ORDINANCE 2015-05
AN ORDINANCE GRANTING A WATER FRANCHISE
TO THE WATER WORKS BOARD OF THE CITY OF BIRMINGHAM
BE IT ORDAINED by the Mayor and the City Council of the City of Irondale, Alabama as follows:
Section 1. That the words "the City" as used herein mean the City of Irondale, a municipal corporation, as it is now constituted and as it may hereafter be extended or enlarged. The words “the Board” as used herein shall collectively mean The Water Works Board of the City of Birmingham, an Alabama public corporation.
Section 2. That pursuant to Article XII, Section 228, Constitution of Alabama, 1901, there is hereby granted to the Board for a period of thirty (30) years, the right, privilege, authority, consent and franchise to acquire, own, maintain, construct, enlarge or any of them, together with the right, privilege, authority, consent, and franchise to lay, construct and maintain pipes, mains and other conductors, fixtures and related appurtenances in, along, across and under the streets, for the purpose of conveying and distributing water in and through the City, and to repair, renew and relay and extend such pipes, mains, conductors, fixtures and related appurtenances, and to make all excavations necessary therefor.
Section 3. That the Board shall, and by accepting this franchise agrees that it will, upon making any excavation of the streets, avenues, alleys, public ways, and other public places of the City, restore the surface or paving at the point of such excavation in substantially the same condition as before such work was done, all as promptly as may be practical and within a reasonable length of time thereafter.
Section 4. That the right, privilege, authority, consent, and franchise hereby granted may be exercised by the Board or any successors or assigns of the Board, and may be assigned, mortgaged or conveyed in trust by the Board as security for any bonds or other obligations thereafter issued by it, all subject nevertheless to the conditions and obligations herein contained.
Section 5.That no privilege or license tax shall be levied upon the privilege of engaging or carrying on the business of the Board within the City that exceeds that now permitted by Alabama Code Section 11-51-129 (1975), or any act amendatory thereof or supplementary thereto. Such privilege or license tax shall be in lieu of all other taxes of every kind and character that are now or may hereafter be imposed by the City on the Board or its property including, without limiting the generality of the foregoing, ad valorem, excise, franchise, business, permit and other privilege or license taxes.
Section 6. That when this Ordinance shall have been accepted by the Board, it shall constitute a contract between the City and the Board.
Section 7. That the Mayor is hereby authorized and directed to undertake whatever actions may be reasonably necessary in executing whatever documentationthat shall be required in order to finalize the Franchise Agreement with the Board; and
Section 8. That the requisite number of “original” copies of this Ordinance shall be forwarded to the appropriate Officials of the Board; shall be recorded and maintained in the Irondale City Clerk’s office; and shall be referenced in the Minutes, along with this Ordinance.
Section 9.This Ordinance shall become effective after its publication and posting as required by law.
Section 10.The Effective Period of the Franchise Agreement hereby approved shall be Thirty (30) years, commencing the date this Ordinance is duly adopted.
Section 11.Iffor any reasonany clause, sentence, section, or portion of this Ordinance shall be held invalid, the remainder of said Ordinance shall not, in any way, be affected by any such Invalidation.
APPROVAL OF FRANCHISE AGREEMENT
REF: THE WATERWORKS BOARD OF CITY OF BIRMINGHAM
ORDINANCE NUMBER
PAGE 2 OF 2
ADOPTED and APPROVED on this ______day of ______2015.
______
BOBBY JOE WILSON, PRESIDENT
IRONDALECITY COUNCIL
TRANSMITTED and APPROVED:______
TOMMY JOE ALEXANDER, MAYOR
ATTEST:
______
JAMES D. STEWARTCITY CLERK
CERTIFICATE OF THE CITY CLERK
I hereby certify that the above and foregoing Ordinance No. is a true and correct representation of the action undertaken by the Irondale City Council on the ______Day of ______2015, at which time the Council adopted and approved Ordinance .
Moreover, I hereby further certify that on the ______, ______, ______, ______, and ______of ______2015, Ordinance was posted at the Irondale City Hall, the IrondaleLibrary, and the IrondalePost Office.
Done and Certified on this ______Day of ______2015.
CITY CLERK:
______
JAMES D. STEWART