10-18 Legals

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NOTICE OF EXECUTION SALE

By virtue of a writ of execution dated the 10th day of July, 2013 directed and delivered to me as Sheriff of the County of Lee and issued out of the Circuit Court of Shelby County, Alabama on a judgment rendered in such Court on Case Number CV11-900979 on May 3, 2013 in favor of RENASANT BANK against ROGER MASSEY for the sum of $309,146.02, I have heretofore on September 20, 2013, levied on all the right, title and interest of ROGER MASSEY only in and to the following described real property situated in Lee County, Alabama, to-wit:

Physical Address: 519 Heritage Court, Auburn, Al 36830. Lot 26, according to the Survey of Heritage Woods First Addition, as recorded in Map Book 10, page 115, in the Probate Office of Lee County, Alabama.

Public notice is hereby given that I, the undersigned, as Sheriff of Lee County, Alabama, will on the 11th of November, 2013 at 12:00 noon sell at public auction to the highest bidder, for cash, in front of the Lee County Courthouse located at 215 South 9th Street, Opelika, Alabama, all the right, title and interest of ROGER MASSEY in and to the above described real property, to satisfy such execution, together with interest and costs thereon.

Dated this, the 20th of September, 2013.

SHERIFF OF LEE COUNTY, ALABAMA

BY: /s/ Jay M. Jones

Sheriff

Legal run on 10/4/13,

10/11/13, & 10/18/13

 

 

Notice of Abandoned Mobile Home Sale

Notice is hereby given to Owner, Earnestine Cooper of 221 Veterans Pkwy Lot 59, Opelika, AL 36801 on the following mobile home:

1989 Forest Dale, Cream/Brown mobile home (Vin#DRT026726) located at 1518 Lee Road 270, Lot 4, Cusseta, AL 36852.

Public Sale will be held at 1518 Lee Road 270, Lot 4, Cusseta, AL 36852.

Public Sale Date: Monday, October 21, 2013. Sale time: 10:00 a.m. No sealed bids will be accepted.

Contact for information Naomi Wadkins at (334)703-6465.

Legal run on 10/11/13 & 10/18/13

 

NOTICE OF APPOINTMENT

ESTATE OF BETTY H. PATTERSON, DECEASED

COURT OF PROBATE

Letters Testamentary of said deceased having been granted to the undersigned on the 25th day of September, 2013, by the Hon. Bill English, Judge of the Probate Court of Lee County, notice is hereby given that all persons having claims against said estate are hereby required to present the same within time allowed by law or the same will be barred.

Witness our hands, and dated this the 25th day of September, 2013

Haskel J. Patterson

Troy Belton Patterson, III

Legal run on 10/4/13, 10/11/13 & 10/18/13

 

STATE OF ALABAMA

COUNTY OF LEE

MORTGAGE FORECLOSURE NOTICE

DEFAULT having been made in the payment of the indebtedness secured by that certain mortgage bearing date of February 7, 2005 executed by John W. Rice, a married man, to BancorpSouth Bank, which said mortgage is recorded in the Probate Office of Lee County, Alabama in Mortgage Book 3179, at Page 927, with accompanying Assignment of Rents and Leases of same dated of record in Deed Book 2268, at Page 671, the same being assigned to East Alabama Investments, LLC, an Alabama Limited Liability Company by Loan Sale Agreement dated August 12, 2011 of record in Mortgage Book 4014, at Page 136, in the Office of the Judge of Probate of Lee County, Alabama, and said default continuing and the unpaid amount of said mortgage indebtedness now being due, East Alabama Investments, LLC, under and by virtue of the power of sale contained in said mortgage, will sell at public outcry, in front of the courthouse door of the Lee County Courthouse at 215 South 9th Street in the City of Opelika, Lee County, Alabama, during the legal hours of sale at 12:00 o’clock noon, CDT on Wednesday, November 6, 2013, the property described in said mortgage and which is herewith described as follows:

Lot 19, FIVE POINTS SUBDIVISION, according to and as shown by that certain map or plat thereof of record in Town Plat Book 3, at Page 67, in the Office of the Judge of Probate of Lee County, Alabama.

Said sale to be made for the purpose of paying the indebtedness secured by the above-described mortgage, and the proceeds thereof will be applied as provided by the terms of said mortgage.

Melton, Gunter & Melton

By: Crawford S. Melton

ATTORNEY FOR EAST ALABAMA INVESTMENTS, LLC

Crawford S. Melton

P.O. Box 409

Opelika, AL 36803-0409

(334) 745-6244 ext. 2

Legal run on 10/11/13, 10/18/13 & 10/25/13

 

IN THE MATTER OF THE ESTATE OF LEE ANN FLORENCE, DECEASED

IN THE PROBATE COURT OF LEE COUNTY, ALABAMA

NOTICE OF DAY SET FOR HEARING

TO: Mae Davis, Elizabeth Harper, Ikcus Matthew, Bobby N. Reed, Jimmy Table, Travis Table, Annie Whatley, and ALL UNKNOWN HEIRS OF LEE ANN FLORENCE, DECEASED

The 14th day of November, 2013 at 10:00 p.m. central time is appointed the day for hearing thereof at which time you can appear and contest the same, if you see proper.

Given under my hand, the 1st  day of October, 2013.

BILL ENGLISH, Judge of Probate

Legal run on 10/11/13, 10/18/13 & 10/25/13

 

IN THE PROBATE COURT FOR LEE COUNTY, ALABAMA

IN RE: The Estate of Fred Eugene Bass, Deceased

Case No. 2013-B-094

NOTICE TO CREDITORS

TAKE NOTICE that Letters Testamentary having been granted to, Susan Bass Simons f/k/a Susan Bass Matthews, as Executrix of the Estate of Fred Eugene Bass, deceased, on the 9th day of October, 2013, by the Honorable Bill English.

NOTICE IS HEREBY GIVEN that all persons having claims against the said Estate are hereby required to present the same within the time allowed by law or the same will be barred.

Susan Bass Simons

Executrix of the

Estate of Fred Eugene Bass, deceased

Legal run on 10/18/13, 10/25/13 & 11/1/13

 

NOTICE OF COURT PROCEEDING

CASE NO. 2013-B-154

IN THE PROBATE COURT OF LEE COUNTY, ALABAMA

Notice of the filing of Petition for Summary Distribution

In the Estate of JULIA H. SCOTT, deceased

Notice is hereby given that a Petition for Summary Distribution has been filed in the LEE COUNTY Probate Office by Steve Scott on October 11, 2013, pursuant to Section 43-2-690, Code of Alabama and that 30 days after the notice of publication hereof and pursuant to law the Court shall be requested to enter an Order directing Summary Distribution of the estate of said decedent.

BILL ENGLISH, PROBATE JUDGE

Legal run on 10/18/13

 

NOTICE OF COURT PROCEEDING

CASE NO. 2013-B-156

IN THE PROBATE COURT OF LEE COUNTY, ALABAMA

Notice of the filing of Petition for Summary Distribution

In the Estate of AGNES FANDRICH WHEATLEY, deceased

Notice is hereby given that a Petition for Summary Distribution has been filed in the LEE COUNTY Probate Office by Richard Wheatley on October 11, 2013, pursuant to Section 43-2-690, Code of Alabama and that 30 days after the notice of publication hereof and pursuant to law the Court shall be requested to enter an Order directing Summary Distribution of the estate of said decedent.

BILL ENGLISH, PROBATE JUDGE

Legal run on 10/18/13

 

ORDINANCE NO.  119-13

ORDINANCE TO AMEND CHAPTER 28 OF THE CODE OF ORDINANCES

OF THE CITY OF OPELIKA, ALABAMA TO ADD A NEW ARTICLE IX

ENTITLED “RATES AND CHARGES FOR RESIDENTIAL FIBER OPTIC SERVICES”

BE IT ORDAINED by the City Council (the “Council”) of the City of Opelika, Alabama (the “City”) as follows:

Section 1.  Amendment. That Chapter 28 of the Code of Ordinances of the City of Opelika, Alabama, is hereby amended to add a new Article IX entitled “Rates and Charges for Residential Fiber Optic Services” to read as follows:

Article IX Rates and Charges for Residential Fiber Optic Services

Sec. 28-501. Application of Rate Schedules.

The rate schedules provided below are applicable for video (television), data (Internet) and voice (telephone) services during a period of one month, such month to be either a calendar month or the equivalent between consecutive monthly billings.  The rates and charges in this article apply only to residential customers.  All rates are subject to change.  All prices exclude applicable taxes, fees and one time charges.  Applicable taxes and fees will be added to the customer’s monthly bill.

Sec. 28-502.  Schedule of Rates and Charges.

There is hereby adopted by the City the following schedule of rates and charges for residential video (television), data (Internet) and voice (telephone) services:

Notes

* The above rates apply to services provided at a residence and used in a residential manner.

* All rates are subject to change.

* Applicable fees and taxes apply and are additional to these rates.

* Based upon credit rating, additional deposits may be required.

1See installation definitions for details.

2All Internet packages include 5 email accounts and 1 GB storage space per email address.  Static IP addresses are not offered on residential tiers.

3 Applies to long distance anywhere in the continental United States. May not be used for data, modem, or businesses (including home businesses).

4 Per minute long distance usage rate also applies at $0.06 per min. in Continental United States

5Symmetrical speed upgrade for a fee of $15.00 available for Choice, Ultra and Speed packages.

6Primary Video available upon request.

7Does not apply to Primary Video

Sec. 28-503.  Changes to Video Programming.

Video programming is subject to change.  Whenever the Director of Opelika Power Services, with the approval of the Mayor, shall determine that changes in video programming are desirable, the Director shall have the authority to add, delete and substitute channels and programming in the packages, tiers and class of video services offered to the public.

Sec. 28-504.  International Calling.

Additional charges will apply for international calling.   The Director of Opelika Power Services is authorized to set and adjust all charges for international calling to reflect the corresponding charges billed to Opelika Power Services for such calls by other long distance telephone carriers and providers.  All charges for international calling will be added to the customer’s monthly bill.

Sec. 28-505.  Taxes and Regulatory Charges for Services.

The customer is responsible for payment of any sales, use, gross receipts, excise, access or other local, state and federal taxes, charges, surcharges, or reimbursement of said taxes, charges, or surcharges, (however designated) imposed on or based upon the provision, sale, use of, or delivery of any services to the customer.  All applicable taxes shall be added pro rata, insofar as practical, and shall be listed as separate line items in the customer’s billing invoices and are not included in the rates and charges listed in Section 28-502.  OPS shall, so long as any tax or fee is in effect, add to the bills of the customers in such political entity pro rata insofar as possible on the basis of the revenue delivered by OPS from each such customer, an amount sufficient to recover any such tax or fee and list this amount separately in the bill.  In accordance with §11-50B-6, Code of Alabama, the amount of the franchise-imposed fee OPS would have paid to the City of Opelika were it a private provider shall be added to the customer’s billing invoices and shall be listed as a separate line item. Any pole attachment fees which OPS would have paid to the City of Opelika were it a private provider are allocated to subscriber rates for video and telephone services and are included in the rates and charges listed in Section 28-502.

Section 2.  Repealer Clause.  All former ordinances or parts thereof conflicting or inconsistent with the provisions of this Ordinance or the article hereby adopted are repealed.

Section 3.  Severability.  If any section, clause, provision or portion of this Ordinance shall be held to be invalid or unconstitutional by any Court of any competent jurisdiction, said holding shall not affect any other section, clause, provision or portion of this Ordinance which is not in or of itself invalid or unconstitutional.

Section 4.  Construction.  If any section, paragraph or sentence or word of this Ordinance or the article hereby adopted be declared for any reason to be invalid, it is the intent of the City Council that it would have passed all other portions of this Ordinance and the article hereby adopted independent of the elimination therefrom of such portion that may be declared invalid.

Section 5.   Effective Date.  This Ordinance and the article hereby adopted shall take effect and be enforced immediately upon its adoption and publication as required by law.

Section 6.  Publication.  The City Clerk of the City of Opelika, Alabama is hereby authorized and directed to cause this Ordinance to be published one (1) time in a newspaper of general circulation published in the City of Opelika, Lee County, Alabama.

ADOPTED AND APPROVED this the 15th day of October, 2013.

/s/ C. E. “Eddie” Smith, Jr.

PRESIDENT OF THE CITY COUNCIL OF THE CITY OF OPELIKA, ALABAMA

ATTEST:

/s/ R. G. Shuman

CITY CLERK

TRANSMITTED TO MAYOR on this the 16th day of October, 2013.

/s/ R. G. Shuman

CITY CLERK

ACTION BY MAYOR

APPROVED this the 16th day of October, 2013.

/s/ Gary Fuller

MAYOR

ATTEST:

/s/ R. G. Shuman

CITY CLERK

Legal run on 10/18/13

 

IN THE MATTER OF THE ESTATE OF HOWARD E. REARDEN, DECEASED.

IN THE PROBATE COURT OF LEE COUNTY, ALABAMA

Letters Testamentary on the estate of said decedent having been granted to the undersigned on the 1st day of October, 2013, by the Hon. Bill English, Judge of the Probate Court of Lee County, Alabama, notice is hereby given that all persons having claims against said estate are hereby required to present the same within time allowed by law or the same will be barred.

GINA R. SHOEMAKER and

JONATHAN E. REARDEN

Co-Personal Representatives

Legal run on 10/11/13, 10/18/13 & 10/25/13

 

ORDINANCE NO.  118-13

ORDINANCE TO AMEND CHAPTER 28 OF THE CODE OF ORDINANCES OF THE CITY OF OPELIKA, ALABAMA TO ADD A NEW ARTICLE VIII ENTITLED “OPS GENERAL RULES AND REGULATIONS” AND TO ADD A NEW ARTICLE IX ENTITLED “SPECIAL RULES AND REGULATIONS GOVERNING TELECOMMUNICATIONS SERVICES”

BE IT ORDAINED by the City Council (the “Council”) of the City of Opelika, Alabama (the “City”) as follows:

Section 1.  Amendment. That Chapter 28 of the Code of Ordinances of the City of Opelika, Alabama, is hereby amended to add a new Article VIII entitled “OPS General Service Rules and Regulations” to read as follows:

Article VIII OPS General Service Rules and Regulations

Sec. 28-401. General.

These Rules and Regulations are intended to set forth the rights and obligations of the City of Opelika as well as those of the customer with the respect to the supply and use of electric, video (television), data (Internet) and voice (telephone) services.  These Rules and Regulations are established as and for the conditions under which the City will provide services to a customer.  This article covers most of the recurring situations where standardized policies and practices have been established.  To the extent necessary, the Director of Opelika Power Services shall cause to be prepared such supplementary administrative rules, specifications and forms as are consistent and necessary to properly enforce these General Rules and Regulations.

Sec. 28-402.  Definitions.

Whenever used in this article, the following words and phrases shall have the meanings herein specifically ascribed to them:

(a)  Applicant shall mean any person who makes application for services from the Opelika Power Services Department of the City of Opelika, Alabama.

(b)  City shall mean the City of Opelika, Alabama.

(c)  Customer shall mean any person, partnership, association, firm, corporation or other entity taking service from Opelika Power Services.

(d)  CSR  shall mean customer service representative of the Opelika Power Services Department.

(e)  Director shall mean the Director of the Opelika Power Services Department of the City.

(f)  OPS shall mean the Opelika Power Services Department of the City of Opelika.

(g)  Person shall mean and include any natural person, firm, corporation, partnership, association, organization or any other entity.

(h)  Service or Services shall mean electric, video (television), data (Internet) and voice (telephone) or any other services provided by OPS.

Sec. 28-403.  OPS’ Responsibility to the Customer.

Services rendered will be non-discriminatory in nature within any class or service provided. No person within a single class of service will receive preferential treatment.

Sec. 28-404.  OPS’ Right to Refuse or Discontinue Service.

OPS reserves the right to refuse to serve or to discontinue service to a customer for sufficient cause including but not limited to the following:

(1)  For violation of or non-compliance by the customer of any of OPS’ rules, regulations, policies, or contract service agreement.

(2)  The furnishing of service would be detrimental to the safe and continued operation of OPS’ facilities, equipment or systems.

(3)  Any connected appliances or devices are not properly installed, of improper design or capacity or are in such condition that unsafe operation of any component, appliance or service is likely.

(4)  Customer has not complied with all applicable provisions of these service rules and regulations or any applicable codes and ordinances.

(5)  The customer has attempted to tamper with or interfere with the proper operation of OPS’ equipment including but not limited to meters, regulators, and control devices.

(6)  OPS is instructed to withhold service by any authority having such jurisdiction.

(7)  The customer’s failure to pay any bill before the delinquent date as provided in §28-415 below.

(8)  The person requesting service or installation of service equipment currently owes OPS a delinquent amount for utility services previously provided, whether to the same or different premises.

(9)  The person requesting service or installation of service equipment owes OPS a delinquent amount for service equipment previously provided, whether to the same or different premises.

(10)  For unauthorized use of services.

Sec. 28-405.  Application for Service.

Each prospective customer desiring electric, video (television), data (Internet), voice (telephone), or any other service shall be required to sign OPS’ standard form of application for service or a contract before service is supplied by OPS.  Requests for new service must be made in person at OPS’ Customer Service Center located at 600 Fox Run Parkway.

When applying for new service, proof of identification is required.  Two forms of identification (government issued) are required to establish service with at least one (1) being from the primary forms list.  One item of ID must include a photograph of the applicant.  Acceptable identification:

PRIMARY FORMS

-Valid Driver’s License

-State-Issued Non-Driver’s License  ID with photo—not expired

-US Passport

-Gun Permit with Photo

-US Military ID Card

-FAA Issued Pilots License

-Matricula Consular ID Card or similar Forms if ID issued by other national governments

-Federal Government issued ID – not expired

-Permanent resident card or alien registration receipt card (Form I-551)

-Foreign passport with Form I-94 or I-94A

-Employment authorization document that contains a photograph (Form I-766)

-US Naturalization Document

SECONDARY FORMS

-Social Security Card

-Birth Certificate (certified copy)

-Voters Registration

-Medicaid or Medicare Number (can verify number on Online Utility Exchange)

-W-2 Forms

-Individual Tax Identification Number (ITTN)

-Hunting, Fishing, or Gun permit (without photo)

-Selective Service Identification Card

-Naturalization Document

-Employee Identification Card

-Bureau of Indian Affairs Card or American Indian Card

-Certificate of citizenship issued by U.S. Citizenship and Immigration Services

The customer’s service will not be connected to OPS’ system until all applicable conditions and provisions of these Rules and Regulations have been met.  Electric service will be connected the same day if application is made prior to noon pending approval from the Inspections Department and if required, pending verification of all required documents and payment of all fees and deposits.

The application, as accepted by OPS, constitutes a contract and will become effective on the day the customer is provided service by the City.  Under some circumstances OPS may require that the customer enter into a separate written agreement for service.  Any agreement executed between OPS and the customer shall be in effect on the day specified as the effective date in the agreement.

Sec. 28-406. Deposits.

A cash deposit may be required at the option of OPS from an applicant for services to guarantee the payment of all bills and the protection of OPS’ equipment on the customer’s premises.  Electric and refuse deposits are required and must be paid at the time of application.  Telecom deposits may be required according to the customer’s credit rating.  Deposits are not billable.  When service is terminated, deposits may be applied by OPS against any unpaid bills of the customer.  If any balance remains after such application is made, said balance shall be refunded to the customer.  OPS may require a separate deposit for each customer account.  Deposits remain on file until services are disconnected or final billed or the deposit is refunded to the customer.  Deposit amounts are as follows:

Electric Residential Deposit:

Based on Experian National Risk Model = $75.00 – Green

Based on Experian National Risk Model = $150.00 – Red and Yellow

Electric Commercial Deposit: $200.00 minimum or two times the estimated  high bill at location.  The minimum deposit is based on a formula of $ .30 cents/square foot for commercial accounts and $ .45 cents /square foot for industrial accounts.  OPS will also consider the type of business that will be occupying the space.  For example, OPS may require a higher deposit for a restaurant than a book store based on electrical usage.

Garbage/Refuse Deposit:               $25.00

Telecom Residential Deposit:

Based on Experian National Risk Model = $0 – Green

Based on Experian National Risk Model = $75.00 – Yellow

Based on Experian National Risk Model = $150.00 – Red

Credit Scores:

Green    685-850

Yellow 630-684

Red     0-629

Note:  A Yellow Flagged Customer may have a deposit waved based on past bill payment experience with OPS.  If a customer wanting Telecom Service has no Non-Sufficient Funds or Returned Checks, they may qualify for No Deposit for Telecom services.  A CSR will make that determination based on a customer’s past payment experience and the Experian Risk Model information.  All customers that are flagged yellow will be considered equally when determining their qualification for deposit waiver.

Telecom Business Deposit: $200.00 or the total of one month’s service fees, whichever is higher.

Sec. 28-407. Payments.

(a)  Payments can be made in person at OPS’ Customer Service Center located at 600 Fox Run Parkway.  Office hours are 8:00 a.m. to 5:00 p.m., Monday thru Friday. For the customer’s convenience, a drive-thru window and night depository is provided at this location.  OPS will not be responsible for night deposit cash payments.

Payments can be mailed to:

Opelika Power Services

Post Office Box 2168

Opelika Al 36803-2168

Online payments can be made 24/7 at www.opelikapower.com . Payments are posted to the account immediately.

Bank draft is offered free of charge. Signature on an authorization form and a voided check is required. Billing statement notifications will be provided each month stating the draft date and amount.

(b)  Returned Checks.  A written notice will be sent upon receipt of a returned check.  Customers will have five (5) days from the date of the letter in which to redeem the check. A $30.00 redemption fee will be assessed. If the check is not redeemed, the electrical service will be scheduled for disconnection and a $25.00 non-payment fee will be assessed. Once an account has been scheduled for disconnection, the check, all fees and all outstanding account balances must be paid with cash in full. After two returned checks for insufficient funds in a 12 month period, accounts will be placed on a “Cash Only” status.  All other returned checks (closed account, stop payment, etc.) are placed on “Cash Only” immediately.  If a customer is placed on “Cash Only” status, he/she is required to pay with cash or money order for a period of two years. At the expiration of two years, checks will again be taken on the account. However, if a check is ever returned again after the account has been re-activated to accept checks, the account will be placed on “Cash Only” basis permanently. Checks must be redeemed by cash payment at OPS’ Customer Service Center located at 600 Fox Run Parkway.  Night deposit and mail payments will not be accepted for returned check redemption. Accounts reflecting a returned check are subject to review.  An increase in deposit may be required. Service will be terminated immediately, without notification, if a deposit payment is returned unpaid by the customer’s bank or if an account payment is returned on a CLOSED bank account

(c)  Returned Bank Drafts.  Any returned bank drafts will be treated the same as a returned check. There will be a $30.00 redemption fee for each return draft. Drafts will not be re-submitted and must be redeemed by cash payment at the Customer Service Center. After two return drafts, the account will be removed from bank draft and placed on a “Cash Only” status and the above stated rules apply. To remove an account from bank draft, the customer may call OPS’ Customer Service Center at 334-705-5170. All pending bank drafts must have cleared the customer’s bank in order to be removed from bank draft.  Pending bank drafts cannot be changed or stopped.

Sec. 28-408. Point of Delivery.

The point of delivery of service to a Customer’s premise is designated by OPS.  All wiring and equipment beyond this point of delivery (except by special written agreement) shall be installed, owned, and maintained by the Customer at no expense to OPS with the exception of the meter, the optical network terminal and the television set top boxes. Customer shall provide adequate right-of-way, as determined by OPS, for extension of service from OPS’ existing facilities to the point of delivery. OPS shall not be liable for accidents or damages that occur on Customer’s equipment or facilities located beyond delivery point.

Sec. 28-409. Customer’s Wiring Standards.

All Customer wiring must conform to governmental requirements and accepted modern standards, as exemplified by the requirements of the National Electrical Safety Code, the National Electric Code, and other applicable codes and standards.

Sec. 28-410.  Electric Customer Premise Inspections.

OPS shall have the right, but shall not be obligated, to inspect any installation before electricity is introduced, or at any later time. OPS reserves the right to reject any wiring, or appliances not in accordance with OPS’ standards. Such inspection or failure to inspect or reject shall not render OPS liable or responsible for any loss or damage resulting from defects in the installation, wiring or appliances, or from violating OPS’ rules, or from accidents, which may occur upon Customer’s premises.

Sec. 28-411 Underground Service Lines

Customers desiring underground service lines from OPS’ overhead system will be required to bear the excess cost associated with delivery of service. Conditions, specifications, and terms for such construction will be furnished by OPS upon request.

Sec. 28-412 Customer’s Responsibility for OPS’ Property

All meter, service connections, and other equipment furnished by OPS shall be, and remain, the property of OPS. Customer shall provide a space for and protect the property of OPS on Customer’s premises. In the event of loss or damage to OPS’ property, the Customer will be responsible for the costs of necessary repairs and/or replacement.

Sec. 28-413. Right of Access

OPS’ identified employees shall have safe access to Customer’s premises at all reasonable times for the purpose of reading meters, testing, repairing, removing, exchanging, or inspecting any or all equipment and facilities belonging to OPS.  OPS may, at its discretion, utilize or upgrade existing facilities on the Customer’s premise for the additional purpose of serving other properties.

Sec, 28-414. Billing

Bills will be rendered monthly and shall be paid by the due date or delinquent date specified on the bill. Due dates shall be established at such periods after billing dates as are specified by OPS. The due date shall not be earlier than ten (10) days after the billing date.  Due dates cannot be changed.  Bills paid after the due date specified on the bill shall be subject to an additional late charge of the greater of $5.00 or 5{44c616e11cf70d617c8dd92fb0bc15f41001df771f775c6b004238009c89a3f0} of the bill amount. Delinquent accounts are subject to review and may result in the requirement of additional deposit.  Failure to receive a bill due to mail delivery or other reasons will not release Customer from payment obligation. Should the due date of a bill fall on a Saturday, Sunday, or Holiday, the next business day following the due date shall be held as the due date for delivery of payment at OPS’ main office or authorized collection agency. Customer shall be obligated for payment of expenses associated with mailing the notice of termination of service, which amounts shall be specified on the notice. Bills shall be paid in lawful United States currency or coin or other acceptable form of payment such as Credit Card. Customer shall also be obligated to pay OPS an amount established by OPS for expenses incurred by OPS in the processing of checks improperly drawn, not acceptable for processing using normal commercial banking practices, or returned to OPS unpaid by Customer’s bank.

Electric Budget Billing

OPS offers “Budget Billing.”  The system calculates a monthly budget amount for electricity, which is based on the past twelve-month’s consumption/charge history. The total monthly bill amount will vary slightly each month, as tax and fuel cost are not included in the calculation.  Budget bills are re-calculated each December.  Budget amounts may increase or decrease based on the customer’s consumption for the past twelve months. If an account is terminated from budget billing, deferred balances will be due and payable at that time.  Accounts are subject to review prior to being set up for budget billing as certain criteria may apply.

The Director shall have the right to extend the time of payment of any account in the event of undue hardship.  It is the intention of this section that the Director shall grant an extension only to overcome some exceptional difficulty that prevents the customer from paying his/her bill by the due date or to avoid a situation that threatens the life or safety of the occupants of any premises served by OPS.  All requests for an extension must be submitted to the Director prior to the disconnect date.

Sec. 28-415. Discontinuance of Service by OPS For Non-Payment.

(A)  At any time after a customer’s account has become delinquent, OPS shall give to the customer at least five (5) days’ written notice of its intention to discontinue service of his/her account.  After the lapse of period specified in the written notice, if the account has not been paid in full, OPS, notwithstanding any deposit referred to in §28-406, may then discontinue service without further notice subject to the following specific provisions:

(1)  The customer shall have the right of paying such delinquent account, which shall include any subsequent bill for service which has become delinquent, at any time prior to the actual disconnection of his/her service.

(2)  Payment by the customer, as set out in (1) above, at OPS shall not affect OPS’ right during the day payment is received to disconnect service for non-payment, if such payment is unknown to employee disconnecting such service.

(3)  The customer making payment in accordance with (2) above will not, in case his/her service is disconnected following payment the same day, be required to pay any reconnection charge.  A reconnection charge will apply if OPS has certain knowledge that payment was made following disconnect.

(4)  No service shall be cutoff for non-payment after 3:30 p.m. on any date immediately preceding a day or days when OPS’ business office will be closed.

(5)  No residential electric service shall be disconnected for non-payment when the temperature at that location is forecasted to be 32º Fahrenheit or below for that calendar day.  The controlling forecasted temperature for a particular location shall be the temperature forecasted by the National Weather Service for that location on the calendar day in question.

(B)  The notice required in (A) shall have a heading, in bold letters, of “Disconnect Notice”, “Termination Notice”, “Final Notice” or “Cutoff Notice”.  Such notice shall also state the telephone number and address of OPS where the customer may make inquiry about the written notice or any dispute concerning the notice.  OPS shall delegate to at least one employee in its customer service office the authority to change any service billing that is in error.

(C)  OPS shall delegate to at least one employee the power to extend deadline for payment, to enter into agreements to receive the amount of the bill and installments, and to correct errors in bills.  This person shall be reasonably available to receive appropriate complaints or inquiries.

(D)  Whenever service is disconnected for non-payment and the customer requests that service be restored, except as provided in Sec A(3) above, a reconnection fee in the amount of $25.00 for each respective service shall be added to the customer’s delinquent account and shall become due and payable as part of the account for service rendered and shall be paid before service is restored along with all of the amounts owing on the customer’s account which were specifically referred to in the delinquent notice, together with all amounts owing on the customer’s account which has subsequently become delinquent.

(E)  Notice of OPS’ intention to discontinue service as required in paragraph (A) shall be considered to be given to the customer when a copy of such notice is left with such customer, left at the premises where service is rendered, or posted in the United States mail addressed to the customer’s last known post office address.  If the notice is posted in the United States mail, it shall be delivered to the Post Office at least five (5) calendar days before service is to be disconnected.

(F)  OPS may decline to serve an applicant or disconnect a customer who is indebted to OPS for services at a former location or at the present location of the applicant or customer or where such indebtedness was incurred by a member of the applicant’s or customer’s household, either under the name of the applicant or customer, or another name. Provided, however, applicant shall be served or customer’s service shall be continued upon complying with the deposit required in §28-406 and in addition thereto making a special deposit in an amount equal to the net balance in dispute.  Upon settlement of the disputed account, the balance, if any, due to the applicant or customer or a member of the applicant’s or customer’s household shall be promptly repaid.

Sec. 28-416.  Discontinuance or Suspension of Service for Reasons Other Than the Non-Payment of Service Bill.

Service may be refused or discontinued for any of the reasons listed below. Unless otherwise stated the customer shall be allowed a reasonable time in which to comply with the provisions of this section before service is discontinued.  Service may be discontinued or suspended for the following reasons:

(A)  Without notice in the event of a condition on the customer’s premises determined by OPS to be hazardous.

(B)  Without notice in the event of customer use of equipment in such a manner as to adversely affect OPS’ equipment or OPS’ service to others.

(C)  Without notice in the event of tampering with the equipment furnished and owned by OPS.

(D)  Without notice in the event of unauthorized use.

(E)  For failure of the customer to permit OPS reasonable access to its equipment for inspection, securing a meter reading, etc.

(F)  For violation of and/or non-compliance with OPS’ Rules and Regulations.

(G)  For failure of the customer to fulfill his/her contractual obligations for service.

In the event service is disconnected due to a hazardous condition through no fault of the customer, the reconnect charge will not apply.

Sec. 28-417. Connect, Reconnect, and Disconnect Services and Charges

OPS has established and will collect standard charges to cover the reasonable average cost, including administration of connecting service, reconnecting service, or disconnecting service. Higher charges may be established and collected when connections and/or reconnections are performed after normal office hours, or when special circumstances warrant. When connecting service, a connection fee of $25.00 will be assessed and is non-refundable. A request for transfer of service must be made in person at OPS Customer Service Center, located at 600 Fox Run Parkway.  Proof of identification is required.   All previous account balances must be paid in full prior to transferring service. Requirements to update the customer’s electric and/or refuse deposit may exist. A $15.00 fee is required for electric and refuse service transfer.  This fee is not billable and is non-refundable.

Request for service disconnection may be initiated by calling OPS’ Customer Service Center at 334-705-5170.  Information verification is required.  Deposits will be applied to any outstanding account balance. Statements will be mailed approximately seven to ten days after termination of service. Refund checks are mailed independently of statements.  A service call fee of $50.00 will be assessed for problems beyond OPS’ control and not within its responsibilities or if the service call was unwarranted in the judgment of OPS.  OPS does not reconnect service after hours except in emergency situations. If service is reconnected after 4:30 p.m., or on a Saturday, Sunday or legal holiday, an after hour service charge of $75.00 will be required.  Accounts will be scheduled for disconnection of service five days after the delinquent date. A $25.00 non-payment (delinquent) fee will be assessed at that time. Accounts may be assessed a non-payment fee without being disconnected.  The disconnect fee is considered part of the account balance and must be paid to avoid disconnection or paid prior to reconnection. Accounts scheduled for disconnection are subject to review; a deposit increase may be required.

Sec. 28-418.  Administrative Hearing Prior to Termination of Service.

At any time prior to 4:30 p.m. on the day preceding the disconnect date, any customer may request in writing an administrative hearing before the Director or his designee.  No hearing shall be necessary if the customer does not request a hearing in writing.  Upon such request, the Director or his designee shall, as soon as practicable, fix a day and time for the administrative hearing.  In any event, all disputes shall be heard by the Director or his designee before the customer’s service is disconnected.  The hearing shall offer the customer reasonable opportunity to be heard on any dispute concerning the amount of his/her bill or any other matter relating to the termination of the customer’s service.  The customer may appear at the hearing in person or through a designated representative.  The final decision of the Director or his designee shall be made in writing and a copy of the decision shall be delivered to the customer either personally or by certified mail, postage prepaid, return receipt requested.  If the Director or his designee’s decision shall be to terminate the customer’s service, the date of termination shall be stated therein.  All such decisions shall be final and binding upon the parties subject, however, to such remedies as any aggrieved party might have in law or in equity.

Sec. 28-419.  Termination of Contract by Customer

Customers who have fulfilled their contract terms and wish to discontinue service must give at least three (3) days written notice to that effect, unless the Customer’s contract specifies otherwise. A Customer’s notice to discontinue service prior to expiration of the Customer’s contract term will not relieve Customer from any minimum or guaranteed payment under any contract or rate schedule.

Sec. 28-420. Service Charges for Temporary Service

Customers requiring temporary electric service may be required by OPS to pay all costs incurred in supplying, removing, connecting, and disconnecting service. This rule applies to circuses, carnivals, fairs, temporary construction, mobile homes not on permanent foundations, and like events.

Sec. 28-421. Irregular Service

It is recognized by the parties that the availability of power to a customer may be interrupted or curtailed from time to time because of an “Act of God”, acts by agents or employees of OPS constituting negligence, or otherwise. Because the Customer is in the best position to provide and install special wiring, alternate supplies, or special devices to protect Customer facilities and equipment, the Customer assumes all risk of loss, injury or damage resulting from such interruptions or curtailments. OPS will use reasonable diligence to provide a regular and uninterrupted supply of electricity and/or Telecom Services, but shall not be liable for any loss, injury, or property damage resulting from failure to supply electricity and/or Telecom Services, interruption, delay in restoration, mechanical failure, single-phasing, voltage irregularity, fire, labor difficulties, riot, explosion, breakdown, external forces, flood, acts of God, or the public enemy.

OPS shall not be liable for any damage where Customer’s wiring does not conform to applicable code or law.  OPS shall not be liable for any damages that may result to Customer or any other person, firm or corporation by reason of OPS’ implementation of any emergency load curtailment plan in effect between OPS and its sources of supply for electric power, including, without limitation, the Alabama Municipal Electric Authority.

Sec. 28-422. Power Quality Degradation Caused by Customer

Electric service must not be used in such a manner as to cause unusual fluctuations or disturbances to OPS’ system or to the electric service provided by OPS. OPS may require the Customer, at his/her own expense, to install suitable apparatus which will reasonably limit such fluctuations or disturbances.

Sec. 28-423. Additional Load

The service connection, transformers, meters, and equipment supplied by OPS for each Customer have definite capacity, and no addition to the equipment or load connected thereto will be allowed except by consent of OPS. Failure to give notice of additions or changes in load, and to obtain OPS’ consent for same, shall render the Customer liable for any damage to any of OPS’ lines or equipment or interruption of electric service provided by OPS caused by the additional or changed installation.

Sec. 28-424. Standby and Resale Service

All purchased electric service (other than emergency or standby service) used on the premises of Customer shall be supplied exclusively by OPS and Customer shall not directly or indirectly, sell, sublet, assign, or otherwise dispose of the electric service or any part thereof.

Sec. 28-425. Single Point Delivery

The published rates for each class of service are based upon the supply of service to the entire premises through a single delivery and metering point, and at a single voltage. Separate supply for the same Customer at other points of consumption, or at a different voltage, shall be separately metered and billed.

Sec. 28-426. Notice of Trouble

The Customer shall notify OPS immediately should the service be unsatisfactory for any reason, or should there be any defects, trouble, or accidents affecting the supply of electricity. Such notices, if verbal, shall be confirmed in writing.

Sec. 28-427. Non-Standard Service

The Customer shall be responsible for the additional cost compared to standard service installations, of any special installation necessary to meet Customer’s specific requirements for service.

Sec. 28-428. Meter Tests

OPS will from time to time make tests or inspections of its meters and billing records and will make special tests or inspections of its meters and billing records at the request of a Customer. If a test or inspection shows that the Customer’s bill is accurate within two percent (2{44c616e11cf70d617c8dd92fb0bc15f41001df771f775c6b004238009c89a3f0}), no adjustment will be made in the Customer’s bill, and if the test or inspection was requested by the Customer, a testing charge in an amount established by OPS may be charged to the Customer. If a test or inspection shows that the Customer’s bill is more than two percent (2{44c616e11cf70d617c8dd92fb0bc15f41001df771f775c6b004238009c89a3f0}) high or low, OPS will adjust the Customer’s bill and the cost of any meter test requested by the Customer will be borne by OPS. OPS will not collect from or reimburse the Customer any undercharge or overcharge applicable to periods more than twelve (12) months prior to the date of the test or inspection.

Sec. 28-429. Filing and Posting

A copy of these Rules and Regulations, together with a copy of OPS’ Residential Fiber Optic Services Rate Card shall be kept open to inspection at the offices of OPS.

Sec. 28-430. Scope

This Schedule of Rules and Regulations, as amended from time to time, is a part of all contracts for electric and telecommunications service from OPS and applies to all service received from OPS, whether the service is based upon contract, agreement, signed application, oral application, telephone conversation, or otherwise. OPS’ obligation to provide electric service shall be subject to all limitations contained in the contracts under which OPS buys electric power from Alabama Municipal Electric Authority or otherwise provided by applicable laws, rules, or regulations.

Sec. 28-431. Revisions

These Rules and Regulations may be revised, amended, supplemented, or otherwise changed from time to time. Such changes, when effective, shall have the same force as the present Rules and Regulations.

Sec. 28-432. Conflict

In case of conflict between any provisions of any rate schedule and the Rules and Regulations, the rate schedule shall apply.

Sec. 28-433. Shortage of Electricity

In the event of an emergency or other condition causing a shortage in the amount of electricity for OPS to meet the demand on its system., OPS may, by an allocation method deemed equitable by OPS or pursuant to any emergency load curtailment plan in effect between OPS and its sources of supply for electric power, fix the amount of electricity to be made available for use by Customer and/or may otherwise restrict the time during which Customer may make use of electricity and the uses which Customer may make of electricity. If such options become necessary. Customer may request a variance because of unusual circumstances, including matters adversely affecting the public health, safety and welfare. If Customer fails to comply with such allocation or restriction, OPS may take such remedial actions as it deems appropriate under the circumstances including temporarily disconnecting electric service and charging additional amounts because of the excess use of electricity. The provisions of the section entitled “Irregular Service” of these Rules and Regulations are applicable to any such allocation or restriction.

Sec. 28-434. Information to Customers

OPS will make information about rates and service practice policies available upon application for service and at any other time upon written or telephoned request. OPS, on written request from a Customer, will provide a statement of monthly consumption of that Customer for the prior twelve months, if the information is reasonably ascertainable. OPS may establish a reasonable charge for this statement. OPS may utilize news media or other appropriate techniques to inform Customers about rates and service policies.

Sec. 28-435. Bill Proration

Bills rendered for other than the regular billing period will be prorated based upon OPS’ standard bill proration policy then in effect.

Sec. 28-436. Customer and Smart Grid Data

Upon request, using procedures established by OPS, OPS will make available to customers their available energy consumption data. OPS will not provide to other parties any customer’s individually identifiable energy consumption data or other individually identifiable customer data collected by OPS without the customer’s authorization, using authorization procedures established by OPS. Smart Grid data will be utilized only by OPS and parties authorized by OPS in order to enhance system security, reliability, and improve system efficiency and will not be provided to any other parties except with OPS’ approval and per the Smart Grid Bill of Rights as approved by the Opelika City Council. Nothing in this paragraph limits Alabama Municipal Electric Authority’s rights as provided under the Wholesale Power Contract.

Section 2.  Amendment. That Chapter 28 of the Code of Ordinances of the City of Opelika, Alabama, is hereby amended to add a new Article IX entitled “Special Rules and Regulations Governing Telecommunications Services” to read as follows:

Article IX SPECIAL RULES AND REGULATIONS GOVERNING TELECOMMUNICATIONS SERVICES

Sec. 28-451. General.

These Rules and Regulations are intended to govern the rights and obligations of the City of Opelika as well as those of the customer with respect to telecommunications (telephone) services.  These Rules and Regulations supplement the General Service Rules and Regulations in Article VIII above.  The General Service Rules in Article XIII also apply to telecom services, except to the extent they are inconsistent with these Special Rules.  To the extent necessary, the Director of Opelika Power Services shall cause to be prepared such supplementary administrative rules, specifications, and forms as are consistent and necessary to properly enforce these Special Rules and Regulations.

Sec. 28-452. Definitions.

Whenever used in this article, the following words and phrases shall have the meanings herein specifically ascribed to them:

(a)  Applicant shall mean any person who makes application for services from the Opelika Power Services Department of the City of Opelika, Alabama.

(b)  City shall mean the City of Opelika, Alabama.

(c)  Customer shall mean any person, partnership, association, firm, corporation or other entity taking service from Opelika Power Services.

(d)  CSR shall mean customer service representative of the Opelika Power Services Department.

(e)  Director shall mean the Director of the Opelika Power Services Department of the City.

(f)  OPS shall mean the Opelika Power Services Department of the City of Opelika.

(g)  Person shall mean and include any natural person, firm, corporation, partnership, association, organization or any other entity.

(h)  Service or Services shall mean telecommunications services (telephone) provided by OPS.

(i)  Telecom shall mean telecommunications services (telephone).

Sec. 28-453. General.

Telecom service is provided on the basis of a minimum period of at least one-month, 24-hours per day. For the purpose of computing charges in this article, a month is considered to have 30 days.

Telecom customers may be required to enter into written service orders which shall contain or reference a specific description of the service ordered, the rates to be charged, the duration of the services, and the terms and conditions in this document. Customers will also be required to execute any other documents as may be reasonably requested by the OPS

At the expiration of the initial term specified in each Telecom Service Order, or in any extension thereof, service shall continue on a month-to-month basis at the then current rates unless terminated by either party upon 30 days’ written notice. Any termination shall not relieve the Customer of his or her obligation to pay any charges incurred under the service order and this document prior to termination. The rights and obligations that by their nature extend beyond the termination of the term of the service order shall survive such termination.

Sec. 28-454.  Limitations.

Telecom Service is offered subject to the availability of the necessary facilities and equipment, and subject to the provisions of this Chapter.  OPS reserves the right to discontinue or limit services when necessitated by conditions beyond its control, or when the Customer is using service in violation of provisions of this Chapter, or in violation of the law.  OPS does not undertake to transmit messages, but offers the use of its facilities when available, and will not be liable for errors in transmission or for failure to establish connections

Sec. 28-455. Assignments and Transfers.

OPS directly controls all facilities provided under this Chapter and the Customer may not transfer or assign the use of service or facilities without the express written consent of OPS. Such transfer or assignment shall only apply where there is no interruption of the use or location of the services or facilities.  Prior written permission from OPS is required before any assignment or transfer. All regulations and conditions contained in this Chapter shall apply to all such permitted assignees or transferees, as well as all conditions of service.

Sec. 28-456.  Prohibited Uses of Telecom Services

The services OPS offers shall not be used for any unlawful purpose or for any use as to which the Customer has not obtained all required governmental approvals, authorizations, licenses, consents and permits.  OPS may require applicants for service who intend to use OPS’ offerings for resale and/or for shared use to file a letter with OPS confirming that their use of OPS’ offerings complies with OPS requirements. OPS may require a Customer to immediately shut down its transmission of signals if said transmission is causing interference to others.

Sec. 28-457.  Liability of OPS for Telecom Services

The liability of OPS for damages arising out of the furnishing of its Services, including but not limited to mistakes, omissions, interruptions, delays, or errors, or other defects, representations, or use of these services or arising out of the failure to furnish the service, whether caused by acts or omission, shall be limited to the extension of allowances for interruption as set forth herein. The extension of such allowances for interruption shall be the sole remedy of the Customer and the sole liability of OPS. OPS will not be liable for any direct, indirect, incidental, special, consequential, exemplary or punitive damages to Customer as a result of any OPS service, equipment or facilities, or the acts or omissions or negligence of OPS’ employees or agents.

OPS shall not be liable for any delay or failure of performance or equipment due to causes beyond its control, including but not limited to: acts of God, fire, flood, explosion or other catastrophes; any law, order, regulation, direction, action, or request of the United States Government, or of any other government, including state and local governments having or claiming jurisdiction over OPS, or of any department, agency, commission, bureau, corporation, or other instrumentality of any one or more of these federal, state, or local governments, or of any civil or military authority; national emergencies; insurrections; riots; wars; unavailability of rights-of-way or materials; or strikes, lock-outs, work stoppages, or other labor difficulties.

OPS shall not be liable for any act(s) or omission(s) of another entity furnishing to OPS nor to OPS’ Customer’s facilities or equipment used for or with the services OPS offers.

OPS shall not be liable for any damages or losses due to the fault or negligence of the Customer or due to the failure or malfunction of Customer-provided equipment or facilities. OPS does not guarantee nor make any warranty with respect to installations it provides for use in an explosive atmosphere. The Customer indemnifies and holds OPS harmless from any and all loss, claims, demands, suits, or other action, or any liability whatsoever, whether suffered, made, instituted, or asserted by any other party or person(s), and for any loss, damage, or destruction of any property, whether owned by the Customer or others, caused or claimed to have been caused directly or indirectly by the installation, operation, failure to operate, maintenance, removal presence, condition, location, or use of any installation so provided. OPS reserves the right to require each Customer to sign an agreement, acknowledging acceptance of the provisions of this section as a condition precedent to such installations.

OPS is not liable for any defacement of or damage to Customer premises resulting from the furnishing of services or equipment on such premises or the installation or removal thereof, unless such defacement or damage is caused by negligence or willful misconduct of OPS’ agents or employees.

OPS shall be indemnified, defended and held harmless by the Customer against any claim, loss or damage arising from Customer’s use of services, involving claims for libel, slander, invasion of privacy, or infringement of copyright arising from the Customer’s own communications. The entire liability of OPS for any claim, loss, damage or expense from any cause whatsoever shall in no event exceed sums actually paid OPS by the Customer for the specific services giving rise to the claim. No action or proceeding against OPS shall be commenced more than one year after the service is rendered.

OPS MAKES NO WARRANTIES, EITHER EXPRESS, IMPLIED OR STATUTORY, REGARDING THE SERVICES PROVIDED HEREUNDER, AND EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING WITHOUT LIMITATION, THOSE OF NONINFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. CUSTOMER AGREES THAT DAMAGES ARISING HEREUNDER SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY CUSTOMER FOR SERVICES AND IN NO EVENT SHALL OPS BE LIABLE TO CUSTOMER FOR DAMAGES OF ANY KIND INCLUDING INCIDENTAL, CONSEQUENTIAL, INDIRECT, DIRECT, SPECIAL OR PUNITIVE DAMAGES.

Sec. 28-458.   Obligations of the Customer, the Customer will be responsible for:

Damage to or loss of OPS’ facilities or equipment caused by the acts or omissions of the Customer; or the noncompliance by the Customer, with these regulations; or by fire or theft or other casualty on the Customer Premises, unless caused by the negligence or willful misconduct of the employees or agents of OPS;

Providing at no charge, as specified from time to time by OPS, any needed personnel, equipment space and power to operate OPS facilities and equipment installed on the premises of the Customer, and the level of heating and air conditioning necessary to maintain the proper operating environment on such premises;

Obtaining, maintaining, and otherwise having full responsibility for all rights-of-way and conduits necessary for installation of fiber optic cable and associated equipment used to provide Communication Services to the Customer from the cable building entrance or property line to the location of the equipment space. Any and all costs associated with obtaining and maintaining the rights-of-way described herein, including the costs of altering the structure to permit installation of OPS-provided facilities, shall be borne entirely by, or may be charged by OPS to, the Customer. OPS may require the Customer to demonstrate its compliance with this section prior to accepting an order for service;

Providing a safe place to work and complying with all laws and regulations regarding the working conditions on the premises at which OPS employees and agents shall be installing or maintaining OPS’ facilities and equipment. The Customer may be required to install and maintain OPS facilities and equipment within a hazardous area if, in OPS’ opinion, injury or damage to OPS’ employees or property might result from installation or maintenance by OPS. The Customer shall be responsible for identifying, monitoring, removing and disposing of any hazardous material (e.g. friable asbestos) prior to any construction or installation work;

Complying with all laws and regulations applicable to, and obtaining all consents, approvals, licenses and permits as may be required with respect to, the location of OPS facilities and equipment in any Customer premises or the rights-of-way for which Customer is responsible under this document; and granting or obtaining permission for OPS agents or employees to enter the premises of the Customer at any reasonable time for the purpose of installing, inspecting, maintaining, repairing, or upon termination of service as stated herein, removing the facilities or equipment of OPS;

Not creating, or allowing to be placed, any liens or other encumbrances on OPS’

equipment or facilities; and

Making OPS facilities and equipment available periodically for maintenance purposes at a time agreeable to both OPS and the Customer. No allowance will be made for the period during which service is interrupted for such purposes.

Sec. 28-459.  Claims.

With respect to any service or facility provided by OPS, Customers shall indemnify, defend and hold harmless OPS from and against all claims, actions, damages, liabilities, costs and expenses, including reasonable attorneys’ fees for:

Any loss, destruction or damage to the property of OPS or any third party, or death or injury to persons, including, but not limited to, employees or invitees of either party, to the extent caused by or resulting from the negligent or intentional act or omission of the Customer, its employees, agents, representatives or invitees; or

Any claim, loss, damage, expense or liability for infringement of any copyright, patent, trade secret, or any proprietary or intellectual property right of any third party, arising from any act or omission by the Customer, including, without limitation, use of OPS’ services and facilities in a manner not contemplated by the agreement between the Customer and OPS.

Sec. 28-460.  Changes in Service Requested.

If the Customer makes or requests material changes in circuit engineering, equipment specifications, service parameters, premises locations, or otherwise materially modifies any provision of the application for service, the Customer’s installation fee shall be adjusted accordingly.

Sec. 28-461.  Provisions of Equipment and Facilities.

OPS’ facilities and service may be used with or terminated in Customer-provided terminal equipment or Customer-provided communications systems, such as a PBX, key systems or pay telephone. Such terminal equipment shall be furnished and maintained at the expense of the Customer, except as otherwise provided. The Customer is responsible for all cost at his or her premises, including personnel, wiring, electrical power, and the like, incurred in the use of OPS’ service. The Customer is responsible for ensuring that Customer-provided equipment connected to OPS equipment and facilities is compatible with such equipment and facilities.

OPS shall use reasonable efforts to maintain only the facilities and equipment that it furnishes to the Customer. The Customer may not, nor may the Customer permit others to, rearrange, disconnect, remove, and attempt to repair, or otherwise interfere with any of the facilities or equipment installed by OPS, except upon the written consent of OPS.

OPS may substitute, change or rearrange any equipment or facility at any time and from time to time, but shall not thereby alter the technical parameters of the service provided the Customer.

Equipment OPS provides or installs at the Customer’s premises for use in connection with the services OPS offers shall not be used for any purpose other than that for which it was provided by OPS.

OPS shall not be responsible for the installation, operation, or maintenance of any Customer-provided communications equipment. Where such equipment is connected to the facilities furnished pursuant to this document, the responsibility of OPS shall be limited to the furnishing of facilities offered under this document and to the maintenance and operation of such facilities.

Sec. 28-462.  Shortage of Equipment or Facilities.

OPS reserves the right to limit or to allocate the use of existing facilities, or of additional facilities offered by OPS, when necessary because of lack of facilities, or due to some other cause beyond OPS’ control.  The furnishing of service under this document is subject to the availability on a continuing basis of all the necessary facilities and is limited to the capacity of OPS’ facilities as well as facilities OPS may obtain from other carriers to furnish service from time to time as required at the sole discretion of OPS.

Sec. 28-463.  Customer Equipment and Channels.

A User may transmit or receive information or signals via the facilities of OPS. OPS’ services are designed primarily for the transmission of voice-grade telephonic signals, except as otherwise stated in this document. A User may transmit any form of signal that is compatible with OPS’ equipment, but OPS does not guarantee that its services will be suitable for purposes other than voice-grade telephonic communication except as specifically stated in this document.

Sec. 28-464.  Taxes and Regulatory Charges for Telecom Services.

The Customer is responsible for payment of any sales, use, gross receipts, excise, access or other local, state and federal taxes, charges, surcharges or reimbursement of said taxes, charges or surcharges (however designated) imposed on or based upon the provision, sale or use of OPS network services. All applicable taxes shall be added pro rata, insofar as practical, and shall be listed as separate line items in Customer’s billing invoices and are not included in the quoted rates herein. OPS shall, so long as any such tax or fee is in effect, add to the bills of the customers in such political entity pro rata insofar as possible on the basis of the revenue derived by OPS from each such customer, an amount sufficient to recover any such tax or fee and may list this amount separately the bill.

Sec. 28-465.  Access to Telephone Relay Services.

OPS will make all reasonable attempts to participate in telephone relay service for handicapped and/or hearing-impaired customers and will comply with all regulations and requirements.  OPS shall impose a monthly surcharge or any other related charge upon its local exchange telecommunications customers as may be required by state law, rules or regulation.

Sec. 28-466.  Universal Emergency Telephone Number Service (911, E911).

This document does not provide for the inspection or constant monitoring of facilities to discover errors, defects, or malfunctions in the service, nor does OPS undertake such responsibility.

The 911 calling party, by dialing 911, waives the privacy afforded by non-listed and non-published service to the extent that the telephone number, name, and address associated with the originating station location are furnished to the Public Safety Answering Point.

After the establishment of service, it is the Public Safety Agency’s responsibility to continue to verify the accuracy of and to advise OPS of any changes as they occur in street names, establishment of new streets, changes in address numbers used on existing streets, closing and abandonment of streets, changes in police, fire, ambulance or other appropriate agencies’ jurisdiction over any address, annexations and other changes in municipal an county boundaries, incorporation of new cities or any other similar matter that may affect the routing of 911 calls to the proper Public Safety Answering Point.

OPS assumes no liability for any infringement, or invasion of any right to privacy of any person or persons caused, or claimed to be caused, directly or indirectly by the use of 911 service. Under the terms of this document, the Public Safety Agency must agree, (except where the events, incidents, or eventualities set forth in this sentence are the result of OPS’ gross negligence or willful misconduct), to release, indemnify, defend and hold harmless OPS from any and all loses or claims whatsoever, whether suffered, made, instituted, or asserted by the Public Safety Agency or by any other party or person, for any personal injury to or death of any person or persons, or for any loss, damage, or destruction of any property, whether owned by the Customer or others. Under the terms of this document, the Public Safety Agency must also agree to release, indemnify, defend and hold harmless OPS for any infringement of invasion of the right to privacy of any person or persons, caused or claimed to have been caused, directly or indirectly, by the installation, operation, failure to operate, maintenance, removal, presence, condition, occasion, or use of 911 service features furnished by OPS in connection therewith, including, but not limited to, the identification of the telephone number, address, or name associated with the telephone used by the party or parties accessing 911 services hereunder, and which arise out of the negligence or other wrongful act of the Public Safety Agency, its user, agencies or municipalities, or the employees or agents of any one of them, or which arise out of the negligence, other than gross negligence or willful misconduct, of OPS, its employees or agents.

Sec. 28-467.  Directory Listings.

OPS does not publish a directory of customer listings. OPS, however, does arrange for the Customer’s main billing number to be placed in the directory of directories of the dominant local exchange carrier.

The rates and regulations specified herein for directory listings apply only to the alphabetical section of the directory. Listings are intended solely for the purpose of identifying customer’s telephone number and as an aid to the use of telephone service.

The listings of customers either without or with charge for other listings are arranged alphabetically and are not intended for special prominence of arrangement. In accepting listings as requested by customers or prospective customers, OPS will not be a party to controversies between customers as result of the publication of such listings in the directories.

Listings must conform to OPS’ specifications with respect to the directories. OPS reserves the right to reject listings which in, its sole judgment, such listings would violate the integrity of OPS records and the directories, confuse individuals using the directory, or when the Customer cannot provide satisfactory evidence that he or she is authorized to do business as requested.

OPS reserves the right to limit the length of any listing to one line in the directory by use of abbreviations when, in its sole judgment, the clearness of the listing and the identification of the customer is not impaired.

Generally, the listed address is the location of the customer’s place of business or residence.

OPS has no liability to the customer or any other entity for directory listing errors, omissions or mistakes.  OPS will make all reasonable efforts to ensure accurate listings but assumes no liability, financially or otherwise.

Generally, a business listing consists of a name or dual name, a designation descriptive of the customer’s business if not self-explanatory, the address, and business telephone number. The main listing is ordinarily the name of the individual, firm or corporation which contracts for the service or the name under which a business is regularly conducted. All Customers will receive one free directory listing. There will be a monthly fee for each additional listing.

Section 3.  Repealer Clause.  All former ordinances or parts thereof conflicting or inconsistent with the provisions of this Ordinance or the article hereby adopted are repealed.

Section 4.  Severability.  If any section, clause, provision or portion of this Ordinance shall be held to be invalid or unconstitutional by any Court of any competent jurisdiction, said section shall not affect any other section, clause, provision or portion of this Ordinance which is not in or of itself invalid or unconstitutional.

Section 5.  Construction.  If any section, paragraph or sentence or word of this Ordinance or the article hereby adopted be declared for any reason to be invalid, it is the intent of the City Council that it would have passed all other portions of this Ordinance and the article hereby adopted independent of the elimination therefrom of such portion that may be declared invalid.

Section 6.   Effective Date.  This Ordinance and the article hereby adopted shall take effect and be enforced immediately upon its adoption and publication as required by law.

Section 7.  Publication.  The City Clerk of the City of Opelika, Alabama is hereby authorized and directed to cause this Ordinance to be published one (1) time in a newspaper of general circulation published in the City of Opelika, Lee County, Alabama.

ADOPTED AND APPROVED this the 15th day of October, 2013.

/s/ C. E. “Eddie” Smith, Jr. PRESIDENT OF THE CITY COUNCIL OF THE CITY OF OPELIKA, ALABAMA

ATTEST:

/s/ R. G. Shuman

CITY CLERK

TRANSMITTED TO MAYOR on this the 16th day of October, 2013.

/s/ R. G. Shuman

CITY CLERK

ACTION BY MAYOR

APPROVED this the 16th day of October, 2013.

/s/ Gary Fuller

MAYOR

ATTEST:

/s/ R. G. Shuman

CITY CLERK

Legal run on 10/18/13

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