p.m., Tuesday, June 4, 2024, at  Enterprise Civic Center. ROLL CALL.  .President .President .President .President  OPENING PRAYER & 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 of 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 ani item, that item may be removed from the Consent Agenda and placed on the Regular Agenda by request ofai member oft the City Council. Call for a motion to approve  the Consent Agenda as presented:  City Council Work Session Minutes ofl May 21, 2024 City Council Meeting Minutes of May 21, 2024  Accounts Payable (A) for May 2024 ini the amount ofS1,023,919.51 as follows: City of Enterprise $855,557.85 Water Works Board - $168,361.66 Accounts Payable (B) for May 2024 in the amount of $14,991.36: as follows:  City of Enterprise - $14,991.36 Travel Requests as follows: E-911 Tangi Hill Prattville, Alabama July 24-26, 2024 Estimated Cost: $605.15  911 Districts Workshop, SEAL911 & State Board Meetings  PRIVILEGE OF THE FLOOR (Persons allowed 3 minutes to address the Council).  .President President .President  STAFF REPORTS. OLD BUSINESS  REVIEW & CONSIDER ORDINANCE 05-21-24-C. (Unsafe Structures & Dangerous Buildings)  Call for consideration of Ordinance 05-21-24-C, providing for the fixing of costs, creation of liens, making ofassessments, and collection of costs associated with repairing, moving, or demolishing buildings and structures, or parts ofbuildings and structures, party walls, and foundations when found to be unsafe to the Call on Mayor Cooper, who will read the Declaration of Appropriate Municipal Officials and Appropriate  extent of being aj public nuisance from any cause.  DECLARATION- - Appropriate Municipal Officials & Appropriate City Officials. City Officials and request that a copy be attached to the meeting minutes.  President President  REVIEW & CONSIDER ORDINANCE 05-21-24-D.. abatement, and assess costs toj property owners.  (Weed. Abatement)  Call for consideration of Ordinance 05-21-24-D, providing to declare weeds as public nuisances, authorize  PUBLICHEARING: & CONSIDERATION/ABCLICENSE REQUEST. Restaurant Retail Liquor license located at 10161 Rucker Boulevard. At the close oft the hearing, call for consideration oft the ABC license request.  President  (Tacos Way)  Call: for a public hearing prior to consideration ofai request from Tacos Way 3, LLC d/b/a Tacos Way, fora    REVIEW & CONSIDER BIDI RECOMMENDATION.  President  (Police Deparment/CargoVan)  Introduce and call for consideration ofa recommendation from Police Chief Michael Moore to award Bid Requisition No. 2024-10 tol Mitchell Chrysler Dodge. Jeep Ram int the amount of$55,978.00 for a2 2024 Ram  25001 Pro Cargo Van (High Roof). No other bids were received.  NEW BUSINESS  INTRODUCE ORDINANCE 06-04-24.. (Uniti Fiber GulfCo LLC Franchise)  President  Introduce Ordinance 06-04-24, providingt to grant a non-exclusive franchise to Uniti Fiber GulfCo LLCto construct, install, operate, and maintain ai fiber-based telecommunications: network in the City ofl Enterprise in and along city rights-of-way. The franchise agreement is for a term of ten (10): years with ai franchise fee **IfCouncil's desire is to consider ordinance, suspension of the rules is necessary prior to consideration. Otherwise, the ordinance will bei introduced and layover for consideration at the next regular meeting. Introduce and call for consideration of] Resolution 06-04-24, providing for the authorization of Ewing- Conner and Associates, Inc. to proceed with the preparation oft the city's 2024 Community Development Block Grant (CDBG) grant application for funding assistance associated with the proposed demolition and clearance of abandoned, vacant, public nuisance properties. Resolution 06-04-24 further authorizes the Mayor to execute a Contractual Agreement with Ewing-Conner and Associates, Inc. for the provision of program management and administrative services should funding approval be forthcoming.  of 5% oft the annual gross revenues.  REVIEW & CONSIDER RESOLUTION 06-04-24..  President  (2024 CDBG. Application)  AUTHORIZE MAYOR TOI EXECUTE GRANT AGREEMENT. (USDOT/Safe Streets and Roads for All Program)  President  Call for ar motion to accept Safe Streets and Roads for All (SS4A) grant funds from the U.S. Department of Transportation Federal Highway Administration: and further authorize the Mayor to sign any and all paperwork related to the grant agreement. The funding, totaling $180,000.00, will be utilized to developa Safety Action) Plan fort the City of Enterprise, with the city's portion being $45,000.00.  AUTHORIZE MAYOR TO: EXECUTE AGREEMENT.  President  (SCPDC/Code! Enforcement)  Call fora ar motion to authorize the Mayor to execute as software license and service agreement with South Central Planning and Development Commission (SCPDC) for! MyGovemmentOnine (MGO) software as The 1001-2000 Permit Volume package for Codel Enforcement, billed at $143.75 monthly. The contract terms are two (2): years, with automatic renewal for twelve-month periods following the end  follows:  oft the initial term. The requested purchase isi included in the FY24 budget. AUTHORIZE POLICE CHIEF TOI EXECUTE MEMORANDUMC OF UNDERSTANDING.  President  (Wiregrass Angel House)  Call for ai motion to authorize thel Police Chieft to execute a Memorandum ofUnderstanding to set the terms and understanding between thel Enterprise Police Department and Wiregrass Angel House to continue their mutual partnership to assist underserved victims of violent crimes. Upon notification by the Enterprise Police Department, Wiregrass Angel House will assist victims and their families through services such as crime scene clean-up, death notification, funeral arrangements, crisis counseling, ongoing counseling, and group therapy. All services are free of charge and provided through funding from the Alabamal Department Introduce and call for consideration ofai request from City Engineer/Public Works Director Barry Mott to approve the purchase of1.61 acres ofland adjacent to the Enterprise Municipal Airport (Parcel 26) and further authorize thel Mayor to execute an agreement toj purchase said property from Elmer Strickland in an  of Economic and Community Affairs. REQUEST TOE PURCHASE PROPERTY.  President  amount not to exceed $24,000.00.    REQUEST TO PURCHASE EQUIPMENT. (Fire Department/CPAT Program)  President  Introduce and call for consideration ofar request from Fire ChiefC Christopher Davis to purchase the following  FY24 budgeted items from CPAT Distribution, Inc. atat total cost of $21,617.99:  Two (2). Aluminum Extension Ladders One (1) Endurance Climbmill One (1) Forcible Entry Machine One (1) Portable Stand REQUESTTOPURCHASE FLOORING. (Fire Department/Fastside Fire Station)  .President  Introduce and call for consideration of ai request from Fire Chief Christopher Davis toj purchase 5.5 mm hidden joint SupraTile floor tiles from ArmorPoxy at a cost of $4.44 per square foot. The request is an FY24 approved expense to upgrade the interior floor at Eastside Fire Station. The purchase cost with shipping is  $10,000.00, and in-house personnel will provide installation. REQUESTTOI INSTALL REPLACEMENT CARPET.. (Fire Department/Central Fire Station)  .President  Introduce and call for consideration ofai request from Fire ChiefChristopher Davis toi install replacement carpet in the administrative area at Central Fire Station. The request is an FY24 approved improvement project, and Enterprise Wholesale will provide labor and materials at at total cost of$7,804.55.  REQUESTTOPURCHASE: INVENTORY.  .President  (Parks & Recreation) facility:  Introduce and call for consideration ofa request from Billy Powell, Director of Community Services and Recreation, toj purchase the following FY24 budgeted items for use in the new Recreation & Aquatics  Twenty (20) 3-Row" Tip & Roll Bleachers and Four (4) 4-Row Standard Bleachers from Outdoor One (1)20'x16 Portablel Platform Set for $13,940.95 from Worthington Direct  Aluminum at a total cost of $31,616.00 REQUESTTO: SOLICIT: PROPOSALS.  President  (On-Call Demolition)  Introduce and call for consideration ofa request from City Engineer/Public Works Director Barry Mott to solicit proposals from demolition contractors on an on-call basis for up to a three-year period to be used for  future demolition projects within the City of Enterprise. CONSIDER STREET LIGHTING MODIFICATION. install the following street lights at an annual cost of$947.52:  .President  (Chapple Hill Subdivision, Phasel I)  Introduce and call for consideration ofai request from Assistant Director of Engineering Thomas Hardy to Nine (9) 49W decorative fixtures and poles and one (1) 101W area fixture and pole in Chapple Hill  Subdivision, Phase I RECESS REGULAR SESSION..  President .President President  CONVENE INTOE-911 BOARD MEETING.. REVIEW OFI MINUTES -May 7, 2024 Meeting.  Call for ai motion to approve the May 7,2024 E-911 Board Meeting minutes as submitted.  APPROVE. ACCOUNISPAYABIEW-M, 2024..  .President  Call for a motion to approve. Accounts Payable (A): for May 2024 in the amount of$4,167.20.    AUTHORIZE TRANSFER OF FUNDS.  President  Call for a motion to authorize the transfer of funds to the City of Enterprise in an amount not to exceed $300,000.00 for expenses related to change orders that are directly required for the E-911 Dispatch Center in  the renovated City Hall.  ADJOURN E-911 BOARD MEETING. RECONVENE INI REGULAR SESSION.  President .President President President .President  MAYORS REPORT..  COUNCIL MEMBER COMMENTS.  ADJOURNMENT: 5:00p p.m., Tuesday, June 18, 2024 Council Work Session..  ADDENDUM:    TO: FROM: RE: DATE:  MAYOR AND CITY COUNCIL BEVERLY SWEENEY, ,CITY CLERK  CONSENT AGENDA FORJUNE 4, 2024 COUNCIL MEETING  MAY31,2024  By approving the Consent Agenda, you will cumulatively approve the following items as presented in  your packets:  A. The minutes ofthel May 21, 2024 Work Session. B. The minutes of the May 21, 2024 Regular Session.  C. Accounts Payable (A) for May 2024 in the amount of $1,023,919.51 as follows: D. Accounts Payable (B) for May 2024 in the amount of$14,991.36 as follows:  CityofEnterprise- - $855,557.85 City ofEnterprise - $14,991.36 E. Travel Requests as follows:  Water Works Board-$ $168,361.66  E-911 Tangi Hill Prattville, Alabama July 24-26, 2024 Estimated Cost: $605.15  911 Districts Workshop, SEAL911 & State Board Meetings    CITY COUNCIL WORK SESSION MINUTES OFMAY21.2024  The Enterprise City Council convened in' Work Session at 5:00 p.m., Tuesday, May 21, 2024, at  Enterprise Civic Center. PRESENT:  Council President Turner Townsend, District #5 Council President Pro-Tem Sonya W. Rich, District #1 Council Member Eugene Goolsby, District #2 Council Member Greg Padgett, District #3 Council Member Scotty. Johnson, District #4 Mayor William E. Cooper City Administrator Jonathan Tullos City Attorney Ashley Marshall Consulting Engineer Glenn Morgan City Department Heads  ALSO PRESENT:  City Clerk Beverly Sweeney was present and kept the minutes.  ROLL CALL - Council President Townsend noted that all Council Members were present.  02 GOALS UPDATE  City Administrator Jonathan Tullos reported on the status ofthe 2024 Q2 goals, including completed  items and at timeline for unfinished items. REVIEW OF AGENDA  Council Members reviewed the proposed agenda for the May 21, 2024, Council Meeting. Following review, Council President Townsend noted an Executive Session was needed to discuss issues requiring legal advice and counsel regarding reputation and character and recommended amending the agenda to include the item under New Business after Council Member Comments. The consensus oft the Council  was to proceed with the amendment as recommended.  HEALTH CARE DISCUSSION  Wes Averett, representing the Enterprise Healthcare Authority, presented a proposal from PYA, P.C.,to assess the healthcare infrastructure in the city and surrounding communities. The proposed study aims to evaluate the current status ofhealthcare infrastructure in the City of Enterprise, identify potential gaps that may hinder access to care now, and in the future, and provide recommendations to address these gaps inl Phase I. Inl Phase II, the study would determine the viability oft the Phase Ir recommendations, including developing financial projections and estimating the economic impact on the community resulting from the proposed recommendations. The estimated cost of the proposed study is $95,0001 to $117,000, with the city requested to pay 75% oft the total cost. After al brief discussion, the Council agreed to proceed with the proposed study in Fiscal Year 2024 ift the budget allows it; ifnot, in Fiscal  Year 2025. ADJOURNMENT 5:50 p.m.  There being no further business before the Council, the President declared the Work Session adjourned at  Turner Townsend Council President  Beverly Sweeney City Clerk    CITY COUNCILMEETING MINUTES OF MAY21.2024  Thel Enterprise City Council convened in Regular Session at 6:00 p.m., Tuesday, May 21, 2024, at  Enterprise Civic Center. PRESENT:  Council President Turner Townsend, District# #5 Council President Pro-Tem Sonya W. Rich, District #1 Council Member Eugene Goolsby, District #2 Council Member Greg Padgett, District #3 Council Member Scotty. Johnson, District #4 City Administrator Jonathan Tullos  ALSOPRESENT: Mayor William E. Cooper  City Clerk Beverly Sweeney was present and kept the minutes.  ROLLCALL- - Council President' Townsend notedt that all Council Members were present. addt the following item under] New Business after Council Member Comments:  APPROVALOF AGENDA  Thel President called for a motiont to approve the agenda oft the meeting as submitted, with amendment to Council Member Padgett movedt to approve the agenda oft the meeting as amended. Council Member Goolsby seconded the motion. The vote being: Rich Aye; Goolsby- Aye; Padgett- Aye; Johnson-  Executive Session/Reputation & Character  Aye; Townsend- -Aye. Thel President declared the motion carried. CONSIDERATIONOF CONSENTAGENDA  Thel President called for a motion to approve the Consent Agenda as presented: City Council Work Session Minutes of April 16, 2024 City Council Work Session Minutes of! May" 7,2024 City Council Meeting Minutes of! May 7, 2024 Contract Billings int the amount of $1,777,926.90 as follows: Whaley Construction Co., Inc.- Hollon Contracting, LLC- Barge Design Solutions- Seay, Seay & Litchfield, P.C.- Fine Geddie & Associates- Travel Requests as follows: Policel Department Captain Billy) Haglund Orange Beach, Alabama June 9-11,2024 Estimated Cost: $611.84 Officer Dylan Morrow Birmingham, Alabama July 7-12,2024 Estimated Cost: $1,977.42  Application No. 16-S1,207,359.15- - Construction Recreation & Aquatics Center Application No. 7-$103,075.00- - Construction- - New Corporate Hangar Invoice No. 220588-S $9,778.41 - Construction Administration - New Corporate Hangar Invoice No. 2- $288,600.00- - Contract Services - City Halll Renovations Invoice No. 4-$162,864.34-C Contract Services- Recreation & Aquatics Center Invoice No. 2828-$ $6,250.00- - Contract Services - May 2024 Administration of Tactical Teams Training Course  Hostage Negotiation Crisis Intervention Phase 30 Course  Council Member. Johnson moved to approve the Consent Agenda as presented. Council Member Padgett seconded the motion. The votel being: Rich-A Aye; Goolsby- Aye; Padgett- - Aye; Johnson - Aye; Mayor Cooper, along with the Council, presented certificates tol Eagle Scout. Jackson Swartz ofTroop 150 for his project related tot thel Purple Heart parking spaces around the City of! Enterprise, Cadette Lydia Plant of Girl Scout Troup 9114 for the highest overall cookie sales ins southern. Alabama with 13,781 boxes, and Troops 9027, 9048, 9052, 9095, and 9114, for their efforts related to cookie sales.  Townsend- - Aye. Thel President declared the motion carried. PRESENTATION OF CERTECATESTOSCOUTS    CITY COUNCIL: MEETING MINUTES OFI MAY21,2024  Page2  PRESENTATIONOF CERIPCATESIOTEACIEK OF THE YEARI FINALISTS Mayor Cooper, joined by Council Members, presented certificates to Shelley Grimes, Brookwood Elementary School, andl Rylee Baxter, Enterprise High School, ini recognition ofr making the "Sweet 16" REQUEST TO ADDRESS COUNCILPERMIT REQUEST (Brett Woodruff/Jeep Roundup Block Party) Thel President recognized Brett Woodruff, representing Mitchell Chrysler Dodge Jeep Ram, who requested to address the Council to obtain ap permit tol hold the. Jeepl Roundupl Block Party, presented by L.A.. Jeepl Nation, on Saturday, June 29, 2024, from 7:00 p.m. until 10:00p p.m., with a requested street closure of East College Street from Maint to the Courthouse and Edwards Street from Lee Streett to Grubbs. Police Captain Billy Haglund confirmed thatt the department would accommodate the request. Council Member Padgett movedt to approve the permit request as submitted. Council Member. Johnson seconded the motion. The vote being: Rich- Aye; Goolsby- Aye; Padgett- - Aye; Johnson- - Aye; PRIVILEGE OF THE FLOOR (Persons allowed 31 minutes to address the Council) Thel President recognized. Jessel Bowman, Sr., a resident of 304 Willow Drive, who addressed the Council Tourism Director Tammy Doerer reported thatt the City of Enterprise andt the U.S. Travel Association are celebrating National Travel and Tourism Week from May 19-25, 2024. Accordingt to the 2023 State Tourism Report, the state retains 33 cents in earnings for every dollari int travel-related expenditures fori its citizens. Locally, more than $1 millioni inl lodging tax was collected from hotel rooms and short-term rentals, which goes backi intot the city's general fund. As part oft this year'sT Travel and" Tourism Week, she announced that State Senator. Josh Carnley and State Representative Rhett! Marques have awarded the City ofl Enterprise over $18,000 in Legislative Tourism Grants. These grants will allow the city to continue creating signature events that benefit our citizens and attract thousands ofv visitors. City Engineer/Public Works Director Barry Mott announced that a portion of Guardian Way, offH Hwy 167N, will be closed beginning Thursday, May 23, and through the following week. Mr. Mott stated! he would provide details oft the closuret tol Public Information Manager Emily Glasscock for a public service PUBLIC HEARING & COASDIRATONARCIGESE REQUEST (Dollar General #25785) The President called for aj public hearing prior to consideration ofar request from Dolgencorp, LLC, d/b/a Dollar General Store! #25785 foral Retaill Beer (Off Premises Only) license and Retail Table Wine (Off Premises Only) license located at 100. Jackson Street. No comments were offered. The President closed Council Member Goolsby movedt to approve the ABC license request as submitted. Council Member Johnson seconded the motion. The vote being: Rich- Aye; Goolsby- Aye; Padgett- Aye; Johnson- -  finalists for Alabama Teacher ofthe Year.  Townsend - Aye. The President declared the motion carried.  regarding: ap police matter. STAFF REPORTS  announcement. OLDI BUSINESS  the hearing and called for consideration oft the. ABC license request. Aye; Townsend -Aye. Thel President declared the motion carried. INTRODUCE PLANNING COMMISSION RECOMMENDATION approve the following requests for the rezoning of property:  NEW BUSINESS  Thel President introduced: for the record, a recommendation from the Enterprise Planning Commission to Ar request by Northstar Engineering Services on behalf ofI Lunsford & Lunsford Farms, Inc., for the rezoning of 10.06 acres of land from R-2 (Medium Density Single Family Residential District) tol R-4 (Mixed Residential District) located onl Porter Lunsford Road on the east side of Ar request by Northstar Engineering Services on behalf ofI Lunsford & Lunsford Farms, Inc., for the rezoning of10.53 acres ofl land from R-5 (Multifamily Residential District) tol R-4 (Mixed Residential District) located on Porter Lunsford Road on the east side of Hunters Hill Phase I. Ar request by Northstar Engineering Services on behalf ofLunsford & Lunsford Farms, Inc., for the rezoning of10.11 acres ofl land from R-5 (Multifamily Residential District) tol R-2 (Medium Density Single Family Residential District) located onl Porter Lunsford Road on the easts side of  Hunters Hilll Phasel I.  Hunters Hilll Phasel I.    CITY COUNCILI MEETINGI MINUTES OFI MAY21,2 2024  Page3  INTRODUCEORDINANCE0521-241 (Lunsford. &1 Lunsford Farms. Inc.] Rezone 1)  Thel Presidenti introduced Ordinance 05-21-24, providing fort the rezone of 10.06 acres of land owned by Lunsford & Lunsford Farms, Inc. from R-2( (Medium Density Single Familyl Residential District) to R-4 (Mixed Residential District) located on Porter Lunsford) Road on the east side ofHunters Hill Phasel I, and called fora a public hearing to bel held att the regular meeting scheduled: for. June 18, 2024. INTRODUCE ORDIANCED52L2+A (Lunsford & Lunsford Farms. Inc. Rezone 2) Thel President introduced Ordinance 05-21-24-A, providing for the rezone of 10.53 acres ofl land owned byl Lunsford & Lunsford Farms, Inc. from R-5 (Multifamily Residential District)t to R-4 (Mixed Residential District) located onl Porter Lunsford Road on the east side of Hunters Hilll Phase I, and called fora a public! hearingt tob bel helda att the regular meeting scheduled for. June 18, 2024. INTRODUCE ORDINANCE 05-21-24-BLunsford & Lunsford Farms. Inc.] Rezone 3) Thel President introduced Ordinance 05-21-24-B, providing for the rezone of 10.11 acres ofl land from R-5 (Multifamily Residential District) tol R-2 (Medium Density Single Family Residential District) located on Porter Lunsford Road ont the east side of Hunters Hilll Phasel I, and called for a public hearing tol be held at INTRODUCE ORDINANCE 05-21-24-C (Unsafe Structures & Dangerous Buildings) Thel President introduced Ordinance 05-21-24-C, providing for the fixing of costs, creation of liens, making of assessments, and collection of costs associated with repairing, moving, or demolishing buildings and structures, or parts oft buildings and structures, party walls, and foundations when foundt to be unsafet tot the extent oft being aj public nuisance from any cause. Councill President' Townsend announced that Ordinance 05-21-24-C would layover for consideration at the regular meeting scheduled The President introduced Ordinance 05-21-24-D, providing to declare weeds as public nuisances, authorize abatement, and assess costs toj property owners. Council President Townsend announced that Ordinance 05-21-24-D would layover for consideration att the regular meeting scheduled for. June 4, 2024. The President introduced and called for consideration of Resolution 05-21-24, providing to authorize the city's participation int thel FY: 2025 Transportation Alternatives Set-Aside Program. Resolution 05-21-24 further authorizes the Mayort tos sign any and all documents and provide any information and forms Council Member. Johnson moved to adopt Resolution 05-21-24. Council Member Richs seconded the motion. The vote being: Rich- Aye; Goolsby Aye; Padgett- - Aye; Johnson Aye; Townsend- Aye. Thel President declared the motion carried and Resolution 05-21-24 duly passed and adopted. REVIEW & CONSIDER RESOLUTION 05-21-24-A (Utility Billing and Accounting Manager) Thel President introduced and called for consideration of] Resolution 05-21-24-A, providing for an amendment to Ordinance 10-16-01, whiche establishes the Employee Classification Plan/Salary Schedule. The amendment eliminates the title ofUtility Office Manager and assigns the title ofUtility Billing and Accounting Manager tot the position. The position's current pay grade of1 17 remains the same. Council Member Padgett movedt toa adopt Resolution 05-21-24-A. 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 and Resolution 05-21-24-A duly passed and adopted. REVIEW, & CONSIDER RESOLUTION 05-21-24-B (Utility Billing and Accounting Assistant Manager) Thel President introduced: and called for consideration of Resolution 05-21-24-B, providing for an amendment to Ordinance 10-16-01, which establishes thel Employee Classification Plan/Salary Schedule. The amendment eliminates the title ofUtility Billing and Accounting Coordinator and assigns thet title of Utility Billing and Accounting Assistant Manager to the position. The position's! pay grade of 141 remains Council Member Goolsby moved to adopt Resolution 05-21-24-B. Council Member Richs seconded the motion. The vote being: Rich- - Aye; Goolsby-A Aye; Padgett- - Aye; Johnson- - Aye; Townsend- - Aye. Thel President declared the motion carried and Resolution 05-21-24-B duly passed and adopted.  the regular meeting scheduled for. June 18, 2024.  for. June 4, 2024.  INTRODUCE ORDINANCE 05-21-24-D(Weed. Abatement)  REVIEW, & CONSIDER RESOLUTION 05-21-24(FY: 2025TAP Application)  necessary to participatei int the program.  thes same.    CITY COUNCIL MEETING MINUTES OF MAY2 21, 2024  Page 4  REVIEW & CONSIDER RESOLUTION 05-21-24-C(Utility Data Entry Specialist) Thel President introduced and called for consideration of Resolution 05-21-24-C, providing for an amendment to Ordinance 10-16-01, which establishes the Employee Classification Plan/Salary Schedule. The amendment eliminates the title ofUtility Billing and Collections Technician and assigns the title of Utility Data Entry Specialist tot thej position. The position's current pay grade of1 12 remains the same. Council Member Rich moved to adopt Resolution 05-21-24-C. 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 05-21-24-C duly passed and adopted. REVIEW & CONSIDER RESOLUTION 05-21-24-D (Customer Service Representatives) The President introduced and called for consideration of Resolution 05-21-24-D, providing for an amendment to Ordinance 10-16-01, which establishes the Employee Classification Plan/Salary Schedule. The amendment calls for the deletion of Customer Service Clerk, Pay Grade 10, and the addition of Customer Service Representative I, Pay Grade 11, Customer Service Representative II, Pay Grade 12, and Council Member Goolsby moved to adopt Resolution 05-21-24-D. 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 and Resolution 05-21-24-D duly passed and adopted. AUTHORIZE MAYOR TOI EXECUTELEASE AGREEMENTPHL Air Medical/Enterprise Municipal Thel President called for ai motion to authorize the Mayor to execute an agreement with PHI Health, LLC, d/bla PHI Air Medical, for the lease oft the premises commonly known as the old terminal building located at the Enterprise Municipal Airport per the terms oft the lease agreement. Council Member Johnson moved to authorize the Mayor to execute the lease agreement as submitted. 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. AUTHORIZE MAYOR TO EXECUTEI LEASE AGREEMENT (Moore'sTackle Co./Main Street Thel President called for a motion to authorize the Mayor to execute an agreement between the City of Enterprise and Moore's1 Tackle Co. for the lease of the Main Street Incubator located at 123 South Main Council Member Rich moved to authorize the Mayor to execute the lease agreement as submitted. Council Member Goolsby seconded the motion. The vote being: Rich- Aye; Goolsby- Aye; Padgett- Aye; Johnson- - Aye; Townsend Aye. Thel President declared the motion carried. AUTHORIZE MAYOR' TOEXECUTE AGREEMENT WITH] PROPERIYOWAERSMan Thel President introduced and called for consideration ofar request from City Engineer/Public Works Director Barry Mott to authorize the Mayor to execute agreements with two (2)! property owners to add dirt and sod to the excavated area at Main Street and College Street pending review and approval of the City Attorney. The proposed agreements and work are related to safety concerns adjacent to existing Council Member Padgett moved to authorize the Mayor to execute the agreements upon review and approval by the City Attorney. Council Member Johnson seconded the motion. The vote being: Rich- Aye; Goolsby - Aye; Padgett Aye; Johnson Aye; Townsend Aye. The President declared the AUTHORIZE MAYOR TOI EXECUTE CHANGE ORDER (Whaley Construction Co.. Inc./Maintenance Thel President introduced and called for consideration ofar request from City Engineer/Public Works Director Barry Mott to authorize the Mayor to execute a change order with Whaley Construction Co., Inc. for the addition ofa maintenance building and other work for the! Parks & Recreation Department. The Council Member. Johnson moved to authorize the Mayor to execute the change order with Whaley Construction Co., Inc. ata cost not to exceed $350,000.00. Council Member Padgett seconded the motion. The vote being: Rich- -Aye; Goolsby- - Aye; Padgett- - Aye; Johnson Aye; Townsend- - Aye.  Customer Service Representative I, Pay Grade 12.  Airport)  Incubator)  Street per the terms of the lease agreement.  Street/College Street Excavated Area)  sidewalks and street rights-of-way.  motion carried. Building)  proposed change orderi isab budgeted item and will not exceed $350,000.00.  The President declared the motion carried.    CITY COUNCIL MEETING MINUTES OF MAY21,2024  Page 5  REQUESTI PERMISSION TOF PURCHASEFURNITUREOFFSTATEI BIDLIST/CiyHall Thel Presidenti introduced and called for consideration ofar request toj purchase furniture for Phase Iofthe renovations to Cityl Hall (Police, Mayor'sOffice, and) Municipal Court) from HPFi through the Alabama Council Member Padgett moved to approve the purchase request as submitted. Council Member. Johnson seconded the motion. The vote being: Rich - Aye; Goolsby- - Aye; Padgett- Aye; Johnson- - Aye; CONSIDER REQUESTTOAMENDI EMPLOYEE HANDBOOK (Police Department/Change inl New The President introduced and called for consideration ofar request from Police Chief Michael Moore to amendt thel Employee Handbook to align withs state law governing thel hiring ofNon-Certified Officers. The proposed amendment would eliminate the written examination requirement for applicants without a Council Member Rich moved to amendt thel Employee Handbook as requested. Council Member Goolsby seconded the motion. The vote being: Rich Aye; Goolsby Aye; Padgett- Aye; Johnson- - Aye; The President introduced: a request from Tacos Way 3,1 LLCd/b/a' Tacos Way, for a Restaurant Retail Liquor license located at 10161 Rucker Boulevard, and called fora aj public hearing tol be held att the regular  Renovations. PhaseD)  Statel Bid List atac cost of$87,427.77.  Townsend- -Aye. Thel President declared the motion carried.  Hire Testing)  college degree and only require the Basic Aptitude Test. Townsend- - Aye. Thel President declared1 the motion carried. NTRODICEARCLICENSE REQUEST (Tacos Way)  meeting scheduled for. June 4, 2024. MAYORS REPORT  Mayor Cooper provided reports and updates from various departments and events.  COUNCILI MEMBER COMMENTS CALLFORE EXECUTIVE! SESSION  Council Members congratulated Shelley Grimes, Rylee Baxter, and the Boy and Girl Scouts ont their accomplishments and thanked meeting attendees and citizens who watched the video online. At6:55 p.m., Council President' Townsend stated that ani item pending before the Council involved issues requiring legal advice and counsel related to good name and character, and requested anl Executive Session. Councill Member Goolsby made a motion, seconded by Council Member Rich, for the Council tog goi intol Executive Session. All Council Members - Aye. Thel President declared the motion carried and announced that the Council would reconvene to adjourn the Regular Session in approximately 20-25 EXECUTIVE SESSIONPURSUANTTOALABAMA OPEN MEETINGS LAW Attorney Ashley Marshall appeared before the Council ands statedt that items pending before the Council involvedi issues requiring legal advice and counsel related tor reputation and character.  minutes, with nof further business to follow.  STATE OF ALABAMA COFFEE COUNTY  ) )  MINUTES EXCERPTS ANDN MOTION: FOR EXECUTIVE SESSION PURSUANT TOTHE. ALABAMA OPENI MEETINGSI LAW  A05-0145  WHEREAS, thel Enterprise City Council with a quorum being present, was conducting a meeting on the 21" day ofMay, 2024, the time, date, place and agenda of which were duly announced and notices of which were posted in accordance with the Alabama Open Meetings Law, Act 2005-40 (Act); WHEREAS, the following persons were ina attendance: Council Members Rich, Goolsby, Padgett, Johnson, and" Townsend. Council President Townsend presided over the meeting. Mayor William! E. Cooper and City Administrator Jonathan Tullos were present. City Attorney Ashley Marshall was WHEREAS, duringt the course ofs saidr meeting, a motion was madel by Council Member Goolsby for the Council to goi into Executive Session for the purpose ofl legal advice and counsel andi reputation and  present; and,  character, both being one oft the following purposes authorized byt the Act:    CITY COUNCIL MEETING MINUTES OF MAY21, 2024  Page 6  EXECUTIVESESSION: (Continued):  Reputation and Character Legal Advice and Counsel Security Plans State and/or Federal Law Law Enforcement Real Estate Transactions Trade Secrets Public Employee Negotiations Quasi-Judicial Deliberations  Which motion was seconded by Council Member Rich; and, Executive Session ifit wasi ini regard to any oft the following purposes:  WHEREAS, the Attorney advised the Council that a declaration was required by the Actf for an  Legal Advice and Counsel Lawl Enforcement Trade Secrets Employee Negotiations  WHEREAS, Attorney Ashley Marshall appeared before the Council and stated for the record that he/she was duly qualified and/or had the personal knowledge to provide the requisite declaration for the stated purpose oft the Executive Session authorized by the Act andi informed the Council that anl Executive Discussion ofi issues requiring legal advice and counsel related to reputation and character. into the minutes oft the meeting and called fora a vote ons saidr motion; and,  Session was necessary for the following reason:  WHEREAS, thel President directed the City Clerk to enter into said motion, purpose, and declaration WHEREAS, said vote inr regard tot the motion for Executive Session was taken with the "yeas" and  "nays" beingr recordedi into the minutes as follows:  Yeas 1. Rich 2. Goolsby 3. Padgett 4. Johnson Townsend  Nays  And thel President declared that a majority oft the votes being in favor oft the motion, that such motion had therefore passed and the Council wouldi forthwith recess intol Executive Session at6 6:55 p.m. for the purpose as statedi in saidi motion andr no other purpose, in accordance with the Acta and reconvene in  approximately 20-25 minutes.  By: Attest:_  By: Attest:  President  Attorney  RECONVENE INI REGULAR SESSION  Thel Regular Session was recessed intol Executive Session at6 6:55 p.m. and reconvened intol Regular There being no further business beforet the Council, the President declared the Regular Session adjourned  Session at 7:20 p.m. after duly made motion and second with all Ayes.  ADJOURNMENT at7 7:20 p.m. Turner Townsend Council President  Beverly Sweeney City Clerk    ACCOUNTS PAYABLE MAY: 2024-A  WATER WORKS BOARD TOTAL  $168,361.66  CITY OF ENTERPRISE  ADMINISTRATIVE DEPT CAPITAL ADMINISTRATIVE DEPARTMENT AIRPORT CAPITAL PROJECTS CIVIC CENTER CIVIL DEFENSE CULTURE & RECREATION DISPOSAL PLANT TOURISM E-911  $0.00 $35,824.59 $0.00 $59,827.55 $160.68 $0.00 $81,036.77 $6,133.40 $4,167.20 $55,782.76 $0.00 $5,278.78 $14,180.51 $61,719.22 $3,915.05 $18,525.60 $0.00 $14,048.06 $37,862.71 $0.00 $2,249.15 $1,111.40 $61,141.23 $0.00 $54,584.19 $50,632.94 $2,648.89 $174,102.04 $31,066.01 $79,559.12 $855,557.85  ENGINEERING DEPARTMENT ENG DEPT CAPITAL PROJ ENTERPRISE LIBRARY ENTERPRISE MUNICIPAL AIRPORT ENTERPRISE MUNICIPAL AIRPORTF FUEL FARMER'S MARKET FIRE DEPARTMENT FIRE CAPITAL PROJECT FLEET MAINTENANCE GASOLINE HEALTH & WELFARE INCUBATOR MUNICIPALCOURT PARKS & RECREATION PARKS & RECREATION CAPITAL PROJ POLICE DEPARTMENT SANITATION DEPARTMENT SENIOR CITIZENS SEWER DEPARTMENT STREET DEPARTMENT STREET CAPITAL PROJECTS ACTION OF THE MAYOR APROVAL EXCEPTIONS DATE_  TOTAL    05/01/2024 15:37 dslater ORG  CITY OF ENTERPRISE WARRANT PUBLICATION LIST  WARRANT RANGE: 050124Sd TO 050124Sd DATES: 10/01/23 TO 09/30/24  VENDOR NAME GENERAL FUND CITY GENERAL FUND  AMOUNT 11,977.67 11,977.67 67,000.00 67,000.00 78,977.67  SEWER  BUSTER MILES FORD MERCURY INC  TOTAL  ** END OF REPORT - Generated by Demetris Slater **    05/03/2024 15:34 blewis ORG  CITY OF ENTERPRISE WARRANT PUBLICATION LIST  WARRANT RANGE: 050824G2 TO 050824G2 DATES: 10/01/23 TO 09/30/24  VENDOR NAME ADMINISTRATIVE  AMOUNT 5,237.95 904.00 6,141.95 750.00 750.00 95.00 95.00 35.00 35.00 150.00 150.00 238.00 238.00 7,409.95  ALABAMA COMMUNITY NEWSPAPERS COLUMN SOFTWARE, PBC  ENGINEERING  STIVERS FORD LINCOLN MERCURY  FLEET MAINTENANCE  SOUTHEAST HEALTH ENTERPRISE CL  POLICE  SOUTHEAST HEALTH ENTERPRISE CL  SANITATION  STIVERS FORD LINCOLN MERCURY  STREET  SOUTHEAST HEALTH ENTERPRISE CL  TOTAL  ** END OF REPORT - Generated by Bobbi Jo Lewis **    05/03/2024 15:36 blewis ORG VENDOR NAME SEWER  CITY OF ENTERPRISE WARRANT PUBLICATION LIST  WARRANT RANGE: 50824SD2 TO 50824SD2 DATES: 10/01/23 TO 09/30/24  AMOUNT 150.00 150.00 150.00  STIVERS FORD LINCOLN MERCURY  TOTAL  ** END OF REPORT - Generated by Bobbi Jo Lewis **    05/13/2024 08:07 dslater ORG  CITY OF ENTERPRISE WARRANT PUBLICATION LIST  WARRANT RANGE: 0520Gf1 TO 0520Gf1 DATES: 10/01/23 TO 09/30/24  VENDOR NAME ADMINISTRATIVE ALABAMA POWER COMPANY C SPIRE CONSOLIDATED WATER GROUP LLC FEDEX QUADIENT FINANCE USA UNITED PARCEL SERVICE  AMOUNT 78.24 2,632.80 87.25 93.58 529.89 10.96 3,432.72 11.74 416.09 10.97 438.80 824.22 10.96 835.18 10.97 10.97 10.96 10.96 114.93 16.30 1,659.60 695.98 10.97 2,497.78 145.95 145.95 377.85 175.94 7.95 10.97  AIRPORT  CINTAS CORPORATION COVINGTON ELECTRIC COOPERATIVE UNITED PARCEL SERVICE  CIVIC CENTER  ALABAMA POWER COMPANY UNITED PARCEL SERVICE  DISPOSAL DEPT  UNITED PARCEL SERVICE  E-911  UNITED PARCEL SERVICE  ENGINEERING  ALABAMA POWER COMPANY CINTAS CORPORATION COVINGTON ELECTRIC COOPERATIVE QUADIENT FINANCE USA UNITED PARCEL SERVICE  FARMER'S MARKET CS SPIRE FIRE CSPIRE  CHARTER COMMUNICATIONS QUADIENT FINANCE USA UNITED PARCEL SERVICE    05/13/2024 08:07 dslater ORG  CITY OF ENTERPRISE WARRANT PUBLICATION LIST  WARRANT RANGE: 0520Gf1 TO 0520Gi1 DATES: 10/01/23 TO 09/30/24  VENDOR NAME  AMOUNT 572.71 164.08 10.97 175.05 150.64 150.64 4,233.52 4,233.52 167.54 4.48 10.97 64.61 247.60 205.99 167.19 56.02 10.96 440.16 171.90 80.56 157.95 410.41 10.97 10.97 13.44 10.97 24.41  FLEET MAINTENANCE CINTAS CORPORATION UNITED PARCEL SERVICE  JUDICIAL  QUADIENT FINANCE USA  LIBRARY  ALABAMA POWER COMPANY PARKS/RECREATION CS SPIRE QUADIENT FINANCE USA UNITED PARCEL SERVICE US BANK EQUIPMENT FINANCE  POLICE SPIRE  COVINGTON ELECTRIC COOPERATIVE QUADIENT FINANCE USA UNITED PARCEL SERVICE  PUBLIC WORKS CS SPIRE CINTAS CORPORATION  COVINGTON ELECTRIC COOPERATIVE  SANITATION  UNITED PARCEL SERVICE SENIOR CITIZENS CENTER QUADIENT FINANCE USA UNITED PARCEL SERVICE    05/13/2024 08:07 dslater ORG VENDOR NAME SEWER  CITY OF ENTERPRISE WARRANT PUBLICATION LIST  WARRANT RANGE: 0520Gf1 TO 0520Gf1 DATES: 10/01/23 TO 09/30/24  AMOUNT 10.97 10.97 4.48 10.97 15.45 16.64 16.64 20.48 10.96 31.44 13,712.33  UNITED PARCEL SERVICE  STREET  QUADIENT FINANCE USA UNITED PARCEL SERVICE  TOURISM  QUADIENT FINANCE USA  WATER FUND - ADMINISTRATIVE QUADIENT FINANCE USA UNITED PARCEL SERVICE  TOTAL  ** END OF REPORT - Generated by Demetris Slater **    05/13/2024 08:07 dslater ORG VENDOR NAME E-911 BRIGHTSPEED  CITY OF ENTERPRISE WARRANT PUBLICATION LIST  WARRANT RANGE: 052024E1 TO 052024E1 DATES: 10/01/23 TO 09/30/24  AMOUNT 112.57 112.57 112.57  TOTAL  ** END OF REPORT - Generated by Demetris Slater **    05/13/2024 08:08 dslater ORG  CITY OF ENTERPRISE WARRANT PUBLICATION LIST  WARRANT RANGE: 0520Sc1 TO 0520Sc1 DATES: 10/01/23 TO 09/30/24  VENDOR NAME SENIOR CITIZENS CENTER A-ONE BUSINESS SOLUTIONS  AMOUNT 25.00 25.00 25.00  TOTAL  ** END OF REPORT - Generated by Demetris Slater **    05/13/2024 08:08 dslater ORG  CITY OF ENTERPRISE WARRANT PUBLICATION LIST  WARRANT RANGE: 0520Sd1 TO 0520Sd1 DATES: 10/01/23 TO 09/30/24  VENDOR NAME DISPOSAL DEPT CINTAS CORPORATION  AMOUNT 99.42 26,987.78 27,087.20 853.72 853.72 27,940.92  COVINGTON ELECTRIC COOPERATIVE  SEWER  COVINGTON ELECTRIC COOPERATIVE  TOTAL  ** END OF REPORT - Generated by Demetris Slater **    05/13/2024 08:08 dslater ORG VENDOR NAME WATER FUND SYNOVUS BANK  CITY OF ENTERPRISE WARRANT PUBLICATION LIST  WARRANT RANGE: 0520Ww1 TO 0520WW1 DATES: 10/01/23 TO 09/30/24  AMOUNT 43,943.00 43,943.00 9,939.78 85.95 10,025.73 53,968.73  WATER FUND - ADMINISTRATIVE ARISTA INFORMATION SYSTEMS INC  SPIRE  TOTAL  ** END OF REPORT - Generated by Demetris Slater **    05/21/2024 09:35 dslater ORG  CITY OF ENTERPRISE WARRANT PUBLICATION LIST  WARRANT RANGE: 0520Gf2 TO 0520G12 DATES: 10/01/23 TO 09/30/24  VENDOR NAME ADMINISTRATIVE ALABAMA POWER COMPANY CANON SOLUTIONS AMERICA CHARTER COMMUNICATIONS FEDEX AIRPORT SPIRE  AMOUNT 4,820.27 744.61 103.24 201.89 5,870.01 145.95 20.81 166.76 36.05 36.05 20.81 20.81 584.64 32.26 616.90 20.82 15.30 36.12 164.08 164.08 41.64 41.64 874.90 874.90  CANON SOLUTIONS AMERICA  CIVIC CENTER CINTAS CORPORATION DISPOSAL DEPT  CANON SOLUTIONS AMERICA  ENGINEERING  ALABAMA POWER COMPANY CINTAS CORPORATION  FIRE  CANON SOLUTIONS AMERICA CHARTER COMMUNICATIONS  FLEET MAINTENANCE CINTAS CORPORATION  JUDICIAL  CANON SOLUTIONS AMERICA  PARKS/RECREATION ALABAMA POWER COMPANY  POLICE    05/21/2024 09:35 dslater ORG  CITY OF ENTERPRISE WARRANT PUBLICATION LIST  WARRANT RANGE: 0520Gf2 TO 0520Gi2 DATES: 10/01/23 TO 09/30/24  VENDOR NAME  AMOUNT 157.88 157.88 20.81 80.56 101.37 43.18 43.18 8,129.70  CANON SOLUTIONS AMERICA  PUBLIC WORKS  CANON SOLUTIONS AMERICA CINTAS CORPORATION  WATER FUND - ADMINISTRATIVE CANON SOLUTIONS AMERICA  TOTAL  ** END OF REPORT - Generated by Demetris Slater **    05/21/2024 09:35 dslater ORG VENDOR NAME E-911  CITY OF ENTERPRISE WARRANT PUBLICATION LIST  WARRANT RANGE: 052024E2 TO 052024E2 DATES: 10/01/23 TO 09/30/24  AMOUNT 195.00 195.00 195.00  CANON SOLUTIONS AMERICA  TOTAL  ** END OF REPORT - Generated by Demetris Slater **    05/21/2024 09:36 dslater ORG  CITY OF ENTERPRISE WARRANT PUBLICATION LIST  WARRANT RANGE: 0520Sd2 TO 0520Sd2 DATES: 10/01/23 TO 09/30/24  VENDOR NAME DISPOSAL DEPT ALABAMA POWER COMPANY CINTAS CORPORATION  AMOUNT 65.32 95.34 160.66 160.66  TOTAL  ** END OF REPORT - Generated by Demetris Slater **    05/21/2024 09:36 dslater ORG  CITY OF ENTERPRISE WARRANT PUBLICATION LIST  WARRANT RANGE: 0520Ww2 TO 0520Ww2 DATES: 10/01/23 TO 09/30/24  VENDOR NAME  AMOUNT 99.99 99.99 99.99  WATER FUND - ADMINISTRATIVE CHARTER COMMUNICATIONS  TOTAL  ** END OF REPORT - Generated by Demetris Slater **    05/24/2024 16:09 dslater ORG  CITY OF ENTERPRISE WARRANT PUBLICATION LIST  WARRANT RANGE: 0520Gf3 TO 0520Gf3 DATES: 10/01/23 TO 09/30/24  VENDOR NAME ADMINISTRATIVE CANON SOLUTIONS AMERICA SOUTHEAST ALABAMA GAS DISTRICT VERIZON WIRELESS  AMOUNT 68.56 26.00 914.58 1,009.14 11.74 1,750.83 1,762.57 1,056.07 125.99 130.82 134.13 1,447.01 42.20 42.20 322.44 2,044.34 42.21 387.20 2,796.19 17.28 17.28 374.79 112.08 785.80 1,272.67 85.95 20.80 106.75  AIRPORT  CINTAS CORPORATION  COVINGTON ELECTRIC COOPERATIVE  CIVIC CENTER SPIRE  CANON SOLUTIONS AMERICA SOUTHEAST ALABAMA GAS DISTRICT VERIZON WIRELESS  E-911  VERIZON WIRELESS ENGINEERING  CANON SOLUTIONS AMERICA COVINGTON ELECTRIC COOPERATIVE PEA RIVER ELECT COOP VERIZON WIRELESS FARMER'S MARKET  SOUTHEAST ALABAMA GAS DISTRICT  FIRE  COVINGTON ELECTRIC COOPERATIVE SOUTHEAST ALABAMA GAS DISTRICT  VERIZON WIRELESS  INCUBATOR C SPIRE  SOUTHEAST ALABAMA GAS DISTRICT    05/24/2024 16:09 dslater ORG VENDOR NAME JUDICIAL VERIZON WIRELESS PARKS/RECREATION MINI MALL STORAGE US PROPERTI ALABAMA POWER COMPANY BRIGHTSPEED VERIZON WIRELESS  CITY OF ENTERPRISE WARRANT PUBLICATION LIST  WARRANT RANGE: 0520Gf3 TO 0520Gf3 DATES: 10/01/23 TO 09/30/24  AMOUNT 128.32 128.32 80.00 51.78 72.62 527.27 731.67 100.00 145.24 16.21 3,554.99 82.09 3,898.53 72.62 265.15 248.08 115.12 288.68 989.65 403.94 403.94 14,605.92  POLICE MINI MALL STORAGE US PROPERTI BRIGHTSPEED CANON SOLUTIONS AMERICA VERIZON WIRELESS WELLS FARGO FINANCIAL LEASING  PUBLIC WORKS BRIGHTSPEED  CANON SOLUTIONS AMERICA COVINGTON ELECTRIC COOPERATIVE SOUTHEAST ALABAMA GAS DISTRICT VERIZON WIRELESS  WATER FUND - ADMINISTRATIVE VERIZON WIRELESS  TOTAL  ** END OF REPORT - Generated by Demetris Slater **    05/24/2024 16:09 dslater ORG  CITY OF ENTERPRISE WARRANT PUBLICATION LIST  WARRANT RANGE: 0520Sd3 TO 0520Sd3 DATES: 10/01/23 TO 09/30/24  VENDOR NAME DISPOSAL DEPT ALABAMA POWER COMPANY CINTAS CORPORATION COVINGTON ELECTRIC COOPERATIVE  AMOUNT 54.63 4.08 25,260.02 25,318.73 486.24 486.24 25,804.97  SEWER  COVINGTON ELECTRIC COOPERATIVE  TOTAL  ** END OF REPORT - Generated by Demetris Slater **    05/24/2024 16:10 dslater ORG  CITY OF ENTERPRISE WARRANT PUBLICATION LIST  WARRANT RANGE: 0520Ww3 TO 0520Ww3 DATES: 10/01/23 TO 09/30/24  VENDOR NAME  AMOUNT 22,758.40 70.71 74.74 22,903.85 22,903.85  WATER FUND - ADMINISTRATIVE COVINGTON ELECTRIC COOPERATIVE SOUTHEAST ALABAMA GAS DISTRICT WELLS FARGO VENDOR FIN SERV  TOTAL  ** END OF REPORT - Generated by Demetris Slater **    05/30/2024 15:42 blewis ORG VENDOR NAME STREET  CITY OF  ENTERPRISE  WARRANT PUBLICATION LIST  WARRANT RANGE: 053024G1 TO 053024G1 DATES:  10/01/23 TO 09/30/24  AMOUNT 42,914.00 42,914.00  MITCHELL CHRYSLER DODGE JEEP R  TOTAL  ** END OF REPORT - Generated 42,914.00  by Bobbi Jo Lewis **    05/30/2024 16:19 dslater ORG  CITY OF ENTERPRISE WARRANT PUBLICATION LIST  WARRANT RANGE: 0520Gf4 TO 0520Gf4 DATES:  10/01/23 TO 09/30/24  VENDOR NAME ADMINISTRATIVE SPIRE  AMOUNT 2,620.80 2,184.18 4,804.98 20.81 20.81 138.18 36.05 174.23 20.81 20.81 139.95 139.95 359.85 445.21 187.66 992.72 82.04 82.04 466.03 466.03 607.29 211.54 778.93 76.45 1,674.21  CANON SOLUTIONS AMERICA  AIRPORT  CANON SOLUTIONS AMERICA  CIVIC CENTER BRIGHTSPEED CINTAS CORPORATION  DISPOSAL DEPT  CANON SOLUTIONS AMERICA  FARMER'S MARKET CS SPIRE FIRE CS SPIRE  CANON SOLUTIONS AMERICA CHARTER COMMUNICATIONS  FLEET MAINTENANCE CINTAS CORPORATION  JUDICIAL  CANON SOLUTIONS AMERICA  PARKS/RECREATION ALABAMA POWER COMPANY CSPIRE CANON SOLUTIONS AMERICA US BANK EQUIPMENT FINANCE    05/30/2024 16:19 dslater ORG VENDOR NAME POLICE BRIGHTSPEED CS SPIRE  CITY OF ENTERPRISE WARRANT PUBLICATION LIST  WARRANT RANGE: 0520Gf4 TO 0520Gf4  DATES: 10/01/23 TO 09/30/24  AMOUNT 181.28 199.99 1,715.74 2,097.01 159.90 20.81 40.28 220.99 424.39 424.39 1,507.90 1,507.90  CANON SOLUTIONS AMERICA  PUBLIC WORKS C SPIRE  CANON SOLUTIONS AMERICA CINTAS CORPORATION  TOURISM  CANON SOLUTIONS AMERICA WATER FUND - ADMINISTRATIVE CANON SOLUTIONS AMERICA  TOTAL  ** END OF REPORT - Generated 12,626.07  by Demetris Slater **    05/30/2024 16:19 dslater ORG  CITY OF  ENTERPRISE  WARRANT PUBLICATION LIST  WARRANT RANGE: 0520Sd4 TO 0520Sd4  DATES: 10/01/23 TO 09/30/24  VENDOR NAME DISPOSAL DEPT CINTAS CORPORATION  AMOUNT 49.71 49.71 49.71  TOTAL  ** END OF REPORT - Generated  by Demetris Slater **    05/30/2024 16:19 dslater ORG  CITY OF ENTERPRISE WARRANT PUBLICATION LIST  WARRANT RANGE: 0520WW4 TO 0520Ww4 DATES: 10/01/23 TO 09/30/24  VENDOR NAME C SPIRE  AMOUNT 11,682.02 79.95 32.11 11,794.08 11,794.08  WATER FUND - ADMINISTRATIVE ALABAMA POWER COMPANY SOUTH ALABAMA ELECTRIC COOPERA  TOTAL  ** END OF REPORT - Generated by Demetris Slater **    05/31/2024 10:59 blewis ORG  CITY OF ENTERPRISE WARRANT PUBLICATION LIST  WARRANT RANGE: 060524G TO 060524G DATES: 10/01/23 TO 09/30/24  VENDOR NAME ADMINISTRATIVE  AMOUNT 1,359.35 172.36 125.00 33.93 51.24 146.10 1,500.00 48.40 838.00 104.97 497.75 9,491.21 35.00 107.48 55.00 14,565.79 177.93 737.21 25.00 1,780.00 2,124.00 6,242.31 65.00 343.12 297.00 11,791.57 6,883.95 50.41 1,127.98 22.74 49,250.00 57,335.08 160.68 160.68 12,783.20 8.61 12,791.81  ALABAMA COMMUNITY NEWSPAPERS ALABAMA POWER COMPANY ALABAMA TROPHY & GIFT CENTER AMAZON CAPITAL SERVICES INC CDW GOVERNMENT, INC. COLUMN SOFTWARE, PBC DIGITAL ASSURANCE CERTIFICATIO ENTERPRISE CHEVROLET FORMAX, A DIVISION OF BESCORP, J2 CLOUD SERVICES LLC LATHEM TIME CORPORATION M4 TECHNOLOGY SOUTHEAST HEALTH ENTERPRISE CL WAL-MART COMMUNITY CARD WIREGRASS REHABILITATION CENTE  AIRPORT AMAZON CAPITAL SERVICES INC BRIGHTSPEED BRUNSON PEST CONTROL DBT TRANSPORTATION SERVICES MILLER ALARM & ELECTRONICS INC PERRY BROTHERS AVIATION FUEL SOUTHEAST HEALTH ENTERPRISE CL WAL-MART COMMUNITY CARD WILLIAMS AUTO PARTS  CIVIC CENTER  ALABAMA POWER COMPANY BRUNSON PEST CONTROL ENTERPRISE PAPER & JANITORIAL LOWES HOME CENTER INC PHILIPS PARKING LOT MAINTENANC  CIVIL DEFENSE  ALABAMA POWER COMPANY  DISPOSAL DEPT  ALABAMA POWER COMPANY BRUNSON PEST CONTROL    05/31/2024 10:59 blewis ORG  CITY OF ENTERPRISE WARRANT PUBLICATION LIST  WARRANT RANGE: 060524G TO 060524G DATES: 10/01/23 TO 09/30/24  VENDOR NAME ENGINEERING  AMOUNT 30,244.80 23.98 222.76 1,311.20 8,379.00 748.41 444.50 22.20 400.00 35.00 6,215.00 270.00 75.04 730.00 49,121.89 775.89 11.38 1,600.00 1,200.00 24.60 3,611.87 27.86 251.30 140.81 4,046.28 9.99 198.80 30.90 225.02 599.00 59.19 7,323.83 45.98 385.12 895.48 51.49 410.00 459.13 491.20 15,651.38 1,640.00 902.42  ALABAMA POWER COMPANY AMAZON CAPITAL SERVICES INC BRUNSON PEST CONTROL COLUMN SOFTWARE, PBC COMFORT SYSTEMS USA ENTERPRISE PAPER & JANITORIAL ENTERPRISE T-SHIRTS INC KNOWMYHIRE.COM SESWA SOUTHEAST HEALTH ENTERPRISE CL SOUTHERN TRUCK OUTFITTERS TRISTATE GRAPHICS WAL-MART COMMUNITY CARD WALTERS CONTROL, INC  FARMER'S MARKET ALABAMA POWER COMPANY BRUNSON PEST CONTROL ENTERPRISE PRINTING LLC GULF SOUTH COMMUNICATIONS MAYER ELECTRIC SUPPLY  FIRE  ACE CONSOLIDATED AÇE OF ENTERP ADVANCE AUTO PARTS AIRGAS USA, LLC ALABAMA POWER COMPANY AMAZON CAPITAL SERVICES INC BOUND TREE MEDICAL LLC BRUNSON PEST CONTROL FOURSTAR FREIGHTLINER G&N M STARTER & ALTERNATOR LOWES HOME CENTER INC O'REILLY AUTO PARTS PARKER'S DIESEL SERVICE PRECISION MED BIOMEDICAL SOLUT SEMINOLE COMMUNICATIONS INC SOUTHEAST HEALTH ENTERPRISE CL SUNBELT FIRE APPARATUS WILLIAMS AUTO PARTS FLEET MAINTENANCE ACCRUIT, LLC FBO THOMPSON TRAC ADVANCE AUTO PARTS  NAFECO    05/31/2024 10:59 blewis ORG  CITY OF ENTERPRISE WARRANT PUBLICATION LIST  WARRANT RANGE: 060524G TO 060524G DATES: 10/01/23 TO 09/30/24  VENDOR NAME DAVIS OIL CO INC FLEETSOFT LLC GOODSON AUTO PARTS INTERSTATE BATTERIES NEXAIR, LLC PARKER'S DIESEL SERVICE THE PARTS HOUSE TOTAL PETROLEUM, LLC TRISTATE GRAPHICS TURNER'S PUMP SHOP WILLIAMS AUTO PARTS  AMOUNT 5,010.38 1,517.00 140.10 2,153.82 228.84 424.74 71.91 403.68 335.00 303.00 401.00 13,531.89 61,719.22 37,862.71 99,581.93 1,953.24 160.37 28.79 2,142.40 183.00 34.99 51.78 55.00 324.77 16.26 279.00 750.00 1,045.26 112.79 15.92 13,693.88 210.00 1,389.29 149.68 129.00 694.04 67.75  GENERAL FUND  PERRY BROTHERS AVIATION FUEL TOTAL PETROLEUM, LLC  INCUBATOR ALABAMA POWER COMPANY BRIGHTSPEED BRUNSON PEST CONTROL  JUDICIAL  AUREUS INTERNATIONAL J2 CLOUD SERVICES LLC ODP Business Solutions WIREGRASS REHABILITATION CENTE  LIBRARY  BRUNSON PEST CONTROL MAYER ELECTRIC SUPPLY SCARLETTE G. NAPPER PARKS/RECREATION AF BEST POOLS ACE CONSOLIDATED AÇE OF ENTERP ALABAMA POWER COMPANY ALABAMA TROPHY & GIFT CENTER BEN E. KEITH BRUNSON PEST CONTROL DACK AUTO SERVICE DOWLING TRUCK AND TRACTOR ENTERPRISE PAINT & INDUSTRIAL    05/31/2024 10:59 blewis ORG  CITY OF ENTERPRISE WARRANT PUBLICATION LIST  WARRANT RANGE: 060524G TO 060524G DATES: 10/01/23 TO 09/30/24  VENDOR NAME ENTERPRISE PAPER & JANITORIAL FLOWERS BAKING CO OF THOMASVIL FOUR R FARMS FROG PRINTZ SCREEN PRINTING, L HUDSON OFFICE SUPPLY COMPANY KELLY SEED COMPANY KNOWMYHIRE.COM L&B SPORTING GOODS LEWIS-SMITH SUPPLY CORP LOWES HOME CENTER INC MEDICAL CENTER ENTERPRISE MIDLAND CITY ROAD MART PARRISH ENTERPRISES INC PEPSI COLA BOTTLING CO OF LUVE RENT READY EQUIPMENT & SALES SOUTHEAST HEALTH ENTERPRISE CL SOUTHERN COLLISION CENTER LLC STRUTHERS RECREATION, LLC SUNSOUTH LLC THE PARTS HOUSE TRI STATE HARDSCAPES WAL-MART COMMUNITY CARD WILLIAMS AUTO PARTS  AMOUNT 1,295.46 129.92 2,896.00 995.50 241.10 2,848.00 1,357.47 5,610.00 3,662.91 139.47 50.00 40.00 510.00 1,061.70 186.96 633.00 2,477.80 11,997.50 217.14 376.87 2,950.00 26.72 1,446.98 57,612.85 1,139.27 263.16 696.67 2,048.19 628.74 1,628.50 2,296.47 418.91 5,964.80 543.20 696.00 346.39 275.00 50.00 700.00 34.99 .00 98.58 49.99 291.96 126.81 1,076.75 285.05 7,369.56 793.35  POLICE 4IMPRINT ADVANCE AUTO PARTS ALABAMA POWER COMPANY AMAZON CAPITAL SERVICES INC ANIMAL HEALTH CENTER AUREUS INTERNATIONAL BATTENS PAINT & BODY BRIGHTSPEED COFFEE CO SHERIFF'S OFFICE ED SHERLING FORD INC EDEN K9 CONSULTING & TRAINING ENTERPRISE CHEVROLET ENTERPRISE SIGNZ GUARDIAN ALLIANCE TECHNOLOGIES HERO INDUSTRIES INC J2 CLOUD SERVICES LLC O'REILLY AUTO PARTS ODP Business Solutions ONE SHOT INDUSTRIES, LLC PETSENSE REEVES COMPANY INC S& P COMMUNICATIONS SP COMMUNICATIONS LLC SEMINOLE COMMUNICATIONS INC SIRCHIE FINGER PRINT LABORATOR    05/31/2024 10:59 blewis ORG  CITY OF ENTERPRISE WARRANT PUBLICATION LIST  WARRANT RANGE: 060524G TO 060524G DATES: 10/01/23 TO 09/30/24  VENDOR NAME SOUTHEAST HEALTH ENTERPRISE CL SOUTHERN ALABAMA PHYS LLP TNVC INC WILKS A-ONE TIRE SE WILLIAMS AUTO PARTS WIREGRASS AVIATION SUPPORT PRO WIREGRASS BODY & FRAME WIREGRASS REHABILITATION CENTE  AMOUNT 175.00 3,405.00 9,060.25 49.99 90.00 1,600.00 5,698.03 55.00 47,955.61 5,593.79 14.99 660.58 43.90 142.56 956.95 2,150.04 101.95 34.99 36.47 6,350.00 16,086.22 19.75 942.00 59.99 25,803.20 1,804.16 7,972.03 256.75 480.06 232.92 566.46 2,562.19 22.20 3,600.00 774.26 3,273.00 108.00 1,995.00 50,471.97 1,365.19 8.61 1,373.80  PUBLIC WORKS ALABAMA POWER COMPANY AMAZON CAPITAL SERVICES INC BRIGHTSPEED BRUNSON PEST CONTROL DOWLING TRUCK AND TRACTOR ENTERPRISE PAPER & JANITORIAL G&C SUPPLY HUDSON OFFICE SUPPLY COMPANY J2 CLOUD SERVICES LLC LOWES HOME CENTER INC TRAILER WORLD ACQUISITION CO,  SANITATION  ADVANCE AUTO PARTS ASHBERRY LANDFILL LLC BATTERY SOURCE COFFEE COUNTY COMMISSION/LANDE ENVIRONMENTAL PRODUCTS GROUP I FOURSTAR FREIGHTLINER GSP MARKETING INC INGRAM EQUIPMENT COMPANY INTERSTATE BATTERIES J& J HYDRAULICS, LLC KNL HOLDINGS LLC KNOWMYHIRE.COM MIDLAND CITY ROAD MART PARKER'S DIESEL SERVICE S&F P COMMUNICATIONS LLC SOUTHEAST HEALTH ENTERPRISE CL SOUTHERN TRUCK OUTFITTERS  SEWER  ALABAMA POWER COMPANY BRUNSON PEST CONTROL    05/31/2024 10:59 blewis ORG VENDOR NAME STREET  CITY OF ENTERPRISE WARRANT PUBLICATION LIST  WARRANT RANGE: 060524G TO 060524G DATES: 10/01/23 TO 09/30/24  AMOUNT 31.72 800.00 723.43 56.14 168.50 232.92 133.31 1,626.80 168.27 118.57 3,084.00 637.00 2,950.00 211.70 53.00 1,178.15 830.41 13,003.92 28,778.16 310.08 28.70 34.99 44.40 35.00 29,231.33 497,392.02  ACCRUIT, LLC FBO THOMPSON TRAC BERRYS CONCRETE PUMPING, LLC DOWLING TRUCK AND TRACTOR ED SHERLING FORD INC INGRAM EQUIPMENT COMPANY INTERSTATE BATTERIES KNOWMYHIRE.COM LEWIS-SMITH SUPPLY CORP LOWES HOME CENTER INC PARKER'S DIESEL SERVICE SMYRNA READY MIX CONCRETE LLC SOUTHEAST HEALTH ENTERPRISE CL SUNBELT RENTALS TRACTOR & EQUIPMENT WILLIAMS AUTO PARTS WIREGRASS CONSTRUCTION CO., IN WIREGRASS CONSTRUCTION COMPANY WATER FUND - ADMINISTRATIVE ALABAMA POWER COMPANY BRIGHTSPEED BRUNSON PEST CONTROL J2 CLOUD SERVICES LLC KNOWMYHIRE.COM SOUTHEAST HEALTH ENTERPRISE CL  TOTAL  ** END OF REPORT - Generated by Bobbi Jo Lewis **    05/31/2024 11:00 blewis ORG  CITY OF ENTERPRISE WARRANT PUBLICATION LIST  WARRANT RANGE: 060524W TO 060524W DATES: 10/01/23 TO 09/30/24  VENDOR NAME GENERAL FUND CITY GENERAL FUND  AMOUNT 29,231.33 29,231.33 89.97 82.53 408.71 23.00 319.56 3,836.53 16,516.00 314.49 7,829.32 373.26 72.80 54.00 445.06 1,160.00 176.73 1,066.82 4,192.38 849.04 231.71 421.80 6,211.59 1,711.00 1,152.56 195.00 427.36 161.00 55.00 48,377.22 77,608.55  WATER FUND - ADMINISTRATIVE ACE CONSOLIDATED ACE OF ENTERP ADVANCE AUTO PARTS ALABAMA 811 AMAZON CAPITAL SERVICES INC CDW GOVERNMENT, INC. CITY OF ENTERPRISE DONALD SMITH CO INC DOWLING TRUCK AND TRACTOR EMPIRE PIPE & SUPPLY ENTERPRISE PAINT & INDUSTRIAL ENTERPRISE PAPER & JANITORIAL GENEVA COUNTY COOPERATIVE ENTE HAWKINS INC HOUSTON COUNTY REGIONAL WATER HUDSON OFFICE SUPPLY COMPANY JOHNSTON MATERIALS SUPPLY LLC LEWIS-SMITH SUPPLY CORP LOWES HOME CENTER INC ODP Business Solutions RENT READY EQUIPMENT & SALES SERVICE CHEMICAL INDUSTRIES, I SOUTHERN ELECTRIC MOTOR SERVIC SOUTHERN PIPE & SUPPLY CO INC TRAWICK GARDENS & LANDSCAPES L UNIFIRST CORPORATION WILLIAMS AUTO PARTS WIREGRASS REHABILITATION CENTE  TOTAL  ** END OF REPORT - Generated by Bobbi Jo Lewis **    05/31/2024 11:00 blewis ORG  CITY OF ENTERPRISE WARRANT PUBLICATION LIST  WARRANT RANGE: 060524SD TO 060524SD DATES: 10/01/23 TO 09/30/24  VENDOR NAME DISPOSAL DEPT ACCRUIT, LLC FBO THOMPSON TRAC BECKHAM SEPTIC TANK & DITCHIN CEDARCHEM LLC CITY OF ENTERPRISE HAWKINS INC HIGHVIZ LLC MARK DONNELL SAND COMPANY NANTZE SPRINGS INC PARKER'S DIESEL SERVICE USABLUEBOOK VESTIS GROUP - WESTERN FIRST A WILLIAMS AUTO PARTS  AMOUNT 2,970.40 1,200.00 2,857.68 1,024.42 450.00 560.00 1,500.00 19.90 51.94 4,360.33 399.60 181.80 15,576.07 14,165.61 14,165.61 4,834.23 307.40 2,000.00 4,281.97 18.00 1,611.00 232.92 4,455.66 1,170.24 54.32 6,526.84 470.87 8,436.06 3,496.00 23,417.80 14,991.36 76,304-67 61,313.31 106,046.35 G1,054.99  GENERAL FUND CITY GENERAL FUND  SEWER ACCRUIT, LLC FBO THOMPSON TRAC ALABAMA 811 BECKHAM SEPTIC TANK & DITCHIN CITY OF ENTERPRISE FASTENER SERVICE INC IMPROVED CONSTRUCTION METHODS INTERSTATE BATTERIES JOHNSTON MATERIALS SUPPLY LLC LOWES HOME CENTER INC RENT READY EQUIPMENT & SALES S& P COMMUNICATIONS LLC SANSOM EQUIPMENT COMPANY SOUTHERN PIPE & SUPPLY CO INC SOUTHERN TRUCK OUTFITTERS TALCO INDUSTRIAL CHEMICALS, IN TOWNSEND BUILDING SUPPLY)  TOTAL  ** END OF REPORT - Generated by Bobbi Jo Lewis **    blewis 05/31/2024 11:01  CITY OF ENTERPRISE WARRANT PUBLICATION LIST  WARRANT RANGE: 060524E TO 060524E  DATES: 10/01/23 TO  ORG VENDOR NAME E-911 CGI SYSTEMS CITY OF ENTERPRISE HUDSON OFFICE SUPPLY COMPANY MOORE PROPERTIES, LLC SOLACOM  09/30/24  AMOUNT 700.00 132.53 173.94 1,500.00 1,300.00 3,806.47  TOTAL  ** END OF REPORT - Generated 3,806.47  by Bobbi Jo Lewis **    05/31/2024 11:01 blewis ORG VENDOR NAME TOURISM  CITY  OF ENTERPRISE WARRANT PUBLICATION LIST  WARRANT RANGE: 060524TT TO 060524TT  DATES: 10/01/23 TO  09/30/24  AMOUNT 450.00 1,230.00 1,330.00 308.37 975.00 1,200.00 199.00 5,692.37  ALABAMA TROPHY & GIFT CENTER DURDEN OUTDOOR DISPLAYS, INC. ENTERPRISE PRINTING LLC HUDSON OFFICE SUPPLY COMPANY ISOM LASER AND LENS LLC KPS LLC TRISTATE GRAPHICS  TOTAL  ** END OF REPORT - Generated 5,692.37  by Bobbi Jo Lewis **    blewis 05/31/2024 11:01  CITY OF ENTERPRISE WARRANT PUBLICATION LIST  WARRANT RANGE: 060524SC TO 060524SC  DATES: 10/01/23 TO  ORG  09/30/24  VENDOR NAME SENIOR CITIZENS CENTER AMAZON CAPITAL SERVICES INC CITY OF ENTERPRISE ENTERPRISE PAPER & JANITORIAL GULF SOUTH COMMUNICATIONS HUDSON OFFICE SUPPLY COMPANY WILLIAMS AUTO PARTS  AMOUNT 29.49 695.67 314.32 1,501.00 41.00 18.00 2,599.48  TOTAL  ** END OF REPORT - Generated 2,599.48  by Bobbi Jo Lewis **    05/31/2024 11:02 blewis ORG  CITY OF ENTERPRISE WARRANT PUBLICATION LIST  WARRANT RANGE: 060524CC TO 060524CC DATES:  10/01/23 TO 09/30/24  VENDOR NAME  AMOUNT 1,175.12 78,384.00 79,559.12  CAPITAL PROJECTS - STREET COLUMN SOFTWARE, PBC LEWIS INCORPORATED  TOTAL  ** END OF REPORT - Generated 79,559.12 by Bobbi Jo Lewis **    ACCOUNTS PAYABLE MAY 2024-B CITY OF ENTERPRISE TOTAL  TOWNSEND BUILDING SUPPLY ACTION OF THE MAYOR APROVAL EXCEPTIONS DATE_  $14,991.36    COPY sent to Dee 05.03.2024 Customer Statement  a4ia1 5RuRr  Image  Customer 0000228-CITY OF ENTERPRISE Statement: 135 Generatedat5 5/1/2024 7:28:00AM  Sales Invoice  Enterprise 533E Boll Weevil Circle 334-347-2224  lownsend BUILDING SUPPLY  Enterprise, Alabama 36330 Invoice No  1627559 04/11/2024 NET10TH 0000228 241271 8047745 Mike Hogan  Involce Date Terms Customer Your Ref Our Ref TakenBy  Invoice Address CITY OFE ENTERPRISE POBOX311000 ENTERPRISE, AL, 36331  DeliveryAddress CITYOF ENTERPRISE SEWER DEPT ENTERPRISE, AL, 36331  Page 1of1  Speclall Instructions 4-8V WEEKS Line Description 40/1  Notes  Qly/Footage 40ea  Price Per 137.60 ea  Total 5,50400  1 OAUEENCIBHXWBPTROUNOPOLE  RECEIVED  By Bobbi Joi Lewis- Accounts Payable at9 9:27 am, May 03, 2024  Bado  060- CRT  Thei invoice is due on 05/10/2024. costs and expenses ofs such collection. Goads receiveding good conditiont by: REGGIE  Total Amount Sales Tax: Invoice Total  $5.504.00 $0.00 $5,504.00  Paymentin fullisc dueb byt thec dued dates shown above. Ifthe invoicei is notp paidbyt thec dued date, Customer agreestopay interesto ant theu unpaidb balance atther rated of1.5% pern month or1 18%p pera annume ofthet totalf fromt the date following thes due date untilt tho date sucht balance, plusi interost, isp paidin fullort ther maximum permitted! by law! (whichever is lesser). Intheevent that Customer's accountisp placedint the hands ofana attorney forc collection, Customer alsop promisest topayt ther reasonable  AlI Special Order sales are Finall No Returns or Exchanges allowed on Special Order Items! Product will bei invoiced within 30 days of arrival  Signature 5/1/2024 8:24:43AM  Page: 2of3    COPY sent to DEE 05.03.2024 Customer Statement Image  Customer: 0000228- CITY OF ENTERPRISE Statement: Generated 5/1/2024  241846er  135  at5  7:28:00AM  Sales Invoice  Enterprise 533 Boll Weevil Circle 334-347-2224  lownsend BUILDING SUPPLY  Enterprise, Alabama 36330 Invoice No  1627991 04/11/2024 NET10TH 0000228 241846 8133190 Charles Anderson  Involce Date Terms Customer Your Ref Our Ref Taken By  Invoice Address CITY OF ENTERPRISE POBOX311000 ENTERPRISE AL, 36331  Delivery Address CITYOF ENTERPRISE 529 GLOVER AVE ENTERPRISE, AL, 36331  Page. 1of1  Speclal Instructions ells sotake sO 8047745, goin! the side gate on lester eve please call Bob e 334-464-0434 Line Description 100/1  Notes  Qty/Footage 100 ea  Price Per 89.64 ea  Total 8,964.00 3000  SOLUMEERPLY.2386- -8'BUUTX: 12"PILING CCA.BO Deliveryo (Auto)- Delivery- Automatic Delivery Charge  RECEIVED  By Bobbi. Jo Lewis Accounts Payable at 9:28 am, May 03, 2024  Dlo  Thei invoice is due on 05/10/2024. costs ande expenses ofs such collection. Goods receivedin goodo conditionby: REGGIE  Total Amount Sales Tex Invoice Total  $8,994.00 $0.00 $8,994.00  Paymentin in fullisd duet by thed due dates showna abave. Ifthei invoiceis notp paidbyt the due date. Customer agreest topay interesto ont the unpaid! balance attherated of1.5% perr month or 18% pera annum ofthet totalf fromt thec datef followingt thec dued date untilt the date sucht balance, plusi interest, ispaidinf full or: the maximump permitted! by law (whicheveri is lesser). Inthe event that Customer's accounti isp placedint the hands ofana attorney forc collection, Customer aisop promises top payt ther reasoneble  All Special Order sales are Finall No Returns orE Exchanges allowed on Special Order Items! Product will bei invoiced within 30 days of arrival.  Signature 5/1/2024 8:24:43AM  Page 3of3    048292 'Collect Later Order Sever Order No Order Date Customer Your Ref Delivery Taken By  Enterprise 533 Boll Weevil Circle Enterprise, Alabama 36330 334-347-2224  lownsend BUILDING SUPPLY  8208925 04/26/2024 0000228 242292 On05/10/2024 Steven Watkins  Invoice Address CITY OF ENTERPRISE POBOX: 311000 ENTERPRISE, AL, 36331  Delivery Address CITY OF ENTERPRISE POBOX: 311000 ENTERPRISE, AL, 36331  Page1of1  Special Instructions Line Product Code 2 Delivery  Notes  Description Delivery Charge  Qty/Footage 24ea  Price Per 19.97 ea  Total 479.28 14.08  1 22.S0-GENERIC.7045 MASTER LOCK MOD: #M5KALF, KEY #X2445  RECEIVED  RECEIVED MAY30:2024 A4  By Bobbi. Jo Lewis Accounts Payable at3 3:16 pm, May 30, 2024  GAVE CCTO D.SLATER 05.30.2024  B  Total Amount Sales Tax Order Total  $493.36 $0.00 $493.36  All Special Order sales are Final! No Returns or Exchanges allowed on Special Order Items! Product will be invoiced with 30 days of arrival.  Subjecttoc our terms and conditions ofs sale. Further copies available on request    TRAVEL REQUESTS CITY COUNCIL MEETING JUNE 4, 2024  E-911 Tangi Hill Prattville, Alabama July 24-26, 2024 Estimated Cost: $605.15  911 Districts Workshop, SEAL 911 & State Board Meetings    CITY OF ENTERPRISE TRAVEL REQUEST FORM  Hill  NAME EMPLOYEE: OF TITLE OF EMPLOYEE: DEPARTMENT:  Tangi  E911 Coordinator  E911  ANTICIPATED TRAVEL DATES: LOCATION OF TRAVEL: SPECIFIC BUSINESS PURPOSE: (ie. seminar, attend conference, continuing education, etc.) (Makes sure top provide the full name of acronyms used.) Scheduled and Required Meetings for ECD  Juhy24-26.2024 Prattville, AL  Attend 911 Districts Workshop, SEAL911 and State Board meetings  Describe the essential nature of the travel request and how this travel will benefit the City:  This class is designed to provide key county staff with the proper skills to most effectively communicate with the media, the citizens of the county, and other county personnel. In addition, participants will receive intensive training on Alabama's open meetings law, the legal requirements for release of open records, and tips on how best to utilize social media  at the local government level.  Montgomery Marriott Prattville Hotel & Conference Center at Capitol Hill  2500 Legends Circle Prattville Alabama 36066  Fee: Per Diem: $120.00 Hotel Cost $_385.15 Total:  $100.00 $605.15  Employee Signature: TangiHil Dept. Head Signature: a0JehaE  Date: 5/17/2024 Date: 5117/2024    ORDINANCE 05-21-24-C DANGEROUS BUILDINGS  ANORDINANCE CONCERNING UNSAFESTRUCTURES, AND  WHEREAS, within the City of Enterprise, Alabama ("the City"), there exists and/or may existi in the future parcels ofr real property that due to poor design, obsolescence, or neglect, have become unsafe  tot the extent ofb becoming public nuisances, and;  WHEREAS, much oft this property is vacant ori ina a state of disrepair and is causing or may cause ab blight orb blighting influence on the City and the neighborhoods in which the property is located, and; WHEREAS, such property constitutes at threat tot the health, safety, and welfare to the citizens of WHEREAS, inc compliance with Sections 11-40-301 through 11-40-36, inclusive, of the Code of Alabama (1975) andi in compliance with Sections 11-53B-1 through 11-53B-16, inclusive, ofthe Code of Alabama (1975), the City Council of Enterprise, Alabama ("the Council") desires to amend its policies and procedures for repairing, moving or demolishing buildings and structures, or parts of buildings and structures, party walls, and foundations when found to be unsafet to the extent of being ap public nuisance  the City and is ani impediment toe economic development within the City, and;  froma any cause; and  WHEREAS, the Council desires that the City employ, alternatively, all tools provided by law to the City for the fixing of costs, creation ofl liens, making of assessments, and collection of costs associated. withr repairing, moving or demolishing! buildings and structures, or parts of buildings and structures, party walls, and foundations when foundt tob be unsafe to the extent of being aj public nuisance from any cause, including! but not limited to Section 6-5-122 of the Code of Alabama (1975), Sections 11-40-301 through 11-40-36, inclusive, oft the Code of Alabama (1975), Sections 11-47-117 through 11-47-118, inclusive, of the Code of Alabama (1975), Section 11-47-131, oft the Code of Alabama (1975), Sections 11-53-1 through 11-53-4, inclusive, oft the Code ofA Alabama (1975), and Sections 11-53B-1 through 11-53B-16,  inclusive, oft the Code of Alabama (1975).  THEREFORE, BEI ITI NOW ORDAINED by the City Council of Enterprise, Alabama, as  follows:  Section 1.  Establishment of Unsafe Structures and Dangerous Buildings Code.  The Code ofOrdinances of Enterprise, Alabama, ish hereby amended to delete Article XII of Chapter 6i ini its entirety (with Sections 6-160 through 6-174 reserved) and adda a new Chapter 6. Article  XVI(with Sections 6-198 and 6-199 reserved in Article XV)t to read as follows:  ARTICLE. XVI. UNSAFESTRUCTURES ANDI DANGEROUS Sec. 6-200. Duties of Appropriate Municipal Official. (a) Thet term Appropriate Municipal Official" as used in this Article shall meant the City building official, any City building inspections officer or deputy, the fire marshal, and any other City official or City employee designated byt thel Mayor ast the person to exercise the authority and perform the duties delegated byt this Article.  BUILDINGS.    (b) The Appropriate Municipal Official may:  (1) Inspect, or cause tol be inspected, semiannually all public buildings, halls, churches, theatres, hotels, tenements, commercial manufacturing or loft buildings for the purpose of determining whether any conditions exist which render anys such place a "dangerous building" as (2) Inspect any building, wall or structure about which complaints are filed by any person tot the effect thata building, wall or structure is, or may be, existing in (3) Inspect any building, wall or structure reported (as hereinafter provided for) by the fire department or police department as probably existingi in violation oft the terms (4) Perform such other duties as are set forth in this Article. (c) The Appropriate Municipal Officiali is hereby authorized and directed to enforce all oft the provisions oft this Article. Upon presentation oft the proper credentials, the Appropriate Municipal Official may enter any building, structure, part oft building or structure, party wall, foundation, or premises fort the purpose ofi inspection, to prevent violation oft the provisions ofthis Article, and/or to carry out an order  defined by this Article; violation of this Article; oft this Article; and  given pursuant tot this Article. Sec. 6-201. Dangerous buildings defined.  Any building, structure, part oft building or structure, party wall, or foundation which has any of the following defects may be deemeda (1) Those whose interior walls or other vertical structure members list, lean, or buckle tos such ane extentt that a plumb line passing through the center of gravity falls outside oft the middle third ofi its base; (2) Those which, exclusive oft the foundation, show thirty- three (33) percent, ori more, of damage or deterioration of one (1) or more supporting members, or fifty (50) percent of damage or deterioration of the non-supporting enclosing or outside walls or covering; (3) Those which! have improperly distributed loads upont the floors or roofs, ori in which the same are overloaded, or which have insufficient strength to be reasonably safe (4) Those which have been damaged by fire, wind, earthquake, flood, sinkhole, deterioration, neglect, abandonment, vandalism, or any other cause so as to have become dangerous to! life, health, property, morals, safety, or general welfare ofthe public ort the occupants; (5) Those which have become or are SO damaged, dilapidated, decayed, unsafe, unsanitary, lacking in maintenance, vermin orr rati infested, containing filth or contamination, lacking proper ventilation, lacking sufficient illumination, or whichs SO utterly fail to provide the amenities essential to decent living that they are unfit for human habitation, or are likely to cause sickness or disease, so ast to work injury tot the life, health, property, morals, safety, or general welfare oft the public or the  "dangerous building":  for the purpose used;  occupants;    (6) Thosel having light, air, heating, cooling, and sanitation facilities which arei inadequate to protect the life, health, property, morals, safcty, or general welfare oft the public (7) Thosel having inadequate facilities fore egress in case of fire or panic, or those having insufficient stairways, elevators, fire escapes, or other means ofi ingress and egress to and from said building; (8) Those which do not provide minimum safeguards to protect or warn occupants int the event of fire; (9) Those which contain unsafe equipment, including any boiler, heating equipment, elevator, moving stairway, electrical wiring or device, flammable liquid containers, or other equipment on the premises or within the structure which isi in such disrepair or condition that such equipment isa al hazard tot the life, health, property, morals, safety, or general welfare ofthe public or the (10) Those whicha are so damaged, decayed, dilapidated, structurally unsafe, or ofs such fault construction or unstable foundation that partial or complete collapse is (11) Those whichl have parts thereof which are so attached that they may falla and damage property ori injure the (12) Those, or any portion thereof, which are clearly unsafe (13) Those which are neglected, damaged, dilapidated, unsecured, or abandoned so as tol become an attractive nuisance to children who might play inc or ont the building, structure, part ofbuilding ors structure, party wall, or foundation to their danger, becomes al harbor for vagrants, criminals, or immoral persons, ore enables persons to resort tot the building, structure, part of building ors structure, party wall, or foundation for committing: a nuisance or an unlawful act; (14) Those which! have any portion remaining on a site after the demolition or destruction of the same or whenever thel building, structure, part of building or structure, party wall, orf foundation is abandoned so as to constitute such building, structure, part oft building or structure, party wall, or foundation as an attractive nuisance or (15) Those which because oft their condition are unsafe, unsanitary, or dangerous to the life, health, property, morals, safety, or general welfare oft the public or the (16) Those with a condition or conditions that violate the City's technical codes adopted from time to time ifsuch violation(s): are unsafe tot the extent oft becoming ap public  ort the occupants;  occupants; possible;  public ort the occupants; for their use or occupancy;  hazardt to the public; occupants; and nuisance.    Sec. 6-202. Buildings defined.  For purposes of this Article, the term "building" is deemed to include alls structures, appurtenances, improvements, and items on the property, whether or not attached to ora apart oft the main structure, including, but not limited to, houses, mobile or manufactured homes, trailers, garages, sheds, carports, other accessory: structures, pools, as well as any items located therein or on the subject property, including, junk, rubbish, trash, litter, grass and weeds as defined by the City's grass and weed abatement ordinance,. junked motor vehicles, and/or any other matter declareda a nuisance under existing law. Sec. 6-203. Dangerous buildings constitute nuisances. All dangerous buildings" are hereby declared to be public nuisances, and may be repaired, vacated, moved, or demolished as Sec. 6-204. Standards for repair, move, vacation, or demolition. The following standards may be followed ins substance by the Appropriate Municipal Official in ordering a repair, move, demolition, (1) Ifany building, structure, part oft building ors structure, party wall, or foundation can reasonably be repaired within a reasonable time and at a reasonable cost relative to the value oft the structure sot that it will nol longer exist in violation of the terms ofthis Article, it may be (2) Ifanyb building, structure, part of building or structure, party wall, orf foundation can reasonably be moved so thati it will no longer exist in violation oft the terms of this Article, it may be ordered to be moved. (3) Ina any case where any building, structure, part of building ors structure, party wall, or foundation is substantially damaged or decayed, or deteriorated from its original value or structure (noti including the value of the land), it may be demolished, and in all cases where any! building, structure, part of building or structure, party wall, or foundation cannot be reasonably repaired sot thati it will nol longer exist in violation of the terms of this Article, iti may! be demolished. In all cases where any building, structure, part ofb building ors structure, party wall, orf foundation isa a fire hazard existing in violation oft the terms oft this Article, iti may! be demolished. (4) Ifanyb building, structure, part of building or structure, party wall, or foundation isi ins such condition as to make itdangerous tot the life, health, property, morals, safety, or general welfare oft the public or the occupants, it and/or the entirety or other portion oft the premises upon which iti is located may be ordered to be vacated.  provided by this Article.  and/or vacation:  ordered tol be repaired.  Where one or more oft the standards above may apply, the Appropriate Municipal Official may, in his sole discretion, choose to order any one,  any combination, or all oft thei foregoing remedies.    Sec. 6-205. Notice from Appropriate Municipal Official of unsafe (a) Whenever the Appropriate Municipal Official of the City finds that any building, structure, part of building or structure, party wall, or foundation situated in the City is unsafe to the extent that iti is a public nuisance, the Appropriate Municipal Official may, as set forth in this Section, give notice tor remedy the unsafe or dangerous condition oft the building or structure. The notice shall identify the street address, the legal description, and the parcel identification number of the property where the building, structure, part of building or structure, party wall, or foundation is located. The notice shall set forth in detail the basis for the Appropriate Municipal Official's finding and shall direct the owner or (1) In the case where repair is required, accomplish the specified repairs or improvements within a reasonable time set out int the notice, which time shall not be less than forty-five (45) days of the date oft the notice ori if the same cannot be repaired within that time to provide the Appropriate Municipal Official with a work plant to accomplish the repairs, which plan shall bes submitted within forty-five (45) days of the making of the notice and shall be subject to the approval of the Council. (2) In the case where a move or demolition is required, move or demolish the building, structure, part of building or structure, party wall, or foundation within a reasonable time set out int the notice, which time shall not be less than forty-five (45) days oft the notice.  condition.  owners tot take either of the following actions:  The notice shall state that, int the event the owner does not comply within the time specified therein, the repairs, the move, or the demolition shall be accomplished by the City andt the cost thereof assessed against the property. The repair, move, or demolition must be completed to the Appropriate Municipal Official's satisfaction, or the same may be completed and accomplished by the City and the cost thereof assessed against the property. The notice shalli inform the recipients that a public hearing as provided for by Section 6-206(a) shall be held on the finding ofthe Appropriate Municipal Official atad date, time, and location The Appropriate Municipal Official may also order that any building, structure, or part ofbuilding or structure ordered to be repaired, moved, or demolished be vacated along such terms as the Appropriate (b) The Appropriate Municipal Official shall give the notice required by Subsection (a)oft this Section by all oft the following means: (1) By certified or registered mail, properly addressed and postage prepaid, to all oft the following persons or  specified int the notice.  Municipal Official deems appropriate.  entities:  The person or persons, firm, association, or corporation last assessing the property for state taxes to the address on filei in the Coffee County Revenue Commissioner's Office; ii. Ther record property owner or owners (including any owner or owners ofa ani interesti int the property) as shown from a search oft the records ofthe office ofthe. Judge of Probate of Coffee County, Alabama, at the owner or owners' last known address and at the address oft the subject  property;    iii. All mortgagees of record as shown froma search of the records of the office oft the. Judge of Probate of Coffee County, Alabama, tot the address set forthi in the mortgage or, ifno address for the mortgagee is set forth in the mortgage, to the address determined to be the correct address by the Appropriate Municipal iv. All lien holders ofr record as shown from a search of the records oft the office ofthe. Judge of Probate of Coffee County, Alabama, to the address set forth in the statement of lien or, ifno address for the lien holderi is set forth in the statement of lien, to the address determined tot be the correct address by the Appropriate Municipal Official; and Any person whoi is otherwise known to the Clerk ort tot the Appropriate Municipal Official to have ani interest int the property;  Official;  (2) By posting notice of the order, or a copy thereof, within three (3) days oft the date of mailing required by Subsection (b)(I) of this Section, at or within three feet of an entrance to the building or structure. Ifthere is no entrance, the notice may be posted at any location on the (3) By recording notice oft the order, or a copy thereof, in the office of the Judge of Probate of fCoffee County, Alabama, on or before the date of mailing required by Subsection (b)(I) of this Section.  building or structure; and  (c) In addition to the required notice provisions in Subsection (b) of this Section, the Appropriate Municipal Official may, in his sole discretion, publish a short form of the notice described in Subsection (a) oft this Section in the Enterprise Ledger or other publication of general (d) In the event that the identity of the record property owner(s). cannot be ascertained after a reasonably diligent search, the Appropriate Municipal Official, in addition to complying with the applicable notice provisions in Subsection (b) of this Section, shall issue notice to the unknown property owner(s) by publishing a short form oft the notice described in Subsection (a) of this Section int the Enterprise Ledger or other publication of general circulation in Coffee County, Alabama, once (€) A failure by the Council to act on the findings of the Appropriate Municipal Official within one hundred twenty (120) days from the date ofmailing required by Subsection (b)(1)oft this Section shall constitute an abdication of the Appropriate Municipal Official's findings. However, this shall in no way prevent the City from reinitiating the proceedings authorized by this Article at anyt time so long as all the requirements of this Article are satisfied anew. Furthermore, this does not require that the ordered demolition, move, or repairs take place within one hundred twenty (120) days from the date of mailing required by Subsection (b)(1)  circulation in Coffee County, Alabama.  a week for four consecutive weeks.  ofthis Section.    Sec. 6-206. Hearings, appeais, and extensions.  (a) After the time specified in the notice provided for by Section 6- 205(a)b but nol less than fifty (50) days from the date the noticei is given as provided for by Section 6-205(b)(1), whichever is later, ifthe owner of any property cited hereunder: fails to comply with the notice prescribed, the Council shall hold ap public hearing to receive any objections to the finding by the Appropriatel Municipal Officialt that the building or structure is unsafe tot the extent oft becoming a public nuisance. A written request fora aj public hearingi is not necessary.. At the public hearing, the Council shall also receive any written objections tot the finding by the Appropriate Municipal Official. Any such written objection must be submitted tot the Clerk priort tot the start oft the Council meeting at which the public hearingi isl held. No action shall bet taken ont the finding of the Appropriate Municipal Official until determination thereon is made by (b) Upon holding the hearing, the Council may determine whether or not the building or structure is unsafe tot the extent thati it is a public nuisance. Ifiti is determined by the Council that the building or structure is unsafe tot the extent thati iti is a public nuisance, the Council may take (1) Int the case where repair is required, order repair of the building att the expense oft the City and assess the expenses oft the repair on the land on which thel building stands or to whichi iti is attached. (2) Int the case where a move or demolition ist required, order moving or demolition oft the building att the expense of the City and assess the expenses oft the move or demolition on the land on whicht the building stands or to  the Council.  either oft the following actions:  which it is attached.  The Council may also ordert that any building, structure, or part of building or structure to be repaired, moved, or demolished be vacated along sucht terms ast the Council deems appropriate. (c) Any person aggrieved by the decision oft the Council att the hearing may, within ten (10) days thereafter, appeal to the Circuit Court of Coffee County, Alabama, upon filing with the Clerk oft the Circuit Court of Coffee County, Alabama, notice oft the appeal and bond for security of costs int the form anda amount to be approved by the Circuit Clerk. Upon filing oft the notice ofa appeal and approval oft the bond, the Circuit Clerk oft the court shall serve a copy oft the notice of appeal on the Clerk and the appeal shall be docketed int the Circuit Court, and shall be apreferred case therein. The Clerk shall, upon receiving the notice, file with the Circuit Clerka copy of the findings and determination of the Council ini its proceedings.. Any trials shall be held without jury upont the determination oft the Council that the building ors structure is unsafe tot the (d) Aftert twenty (20) days oft the decision oft the Council, ifa repair, move, or demolition is ordered by the Council and if an appeal has not been taken tot the Circuit Court as provided for by Section 6-206(c), then the repair, move, or demolition may be accomplished byt the City by the use ofi its own forces, ori it may provide by contract for the repair or demolition. Int the event that an appeal is taken tot the Circuit Court as provided for by Section 6-206(c), once aj judgment authorizing: a repair, move, or demolition becomes final as provided by law, then the repair, the move, ort the demolition may be accomplished by the City by the use ofi its own forces, ori it may provide by contract for the repair, the move, (e) A failure by the Cityt to accomplish the repair, move, or demolition ofab building, structure, part of building or structure, party wall, orf foundation within one hundred eighty (180) days of the passage oft the resolution ordering the same shall constitute an abdication ofthe Council's order unless one oft the following conditions is satisfied:  extent that iti is aj public nuisance.  ort the demolition.    (I) An aggrieved party has filed an appeal pursuant to or (2) A court of competent. jurisdiction has enjoined or otherwise halted the repair, move, or demolition; (3) All parties identified by the Appropriate Municipal Official pursuant to Section 6-205/b)()have entered into a written agreement allowing for an extended period oftime within which the repair, move, or demolition (4) All parties identified by the Appropriate Municipal Official pursuant to Section 6-205/b)(I)have noted ata meeting of the Council their agreement allowing for an extended period of time within which the repair, move, or demolition may be accomplished and the agreement is reflected int the minutes of the Council; or (5) Further action ist taken by the Council as provided! by Subsection (f) oft this Section. (f) Iffor any reason an ordered repair, move, or demolition cannot be accomplished within one hundred eighty (180) days oft the passage of the resolution ordering the same, the Appropriate Municipal Official shall make a report of the same and the length of any desired extension to the Council. The Clerk shall distribute a copy oft the report to the members of the Council." The Clerk shall set the report on the proposed extension for a public hearing at a meeting oft the Council. The Clerk shall give no less than ten (10) days' notice of the meeting at which the proposed extension ist tob be considered by certified mail to all persons or entities listed in Section 6-205(b)(1). Notice shall be deemed complete upon mailing. Any person, firm, or corporation having an interest in the property may be heard at the meeting as to any objection to the proposed extension or the length thereof. Following the public hearing, the Council may adopt a resolution extending the time for the repair, move, or demolition to be accomplished for such period of time as it deems necessary. The Council need not order an extension before the time to complete the repair, move, or demolition expires in order for the extension to be effective, but ift the Council desires to extend the time to complete the repair, move, or demolition, then the Council must order the extension no more than sixty (60) days after the expiration of the then existing deadline to complete the repair, move, or demolition. The Council may order repeated extensions ifthe process set forthi in this Subsection is followed for each extension. (g) Nothing in this Article shall prevent the City from reinitiating the proceedings authorized by this Article at any time so long as all the requirements oft this Article are satisfied anew. (h) The City may sell or otherwise dispose of salvaged materials resulting from any demolition pursuant to this Article. Sec. 6-207. Fixing of costs as final assessment.  allegedly pursuant to this Article;  may be accomplished;  (a) Upon repair, move, or demolition oft the building or structure, the Appropriate Municipal Official shall make ar report to the Council ofthe cost thereof by tendering a copy oft the report to the Clerk. The Clerk shall distribute a copy of the report tot the members oft the Council. The proceeds of any moneys received from the sale of salvaged materials from the building or structure shall be used or applied against the cost of demolition. The Clerk shall set the report ofc costs for a public hearing at (b) The Clerk shall give no less than ten (10) days' notice of the meeting at which the fixing oft the costs is to be considered by certified mail to all persons or entities listedi in Section 6-205(b)(1). Notice shall  a meeting of the Council.  be deemed complete upon mailing.    (c) Any person, firm, or corporation having ani interest in the property may bel heard at the meeting as to any objection tot the fixing of (d) Following thej public hearing, the Council may adopt a resolution fixingt the costs whichi it finds were reasonably incurred ini the repair, the move, or the demolition and assessing the costs against the lot or lots, parcel or parcels ofl land upon which the building or structure was located Sec. 6-208. Tax lien for the final assessment ofai move or demolition. (a) Thei final assessment fora ai move or demolition once made and confirmed by the Council shall constitute al lien on the property for the amount oft the final assessment. The lien shall bes superior to all other liens on the property except liens for taxes, ands shall continue in force until paid. The Clerk shall file a certified copy ofther resolution int the office ofthe. Judge of Probate of Coffee County, Alabama, and with the Coffee County Revenue Commissioner's office. Int the case ofaf final assessment resulting from a move or demolition accomplished pursuant to this Article, upon filing, the Revenue Commissioner of the county shall addt the amount oft the lien to the ad valorem tax bill on the property and shall collect the amount asi ifit were at tax and remit the amount to (b) The City may assess the final assessment ofar move or demolition against any lot orl lots, parcel or parcels ofl land purchased by the State of Alabama at any salef for the nonpayment of taxes, and where the assessment isr made against the lot or lots, parcel or parcels ofl land,a subsequent redemption thereof by any person authorized tor redeem, or sale thereof! by the state, shall not operate to discharge, ori in any manner affectt the lien oft the Cityf for the assessment, but any redemptioner or purchaser at any sale by the state of any lot or lots, parcel or parcels of land upon which an assessment has been levied, whether prior to or subsequent to a sale tot the state for the nonpayment oft taxes, shall take the same subject tot the assessment. The assessment shall then be added tot the tax bill oft the property, collected as a tax, and remitted to the City. (a) Payment ofai final assessment resulting from a move or demolition accomplished pursuant tot this Article shall be madei in the manner and as provided for the payment ofr municipal improvement assessments in Section 11-48-48 oft the Code ofA Alabama (1975), as the same has heretofore or may hereafter be amended. Upon the property owner's failure toj payt the assessment, the officer designated by the City to collect the assessments shall proceed to collect the assessment as provided in Sections 11-48-491 to 11-48-60, inclusive, of the Code of Alabama (1975). The City may, in the latter notice, elect tol have the Revenue Commissioner collectt the assessment by adding the assessment tot the tax bill. Upont the election, the Revenue Commissioner shall collect the assessment using all methods available for collecting ad (b) Payment ofaf final assessment resulting from a repair accomplished pursuant to this Article shall be made in the manner and as provided in Section 11-53B-7 oft the Code of Alabama (1975), as the samel has heretofore or may hereafter be amended. Upon the property owner'sf failure toj pay the assessment, the officer designated by the City to collect the assessments shall proceed to collect the assessment as providedi in Sections 11-53B-8t to 11-53B-14, inclusive, of the Code of  the costs ort the amounts thereof.  ("the final assessment").  the City.  Sec. 6-209. Payment of assessments.  valorem taxes.  Alabama (1975).    Sec. 6-210. Emergency action.  (a) The Appropriate Municipal Official isl hereby authorized to initiate thei immediate repair, move, or demolition ofal building, structure, or portion thereof when int the opinion of the Appropriate Municipal Official such emergency action is required due toi imminent danger ofs structural collapse endangering adjoining property, the public right of way, or human life orl health. Int the case of emergency action pursuant tot this Subsection (a), the Appropriate Municipal Official may promptly cause such building, structure, or portion thereof to be made safe, secured, or removed. Fort this purpose, the Appropriate Municipal Official may at once enter such structure withs such assistance and ats such cost ast the Appropriate Municipal Official may deem necessary. The Appropriate Municipal Official may vacate adjacent structures and protect the public by appropriate fence ors such other means as may be necessary, and for this purpose, the Appropriate Municipal Official may (b) Alternatively, the Councili isl hereby authorized to, by resolution orr motion reflected upont the minutes ofi its proceedings, order the immediate repair, move, or demolition ofa building, structure, or portion thereof wheni int the opinion of the Council such emergency actioni is required due toi imminent danger ofany type endangering adjoining property, the public right of way, or! human life orl health. Int the case of emergency action pursuant tot this Subsection (b), the Council may promptly order and cause such building, structure, or portion thereoft to be made safe, secured, or removed. The Council may vacate adjacent structures andp protect the public by appropriate fence or such other means as may be necessary, and fort this purpose, the Council may close (c) To the extent that the circumstances allow without furthering the risk ofh harm or danger, prior tot taking any action, the Appropriate Municipal Official ort the Council as applicable shall attempt to give actualr notice oft the proposed action to those persons and/or entities identified in Section 6-205(b)(1) and seek tos secure their cooperation. (d) Int the case ofa any action taken pursuant to this Section, the Appropriate Municipal Officials shall prepare a declaration oft the emergency that shalls set forthi in detail the reason or reasons for emergency repair, move, or demolition. The declaration shall identify the street address, the legal description, and the parcel identification number oft the property where the building, structure, or portion thereofi is located. The Appropriate Municipal Official shall serve, post, andf file the declaration as soon as practicable as provided for the service ofa notice in Section 6-205(b). The Appropriate Municipal Official shall also provide the declaration to the Council by tenderinga a copy oft the report tot the Clerk. The Clerk shall distribute a copy oft the report tot the (e) The cost oft the emergency action may be fixed! by the Council and shall be assessed pursuant to this Articlei int the same manner provided for non-emergency repairs, moves, or demolitions. (f) Inc cases of emergency action pursuant tot this Section, the decision of the Appropriate Municipal Official and/ort the Council, as applicable, shall be final, and there shall be nor rightt to appeal the decision of the Appropriate Municipal Official and/or the Council, as  close a public or private way.  ap public or private way.  members oft the Council.  applicable, in the case ofa an emergency. Sec. 6-211.1 Duties oft the Fire! Department.  The employees of the Fire Department may make a report in writing tot thel building official of all buildings ors structures whicha are, may be, or are suspected tol be "dangerous buildings." Such reports should be delivered to the building official withint twenty-four (24)! hours oft the discovery ofs such buildings by ane employee oft the Fire  Department.    Sec. 6-212. Duties oft the Police Department.  Alle employees oft the Police Department may make a reporti in writing to the building official ofa all buildings or structures which are, may be, or ares suspected tol be "dangerous buildings." Such reports should be delivered tot the building official within twenty-four (24) hours oft the discovery ofs such buildings by an employee oft the Police  Department.  Sec. 6-213.1 Duties oft the City Attorney.  The City Attorney is hereby authorizedi to:  (I) Prosecute all persons performing any act ora acts deemed unlawful under Section 214 oft this Article. (2) Appear at all hearings before the Council authorized by (3) Brings suit to collect all municipal liens, assessments, expenditures or costs incurred by the City in repairing, causing tol be vacated, moved, or demolished any building, structure, part oft building or structure, party wall, or foundation pursuant tot this Article. (4) Takes such other legal action asi is necessary to carry out the terms and provisions ofthis Article, including, but not limited to, those actions contemplated by Section 6-  this Article.  215 ofthis Article.  Sec. 6-214.1 Enforcement and penalties.  (a) Its shall be unlawful for any person, or for any agent, servant or employee ofs such person, to fail to comply with an order or notice given (b) Itshall be unlawful for any person, orf for any agent, servant or employee ofs such person, tof fail orr refuse to perform any duty imposed (c) Itshall be unlawful for any person, or for any agent, servant or employee ofs such person, to obstruct ori interfere with an Appropriate Municipal Official in carrying out the purposes ofthis Article. (d) Itshall be unlawful for any person, or for any agent, servant or employee ofs such person,t to obstruct ori interfere with a repair, move, or demolition ordered pursuant tot this Article by remaining upont the premises or ins such proximity tot the premises and ats such at time and location where the work cannot be accomplished without endangering the life, health, safety, or general welfare ofl himself or another person. (e) Its shall be unlawful for any person, or for any agent, servant or employee ofs such person, to mutilate, destroy, tamper with, or remove a notice posted pursuant to Section 6-205(b)(2) or Section 6-210(d). () Its shall be unlawful for any person, including an occupant or lesseei in possession, to fail to comply with any notice to vacate pursuant (g) Its shall be unlawful for any person to enter, access, or be upon the premises thatt the Appropriate Municipal Official! has ordered to be vacated and thati ist the subject ofar notice pursuant to Section 6-205 ora declaration pursuant to Section 6-210€ except fort the purposes of demolishing thes same, oft moving the same, or of making the required  pursuant tot this Article. by this Article.  tot this Article.  repairs.    (h) Itshall be unlawful for any person who has received a notice pursuant to Section 6-205 or a declaration pursuant to Section 6-210t0 sell, transfer, mortgage, lease, encumber, or otherwise dispose ofs such building, structure, part of building or structure, party wall, or foundation that is the subject of notice to another until such person shall first furnish the grantee, transferee, mortgagee, or lessee a true copy of ther notice served pursuant to Section 6-205 or the declaration served pursuant to Section 6-210 and shall furnish to the City building official a signed and notarized statement from the grantee, transferee, mortgagee, or lessee acknowledging the receipt of the notice served pursuant to Section 6-205 ort the declaration served pursuant to Section 6-210 and fully accepting the responsibility without condition for making the corrections or repairs required by such notice served pursuant to Section 6-205 or Section 6- () A violation oft this Section shall be punishable by a fine not to exceed the sum of five hundred ($500) for each offense, and ifa willful violation, by imprisonment, not to exceed six months, or both, at the discretion of the court trying the same. Each day shall constitute a () The penalties and remedies provided by this Article shall not apply to the City or any official (elected or appointed), agent, officer, or employee oft the City whoi is administering this Article or otherwise  210.  separate offense.  performing its, his, orl her official duties. Sec. 6-215. Civil remedies.  The continued or recurrent performance of any act or acts deemed unlawful under Section 214 ofthis Article is hereby declared to be detrimental tot the health, safety, comfort and convenience ofthe public and is a nuisance. The City, as an additional or alternative remedy, may institute injunctive proceedings in a court of competent jurisdiction to abate the same or proceed as otherwise authorized under law to  address nuisances.  Sec. 6-216. No effect oni immunities.  This Article is adopted only to provide as service for the public as awhole, and is not for the benefit of anyi individual person or entity. By the adoption oft this Article, the City and its agents, officers, and employees accept no duty for the benefit (intended or unintended) of any person, including but not limited to any owner, mortgagee, lien holder, landlord, tenant, occupant, roomer, invitee of any type, trespasser, or any of their agents, officers, or employees. Any duty alleged to arise under this Article on the part of the City or any ofi its agents, officers, or employees for the benefit of any person is hereby expressly rejected. The City and its agents, officers, and employees hereby expressly reserve all applicable immunities existing under any doctrine, authority, or law (whether under the common law, statute, or otherwise), including but not limited tos substantive immunity, qualified immunity, and discretionary function immunity. Save for the powers and remedies that this Article gives to the City and toi its agents, officers, and employees who are administering this Article or otherwise performing its, his, or her official duties, this Article does not create any private cause of action for the  benefit of any person. Sec. 6-217. Cumulative effect.  This Article is cumulative in nature andi isi in addition to any power and authority that the City may have under any other law.    Section 2.  Effect on Existing Prosecutions and Actions.  The adoption oft this ordinance shall noti in any manner affect any prosecution of any act illegally done contrary tot the provisions ofa any ordinance now or heretofore ine existence, and every such prosecution, whether begun! before or after the enactment ofthis ordinance: shall be governed by the law under which the offense was committed; nor shall a prosecution, or the rightt to prosecute, for the recovery ofany penalty ort the enforcement of any forfeiture orl lien bei in any manner affected byt the adoption of this ordinance; nor shall any civil action or cause of action existing priort to or att the time oft the adoption  oft this ordinance be affectedi in any manner byi its adoption.  Section 3.  Incorporation in the Code of Ordinances.  Thep provisions ofthis Ordinance shall bei included in andi incorporated int the Code of Ordinançes ofEnterprise, Alabama, as an addition or amendment thereto, ands shall be appropriately renumbered to  conform tot the uniform numbering system oft the Code.  Section 4.  Severability.  The provisions, sections, paragraphs, sentences, clauses, phrases, and parts thereofofthis Ordinance are severable, and ifany provision, section, paragraph, sentence, clause, phrase, or part thereof ofthis Ordinance shall be declared unconstitutional ori invalid by a court of competent jurisdiction, then suchr ruling shall not affect any other provision, section, paragraph, sentence, clause, phrase, or part thereof, sincet the same would! have been enacted by the Council without the incorporation of any such unconstitutional ori invalid provision, section, paragraph, sentence, clause, phrase, or part thereof.  Section 5.  Effective! Date.  This Ordinance shall become effective upon its adoption as provided byl law. DONE, ORDERED, ADOPTED and APPROVED thist the day of  2024.  COUNCIL: District #5 District #1 District #2 District #3 District? #4  Council President Turner Townsend Council Member Sonya W.1 Rich Council Member Eugene Goolsby Council Member Greg Padgett Council Member Scotty. Johnson  ATTEST: Beverly Sweeney City Clerk  Transmitted tot the Mayor this Beverly Sweeney City Clerk  day of  2024.    ACTION OF THE MAYOR: Approved this  day of_  2024.  William E. Cooper, Sr., Mayor  ATTEST: Beverly Sweeney City Clerk    DECLARATION OF APPROPRIATE MUNICIPAL OFFICIALS AND APPROPRIATE CITY OFFICIALS  WHEREAS, Section 11-40-31 oft the Code ofAlabama (1975) provides that a mayor ofa municipality may designate "any municipal building official or deputy and any other municipal official or municipal employee" to be the' appropriate municipal official" to exercise the authority and perform the duties delegated by Sections 11-40-30 through 11-40-36 oft the Code ofAlabama  (1975);  WHEREAS, Section 11-53B-3 oft the Code of Alabama (1975) provides that a mayor ofa municipality may designate "any building official or deputy and any other municipal official or municipal employee" to be the "appropriate city official" to exercise the authority and perform the duties delegated by Sections 11-53B-1 through 11-53B-16 ofthe Code ofAlabama (1975); NOW, THEREFORE, BE IT DECLARED by the Mayor of the City of Enterprise, Alabama, that Barry Mott and Brian Beasley are each hereby designated as an lappropriate municipal official" and an' lappropriate city official" for the City, either together ori individually: as the circumstances permit, to exercise the authority and perform the duties delegated by Sections 11-40-30 through 11-40-36 and Sections 11-53B-1 through 11-53B-16 of the Code of Alabama (1975) and the City's Ordinance Number 05-21-24-C as it may be amended from time to time. Nothing herein shall supersede, nullify, reject, ori repeal any act, finding, or declaration previously made on behalf of the City or by one of its agents, officers, or employees, and the same shall  remain in full force and effect.  ADOPTED AND APPROVED THIS THE. DAYOF.  2024.  WILLIAM E. COOPER, SR., MAYOR  ATTEST:  Beverly Sweeney, Clerk    ORDINANCE 05-21-24-D  AN ORDINANCE1 TO DECLARE WEEDS AS PUBLIC: NUISANCES, TO AUTHORIZE ABATEMENT,AND TO. ASSESS COSTS' TO: PROPERTY OWNERS WHEREAS, the City Council oft the City of Enterprise, Alabama, finds that excessive growth of weeds on properties within the city limits constitutes a public nuisance, poses a fire hazard, harbors rodents and pests, depreciates property values, and adversely affects the public health and welfare; WHEREAS, the City Council seeks to establish a lawful process of abatement of such nuisances in NOW, THEREFORE, BE ITORDAINEDI BYTHE CITY COUNCIL OF THE CITY OF ENTERPRISE.  accordance with the laws oft the State of Alabama;  ALABAMA, AS FOLLOWS: Section 1.  Establishment of Weed Abatement Code.  The Code of Ordinances of Enterprise, Alabama is hereby amended to add ar new Chapter 11,  Article II, Division 5 to read as follows: Sec. 11-70. Definitions.  DIVISION 5- WEED. ABATEMENT  Fort the purposes of this ordinance, the following definitions shall apply:  1. Weeds. Grass, weeds, or other vegetation over twelve (12) inches in height that are not intentionally cultivated or maintained for aesthetic or agricultural purposes. 2. Owner: The legal titlel holder, lessee, occupant of property, agent oft title holder, or person in 3. Vacant lots. Any area ofl land that either has no structure upon it or has an unoccupied structure, whether that unoccupied structure is business or residential, upon the premises. A vacant lot will encompass adjoining and/ori included easements, ditches and alleyways.  charge, possession or control of property.  Sec. 11-71. Maintenance of grass or weeds.  (a) Itshall be the duty oft the owner ofa any real property located within the city to maintain any grass or weeds growing upon the property in such a manner as not to constitute a nuisance. (b) The duties and obligations of the owner of any real property located within the city extend to and include any such real property situated within a dedicated right-of-way or easement burdening the property except to the extent that it may be impracticable to do sol because of public facilities located there. Such rights-of-way and easements must be maintained by the owner ina a manner consistent with the maintenance oft the owner's remaining property and within the requirements set forth in this article, except tot the extent that it may be impracticable to do because of public facilities located (c) Itshall be the duty of all owners or occupants of residences, business houses, and vacant lots fronting on any oft the public streets to keep the grass, weeds or any other vegetation growing in the space between the sidewalk and property lines and sidewalks and the curb or street boundary mown or cut down (a) Itshall be unlawful and a violation oft this article for the owner of any private property situated within the corporate limits oft the city to allow such private property tol become a public nuisance as defined in section 11-74. This section does not apply to excluded properties as defined in section 11- (b) Private property in violation of this article will be dealt with by the city pursuant to the provision of this ordinance and Code of Alabama 1975, $ 11-67-20 et seq. The city may also initiate criminal proceedings against the owner of such property. Thei institution of one procedure does not preclude (c) A criminal prosecution under this articles shall constitute a class Cr misdemeanor and shall be punishable, upon conviction by a fine of not less than twenty-five dollars ($25.00) nor more than two hundred fifty dollars ($250.00). Each day's continuing violation of this article shall constitutea  there.  so as not to obstruct ori inconvenience pedestrians using such sidewalks.  Sec. 11-72. Maintenance of vacant property.  74.  the subsequent ors simultaneous institution oft the other procedure.  separate offense.    Sec. 11-73. Maintenance practices ofCity of Enterprise and of public utilities.  The dedication and existence ofa right-of-way for a public road and of an easement for drainage or forp public utilities represents the grant of only a limited interest inj property and does not change the actual ownership of the property upon which the right-of-way or easement is located. The public authority maintains rights-of-way and easements only to the extent necessary to maintain the public facility and to maintain safety. The owner oft the burdened property continues to control the property, except to the extent that such control interferes with the public use. The public authority does not cut grass, weeds or other growth upon rights-of-way or easements, except to the extent necessary for operations and safety purposes. All other maintenance is the responsibility oft the owner oft the property upon which the right- (a) An abundance of overgrown grass or weeds within the city which is injurious tot the general public health, safety and general welfare by providing breeding grounds and shelter for rats, mice, snakes, mosquitoes, and other vermin, insets and pests; or attaining heights and dryness so as to constitutea serious fire threat and! hazard; or bearing wingy or downy seeds, which when mature, cause the spread of weeds and, when breathed in, cause irritation oft the throat, lungs, and eyes ofthe public or hiding debris, such as broken glass or metal, which could inflict injury top persons; or being unsightly, or growth of grass or weeds, other than ornamental plant growth, which exceeds twelve (12) inches inl height may be declared tol be aj public nuisance and abated as provided in this article.  of-way or easement is located. Sec. 11-74. Declaration of! Nuisance.  (b) This article shall not apply to any oft the following excluded properties: (I) Heavily wooded areas in their natural state which are undeveloped;  (2) Farm properties; (3) Properties under construction. Sec. 11-75. Notification and enforcement.  (a) Nuisance resolution. Whenever any such weeds are growing upon any street, sidewalk or private property, the city council of the city may, by resolution, declare the weeds tol be a public nuisance and orderi its abatement. Such resolution shall refer to the street by the name under which itis commonly known, describe the property upon which ori in front of which the nuisance exists by giving a legal description thereto, and no other description oft the property shall be required. Any number of streets, sidewalks or parcels of private property may be included in one and the same (b) Notice of hearing. After passage of suchr resolution, notice ofap public hearing on the matter shall be given by certified mail; return receipt requested, mailed twenty-one (21) days prior to the date of the hearing ands shall inform the owner of the time, date and place oft the hearing and the reason therefore. The notice shall be mailed to the owner oft the property as the property appears on record int the tax assessor's office for the county. Allr notices shall carry a list of names of persons and/or private contractors who perform such work and are registered with the city clerk. Such names shall not constitute a recommendation, and the failure toi include such a list shalli in no way affect the operation oft this ordinance. Notice shall also be given by publication in general circulation within our municipality once a week for two consecutive weeks, or ifno newspaper is published in the municipality, notice shall be posted in three public places located in the municipality for at least twenty-one (21) days prior to thel hearing. The first notice shall be published at least fourteen (14) days prior to the date ofthes scheduled hearing. In addition thereto, two (2)s signs shall be conspicuously posted on the property. The wording of such signs shall not be less than one inch in  resolution.  height and shall bei ins substantially the following form:  NOTICE' TODESTROY WEEDS  Notice is hereby given that on the day of ,20_ at A.M./P.M. in the council chamber, the council oft the City of Enterprise will consider a resolution regarding the weeds growing upon or in front oft the property. (street address), ini the City of Enterprise and more particularly described in the resolution, a copy of whichi is on filei in the office oft the city clerk; and at that time and place will determine whether the weeds constitute a public nuisance which shall be abated by removal oft the noxious or dangerous weeds; and, ifso, will order the abatement and removal oft the nuisance. If abatement and removal are ordered, the cost of abatement and removal shall be assessed upon the lots and lands from which ori in front of which the weeds are removed, and the cost shall be added to the next regular bills for taxes levied against the respective lots and lands for municipal purposes. The costs shall be collected at the same time and int the same manner as ordinary municipal taxes are collected. The costs shall be subject to the same commissions and fees and the same procedure for foreclosure and sale in case  of delinquency as provided for ordinary municipal taxes.    Ifno objections are filed with the city clerk atl least five days before the meeting of the council and unless the person appears before the council in person or through his or her representative tos show cause, ifany. why his orl her objection should be sustained, it shall be presumed that the person accepts the notice as fact and waives any rights he or she mayl have to contest the removal oft the weeds and the action oft the Reference is hereby made to the resolution, on file int the office oft the city clerk, for further particulars.  council shall be final unless good and sufficient cause can be otherwise shown.  Dated this dayof_,20_ Name of Municipality City Clerk  Ther notice shall be posted at least seven days prior to the time for hearing objections by the council. (c) Objections. Ifobjections are timely filed, the council shall hear and consider all evidence, objections and protest regarding the proposed removal of weeds. The council may continue the hearing from time to time. Upon the conclusion oft the hearing, the city council by resolution shall decide whether ap public nuisance exists and, ifso, shall orderi it to be removed or abated with respect to any property or part ofs such property described. The city council by passage ofsuch resolution shall be deemed tol have acquired jurisdiction to proceed and either to perform orl have performed, the work of removal or abatement with respect to such property or part ofs such property. The decision oft the city council on the (d). Abatement. Aftert the council adopts the resolution finding the conditions oft the property tol bea public nuisance and ordering its abatement including removal of debris, all employees and agents oft the city are hereby expressly granted permission to enter upon private property for that purpose. The council may at its option authorize private contractors, companies, enterprises or individuals to abate and remove the nuisance. The council by resolution shall designate the contractors, companies, enterprises or individuals who may perform the work." Those persons so designated are hereby authorized to enter upon private property for purposes of abating or removing the nuisance. For purposes oft this article, compliance with the competitive bid law is not required. Any property owner shall have the right to! have such weeds removed at his or her own expense providing that the removal is done prior tot the commencement of the work by employees or agents oft the city to remove such weeds. Ifs such removal is begun by the owner, the full abatement must be timely accomplished in good faith and shall not delay or (a) The city shall keep and account for the costs of abating or removing such nuisances in front of or on each separate lot or parcel of land where the work is done by the city or by: a duly authorized private contractor, company, enterprise or individual. An itemized report shall be provided in writing to the council showing the cost of removing the nuisance on cach separate lot ori in front thereof, or both; provided, however, that before the report iss submitted, a copy shall be posted for at least five (5) days prior thereto on the door oft the Enterprise City Council's chamber, together with a notice oft thc (b) At the time fixed for receiving and considering the report, the council shall hear the report, together with any objections which may be raised by any of the property owners liable to be assessed for the work ofa abating the nuisance and, thereupon, make such modifications in the report as they deem necessary after which by motion or resolution the report shall be confirmed. The cost for abating such nuisance shall hereinafter be referred to as' "weed liens" and, as thus made and confirmed, shall constitute a weed lien on the property for the amount ofs such weed liens, respectively. After confirmation ofthe reports, a copys shall be turned over to the county revenue commissioner who, under the optional method oft taxation, is charged with the collection of the city's municipal taxes pursuant to Code of Ala. 1975, 1I-51-40--11-51-74. as amended; whereupon, its shall be the duty ofthe county revenue commissioner to add the amounts of the respective weed liens to the next regular bills for taxes levied against the respective lots and parcels of land. Thereafter, such amounts shall be collected at the same time andi in the same manner as ordinary municipal ad valorem taxes are collected and shall be subject to the same penalties and the same procedurc under foreclosure (c) Private contractors seeking to participate in this program in accordance with this article shall be required to provide proof ofliability insurance int the amounts routinely required by the city for similar projects, prior tol being listed as a private contractor with the council, and will accept responsibility for any damages to the subject lots and surrounding areas which may occur during the cutting/cleaning oft the subject property. The insurance policy shall contain an endorsement that such policy shall not be cancelled without givingt to the city ten (10) days' written notice of any proposed  matter shall be deemed final and conclusive.  hinder the city with enforcement oft this section. Sec. 11-76. Administrative procedures.  time when the report shall bes submitted to the council for confirmation.  and sale in case of delinquency.  cancellation ofs such policy.    (d) Ifthes subject property is brought into complete compliance with this article after the property is declared ap public nuisance and prior tot the private contractor or city employees being dispatched for cutting, the property willi not be cut; however, the assessed owner will be subject to and liable for the administrative charges which willl be collected in the same manner as other charges in accordance (e) Ifthes subject property is not brought into complete compliance with the article prior to the day designated byt the council for the property to be delegated to a private contractor or city crew for cleaning, the subject property will be cleaned, and a weed lien shall be assessed against the property (a) Upon the private contractor bringing all lots or parcels in a group into complete compliance within the agreed upon time, the private contractor will submit a request for payment along with verification of cutting/cleaning by dated before and after photographs. (b) Upon compliance with the requirements as set forth, payments will be made by the city to the private contractor at an established rate as set by the city council from time to time. (a) Notice of violation. Whenever a nuisance exists that was previously abated pursuant to this chapter, the owner oft the property on which the nuisance is located shall remove all weeds, scrub, wild bushes, grass or other vegetative growth located upon the streets, sidewalks or upon private property int the city which; bear seeds ofa wingy or downy nature, or which attain a growth height of twelve (12)i inches or taller, or which becomes ai fire menace when dry, or which provide habitat to rats, snakes or other disease vectors, or which are otherwise noxious or dangerous. A notice of violation shall be sent by certified mail, return receipt requested, to the owner of the property ordering the (b) Abatement. Should the owner fail, neglect, or refuse to abate the condition by the date in the notice, the city official shall cause the offending grass or weeds tol be cut either by city forces or as contracted. Those persons sO designated arel hereby authorized to enter upon private property for purposes of abating or removing the nuisance. For purposes of this article, compliance with the competitive bid lawi is not required. Any property owner shall have the right to have such weeds removed at his own expense providing that the removal is done prior to the commencing oft the work by the employees or agents of the city tor remove such weeds. Further, should the conditions warrant, criminal proceedings may be initiated against the owner ofs such property and docketed for expedited (c) Appeal. A property owner shall have seven (7) calendar days following issuance of notice to request ahearing before the city council to appeal the determination ofthe city official. The city council shall be appointed by the governing body of the municipality. Requested hearings before the city council shall be held no more than fourteen (14) days following receipt of the appeal by the city council. Aftert the hearing, the city council shall notify the owner by personal service or by first class mail of! his or her determination. Ifthe city council determines that a nuisance does not exist, the The administrative procedures for repeat offenders shall be the same as specified for section 11-76  with this article.  in the amount of administrative charges and cleaning costs. Sec. 11-77. Verification and payment of private contractor.  Sec. 11-78. Notification and enforcement-Repeat. offenders.  condition be abated within ten (10) calendar days.  hearing.  abatement process shall be terminated. Sec. 11-79. Administrative procedures.  of this article. Section 2.  Effect on Existing Prosecutions and Actions.  The adoption oft this ordinance shall not in any manner affect any prosecution of any act illegally done contrary to the provisions of any ordinance now or heretofore in existence, and every such prosecution, whether begun before or after the enactment of this ordinance shall be governed by the law under which the offense was committed; nor shall a prosecution, or the right to prosecute, for the recovery ofa any penalty or the enforcement of any forfeiture or lien be in any manner affected by the adoption of this ordinance; nor shall any civil action or cause of action existing prior to or at the time of the adoption  oft this ordinance be affected in any manner by its adoption.  Section 3.  Incorporation in the Code of Ordinances.  The provisions ofthis Ordinance shall be included in and incorporated in the Code of Ordinances of Enterprise, Alabama, as an addition or amendment thereto, ands shall be appropriately renumbered to  conform to the uniform numbering system oft the Code.    Section 4. Severability.  The provisions, sections, paragraphs, sentences, clauses, phrases, and parts thereof ofthis Ordinance are severable, and ifa any provision, section, paragraph, sentence, clause, phrase, or part thereof ofthis Ordinance shall be declared unconstitutional or invalid by a court of competent jurisdiction, then such ruling shall not affecta any other provision, section, paragraph, sentence, clause, phrase, or part thereof, since the same would have been enacted by the Council without the incorporation of any such unconstitutional ori invalid provision, section, paragraph, sentence, clause, phrase, or part thereof.  Section 5.  Effective Date.  This Ordinance shall become effective upon its adoption as provided by law.  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  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    ABC PUBLIC HEARING JUNE 4, 2024  BUSINESS NAME:  TACOS WAY3, LLC  DBA:  TACOS WAY  LOCATION ADDRESS:  1016 RUCKER BLVD. ENTERPRISE, AL 36330  LICENSES APPLYING FOR:  RESTAURANT RETAIL LIQUOR  THIS LICENSE CAN BE VOTED ON JUNE 41H,2024.    City of Enterprise 5015 S Main Street Enterprise, Alabama 36330 Phone (334)348-2671 gneingPamteprisealgen  Department of Engineering Services & PublicWorks  OFPROS  MEMORANDUM  TO: FROM: DATE: RE:  Beverly Sweeney, City Clerk  Barry Mott, City Engineer/Public Works Director  5/30/2024  Council Agenda Request to Accept and Award Bid  On behalf of Chief Moore, l'am requesting Council action to accept and award bid 2024-10to Mitchell Chrysler, Dodge, Jeep, Ram in the amount of $55,978.00 for a 2024 Ram 2500 Bids were opened May 28, 2024 at 2:00pm. This recommendation is based upon the lowest,  Promaster Cargo Van (High Roof).  responsive bid received. Attached is the bid tabulation for this bid. This request was approved in the Police Department FY24 budget.  Thank you. génynle  Page 1    City of Enterprise  Department of Engineering Services & Public) Works  501SMain Street Enterprise, Alabama 36330 Phone (334) 348-2671 megeemteprsase  OFPROS  BIDTAB BID NO.2 2024-10 May 28, 2024 2:00pm  Crime Scene Van, Police Department  Bidder: Mitchell hpsle/Doge/tep/an  Deliveryi in Days 1(Ins Stock) $-  Delivery Fee (Enterprise City Hall) $0  Year 2024  Make Ram  Model 2500 Pro  Price  Total Bid $55,978.00 (NO#) NO  Complies with Product Specifications (Circle one) YES  *IfNO, was the list of deviations under Item 20, PRODUCT: SPECIFICATIONS, submitted YES)  with the bid package?  Tow Package Unavailable  Irecommend awarding the bid to Mitchell Chrysler, Dodge, Jeep, Ram for the 2024 Ram 2500 Pro for $55,978.00; note the tow package can be added aftermarket by local retailer or city shop. Per email correspondence with Stivers Ford and Stivers Chrysler, Dodge, Jeep, Ram, there is no vehicle available from the. Alabama State Bid List for a van that meets our minimum specifications. Ihereby certify that the Bid from Mitchell Chrysler, Dodge, Jeep, Ram, was received sealed, publicly opened, and read aloud at the time and place indicated and that this is a true and correct tabulation of all bids received. Irecommend award of the contract to the lowest responsible and responsive Bidder as shown above, as determined by the available funds and subject to the instructions to Bidders and any applicable  laws.  Ahunff  Barry Mott, P.E., Bid Purchasing Agent    ORDINANCE 06-04-24 RELATED1 TO FIBER OPTICLINES  AN ORDINANCE GRANTING Al FRANCHISE TO UNITI FIBER GULFCO LLC  BEI ITC ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENTERPRISE, ALABAMA as Section 1. Thatt the City of Enterprise, Alabama (hereinafter referred to as the "Municipality")! hereby grants tol Uniti Fiber GulfCo LLC, the non-exclusive right, privilege, authority and franchise to acquire, construct, own, maintain, enlarge, extend, improve and operate ai fiber optic line system in the Municipality for the purpose ofs supplying fiber telecommunications as provided in and pursuant tot the terms and conditions oft the attached franchise agreement int the City and to use the streets, avenues, alleys and public ways and places ins said Municipality for such purposes as set out in said franchise agreement. Section 2. Said non-exclusive franchise shall be forat ten (10) year period pursuant to the franchise Section 3. A full copy oft the Ordinance, a synopsis of which is set forth herein, may be obtained at the Section 4. That the provisions of this Ordinance are intended to be severable and, ifany one or more thereofs should be held invalid for any reason, the rest shall nevertheless stand and be fully effective. Section 5. This Ordinance shall be published att the expense of Uniti Fiber GulfCo LLCi in the Enterprise Ledger which, upon evidence duly submittedi to and considered byi it, the said governing body does hereby findt tol bea a newspaper published and of general circulation int thel Municipality, in one issue Section 6. All ordinances, resolutions, or orders or parts thereof in conflict with this Ordinance is hereby  follows:  agreement.  Office oft the City Clerk during regular business hours.  thereof.  repealed to the extent ofs such conflict. Duly Passed and Adopted this  day of  2024.  COUNCIL:  Council President Turner Townsend  District#s  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    ORDINANCEU6-0424  Page 2  Transmitted tot thel Mayor this Beverly Sweeney City Clerk  day of  2024.  ACTION OF THEI MAYOR: Approved this_ William E. Cooper Mayor  day of  2024.  ATTEST: Beverly Sweeney City Clerk    FRANCHISE AGREEMENT BETWEEN THE CITY OF ENTERPRISE UNITI FIBER GULFCO LLC  AND  WHEREAS, Uniti Fiber GulfCo LLC (hereinafter Franchisee") has asked City of Enterprise (hereinafter "the City"), to issue the nonexclusive Franchise to provide a fiber-optic transmission lines including a Distributed Antenna System("DAS") and/or a Small Cell System serving one or more wireless service providers within the City of Enterprise, within the  incorporated part of the City; and  WHEREAS, the City is willing to issue such a Franchise, conditioned on Franchisee's WHEREAS, Franchisee is willing to accept the Franchise subject to such terms and NOW, THEREFORE, in consideration of the mutual promises made herein, and other good and valuable consideration, the receipt and the adequacy of whichi is hereby acknowledged,  acceptance of the terms and conditions thereof; and conditions, and to abide by those terms and condition.  the parties hereto agree as follows: DEFINITIONS.  1. (a) (b) appendices hereto. (c) successors and assigns. (d)  Services. As used in this Franchise Agreement, the term "Services" means the Franchise Agreement. This agreement and any amendments, exhibits, or Franchisee. Refers to Uniti Fiber GulfCo LLC and its lawful and permitted Booksand Records. Means any recorded information relating to the Systemor its  provision of high-capaciyprivate transport between customerlocations Ethernet, wavelength and  date transmission on fiber-optic cable.  management, including but not limited to information regarding its construction, operation, or repair, in whatever form stored, including, but not limited to computerized records and programs, meters, equipment, nodes, antennas, batteries, other power sources, and all other facilities and appurtenances associated with the operation of fiber-optic transmission lines and/or Distributed Antenna System ("DAS")a and/or a Small Cell Systems by the Franchisee in accordance with the refer to the named actions interpreted broadly, encompassing, among other things, installation, extension, maintenance, replacement of components, relocation, undergrounding, grading, site  paper records, and video or audio taped records.  (e)  System. The term shall mean a system of pipes, lines, wires, transmission lines,  terms and conditions contained in this agreement.  (f)  Construction, Operation or Repair. These and similar formulations of those terms  preparation, adjusting testing, make-ready, excavation and tree trimming. compatible utility easements. It does not include recreational and nature trails.  (g)  Rights-of-way. The term right(s)-of-way" refers to City streets, alleys, roads and  1    (h) (1)  Ielecommunications Services. The term telecommunications service(s),"mears Gross Revenues. Means all revenue derived by Grantee or any affiliate of Grantee  the offering of telecommunications for ai fee directly to the public, or to sucho classes of users as tol be effectively available directly to the public, regardless of the facilities used. or any other person who would constitute an operator of the System from the operation of the System to provide local telecommunications services. Gross revenues shall mean all revenues received by the Company from (a) the operation of the Systemwithin the corporate limits of the City, and (b)any related services provided by the Company within the corporate limits of the City, including but not limited to: (i) all revenues from installation charges for customers within the City, (i) all revenues from connection or disconnection fees from customers within the City, (il) all revenues from penalties or charges to customers in the City for checks returned from banks, net of costs paid, and penalties, interestor charges for late payment, (iv)all revenues from equipment sold or rented to customer upon customer premises within the City, (v) all revenues from authorized rental of conduit spacewithin the City's rights-of-way, (vi) all revenues from authorized rentals ofany portion ofthe Company's System,(vi) all other revenues collected by the Company from business pursued within the City, recoveries of bad debts previouslywritten offa and revenues from the sale or assignment of bad debts, and (vii) the value of any free services provided by the Company to customers within the City. Gross Revenues include, by way of illustration and not limitation, monthly fees charged users or subscribers for any service, installation, disconnection, reconnection and change-in-service fees, lease payments, late fees, administrative fees and any revenue-sharing: arrangements. Grossrevenues: shall noti include any taxes on servicesf furnished by Grantee, which taxes are imposed directly on a subscriber or user by a city, county, State and collected by Grantee for such entity. The Franchise fee is not such a tax. Gross revenues shall not include amounts which cannot be collected by Franchisee and are identified as bad debt; provided thati if amounts previously representing bad debt are collected, then those amounts shall be included in gross revenues for the period in which they are collected. Gross revenues shall include revenue recovered by any entity other than Grantee where necessary to prevent evasion or avoidance oft the obligation under this Franchise to payt the Franchise Fees, however, amounts included in gross revenues shall not be counted more than once; therefore, amounts included oncei in Granter's gross revenues shall not be added to gross revenues again if they are received by an affiliate of Grantee in payment for services supplied to Grantee. Gross Receipts shall not include revenues arising from or relating to Telecommunication Services that both originate and  terminate outside the corporate limits of the City.  2. GRANT OF AUTHORITY; LIMITS AND RESERVATIONS.  (a) Grant of Authority. The Franchisee is hereby granted, subject to the terms and conditions of this Franchise Agreement, the non-exclusive and limited right, privilege, and authority to construct, operate and repair a System within the franchise territory defined in this Agreement to provide Services. The Franchise issued to the Franchisee is subject to the terms and conditions oft this Agreement. Itshall remain ine effecti for ten (10)years from the effective date (b) Scope of Franchise. The Franchisee is intended to convey non-exclusive, limited rights and interests only as to those City streets, alleys, roads and compatible utility easement rights-of-way in whicht the City has an actual interest. Iti is not a warranty of title or interest in any right-of-way; it does not provide the Franchisee any interest in any particular location within the right-of-way; and it does not confer rights other than as expressly provided in the grant. The Franchisee does not deprive the City of any powers, rights or privileges it now has or may later acquire in the future to use, perform work on or to regulate the use of and to control the City's right-of-way coveredk by the Franchise, including without limitation the right to perform work on its  oft this grant, unless otherwise terminated by action oft the City.  2    roadways, right-of-way, or appurtenant drainage facilities, including by constructing, altering, renewing, paving, widening, grading blasting or excavating. When practical, the City will give the Franchisee forty-eight (48) hours' notice of any blasting or excavatingwhich is likely to damage the Franchisee's lines and appurtenances sO that the Franchisee may protect its lines and appurtenances from any City work. Franchisee: shall not operate a cable system as defined in the Cable Communications Policy Act of 1984 (47 USCA $521 et seq., as amended) without first having obtained a separate cable franchise or video service agreement with the City. This Agreement shall not be construed tocreate any rights in Franchisee beyond the terms, conditions and periods set forth in this Agreement. The City makes this grant without reducing its police powers and expressly reserves the right to adopt and enforce, now and hereafter, in addition to the provisionsi in this Agreement and all other existing laws, suchadditional laws,ordinances, and regulations as it may find necessaryi in the exercise ofi its police power to provide for the health, safety, or welfare oft the City. The Franchisee'suseoft the rghis-diwayauthotized. hereunder shall be subordinate in all matters to the City's use and rights of the rights-of-way. ThisAgreement does not convey any title, legal or equitable, to the Franchisee with respect to the rights-of-way. This Agreement does not give the Franchisee any vested right in any part of the System's particular location, and the Franchisee acknowledges and accepts at its own risk that the City may make use in the future oft the rights-of-way! in which the Franchisee is located in a manner inconsistent with Franchisee's use of the rights-of-way, and that in such event the Franchisee will not be (c) Activities of Affliates. Franchisee promises and guarantees, as a condition of exercising the privileges granted by this Franchise, that any Affiliate or joint venture or partner of the Franchise directly involved in the offering of Services in the City of Enterprise or directly involved in the management or operation of Systemi in the City of Enterprise will comply with the (d) Franchisel Not Exclusive. The rightt to use and occupy the public right-of-way is not exclusive and does not explicitly or implicitly preclude the issuance of other Franchises to construct, operate or repair Systems within the City; or affect the City'sri right to use or authorize the use of any of its public right-of-way or other property by other persons as it determines  entitled to any compensation from the City.  terms and conditions of this Franchise.  appropriate.  (e). Construction of Agreement. The provisions of this Agreement shall be liberally (f) Relation to Other Provisions of Law. This Agreement and all rights and privileges granted under the Franchise are subjectto the City'spolice: and other powers and other applicable law. The Franchise issued and the franchise fee paid hereunder are not in lieu of any other required permit, authorization, fee, charge or tax, unless expressly stated herein. (g) Effectof Grant. By granting this Franchise, the City acknowledges and agrees that ithas the authority to issue this Franchise and did so pursuant to processes and procedures consistent with applicable laws, and that it will not raise any claim to the contrary. (h) Franchisee Bears Its Own Costs. Unless otherwise expressly provided in this Agreement, all acts that the Franchisee is required to perform must! be performed at the Franchi- () NoV Waiver. The failure oft the City or the Franchisee on one or more occasions to exercise a right or to require compliance or performance under this Agreement, or any other applicable law shall not be deemed to constitute a waiver rofs suchright or a waiver of compliance  construed to promote the public interest.  see's own expense.  3    orperformance, unless suchar right has been speclealywawedhwting, Anywalverofabreach is not a waiver ofany other breach, whether similar or different from that waived. () No Recourse. To the extent permitted by law, the Franchisee shall have no recourse whatsoever against the City or its officials, boards, commissions, council members, agents or employees for any loss, costs, expenses, or damages arising out of any provision or requirement of the Franchise or Franchise. Agreement except if such loss, costs, expenses, or damages are the result of the sole negligence on the part of the City or its agents. The rights of the City under its provision are in addition to, and shall not be read to limit, any immunities the City or its officials, boards, commissions, council members agents or employees may enjoy or (k) Warranties and Representations. The Company hereby agrees, represents and warrants that it is legally authorized to enter into this Agreement in accordancewith all applicable laws, rules and regulations. Furthermore, the Company further agrees, represents and warrants that this Agreement is legal, valid and binding, and that it is required to obtain authorization and consent from the City prior to the construction, installation, operation or maintenance of the  rights which the Franchisee may enjoy under federal or state law.  System.  3. EFFECT OF CHANGES IN LAW.  (a) Severability. In the event that a court or agency or legislature of competent jurisdiction acts or declares any nonmaterial provision of this Agreement is unenforceable according to its terms, or otherwise void, said provision shall be considered a separate, distinct, and independent part of this Agreement, and such holding shall not affect the validity and enforceability of all other provisions hereof. In the event that a court or agency. or legislature of competent and controlling jurisdiction declares any material provision of this Agreement is unenforceable according to its terms, or is otherwise void, the parties agree to immediately enter into negotiations in good faith to restore to the injured party the benefits or equivalent consideration whichthe injured parly agrees is a reasonable substitute for the benefits the injured party expected to receive from the provision which was declared unenforceable. (b) Effectof Change inLaw. Int the event that state or federal laws, rules, or regulations preempt a provision or limit the enforceability of a provision of this Agreement, then, subject to the parties' rights under Section 3(a) of this section, the provision shall be read to be preempted tot the extent and for the time, but only to the extent and for the time, required by law. In the event such state or federal law, rule, or regulation is subsequently repealed, rescinded, amended, voided, or otherwise changed, sothat the provision hereof that had been preempted is no longer preempted, such provision shall thereupon return to full force and effect and shall thereafter be binding on the parties hereto, without the requirement of further action on the part of either party. TRANSFERS. Ther rights granted under the Franchise may not be transferred, assigned, sublet or subdivided in any way or through any mechanism, including a sale or lease of all or substantially all of the System or a sale or change in the control of the Franchisee (all referred to below as transfers")without the express prior permission of the City by Ordinance or federal law; provided, however, the City may not unreasonably refuse to allow such assignment or transfer. (a) Control. The word "control" as used herein is not limited to majority stock ownership but includes actual working control in whatever manner exercised.Achange in control  4.  includes any of the following:  4    (1) IfF Franchisee is a publicly traded partnership or corporation, the sale or transfer oft five percent (5%) of the Franchisee's stock or general partnership interest; (2) IfF Franchisee is a closely held partnership or corporation or an individual, transfer of fifty percent (50%) of the ownership interest or the voting stock interest in Franchise or transfer of fifty percent (50%) or more of the ownership interest or the voting stock ina any legal parent or entity directly or indirectly controlling or managing Franchisee; (3) Any other transaction which has the practical consequenced of transferring toanew entity or legal person the actual working control of the Franchisee, the Franchise, (b). Application for Transfer. An entity that seeks approval of a proposed transfer (hereafter the "Applicant") shall file an application for approval of that transfer no later than on ninety (90) days prior to the proposed effective date oft the transfer. The application shall meet the requirements of applicable law. City shall make a written decision within thirty (30) days. (c) Notice of Transfer. The Franchisee shall notify the Mayor in writing as soona as any agreement or contract is executed for at transfer that is subject to the approval of the City. (d) Reviewof Transfer. As the City determines necessarylnevaluating the application, the City may require the Franchisee and Applicant to submit information in addition to that  ora all ors substantially all oft the System.  provided as part of the application. (e) Mandatory Conditions.  (1) No application shall be granted unless the Applicant agrees in writing that () Assume and be responsible for the obligations and liabilities of the Franchisee, known and unknown, under this Agreement and applicable law. (i) Provide performance guarantees to the City that the City considers sufficient and adequate to guarantee the full and faithful performance of all (2) No application shall be granted unless the Applicant agrees that approval by the City of thet transfer shall not constitute a waiver or release of any rights of the City under this Franchise Agreement or applicable law, whether arising before or after the (3) No application shall be granted unless the Applicant posts all required bonds, securities, and the like in its own name at least 30 days prior to the closing date of the transfer. (f) Other Changes in Ownership. Franchisee shall notify the City of any substantial changes in ownership in Franchisee or in any entity that directly or indirectly controls franchisee at least ninety (90) days prior to the proposed effective date of the change. If the City concludes the proposed change is at transfer as defined in this Agreement, Franchisee shall immediately comply with the requirements of this Section 4 and agrees not to complete the proposed change without prior City approval. This provision shall not apply to publicly traded stock transactions  itwil!:  franchise obligations by the Franchisee.  effective date of the transfer.  which the Securities and Exchange Commission does not require notice.  5    5.  FRANCHISE FEE.  (a) Payment to City. As financial compensation for use of rights-of-way for the offering of Services, thel Franchisee: andi its affiliates shall pay the City (on a quarterly basis atl least fifteen (15) days before the end of each quarter), a Franchise fee in an amount equal to five percent (5%) oft the Gross Revenues. Gross Receipts on Telecommunications Services that originate in one municipality and terminate in another shall be evenly apportioned among the two municipalities for purposes ofcalculating the Usel Fee owed to each municipality by the Company, suchthat the aggregate Usel Fee paid by the company to the two municipalities shall not exceed five percent (5%) of the Gross Receipts on said" Telecommunications Services. "Affiliate" as used int this paragraph means any affiliate or joint venture or partner oft the Franchisee directly involved int the offering of Services in the City, or directly involved in the management or operation of the (b) Notir in! Lieuof Any other Assessments, Taxor Fee. The Franchise fee is in addition to all other fees, assessments, taxes or payments that the Franchisee may be required to pay (c) Payments. In the event that a franchise fee payment or other sum due is not received by the Mayor on or before the date due, or is underpaid, the Franchisee shall pay in addition to the payment, or sum due, interest from the due date at a rate equal to the maximum (d) No Accord or Satisfaction. No acceptance of any payment by the City shall be construed as a release ora an accord and satisfaction of any claim the City may have for further or additional sums payable as a franchisefee under this Agreement for the performance of another (e) Payment on Termination. If the Franchisee terminates for any reason, the Franchisee shall file with the City within ninety (90) calendar days of the date of the termination, af financial statement, certified by an independent certified public accountant, showing the Gross Revenues received by the Franchisee: since the end of the previous fiscal year. The City reserves the right to satisfy any remaining financial obligations oft the Franchisee to the City by utlizing the funds available in a security fund, letter of credit, and/or security provided by the Franchisee.  System in the City of Enterprise.  under any federal, state, or local law.  rate of 1.5% per month compounded annually.  obligation of the Franchisee.  6.  NOTICES.  All notices to Franchisee shall be mailed to: Uniti Fiber GulfCOLLC ATTN: Kelly A. McGriff, Esq. Vice President and Deputy General Counsel 107 St. Francis Street, Suite 1800 Mobile, Alabama 36602  All notices to the City shall be mailed to: Office of the Mayor City of Enterprise PO Box 3111000 Enterprise, Alabama 36331  6    Which said addresses may be amended from time to time by the parties by providing written notice to the other party. Anotice may be' "mailed" to the parties by depositing iti in the U.S. Mail, registered certified mail, return receipt requested. A notice shall be deemed received three (3)  days after the notice is "mailed."  7.  INSURANCE REQUIREMENTS.  (a) General Requirement. Franchisee musthavea adequate insurance during the entire term of the Franchise against claims for injuries to persons or damages to property whichi in any way relate to, arise from, or are connected with the holding of the Franchise by the Franchisee, its agents, representatives, contractors, subcontractors and employees. As of the effective date of the Franchise, the Franchisee must have insurance coverage in place in the amounts and the form specified in (b); it shall maintain at least that coverage throughout the Franchise term. (b) Scope of Insurance. Franchisee must keepi insurancein effect as stated! below and ina accordancey with the minimum insurances scope the Mayor may set from time to time. The initial minimum insurance coverage shall be at least as broad as: Commercial General Liability Insurance- at least $1,000,000.00 per occurrence and $3,000,000.00 aggregate. Commercial Automobile Liability Insurance- at least $1,000,000.00 per occurrence combined single limit for bodily injury, including death, and property damage coverage. Worker's Compensation and Employer's Liability Insurance $1,000,000.00 per accident; disease, per employee and $1,000,000.00 aggregate; Commercial Umbrella or Excess Insurance providing coverage over and above the coverages of the Commercial Liability, Commercial Automobile Liability and Employer's Liability in the sum of at least $4,000,000.00 per occurrence and $4,000,000.00 aggregate. Policymust be' occurrence'basis. The City, its officers, council members, employees, agents and representatives shall be named as additional insureds under all policies and provide DEDUCTIBLES AND SELF-INSURED RETENTIONS. IfFranchisee changes a policy to include a self-insured retention, the Franchisee shall give notice of suchchange to the City. Ifany such self-insured retention creates any obligation or liability for the City, such self-insured retention shall be subject to the approval of the City Council. Such approval will be given if the self-insured retention is consistent with standard industry practices and does not create any obligation orl liability for the City.Any deductible and/or selfinsured retentions oft the policies shall not in any way limit or apply to the Franchisee's liability to the City and shall be the sole  certificate ofi insurance showing coverages, insurance companies name.  8.  responsibility of the Franchisee. (a) Endorsements. endorsed sO that:  (1) General liability and automobile liability policies shall contain, or shall be (1) The City, its officers, officials, council members, employees, and agents aret tol be covered as and havet the rights of additional insureds wthrespect to liability arising out of activities performed by or on behalf of Franchisee under this Agreement or applicable law, or in the construction, operation or repair, or (i) To the extent of Franchisee's wrongful act, the Franchisee's insurance coverages shall be primary insurancewith respect tot the City, its officers, officials, employees, and agents. Any insurance or self-insurance maintained by  ownership ofi its System;  7    the City, its officers, officials, employees, and agents shall be in excess of the Franchiseesinsurance and shall not contribute withi it; provided, however, that this paragraph is solely intended to benefit the City and nothing in or related to this paragraph, or any other provision in this Agreement for that matter, is intended to and does not alter, abrogate or limit any of the City's insurance carriers' duties (whether related toi indemnification, defense, or otherwise) to the City, its officers, council members, employees and agents and to the extent this paragraph, or any portion thereof, is construed as limiting, altering or abrogating those duties, then as to the City, its officers, council members, employees and agents, such is (ii) Franchisee's insurance shall apply separately to each insured against whom a claim is made or lawsuit is brought, except with respect to the (2) All policies shall contain, or shall be endorsed sot that: The Policy shall not be suspended, voided, canceled, or reducedi in coverage or in limits, nor shall the intention not be renew be stated by the insurance company, except after Forty-five (45) calendar days prior written notice, return receipt requested, has been given to the Mayor. (b) Acceptability of Insurers. The insurance obtained by Franchisee shall be placed with insurers with a Bests' rating of no less than A: VII, orif not rated by Bests', with surpluses (c) Verification of Coverage. At least annually, the Franchisee shall furnish the City with certificates of insurance required by this Agreement and endorsements ora copy of the page of the policy reflecting blanket additional insured status, if required by written contract. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements for each insurance policy are to be on suchi forms as are consistent with standard industry practices and are to be received by the City. The Franchisee hereby warrants that its insurance policies satisfy (d) Performance Bonds. Upon Application for a permit to construct or repair any portion of the system, the City may require the posting of a corporate bond in the amount of $50,000.00 to insure the prompt payment for any damage that may be caused by Franchisee or for the prosecution of the work in the event it is not completed or completion is substandard.  considered void and non-operative as to the City;  limits of the insurer's liability.  equivalent to Bests' A: VIII rating.  the requirements of this Franchise. Agreement and State law.  9.  INDEMNIFICATION.  (a) Scope of Indemnity. Except for matters arising out of the City's sole negligence, Franchisee shall, ati its sole costand expense, indemnify, hold harmless, and defend the City, and its officers, boards, commissions, agents, and employees, against any and all claims, including but not limited to third party claims, suits, causes of action, proceedings, and judgments for damages or equitable relief arising out of the construction, operation or repair ofi its System, or in any way arising out of the Franchisee's enjoyment or exercise of its Franchise, regardless of whether the act or omission complained ofi is authorized, allowed, or prohibited by this Agreement. Without limiting in any way the Franchisee's obligation to indemnify the City and its officers, boards, commissions,counct members, agents, and employees as setforth above, this indemnity provision applies to, but is not limited to, expenses for reasonable legal fees and for  disbursements incurred by the City and liabilities as follows:  8    (1) To persons or property, in any way arising out of or through the acts or omissions of the Franchisee, its officers, employees, or agents, or to which the (2) Arising out of any claim for invasion oft the right of privacy, for defamation of any person, firm or corporation, for the violation or infringement of any copyright, trademark, trade name, servicem mark, or patent, for a failure by the Franchisee to secure consents from the owners or authorized distributors of programs to be delivered by the System, or for violation of any other right of any person, excluding claims arising out ofor (3) Arising out of Franchisee's failure to comply with the provisions of any federal, state or local statute, ordinance, rule or regulation applicable to the Franchisee with respect to any aspect ofi its business to which this Agreement applies. (b) Dutyto Givel Notice and Tender Defense. The City shall give the Franchisee timely written notice of the making of any claim or of the commencement of any action, suit or other proceeding covered by the indemnity in this section. In the event any such claim arises, the City or any. other indemnified party shall tender the defense thereof to the Franchisee and the Franchisee shall have the right and duty to defend, settle or compromise and claims arising (c) Exception to Duty to Tender Defense. Notwithstanding the above, the City shall have no obligation to tender a defense as a condition of the indemnity where there is a material (d) Additional Indemnifications. The City may require Franchisee to execute specific and additional indemnifications in connection with issuing any permits related to performance  Franchisee's negligence or wrongful act shall in any way contribute;  relating or programming provided by the City; and  hereunder and the City shall cooperate fully therein.  conflict between the interests of the Franchisee and the City.  under this agreement.  10. RELATIONSHIP OF REMEDIES.  (a) Remedies are Non-exclusive. The remedies provided for this Agreement are cumulative and not exclusive; the exercise of one remedy shall not prevent the exercise of another, or any rights of the City at law or equity, provided however, cumulative remedies may not (b) No Election of Remedies. Without limitation, the recovery of amounts under the Insurance or indemnity provisions of this Agreement shall not be construed as the following: an election of remedies, al limit on the liability of the Franchiseet under the Franchise for damages or  exceed the total wrong involved.  otherwise; or to excuse faithful performance by the Franchisee.  11. NON-DASCRIMINATION. (a) NoD Discrimination.  (1) The Franchisee must comply with all applicable local, state and federal laws and regulations prohibiting discrimination, including without limitation, laws and regulations prohibiting discrimination in the provision of service or employment.  9    (2) The Franchisee is specifically prohibited from discriminating among persons or taking any retaliatory action against a person because of that person's exercise of any right it may have under federal, state, or local law, nor may the Franchisee require (b) Equal Employment Plan. The Franchisee must adopt and follow an equal employment opportunity plan that complies with all applicable provision off federal, state and local laws and regulations (whichrequirement includes the obligation to amend that plan tol bring it into compliance with those laws and regulations, as hereafter amended or interpreted).  aj person to waive such rights as a condition oft taking service.  (c) No Discrimination.  (1) Franchisee shall fully, comply with all applicable federal, state, and local laws, ordinances, executive orders and regulations which prohibit discrimination. These laws include, but are not limited to, Titles VI and VII of the Civil Rights Act of 1964, as (2) During the performance of this Franchise Agreement, neither Franchisee nor any part subcontracting under the authority of this Franchise Agreement shall discriminate on the! basis ofage, ancestry.creed, color, marital status,national origin, race, religion, sex, sexual orientation, or presence of any mental, physical or sensory handicap against any employee or applicant for employment, unless based on a bona fide occupational qualification, or in the administration or delivery of services or any other (d) Reporting. Franchisee shall submit such documents and information as may be 12. CONDITIONSONUSEOFRIGHISOFWARSPECHCPRACTCEs.Theconsinucio operation and repair of the System mustbe performed in compliance with this Agreement and all applicable laws regarding use of the rights-of-way. The Franchisee's obligations and the City's  amended.  benefit under this FranchiseAgreement  reasonably requested by the City.  rights under that Section include, but are not limited to, the following: (a) Use of Public and Private Property; Generally.  (1) The System shall be constructed, operated and repaired sO as to cause minimum interference with the rights and reasonable convenience of property owners (including the City) and users of the right-of-way and other public property. The City may from time-to-time issue reasonable rules,regulations and permit requirements concerning the construction, operation and repair and System as appropriate. Applications for work permits shall be presented to the City Building Permit Division which may require copies ofp plans, blueprints, cros-sectons,orturthe; detailing ofwork to be done. Any work done, whether by Franchisee, its contractors, or third parties will include necessary paving, patching, grading, and any other reasonably necessary repair or restoration to the City rights-of-way. All work shall be done to the satisfaction of the City Engineer. (2) All equipment, lines, and appurtenances which are used in the operation, maintenance, repair or construction of the Franchisee's system, except for those pieces specifically noted in this Franchise, and which are located within the City's rights-of-way shall be considered to be part of Franchisee's system and shall be the Franchisee's responsibility. All permits for the operation, maintenance, repair or construction of said system shall be applied for and given in the name of the Franchisee, who shall be  10    responsible for all work done under the permit regardless of whether the work is done by (3) Franchisee shall obtain all required permits or easements before commencing any construction, reconstruction, repair, maintenance, or other work or property use. Permits for emergency work shall be obtained as soon as possible, but in (4) All work authorized and required hereunder shall be done in a safe, thorough and workmanlike manner and may be subject to the inspection and approval of the City Engineer. However, nothing herein or in this Agreement reserves the right of the City, its officers, council members, employees and agents to control safety measures and work involving safety issues and instead it is expressly understood that the means and methods pertaining to any work performed by Franchisee or as to any safety measures related to said work, are solely the Franchisee's responsibility and not the City's. Any inspection and approval of the City's Engineer would be solely for purposes determining that the work complies with applicable codes, ordinances and the like but not as such pertains to safety issues and measures related to Franchisee's means and methods of workwhicharet the sole responsibility of Franchisee. The Franchiseer must comply with all safety requirements, rules, and practices and employ all necessary devices as required by applicable law and permits during construction, operation and repair of its system. By way of illustration and not limitation, the Franchise must comply with the then current, National Electrical Safety Code published by the Institute of Electrical and Electronics Engineers, Inc. (currently ANSI C2-1190 and replaced by subsequently adopted additions), and Occupational Safety and Health.Administration (OSHA)Safety: and Health Standards. All traffic control shall be done in compliance with the then current edition of  the Franchisee, its employees or contractors, or by third parties.  no event later than one working day after the work is begun.  Manual on Uniform Traffic Control Devices, Part' VI. (b) Use of Poles and Conduits.  (1). Where electrical and telephone utility wiring is installed underground at the time of initial System construction, or when such wiring is subsequently placed under- ground, all Systemlines or wiring and equipment shall also be placed underground ona nondiscriminatory basis with other wire line services at no additional expense to the City orsupscribers.Reatedsystemequpment suchas pedestal must be placedi in accordance with City code requirements and underground utility rules as interpreted by the City Engineer. Inareas wherel both electric and telephone utility wiring is aerial, the Franchisee may install aerial cable, except when a property owner or resident requests underground installation and agrees to bear the additional cost in excess of aerial installation. The foregoing notwithstanding, and subject to the City'sreasonable standards as to ascetics and public safety, the Franchisee shall not be enjoined from installing its Distributed (2) The Franchisee shall utilize existing poles and conduit wherever possible, subject to the execution of a separate agreement with the City for the attachment to its poles. The foregoing notwithstanding, and subject to the City/sreasonable standards as to ascetics and public safety, the Franchisee shall not be enjoined from setting its own (3) The Franchise does not grant, give or convey tot the Franchiseet the right or privilege to install its facilities in any manner on specific utility poles or equipment of the City or any other person without their permission. Copies of agreements for use of poles,  Antenna System ("DAS") and/or a Small Cell System.  poles in the City's Rights of Way.  11    conduits or other utility facilities must be provided upon request by the Mayor upon demonstrated need and subject to protecting Franchisee's proprietary information from (4) The Franchisee is encouraged to perform constructionand maintenance of the System in a manner resulting in the least amount of damage and disruption to the rights-of-ways. The Franchisee will be required to use trenchless technology for any portion of construction or maintenance projects which lie beneath the paved or improved portion of any roadway to which this Agreement applies, unless otherwise approved by the City Commission. The City Engineer may require trenchless technology in other locations, where circumstances prevent or make open-cut methods impractical. The Franchisee may use either the open-cut method or trenchless technology for construction outside the paved ori improved portion of any roadway to which this Agreement applies. (5) In any case, where the Franchisee is or has been authorized to erect a pole, the Franchisee shall extend the right to use its poles upon reasonable terms and conditions or other persons having a franchise or permit to maintain lines and facilities upon the same road or right-of-way (a franchise holder"). The City shall have the right to install and maintain free of charge upon the poles owned by the Franchisee any facilities  disclosure to third parties.  that do not unreasonably inter-fere with the Franchisee's System.  (c) Repair and Restoration of Property.  (1) The Franchisee shall protect public and private property from damage. If (2) Ifp public or private property is disturbed or damaged, the Franchisee shall restore the property to its former condition inducing necessary paving, patching, grading and other necessary repair or restoration, normal wear and tear excepted. Public right-or- way or other City property shall be restored to its former condition, normal wear and tear excepted, in a manner and within a time approved by the City Engineer or custodial agency. If restoration of public right-of-way or other City property is not satisfactoriy performed within areasonable time, the City Engineer or custodial agency may, after prior notice to the Franchisee, or without notice where the disturbance or damage may create ari 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 Franchisee's expense and recover the cost of those repairs from the Franchisee. Within thirty (30) days of receipt of an itemized list of those costs, including the costs of labor, materials and equipment, the Franchisee: shall pay the City. Consistent with this agreement, if suiti is brought upon Franchisee's failure to pay for repair and restoration, and ifj judgment in such a suit is entered in favor of the City, then the Franchisee shall pay the City's actual costs resulting from the non-payment, including interest from the date the bill was presented, disbursements, attorney's fees and Iitigation-related costs. Private property must be restored promptly, considering the nature (3) Prior to entering onto private property to construct, operate or repair its System, Franchisee shall give the person residing on or using the property adequate notice that iti intends towork on the property, a description of the work it intends to perform and a name and phone number the person can call to protest or seek modification of the work. Work shall be done in a manner that causes the least interference with the rights and reasonable convenience of property owners, residents and users.  damage occurs, the Franchisee shall promptly notify the property owner.  of the work that must be performed.  12    (d) Movement of System For and By City. Franchisee and City agree to each bear their respectlvecostofrepal, replacement removal related to their particular property in the event of fire, disaster, or other emergency, or when a City project or activity makes the removal, replacement, modification or disconnection necessary or less expensive for the City. Except during an emergency, the City will provide reasonable notice to Franchisee prior to taking such action and shall, provide Franchisee with the opportunity top perform such action. Following notice by the City, Franchisee shall remove, replace, modify or disconnect any of its facilities or equipment within any public right-of-way, or on any other City property, except that the City shall provide at least one hundred eight (180) days written notice of any major capital improvement project which would require the removal, replacement, modification or disconnection of Franchisee's facilities or equipment. If the Franchisee fails to complete this work within the time prescribed and to the City's satisfaction, the City may cause such work to be done and bill the cost of the work to the Franchisee. Within thirty (30) days of receipt of an itemized list of those costs, the Franchisee shall pay the City. The City, its officials, officers, employees and agents shall not be liable to the Franchisee for any damage caused as a result of action taken under this (e) Movement for Other Franchise Holders. If any removal, replacement, modification or disconnection is required to accommodate the construction, operation, or repair of the facilities or equipment of another franchiseholder, Franchisee shall, after at least thirty (30)days' advance written notice, take action to effect the necessary changes requested by the responsible entity. The parties shall determine how costs associated with the removal, relaying or relocation shall be (d) Movement for Other Permittees. At the request of any person holding a valid oversize loaded or similar permit and upon reasonable advance notice, Franchisee shall temporarily raise, lower or remove its wires as necessary to permit the moving of a building, vehicle, equipment or other item. The expense of such temporary changes, including standby time, must be paid by the permit holder, and Franchisee may require a reasonable deposit of the (g) Tree Trimming and Excavation. The Franchisee shall have the authority to trim trees that overhang a public right-of-way of the City so as to prevent the branches of such trees from coming in contact with its System, in accondancewinapicabe City codes and regulations. (h) Decisions of City 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, excepti in that instance where the determination is arbitrary, made in bad () Road Vacations. If, at any time, the City vacates any City rights-of-way coveredby this limited Franchise, the City shall not be held liable for any damages or loss to the Franchisee  Section.  allocated prior to construction.  estimated payment in advance.  faith or to defraud the parties hereto. by reason of such vacation.  13. OPERATION AND REPORTING PROVISIONS.  (a) Inspection and audit. The City shall have the right to inspect and audit, upon reasonable written notice, at any time up tothree (3)years fromt the date that this Agreement ends whether by expiration, revocation, or termination, at Franchisee's office where suchrecords are located, all relevant financial statements and financial records in the form and manner as reasonably prescribed by the City to verify compliance with the use fee or other payment  requirements of this Agreement.  13    (b) Reports. Franchisee to submit a statement, certified as true by an independent auditor or chief financial officer of Franchisee, setting forth its gross. revenues by category, and describing what revenues were included and excluded in calculating the use fee, and any adjustments made to gross revenues. The request shall be made by the City no later than thirly (30) days after the given quarterly payment is received, and Franchisee shall have ninety (90) (c). Retention of Records; Relation to Privacy Rights. The Franchisee shall take all steps required, if any, to ensure that it is able to provide the City all information which must be  days to respond.  provided or may be requested under this Agreement.  14. REMEDIES- DEFAULT.  (a) Rights of City. In addition to exercising any of the other remedies provided in this Agreement, Citys shall have and does reserve any and all the remedies available under applicable law or at equity, including, but not limited to, proceedings to terminate or void this Franchise Agreement, subject to the following: Unless such prior notice is not practicable, City will provide Franchisee av written notice providing that a default may be cured thirty (30) days,setting out the nature of default and Franchiseeshall have thirty (30) days from receipt of said notice to curet the (b) Rights of Franchisee. In addition to exercising any oft the other remedies provided int this Agreement, Franchisee shall have and does reserve any and all the remedies available  default.  under applicable law or at equity. 15. ABANDONMENT.  (a) Effect of Abandonment. If the Franchisee abandons its System during the Franchise term, or fails to operate its System in accordance with its duty to provide continuous service, the City, at its option, may operate the System; designate another entity to operate the Systemtemporarly until the Franchisee restores service under conditions acceptable to the City oruntil the Franchise is revoked and a new Franchisee selected by the City is providing service; or obtain an injunction requiring the Franchisee to continue operations. If the City is required to operate the System, the Franchisee shall reimburse the City or its designee for all reasonable costs and damages incurred that are in excess of the revenues from the System.  (b) What Constitutes Abandonment. The City shall be entitled to exercise its option (1) The Franchisee fails to provide Service in accordance with this Franchise Agreement overa a substantial portion oft the FranchiseArea for ninety-six (96) consecutive (2) The Franchisee, for any period, willfully and without cause refuses to  and obtain any required injunctive relief if:  hours, unless the City authorizes al longer interruption of service; or provide Service in accordance with this Franchise Agreement.  16. SERVICE TO THE CITY.  (a) In addition toa any franchiset fee collected pursuant toi this franchise, the Franchisee shall provide the fiber and facilities to the governmental and institutional facilities as follows:  14    (1) The Franchisee shall provide the City without charge, and solely for the Chysnoncommercial telecommunications purposes,one (1) darkfiber pair (two (2) fibers) in all of the ducted, conduit and aerial facilities in its backbone network (i.e., network consisting of fully redundant self-healing ring topology, where such ring topology exists) within the City limits, with necessary: splice cases and industry standard fiber connectors. Franchisee may choose, at its own election, to provide the City with more fiber strands along certain segments of its route and may do so using a dedicated cable for the City's facilities, if the Franchisee determines it is more advantageous to do so from an (2) Within six (6) months of completion of any route, initial build or expansion, Franchiseeshall provide to the Cityl lateral connections to and will terminate and splice the dark fibers at a patch panel to each City designated facility along the Franchisee's fiber optic transmission line run, as requested by the City and, further, provide any necessary facilities to accomplish the interconnection of City telecommunications services at (3) Ina addition, Franchisee will provide the City access to all governmental buildings which are adjacent to Franchisee's network as the City may direct at Franchisee's cost, to be reimbursed by the City. For purposes of this franchise, "adjacent to" shall mean located within a one-hundred-foot radius of Franchisee's backbone network. "Governmental buildings" shall mean buildings owned by the City for which the City submits a written request to Franchisee for connection. Franchisee will provide the one hundred (100) feet of underground lateral connection or one hundred and fifty (150) feet of aerial lateral connection, fiber optic cable, patch panel and labor to install the cable to the patch panel in up to two (2) governmental buildings at no cost to the City; any footage of lateral connection in excess of one hundred (100) feet underground and one hundred and fifty (150) feet aerial and any governmental buildings connected by Franchisee in excess oftwo (2) will be done at Franchisee's cost to be reimbursed by the City. In the event the City is unable to provide access, Franchiseer will constructe tentries to these buildings at its actual cost, to be borne by the City, unless the identified building is one which Franchisee also wishes to serve, in which case the costof building entrances will be borne exclusively by Franchisee. Franchisee shall advise the City in writing of the cost of such construction prior to initiation of construction. Based upon specifications provided by the Franchisee, the City reserves the right to obtain proposals to accomplish building entries from vendors other than Franchisee and other franchisees. (4) The Franchisee shall coordinate all construction routing with the City in order to accommodate the connection of additional buildings identified by the City soas toa allow the City tor maximize the effectivenessoft the dark fibert for pubicuselfsuchrouting (5) The City shall provide adequate space on all poles owned by the City on, over or within the City and shall assist the Franchisee in location of facilities on poles of (6) The Franchisee shall provide for colocation of City interface equipment in Franchisee's space in Franchisee's owned network hub locations of up to a physical size oft three (3)feet by four (4) feet and a maximum height of six (6) feet, including necessary power and climate control for the City interface equipment. Franchisee will at the City's request, interconnect the fiber provided to fiber provided tot the City by another franchisee; provided, however, that suchinterconnection mustbe accomplished only at a City building  engineering standpoint.  Franchisee's cost, to be reimbursed by the City.  isr reasonably commercially practicable to the Franchisee.  third parties.  15    where Franchisee and the other franchisees have each terminated the City's fiber at a (b) The City, in its sole discretion, may require Franchisee to lease to the City fiber optic transmission equipment if Franchisee ever provides transmission equipment to any of its lessees within the City limits. Franchisee shall operate and maintain such equipment and provide network monitoring on the City's behalf at the locations as described herein, if required by the City. Any equipment lease and maintenance costs to the City shall be based upon Franchisee's directcost-plus ten percent(10%), oru upon Franchisee's lowestratei it leases the same equipment (c) Franchisee acknowledges, and the City affirmatively agrees that the City has the right to connect its own equipment to the dark fibers to be provided hereunder for internal, non- commercial municipal purposes only, and to make full useat no cost or expense to the City of the (d) Franchisee agrees that any routine maintenance of fiber dedicated to the City shall be borne by Franchisee. The City shall pay only actual incremental labor costs to Franchisee to repair the City's share of dark fibers within any cable that is damaged as the result of any natural disaster. Nothing in this subsection shall supersede provisions of this franchise relating to the relocation of equipment at Franchisee's expense in the event of a City project. (e) The City recognizes that Franchisee's agreements, if any, to occupy rights-of-way or for pole attachments may be subject to the control of third parties who may require Franchisee to relocate its cable. In the event of such required relocation by Franchisee, Franchisee shall provide notice thereof to the City as soon as reasonably possible. Franchisee shall provide replacement dark fibers to the City in any Franchisee replacement cable as soon as reasonably  patch panel as required by their respective franchises.  toany similarly situated customer, whichever is less.  fibers to be dedicated to the use of the City hereunder.  possible.  (f) The City will provide access when available to existing conduit, entry facilities,  risers, drops or other entry facilities owned or controlled by the City.  17. MISCELLANEOUS PROVISIONS.  (a) Governing Law and Venue. This Franchise Agreement shall be governed in all respects by the laws of the State of Alabama. All court actions shall be exclusively brought in the (b) Force Majeure. The Franchisee shall not be deemed in default with provisions of its Franchisewhere performance wasrendered impossible by war orriots, cividisturbances, labor strikes, floods, weather events, including but in no way limited to hurricanes, tornados, microbursts, or the like, or other circumstances beyond the Franchisee's control, and the Franchise shall not be revoked or the Franchisee penalized for such noncompliance, provided that the Franchise takes immediate and diligent steps to bring itself back into compliance and to comply as soon as possible under the circumstances with its franchise without unduly endangering the health or safety of the Franchisee's employees or the integrity ofi its property, of the health or safety of the public, or the Franchisee's employees or the integrity of its property, or the health or safety of the public, or the integrity or public right-of-way, public property, or private property; and only if the Franchisee has notified the City in writing of the reason for the inability  state courts of the Enterprise Division of Coffee County, Alabama.  within three (3) business days of the Franchisee's discovery of the reason.  16    (c) Calculation of Time. Unless otherwise indicated, when the performance or doing of any act, duty, matter or payment is required hereunder and a period of time or duration for the fulfillment of doing thereof is prescribed and is fixed herein, the time shall be computed so as to exclude the first and include the last day oft the prescribed or fixed period of time. For example, if on January 1, the Franchisee is directed to file action within ten (10) calendar days, the action (d) Time dfEssence.Mantenance of Records of Essence. In determining whether the Franchisee has substantially complied with its Franchise, the parties agree that time is of the essenceto this Agreement. As a result, the Franchisee's failure to complete construction, extend service, seek approval oftransfers.provide information ina timely manner may constitute material breaches. The maintenance of records and providei information in a timely manner may constitute material breaches. The maintenance of records and provision of reports in accordance with the (e). Guarantee. The performance of the Franchisee shall be guaranteed in all respects by Franchisee. If requested, a signed guarantee, in a form acceptable to the City, shall be filed (f) Captions. The captions and headings of this Agreement are for convenience and reference purposes only and shall not affect in any way the meaning and interpretation of any (g) Counterparts. This FranchiseAgreement may! be executed in several counterparts, each of which when SO executed shall be deemed to be an original copy, and all ofwhichi together shall constitute one agreement binding on all parties hereto, notwithstanding that all Parties shall (h) Effective Date. The ordinance or resolution approving this Franchise Agreement and the Franchise. Agreement itself shall only become effective upon receipt by City of the fully executed Franchise Agreement by Franchisee and upon the passage of the Ordinance or Resolution adopting the approval of the Franchise Agreement and upon publication as required Franchisee shall comply with the provisions of the Act, and shall provide proof of said compliance onor before thirty (30) days from the date of receipt of written notice from the City.  must be completed no later than midnight January 11.  Franchise is also of the essence of this Agreement. with the Mayor prior to the effective date hereof.  provisions of this Agreement.  not have signed the same counterpart.  by law at Franchisee's expense.  ()  Beason-Hammon Alabama Taxpayer and Citizen Protection Act Compliance. The  [EXECUTION ON THE FOLLOWING PAGES]  17    THE CITY:  CITY OF ENIERPASE,ALABAMA  By:  William E. Cooper, Mayor  STATE OFALABAMA COUNTY OF  1, the undersigned authority, a Notary Public in and for said County, insaid State, hereby certify that William E. Cooper whosename as Mayor of the City of Enterprise, Alabama is signed to the foregoing franchise agreement, and whoi is knownto me, acknowledged before me on this day that being informed of the contents of said agreement, he, as such officer and with full authority, executed the same voluntarily for and as the act ofs said municipal corporation.  Given under my hand and official seal this  day of  2024.  SEAL  Notary Public My Commission Expires:  [EXECUTION CONTINUED ON THE FOLLOWING PAGE]  18    FRANCHISEE:  UNITI FIBER GULFCO LLC al Delaware limited liability company  By: Print: As Its:  STATE OFALABAMA COUNTY OF certify that company.  I, the undersigned authority, a Notary Public in and for said County, in said State, hereby GulfCo LLC is signed to the foregoing franchise agreement, and who is known to me, acknowledged before me ont this day that being informed ofthe contents ofsaid agreement, (s)he, as such officer and with full authority, executed the same voluntarily for and as the act of said  whose name as  of Uniti Fiber  Given under my hand and official seal this  day of  2024.  SEAL  Notary Public My Commission Expires:  19    RESOLUTION 06-04-24  AUTHORIZATION: FOR DEVELOPMENT OF 2024 COMMUNITY! DEVELOPMENT BLOCK GRANT APPLICATION  WHEREAS, The City of Enterprise, Alabama published a Request for Proposals on May 11, 2024 int the Enterprise Ledger for 2024 Community Development Block Grant (CDBG) grant application preparation services and; subsequent, program management and administrative services should the WHEREAS, the City received a single response by the 4:00 p.m., Friday, May 24, 2024 deadline WHEREAS, the Ewing-Conner and Associates, Inc.'s response adequately addressed all factors for THEREFORE, BEI ITH HEREBY RESOLVED, that the City Council authorizes Ewing-Conner and Associates, Inc. to commence with the development ofa 2024 CDBG application for submission by the 12:00 p.m., July 22, 2024 deadline established by ADECA. Said application development and preparation services shall be provided at no cost to the City of Enterprise and should funding approval be forthcoming, the City Council authorizes thel Mayor of the City of Enterprise to execute a Contractual Agreement for the overall administration and management oft the 2024 CDBG project with compensation being in accordance with ADECA's Administrative Fee Schedule att the time ofcontract execution.  application receive funding approval; and from Ewing-Conner and Associates, Inc. and  consideration as outlined in the Request for Proposals; now  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    1. Award No. 693JJ32440400 Award' To City of Enterprise, AL 501 South Main Street Enterprise, AL: 36330 Unique Entity Id.: M7TNMITM6C74 TINI No.: 63-6001248 Period of Performance 241 months from the Effective Date of Award.  2. Effective Date See No. 17 Below 5. Sponsoring Office U.S. Department ofTransportation Federal Highway Administration Office of Safety 1200 New Jersey Avenue, SE HSSA-1, Mail Dropl E71-117 Washington, DC20590 7. Total Amount Federal Share: Recipient Share: Other Federal Funds: Other Funds: Total: 9. Authority  3. Assistance Listings No. 20.939  $180,000 $45,000 $0 $0 $225,000  8. Type of Agreement Grant  Section 24112 oft the Infrastructure Investment and. Jobs Act (Pub. L. 117-58, November 15, 2021; also referred to as the "Bipartisan Infrastructure Law" or "BIL") 11. Federal! Funds Obligated $180,000 13. Payment Office See article 19.  10. Procurement Request No. HSSP230349PR 12. Submit Payment Requests To See article 19. 14. Accounting and Appropriations Data  15X0173E50.0000.05R10500.55920000.25305.61006600.00000000.00000000.00000000  00.0000000000 15. Description of Project RECIPIENT  Develop a Safety Action Plan for the City of Enterprise 16. Signature of Person Authorized to Sign  FEDERAL HIGHWAY ADMINISTRATION 17. Signature of Agreement Officer  Signature Name: William E. Cooper Title: Mayor  Date  Signature Name: Ryan Buck Title: Agreement Officer  Date  1of12    U.S. DEPARTMENT OF TRANSPORTATION GRANT AGREEMENT UNDER THE  FISCAL YEAR 2022 SAFE STREETS AND ROADS FOR. ALL GRANT PROGRAM This agreement is between the United States Department of Transportation (the "USDOT") Federal Highway Administration (the "FHWA") and the City of Enterprise, Alabama (the This agreement reflects the selection oft the Recipient to receive a Safe Streets and Roads for All ("SS4A") Grant for the Planning for Safe Streets and Roadways in Enterprise, AL.  "Recipient").  The parties therefore agree to the following:  ARTICLE1  GENERAL TERMS AND CONDITIONS  1.1 General Terms and Conditions.  (a) In this agreement, "General Terms and Conditions" means the content of the document titled "General Terms and Conditions Under the Fiscal Year 2022 Safe Streets and Roads https/www.transportationgovgrantsyss4agrant-agreements. Articles 7-30 are in the General Terms and Conditions. The General Terms and Conditions are part oft this (b) The Recipient states that it has knowledge oft the General Terms and Conditions. Recipient also states that iti is required to comply with all applicable Federal laws and regulations including, but not limited to, the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (2 CFR part 200); National Environmental Policy Act (NEPA) (42 U.S.C. S 4321 et seq.); and Build America, Buy (c) The Recipient acknowledges that the General Terms and Conditions impose obligations on the Recipient and that the Recipient's non-complance with the General Terms and Conditions may result in remedial action, termination of the SS4A Grant, disallowing costs incurred for the Project, requiring the Recipient to refund to the FHWA the SS4A Grant, and reporting the non-compliance in the ederai-govemmemnt-wide integrity and  for All Grant Program," dated March 7,2024, which is available at  agreement.  America Act (BIL, div. G $8 70901-27).  performance system.  2of12    ARTICLE2  APPLICATION, PROJECT, AND AWARD  2.1 Application.  Application Title: Planning for Safe Streets and Roadways in Enterprise, AL  Application Date: September 14, 2022  2.2 Award Amount. SS4A Grant Amount: 2.3 Award Dates.  $180,000  PeriodofPerformance End Date:  See Block 6 on Page 1  2.4 Budget Period  Budget Period End Date: See Block 6 on Page 1 2.5 Action Plan Grant or Implementation Grant Designation.  Designation: Action Plan listed on page 1, Block 1.  2.6 Federal Award Identification Number. The Federal Award Identification Number is  ARTICLE3  SUMMARY PROJECTINFORMATION  3.1 Summary of Project's Statement of Work.  The award will be used by the City of Enterprise to develop a comprehensive safety action plan through engaging stakeholders, forming partnerships, and addressing safety  issues for all road users.  3of12    3.2 Project's Estimated Schedule. ACTION PLAN SCHEDULE  Milestone  Schedule Date July1 1,2025 September 1,2025 November 1, 2025  Planned Draft Action Plan Completion Date: December 1,2024  Planned Action Plan Completion Date: Planned Action Plan Adoption Date: Planned SS4A Final Report Date:  3.3 Project's Estimated Costs. (a) Eligible Project Costs  Eligible Project Costs  SS4A Grant Amount: Other Federal Funds: State Funds: Local Funds: In-Kind Match: Other Funds: Total Eligible Project Cost:  $180,000 $0 $0 $45,000 $0 $0 $225,000  (b) Supplemental Estimated Budget  Cost Element Direct Labor Fringe Benefits Travel Equipment Supplies Other Indirect Costs Total Budget  Federal Share $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $180,000.00  Non-Federal Share Total Budget  Amount $0.00 $0.00 $0.00 $0.00 $0.00 $225,00.00 $0.00 $0.00 $225,000.00  $0.00 $0.00 $0.00 $0.00 $0.00 $45,000.00 $0.00 $0.00 $45,000.00  Contractua/Consultant $180,000.00  4of12    ARTICLE4  RECIPIENT INFORMATION  4.1 Recipient'sUnique Entity Identifier.  M7INMITM6C74 4.2 Recipient Contact(s). Barry Mott City Engineer City of Enterprise 501 Main Street Enterprise, AL 36330 (334)348-2662 mott@enterprisealgov 4.3 Recipient Key Personnel.  Name Jonathan Tullos Shannon Roberts Thomas Hardy  Title or Position City Administrator Assistant Public Works Director Assistant Engineering Director  4.4 USDOT Project Contact(s).  Jessica Rich Safe Streets and Roads for All Program Manager Federal Highway Administration Office of Safety HSSA-1, Mail Stop: E71-117 1200 New Jersey Avenue, S.E. Washington, DC20590 (615)695-4096 Jesicarich@dotgov and  Agreement Officer (AO) Federal Highway Administration Office of Acquisition and Grants Management HCFA-33, Mail Stop E62-310 1200 New. Jersey Avenue, S.E. Washington, DC20590  5of12    202-493-2402 HCFASS4A@doLgoV and Mark Bartlett Division Administrator Alabama Division 9500 Wynlakes Place Montgomery, Alabama 36117 (334) 274-6340 Mark. Bartlett@dot.goy and Shaun Capps Alabama Division Office Point of Contact Discretionary Grant Program Coordinator 9500 Wynlakes Place Montgomery, Alabama 36117 (334)274-6347 msophsercspNeage  Agreement Officer's Representative (AOR)  ARTICLE5  USDOT ADMINISTRATIVE INFORMATION  5.1 Office for Subaward and Contract Authorization.  USDOT Office for Subaward and Contract Authorization: Acquisition and Grants Management SUBAWARDS AND CONTRACTS, APPROVAL  FHWA Office of  Note: See 2 CFR $ 200.331, Subrecipient and contractor determinations, for definitions of subrecipient (who is awarded a subaward) versus contractor (who is awarded a Note: Recipients with a procurement system deemed approved and accepted by the Government or by the AO are exempt from the requirements of this clause. See 2 CFR  contract).  200.317 through 200.327.  6of12    Note: This clause is only applicable to Action Plan Grants.  Unless described in the application and funded in the approved award, the Recipient must obtain prior written approval from the. AO for the subaward, transfer, or contracting out ofany work under this award above the Simplified Acquisition Threshold. This provision does not apply to the acquisition ofsupplies, material, equipment, or general support services.. Approval ofeach subaward or contract is contingent upon the Recipient's submittal ofa written fair and reasonable price determination, and approval by the AO for each proposed contractor/sub- recipient. Consent to enter into subawards or contracts will be issued through written The following subawards and contracts are currently approved under the Agreement by the AO.' This list does noti include supplies, material, equipment, or general supports services which  notification from the AO or a formal amendment to the Agreement. are exempt from the pre-approval requirements of this clause.  (Fill in at award or by amendment) 5.2 Reimbursement Requests  (a) The Recipient may request reimbursement of costs incurred in the performance of this agreement if those costs do not exceed the funds available under section 2.2 and are allowable under the appliçable cost provisions of2 C.F.R. Part 200, Subpart E. The Recipient shall not request reimbursement more frequently than monthly. (b) The Recipient shall use the DELPHI eInvoicing System to submit requests for reimbursement to the payment office. When requesting reimbursement of costs incurred or credit for cost share incurred, the Recipient shall electronically submit supporting cost detail with the SF271 (Outlay Report and Request for Reimbursement (c) The Recipient's supporting cost detail shall include a detailed breakout of all costs incurred, including direct labor, indirect costs, other direct costs, travel, etc., and the Recipient shall identify the Federal share and the Recipient's share of costs. If the Recipient does not provide sufficient detail inar request for reimbursement, the. AOmay withhold processing that request until the Recipient provides sufficient detail. (d) The USDOT shall not reimburse costs unless the Agreement Officer's Representative (the "AOR") reviews and approves the costs to ensure that progress on this agreement (e) The USDOT may waive the requirement that the Recipient use thel DELPHI eInvoicing System. The Recipient may obtain waiver request forms on the DELPHI eInvoicing website mpsminlisimsiinssutm.hmp or by contacting the AO. AI Recipient who seeks a waiver shall explain why they are unable to use or access the Internet to register and enter payment requests and send a waiver request to  for Construction Programs) to clearly document all costs incurred.  iss sufficient to substantiate payment.  Director of the Office of Financial Management US Department ofTransportation,  7of12    Office of Financial Management B-30, Room W93-431  12001 New Jersey Avenue SE Washington DC20590-0001  or  OTsmidasisialis,  Ifthel USDOT grants thel Recipient a waiver, thel Recipient shall submit SF 271s directly  to:  DOT/FAA P.O. Box 268865 Oklahoma City, OK73125-8865 Attn: Agreement Officer invoicing requirements for Recipients.  (f) The requirements set forth in these terms and conditions supersede previous financial  ARTICLE6 SPECIAL GRANT TERMS  6.1 SS4A funds must be expended within five years after the grant agreement is executed and DOT obligates the funds, which is the budget period end date in section 10.3 ofthe  Terms and Conditions and in Block 6 on page 1.  6.2 The Recipient acknowledges that the. Action Plan will be made publicly available, and the Recipient agrees that it will publish the final Action Plan on aj publicly available website. 6.3 The Recipient demonstrates compliance with civil rights obligations and nondiscrimination laws, including Titles VIC oft the Civil Rights Act of1 1964, the Americans with Disabilities Act (ADA), and Section 504 oft the Rehabilitation Act, and accompanying regulations. Recipients of Federal transportation funding will also be required to comply fully with regulations and guidance for the ADA, Title VI of the Civil Rights Act of 1964, Section 504 of the  Rehabilitation Act of1973, and all other civil rights requirements. 6.4 There are no other special grant requirements for this award.  8of12    AITACHMENT A  PERFORMANCE MEASUREMENT INFORMATION  Study Area: City Limits of Talladega Baseline Measurement Date: Not applicable Baseline Report Date: Not applicable Table 1: Performance Measure Table  Measurement Frequency End of period of performance  Measure  Category and Description Percent ofFunds to Underserved Communities: Funding amount (oft total project amount) benefitting underserved communities, as defined by USDOT ofeach eligible project carried out using Lessons Learned and Recommendations: Description ofl lessons learned and any recommendations relating to future projects of strategies to prevent death and serious injury on roads and streets.  Equity  Project Costs: Quantification oft the cost End of period of  Costs  performance  the grant  Lessons Learned and Recommendations  End of period of performance  9of12    ATTACHMENT B CHANGES FROM APPLICATION  INSTRUCTIONS FOR COMPLETING ATTACHMENT B: Describe all material differences between the scope, schedule, and budget described in the application and the scope, schedule, and budget described in Article 3. The purpose oft this attachment B is to document the differences clearly and accurately in scope, schedule, and budget to establish the parties'  knowledge and acceptance oft those differences. See section 10.1.  Scope: No change Schedule: No change Budget: No change  The table below provides a summary comparison of the project budget.  Application $  Section 3.3 $  Fund Source  %  %  Previously Incurred Costs (Non-Eligible Project Costs) Federal Funds Non-Federal Funds Total Previously Incurred Costs Future Eligible Project Costs SS4AFunds Other Federal Funds Non-Federal Funds Total Future Eligible Project Costs Total Project Costs  0 0 0 180,000 0 45,000 225,000 225,000  0 0 0 80 20 100 100  0 0 0 180,000 0 45,000 225,000 225,000  0 0 0 80 20 100 100  10of12    ATTACHMENT C  RACIAL EQUITY AND BARRIERS TO OPPORTUNITY Efforts to Improve Racial Equity and Reduce Barriers to Opportunity. The Recipient states that rows marked with "X" in the following table are accurate:  1.  A racial equity impact analysis has been completed for the Project. (Identify a report on that analysis or, ifno report was produced, describe the analysis and The Recipient or aj project partner has adopted an equity and inclusion program/plan or has otherwise instituted equity-focused policies related to project procurement, material sourcing, construction, inspection, hiring, or other activities designed to ensure racial equity in the overall delivery and implementation of the Project. (Identify the relevant programs, plans, or The Project includes plysical-baner-mitgatng land bridges, caps, lids, linear parks, and multimodal mobility investments that either redress past barriers to opportunity or that proactively create new connections and opportunities for underserved communities that are underserved by transportation. (Identify the The Project includes new or improved walking, biking, and rolling access for individuals with disabilities, especially access that reverses the disproportional impacts of crashes on people of color and mitigates neighborhood bifurcation. (Identify the new or improved access in the supporting narrative below.) The Project includes new ori improved freight access to underserved communities to increase access to goods and job opportunities for those underserved communities. (Identify the new or improved access in the The Recipient has taken other actions related to the Project to improve racial X equity and reduce barriers to opportunity, as described in the supporting The Recipient has not yet taken actions related to the Project to improve racial equity and reduce barriers to opportunity but, before beginning construction of the project, will take relevant actions described in the supporting narrative The Recipient has not taken actions related to the Project to improve racial equity and reduce barriers to opportunity and will not take those actions under  its results in the supporting narrative below.)  policies in the supporting narrative below.)  relevant investments in the supporting narrative below.)  supporting narrative below.) narrative below.  below. this award.  11of12    2. Supporting Narrative.  The City of] Enterprise, Alabama, seeks to develop a city-wide Safety Action Plan to address and help eliminate fatal and serious injury crashes and promote safer travel. The City is committing to make a difference in the lives of families in the community by preparing and implementing a plan that will help spare future generations the experience and pain caused' by life changing crashes. Enterprise has experiençed 21 fatalities and/or serious injury vehicle crashes between the years of2019 and 2023. Sadly, many fatalities and serious injury crashes were the result of intoxicated drivers, distracted drivers, and failure to yield right-of-way. The City seeks to reduce The Action Plan will pursue equitable strategies that will promote safer travel through educational programs targeting impaired driving and helping eliminate distracted driving. The Action Plan will also use evidence from detailed analysis of latest 5-year crash data to identify specific areas for safety improvement, such as minor geometric improvements, enhanced striping The plan will use all-inclusive outreach programs to reach everyone in the community and connect across the service area to obtain input for making the streets safer. The programs will collaborate with both private stakeholders and the public at large. An effort will be made to focus on equity to actively include traditionally underserved, transportation disadvantaged, All modes of transportation used in the City will be equitably considered for safety improvements in the action plan, be it walking, bicycling or vehicular. An emphasis will be placed on providing safety improvements impartially to all communities. The Plan will also identify tools to provide actual progress versus targets. The City of Enterprise, Alabama, is committed to create an Action Plan to make the streets in the community safer for all that travel and traverse the roadways by identifying the causes and helping reduce severe crashes.  the number ofsevere crashes by 50% over the next 5-year period.  or signage, or various ITS implementations.  minority and low-income communities in the outreach programs.  12of12    City of Enterprise 501 SMain Street Enterprise, Alabama 36330 Phone (334)348-2671 ngnemngeantpielgey  Department of Engineering Services & PublicWorks  a  OFPROT  MEMORANDUM  TO: FROM: DATE: RE:  Beverly Sweeney, City Clerk  Thomas Hardy, Assistant Director of Engineering witoay  5/29/2024  Council Agenda - Request to Execute Agreement  lam seeking Council approval to authorize the Mayor to execute a software license and service agreement with South Central Planning and Development Commission (SCPDC), for  ydovernmentonine (MGO) software as follows:  The 1001-2 2000 Permit' Volume package for Code Enforcement, billed at $143.75 monthly. Contract terms are two (2) years, with automatic renewal for 12-month periods following the end of the initial term. The purchase oft this software was approved in the FY24 budget.  This agreement has been reviewed and approved by the City Attorney.  Page 1    INTERGOVERNMENTAL AGREEMENT  FOR SCPDCSOFTWARELICENSE AND SERVICE AGREEMENT  Sec. 1. Parties and Purpose domiciled in Coffee County.  1.1 City ofl Enterprise ("Licensee"), a Political Subdivision oft the State of Alabama  1.2. The South Central Planning and Development Commission (Licensor) ("SCPDC") is are regional planning commission and Political Subdivision of the State ofLouisiana, domiciled in Terrebonne Parish. The district was established in 1973 and created by law in 1978 under state act 472. The statute allows its member governmental entities to come together through SCPDC to provide long range planning, act as as state and federal liaison, provide guidance and study to current issues affecting govemment, and provide  services to business and citizens.  1.3. SCPDC has created a unique suite ofg government management software modules collectively called MyGovemmentOnline (MGO) software (the "SCPDC Software"). This contract is entered into among Licensee, and licensor to license the use of the SCPDC Software under certain terms and conditions. Licensee shall participate in partnership with SCPDCin the continued growth and expansion oft the SCPDC Software through continued feedback and analysis with the purpose to better the software and services for all partnered jurisdictions for a public good.  This INTERGOVERNMENTALAGREEMENT (this "Agreement"): is entered into by and between South Central Planning and Development Commission, a Political Subdivision of the State ofLouisiana, domiciled in Terrebonne Parish, Louisiana, hereinafterreferred to as "SCPDC" and City of Enterprise, a Political Subdivision oft the State of Alabama, hereinafter referred to as Licensee, and describes the terms and conditions pursuant to which SCPDC shall license to Licensee the use of, and provide support for, certain Software (as defined below).  Inc consideration oft the mutual promises and upon the terms and conditions set forth below,  the parties agree as follows: DEFINITIONS  2.  2.1 CONFIDENTIAL INFORMATION" means this Agreement, including all of its terms, and all its Schedules, any addenda hereto signed by both parties, all Software listings, Documentation, information, data, drawings, benchmark tests, specifications, trade secrets, object code and machine-readable copies oft the Software, source code relating to the Software, and any other proprietary information supplied to Licensee by SCPDC, or by Licensee to SCPDC and clearly marked as confidential information", including all items defined as "confidential information" in any other agreement between Licensee and SCPDC whether executed prior to or  after the date oft this Agreement.  Page 1of17    2.2 DOCUMENTATION" means any on-line help files, instruction manuals, operating instructions, user manuals, and specifications provided by SCPDC which describe the use of the Software and which either accompany the Software or are provided to Licensee at any time. 2.3 "EFFECTIVE DATE" means the later of the dates on which Licensee and SCPDC have 2.4 "EQUIPMENT" means the computer system, including peripheral equipment and 2.5 "MAJOR AND MINOR UPDATES" shall mean updates, ifany, to the SCPDC Software. Major Updates involve additions of substantial functionality while Minor Updates do not. Major Updates are designated by a change in the number to the left of the decimal point of the number appearing after the product name while Minor Updates are designated by a change in such number to the right oft the decimal point. Example, My Permit Now version X.0 (major update) and My Permit Now version 0.Y (minor update). SCPDC is the sole determiner of the availability and designation of an update as a Major or Minor Update. Where used herein "Updates" shall mean 2.6 "SITE" means each physical location, or each Internet link accessible by end-users through Licensee's Web Site, at which Licensee and its customers are entitled to Use the Software. 2.7 "SOFTWARE" means the computer software programs specified in Schedule A and 2.8 "USE" means loading, utilization, storage or display of the Software by Licensee for its own internal information processing, and utilization by end users accessing Licensee's Web Site 2.9 "PERMIT" shall mean any type of permit, including but not limited to, new construction permit, building permit, structure renovation permit, mechanical permit, plumbing permit, gas permit, electrical permit, and sign permit. Multiple permits listed under one number shall not be considered a single permit when calculating funds owed SCPDC pursuant to the terms of the 2.10 "License Fee(s)" shall mean all payment due pursuant to this Agreement, including the permit volume package amount and the payments due for the elected add on modules as detailed  signed this Agreement.  operating system software, specified in Schedule B.  Major or Minor Updates interchangeably.  otherwise provided for Licensee use pursuant to this Agreement.  through the Internet.  Intergovemmental Use Agreement.  in Schedule A. 3.  LICENSE, DELIVERABLES AND COPIES  3.1 LICENSE GRANT.  (a) Subject to the terms of this Agreement, Licensor grants to Licensee a nonexclusive, nontransferable, royalty-bearing user license during the term of this Agreement to use the Licensor's Software, through Internet access only, internally on one or more servers controlled by or on behalf of Licensee solely for purposes of using the Licensor's products known as  Page 2 of17    MyPermitNow, MyProjectNow, MyAddressNow, MyGovemmentonine. Inspection Anywhere. The scope oft the foregoing license encompasses Licensee'si internal use ofLicensor's Software in connection with providing services to Licensee's customers, allowing customers of Licensee access to Licensee's portal for the purpose of researching permit requirements and submitting permit requests to the Licensee, but excludes any sublicensing ofLicensor's Software, uploading oro otherwise transferring, or providing direct access to, the Licensor's Software to any third party without Licensor's prior written consent, including access by any third party to the Licensor's Software on a stand-alone basis. License granted hereunder includes the use ofDocumentation in  connection with Use oft the Software.  (b) OWNERSHIP. SCPDC and its licensors solely own all right, title and interest in and to the SCPDC's Software, and reserve all rights therein not expressly granted under this Agreement. This license transfers to Licensee neither title nor any proprietary or intellectual property rights to the Software, Documentation, or any copyrights, patents, or trademarks, embodied or used in connection therewith, except for the rights expressly granted herein.  (i) Without limiting the generality oft the foregoing, except as expressly stated in paragraph (a), Licensee may not directly or through any third party (a) transfer or sublicense, in whole or part, any copies of the SCPDC Software to any third party; (b) modify, decompile, reverse engineer, or otherwise attempt to access the source code of the SCPDCSoftware; or (c) copy the SCPDC Software, except such copies oftherecords as necessary for reasonable and customary back-up and disaster recovery purposes. Licensee will not delete or alter the copyright, trademark or other proprietary rights notices of SCPDC and its licensors included with the SCPDC Software as delivered to Licensee, and will reproduce such notices on all copies of the SCPDC Software. If derivative works oft the SCPDC Software are prepared by or on behalfofLicensee based on suggestions or requests by Licensee, SCPDC will solely own such modifications. (ii) The Licensee may not develop products that interface or are intended for use with the SCPDC Software ("Add-On Products") without SCPDC's express written (c) Notwithstanding the inclusion of Licensee's customer in the class of allowed users, SCPDC's affirmative obligations will be limited to the entity named above. Licensee hereby shall indemnify and hold harmless SCPDC from and against all losses, costs, liabilities and expenses arising out of or relating to any breach by Licensee of this agreement, use ofthes software, or as a result oft the carelessness, negligence ori improper  permission.  conduct ofLicensee, its agents, employees or representatives.  3.2 DELIVERABLES. SCPDC shall issue tol Licensee, as soon as practicable, a web address from where the Licensee can select "jurisdiction login."The login account shall be comprised of aunique username (for instance johndoelseple.ony) and password for each user oft the system in 3.3 COPIES. Whenever Licensee is permitted to copy or reproduce all or any part of the Documentation, all titles, trademark symbols, copyright symbols and legends, and other  the employ and under control ofl Licensee.  proprietary markings must be reproduced.  Page e3of17    4.  LICENSE RESTRICTIONS. Licensee agrees that it will not itself, or through any parent, subsidiary, affiliate, agent or other third party: (a)sell, lease, license or sub-license the Software or the Documentation; (b) decompile, disassemble, or reverse engineer Software, in whole or in part; (c) write or develop any derivative software or any other software program based upon the Software or any Confidential Information; (d) use the Software to provide services on a 'service bureau' basis; or (e) provide, disclose, divulge or make available to, or permit use oft the Software  byany unauthorized third party without SCPDC's prior written consent.  5.  LICENSE FEE  5.1 LICENSE FEE. In consideration of the license granted pursuant to Section 2.1. Licensee agrees to pay SCPDC the License Fee specified in Schedule A. Licensee shall pay SCPDC a fee based on Licensee's use of the SCPDC Software, determined according to the terms set forth in Schedule. A. It is expressly agreed that the Liçensee will not house transactions that are the basis offees paid to SCPDCina another system with thei intentionofavoiding: the responsibility C of! paying fees to SCPDC for the term of this agreement. Should SCPDC determine that Licensee violates this provision, SCPDC, ati its expense and on reasonablenotice, may cause: suchl Licensee'srecords: to be audited during regular business hours at Licensee's facilities. If an audit reveals underpayment of fees due under this Agreement, all such amounts will be promptly paid with interest at the prevailing U.S. dollar prime rate accruing from the original due date. If any such underpayment exceeds 5% ofthe fees due for the period audited, Licensee will also pay SCPDC's 5.2 TAXES. Licensee agrees to pay or reimburse SCPDC: for all federal, state, parish, or local sales, use, personal property, payroll, excise or other taxes, fees, or duties arising out of this Agreement ort the transactions contemplated byt this Agreement (other than taxes on the neti income 5.3 NO OFFSET. Fees and expenses due from Licensee under this Agreement may not be withheld or offset by Licensee against other amounts owed by SCPDC for any reason.  reasonable costs of conducting the audit.  ofSCPDC).  6.  MAINTENANCE AND SUPPORT. Licensee agrees to pay Fees according to Schedule A. For so long as Licensee is current in the payment ofall fees in Schedule A, with respect to each software module, Licensee will be entitled to Maintenance and Support for each software module as set forth in Schedule C attached hereto. Failure to pay fees with respect to any software module shall be deemed ai material breach ofthis Agreement and in such event SCPDC shall have the right tot terminate the rights granted hereunder with respect to such site for the term ofthis Agreement.  7.  LIMITED WARRANTY AND LIMITATION OF LIABILITY  7.1 LIMITED WARRANTY. SCPDC warrants for the term of the contract from the Effective Date (the "Warranty Period") the Software will perform in substantial accordance with the Documentation under normal use. Ifduring the Warranty Period the Software does not perform as warranted (a Non-Confommanc". SCPDC shall undertake to correct such Non-Conformance, or ifcorrection is reasonably not possible, replace such Software free of charge. If neither of the foregoing is commercially practicable, SCPDC shall terminate this Agreement and refund to Licensee the License Fee. THE FOREGOING ARE LICENSEE'S SOLE AND EXCLUSIVE  Page 4 of17    REMEDIES FOR BREACH OF WARRANTY. The warranty set forth above is made to and for  the benefit ofLicensee only. The warranty will apply onlyi if:  (a) The Software has been properly used at all times and in accordance with the (b) No modification, alteration or addition has been made to the! Softwarel by persons under the control of Licensee (except pursuant to the authorized Use of the Software specified in  instructions for Use; and  Schedule A) except as authorized in writing by SCPDC; and  (c) Licensee! has not requested modifications, alterations or additions to the Software that (d)s SCPDC warrants that it possesses all oft the right, title, interest and authority to enter into this agreement with Licensee. SCPDC also warrants that no lawsuit or claim concerning the Any pre-production versions oft the Software distributed to Licensee are delivered "as-is," without any express or implied warranties. No employee, agent, representative or affiliate of SCPDC has authority to bind SCPDC to any oral representations or warranty concerning the Software. Any written representation or warranty not expressly contained in this Agreement will not be 7.2 DISCLAIMER. EXCEPT AS SET FORTH ABOVE, SCPDC MAKES NO WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY REGARDING OR RELATINGTOTHE: SOFTWARE OR THE DOCUMENTATION, OR ANY MATERIALS OR SERVICES FURNISHED OR PROVIDED TO LICENSEE UNDER THIS AGREEMENT, INCLUDING MAINTENANCE AND SUPPORT. SCPDC SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT WITH RESPECT TO THE SOFTWARE, DOCUMENTATION AND SAID OTHER MATERIALS AND SERVICES, AND WITH RESPECT TO THE FOREGOING. IN ADDITION, SCPDC DISCLAIMS ANY WARRANTY WITH RESPECT TO, AND WILL NOT BE LIABLE OR OTHERWISE RESPONSIBLE FOR, THE OPERATION OF THE SOFTWARE IF PROGRAMS ARE MADETHROUGHTHE USE OF SOFTWARE OR NON-SCPDC SOFTWARE THAT CHANGE, OR ARE ABLE TO  cause: it to deviate from the Documentation;  Software is currently pending.  enforceable.  CHANGE, THE DATA MODEL OF THE SOFTWARE.  7.3 LIMITATION OF LIABILITY. IN NO EVENT WILL SCPDC BE LIABLE FOR ANY LOSS OF PROFITS, LOSS OF USE, BUSINESS INTERRUPTION, LOSS OF DATA, COST OF COVER ORINDIRECT,SPECIAL INCDENTALORCONSEQUENSEQUENTALDAMAGESO ANY KIND IN CONNECTION WITH OR ARISING OUT OF THE FURNISHING, PERFORMANCE OR USE OF THE SOFTWARE OR SERVICES PERFORMED HEREUNDER, WHETHER ALLEGED AS A BREACH OF CONTRACT OR TORTIOUS CONDUCT, INCLUDING NEGLIGENCE, EVEN IF SCPDC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ADDITION, SCPDC WILL NOT BE LIABLE FOR ANY DAMAGES CAUSED BYI DELAY IN DELIVERY OR FURNISHINGTHE SOFTWARE OR SAID SERVICES. SCPDC'S LIABILITY UNDER THIS AGREEMENT FOR DIRECT,  Page 5of17    INDIRECT, SPECIAL, INCIDENTAL AND/OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, RESTITUTION, WILL NOT, IN ANY EVENT, EXCEED THE LICENSE FEE PAID BY LICENSEE TO SCPDC UNDER THIS 7.4 ALLOCATION OF RISK. The provisions of this Section 7 allocate risks under this Agreement between Licensee and SCPDC. SCPDC's pricing reflects this allocation of risks and limitation thereofin accordance with the provisions oft this Agreement and not liability. 7.5 CLAIMS. No action arising out of any breach or claimed breach of this Agreement or transactions contemplated by this Agreement may be brought by either party more than one (1) year after the cause ofaction has accrued. For purposes of this Agreement, a cause of action will be deemed to have accrued when a party knew or reasonably should have known of the breach or 7.6 LIMITATION. The foregoing obligations shall not apply to the extent the infringement arises as a result of modifications to the Software made by any party other than SCPDC or 7.7 EXCLUSIVE REMEDY. The foregoing states the entire liability of SCPDC and Licensee's exclusive remedy with respect to infringement of any patent, copyright, trade secret or  AGREEMENT.  claimed breach.  SCPDC's authorized representative.  other proprietary right.  8.  CONFIDENTIALITY  8.1 CONFIDENTIAL INFORMATION. Each party acknowledges that the Confidential Information constitutes valuable trade secrets and each party agrees that it shall use Confidential Information solely in accordance with the provisions of this Agreement and will not disclose, or permit to be disclosed, the same, directly or indirectly, to any third party without the other party's prior written consent. Each party agrees to exercise due care in protecting the Confidential Information from unauthorized use and disclosure. Furthermore, it is understood that the terms of this Agreement reflect consideration received by Licensee in return for being an early user oft the Software. However, neither party bears any responsibility for safeguarding information that (i)is publicly available, subject to a public records request pursuant to revised Statute 44:1 et seq., (ii) already in the other party'sp possession and not subject to a confidentiality obligation, (ii) obtained by the other party from third parties without restrictions on disclosure, (iv) independently developed by the other party without reference to Confidential Information, or (v) required to be disclosed by order of a court or other governmental entity. Nothing herein will prevent routine 8.2 INJUNCTIVE RELIEF. In the event of actual or threatened breach of the provisions of Section 9.1, the non-breaching party will have no adequate remedy at law and will be entitled to immediate and injunctive and other equitable relief, without bond and without the necessity of  discussions by the parties that normally take place in a' "user group" context.  showing actual monetary damages.  Page 6 of17    9. TERM. AND' TERMINATION  9.1 TERM. This Agreement will take effect on thel Effective Date and will remain in force for aperiod oftwo (2) years thereafter. The contract will automatically renew for 12-months periods following the end oft the initial term unless the Licensee provides written notice to the Licensor sixty (60) days before the expiration of the two-year term or the contract is terminated in  accordance with this Agreement.  9.2 TERMINATION. This Agreement is terminated by:  (a)ByLicensee. Should there be discovered a serious defect or flaw in the SCPDCsoftware that prevents the Licensee from using the system to support Licensee's operations in issuance of permits, Licensee shall notify SCPDC ofthei issue. SCPDC willl have 45 days to resolve the issue. Ift the issue cannot be resolved within the time period, the contract will terminate on the Isofthe  following month.  (b) By SCPDC. Upon written notice to Licensee if any of the following events ("Termination Events")occur, provided that no such termination will entitle Licensee to a refund ofany portion of the License Fee or maintenance fees: (i) Licensee fails to pay any undisputed amount due to SCPDC within thirty (30) days after SCPDC gives the Licensee written notice of such non-payment; (ii) Licensee is in material breach of any non-monetary term, condition or provision of Agreement, which breach, if capable of being cured, is not cured within thirty (30) days after SCPDC gives Licensee written notice ofs such breach; or (iri) Licensee becomes subject to any bankruptcy or insolvency: proceeding under federal or state statutes; or (iv) SCPDC elects 9.3 EFFECT OF TERMINATION. Ifany' Termination Event occurs, termination will become effective immediately or on the date set forth in the written notice oftermination. Termination of this Agreement will not affect the provisions regarding Licensee's or SCPDC's treatment of Confidential Information, provisions relating to the payment of amounts due, or provisions limiting or disclaiming SCPDC's liability, which provisions will survive termination of this Agreement. Within fourteen (14) days after the date of termination or discontinuance of this Agreement for any reason whatsoever, Licensee shall return any copies of the SCPDC Software, derivative works and all copies thereof, in whole or in part, all related Documentation and all copies thereof, and any other Confidential Information in its possession. Upon termination oft this Agreement, Licensee shall cause the SCPDC Software to be removed from all computer units, including desktops and laptops, in the Licensee'soffice: and from the computer units ofthird party contractors performing work for Licensee. Licensee shall furish SCPDCV with a certificate signed 9.4 In the event of the termination or nonrenewal of this agreement, SPCDC warrants that the information stored by SPCDC as a result of Licensee use of the MyGovemmentOnline will be 10. NON-ASSIGNMENT. Neither this Agreement nor any rights under this Agreement may be assigned or otherwise transferred by Licensee, in whole or in part, whether voluntary or by operation of law, including by way of sale of assets, merger or consolidation, without the prior written consent ofSCPDC, which consent will not be unreasonably withheld or delayed. Subject  tor refund Licensee's fees.  by an executive officer ofLicensee verifying that the same has been done.  available to Licensee.  Page7of17    to the foregoing, this Agreement will be binding upon and will inure to the benefit oft the parties 11. NOTICES. Any noticer required or permitted under thet terms ofthis Agreement or required by law must be in writing and must be (a) delivered in person, (b) sent by first class registered mail, or air mail, as appropriate, (c) sent by overight air courier, or (d) by facsimile, in each case properly posted to the appropriate address set forth below. Either party may change its address for noticel by noticet to the other party given in accordance with this Section. Notices willl be considered tol have been given at the time of actual delivery in person, three (3) business days after deposited the mail as set forth above, one (I) day after delivery to an overnight air courier service, or one (1)  and their respective successors and assigns.  day after the moment oftransmission by facsimile. To: South Central Planning & Development Commission Address: 5058 West Main St. Houma, LA 70360  To: Address:  City ofl Enterprise P.O. Box 311000 Enterprise, AL 36330  12. MISCELLANEOUS  12.1 VIRUSES AND DISABLING DEVICES. Neither SCPDC Software nor any enhancements, modifications, upgrades, updates, revisions or releases thereof shall contain ()any mechanism such as a "trap door", "time bomb", or "logic bomb", software protection routine or other similar device, that would enable SCPDC to disable the Software or make the Software inaccessible to Licensee after the Software is installed; or (ii) to the best of SCPDC's knowledge, 12.2 FORCE MAJEURE. Neither party willi incur any liability to the other party on account of any loss or damage resulting from any delay or failure to perform all or any part ofthis Agreement ifsuch delay or failure is caused, in whole ori in part, by events, occurrences, or causes beyond the control and without negligence of the parties. Such events, occurrences, or causes will include, without limitation, acts of God, strikes, lockouts, riots, acts of war, earthquakes, fire and explosions, but the inability to meet financial obligations is expressly excluded. 12.3 WAIVER. Any waiver of the provisions of this Agreement or of a party's rights or remedies under this Agreement must be in writing to be effective. Failure, neglect, or delay by a party to enforce the provisions oft this Agreement or its rights or remedies at any time, will not be construed and will not be deemed to be a waiver of such party's rights under this Agreement and will not in any affect the validity of the whole or any part of this Agreement or prejudice such party's right to take subsequent action. Except as expressly stated in this Agreement, no exercise ore enforcement by either party of any right or remedy under this Agreement will preclude the enforcement by such] party ofa any other right or remedy under this Agreement or that such partyis 12.4 SEVERABILITY. If any term, condition, or provision in this Agreement is found to be invalid, unlawful or unenforceable to any extent, the parties shall endeavor in good faith to agree to such amendments that will preserve, as far as possible, the intentions expressed in this  any computer "virus", "worm" or similar programming routine.  entitled by law to enforce.  Page 8of17    Agreement. If the parties fail to agree on such an amendment, such invalid term, condition or provision will bes severed from ther remaining terms, conditions and provisions, which will continue 12.5 STANDARDTERMS OF LICENSEE. Not terms, provisions or conditions ofany purchase order, acknowledgment or other business form that Licensee may use in connection with the acquisition or licensing ofthe Software use willl have any effect on the rights, duties or obligations oft the parties under, or otherwise modify, this Agreement, regardless ofany failure of SCPDC to 12.6 AMENDMENTS TOTHIS. AGREEMENT. This Agreement may not be amended, except 12.7 SCPDC'S PRIOR CONSENT. Unless expressly provided otherwise in this Agreement, any prior consent of SCPDC that is required before Licensee may take an action may be granted 12.8 EXPORT OF SOFTWARE. Licensee may not export or re-export the SCPDC Software without the prior written consent ofSCPDC and without the appropriate United States and foreign 12.9 APPLICABLE LAW. This Agreement will be interpreted and construed in accordance with the laws of the State of Alabama and the United States of America, without regard to the 12.10 PUBLIC ANNOUNCEMENTS. Licensee acknowledges that SCPDC may desire to use its name in press releases, product brochures and finançial reports indicating that Licensee is a Licensee of SCPDC, and Licensee agrees that SCPDC may use its name in such a manner. Licensee reserves the right to review any use of its name and to withhold permission, which 12.11 DISPUTE RESOLUTION. The parties have entered into this Agreement voluntarily and in good faith. As a result, if any dispute, claim or controversy ("dispute") arises between them, unless otherwise provided in this Agreement, they agree that they will first attempt to resolve the dispute by entering into mediation with a mediator selected from the Panel Members of American 12.12 HEADINGS. Section and Schedule headings are for easeofreference onlya and do not form 12.13 ENTIRE AGREEMENT. This Agreement (including the Schedules and any addenda hereto signed by both parties) contains the entire agreement of the parties with respect to the subject matter of this Agreement and supersedes all previous communications, representations, understandings and agreements, either oral or written, between the parties with respect to said subject matter, except as provided in Section 8.1 with respect to the definition of "Confidential  to be valid and enforceable to the fullest extent permitted by law.  object to such terms, provisions or conditions. bya writing signed by both parties.  or withheld in SCPDC's sole and absolute discretion.  government licenses.  conflict oflaws principles.  permission will not reasonably be withheld.  Arbitration Association. part oft this Agreement.  Information."  Page 9 of17    IN WITNESS WHEREOF, the parties have executed this Agreement.  CITY OF ENTERPRISE, ALABAMA By:  SOUTHICENTRALFILANNNO AND DEVELOPMENT COMMISSION  By:  William E. Cooper, Mayor  Kevin Belanger, ChiefE Executive Officer  Page 10 of17    SCHEDULE A  INTERGOVERMENTAL CONTRACT SOFTWARE AND LICENSE FEE  South Central Planning and Development Commission and Jurisdiction Government  A. SOFTWARE USE  Licensee use ofs SCPDC's! Mydovermentonine System, Standard Configuration  B. LICENSE FEE 1.  MyPermitNow and Inspection Anywhere:  The following package prices are offered though thei initial term oft the contract. Please filli in below which  permit volume package most reasonably fits your anticipated annual permit volume.  MONTHLY RATE Planning & Code  Addressing/GIS $230.00 $230.00 $230.00 $230.00 $230.00 $230.00 $230.00 $230.00 $230.00 $230.00 $230.00 $230.00  Permit Volume  Overage Rate Permits Zoning $10.00 $260.42 $156.25 $10.00 $500.00 $300.00 $10.00 $958.33 $575.00 $143.75 $10.00 $1,833.33 $1,100.00 $10.00 $2,500.00 $1,500.00 $10.00 $3,166.67 $1,900.00 $10.00 $3,750.00 $2,250.00 $10.00 $4,250.00 $2,550.00 $10.00 $4,666.67 $2,800.00 $10.00 $5,000.00 $3,000.00 $10.00 $5,250.00 $3,150.00  Enforcement Integration $99.00 $99.00 $275.00 $375.00 $475.00 $562.50 $637.50 $700.00 $750.00 $787.50 $812.50  0-500 501-1000 1001-2000 2001-4000 4001-6000 6001-8000 8001 -10000 10001- -12000 12001-14000 14001 1 16000 16001 -18000  18001 -30000 No Overage $5,416.67 $3,250.00 ANNUAL PERMIT VOLUME OVER 30,000AYEARA MAY REQUIRE AC CUSTOM QUOTE.  The. Jurisdiction has agreed tot the 1001 - 2000 Permit Volume package for Code Enforcement. It isunderstoodt this willl be billed on a levelized billing system of$143.75 monthly. Ifanytime during ac calendar year the total volume of permits exceeds the packages permit volume, Licensee shall pay, ina addition toi its package Rate Per Permit fee, the Overagel Rate shown in the Schedule above. Permit volume packages may be adjusted annually. At the end of a permit volume year if the jurisdiction's permit volume exceeds 20% of the max permit volume number of their currently subscribed package the jurisdiction shall automatically subscribe to the package that the total new Add on modules ofa a standard configuration of Permits, Planning and Zoning or Addressing /GIS Integration may be activated by request during the term ofthis agreement for the monthly rates defined in the rate chart in Schedule A that corresponds to the jurisdictions selected permit package. In the event thej jurisdiction makes a change to the original permit package chosen, the monthly rate shall change to correspond with the rate chart as shown in Schedule A.  permit volume count places them in.  Page 11 of17    Other Fees: fee.  On-Site Visits: Reimbursement of lodging, transportation and meals, plus a 20% administrative Integration for online credit card or ACH transactions: Existing Credit Card Vendor: $100.00 one- Historic Data Imports: Imports requiring 20 hours of staff time or less free of charge. Imports  time fee; New Credit Card Vendor: $500.00 one-time fee.  requiring more than 201 hours of analyst time is subject to a custom quote.  SCPDC will invoice Licensee at thel beginning ofeachr month. Theinvoices shall be payable within  30 days of the date of the invoice.  Page 12 of17    SCHEDULE B  INTERCOVERMENTAL USE. AGREEMENT  South Central Planning and Development Commission and Jurisdiction EQUIPMENT SITE, USER NAME, PERSONAL USER NUMBER AND  PERSONAL ACCESS PASSWORD  B.1 The following is the Equipment on which Licensees may use the software:  Restricted to computers used by Licensee's personnel in order to accomplish Personnel's job duties via the Internet for access to SCPDC Software, each user having a specially assigned B.2. At the execution of this Agreement, SCPDC shall provide a USER CREATION form to the Licensee to be used for Personnel account creation requests. Upon completion of the forms the licensee will return the forms to SCPDC or its AGENT and accounts shall be created in the system with information provided on the forms. Users can change the provided password on the form in the software after their first login. The personal user name and personal access password will be maintained in confidence and not distributed to the public. Additional personal user names and personal access passwords may be provided upon a written request to SCPDC with the user creation form providing the user name and confirmation that the user is an employee ofLicensee iss supplied to SCPDC, which will become an addendum to this schedule, such request will not be  user name and a personal access password.  unreasonably withheld.  Page 13of17    SCHEDULEC  INTERGOVERMENTAL USE AGREEMENT MAINTENANCE AND SUPPORT  South Central Planning and Development Commission and Jurisdiction  DEFINITIONS  1.1 "SUPPORT CALL (TIER 1)" means a reported problem in the SCPDC Software which is not affecting the Software's ability to perform substantially in accordance with the user 1.2 "SUPPORT CALL (TIER 2)" means a reported problem in the SCPDC Software, not considered as a Level I support problem as defined in 1.1 above, which causes serious disruption 1.3 "SUPPORT CALL (TIER 3)" means a reported problem in the SCPDC Software which causes the system to be down and not serving as designed, or has a significant revenue impact, 1.4 "RESPONSE TIME" means the elapsed time between the receipt of a service call and the time when SCPDCbegins thel Maintenance and Support,including: a verbal or written confirmation  documentation.  ofa function, however the system is still serving Licensee.  with no obvious work-around.  tot the Licensee thereof.  1.5 "RESPONSE CENTER AND CONTACT PROCEDURE" shall mean:  Address 5058 West Main Street Houma, LA 70360  Hours of Operation 8:00 a.m. to 4:30 p.m. CST  Contact Information Tel:18669573764 Ryan Hutchinson, ChiefTechnology Officer  E-mailsupptemguNmmenonimears  2. TERM AND TERMINATION. SCPDC's provision of Maintenance and Support to Licensee will commence on the Effective Date and will continue for an initial term of two (2) years. Maintenance and Support will automatically renew at the end of the initial term and any subsequent term for a renewal term of one (1) year unless Licensee has provided SCPDC with a written termination notice ofits intention not to renew the Maintenance and Support at least ninety (90) days prior to the termination expiration ofthe then-current term. Termination ofMaintenance  and Support upon failure to renew will not affect the license oft the Software.  Page 14 of17    3. MAINTENANCE AND SUPPORT SERVICES. Maintenance and Support will be provided only with respect to use of the versions of the Software that are being supported by SCPDC. SCPDC will provide multi-site backup of permit issuance data for permits supported by MyGovemmentOnline system. SCPDC will provide 24-hour emergency service support, after hours cell numbers are accessed through the IVR menu, for Licensee's staff and Licensee's customers by SCPDC's technical support personnel. SCPDC will offer to Licensee new versions of MyGovermmentonline Software as they become available. Upon Licensee's request SCPDC will attempt, so long as practicable, to convert Licensee's current permit data for use with SCPDC Software. Upon Licensee's request SCPDC will, as long as practicable, will perform regularly scheduled exports of Licensee's permit and inspection data to Licensee's database. Within SCPDC's capabilities, SCPDC will perform customization of SCPDC Software based on Licensee's specific jurisdiction. Whenever possible, SCPDC will provide features in the SCPDC Software allowing Licensee to create and search variances and define relationships between variances and permits. SCPDC will provide remote support for the storage of photos, building/permits documents, inspection reports, plan review files and associated miscellaneous records. Within the capabilities of the SCPDC Software, and upon Licensee's request, SCPDC will provide Licensee with customized reports. The client will be expressly forbidden from creating add-ons or feature changes to that version or disclose the source code to any third party. 3.1 LEVELS OF MAINTENANCE AND SUPPORT. Maintenance and Support is available att the following Response Times: (i) Support Call (Tier 3): response time three (3)hours, patch or work-around next day, fixed or documented in next major product release (ii) Support Call (Tier 2): response time six (6) hours, patch or work-around within five days, fixed or documented in next major product release; (iri) Support Call (Tier 1): one (1) business day, problem documented 3.2 BASIC MAINTENANCE. Basic Maintenance means that SCPDC will provide during SCPDC's standard hours of service: (i) Updates and Minor Updates, when and if available, and related on-line Documentation, and (ii) telephone assistance with respect to the use of Software, including (a) clarification of functions and features of the Software; (b) clarification of the Documentation; (c) guidance in the use of the Software; and (d) error verification, analysis and correction to the extent possible by telephone. SCPDC's standard hours of service are Monday through Friday, 8:00 a.m. to 4:30 p.m., CST except for holidays as observed by SCPDC. 3.3 ON-SITE ASSISTANCE. At SCPDC's discretion, SCPDC can decide to provide Maintenance and Support at the Licensee Site. In such event Licensee will reimburse SCPDC for 3.4 CAUSES WHICH ARE NOT ATTRIBUTABLE TO SCPDC. Maintenance and Support will not include services requested as a result of, or with respect to causes which are not attributablet to SCPDC Software. These services willl bel billed tol Licensee at SCPDC's then-current rates. Causes which are: not attributable to SCPDC include but are not limited to: 3.5.1 Accident. Unusual physical, electrical or electromagnetic stress; neglect; misuse; failure or fluctuation of electric power, air conditioning or humidity control; failure of rotation media not furnished by SCPDC; excessive heating; fire and smoke damage; operation oft the Software with other media and hardware, software or telecommunication interfaces not meeting or not maintained ina accordance with the mamufcturrispertficitions or causes other than ordinaryuse;  and input for consideration in next major product release.  all related traveling expenses and costs for board and lodging.  Page 15of17    3.5.2 Improper use of the Software that deviates from any operating procedures established by 3.5.3 Modification, alteration or addition or attempted modification, alteration or addition oft the Software undertaken by persons other than SCPDC or SCPDC'sa authorizudreprsematives;  SCPDC ini the applicable Documentation;  3.5.4 Software programs made by Licensee or other parties.  4.  RESPONSIBILITIES OF LICENSEE. SCPDC's provision of Maintenance and Support  to Licensee is subject to the following:  4.1 Licensee shall provide SCPDC with access to Licensee's personnel and Equipment during normal business hours. This access must include the ability to dial-in to the Equipment on which the Software is operating and to obtain the level ofaccess necessary to support the Software. 4.2 Licensee shall provide supervision, control and management of the Use of the Software. In addition, Licensee shall implement procedures for the protection of information and the implementation of backup facilities in the event of errors or malfunction of the Software or 4.3 Licensee shall document and promptly report all errors or malfunctions oft the Software to SCPDC. Licensee shall take all steps necessary to carry out procedures for the rectification of errors or malfunctions within a reasonable time after such procedures have been received from 4.4 Licensee shall maintain a current backup copy of all records and transactions using the 4.5 Licensee shall properly train its personnel in the Use and application of the Software and  Equipment.  SCPDC.  SCPDC Software.  the Equipment on which it is used.  5. 6.  MAINTENANCE FEE. For Jurisdiction the maintenance fees are waived and the license ASSIGNMENT OF DUTIES. SCPDC may assign its duties of Maintenance and Support to a third party, provided that SCPDC will remain responsible for the actions of such third party. Any such assignment is subject to Licensee's consent, which consent shall not be unreasonably 7. Project Abandonment = Should SCPDC abandon development and support of a MyGovemmentonine module and can no longer fulfill its contractual obligations pursuant to the Intergovemmental Agreement, the last stable source code release of that module will be licensed to Licensee under an open-source license agreement such as fori instance GNU. The specific open  fees cover all costs for maintenance and support for the terms ofthis Agreement.  withheld or delayed.  source license agreement would be chosen by SCPDC at such time.  Page 16of17    8. Licensee data - Upon the client's written request, SCPDC agrees to provide all hosted client data tot the client electronically once a calendar year in either the existing database format or CSV format. Upon Licensee request, these transfers can be automated to take place on a regular schedule. SCPDC will not be held liable ift technical issues disrupt the automatic scheduling ofa data transfer. SCPDC will take all reasonable care to safeguard and protect the Licensee's data. Licensee expressly agrees to maintain on its site and under its care a current copy of Licensee's  permitting data. Accepted:  CITY OF ENTERPRISE, ALABAMA  Date:  By: William E. Cooper, Mayor  SOUTH CENTRAL PLANNING AND DEVELOPMENT COMMISSION  Date:  By: Kevin Belanger, Chief Executive Officer  Page 17of17    Memorandum ofUnderstanding Enterprise Police Department  and  Wiregrass Angel House  This Memorandum ofUnderstanding (MOU) sets the terms and understanding between the Enterprise Police Department and the Wiregrass Angel House to continue their mutual partnership to assist those underserved victims ofrobbery and families ofthose left behind by  homicide. Background  Wiregrass Angel House was established in 2004 in Dothan, Alabama, to assist victims ofviolent crime and homicide in the Wiregrass area (Barbour Bullock, Coffee, Dale, Geneva, Houston, and Henry counties) through services such as crime scene clean-up, death notification, funeral arrangements, crisis counseling, on-going counseling, and group therapy. All services are free of charge to our victims. Since then, our agency has enjoyed as successful relationship with other non-profits, law enforcement agencies, and district attorney's offices in the area.  Purpose  This agreement aims to partner with local district attorney's offices and law enforcement to ensure services such as crime scene clean up, crisis intervention, group counseling, courtroom advocacy, and a 24-hour helpline are provided to the underserved in their counties. The above goals will be accomplished by undertaking the following activities: The Enterprise Police Department will contact Wiregrass Angel House when they encounter victims of robbery and families of those who have been murdered. They will utilize our serviçes  to assist victims and their families.  Funding  All services will be provided through funding through the Alabama Department of Economic  and Community Affairs. Duration  This MOUis effective Oaober1,20.+Sepumber 30, 2025.  Contact Information Partner name Partner representative Mike Moore Position Address Telephone Fax E-mail  Enterprise Polic Department ChiefofPolice (334)347-1142 (334)347-0163  P.O. Box 311000, Enterprise, Al. 36330    Partner name Position Address Telephone Fax E-mail  Wiregrass Angel House Director (334)702-7010 (334)702-7014  Partner representative Shelly Linderman  105North Bell Street, Dothan, Alabama 36303 Wiregrassange.nouse.gymail.com  Date: May 15,2024  (Partner signature)  Date: May 15,2024  (Wiregrass Angel House signature)    Council Agenda Item Wed 5/29/2024 12:19PM omotteenteprisealgol,  Barry Mott omotteenteprisealgo, T:Beverly Sweeney bpvtensyeemtepregon  Cc:LeeAnn Swartz <warzOenterprisealgova,)onathan Tullos ueptapnayet  Beverly,  Please add the following to the Council agenda:  Request from City Engineer/Public Works Director, Barry Mott, is seeking City Council approval to purchase 1.61 acres of land adjacent to the Enterprise Municipal Airport (Parcel 26) from Mr. Strickland in the amount not to exceed $24,000 related to the airport runway extension project. Property purchase and closings are subject to City Attorney review. Aportion of the property costs are eligible for grant reimbursement.    Fire Chief Christopher Davs<cdavs@enterpriserd.com>  Please add the following requests to the. June 4, 2024 Council Meeting agenda:  Request permission to purchase the following FY24-approved items from CPATDistribution, Inc. This should conclude all major purchases for the CPAT program started in FY23.  2-Aluminum Ext. ladders $3,197.99 1-Endurance Climbmill $8,050.00 1-Forcible Entry Machine $8,060.00 1-Portable Stand $2,310.00 Total Cost with shipping $21,617.99  Request to purchase 5.5 mm Hidden joint supratile floor tiles from armorpoxy ata cost of 4.44 per square foot. This is an Fy24 approved expense to upgrade Eastside Fire Station interior floor. Request permission to install replacement carpet at Central Fire Station Admin area. This isa FY24 approved improvement project. Labor and Materials provided by Enterprise Wholesale for  Installation will be done in house. Cost with Shipping $10,000.00  at total cost of $7,804.55  Christopher Davis, Fire Chief Enterprise Fire Department Office: (334)348-2640 Cell: (334)406-0245    421 East Lee Street PO. Box 311000 Enterprise. AL: 36331-1000  Phone: (334)348-2684 Emails epraieentergriseal.çow Fax: (334)347-1120  City nf Enterprise PARKS AND RECREATION DEPARTMENT  Billy Powell, Director  MEMO  TO: FROM: DATE:  City Council and Mayor Cpoper Billy Powell, Director 3B June 4, 2024  SUBJECT:  Bleachers for Gymnasiums and Swimming Pool Area at  New Recreation = Aquatics Facility  lam requesting permission to purchase twenty (20) tip and roll bleachers to be used in the new Recreation Center gymnasiums and four (4) standard bleaches for the Aquatics Area. Thisis  FY24 budgeted item and is to be purchased from Outdoor Aluminum. (20), 3-Row Tip & Roll Bleachers @ $1,275.00 each = (4), 4-Row Standard Bleachers @ $1,529.00 each =  $25,500.00 $6,116.00 $31,616.00  Total:  Thank you for your consideration and approval of this request.    Outdoor Aluminum P.O. BOX 118; GENEVA, AL 36340  1-800-225-4249 PHONE  1-334-684-2231 FAX  DATE: 5/29/24  COMPANY:CITY OF ENTERPRISE, PARKSARECREATION ATTN. BILLY POWELLMELISSA ELLISOR  FROM: EDDIE SPEARS  NUMBER OF PAGESI IN THIS TRANSMISSION,INCLUDING COVER PAGE:2  PLEASE CONTACT SENDER IF THERE ARE QUESTIONS. MESSAGE: PRICING PER YOUR REQUESTFOR  (20) EACH LDLWTR 3-15. ALL. ALUMINUM TIP AND ROLL LOW RISE NON- ELEVATED WELDED ANGLE FRAME BLEACHERS, 3 ROWS HIGH X 15'-0" MILL FINISH ALUMINUM FRAMES FIRST SEAT: 10.1/2" ABOVE GRADE; 6" RISE/24" TREAD DEPTH 2X12 ANODIZED ALUMINUM SEATPLANK SINGLE 2X10 MILL FINISH FOOTBOARDS ON ALLI ROWS S"NON-MARRING CASTERS RUBBER PAD UNDER ALL FRAMES NO GUARDRAIL, NO RISER, NO AISLE  LONG  THERE ARE NO PROVISIONS FOR HANDICAP ACCESSIBILITY MATERIALS ONLY: $1,275.00 EACHX x 20 = $25,500.00  (4) EACHLDLW 4-15. ALL ALUMINUM LOW RISE NON-ELEVATED WELDED ANGLE FRAME BLEACHERS, 4 ROWS HIGH X 15'-0"LONG MILL FINISH ALUMINUM FRAMES FIRST SEAT 10.1/2" ABOVE GRADE; 6" RISE/24" TREAD DEPTH 2X12 ANODIZED ALUMINUM SEATPLANK SINGLE 2X10 MILL FINISH FOOTBOARDS ON ALLI ROWS NO GUARDRAIL, NO RISER, NO AISLE THERE. ARE NO PROVISIONS FOR HANDICAP ACCESSIBILITY MATERIALS ONLY: $1,529.00 EACHX4-56.116.00 ADD FOR SHIPPING: CUSTOMER PICK-UP  TOTAL: $31,616.00  VISIT OUR WEBSITE @ www.outdooraluminum.com for drawings.    Pricing valid for 21 days and does not include any provision for taxes, permits, bonds, installation, anchorage, local code compliance, ADA, SIGNED AND SEALED DRAWINGS or any other extraneous fees. Bleachers designed in accordance with IBC 2021 EDITION, any additional local or state requirements may result in additional costs, **OUTDOOR ALUMINUM BLEACHERS HAVE BEEN DESIGNED TOREST ON FIRM, FLAT AND LEVEL: SURFACENOPROVBIONS HAVE BEEN INCLUDED FOR ANCHORAGE TOPREVENT WIND OVERTURNING; THIS  all to be borne by the Owner  WILL BE THE RESPONSIBILITY OF THE OWNER.    421 East Lee Street PO. Box 311000 Enterprise, AL: 36331-1000  Phone: (334)348-2684 Fax: (334)347-1120 Email: eprieenterpiseaigov.  City nf Enterprise PARKS AND RECREATION DEPARTMENT  Billy Powell, Dircctor  MEMO  TO: FROM: DATE:  City Council and Mayor Cooper Billy Powell, Director June 4, 2024  3  SUBJECT:  Portable Platform Stage Set for events at New Recreation-Aquatics Facility  lam requesting permission to purchase portable platform stage set to be used in the new Recreation-Aquatics Facility. This is an FY24 budgeted item and is to be purchased from  Worthington Direct.  Platform Stage Set, 20'x16', includes: Carpet, Rails, Steps, Skirting =  $12,786.95 1,154.00 $13,940.95  Shipping= Total:  Thank you for your consideration and approval of this request.    Council Agenda Item Wed 5/29/2024 12:05PM tharygentepnsealgoe Beverly,  Barry Mott bmotteenteprisealgov, To:Beverly Sweeney onensyPemtepisalgon  Cc:LeeAnn Swartz <5warzgenterprisealgovp>)onathan Tullos jtulos@enterprisea.govP,Thomas Hardy  Please add the following to the Council agenda:  Request from City Engineer/Public Works Director, Barry Mott, is seeking City Council permission to solicit proposals from demolition contractors on an on-call basis for up to a three-year period to be used  for future demolition projects within the City of Enterprise.    City of Enterprise  Department of Engineering Services & Public Works  501SMain Street Enterprise, Alabama 36330 Phone (334)348-2671 Fax (334)348-2672  OFPRO  MEMORANDUM  TO: FROM: DATE: RE:  Enterprise City Council  Thomas Hardy, Assistant Director of Engineering aCRH  5/29/2024 Street Light Request  This letter is a request for approval of new street lights in Chapple Hill Subdivision,  Phase I, as follows:  Install nine (9) 49W DEC fixtures and poles. Install one (1) 101W Area fixture and pole.  The monthly billing rate is estimated at $78.96, for an annual cost of  $947.52.    ALABAMA, ABOUTMERN COOAPANY County Coffee AIT4334-348-2650  Lighting Services NESCO Lease Agreement Governmental-S)  POWER  Customer Legal Name CITY OF ENTERPRISE Service Address OSTREET LIGHTS ENTERPRISE, AL. 36330 Mailing Address_ POBOX311000 ENTERPRISE, AL. 36331  D8A CHAPPIE HILL S/DPHI  Email Taxl ID. Customer?  Tel#334-347-1211  Business Description Other General Government Support  Existing Yes D NoD #FYes (and f possible), does Customer want Yes NoD  Account. 00247-75040  Equipment added to ane existing account?  Existing  Forinformational; purposes only Estimated Charge (S)" Charge (S)"  Equlpment  Estimated Monthly  OHI M Equipment UG UM Amount ($) Regulated  Qty Wattage Type 11) 9 49 Dec (2) 1 101 Area  Description  4,001- 5,500L Lumens Type IIIE Black UG UM 14,000- 19,000 Lumens- Typel IIIC Gray OH UM  (3) (4) (5) (6) a (8) (9) (10)  Monthly Total" $66.90  $12.06  $78.96  Project Notes: Install fixtures asl listed above and associated equpment.  Deveioper top pay upfronta amounto ofs $31,747.62.  Initial Term 36  months  Prepaid Amount  $0  The Regulated Charge is subject! to change ata any timo es dictated by the Alabama Public Service Commission. The amount showni is ane estimate based ont the Unmetered Outdoor Lighting (ODL) rate in effect at! time ofA Agreement, proposal, actual charges may very.  Customer agrees tol lease the Equlpment referenced: above from Alabama Power Company ont the attached terms ando conditlons and: authorizes all  actions noted above. Customer. Authorized Signature Sign Here Print Name Print Title  Date  Alabama Power Company Sign Here Print Name Print Tile  Date  APC Internal Use Only- APC Reference Number (if applicable):  Rev.  NESC  Page1 1of2    TERMS and CONDITIONS (NESC Governmental-s)  1. Lightina Eaulement! Lonse. This Lease Agreemen! ("Agroement"): states thes agreed! terms and conditions upony which Alabama Power Company ("APC") wil: (lease to" Customer" (Identified on Page 1)the' "Equlpment" referenced on Page fort use atu thes stated" "Service Address" (the' "Promlses"): and (s), provide electric service too operate the Equipment. The "Equlpment" includes all poles, bases, wiring. conduit, fixtures, controls, andr relatedi items necessery to provide lghting service through the Estedf fixtures, untess expressly noled otherwisei in" "Prolect Notes" Customer acknowledges that regulatory change duringthe Intenta and Title. This Agreement Is nota asalec oft the Equlpment to Customer. Customer exproesly acknowiedges that APC retains title tot the Equipment and agreest that this Agreement only glves Customer ther rightt to uset the Equipment duringt the Agreemen! term, so! long as Customer complies with all lerms and conditions. Customer ackrowledgest that the Equipment, although attached toreal property, always willr remain thee exclusive personal property ofA APCandt that APC may remove the Equipment when this Agreoment ends. Customer authorizos APC, without further consent or sction, tof fle any UCCf financng statement or security agreement relatingt to the Equipment and agrees that APC may record those documents. APCmakes nor representation or warranty rogarding traatment oft this transaction! by the! Intornal Revenue Sorvice ar the status oft this Agreement under any federal or state tax law; Customer entors Into this Agreement Ins sole Term. Thei initial Agreement term is stated on Page1 1, calculated from the date dfu the! first monthlybi. Afert the inital term, this Agreement automaticaly renews ona month-to-month basis untill tarminated bye either party byp providing written nolice of intent to! teminale to the other party at least 300 days before the desired lermination data. APC'sa address! forn notice is P.O. Box 2641, Birmingham, Alabama 35203; Customer's maing address isr noted on Page 1. Payment. APC will invoice Customer per thet terms stated on Paga 1, subjsct to any change in the electric servics charge dictated byt the Alabamal Public Servce Commission. Customer agroes to pay the amount bitled byt the due date (20 days after biling date). Applicablo taxesi includedin the Equipment price ares subjectto change at any time. lfab balancet is outstanding past! the due date, Customer agrees to payt thes greater of1 1.5% oftheu unpaidt baranco or $2.00 and acknowledges that APCmay require Customer top paya depositof upt to lwot times the Estimated! Monthly Chargei in order to continue service. Ifappiiceble, Customer must provide a copy Promlses Activity. Customer grants al Boense and right ofa access to APC, andi its contractors and representatives, to enter the Promises with vohicles ande equipment to: ()install and connect the Equipment and, #applicable, remove arc disconnect existing equipment (collectively, the' "Installation"); (4) inspoct, maintain, test, replace, repair, or remove the Equlpment; (i)p provide electric servicef fort the Equipment: or (M)conduct any other Agreemenl-relaled: activity(tems- (M)collectively, the "APC Activity"). Customer will noto cause arp permit any obstruction thatr may interfore with APC's access tou the Equipment. Customer represents that thei individual signingt this Agreemant on ist behalf has authority to dos soa andt thatithas express authority from allF Premises owners (and any other party with rights int the Premises)to enter! Intot this Agreement andt to authorize the APC Activity. Customer iss solely responsible for safety oft the Premises and agroes that APCI has no obligation to ensure the safety oft tho Premises orp persons or proporty entering onto Customer's Premises. Inatalatlen- Customer represents that: @the Premises' fnal grade wil vary nor moret than 6inchast from tha grade existing att the time ofl Installation; and (i) applicable and required forp proper Installation, Premises property lines willl be clearlyr merked before! Instalation. A. Customer Work. IfA APC, upon Customer's request, allows Customer top perform any part of the Installation (nchdingt trenching) itself ort through a third party, Customer warrants thatt they work wil meet APC'si installations specifications (which APC will provide to Customer and are incorporated byt this reference). Customeri is responsiblet fore ellr reasonable additional costs srisingt from Customer's non-compiance with APC's specifications or lack of6 timely (i.e., Underground FaeilivOhatruction! Not Subloct to DigLaw. Because APC Activity may require excavation nots subject! to the Alabama's Underground Prevention Legislation (Ala Code $6 37-15-1-37-15-11)" Dig Law), Customer must mark any private utlilty or faclity (o.g- gas/ waterisewer line; Irigationf facility; low voitage dataleammunte.ation! lno) or other underground obstruction at tho Premlses thatls nots subject to the Dig Law. IFAPC CGUSOS orl incurs damage due lo Customer's failure ton mark aprivate facllity or obstruction before APC commences Installation, Customer is responsible for Unforoseen Condition. The estimated charges shown on Page include noa allowance for any subsurface rock, wetland, underground stream, buried waste, unsuilable soil, underground obstruction, archeclogical artifact, burial ground, threatened ore endangered: species. hazardous substance, etc. not properly marked or Identifed ("Unforeseen Condillon"). APCE encounters an Unforeseen Condition, APC, initss sole discretion, may stop all APCActivity until Customer elther remedies thec conditian ar agrees toreimburset BlA APC costs arising from the condition. Customeris responsible! for allcosts of Equipment modification ord change requested by Customer or dictated byan Unforeseen Condition or ciroumstance outside APC's control. Equlpment Protection and Damago. After installation andt throughout this Agreement's term, int the event ofa any work or digging neart the Equipment, Customer (or any parson or entity working on Cusiomersbehat): must: @)p provide notices and locate requests by caling Alabama 811 or 1-800-292-8525; and (), provider notices toothar utilities ord operators asn required byt the Dig! Law. Ast between Customer andA APC, Customer is responsible for allo damages arising from fallure to comply with Verification of Equipment Inatalled. Each party will appoint representative(s) (the Representaive)to verify the complstion of the tnstallation by counting the upgradode equipment (the' "Equipment Count"). In the evant that the Equipment Count is not completed within thirty (30) days of completion, biling will be updated based on APC's installation completion count untl such lime as verification can be completed. Any discrepancles will be mulually resolved and billing wil be Malntenance. Duringt this Agreement's term, APC will maintain the Equipment andy will beart the cost ofn routine repair orr replacement. Customer must notily APCof 10. Disclaimer: Damagas. APCI makes no covanant, warranty, or representatton afa any kind (Including warranty off fitness fors a particular purpose oraf merchantabillty): regarding the Equipment or any APC Activity. Customer also acknowledges that, dueto the unique characteristics of! thef Premises, Customer's needs, or Equipmento cholce, the Equipment may noif follow IESNA guidelines. Customer waives any right to consequential, spacial, Indiroct, treble, exemplary, Incldental, punitive, loss oft business reputation, or! loss of use (Including loss of rovenue, profits, or capital costs) damages in connection with the Equipment or this Agreement, or arlsing from damage, hindrance, or delay! Involving the Equipment ort this Agreement, whothar or not reasonable, 11. Indemnity. Tothet fullest extent allowed byl law, Customer agrees toi indemnify, release, hold hamless, and, at APC's request, defend APC andi ils affiliates and contractors (andt their officers, directors, employees, representatves, and agants)t from or against any! loss, damage, cosl, expense, or liablity (including actual attomeys' fees reasonablyi incured and alle expenses ofinvestigation and defense) for anyo damage or claim forp personal or bodilyi injury (including death), property damage (including loss ofu use), monetary damage, or equitable rellef caused byo or arising outof sny misrepresentation ora acto oro omission of Customer involving this Agreement, the Equipment, orl the Premises, whether orr noto caused byo or arising outo of thej joint, concurrent, or contributory (but not sole) negligence afAPC. 12. Dafaul. Customeri isi in default "Cuslomer does not payt thee entire amount owed within 45 days afbiling. APC'swaiver of any past defaulty will not waive any other dofaul. lfdefsult occurs, APC, ath its discretion, may immediately terinate this Agroement, collect al past due amounts (Including! late fees) and alla amounts due for theE Equipment duringt ther remaining Agreement term, remove the Equipment fromt theF Premises, ands seek any other avallable remedy. 13. Miscellanoous. This Agrsemento contalns the parties' entire agreement relating tot thel Equipment and replaces any prior agreement, written ord oral. Onyay written amendment signed bye each party can modifyt this Agreement, except that either party may update administrative ar contact information (e.g-, address, phone, website) at any time by written noticet tot the other party. Customer will not assign, inw whole ori in part, this Agreement ori its Agroement rights ord obligations without APC's prior written consent. No assignment, whether with or without consent, rollsves Customer ofits Agreement obligations. Customer must provide advanced notice ofac changol incontrol ofa, or substantially all, of Customer's ownership crinteres! in thef Premises. Inthis Agreement, "Including" means' "including. butr not Nmitedt to." Alabama law govems this Agroement. lfac court rules an Agreement provision unenforceable to anye extent, ther rest ofthat provision and all other  Agreement lom may require APCtomodify orr replace some Equipment.  rellance upon Gustomer's owna advisors.  ofits Alabamas sales tax exemption certificate.  100 days')notice to APCt thatA APC'sl Installation ectivity can commence.  all damages ande any resultingo delay.  applicable law or for Equipment damage caused by anyone ather than APC (or an APC contractor arrepresentative).  adjusted accordingly.  any need for Equipment repairk by callngt the Buslnoss Service Center at1 1-888-430-5787.  foresooable, contemplated, oraveldable.  provislons remalne effective.  Rov. 05112017  Pago2of2    E-911 BOARD MEETING MINUTESOFI MAY7,2024  The City of Enterprise Emergency Communications Board convened at 6:50 p.m., Tuesday, May 7,2024, at thel Enterprise Civic Center, following the business conclusion during the City Council Meeting.  PRESENT:  Board Member Turner Townsend, Presiding Board Member Sonya W. Rich Board Member Eugene Goolsby Board! Member Greg Padgett Board Member Scotty Johnson Mayor William E. Cooper City Administrator Jonathan Tullos City Attorney Ashley Marshall Police ChiefMichael Moore E-911 Coordinator Tangi Hill CFO/Treasurer LeeAnn Swartz  ALSOI PRESENT:  City Clerk Beverly Sweeney was present and keptt the minutes.  ROLL CALL-I Presiding Board Member Townsend noted that alll Board Members were present. Following review, Presiding Board Member Townsend called for a motion to approve the April2, 2024 Board Meeting minutes as submitted. Board Member Johnson moved to approve the minutes as written. Board Member Padgett seconded the motion. The vote being: Rich-A Aye; Goolsby- Aye; Padgett- Aye; Johnson Aye; Townsend - Aye. Presiding Board Member Townsend declared the motion carried.  REVIEW OF MINUTES-A April2.2024  OLD BUSINESS None NEWI BUSINESS  ACCOINEFAYABEA-ARL 2024  Presiding Board Member Townsend called for a motion to approve Accounts Payable (A) for April 2024 in the amount of$6,444.93. Board Member Padgett moved to approve Accounts Payable (A) for April 2024. Board Member Johnson seconded the motion. The vote being: Rich-Aye; Goolsby- Aye; Padgett Aye; Johnson Aye; Townsend Aye. Presiding Board Member Townsend declared the Presiding Board Member Townsend called for a motion to accept $114,805.00 in Alabama 9-1-1 Board grant funds and further authorize the E-911 Coordinator to execute the grant agreement as submitted. Board Member Rich moved to accept the Alabama 9-1-1 Board grant funds and further authorize the E- 911 Coordinator to execute the grant agreement as submitted. Board Member Goolsby seconded the motion. The vote being: Rich- Aye; Goolsby- Aye; Padgett- Aye; Johnson Aye; Townsend- Aye. There being no further business before the Board, Presiding Board Member Townsend declared the  motion carried.  ACCEPTANCEOF GRANT FUNDS - Alabama 9-1-1E Board  Presiding Board Member Townsend declared the motion carried.  ADJOURNMENT meeting adjourned at 6:55 p.m. Board Member Turner Townsend  Beverly Sweeney City Clerk  Presiding    ACCOUNTS PAYABLE MAY: 2024-A  WATER WORKS BOARD TOTAL  $168,361.66  CITY OF ENTERPRISE  ADMINISTRATIVE DEPT CAPITAL ADMINISTRATIVE DEPARTMENT AIRPORT CAPITAL PROJECTS CIVIC CENTER CIVIL DEFENSE CULTURE & RECREATION DISPOSAL PLANT TOURISM E-911  $0.00 $35,824.59 $0.00 $59,827.55 $160.68 $0.00 $81,036.77 $6,133.40 $4,167.20 $55,782.76 $0.00 $5,278.78 $14,180.51 $61,719.22 $3,915.05 $18,525.60 $0.00 $14,048.06 $37,862.71 $0.00 $2,249.15 $1,111.40 $61,141.23 $0.00 $54,584.19 $50,632.94 $2,648.89 $174,102.04 $31,066.01 $79,559.12 $855,557.85  ENGINEERING DEPARTMENT ENG DEPT CAPITAL PROJ ENTERPRISE LIBRARY ENTERPRISE MUNICIPAL. AIRPORT ENTERPRISE MUNICIPAL AIRPORT FUEL FARMER'S MARKET FIRE DEPARTMENT FIRE CAPITAL PROJECT FLEET MAINTENANCE GASOLINE HEALTH & WELFARE INCUBATOR MUNICIPAL COURT PARKS & RECREATION PARKS & RECREATION CAPITAL PROJ POLICE DEPARTMENT SANITATION DEPARTMENT SENIOR CITIZENS SEWER DEPARTMENT STREET DEPARTMENT STREET CAPITAL PROJECTS ACTION OF THE MAYOR APROVAL EXCEPTIONS DATE  TOTAL    05/13/2024 08:07 dslater ORG VENDOR NAME ADMINISTRATIVE ALABAMA POWER COMPANY CS SPIRE CONSOLIDATED WATER GROUP LLC FEDEX QUADIENT FINANCE USA UNITED PARCEL SERVICE  CITY OF ENTERPRISE WARRANT PUBLICATION LIST  WARRANT RANGE: 0520Gf1 TO 0520Gi1 DATES: 10/01/23 TO 09/30/24  AMOUNT 78.24 2,632.80 87.25 93.58 529.89 10.96 3,432.72 11.74 416.09 10.97 438.80 824.22 10.96 835.18 10.97 10.97 10.96 10.96 114.93 16.30 1,659.60 695.98 10.97 2,497.78 145.95 145.95 377.85 175.94 7.95 10.97  AIRPORT  CINTAS CORPORATION COVINGTON ELECTRIC COOPERATIVE UNITED PARCEL SERVICE  CIVIC CENTER  ALABAMA POWER COMPANY UNITED PARCEL SERVICE  DISPOSAL DEPT UNITED PARCEL SERVICE  E-911  UNITED PARCEL SERVICE  ENGINEERING  ALABAMA POWER COMPANY CINTAS CORPORATION COVINGTON ELECTRIC COOPERATIVE QUADIENT FINANCE USA UNITED PARCEL SERVICE FARMER'S MARKET CS SPIRE FIRE CSPIRE  CHARTER COMMUNICATIONS QUADIENT FINANCE USA UNITED PARCEL SERVICE    05/13/2024 08:07 dslater ORG VENDOR NAME E-911 BRIGHTSPEED  CITY OF ENTERPRISE WARRANT PUBLICATION LIST  WARRANT RANGE: 052024E1 TO 052024E1 DATES: 10/01/23 TO 09/30/24  AMOUNT 112.57 112.57 112.57  TOTAL  ** END OF REPORT Generated by Demetris Slater **    05/21/2024 09:35 dslater ORG VENDOR NAME E-911  CITY OF ENTERPRISE WARRANT PUBLICATION LIST  WARRANT RANGE: 052024E2 TO 052024E2 DATES: 10/01/23 TO 09/30/24  AMOUNT 195.00 195.00 195.00  CANON SOLUTIONS AMERICA  TOTAL  ** END OF REPORT Generated by Demetris Slater **    05/24/2024 16:09 dslater ORG  CITY OF ENTERPRISE WARRANT PUBLICATION LIST  WARRANT RANGE: 0520Gi3 TO 0520G13 DATES: 10/01/23 TO 09/30/24  VENDOR NAME ADMINISTRATIVE CANON SOLUTIONS AMERICA SOUTHEAST ALABAMA GAS DISTRICT VERIZON WIRELESS  AMOUNT 68.56 26.00 914.58 1,009.14 11.74 1,750.83 1,762.57 1,056.07 125.99 130.82 134.13 1,447.01 42.20 42.20 322.44 2,044.34 42.21 387.20 2,796.19 17.28 17.28 374.79 112.08 785.80 1,272.67 85.95 20.80 106.75  AIRPORT  CINTAS CORPORATION  COVINGTON ELECTRIC COOPERATIVE  CIVIC CENTER SPIRE  CANON SOLUTIONS AMERICA SOUTHEAST ALABAMA GAS DISTRICT VERIZON WIRELESS  E-911  VERIZON WIRELESS ENGINEERING  CANON SOLUTIONS AMERICA COVINGTON ELECTRIC COOPERATIVE PEA RIVER ELECT COOP VERIZON WIRELESS FARMER'S MARKET  SOUTHEAST ALABAMA GAS DISTRICT  FIRE  COVINGTON ELECTRIC COOPERATIVE SOUTHEAST ALABAMA GAS DISTRICT  VERIZON WIRELESS  INCUBATOR C SPIRE  SOUTHEAST ALABAMA GAS DISTRICT    blewis 05/31/2024 11:01  CITY OF ENTERPRISE WARRANT PUBLICATION LIST  WARRANT RANGE: 060524E TO 060524E  DATES: 10/01/23 TO  ORG VENDOR NAME E-911 CGI SYSTEMS CITY OF ENTERPRISE HUDSON OFFICE SUPPLY COMPANY MOORE PROPERTIES, LLC SOLACOM  09/30/24  AMOUNT 700.00 132.53 173.94 1,500.00 1,300.00 3,806.47  TOTAL  ** END OF REPORT - Generated 3,806.47  by Bobbi Jo Lewis **    Please add to the E911 Agenda Barry Mott <bmott@enterpriseal.gov)> Thu 5/30/2024 10:36AM To:Beverly Sweeney bowteneyPemtephaagon tnughesemteprisealgon Beverly,  Cc:LeeAnn Swartz <swarzoenterprisealgovejonatnan Tullos uocemepisagon Hughes  Please add the following to the E911 agenda.  Request to transfer funds in an amount not to exceed $300,000 from E911 to the City of Enterprise to cover expenses related to change orders directly required for the E911 dispatch center in the new City  Hall renovation project.