Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
17-05 RESOLUTION
I RESOLUTION NO. I I - 0 5 A RESOLUTION APPOINTING A BUILDING OFFICIAL FOR THE CITY OF FAYETTEVILLE IN ACCORDANCE WITH A. C. A. § 14-56-202(2) BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the City Council of the City of Fayetteville, Arkansas, pursuant to the requirements of A. C. A. § 14-56-202(2), hereby appoints Mr. Steve Cattaneo as the Building Official for the City of Fayetteville. PASSED and APPROVED this 151 day of February 2005. ;FAYETTEVILLE• ATTEST: By: S DRA SMITH, City Clerk CIT ATTORNEY AGENDA REQUEST FOR: COUNCIL MEETING OF FEBRUARY 1, 2005 FROM: KIT WILLIAMS, CITY ATTORNEY ORDINANCE OR RESOLUTION TITLE AND SUBJECT: A Resolution Appointing A Building Official For The City Of Fayetteville In Accordance With A. C. A. § 14-56-202 (2) APPROVED FOR AGENDA: ( k � '- ►b -off City torney Date Date 0 • RESOLUTION NO. A RESOLUTION APPOINTING A BUILDING OFFICIAL FOR THE CITY OF FAYETTEVILLE IN ACCORDANCE WITH A. C. A. § 14-56-202(2). BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the City Council of the City of Fayetteville, Arkansas, pursuant to the requirements of A. C. A. § 14-56-202(2), hereby appoints Mr. Steve Cattaneo as the Building Official for the City of Fayetteville. P. W Lei FAYETTEVILE THE CITY OF FAYETTEVILLE, ARKANSAS DEPARTMENTAL CORRESPONDEN Date: January 12, 2005 To: Kit Williams From: Gary Dumas3;;; �C-f Re: Agenda item preparation for Building Safety Division Head Please proceed per your memo in the preparation of the appropriate agenda item regarding the Building Safety Division Head. IN[ CITY OF FAYETTEVIIIE, ARKANSAS KIT WILLIAMS, CITY ATTORNEY DAVID WHITAKER, ASST. CITY ATTORNEY DEPARTMENTAL CORRESPO NCE TO: Dan Coody, Mayor Gary Dumas, Director of Operations FROM: Kit Williams, City Attorney DATE: January 4, 2005 RE: Building Safety Division Head 11 LEGAL DEPARTMENT Pursuant to A.C.A. § 14-56-202 (2) and recent Arkansas Attorney General Opinions, our Chief of Building Safety (formerly inspections) shall be "such officer as the city council shall designate ...." The Arkansas Attorney General states: "A.C.A. § 14-56-202 makes it clear that the individual charged with the task of monitoring construction within the city will be appointed by the city council." (Arkansas Attorney General Opinion No. 2003-261.) I have attached several Attorney General Opinions on this subject which all.: interpret A.C.A. § 14-56-202 to require the head of building or construction inspection or safety to be appointed by the City Council rather than the Mayor. I believe we need to promptly bring forth a Resolution in which the City Council appoints Steve Cattaneo to his current position. Please contact me about this and I will then proceed to present the appropriate Agenda item. FE f build- ireproof itutes a ergency s neces- Ith land id effect ntly sus= 9. ability of 2ev. 231. aration, icidents 81 BUILDING AND ZONING REGULATIONS —PLANNING 14-56-202 Where general zoning law of state pro- vides for certain procedure and statutory provisions authorize the giving of permits by city council in special instances, a per- mit given by the council invalid, but if ordinances are not passed under provi- sions providing for issuance of permits, but under a statute which did not provide for permits, the provisions allowing for permits are not relevant in determining validity of permit. Meyer v. Seifert, 216 Ark. 293, 225 S.W.2d 4 (1949). Cities, in certain instances, have the authority to regulate some features relat- ing to public buildings. Where the ordi- nance is not before the reviewing court, the court cannot make a sweeping finding that the municipality cannot regulate, in any manner, any phase, aspect, or feature relating to the construction of a -public building. Lavender v. Rogers, 232 Ark. 673, 339 S.W.2d 598 (1960); Lavender v. Rogers, 233 Ark. 161, 343 S.W.2d 103 (1961). A board of adjustment had authority to authorize the enlargement of a kindergar- ten being operated in a residential district as a preexisting nonconforming use of the property. Williams v. Kuehnert, 243 Ark. 7467 421 S.W.2d 896 (1967). Fire Prevention.- - A town council has power to, prohibit the erection of wooden buildings in certain districts of the town as a precaution against fire; and if such building be erected in violation of an ordinance pro- hibiting it, the -council may promptly re- move it without any prosecution:or judi- cial proceedings of any kind against the owner of the building. McKibbin v. Fort Smith, 35 Ark. 352 (1880). See Paris v. Hall, 131 Ark. 104, 198 S.W. 705 (1917). City may extend its fire limits; but can- not give it an ex post facto effect. Wilder v. City of Little Rock, 150 Ark. 439, 234 S.W. 479 (1921). An ordinance prohibiting the construc- tion of wooden buildings and enlargement and alteration of old buildings within fire limits is authorized. The term "alteration" means that 8n old building shall not be changed in such a way as to convert it into a new and different structure. Earle v. Shackleford, 177 Ark. 291, 6 S.W.2d 294 (1928). Where city passed ordinances relative to guarding against destruction of build- ings by fire and prohibited erection of nonfireproof building, a permit issued by the city -council to erect a nonfireproof building was invalid where statute under which ordinances were passed' did not provide for issuance of permits. Meyer v. Seifert, 216Ark. 29310 225 S.W.2d 4 (1949). Cited: Corning.v. Watson, 252 Ark. 12777 482 S.W.2d 797 (1972). 14=56-202. Additional, powers of cities of the first class. The following enlarged and additional powers are conferred upon cities of the first class. They shall have the power to: 1) Regulate the building of houses; rovl a at no ouse or s ruc ure shall be erected within the city limits except upon a permit to be issued by such officer as the civ council shall des i ate- and rove e . at'no permit sh ld' f house or structure deemed to b detrimental to the public welfare. all be Issued for the but ng o any e unsafe, unsanitary, obnoxious, or History. Acts 1907; No; 352, § 1, p. 842; C: & M. Dig., § 7754; Pope's Dig., § 10053; A.S.A. 1947, § 19-2802. of CASE NOTES ANALYSIS Building of Houses. The.authority of a city of first class to Building of houses. regulate the building of houses does not Permits. give the city the authority to establish a VersusLaw Research Database • 0 Page 1 of 2 Opinion No. 2003-261 Is the attached Cabot City Ordinance, which proposes to appoint a city building official and set the salary for that position, in conflict with provisions of ACA 14-42-110 or any other State law? RESPONSE: No. Although A.C.A. § 14-42-110 affords the mayor a general power of appointment of department heads, A.C.A. § 14-56-202, which more particularly addresses the issue raised here, makes it clear that the individual charged with the task of monitoring construction within the city will be appointed by the city council. See Opinion No. 2003-254. Also, your description of the facts suggests that the building official would not qualify as a "department head." September 2, 2003 The Honorable Bobby L. Glover State Senator P.O. Box 1 Carlisle, AR 72024 Dear Senator Glover: I am writing in response to your request for my opinion on a question arising from the following facts, which are reported in a letter to you from two City of Cabot aldermen: The City of Cabot adopted the Southern Building Code by ordinance 31-1997[.] The Southern Building Code on page section [sic] 102.2.1 authorizes the Governing Body of the City to appoint a Building Official. The city has an ordinance on the table to appoint the building Official and set his salary. In researching City ordinances and resolutions we find no record of a building official being appointed by the Council or the Mayor. The Building Official will be the Chief inspector in the building inspection section. The inspection section is not a department. The building Chief inspector is directly under the city engineer. The City engineer is over the planning section. The planning section is directly under the Public Works Director. Therefore this position definitely is not a Department Head as discussed in Arkansas code 14-42-110. On behalf of the two aldermen, you have posed a question I will paraphrase as follows: Is the attached proposed Cabot City Ordinance, which would appoint a city building official and set the salary for that position, in conflict with the provisions of A.C.A. § 14-42-110 or any other law? RESPONSE In my opinion, the answer to your question is "no." / \ Your question is the same as one I recently addressed in the attached Ark. Op. Att'y Gen. No. 2003-254. In that opinion, I offered the following conclusion: a [notwithstanding though A.C.A. § 14-42-110 affords the mayor a general power of appointment of department heads, C.A. § 14-56-202 makes it clear that the individual charged with the task of monitoring construction thin the city will be appointed by the city council. This express designation persuades me that the provisions of A.C.A. § 14-42-110, the legislature would give effect to the hiring http://syndicate.versuslaw.com/research/resultDoc.aspx 12/30/2004 VersusLaw Research Database is • Page 2 of 2 process specified in subsection 102.2.1 of the Standard Building Code, which the legislature has authorized the city to incorporate into its ordinances pursuant to A.C.A. § 14-55-207. Although I am neither equipped nor authorized to act as a finder of fact, if the background information recited above is accurate, it would appear that the "building official' could not properly be designated as a "department head" — a conclusion that would only reinforce my previous opinion that the city council, not the mayor, should determine who should serve as the building official and under what terms. Accordingly, I believe the proposed ordinance you have attached to your request is consistent with Arkansas law. Assistant Attorney General Jack Druff prepared the foregoing, which I hereby approve. Sincerely, MIKE BEEBE Attorney General MB:JD/cyh Enclosure 20030902 © 1992-2003 VersusLaw, Inc. http://syndicate.versuslaw.com/research/resultDoc.aspx 12/30/2004 VersusLaw Research Database • • Pagel of 5 Opinion No. 2003-254 Does the mayor's authority to appoint and remove department heads, pursuant to provisions of ACA 14- 42-110, apply to the appointment or hiring of a "building official" for the City? Q2) Is it a conflict for a council member to vote on this issue if the council member is in the residential construction, development or home inspection business and has a monetary interest which may be affected by the "building official's" authority? RESPONSE: Ql) In my opinion, the city council, not the mayor, has the authority to appoint a "building official." ACA sec. 14-56-202. Q2) Yes. August 26, 2003 The Honorable Susan Schulte State Representative #13 Sunbeam Circle Cabot, AR 72032 Dear Representative Schulte: I am writing in response to your request for my opinion on two questions relating to the hiring of a "building official" for the City of Cabot. You report the following facts: The City of Cabot has, by Ordinance, adopted the Southern Building Code. The Southern Building Code provides for the appointment of a "building official" responsible for enforcement of code provisions. (Section 102.2.1, Standard Building Code.) Members of the City Council now seek to present an Ordinance to the Council appointing an individual as "building official" and specifying his salary as $35,000.00 annually. The City Attorney has concluded that only the Mayor has the authority to make the appointment, .pursuant to A.C.A. § 14-42-110 as previously interpreted in AG Opinion Number 91-395. This dispute has prompted you to pose the following questions: Does the Mayor's authority to appoint and remove department heads pursuant to A.C.A. § 14-42-110 apply to the appointment or hiring of a "building official" for the City? Is it a conflict for a council member to vote on this issue if the council member is in the residential construction, development or home inspection business and has a monetary interest which may be affected by the "building official's" authority? In my opinion, the answer to your first question is probably "no," and the answer to your second question, assuming the council member indeed has a "monetary interest" in the building official's performance, is "yes." Question 1: Does the Mayor's authority to appoint and remove department heads pursuant to A.C.A. § 14-42-110 apply to the appointment or hiring of a "building official" for the City? In my opinion, it does not. http://syndicate.versuslaw.com/research/resu]tDoc.aspx 12/30/2004 VersusLaw Research Database • • Page 2.of 5 Section 14-42-110 of the Code (Repl. 1998) provides in pertinent part: (a)(1) Mayors in cities of the first class and second class and incorporated towns shall have the power to appoint and remove all department heads, including city and town marshals when an ordinance has been passed making city and town marshals appointed, unless the city or town council shall, by a two-thirds (2/3) majority of the total membership of the council, vote to override the mayor's action. Section 14-55-207 of the Code (Repl. 1998) provides in pertinent part: Every municipality in the State of Arkansas is authorized by the passage of a municipal ordinance to adopt by reference technical codes, regulations, or standards, without setting forth the provisions of the code or parts thereof, if three (3) copies of the code, or the pertinent parts thereof, and any related documents are filed in the office of the clerk of the municipality for inspection and view by the public prior to the passage of the ordinance. The term "technical codes" shall include any building, zoning, health, electrical, or plumbing codes, and the term "regulations" shall include any criminal code of the State of Arkansas. You report that the Cabot city council has in fact adopted the Standard Building Code, which provides for the establishment of a "building department" headed by a "building official." Subsection 102.2.1 of the Standard Building Code provides in pertinent part: The building official shall be appointed or hired by the applicable governing authority and shall not be removed from office except for cause after full opportunity has been given to be heard on specific charges before such applicable governing authority. (Emphasis added.) Section 14-56-202 of the Code further offers the following regarding the regulation of building in a city of the first class such as Cabot: The following enlarged and additional powers are conferred upon cities of the first class. They shall have the power to: (1) Regulate the building of houses; (2) Provide that no house or structure shall be erected within the city limits except upon a permit to be issued by such officer as the city council shall designate; and (3) Provide that no permit shall be issued for the building of any house or structure deemed to be unsafe, unsanitary, obnoxious, or detrimental to the public welfare. (Emphasis added.) At issue is whether the provisions just quoted supersede A.C.A. § 14-42-110 by locating the power to appoint the building official in the city council as opposed to the mayor. Applying standard principles of statutory interpretation, I believe this question should be answered in the affirmative. It is accepted in the construction of statutes that a general statute does not apply where there is a specific statute governing a particular subject matter. Donoho v. Donoho, 318 Ark. 637, 887 S.W.2d 290 (1994). Although A.C.A. § 14-42-110 affords the mayor a general power of appointment of department heads, A.C.A. § 14-56-202 makes it clear that the individual charged with the task of monitoring construction http://syndicate.versuslaw.com/research/resultDoc.aspx 12/30/2004 VersusLaw Research Database • • Page 3 of 5 within the city will be appointed by the city council. This express designation persuades me that notwithstanding the provisions of A.C.A. § 14-42-110, the legislature would give effect to the hiring process specified in subsection 102.2.1 of the Standard Building Code, which the legislature has authorized the city to incorporate into its ordinances pursuant to A.C.A. § 14-55-207. Having offered this opinion, I must acknowledge the alternative possibility that the legislature, in sanctioning the general practice of adopting codes and standards by reference, did not further intend to change the mayor's authority with respect to the hiring and appointment of department heads. The relevant legislative history provides some support for this possibility. Prior to the enactment of Acts 524 and 914 of 1995, A.C.A. § 14-42-110 provided in pertinent part: Unless otherwise provided by state law, mayors in cities of the first class and second class shall have the power to appoint and remove all department heads ... unless the city or town council shall, by a two- thirds (2/3) majority of the, total membership of the council, vote to override the mayor's action. (Emphasis added.) The emergency clause to Act 914 announced that the amendment, which included / striking the highlighted language, was necessary in order to ensure that vacancies be promptly filled, I presumably by vesting the power of appointment, subject to certain qualifications, in a single individual. However, even assuming Acts 524 and 914 of 1995 were generally intended to expand a mayor's power of an the fact remains that A.C.A. § 14-56-202(2), which has not been repealed expressly or by implication, specifies that the officer charged with issuing building permits, as is the "building official" in this instance, shall be appointed by the city council. As previously noted, it is well established that where a special statute governs a p4nicular subject, it will apply instead of a general / aw. Brown & Root, Inc. v. Hempstead County Sand and Gravel, Inc., 767 F.2d 464 (8th Cir. 1985). If the legislature intends to relocate this power of appointment in the mayor, I believe it must do so expressly and directly. Notwithstanding your suggestion to the contrary, I do not believe my predecessor's reasoning in Opinion No. 91-395 supports the conclusion that the mayor, as opposed to the city council, has the power to appoint the building official. Opinion No. 91-295 merely held that the mayor had the authority to appoint the police and fire chiefs, subject to the right of the city council, upon the mayor's request, to remove these officers. This opinion has no bearing on the issue of who has the authority to appoint a building official. As noted above, I believe A.C.A. § 14-56-202(2) vests this authority in the city council. Question 2: Is it a conflict for a council member to vote on this issue if the council member is in the residential construction, development or home inspection business and has a monetary interest which may be affected by the "building official's" authority? Assuming the council member in fact has a "monetary interest" in the building official's performance, I believe the answer to this question is "yes." In Ark. Op. Att'y Gen. No. 91-302, one of my predecessors offered the following conclusion regarding the status of a municipal building inspector: It is my opinion that a City Building Inspector would likely be deemed a municipal "officer" by a court faced with the question. His duties and compensation are usually set by city ordinance, and he is ordinarily appointed by the governing body. See generally A.C.A. § 14-56-202 (which refers to building inspectors as "officer[s]"). http://syndicate.versuslaw.com/research/resultDoc.aspx 12/30/2004 VersusLaw Research Database • • Page 4 of 5 Accord Ark. Op. Att'y Gen. No. 2000-210. 1 fully agree with this conclusion. In Ark. Op. Att'y Gen. No. 95-099, this office set forth the standard for determining whether a municipal officer faces a conflict of interests: With regard, generally, to the existence of a conflict, it has been stated that the phrase "conflict of interest," when used to suggest disqualification of a public official from performing his or her duties, ordinarily refers to "a clash between the public interest and the private pecuniary interest of the individual concerned." Gardner v. Nashville Housing Auth., 514 F.2d 38 (6th Cir. 1975). The "conflict of interest theory" is based "on the fact that an individual occupying a public position uses the trust imposed in him and the position he occupies to further his own personal gain. It is the influence he exerts in his official position to gain personally in spite of his official trust which is the evil the law seeks to eradicate." City of Coral Gables v. Weksler, 164 So.2d 260, 263 (Fla. App. 1964). See also generally 63A Am. Jur. 2d Public Officers and Employees § 321 (1984). The furtherance of the officer's personal interest is thus the focal point of the unlawful conflict of interest theory. See Van Hovenberg v. Holman, 201 Ark. 370,144 S.W.2d 719 (1940). In Ark. Op. Att'y Gen. No. 2000-072, another of my predecessors elaborated as follows: The common law prohibition against conflicts of interest is reflected in the following description of the public policy underlying the principle: A public office is a public trust ... and the holder thereof may not use it directly or indirectly for personal profit, or to further his own interest, since it is the policy of law to keep an official so far from temptation as to insure his unselfish devotion to the public interest. Officers are not permitted to place themselves in a position in which personal interest may come into conflict with the duty which they owe to the public, and where a conflict of interest arises, the office holder is disqualified to act in the particular matter and must withdraw. 67 C.J.S. Officers § 204. See also Ops. Att'y Gen. 99-349; 98-275; 94-283; and 94-446, citing Van Hovenberg v. Holman, 201 Ark. 370, 144 S.W.2d 719 (1940); Madden v. United States Associates, 40 Ark. App. 143, 844 S.W.2d 374 (1992); Acme Brick Co. v. Missouri Pacific R.R., 307 Ark. 363, 821 S.W.2d 7 (1991); and 63A Am. Jur. 2d Public Officers and Employees § 321. The above -quoted policy statement concerning conflicts of interest makes clear that in situations where a common law conflict of interest is present, it may be appropriate for the affected public servant to abstain from participating in any decision -making procedure that would impact upon his or her personal interests, so as to avoid the temptation of placing his self-interest above the interest of those he was elected to represent. This policy statement appears to indicate that the wrong to be avoided is the placing of self-interest above public duty. Whether a wrong of this nature has occurred is entirely a question of fact and can only be established by the presentation of factual evidence showing both the motivation and the effect of the public servant's act. Applying the above principles to the particular facts of this case should be relatively straightforward. If, as your question suggests, the council member indeed has a "monetary interest" in the building official's decisions, it would appear that he should abstain from voting on the appointment pursuant to the common-law conflict of interests doctrine. However, determining whether any such monetary interest exists will entail conducting a factual inquiry of the sort that I am neither equipped nor authorized to undertake. http://syndicate.versuslaw.com/research/resultDoc.aspx 12/30/2004 1022 - 104.7 102.2 Other laws: The provisions of this code shall not be deemed'tomul ifyarryTrovisions of local, state or.federalrlaw. 102.3 Application of references. Refetances to chapter or section numbers, or to provisions not specifically identified by number, shall be construed to refer to such chapter, section or provision of this code. 102.4 Referenced codes and standards. The codes and stan- dards referenced in this code shall be considered part of the requirements of this code to the prescribed extent of each such reference. Where differences occur between provisions of this code and referenced codes and standards, the provi- sions of this code shall apply. 1025 Partial invalidity. In the event any part or provision of this code is held to be illegal or void, this shall not have the effect of making void or illegal any of the other pacts or pro- visions. 102.6 Existing structures. The legal occupancy of any struc- ture existing on the date of adoption of this code shall be per- mitted to continue without change, except as is specifically covered in this code, the International Property Maintenance Code or the International Fire Code, or as is deemed neces- sary by the building official for the general safety and wel- fare of the occupants and the public. Z OOO SECTION 103 ✓fro ✓1 DEPARTMENT OF BUILDING SAFETY 103.1 Creation ofenforcement agency. Thmdepartment of . buifding •safety .is.hereby created.and. the. official, in,charge, t thereof shall be known as the building official., 103.2 ApPointmenLThe.building,official,shall be appointed by the chief appointing authority of the jurisdiction.= 103.3 Deputies. In accordance with the prescribed proce- dures of this jurisdiction and with the concurrence of the appointing authority, the building official shall have the authority to appoint a deputy building official, the related technical officers, inspectors,plan examiners and other employees. Such employees shall have powers as delegated by the building official. For the maintenance of existing properties, see the International Property Maintenance Code. SECTION 104 DUTIES AND POWERS OF BUILDING OFFICIAL 104.1 General. The building official is hereby authorized and directed to enforce the provisions of this code. The build- ing official shall have the authority to render interpretations of this code and to adopt policies and procedures in order to ADMINISTRATION clarify the application of its provisions. Such interpretations, policies and procedures shall be in compliance with the intent and purpose of this code. Such policies and procedures shall not have the effect of waiving requirements specifically pro- vided for in this code. 104.2 Applications and permits. The building official shall receive applications, review construction documents and issue permits for the erection, and alteration, demolition and moving of buildings and structures, inspect the premises for which such permits have been issued and enforce compliance with the provisions of this code. 104.3 Notices and orders. The building official shall issue all necessary notices or orders to ensure compliance with this code. 104-4Inspection& The building official shall make all of the required inspections, or the building official shall have the authority to accept reports of inspection by approved agen- cies or individuals. Reports of such inspections shall be in writing and be certified by a responsible officer of such approved agency or by the responsible individual. The build- ing official is authorized to engage such expert opinion as deemed necessary to report upon unusual technical issues that arise, subject to the approval of the appointing authority. 1045 Identification. The building official shall carry proper identification when inspecting structures or premises in the performance of duties under this code. 104.6 Right of entry. Where it is necessary to make an inspection to enforce the provisions of this code, or where the building official has reasonable cause to believe that there exists in a structure or upon a premises a condition which is contrary to or in violation of this code which makes the struc- ture or premises unsafe, dangerous or hazardous, the building official is authorized to enter the structure or premises at rea- sonable times to inspect or to perform the duties imposed by this code, provided that if such structure or premises be occu- pied that credentials be presented to the occupant and entry requested. If such structure or premises is unoccupied, the building official shall first make a reasonable effort to locate the owner or other person having charge or control of the structure or premises and request entry. If entry is refused, the building official shall have recourse to the remedies provid- ed by law to secure entry. 104.7 Department records. The building official shall keep official records of applications received, permits and certifi- cates issued, fees collected, reports of inspections, and notices and orders issued. Such records shall be retained in the official records for the period required for retention of public records. I D2.6-104.10 102.6 Existing structures. The legal occupancy of any struc- ture existing on the date of adoption of this code shall be per- mitted to continue without change, except as is specifically covered in At Fire Prevention Code Volumes I and H, or as is deemed necessary by the building official and/or the fire official for the general safety and welfare of the occupants and the public. Z�dy 4,0A SECTION 103 oY6EPARTMENT OF BUILDING SAFETY r 103.1 Creation of enforcement agency. Local jurisdictions are authorized to establish a department to be called the building department and the person in charge shall be known act e building official. * Section 103.2 Deleted. 103.3 Deputies. In accordance with the prescribed proce- dures of this jurisdiction and with the concurrence of the appointing authority, the building official shall have the authority to appoint a deputy building official, the related technical officers, inspectors, plan examiners and other employees. Such employees shall have powers as delegated by the building official SECTION 104 DUTIES AND POWERS OF BUILDING OFFICIAL 104.1 General. The building official is hereby authorized and directed to enforce the provisions of this code. The build- ing official shall have the authority to render interpretations of this code and to adopt policies and procedures in order to clarify the application of its provisions. Such interpretations, policies and procedures shall be in compliance with the intent and purpose of this code. Such policies and procedures shall not have the effect of waiving requirements specifically pro- vided for in this code. 104.2 Applications and permits. The building official shall receive applications, review construction documents and issue permits for the erection, and alteration, demolition and moving of buildings and structures, inspect the premises for which such permits have been issued and enforce compliance with the provisions of this code. 1043 Notices and orders. The building official shall issue all necessary notices or orders to ensure compliance with this code. 104A Inspections. The building official shall make all of the required inspections, or the building official shall have the authority to accept reports of inspection by approved agen- cies or individuals. Reports of such inspections shall be in writing and be certified by a responsible officer of such approved agency or by the responsible individual. The build- ing official is authorized to engage such expert opinion as deemed necessary to report upon unusual technical issues that arise, subject to the approval of the appointing authority. ADMINISTRATION 104.5Identification. The building official shall carry proper identification when inspecting structures or premises in the performance of duties under this code. 104.6 Right of entry. Where it is necessary to make an inspection to enforce the provisions of this code, or where the building official has reasonable cause to believe that there exists in a structure or upon a premises a condition which is contrary to or in violation of this code which makes the struc- ture or premises unsafe, dangerous or hazardous, the building official is authorized to enter the structure or premises at rea- sonable times to inspect or to perform the duties imposed by this code, provided that if such structure or premises be occu- pied that credentials be presented to the occupant and entry requested. If such structure or premises is unoccupied, the building official shall fast make a reasonable effort to locate the owner or other person having charge or control of the structure or premises and request entry. If entry is refused, the building official shall have recourse to the remedies provid- ed by law to secure entry. 104.7 Department records. The building official shall keep official records of applications received, permits and certifi. cates issued, fees collected, reports of inspections, and notices and orders issued. Stich records shall be retained in the official records for the period required for retention of public records. 104.8 Liability. The building official, member of the board of appeals or employee charged with the enforcement of this code, while acting for the jurisdiction in good faith and with- out malice in the discharge of the duties required by this code or other pertinent law or ordinance, shall not thereby be ren- dered liable personally and is hereby relieved from personal liability for any damage accruing to persons or property as a result of any act or by reason of an act or omission in the dis- charge of official duties. Any suit instituted against an officer or employee because of an act performed by that officer or employee in the lawful discharge of duties and under the pro- visions of this code shall be defended by legal representative of the jurisdiction until the final termination of the proceed- ings. The building official or any subordinate shall not be liable for cost in any action, suit or proceeding that is insti- tuted in pursuance of the provisions of this code. 104.9 Approved materials and equipment. Materials, equipment and devices approved by the building official shall be constructed and installed in accordance with such approval. 104.9.1 Used materials and equipment. The use of used materials which meet .the requirements of this code for new materials is permitted. Used equipment and devices shall not be reused unless approved by the building offi- cial. 104.10 Modifications. Wherever there are practical difficul- ties involved in can ring out the provisions of this code, the INTERNATIONAL BUILDING CODEOIARKANSAS 2W2 From: Clarice Pearman To: Williams, Kit Subject: Res.17-05 Attached is the resolution passed by the City Council February 1, 2005 regarding building official appointment. COX Communication's Cable TV in Fire Station 8 Keith Macedo Submitted By City of Fayetteville Staff Review Form 2022-0341 Legistar File ID N/A City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 4/11/2022 INFORMATION TECHNOLOGY (170) Submitted Date Division / Department Action Recommendation: Staff recommends authorizing the attached service order to authorize COX Communication's to install cable TV service in the new Fire Station 8 and provide monthly cable TV service for 36 months. Budget Impact: 1010.300.3020-5310.01 Account Number Project Number Budgeted Item? Yes Current Budget Funds Obligated Current Balance Does item have a cost? Yes Item Cost Budget Adjustment Attached? No Budget Adjustment Remaining Budget r General Fund Fund Project Title $ 114,600.00 $ 22,953.81 $ 91,646.19 $ 2,106.00 $ - $ 89,540.19 V20210527 Purchase Order Number: Previous Ordinance or Resolution # RES 17-05 Change Order Number: Original Contract Number: Comments: Approval Date: 4-13-22 CITY OF dfFAYETTEVILLE , ARKANSAS TO: Mayor Jordan THRU: Susan Norton, Chief of Staff FROM: Keith Macedo, Information Technology Director DATE: April 11, 2022 STAFF MEMO SUBJECT: Staff recommends authorizing the attached service order to authorize COX Communication's to install cable TV service in the new Fire Station 8 and provide monthly cable TV service for 36 months. RECOMMENDATION: Staff recommends authorizing the attached service order to authorize COX Communication's to install cable TV service in the new Fire Station 8 and provide monthly cable TV service for 36 months. BACKGROUND: City Council approved a 5-year agreement with Cox Communications to provide telecommunication services on September 5, 2017, via Resolution 17-05. Fire Station 8 is on track to be completed in May of 2022 and will need cable TV service to the station. DISCUSSION: The attached service order will authorize COX Communication's to install cable TV service in Fire Station 8 and approve a 36-month term to provide monthly cable service. The service order is pursuant to the terms and condition of resolution 17-05 but does not extend the 5-year agreement for other services, only for Fire Station 8. BUDGET/STAFF IMPACT: The attached service order requires a signature to approve a one-time installation fee of $450.00 and a monthly fee of $206.91 for a 36-month term, plus applicable taxes. Funding for the installation and monthly cable TV fees is available within the Fire Operations Utility Telephone operations account, 1010.300.3020-5310.01. Attachments: Staff review form, Staff review memo, COX Communication's Service Order. Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 COX BUSINESS MSA Service Order Form 41512022 Cox Account Rep: James Lashley Cox System Address ; Phone Number: 4941 S 48th St Springdale, AR 72764 Fax Number: Customer Information Authorized Customer Representative Information Legal Company Name: Fire Station 8 Full Name: Keith Macedo Street Address: 2262 W Deane St Billing Telephone: (111)111-1111 City/StatelZip: Fayetteville, AR 72703 Fax: Billing Address: 113 W Mountain St Contact Number: (479) 575-8320 CitylStatelZip- Fayetteville, AR 72701 Email: walkerpark@ksarcoxmail.com Cox Account #: Federal Tax ID: Taxes,and.Fees.Not.lncluded '- .From To. QTY : Unit, Term - iMonthlOec ling T One 4ime .- Service Discription QTM. price Months"... -:Baru"ice.Cfiar" es... Service,Cfiar Contour TV Package - 0 8 $0.00 36 $0.00 $0.00 Additional Outlets Business TV Starter - 0 8 $4.00 36 $32.00 $0.00 Additional Outlet Next Gen Contour HD Client 0 6 $11.99 36 $71.94 $0.00 Receiver Business TV Essential 0 8 $8.00 36 $64.00 $0.00 Service - Additional Outlet Next Gen Contour HD Host 0 2 $11.99 36 $23.98 $0.00 Receiver non-DVR Contour TV Package 0 1 $0.00 36 $0.00 $0.00 Business TV Starter 0 1 $0.00 36 $0.00 $0.00 Business TV Essential 0 1 $0.00 36 $0.00 $0.00 Service Regional Sports Surcharge 0 1 $3.00 36 $3.00 $0.00 Non -Food Establishment Next Gen Contour HD Host 0 1 $11.99 36 $11.99 $0.00 Receiver non-DVR Install Fees Business TV Install - 0 9 $50.00 0 $0.00 $450.00 Standard Totals: $206.91 1 $450.00 This Service Order is attached to and incorporated into the Master Retail Services Agreement between Cox and Customer (the "Agreement"). The Services described in this Service. Order are subject to the Terms and Conditions contained in the Agreement. To the extent of any conflict between the terms and conditions in his Service Order and the Agreement, the Service Order shall control. By signing this Service Order, you represent that you are the authorized Customer representative and the information above is true and correct. The prices above do not include applicable taxes, fees, assessments or surcharges which are additional and may change. Cox may terminate this Service Order without liability at any time prior to installation of Services or if Cox determines that the Customer's location is not reasonably serviceable according to Cox's standard practices. Each Party may use electronic signature to sign this Service Order, provided the electronic signature method used by Customer is acceptable to Cox. "Acceptance" of this Service Order by Cox shall occur upon the earlier of (i) Cox's countersignature of this service Order or (ii) Cox's installation of the Service described above at the Customer's location. If Customer cancels this Service Order prior to installation by Cox of the Services described above, Customer shall be liable for Cox's cost incurred. I acknowledge that I have read and understand the 911 disclosures in the Agreement and in the General Terms. Customer Author" ed Sign_ure CoxCom, LLC.; Cox Arkansas Telcom, LLC Signature + ignat re: ------- It 40 Signature: Prin io eld J an Print: Title"Position: ayor Title Position: Date: 4-13-22 Date: r / / t �ZL COX Communication Fire Station 9 Keith Macedo Submitted By City of Fayetteville Staff Review Form 2022-0422 Legistar File ID N/A City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 5/4/2022 INFORMATION TECHNOLOGY (170) Submitted Date Division / Department Action Recommendation: Staff recommends authorizing the attached service order to authorize COX Communication's to install cable TV service in the new Fire Station 9 and provide monthly cable TV service for 36 months. 1010.300.3020-5310.01 Account Number Project Number Budgeted Item? Yes Does item have a cost? Yes Budget Adjustment Attached? No Budget Impact: Current Budget Funds Obligated Current Balance Item Cost Budget Adjustment Remaining Budget General Fund Fund Project Title $ 114,600.00 $ 22,953.81 � 91,646.19 $ 2,106.00 89, 540.19 V20210527 Purchase Order Number: Previous Ordinance or Resolution # RES 17-OS Change Order Number: Original Contract Number: Comments: Approval Date: 5-9-22 CITY OF FAYETTEVILLE WAd ARKANSAS TO: Mayor Jordan THRU: Susan Norton, Chief of Staff FROM: Keith Macedo, Information Technology Director DATE: May 4, 2022 STAFF MEMO SUBJECT: Staff recommends authorizing the attached service order to authorize COX Communication's to install cable TV service in the new Fire Station 9 and provide monthly cable TV service for 36 months. RECOMMENDATION: Staff recommends authorizing the attached service order to authorize COX Communication's to install cable TV service in the new Fire Station 9 and provide monthly cable TV service for 36 months. BACKGROUND: City Council approved a 5-year agreement with Cox Communications to provide telecommunication services on September 5, 2017, via Resolution 17-05. Fire Station 9 is on track to be completed in June of 2022 and will need cable TV service to the station. DISCUSSION: The attached service order will authorize COX Communication's to install cable TV service in Fire Station 9 and approve a 36-month term to provide monthly cable service. The service order is pursuant to the terms and condition of resolution 17-05 but does not extend the 5-year agreement for other services, only for Fire Station 9. BUDGET/STAFF IMPACT: The attached service order requires a signature to approve a one-time installation fee of $450.00 and a monthly fee of $206.91 for a 36-month term, plus applicable taxes. Funding for the installation and monthly cable TV fees is available within the Fire Operations Utility Telephone operations account, 1010.300.3020-5310.01. Attachments: Staff review form, Staff review memo, COX Communication's Service Order. Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 DocuSign Envelope ID: OB7BD9A6-0958-4DOC-BCIE-8AE166FE65E3 Cox BUSINESS MSA Service Order Form 412812022 Cox Account Rep: James Lashley Cox System Address Phone Number: 4941 S 48th St Springdale, AR 72764 Fax Number: Customer Information Authorized Customer Representative Information Legal Company Name: Fayetteville Fire Station # 9 Full Name: Keith Macedo Street Address: 2250 S School Ave Billing Telephone: (000) 000-0000 CitylStatelZip: Fayetteville, AR 72701 Fax: Billing Address: 2250 S School Ave Contact Number: (479) 575-8320 City/State/Zip: Fayetteville, 72701 AR Email: walkerpark@ksarcoxmail.com Cox Account #: Federal Tax ID: Taxes and Fees Not Included From To QTY Unit Term Monthly Recurring One Time Service Description QTY Price Months Service Charges Service Charges Contour TV Package 0 1 $0.00 36 $0.00 $0.00 Business TV Starter 0 1 $0.00 36 $0.00 $0.00 Business TV Essential 0 1 $0.00 36 $0.00 $0.00 Service Regional Sports Surcharge 0 1 $3.00 36 $3.00 $0.00 Non -Food Establishment Advanced TV (Digital 0 1 $0.00 36 $0.00 $0.00 Gateway) Next Gen Contour HD Host 0 1 $11.99 36 $11.99 $0.00 Receiver non-DVR Contour TV Package - 0 8 $0.00 36 $0.00 $0.00 Additional Outlets Business TV Starter - 0 8 $4.00 36 $32.00 $0.00 Additional Outlet Business TV Essential 0 8 $8.00 36 $64.00 $0.00 Service - Additional Outlet Advanced TV (Digital 0 1 $0.00 36 $0.00 $0.00 Gateway) - Additional Outlet Next Gen Contour HD Client 0 6 $11.99 36 $71.94 $0.00 Receiver Next Gen Contour HD Host 0 2 $11.99 36 $23.98 $0.00 Receiver non-DVR Install Fees Business TV Contour Primary 0 1 $0.00 0 $0.00 $0.00 Receiver Install Business TV Contour 0 8 $0.00 0 $0.00 $0.00 Secondary Receiver Install CB HD Contour Receiver Self 0 8 $0.00 0 $0.00 $0.00 -Install Kit DocuSign Envelope ID: OB7BD9A6-0958-4DOC-BCIE-8AE166FE65E3 Business TV Install - I 0 I 9 I $50.00 I 0 I $0.00 I $450.00 Standard Totals: $206.91 1 $450.00 DocuSign Envelope ID: OB7BD9A6-0958-4DOC-BCIE-8AE166FE65E3 This Service Order is attached to and incorporated into the Master Retail Services Agreement between Cox and Customer (the "Agreement"). The Services described in this Service Order are subject to the Terms and Conditions contained in the Agreement. To the extent of any conflict between the terms and conditions in his Service Order and the Agreement, the Service Order shall control. By signing this Service Order, you represent that you are the authorized Customer representative and the information above is true and correct. The prices above do not include applicable taxes, fees, assessments or surcharges which are additional and may change. Cox may terminate this Service Order without liability at any time prior to installation of Services or if Cox determines that the Customer's location is not reasonably serviceable according to Cox's standard practices. Each Party may use electronic signature to sign this Service Order, provided the electronic signature method used by Customer is acceptable to Cox. "Acceptance" of this Service Order by Cox shall occur upon the earlier of (i) Cox's countersignature of this service Order or (ii) Cox's installation of the Service described above at the Customer's location. If Customer cancels this Service Order prior to installation by Cox of the Services described above, Customer shall be liable for Cox's cost incurred. I acknowledge that I have read and understand the 911 disclosures in the Agreement and in the General Terms. Customer Authored Signature CoxCom, LLC.; Cox Arkansas Telcom, LLC Signature �,l,%rn Do uSigned by: Q�ti ��-! Signature:' Signature: L-4 ... 434-4— Print: Lioneld Print: Todd Parker Title Position: Mayor Title Position: District Manage Date: 5-9-22 Date: 4/28/2022 4 DEPARTMENTAL CORRESPONDENCE OFFICE OF THE CITY ATTORNEY TO: Mayor Jordan City Council City Clerk Kara Paxton CC: Susan Norton, Chief of Staff Paul Becker, Chief Financial Officer Chris Brown, Public Works Director Terry Gulley, Asst. Public Works Director Jonathan Curth, Development Services Director Steven Dotson, Internal Auditor FROM: Kit Williams, City Attorney DATE: May 2, 2022 RE: Mayor recuperating at home and performing essential duties Kit Williams City Attorney Blake Pennington Assistant City Attorney Jodi Batker Paralegal Mayor Jordan is currently recuperating at home, but is fully capable and performing the essential duties of his office. One such duty was to clarify how and when his approval through use of his signature stamp could be exercised. Ordinances, Resolutions, Contracts and other documents approved by the City Council may have the Mayor's signature stamp applied upon the unanimous agreement of the Chief of Staff, Chief Financial Officer and City Attorney. A similar procedure was used during a rare week or longer vacation for the Mayor years ago where cell phone service at his vacation spot was not always reliable. An initial draft of his authority for use of his signature stamp was signed by Mayor Jordan on Friday April 29th and is attached. Mayor Jordan has just signed an updated and more specific and complete authorization detailing what the City Staff should do during this period when staff may speak with him for any necessary decisions or instructions, but when City Staff is authorized to perform housekeeping, ministerial, and uncontroversial actions on the Mayor's behalf. This replacement authority dated today is also attached and supersedes the April 29th authorization. Mayor Jordan has also designated his Chief of Staff to handle most of his normal meetings duties until his full time return to the office. The Vice Mayor shall conduct all City Council meetings and Agenda sessions as the Mayor recuperates. If any document proposed for the Mayor's signature has any questionable aspect, the Chief of Staff shall inquire upon Mayor Jordan's decision before his signature stamp is used or withheld. Mayor Jordan remains able to perform his necessary official duties although much of the noncontroversial, house -keeping measures will be handled by his Chief of Staff and necessary signatures by use of his signature stamp so the Mayor can get more needed rest. In the unlikely event that Mayor Jordan would be deemed by a Circuit Court as being "unable to perform the duties of office", Mayor Jordan has signed the attached Designation of Chief of Staff Susan Norton to Perform the Duties of the Office of Mayor If and When Necessary. A.C.A. §14-43-501 (b)(3)(C) provides that "one of the following individuals may perform all functions of a mayor during the disability or absence of the mayor: (C) An unelected employee or resident of the city if designated by the mayor and approved by the City Council." If the City Council does not approve the Mayor's designation of Chief of Staff Susan Norton, then the Mayor has designated Vice Mayor Sarah Bunch who as an "elected official of the city" does not need approval of the City Council. (A.C.A. §14-43-501 (b)(3)(B). 2 OFFICE OF THE MAYOR April 29, 2022 I, Lioneld Jordan, Mayor of the City of Fayetteville, do hereby authorize the following approval procedures to be used during any period I am absent from the City, under the following conditions: Until I return to regular office hours Chief of Staff, Susan Norton will have the final approval necessary for Legistar items My signature stamp may be used for all of the following: 1. Approval of documents deemed necessary and appropriate by the unanimous agreement of the following: o Susan Norton -Chief of Staff o Paul Becker -Chief Financial Officer o Kit Williams -Fayetteville City Attorney 2. Ordinances, resolutions, contracts and deeds as needed for items already approved by the Fayetteville City Council 3. Development documents and other non -agenda items after their approval through the Le istar process Lioneld Jordan, yor Date Signed 7 ?46_b�_ � �Od� a Witness City of Fayetteville 113 W. Mountain Street Fayetteville, AR 72701 www.fayetteville-ar.gov OFFICE OF THE MAYOR May 2, 2022 I, Lioneld Jordan, Mayor of the City of Fayetteville, do hereby authorize the following updated approval and signatory procedures to be used during any week or longer period of time if I need some of my more signatory and ministerial and/or in -person meeting duties performed for me until I return to full-time status: • Chief of Staff Susan Norton will have the final approval necessary for Legistar items • My signature stamp may be used to approve all of the following: 1. Approval of documents deemed necessary and appropriate by the unanimous agreement of the following: o Susan Norton -Chief of Staff o Paul Becker -Chief Financial Officer o Kit Williams -Fayetteville City Attorney 2. Ordinances, resolutions, contracts and deeds as needed for items already approved by the Fayetteville City Council 3. Development documents and other non -agenda items after their approval through the Legistar process • Chief of Staff Susan Norton may chair and attend any and all of the meetings I normally chair or attend (except City Council meetings and Agenda Sessions). Other staff who are already e powered to represent me in regional boards or commissions may continue to represent me those boardsiand comLssion,' Lioneld Jordan, y S- 2- 2 2 Date Signed City of Fayetteville 113 W. Mountain Street Fayetteville, AR 72701 www.fayetteville-ar.gov OFFICE OF THE MAYOR Designation of Chief of Staff Susan Norton To Perform The Duties Of The Office Of Mayor If And When Necessary I, Mayor Lioneld Jordan, remain capable of performing the essential duties of my office while 1 recuperate in the hospital or at home. I have established proper procedural guidelines so that my signature stamp may be used instead of my written signature on documents approved by the City Council such as Ordinances, Resolutions, Contracts, Grant Application and Acceptances, and Deeds. If I become temporarily unable to perform the duties of the Office of Mayor, I hereby designate pursuant to A.C.A. §14-43-501 (b)(3)(C) that Chief of Staff Susan Norton shall assume the powers and duties of Fayetteville Mayor until I am able to resume such powers and duties myself. If the City Council fails to approve my designation of Chief of Staff Susan Norton to perform all functions of Mayor, then I designate Vice Mayor Sarah Bunch pursuant to A.C.A. §14-43-501(b)(3)(B) to perform all functions of Mayor until) am again able to perform the duties and functions of Mayor of Fayetteville. 5- a- a� Date Witness LIONELD Mayor City of Fayetteville 113 W. Mountain Street Fayetteville, AR 72701 www.fayetteville-ar.gov Commercial Services Agreement Amendment with Cox Communication City of Fayetteville Staff Review Form 2022-0847 Legistar File ID N/A City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item Keith Macedo 9/6/2022 INFORMATION TECHNOLOGY (170) Submitted By Submitted Date Division / Department Action Recommendation: Staff recommends authorizing the attached Commercial Services Agreement Amendment with Cox Communication's to provide telecommunications services for the new Police Headquarters. Budget Impact: 1010.200.29005310.01 General Fund Account Number Project Number Budgeted Item? Yes Current Budget Funds Obligated Current Balance Does item have a cost? Yes Item Cost Budget Adjustment Attached? No Budget Adjustment Remaining Budget Fund Project Title $ 112,332.00 $ 68,064.59 5 44,267.41 $ 2,090.00 $ 42,177,41 V20210527 Purchase Order Number: Previous Ordinance or Resolution # RES 17-05 Change Order Number: Original Contract Number: Comments: Approval Date: 09/09/22 CITY OF FAYETTEVILLE ARKANSAS TO: Mayor Jordan THRU: Susan Norton, Chief of Staff FROM: Keith Macedo, Information Technology Director DATE: September 6, 2022 STAFF MEMO SUBJECT: Staff recommends authorizing the attached Commercial Services Agreement Amendment with Cox Communication's to provide telecommunications services for the new Police Headquarters. RECOMMENDATION: Staff recommends authorizing the attached Commercial Services Agreement Amendment with Cox Communication's to provide telecommunications services for the new Police Headquarters. BACKGROUND: City Council approved a five-year agreement, via resolution 17-05 on September 5, 2017, with Cox Communications to provide telecommunication services to the City. Resolution 17-05 includes the ability to renew the agreement for up to five additional one-year terms. The initial term of the agreement ended on September 5, 2022 and the City extended the agreement for an additional one-year term. DISCUSSION: The attached agreement amendment provides Metro-E network connectivity and phone service for the new Police Headquarters. The new services will connect the Police Headquarters to the City's network and provide phone services. The amendment was negotiated to be co -termed with Resolution 17-05 and can be either extended or canceled as part of the annual Cox agreement terms clause. BUDGET/STAFF IMPACT: The attached amendment includes a $800 one-time installation service charge and a monthly fee of $1290.00, plus applicable taxes. Funding is available within the Police Support Services operations account. Attachments: Staff review form, Staff review memo, Cox Communication Commercial Services Agreement Amendment Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 DocuSign Envelope ID: 2DD11BA8-4371-4692-9516-DFOBI7FFC3EC COX BUSINESS Amendment To Commercial Services Agreement 8/18/2022 Cox Account Rep: James Lashley Cox System Address Phone Number: 14798792362 4941 S 48th St Fax Number: Springdale, AR 72764 Customer Information Authorized Customer Representative Information Legal Company Name: City of Fayetteville Police Full Name: Keith Macedo Street Address: 1800 N Porter Rd Billing Telephone: (479) 575-8330 City/State/Zip: Fayetteville, AR 72704 Fax: Billing Address: 1800 N Porter Rd Contact Number: (479) 575-8320 City/State/Zip: Fayetteville, 72704 AR Email: walkerpark@ksarcoxmail.com Cox Account #: Merge Bill No Service Description From To Unit Term Monthly One Time QTY QTY Price (Months) Recurring Service Charges Service Charges Metro E-1Gb UNI Interstate 0 1 $975.00 Cotermino $975.00 $0.00 us EVC Standard Interstate 0 1 $0.00 Cotermino $0.00 $0.00 us Contour TV Package 0 1 $0.00 Cotermino $0.00 $0.00 us Business TV Starter 0 1 $0.00 Cotermino $0.00 $0.00 us Business TV Essential Service 0 1 $0.00 Cotermino $0.00 $0.00 us Regional Sports Surcharge Non -Food 0 1 $0.00 Cotermino $0.00 $0.00 Establishment us Advanced TV (Digital Gateway) 0 1 $0.00 Cotermino $0.00 $0.00 us Next Gen Contour HD Host Receiver (non 0 1 $0.00 Cotermino $0.00 $0.00 -DVR) us Flat Rated SIP Trunk Group 0 1 $0.00 Cotermino $0.00 $0.00 us SIP Voice Path - 2 Way 0 20 $6.00 Cotermino $120.00 $0.00 us SIP Voice Path - Burstable 2 Way 0 10 $0.00 Cotermino $0.00 $0.00 us DID Per Number Block - 100 0 1 $5.00 Cotermino $5.00 $0.00 us DocuSign Envelope ID: 2DD11BA8-4371-4692-9516-DFOBI7FFC3EC Interstate Rate $0.03 and Intrastate Rate 0 1 $0.00 Cotermino $0.00 $0.00 $0.03 us 5Mb SIP Trunk Group Port 0 1 $190.00 Cotermino $190.00 $0.00 us Taxes &Fees From To Unit Term Monthly One Time QTY QTY price (Months) Recurring Service Charges Service Charges Business TV Install - Standard 0 1 $50.00 Cotermino $0.00 $50.00 us SIP Turn Up 0 1 $250.00 Cotermino $0.00 $250.00 us Metro E-Install 1Gb Interstate 0 1 $500.00 Cotermino $0.00 $500.00 us Metro E-Install EVC Interstate 0 1 $0.00 Cotermino $0.00 $0.00 us Totals: 1 $1290.00 1 $800.00 Totals exclude taxes, fees, and surcharges. Visit http:llwww.coxbusiness.comitaxesandfees for more information DocuSign Envelope ID: 2DD1 1 BA8-4371-4692-951 6-D FOB 1 7FFC3EC By signing this Amendment to Commercial Services Agreement ("Amendment"), Customer represents that it is the authorized Customer representative and the information above is true and correct. This Amendment amends the Commercial Services Agreement last executed by Cox and Customer (the "CSA") and binds Customer to the terms and conditions contained in this Amendment and in the CSA, including without limitation, (i) the Service Terms incorporated into the CSA, (ii) the General Terms located at http:llww2.cox.com/aboutus/policies/business-general-terms.cox and (iii) any other terms and conditions applicable to the Services, including without limitation, the Cox tariffs, Service Guides set forth at http:llww2.cox.com/business/voice/regulatory.cox, State and Federal regulations, the AUP posted at http:llww2.cox.com/aboutus/policieslbusiness-policies.cox (the "AUP"), and Cox's Internet Service Disclosures located atwww.cox.com/internetdisclosures. Customer acknowledges receipt and acceptance of the Service Terms, the AUP, General Terms, and all other referenced terms and conditions by signing this Amendment. This Amendment is subject to credit approval and Customer authorizes Cox to check credit. The prices above do not include applicable taxes, fees, assessments or surcharges which are additional and may change. This proposal is valid provided Customer signs and delivers this Amendment to Cox unchanged within thirty (30) days from the date above. By signing this Amendment, Customer acknowledges that if (i) the transport Service(s) (e.g. Private Line Type Services, Ethernet Services) cross state boundaries or (ii) at least 10% of traffic on said transport Service(s) is Interstate in nature or designated for Internet traffic, then the entire transport Service(s) is considered Interstate. Customer has reviewed the interstatelintrastate designation of the transport Service(s) listed in the Service Description above and attests that all such designations are correct. Each party may use electronic signatures to sign this Amendment, provided the electronic signature method used by Customer is acceptable to Cox. This Amendment shall be effective upon execution by Customer and "Acceptance" by Cox. "Acceptance" of this Amendment by Cox shall occur upon the earlier of (i) Cox's countersignature of this Amendment or (ii) Cox's implementation of the changes to the Agreement that are set forth in this Amendment. Customer acknowledges that it has read and understands the 911 disclosures in Section 2 of the Service Terms. Customer Authorized Signature CoxCom, LLC.; Cox Arkansas Telcom, LLC Signature Signature: ed by: Signature: EQa,,kAA. LEBD43C Print: Lioneld J an Print: Todd Parker Title Position: May r Title Position: District Manager Date: 09/09/22 Date: 8/18/2022