Public Packet - City Council

Transcription

Public Packet - City Council
AGENDA ● MARCH 17, 2014
Council Chambers
Regular Meeting
10:00 AM
402 LEE STREET NE
DECATUR, AL 35601
Council President
Gary Hammon
Decatur City
District 1
District 2
Billy Jackson
Roger Anders
District 4
District 5
Charles Kirby
Chuck Ard
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Agenda
City Council
March 17, 2014
I. CALL TO ORDER
II. INVOCATION:
III.
PLEDGE OF ALLEGIANCE:
IV. ROLL CALL OF ELECTED OFFICIALS:
V. APPROVAL OF MINUTES:
A. February 24, 2014 - Work Session (Fire Chief)
(Requested by Stacy Gilley, City Clerk)
B. February 24, 2014 - Work Session Minutes
(Requested by Stacy Gilley, City Clerk)
C. March 3, 2014 - Work Session Minutes
(Requested by Stacy Gilley, City Clerk)
D. City Council - Regular Meeting - Mar 3, 2014 6:00 PM
VI. APPROVAL OF FEBRUARY, 2014 BILLS:
A. Approve February 2014 Bills
(Requested by Stacy Gilley, City Clerk)
VII.
RESOLUTIONS
A. Resolution No. 14-38 - Special Use Permit request from Verizon Wireless for location
at 2611-B Highway 31
(Requested by Tina Boyles, Revenue Department)
B. Resolution No. 14-42 - Special Use Permit request by AT&T
(Requested by Tina Boyles, Revenue Department)
C. Resolution No. 14-39 - Approve MUB Resolution approving expenditure of $149,500
for Professional Service Agreement
(Requested by Janice Armor, Municipal Utilities Board)
D. Resolution No. 14-40 - Approve MUB Resolution approving expenditure of $114,000
for FY14 Circuit T464 Improvement Project
(Requested by Janice Armor, Municipal Utilities Board)
E. Resolution No. 14-41 - 14-41 : Police and Fire Services Dispatch Policy
(Requested by Herman Marks, Legal Department)
F. Resolution No. 14-43 - Resolution Authorizing Payment to Alabama Department of
Education
(Requested by Chip Alexander, Legal Department)
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Agenda
City Council
VIII.
March 17, 2014
PUBLIC HEARING
A. Ordinance No. 14-4174 - Ordinance No. 14-4174 - Authorize a Project Development
and Funding Agreement among the City of Decatur, Bass Pro Outdoor World, LLC
and Genesis USA Development, LLC
AUTHORIZE A PROJECT DEVELOPMENT AND FUNDING
AGREEMENT AMONG THE CITY OF DECATUR, BASS PRO
OUTDOOR
WORLD,
L.L.C.
AND
GENESIS
USA
DEVELOPMENT, L.L.C.
(Requested by Herman Marks, Legal Department)
IX. BOARDS & COMMITTEES
A. Mike Harris - appoint to full member on Board of Zoning & Adjustment with term
expiring on 12/31/16
(Requested by Stacy Gilley, City Clerk)
B. Appoint Wesley Perry - Construction Industries Board for term expiring on 12/31/16
Electrical Trade
(Requested by Stacy Gilley, City Clerk)
C. Appoint Jacob Woods - Construction Industries Board for term expiring on 12/31/16
Design Professional
(Requested by Stacy Gilley, City Clerk)
D. Appoint Sam Tune - Construction Industries Board for term expiring 12/31/15
Plumbing Trade
(Requested by Stacy Gilley, City Clerk)
E. Appoint Danny Dumas - Construction Industries Board for term expiring 12/31/15
Commercial Contractor
(Requested by Stacy Gilley, City Clerk)
F. Appoint Jeremiah Frost - Construction Industries Board for term expiring 12/31/14
Homebuilder
(Requested by Stacy Gilley, City Clerk)
X. ADJOURNMENT
THE NEXT COUNCIL WORK SESSION WILL BE HELD ON MARCH 31, 2014 AT 5:00PM
THE NEXT REGULAR COUNCIL MEETING WILL BE HELD ON APRIL 7, 2014 AT 6:00PM
NOTE: Changes to a City Council agenda may be necessary prior to the City Council meeting.
Such changes may not be included on the City Council agenda on this website
Decatur City
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5.A.a
CITY HALL, DECATUR, ALABAMA, FEBRUARY 24, 2014 –WORK SESSION
The members of the City Council of the City of Decatur, Alabama met on February 24,
2014 at 2:00 p.m. on the 6th floor Conference Room at City Hall, with Council President
Hammon presiding.
The following members were present: Hammon, Anders and Kirby
Absent: Jackson and Ard
The purpose of this work session was to review the Fire Chief applications. The following was
discussed:


Re-advertise the Fire Chief position
Personnel Director and Mayor to review the applications and assess the accreditations
Council President Hammon adjourned the meeting at 2:35 p.m.
.
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Attachment: 022414 WS Minutes (1464 : February 24, 2014 - Work Session)
Also present were Mayor Don Kyle, City Attorney Herman Marks, Personnel Director Ken Smith
and City Clerk-Treasurer Stacy Gilley.
5.B.a
CITY HALL, DECATUR, ALABAMA, FEBRUARY 24, 2014 - WORK SESSION
The members of the City Council of the City of Decatur, Alabama met on February 24, 2014 at
th
5:00 p.m. on the 7 floor of City Hall, with Council President Hammon presiding.
The following members were present: Hammon, Anders, Jackson and Kirby
Council Member Ard was absent
Council reviewed the agenda for the March 3, 2014 City Council meeting.
Council President Hammon stated at the Fire Chief position would be re-advertised then
Personnel Director, Ken Smith would verify qualifications than he and Mayor Kyle will bring 5 –
10 applicants for Council to interview.
Having no further business the meeting adjourned at 5:23 PM
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Attachment: 022414 WSPM Minutes (1465 : February 24, 2014 - Work Session Minutes)
Also present were Mayor Don Kyle, City Attorney Herman Marks, City Clerk-Treasurer Stacy Gilley and
Personnel Director Ken Smith.
5.C.a
CITY HALL, DECATUR, ALABAMA, MARCH 3, 2014 –WORK SESSION
The members of the City Council of the City of Decatur, Alabama met on March 3, 2014
at 5:30 p.m. on the 7th floor of City Hall, with Council President Hammon presiding.
The following members were present: Hammon, Anders, Jackson, Kirby and Ard
Council reviewed the March 3, 2014 Council Agenda
Also addressed was the operating schedule of the ice rink:
•
•
Tom Chappell explained that the various closures were reviewed but would like some
direction on which way to go and the plan he brings forth is a compressed schedule that
would be to have the ice rink open Thursday, Friday and Saturday and closed the rest of
the week.
Council Member Ard would like to see how expenses will be impacted with the
compressed schedule.
Council President Hammon adjourned the work session at 5:50 p.m.
.
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Attachment: 030314 WS Minutes (1463 : March 3, 2014 - Work Session Minutes)
Also present were Mayor Don Kyle, City Attorney Herman Marks, Personnel Director Ken Smith
and City Clerk-Treasurer Stacy Gilley.
5.D
REVISED SUMMARY ● MARCH 3, 2014
Council Chambers
Regular Meeting
6:00 PM
Minutes Acceptance: Minutes of Mar 3, 2014 6:00 PM (Approval of Minutes:)
402 LEE STREET NE
DECATUR, AL 35601
I. CALL MEETING TO ORDER:
Council President Hammon called the meeting to order at 6:01 PM
II. INVOCATION:
Council Member Anders provided the invocation.
III.
PLEDGE OF ALLEGIANCE:
Council Member Anders led the Pledge of Allegiance. A moment of silence was held for the
passing of Senator Tommy Ed Roberts.
IV. ROLL CALL OF ELECTED OFFICIALS:
Attendee Name
Gary Hammon
Billy Jackson
Charles Kirby
Roger Anders
Chuck Ard
Council
District
District
District
District
Title
President
1
4
2
5
Status
Present
Present
Present
Present
Present
Arrived
V. APPROVAL OF MINUTES:
The minutes were approved by unanimous consent.
A. February 10, 2014 - Work Session Minutes
The minutes were approved by unanimous consent.
(Requested by Stacy Gilley, City Clerk)
B. February 17, 2014 - Work Session Minutes
The minutes were approved by unanimous consent.
(Requested by Stacy Gilley, City Clerk)
C. City Council - Regular Meeting - Feb 17, 2014 10:00 AM
The minutes were approved by unanimous consent.
Decatur City
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RESULT:
AYES:
March 3, 2014
ACCEPTED [UNANIMOUS]
Hammon, Jackson, Kirby, Anders, Ard
VI. PRESENTATIONS
Mayor Don Kyle presented a proclamation to Beth McGuire declaring March as American Red
Cross Month.
VII.
SET PUBLIC HEARINGS:
A.
Minutes Acceptance: Minutes of Mar 3, 2014 6:00 PM (Approval of Minutes:)
Set Public hearing for 107 8th Ave. NW to be held on 4/7/14 at 6:00PM
(Requested by David Lee, Community Development)
The Public Hearing was set for April 7, 2014 at 6:00 PM
B.
Set Public Hearing for 304 12th Ave. NW to be held on 4/7/14 at 6:00PM
(Requested by Allen Stover, Community Development)
The Public Hearing was set for April 7, 2014 at 6:00 PM
C.
Set Public Hearing on Ordinance No. 14-4173 Payday Lending to be held on 4/7/14 at 6:00PM
(Requested by Karen Smith, Planning Department)
The Public Hearing was set for April 7, 2014 at 6:00 PM
VIII.
PUBLIC HEARINGS:
A. Resolution No. 14-28 Special Event Alcohol License for Decatur Morgan Hospital Foundation Inc.
(Requested by Tina Boyles, Revenue Department)
Council President Hammon opened the floor for comments from the public having none he then
closed the public hearing and entertained a motion from Council.
RESULT:
MOVER:
SECONDER:
AYES:
ADOPTED [UNANIMOUS]
Charles Kirby, District 4
Chuck Ard, District 5
Hammon, Jackson, Kirby, Anders, Ard
RESOLUTION
14-28
SPECIAL EVENT LICENSE FOR DECATUR MORGAN HOSPITAL FOUNDATION INC.
(MAY 10TH)
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DECATUR,
ALABAMA that the application for alcoholic beverage license for a Special Event for
Decatur Morgan Hospital Foundation Inc. on May 10th at 2901-D Point Mallard Circle is
Decatur City
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March 3, 2014
hereby approved, subject to the approval of the Building, Fire, Health, and Revenue
Departments.
ADOPTED this the 3rd day March 2014.
Enacted and approved this 3rd day of March, 2014, at Decatur
IX. RESOLUTIONS:
Minutes Acceptance: Minutes of Mar 3, 2014 6:00 PM (Approval of Minutes:)
A. Resolution No. 14-29 Special Use Permit for 201 Vine Street by Verizon
(Requested by Tina Boyles, Revenue Department)
RESULT:
MOVER:
SECONDER:
AYES:
ADOPTED [UNANIMOUS]
Charles Kirby, District 4
Roger Anders, District 2
Hammon, Jackson, Kirby, Anders, Ard
RESOLUTION
14-29
SPECIAL USE PERMIT FOR 201 VINE STREET BY VERIZON
RESOLUTION NO. 14-029
WHEREAS, Verizon has requested to modify an existing wireless telecommunications facility
located at 201 Vine Street, Decatur, AL to provide enhanced wireless services essentially within the
corporate limits and police jurisdiction of the city of Decatur and;
WHEREAS, Verizon has complied with City’s Ordinance No. 99-3536A and has demonstrated
the need for a wireless facility to consistently deliver reliable services in the identified area, and;
WHEREAS, both the City and Verizon customers in Decatur will benefit from improved service;
and,
WHEREAS, the City’s consultant, The Center for Municipal Solutions (CMS), recommends the
granting of a Special Use Permit for this modification of the existing tower located at 201 Vine Street,
which consists of a 300’ self-support tower;
THEREFORE, BE IT RESOLVED by the City Council of the City of Decatur, Alabama
that Verizon is hereby granted a Special Use Permit to modify the exiting self-support tower
located at 201 Vine Street. As recommended by CMS, the Special Use Permit is subject to
compliance with the following condition prior to the issuance of said permit and/or a
Certificate of Completion:
1. Verizon must provide additional documentation for the structural analysis completed by
Vertical Structures, Inc. on November 15, 2013 to confirm the grades of steel for legs,
diagonals, bolts and anchor bolts and to confirm that existing mid-level lighting and conduit
loads are included in certified analysis prior to issuance of the Building Permit.
2. Verizon must provide certification that the required modifications to remedy the
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4.
5.
6.
7.
deficiencies identified in Vertical Structures Job No. 2013-225-025 have been completed
per modification drawings submitted in structural analysis by Vertical Structures on
November 15, 2013, Appendix D prior to issuance of the Certificate of Completion.
To prevent warehousing of permits or authorizations and to assure the best service to the
City’s residents as expeditiously a possible, the facility must be built, activated and be
providing service no later than one hundred twenty (120) days after the issuance of the
Special Use Permit or other applicable authorization, subject to commonly accepted force
majeure exceptions acceptable to the City. Verizon may petition the City of an extension
of this for good cause shown, but the decision whether or not to grant the extension shall
exclusively be the prerogative of the City.
Verizon must provide contractor information with construction schedule to City and to CMS
prior to issuance of the Building Permit.
At the completion of construction, the Applicant must notify the City’s consultant and
provide proof that all inspections have been satisfactorily completed and the project is
ready for a final on-site inspection. Upon passing the final inspection, a recommendation
to issue a Certificate of Occupancy shall be made.
Verizon shall not be permitted to actually provide service commercially until the Certificate
of Occupancy or its functional equivalent is issued or risk forfeiting its Permit.
The Certificate of Occupancy shall not be issued until all fees and costs associated with
this Permit, including inspections, have been paid,
Minutes Acceptance: Minutes of Mar 3, 2014 6:00 PM (Approval of Minutes:)
3.
March 3, 2014
rd
ADOPTED this 3 day of March, 2014.
Enacted and approved this 3rd day of March, 2014, at Decatur
B. Resolution No. 14-30 715 Lafayette St. NW Demolition Assessment Resolution
(Requested by David Lee, Community Development)
RESULT:
MOVER:
SECONDER:
AYES:
ADOPTED [UNANIMOUS]
Billy Jackson, District 1
Charles Kirby, District 4
Hammon, Jackson, Kirby, Anders, Ard
RESOLUTION
14-30
715 LAFAYETTE ST. NW DEMOLITION ASSESSMENT RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DECATUR, ALABAMA
WHEREAS, the City of Decatur, Community Development Department has given notice to
Anthony Balentine and Teresa Balentine as the person or persons last assessed for ad valorem
taxes for the property described as: All of Lot 8 and the West 10 feet of Lot 7, block 1 Lampkins
and Thomason’s Addition to Decatur, more commonly known as 715 Lafayette St. NW, Decatur,
Alabama, of the property being in violation of the Code of Alabama 1975 11-40-33 by reason of
being unsafe; and
WHEREAS, the Community Development Department was unable to cause the owner of said
property to abate the violation; and
WHEREAS, the Community Development Department did, after soliciting bids, cause the
structure to be demolished by contract; and
Decatur City
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WHEREAS, the costs for the demolition are as follows:
Contractor Cost
$ 1,690.00
Administrative fee
300.00
Utility Retirement Fee
30.00
_________
Total Cost
$ 2,020.00
Minutes Acceptance: Minutes of Mar 3, 2014 6:00 PM (Approval of Minutes:)
NOW THEREFORE BE IT RESOLVED by the City Council of the City of Decatur, Alabama,
as follows:
Section 1. The above referenced property shall be assessed, for the above stated demolition
costs, and the amount shall constitute a special assessment against the land and lien against the
property.
Section 2. The City Clerk shall cause a certified copy of this resolution to be recorded in the
Office of the Probate Judge of Morgan County, and shall forward a copy to the Morgan County
Revenue Commissioner so that the amount of the lien shall be added to the ad valorem tax bill
for the property.
Adopted this the _____ day of ______________________, _________.
Enacted and approved this 3rd day of March, 2014, at Decatur
C. Resolution No. 14-31 209 Memorial Dr. NW Demolition Assessment Resolution
(Requested by David Lee, Community Development)
RESULT:
MOVER:
SECONDER:
AYES:
ADOPTED [UNANIMOUS]
Billy Jackson, District 1
Roger Anders, District 2
Hammon, Jackson, Kirby, Anders, Ard
RESOLUTION
14-31
209 MEMORIAL DR. NW DEMOLITION ASSESSMENT RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DECATUR, ALABAMA
WHEREAS, the City of Decatur, Community Development Department has given notice to Kim
F. Parker as the person or persons last assessed for ad valorem taxes for the property described
as: Decatur Land Improvement and Furnace Company Addition #1 Lot 18 and 20, Block 14,
more commonly known as 209 Memorial Dr. NW, Decatur, Alabama, of the property being in
violation of the Code of Alabama 1975 11-40-33 by reason of being unsafe; and
WHEREAS, the Community Development Department was unable to cause the owner of said
property to abate the violation; and
Decatur City
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WHEREAS, the Community Development Department did, after soliciting bids, cause the
structure to be demolished by contract; and
WHEREAS, the costs for the demolition are as follows:
Contractor Cost
$ 1,670.00
Administrative fee
300.00
Utility Retirement Fee
30.00
_________
Total Cost
$ 2,000.00
Minutes Acceptance: Minutes of Mar 3, 2014 6:00 PM (Approval of Minutes:)
NOW THEREFORE BE IT RESOLVED by the City Council of the City of Decatur, Alabama,
as follows:
Section 1. The above referenced property shall be assessed, for the above stated demolition
costs, and the amount shall constitute a special assessment against the land and lien against the
property.
Section 2. The City Clerk shall cause a certified copy of this resolution to be recorded in the
Office of the Probate Judge of Morgan County, and shall forward a copy to the Morgan County
Revenue Commissioner so that the amount of the lien shall be added to the ad valorem tax bill
for the property.
Adopted this the _____ day of ______________________, _________.
Enacted and approved this 3rd day of March, 2014, at Decatur
D. Resolution No. 14-32 Declare Surplus of Municipal Vehicle No Longer Needed by << Morgan County Regional Landfill >>
(Requested by Becky Thompson, Purchasing Department)
RESULT:
MOVER:
SECONDER:
AYES:
ADOPTED [UNANIMOUS]
Charles Kirby, District 4
Chuck Ard, District 5
Hammon, Jackson, Kirby, Anders, Ard
RESOLUTION
14-32
DECLARE SURPLUS OF MUNICIPAL VEHICLE NO LONGER NEEDED BY <<
MORGAN COUNTY REGIONAL LANDFILL >>
WHEREAS, the City of Decatur, Alabama has certain items of personal property which are no
longer needed for public or municipal purposes, and
WHEREAS, §11-43-56 of the Alabama Code of 1975 and §2-182 of the Code of Decatur
authorizes the governing body to dispose of unneeded personal property,
NOW, THEREFORE, LET IT BE IT RESOLVED by the City Council of the City of Decatur, in
the State of Alabama, as follows:
Decatur City
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SECTION 1: The following item of personal property held by the Morgan County Regional
Landfill are hereby declared surplus and no longer needed for municipal purposes:
· 2007 Kubota Model RTV900W6-H VIN 75020
SECTION 2: The Purchasing Agent is hereby authorized to dispose of said property described in
Section 1 in accordance with established policy and thereafter place proceeds of such sale in the
Landfill funds. The City Clerk is hereby authorized to transfer title or ownership of same.
Enacted and approved this 3rd day of March, 2014, at Decatur
E. Resolution No. 14-33 -
Minutes Acceptance: Minutes of Mar 3, 2014 6:00 PM (Approval of Minutes:)
CDBG 5 year Con-Plan Consulting Agreement
(Requested by Allen Stover, Community Development)
RESULT:
MOVER:
SECONDER:
AYES:
ADOPTED [UNANIMOUS]
Billy Jackson, District 1
Charles Kirby, District 4
Hammon, Jackson, Kirby, Anders, Ard
RESOLUTION
14-33
CDBG 5 YEAR CON-PLAN CONSULTING AGREEMENT
Whereas, the City of Decatur has been made eligible to receive Entitlement Funds from
the U. S. Department of Housing and Urban Development (HUD) under the Housing
and Community Development Act of 1974, as amended, and
Whereas, the City of Decatur is required to followed HUD regulations and requirements
of the Act to produce a Five Consolidated Plan; and
Whereas, there is a need for Professional Services to assist with the above plan; and
Whereas, the Purchasing Department solicited RFP’s for the above services; and
Whereas, these associated fees will come from the Community Development Block
Grant Funds.
Now Therefore Be It Resolved by the City Council of the City of Decatur, Alabama, that
the proposal of C. Jordan Wilson and Associates is hereby approved in the amount of
$26,000.00 and the Mayor is authorized to execute the necessary agreement
documents on behalf of the City to produce the Five Consolidated Plan.
APPROVED AND ADOPTED this ________________ day of ____________________,
2014.
Enacted and approved this 3rd day of March, 2014, at Decatur
F. Resolution No. 14-34 Decatur City
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March 3, 2014
Authorize the Mayor to execute agreement with GovTeller
(Requested by Stacy Gilley, City Clerk)
Resolution 14-34 is approved contingent upon further clarification of the five day
window of raising fees and the issue of chargeback fees in the agreement.
RESULT:
MOVER:
SECONDER:
AYES:
ADOPTED [UNANIMOUS]
Roger Anders, District 2
Chuck Ard, District 5
Hammon, Jackson, Kirby, Anders, Ard
Minutes Acceptance: Minutes of Mar 3, 2014 6:00 PM (Approval of Minutes:)
RESOLUTION
14-34
AUTHORIZE THE MAYOR TO EXECUTE AGREEMENT WITH GOVTELLER
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DECATUR, ALABAMA
that the Mayor is authorized on behalf of the City to execute the attached agreement
with GovTeller for the acceptance of credit cards.
Enacted and approved this 3rd day of March, 2014, at Decatur
G. Resolution No. 14-35 Communications Consulting Agreement for assessment of communication services costs
(Requested by Herman Marks, Legal Department)
RESULT:
MOVER:
SECONDER:
AYES:
ADOPTED [UNANIMOUS]
Charles Kirby, District 4
Roger Anders, District 2
Hammon, Jackson, Kirby, Anders, Ard
RESOLUTION
14-35
COMMUNICATIONS CONSULTING AGREEMENT FOR ASSESSMENT OF
COMMUNICATION SERVICES COSTS
RESOLUTION NO.__________
BE IT RESOLVED by the City Council of the City of Decatur, Alabama that the
Mayor is authorized to execute on behalf of the City the attached agreement with
Communications Consulting Services, Inc. to do an assessment of communication services
to determine cost savings and potential overpayment for such services.
Adopted this 3rd day of March 2014.
Enacted and approved this 3rd day of March, 2014, at Decatur
H. Resolution No. 14-37 -
Decatur City
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March 3, 2014
RESOLUTION AUTHORIZING THE MAYOR TO SIGN AN AMENDMENT TO THE SPRING
AVENUE DESIGN AGREEMENT
(Requested by Chip Alexander, Legal Department)
RESULT:
MOVER:
SECONDER:
AYES:
ADOPTED [UNANIMOUS]
Charles Kirby, District 4
Chuck Ard, District 5
Hammon, Jackson, Kirby, Anders, Ard
Minutes Acceptance: Minutes of Mar 3, 2014 6:00 PM (Approval of Minutes:)
RESOLUTION
14-37
RESOLUTION AUTHORIZING THE MAYOR TO SIGN AN AMENDMENT TO THE
SPRING AVENUE DESIGN AGREEMENT
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DECATUR, ALABAMA,
that the Mayor is hereby authorized to execute the attached Amendment to the Spring
Avenue Widening Project Design Agreement.
Adopted this the 3rd day of March, 2014.
Enacted and approved this 3rd day of March, 2014, at Decatur
X. ORDINANCES:
A. Ordinance No. 14-4172 14-4172 : Annexation of 2125 Mud Tavern Road
(Requested by Karen Smith, Planning Department)
First Reading (2/17/14) Planning Commission recommends approval
RESULT:
MOVER:
SECONDER:
AYES:
ADOPTED [UNANIMOUS]
Roger Anders, District 2
Chuck Ard, District 5
Hammon, Jackson, Kirby, Anders, Ard
ORDINANCE
14-4172
ANNEXATION 340-14 OF 2125 MUD TAVERN ROAD
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DECATUR, ALABAMA
Section 1. A written petition having been signed and filed by the owners of the below described property
with the City Clerk, together with a map of the said territory showing its relationship to the corporate limits
of the City of Decatur to which said property is proposed to be annexed, requesting that such below
described property or territory be annexed to the City of Decatur, a municipal corporation, in the State of
Alabama, which petition is brought under, and is found to comply fully with the provisions of Section 1142-20 to Section 11-42-24, inclusive, Code of Alabama 1975, as amended, said property being
contiguous to the present corporate limits, and it being in the public interest for such property to be made
Decatur City
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March 3, 2014
a part of the municipality in addition to the territory already within the corporate limits, the City Council of
the City of Decatur does hereby assent to the annexation of said property or territory to the City of
Decatur, and the corporate limits of the City of Decatur be and hereby are extended and rearranged so as
to embrace and include such property, which is described as follows, situated in Morgan County,
Alabama, to-wit:
Minutes Acceptance: Minutes of Mar 3, 2014 6:00 PM (Approval of Minutes:)
A tract of land containing 2.00 acres, more or less, lying and being in the W ½ of the NW ¼ of the NE ¼ of
Section 23, Township 6 South, Range 5 West, Morgan County, Alabama and being further described ad
beginning at the SW corner of the NW ¼ of the NE ¼ of Section 23, and running thence North 89° 54’ 42”
East along the South line of said NW ¼ of the NE ¼ for a distance of 352.84 feet to a point; thence
running North 0° 01’ 35” West for a distance of 640.58 feet to the TRUE POINT OF BEGINNING of the
tract herein described; thence continuing North 0° 01’ 35” West for a distance of 305.60 feet to a point
in the centerline of a paved road; thence running North 73° 33’ 53” West along the centerline of said
paved road for a distance of 264.86 feet to a point; thence running South 0° 01’ 35” East for a distance
of 380.65 feet to a point; thence running North 89° 58’ 25” East for a distance of 254.0 feet to the true
point of beginning; being subject to any existing right of way for a paved road along the Northerly side
thereof.
ADOPTED this ______ day of _________________, 20 _____.
Authenticated:
Stacy Gilley, City Clerk
APPROVED this _______ day of _______________, 20____.
Don Kyle
Mayor of the City of
Decatur, Alabama
Enacted and approved this 3rd day of March, 2014, at Decatur
XI. DISCUSSION ITEM: OPERATING SCHEDULE OF THE ICE RINK.
The consensus from Council and Mayor Kyle was to operate the ice rink on a reduced
schedule. In doing this they would be able to gather data to see what savings if any are by
trying this schedule. The ice rink will begin the compressed schedule on March 8, 2014.
XII.
ADJOURNMENT:
Having no further business the meeting adjourned at 7:38PM
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6.A
City Council
402 Lee St.
Decatur, AL 35601
BILL
City Clerk
Stacy Gilley, City Clerk
Meeting: 03/17/14 10:00 AM
DOC ID: 1461
Approve February 2014 Bills
A.
Bill (ID # 1461)
Approve February 2014 Bills
Comment:
ATTACHMENTS:

febckreg
(PDF)
Updated: 3/5/2014 9:49 AM by Stacy Gilley
Page 1
Packet Pg. 17
PROGRAM . . :
REPORT . . :
USER . . . :
DATE . . . :
TIME . . . :
HOLD . . . :
COPIES . . :
OUTPUT QUEUE:
DISTRIBUTION:
AP0460
CHECK REGISTER
DGKELLY
3/04/14
8:35
YES
1
*DEFAULT
*NONE
SELECTION OPTIONS
BANK ACCOUNT . . . . . :
FROM CHECK NUMBER . . . :
THRU CHECK NUMBER . . . :
FROM CHECK DATE . . . . :
THRU CHECK DATE . . . . :
UN-RECONCILED AS OF DATE:
RECONCILIATION STATUSES :
UPDATED . . . . . . . . :
CLAIMS FD
170019
170713
*ALL
*ALL
N/A
RECONCILED / NOT RECONCILED / VOIDED
ALL
6.A.a
Packet Pg. 18
Attachment: febckreg (1461 : Approve February 2014 Bills)
New World Systems
DATE 3/04/14
TIME 8:35:12
F I N A N C I A L
M A N A G E M E N T
CHECK REGISTER
PAGE
AP0460
DGKELLY
1
6.A.a
Packet Pg. 19
CHECK # CHECK DATE PAYEE NAME
STATUS
STATUS DATE UPDATED CHECK AMOUNT
RECONCILED AMT
DIFFERENCE
====================================================================================================================================
BANK ACCOUNT: APR CLAIMS FD RENASANT CLAIM FUND ACCOUNT
170019
2/07/2014 RIEDELL SHOES INC
RECONCILED
285.64
285.64
.00
170020
2/07/2014 TENNANT SALES & SERVICE C
RECONCILED
739.20
739.20
.00
170021
2/07/2014 SOFTRAC, LLC
RECONCILED
1,675.00
1,675.00
.00
170022
2/07/2014 CENTRAL COMMUNICATIONS
RECONCILED
65.00
65.00
.00
170023
2/07/2014 PENCE, JAMES MARVIN
RECONCILED
176.00
176.00
.00
170024
2/07/2014 GOLF ASSOCIATES SCORECARD
RECONCILED
1,504.62
1,504.62
.00
170025
2/07/2014 PERRY COMPANY INC
RECONCILED
269.50
269.50
.00
170026
2/07/2014 PANTER, CAROLYN STRONG
RECONCILED
180.00
180.00
.00
170027
2/07/2014 DECATUR UTILITIES
RECONCILED
20.00
20.00
.00
170028
2/07/2014 ROBERTS GROUP INC
RECONCILED
5.50
5.50
.00
170029
2/07/2014 JONES, CHRISTINE DODGE
RECONCILED
236.25
236.25
.00
170030
2/07/2014 MERCHANT'S FOOD SERVICE
RECONCILED
479.95
479.95
.00
170031
2/07/2014 COMMUNITY FREE CLINIC OF
RECONCILED
4,940.00
4,940.00
.00
170032
2/07/2014 PHASE III, INC
RECONCILED
1,500.00
1,500.00
.00
170033
2/07/2014 STORY SERVICES INC
RECONCILED
443.00
443.00
.00
170034
2/07/2014 OWENS, TRONORRIS R.
RECONCILED
920.00
920.00
.00
170035
2/07/2014 BERNEY OFFICE SOLUTIONS-H
RECONCILED
133.59
133.59
.00
170036
2/07/2014 BIRT, CHRISTOPHER LADON
RECONCILED
414.00
414.00
.00
170037
2/07/2014 PATE, JERRY TURF & IRRIGA
RECONCILED
104.47
104.47
.00
170038
2/07/2014 HENRY SCHEIN INC.
RECONCILED
2,286.30
2,286.30
.00
170039
2/07/2014 KURT'S TRUCK & PARTS CO I
RECONCILED
245.52
245.52
.00
170040
2/07/2014 DECATUR CITY SCHOOLS
RECONCILED
6,250.00
6,250.00
.00
170041
2/07/2014 DISH
RECONCILED
161.00
161.00
.00
170042
2/07/2014 INHEALTH RECORDS SYSTEMS
NOT RECONCILED
9,113.15
.00
.00
170043
2/07/2014 PATTERSON VETERINARY SUPP
RECONCILED
1,065.27
1,065.27
.00
170044
2/07/2014 MORRIS, LEONARD LORENZO I
RECONCILED
22.50
22.50
.00
170045
2/07/2014 MORGAN CO CHILD ADVOCACY
RECONCILED
1,750.00
1,750.00
.00
170046
2/07/2014 HALL, RICK CONSTRUCTION C
RECONCILED
34,149.30
34,149.30
.00
170047
2/07/2014 MADISON VETERINARY HOSPIT
RECONCILED
9.00
9.00
.00
170048
2/07/2014 STANDARD LIFE INSURANCE C
RECONCILED
4,662.70
4,662.70
.00
170049
2/07/2014 BRYANT, JONATHAN
RECONCILED
336.00
336.00
.00
170050
2/07/2014 KRENKEL, CHARLES
RECONCILED
40.80
40.80
.00
170051
2/07/2014 LYONS HR
RECONCILED
892.18
892.18
.00
170052
2/07/2014 EXPRESS OIL CHANGE
RECONCILED
227.97
227.97
.00
170053
2/07/2014 TEXAS CHILD SUPPORT SDU
RECONCILED
100.00
100.00
.00
170054
2/07/2014 DAVIS, ESTELLA
RECONCILED
400.00
400.00
.00
170055
2/07/2014 DOWNTOWN REDEVELOPMENT
RECONCILED
6,175.00
6,175.00
.00
170056
2/07/2014 DECATUR YOUTH SYMPHONY
RECONCILED
1,125.00
1,125.00
.00
170057
2/07/2014 WILKS TRUCK TIRE LLC
RECONCILED
660.99
660.99
.00
170058
2/07/2014 NESBITT, S. S. & CO INC
RECONCILED
13,693.68
13,693.68
.00
170059
2/07/2014 BERNEY OFFICE SOLUTIONS
RECONCILED
190.47
190.47
.00
170060
2/07/2014 AQUIS COMMUNICATIONS
RECONCILED
11.90
11.90
.00
170061
2/07/2014 ALLIANCE SAND & AGGREGATE
RECONCILED
1,336.65
1,336.65
.00
170062
2/07/2014 AMERICAN VILLAGE CITIZENS
RECONCILED
850.00
850.00
.00
170063
2/07/2014 LEDBETTER, DOYLE KEITH
RECONCILED
486.00
486.00
.00
170064
2/07/2014 OSBORN GRAVE SERVICES INC
RECONCILED
1,620.00
1,620.00
.00
170065
2/07/2014 SHARPLEY, DERRICK M.
RECONCILED
562.50
562.50
.00
170066
2/07/2014 CAIN, GREG PROBATE JUDGE
RECONCILED
23.00
23.00
.00
170067
2/07/2014 YOUNG, FRED D. JR.
RECONCILED
115.00
115.00
.00
170068
2/07/2014 GHOLSTON, CHARLES LEE
RECONCILED
253.00
253.00
.00
170069
2/07/2014 WISENER, LLC
RECONCILED
1,500.00
1,500.00
.00
170070
2/07/2014 DECATUR MO CO ENTREPRENEU
RECONCILED
8,333.33
8,333.33
.00
Attachment: febckreg (1461 : Approve February 2014 Bills)
New World Systems
DATE 3/04/14
TIME 8:35:12
F I N A N C I A L
M A N A G E M E N T
CHECK REGISTER
PAGE
AP0460
DGKELLY
2
6.A.a
Packet Pg. 20
CHECK # CHECK DATE PAYEE NAME
STATUS
STATUS DATE UPDATED CHECK AMOUNT
RECONCILED AMT
DIFFERENCE
====================================================================================================================================
170071
2/07/2014 CRAIG, STACIE M.
RECONCILED
331.38
331.38
.00
170072
2/07/2014 TOLBERT PLUMBING
RECONCILED
35.00
35.00
.00
170073
2/07/2014 CANNON, KENNETH EDWIN II
RECONCILED
100.00
100.00
.00
170074
2/07/2014 LAKE, JASON
NOT RECONCILED
46.12
.00
.00
170075
2/07/2014 ANDERSON, SCOTT
RECONCILED
16,112.38
16,112.38
.00
170076
2/07/2014 LANE, GREGORY A. DBA/
RECONCILED
100.00
100.00
.00
170077
2/07/2014 SEAL, CURT BAXTER
RECONCILED
132.00
132.00
.00
170078
2/07/2014 LANE, KERRIE
RECONCILED
68.88
68.88
.00
170079
2/07/2014 ANDREWS, RONALD KEITH
NOT RECONCILED
51.35
.00
.00
170080
2/07/2014 ZOETIS
RECONCILED
112.25
112.25
.00
170081
2/07/2014 LUCKIE, JIMMY H.
RECONCILED
717.75
717.75
.00
170082
2/07/2014 CINTAS CORPORATION
RECONCILED
775.74
775.74
.00
170083
2/07/2014 THE LIOCE GROUP INC
RECONCILED
78.72
78.72
.00
170084
2/07/2014 CENTEREDGE SOFTWARE
RECONCILED
7,615.00
7,615.00
.00
170085
2/07/2014 LODAL INC
RECONCILED
908.72
908.72
.00
170086
2/07/2014 MADRY, CORDARRYL ONEAL
RECONCILED
506.00
506.00
.00
170087
2/07/2014 TENNESSEE CHILD SUPPORT
RECONCILED
180.91
180.91
.00
170088
2/07/2014 THE HARTFORD
RECONCILED
8,880.85
8,880.85
.00
170089
2/07/2014 MADISON SECURITY GROUP IN
RECONCILED
1,974.00
1,974.00
.00
170090
2/07/2014 MORGAN CO CIRCUIT CLERK
RECONCILED
2,206.87
2,206.87
.00
170091
2/07/2014 PRESIDING CIRCUIT JUDGE'S
NOT RECONCILED
1,668.87
.00
.00
170092
2/07/2014 STATE JUDICIAL ADMIN FUND
RECONCILED
6,725.26
6,725.26
.00
170093
2/07/2014 GOLWAY, JENNIFER
RECONCILED
42.45
42.45
.00
170094
2/07/2014 LYNN LAYTON FORD
RECONCILED
14,069.50
14,069.50
.00
170095
2/07/2014 COMPLIANCE CONSTRUCTION C
RECONCILED
6,290.00
6,290.00
.00
170096
2/07/2014 COOK'S NATURAL SCIENCE MU
RECONCILED
1,850.00
1,850.00
.00
170097
2/07/2014 YAMAHA MOTOR CORP., U.S.A
RECONCILED
4,571.33
4,571.33
.00
170098
2/07/2014 BIG SPRING ENVIRONMENTAL
RECONCILED
1,041.34
1,041.34
.00
170099
2/07/2014 DARDEN RESTAURANTS INC
RECONCILED
10,806.44
10,806.44
.00
170100
2/07/2014 WILEY, SALINA JOYCE
RECONCILED
874.25
874.25
.00
170101
2/07/2014 BOOTH, CHARLES ANDREW
RECONCILED
2,835.00
2,835.00
.00
170102
2/07/2014 DAVIS, GARRY MAURICE JR.
NOT RECONCILED
136.50
.00
.00
170103
2/07/2014 COOPER, ORRIN CORTEZ
RECONCILED
345.00
345.00
.00
170104
2/07/2014 HILL'S B.P.
RECONCILED
150.00
150.00
.00
170105
2/07/2014 GEORGE PLUMBING LLC
RECONCILED
948.19
948.19
.00
170106
2/07/2014 DOBBS & COMPANY ELECTRICA
RECONCILED
260.07
260.07
.00
170107
2/07/2014 MITCHELL, MARVIN MARRICK
RECONCILED
138.00
138.00
.00
170108
2/07/2014 SMITH, CLIFFORD
RECONCILED
68.19
68.19
.00
170109
2/07/2014 WATSON, TRACY ALAN
RECONCILED
450.00
450.00
.00
170110
2/07/2014 ALLIANCE HR, INC
RECONCILED
4,055.26
4,055.26
.00
170111
2/07/2014 FLOWERS BAKING OF BIRMING
RECONCILED
49.37
49.37
.00
170112
2/07/2014 PARTY PROS USA
RECONCILED
1,705.60
1,705.60
.00
170113
2/07/2014 ALSCO
RECONCILED
48.00
48.00
.00
170114
2/07/2014 MARTIN, DONNA L
RECONCILED
8.34
8.34
.00
170115
2/07/2014 UNITED HEALTHCARE INSURAN
RECONCILED
6,155.53
6,155.53
.00
170116
2/07/2014 DIAMOND PRO CORPORATION
RECONCILED
550.00
550.00
.00
170117
2/07/2014 MARKET SHOPPES WARRANT, L
RECONCILED
30,342.12
30,342.12
.00
170118
2/07/2014 HICKS, GERNARIE
NOT RECONCILED
20.00
.00
.00
170119
2/07/2014 VIGILANCE SPORTS
RECONCILED
360.00
360.00
.00
170120
2/07/2014 RJ YOUNG COMPANY INC
RECONCILED
307.00
307.00
.00
170121
2/07/2014 HOWLETT, SANDRA
RECONCILED
40.00
40.00
.00
170122
2/07/2014 MARTIN, ROBERT
RECONCILED
547.20
547.20
.00
170123
2/07/2014 AFP, LLC
RECONCILED
310.00
310.00
.00
Attachment: febckreg (1461 : Approve February 2014 Bills)
New World Systems
DATE 3/04/14
TIME 8:35:12
F I N A N C I A L
M A N A G E M E N T
CHECK REGISTER
PAGE
AP0460
DGKELLY
3
6.A.a
Packet Pg. 21
CHECK # CHECK DATE PAYEE NAME
STATUS
STATUS DATE UPDATED CHECK AMOUNT
RECONCILED AMT
DIFFERENCE
====================================================================================================================================
170124
2/07/2014 PRYOR, JONATHAN
NOT RECONCILED
40.00
.00
.00
170125
2/07/2014 SMITH, REX ANTHONY
RECONCILED
64.00
64.00
.00
170126
2/07/2014 VEST, CHRISTOPHER
RECONCILED
51.74
51.74
.00
170127
2/07/2014 WHITE, LARRY C.
RECONCILED
2,371.88
2,371.88
.00
170128
2/07/2014 GANDHI COMPANY LLC
NOT RECONCILED
650.00
.00
.00
170129
2/07/2014 NELSON, NATHAN
RECONCILED
103.60
103.60
.00
170130
2/07/2014 PELLE, FRED
RECONCILED
31.81
31.81
.00
170131
2/07/2014 WHITE, PHYLLIS
RECONCILED
2,371.87
2,371.87
.00
170132
2/07/2014 WATKINS, BRIANNA
RECONCILED
211.50
211.50
.00
170133
2/07/2014 PAPER CHASE
RECONCILED
95.00
95.00
.00
170134
2/07/2014 ALEXANDER, OLIVIA
RECONCILED
264.00
264.00
.00
170135
2/07/2014 GARLAND/DBS, INC
RECONCILED
3,807.00
3,807.00
.00
170136
2/07/2014 WILLIAMS, CONNIE SUE
RECONCILED
200.00
200.00
.00
170137
2/07/2014 BYRD, FLORENCE N.
RECONCILED
125.06
125.06
.00
170138
2/07/2014 MILLER, MAE
RECONCILED
200.00
200.00
.00
170139
2/07/2014 FERNANDEZ, SELBY DELEON
RECONCILED
212.50
212.50
.00
170140
2/07/2014 WOODS, CATRINA W.
NOT RECONCILED
157.50
.00
.00
170141
2/07/2014 GENO'S PUB
RECONCILED
100.00
100.00
.00
170142
2/07/2014 SERRA TOYOTA OF DECATUR
RECONCILED
150.00
150.00
.00
170143
2/07/2014 SPEARS, DENNY LYNWOOD JR
RECONCILED
692.12
692.12
.00
170144
2/07/2014 BLUE CROSS/BLUE SHIELD
RECONCILED
131.81
131.81
.00
170145
2/07/2014 KING, ELIZABETH GAIL
RECONCILED
500.00
500.00
.00
170146
2/07/2014 ALFARO, BENJAMIN LEON
RECONCILED
8.00
8.00
.00
170147
2/07/2014 HARRIS, TRAVIS LARON
RECONCILED
22.00
22.00
.00
170148
2/07/2014 COX, SUSAN MICHELLE
NOT RECONCILED
500.00
.00
.00
170149
2/07/2014 ROMERO-GONZALEZ, STEPHANI
RECONCILED
100.00
100.00
.00
170150
2/07/2014 OVERTON, LATASHA LOU
RECONCILED
47.00
47.00
.00
170151
2/07/2014 BAILEY, CHANTE CLARISSE
RECONCILED
500.00
500.00
.00
170152
2/07/2014 LORENZA, JONATHAN JOSEPH
RECONCILED
195.00
195.00
.00
170153
2/07/2014 GREEN, ELIZABETH LINDSEY
RECONCILED
250.00
250.00
.00
170154
2/07/2014 NICHOLAS, LACEY
RECONCILED
100.00
100.00
.00
170155
2/07/2014 GREEN, TYREE ANDRE
RECONCILED
150.00
150.00
.00
170156
2/07/2014 MORGAN, TIMMIE
RECONCILED
.71
.71
.00
170157
2/07/2014 ARROW HOCKEY
RECONCILED
315.34
315.34
.00
170158
2/07/2014 CULLIGAN WATER SYSTEMS
RECONCILED
94.00
94.00
.00
170159
2/07/2014 AL GOLF ASSOCIATION
RECONCILED
275.00
275.00
.00
170160
2/07/2014 AL PEACE OFFICERS'
RECONCILED
3,731.00
3,731.00
.00
170161
2/07/2014 PAPER & CHEMICAL SUPPLY
RECONCILED
217.30
217.30
.00
170162
2/07/2014 BELTLINE ELECTRIC MOTOR
RECONCILED
1,025.00
1,025.00
.00
170163
2/07/2014 LOWE'S COMPANIES INC
RECONCILED
836.40
836.40
.00
170164
2/07/2014 BROOKS LOCK & KEY INC
RECONCILED
13.80
13.80
.00
170165
2/07/2014 COMMUNITY ACTION PARTNERS
RECONCILED
1,317.33
1,317.33
.00
170166
2/07/2014 DECATUR DAILY INC
RECONCILED
287.50
287.50
.00
170167
2/07/2014 DECATUR ENGRAVERS & SUPPL
RECONCILED
25.00
25.00
.00
170168
2/07/2014 DECATUR LOCKMASTER & SAFE
RECONCILED
232.45
232.45
.00
170169
2/07/2014 MORGAN CO RESCUE SQUAD
NOT RECONCILED
1,000.00
.00
.00
170170
2/07/2014 VULCAN MATERIALS
RECONCILED
738.36
738.36
.00
170171
2/07/2014 GULF STATES DISTRIBUTOR I
RECONCILED
11,785.20
11,785.20
.00
170172
2/07/2014 MORGAN CO ECONOMIC DEVELO
RECONCILED
5,408.33
5,408.33
.00
170173
2/07/2014 CSX TRANSPORTATION INC
RECONCILED
71.66
71.66
.00
170174
2/07/2014 PUGH WRIGHT McANALLY
RECONCILED
32,426.43
32,426.43
.00
170175
2/07/2014 DECATUR/MORGAN COUNTY
RECONCILED
4,666.67
4,666.67
.00
170176
2/07/2014 DECATUR/MORGAN CO
RECONCILED
1,954.17
1,954.17
.00
Attachment: febckreg (1461 : Approve February 2014 Bills)
New World Systems
DATE 3/04/14
TIME 8:35:12
F I N A N C I A L
M A N A G E M E N T
CHECK REGISTER
PAGE
AP0460
DGKELLY
4
6.A.a
Packet Pg. 22
CHECK # CHECK DATE PAYEE NAME
STATUS
STATUS DATE UPDATED CHECK AMOUNT
RECONCILED AMT
DIFFERENCE
====================================================================================================================================
170177
2/07/2014 PRINCESS THEATRE CTR FOR
RECONCILED
6,666.67
6,666.67
.00
170178
2/07/2014 CITY WHOLESALE GROCERY
RECONCILED
775.45
775.45
.00
170179
2/07/2014 PEPSI COLA DECATUR, LLC
RECONCILED
246.52
246.52
.00
170180
2/07/2014 PERSONNEL BOARD
RECONCILED
54,261.67
54,261.67
.00
170181
2/07/2014 EMP RETIREMENT SYSTEMS OF
RECONCILED
365,310.73
365,310.73
.00
170182
2/07/2014 FOREST MANAGEMENT SPECIAL
RECONCILED
354.46
354.46
.00
170183
2/07/2014 SHERWIN-WILLIAMS CO
RECONCILED
182.51
182.51
.00
170184
2/07/2014 KENNY PIPE & SUPPLY INC
RECONCILED
389.17
389.17
.00
170185
2/07/2014 COMPTROLLER'S OFFICE
RECONCILED
48,689.50
48,689.50
.00
170186
2/07/2014 EMP RETIREMENT SYSTEMS OF
RECONCILED
34,607.06
34,607.06
.00
170187
2/07/2014 DECATUR MORGAN CO CHAMBER
RECONCILED
2,083.33
2,083.33
.00
170188
2/07/2014 THOMPSON TRACTOR CO INC
RECONCILED
5,635.90
5,635.90
.00
170189
2/07/2014 DECATUR PUBLIC LIBRARY
RECONCILED
26,581.42
26,581.42
.00
170190
2/07/2014 JOE WHEELER EMC
RECONCILED
3,247.85
3,247.85
.00
170191
2/07/2014 SOUTHERN PRINTING COMPANY
RECONCILED
843.80
843.80
.00
170192
2/07/2014 WITTICHEN SUPPLY COMPANY
RECONCILED
20.20
20.20
.00
170193
2/07/2014 PBS RENTALS INC
RECONCILED
91.60
91.60
.00
170194
2/07/2014 SMITH SERVICE CORPORATION
RECONCILED
1,548.42
1,548.42
.00
170195
2/07/2014 MORGAN CO HEALTH DEPT
RECONCILED
9,880.00
9,880.00
.00
170196
2/07/2014 VAUGHAN GAS &APPLIANCE CO
RECONCILED
1,860.54
1,860.54
.00
170197
2/07/2014 NORTH AL CHEMICAL CO INC
RECONCILED
2,209.65
2,209.65
.00
170198
2/07/2014 GOLDEN FLAKE SNACK FOODS
RECONCILED
53.72
53.72
.00
170199
2/07/2014 ACE HARDWARE OF DECATUR
RECONCILED
91.47
91.47
.00
170200
2/07/2014 AL CRIME VICTIMS
RECONCILED
1,770.32
1,770.32
.00
170201
2/07/2014 GBW ARCHITECTS
RECONCILED
950.00
950.00
.00
170202
2/07/2014 AUTO-CHLOR SERVICES LLC
RECONCILED
169.95
169.95
.00
170203
2/07/2014 FLEET PRIDE, INC
RECONCILED
342.32
342.32
.00
170204
2/07/2014 CLEAN HARBORS ENV. SERVIC
RECONCILED
3,143.96
3,143.96
.00
170205
2/07/2014 HUNTSVILLE TRACTOR &EQUIP
RECONCILED
175.25
175.25
.00
170206
2/07/2014 KOORSEN FIRE & SECURITY I
RECONCILED
300.00
300.00
.00
170207
2/07/2014 MCPHERSON ALABAMA TAX EXE
RECONCILED
41,522.30
41,522.30
.00
170208
2/07/2014 CALHOUN COMMUNITY COLLEGE
RECONCILED
5,320.00
5,320.00
.00
170209
2/07/2014 VERIZON WIRELESS
RECONCILED
2,744.53
2,744.53
.00
170210
2/07/2014 OFFICE DEPOT
RECONCILED
594.62
594.62
.00
170211
2/07/2014 MORGAN CO COMMISSION
RECONCILED
12,500.00
12,500.00
.00
170212
2/07/2014 DECATUR/MORGAN CO CVB
RECONCILED
33,938.36
33,938.36
.00
170213
2/07/2014 AL CHILD SUPPORT PAYMENT
RECONCILED
8,700.80
8,700.80
.00
170214
2/07/2014 PRO-AIR SERVICES, INC.
RECONCILED
15,393.00
15,393.00
.00
170215
2/07/2014 SIGMA CONSULTING/TRAINING
RECONCILED
300.00
300.00
.00
170216
2/07/2014 FBINAA AL CHAPTER
RECONCILED
255.00
255.00
.00
170217
2/07/2014 HUMPHRIES FARM TURF SUPPL
RECONCILED
2,065.48
2,065.48
.00
170218
2/07/2014 NEXTEL SOUTH CORP
RECONCILED
708.53
708.53
.00
170219
2/07/2014 BLUE CROSS/BLUE SHIELD
RECONCILED
20,880.20
20,880.20
.00
170220
2/07/2014 LADD REAL ESTATE, INC
RECONCILED
400.00
400.00
.00
170221
2/07/2014 DECATUR MORGAN CO CHAMBER
RECONCILED
3,333.33
3,333.33
.00
170222
2/07/2014 TOTAL HOSE INC
RECONCILED
55.36
55.36
.00
170223
2/07/2014 MORGAN CO EMCD
RECONCILED
36,327.67
36,327.67
.00
170224
2/07/2014 GRAINGER
RECONCILED
40.80
40.80
.00
170225
2/07/2014 MENTAL HEALTH ASSOCIATION
RECONCILED
336.02
336.02
.00
170226
2/07/2014 PRYOR FIELD AIRPORT AUTHO
NOT RECONCILED
2,500.00
.00
.00
170227
2/07/2014 DECATUR MORGAN MINORITY
RECONCILED
1,500.00
1,500.00
.00
170228
2/07/2014 CLASSIC CAR CARE
RECONCILED
29.95
29.95
.00
170229
2/07/2014 THOMSON REUTERS - WEST
RECONCILED
1,421.00
1,421.00
.00
Attachment: febckreg (1461 : Approve February 2014 Bills)
New World Systems
DATE 3/04/14
TIME 8:35:12
F I N A N C I A L
M A N A G E M E N T
CHECK REGISTER
PAGE
AP0460
DGKELLY
5
6.A.a
Packet Pg. 23
CHECK # CHECK DATE PAYEE NAME
STATUS
STATUS DATE UPDATED CHECK AMOUNT
RECONCILED AMT
DIFFERENCE
====================================================================================================================================
170230
2/07/2014 GREEN'S VIDEO
RECONCILED
59.99
59.99
.00
170231
2/07/2014 LIGHTNING INDUSTRIAL SERV
RECONCILED
4,220.00
4,220.00
.00
170232
2/07/2014 MEYER, BECKY, ATTORNEY
RECONCILED
4,812.00
4,812.00
.00
170233
2/07/2014 TRAVERS, DEMARIS
RECONCILED
627.00
627.00
.00
170234
2/07/2014 LANGHAM, HEIDI
RECONCILED
1,078.39
1,078.39
.00
170235
2/07/2014 FORTON, JANE
RECONCILED
264.00
264.00
.00
170236
2/07/2014 OSBORNE ANIMAL HOSPITAL
RECONCILED
7,134.50
7,134.50
.00
170237
2/07/2014 HILL, DENISE MATTHESS
RECONCILED
982.00
982.00
.00
170238
2/07/2014 MILLER, CHRISTY M
RECONCILED
7,076.00
7,076.00
.00
170239
2/07/2014 BERNHARD, CHARLES B, IV
RECONCILED
2,688.71
2,688.71
.00
170240
2/07/2014 FAMILY PET HEALTH CARE
RECONCILED
830.00
830.00
.00
170241
2/07/2014 CITY MACHINE
RECONCILED
166.23
166.23
.00
170242
2/07/2014 LINLEY, VICKI G
RECONCILED
468.00
468.00
.00
170243
2/07/2014 ASHWANDER ANIMAL CLINIC
RECONCILED
18.00
18.00
.00
170244
2/07/2014 VINSON, LARRY
RECONCILED
1,371.00
1,371.00
.00
170245
2/13/2014 BANFIELD, THE PET HOSPITA
RECONCILED
181.84
181.84
.00
170246
2/13/2014 CHARTER COMMUNICATIONS
RECONCILED
26.49
26.49
.00
170247
2/13/2014 RDS
RECONCILED
2,556.57
2,556.57
.00
170248
2/13/2014 LIMESTONE FARMER'S CO-OP
RECONCILED
199.80
199.80
.00
170249
2/13/2014 CMS
RECONCILED
3,240.75
3,240.75
.00
170250
2/13/2014 MERCHANT'S FOOD SERVICE
RECONCILED
691.29
691.29
.00
170251
2/13/2014 ABL MANAGEMENT INC
RECONCILED
5,367.48
5,367.48
.00
170252
2/13/2014 BAGBY ELEVATOR CO INC
RECONCILED
771.56
771.56
.00
170253
2/13/2014 ACTIVE SPORTS
RECONCILED
106.39
106.39
.00
170254
2/13/2014 BODY SHOP, INC
RECONCILED
5,411.35
5,411.35
.00
170255
2/13/2014 SUNGARD PUBLIC SECTOR
RECONCILED
6,972.39
6,972.39
.00
170256
2/13/2014 HALL, RICK CONSTRUCTION C
RECONCILED
5,565.23
5,565.23
.00
170257
2/13/2014 CAIN, GREG
RECONCILED
23.00
23.00
.00
170258
2/13/2014 KRENKEL, CHARLES
RECONCILED
163.29
163.29
.00
170259
2/13/2014 GREEN, JONATHAN
RECONCILED
2,499.00
2,499.00
.00
170260
2/13/2014 REGIONS BANK
RECONCILED
24,668.96
24,668.96
.00
170261
2/13/2014 LYONS HR
RECONCILED
7,958.36
7,958.36
.00
170262
2/13/2014 RIVER CITY T-SHIRTS
NOT RECONCILED
417.75
.00
.00
170263
2/13/2014 EXPRESS OIL CHANGE
RECONCILED
103.92
103.92
.00
170264
2/13/2014 USA MOBILITY
RECONCILED
57.81
57.81
.00
170265
2/13/2014 DECATUR WORK RELEASE-GEN
RECONCILED
393.75
393.75
.00
170266
2/13/2014 NESBITT, S. S. & CO INC
RECONCILED
50.00
50.00
.00
170267
2/13/2014 LEISURE LINES PLAYGROUND
RECONCILED
17,258.25
17,258.25
.00
170268
2/13/2014 HOLSTON GASES INC
RECONCILED
159.67
159.67
.00
170269
2/13/2014 LEEPENS - BATTERIES PLUS
RECONCILED
201.60
201.60
.00
170270
2/13/2014 SWOOPES, WESLEY
RECONCILED
50.00
50.00
.00
170271
2/13/2014 AMBASSADOR PERSONNEL, INC
RECONCILED
4,427.08
4,427.08
.00
170272
2/13/2014 RR DONNELLEY
RECONCILED
342.00
342.00
.00
170273
2/13/2014 ALACOURT.COM
RECONCILED
107.00
107.00
.00
170274
2/13/2014 LANE, GREGORY A. DBA/
RECONCILED
200.00
200.00
.00
170275
2/13/2014 CINTAS CORPORATION
RECONCILED
2,526.27
2,526.27
.00
170276
2/13/2014 KILLERBEADS, INC
RECONCILED
878.58
878.58
.00
170277
2/13/2014 LYNN LAYTON FORD
RECONCILED
1,115.65
1,115.65
.00
170278
2/13/2014 BIG SPRING ENVIRONMENTAL
RECONCILED
1,410.19
1,410.19
.00
170279
2/13/2014 HELLUMS, DEWAYNE
RECONCILED
633.54
633.54
.00
170280
2/13/2014 HILL'S B.P.
RECONCILED
400.00
400.00
.00
170281
2/13/2014 ALLIANCE HR, INC
RECONCILED
54,646.29
54,646.29
.00
170282
2/13/2014 FLOWERS BAKING OF BIRMING
RECONCILED
43.04
43.04
.00
Attachment: febckreg (1461 : Approve February 2014 Bills)
New World Systems
DATE 3/04/14
TIME 8:35:12
F I N A N C I A L
M A N A G E M E N T
CHECK REGISTER
PAGE
AP0460
DGKELLY
6
6.A.a
Packet Pg. 24
CHECK # CHECK DATE PAYEE NAME
STATUS
STATUS DATE UPDATED CHECK AMOUNT
RECONCILED AMT
DIFFERENCE
====================================================================================================================================
170283
2/13/2014 L & L OUTDOOR SERVICES
RECONCILED
13,295.15
13,295.15
.00
170284
2/13/2014 RJ YOUNG COMPANY INC
RECONCILED
827.54
827.54
.00
170285
2/13/2014 ATHENS UTILITIES
RECONCILED
1,334.31
1,334.31
.00
170286
2/13/2014 LOWE'S COMPANIES INC
RECONCILED
1,141.66
1,141.66
.00
170287
2/13/2014 CERTIFIED AUTOMATIC FIRE
RECONCILED
4,345.00
4,345.00
.00
170288
2/13/2014 DECATUR MORGAN CO CHAMBER
VOIDED
2/26/2014 YES
30.00
.00
.00
170289
2/13/2014 CONSOLIDATED ELECTRICAL
RECONCILED
309.84
309.84
.00
170290
2/13/2014 COOK'S PEST CONTROL INC
RECONCILED
325.00
325.00
.00
170291
2/13/2014 DECATUR DAILY INC
RECONCILED
1,837.57
1,837.57
.00
170292
2/13/2014 DOBBS EQUIPMENT CO INC
RECONCILED
309.02
309.02
.00
170293
2/13/2014 GOBBLE-FITE LUMBER CO INC
RECONCILED
966.29
966.29
.00
170294
2/13/2014 PUGH WRIGHT McANALLY
RECONCILED
751.40
751.40
.00
170295
2/13/2014 NAFECO INC
RECONCILED
184.00
184.00
.00
170296
2/13/2014 DAVIS, D. B. PLUMBING SUP
RECONCILED
606.23
606.23
.00
170297
2/13/2014 JOE WHEELER EMC
RECONCILED
128.13
128.13
.00
170298
2/13/2014 WITTICHEN SUPPLY COMPANY
RECONCILED
225.26
225.26
.00
170299
2/13/2014 HOME DEPOT CREDIT SERVICE
RECONCILED
1,954.37
1,954.37
.00
170300
2/13/2014 MUNICIPAL WORKERS' COMP F
RECONCILED
28,318.39
28,318.39
.00
170301
2/13/2014 ACE HARDWARE OF DECATUR
RECONCILED
195.59
195.59
.00
170302
2/13/2014 SOUTHERN LINC
RECONCILED
811.72
811.72
.00
170303
2/13/2014 LIFEGUARD STORE INC THE
RECONCILED
222.22
222.22
.00
170304
2/13/2014 JULIA'S POOLS INC
RECONCILED
1,451.00
1,451.00
.00
170305
2/13/2014 FASTENAL COMPANY
RECONCILED
295.31
295.31
.00
170306
2/13/2014 VERIZON WIRELESS
RECONCILED
1,896.01
1,896.01
.00
170307
2/13/2014 SANSOM EQUIPMENT CO INC
RECONCILED
1,737.05
1,737.05
.00
170308
2/13/2014 OFFICE DEPOT
RECONCILED
50.52
50.52
.00
170309
2/13/2014 MORGAN CO COMMISSION
RECONCILED
715.00
715.00
.00
170310
2/13/2014 DECATUR MORGAN HOSPITAL
RECONCILED
105.78
105.78
.00
170311
2/13/2014 JMS RUSSEL METALS CORP
RECONCILED
149.00
149.00
.00
170312
2/13/2014 AMERIC EQUIPMENT/HARTSELL
RECONCILED
1,797.14
1,797.14
.00
170313
2/13/2014 T-MOBILE
RECONCILED
7.19
7.19
.00
170314
2/13/2014 ATCHLEY, HEATHER
RECONCILED
810.00
810.00
.00
170315
2/13/2014 DECATUR ELECTRONICS COMM.
RECONCILED
4,152.71
4,152.71
.00
170316
2/13/2014 CITY MACHINE
RECONCILED
23.04
23.04
.00
170317
2/13/2014 EDDY'S AUTO PARTS
RECONCILED
599.24
599.24
.00
170318
2/19/2014 GARRISON DECATUR OWNER LL
RECONCILED
59,364.87
59,364.87
.00
170319
2/19/2014 HARRIS CADDELL TRUST ACCO
RECONCILED
146,088.00
146,088.00
.00
170320
2/19/2014 IBM
RECONCILED
1,961.02
1,961.02
.00
170321
2/19/2014 GRESHAM SMITH & PARTNERS
RECONCILED
659.35
659.35
.00
170322
2/21/2014 SQUAD FITTERS, INC
NOT RECONCILED
2,935.54
.00
.00
170323
2/21/2014 NATIONAL RIFLE ASSN OF AM
NOT RECONCILED
1,190.00
.00
.00
170324
2/21/2014 STRICKLAND COMPANIES
RECONCILED
199.05
199.05
.00
170325
2/21/2014 O'REILLY AUTOMOTIVE INC
NOT RECONCILED
2,595.44
.00
.00
170326
2/21/2014 HOBART SALES & SERVICE IN
RECONCILED
218.00
218.00
.00
170327
2/21/2014 CHARTER MEDIA
RECONCILED
701.25
701.25
.00
170328
2/21/2014 CHARTER COMMUNICATIONS
NOT RECONCILED
889.43
.00
.00
170329
2/21/2014 J & M CYLINDER GASES INC
RECONCILED
276.27
276.27
.00
170330
2/21/2014 AT&T MOBILITY
NOT RECONCILED
49.12
.00
.00
170331
2/21/2014 MICHAEL JONES ROOFING
RECONCILED
800.00
800.00
.00
170332
2/21/2014 AL DEPT OF AGRICULTURE AN
NOT RECONCILED
45.00
.00
.00
170333
2/21/2014 PRO-ALIGN, LLC
NOT RECONCILED
1,170.01
.00
.00
170334
2/21/2014 PERRY COMPANY INC
RECONCILED
246.00
246.00
.00
170335
2/21/2014 VALLEY OVERHEAD DOOR INC
RECONCILED
295.00
295.00
.00
Attachment: febckreg (1461 : Approve February 2014 Bills)
New World Systems
DATE 3/04/14
TIME 8:35:12
F I N A N C I A L
M A N A G E M E N T
CHECK REGISTER
PAGE
AP0460
DGKELLY
7
6.A.a
Packet Pg. 25
CHECK # CHECK DATE PAYEE NAME
STATUS
STATUS DATE UPDATED CHECK AMOUNT
RECONCILED AMT
DIFFERENCE
====================================================================================================================================
170336
2/21/2014 BUTTS FOODS, INC.
NOT RECONCILED
109.27
.00
.00
170337
2/21/2014 TTL, INC
RECONCILED
3,592.79
3,592.79
.00
170338
2/21/2014 ROBERTS GROUP INC
RECONCILED
390.00
390.00
.00
170339
2/21/2014 ENVIRONMENTAL RENTAL SVC
NOT RECONCILED
36.00
.00
.00
170340
2/21/2014 MERCHANT'S FOOD SERVICE
NOT RECONCILED
589.09
.00
.00
170341
2/21/2014 PEDDLER LAWNMOWER & BIKE
RECONCILED
75.91
75.91
.00
170342
2/21/2014 LEXISNEXIS
NOT RECONCILED
396.00
.00
.00
170343
2/21/2014 ABL MANAGEMENT INC
NOT RECONCILED
2,695.83
.00
.00
170344
2/21/2014 NEELY COBLE
RECONCILED
1,943.27
1,943.27
.00
170345
2/21/2014 SUPERIOR LAWN CARE
RECONCILED
5,825.18
5,825.18
.00
170346
2/21/2014 MUNTERS CORPORATION
NOT RECONCILED
1,082.90
.00
.00
170347
2/21/2014 BERNEY OFFICE SOLUTIONS-H
NOT RECONCILED
2,320.54
.00
.00
170348
2/21/2014 PATE, JERRY TURF & IRRIGA
RECONCILED
554.14
554.14
.00
170349
2/21/2014 NUCOR STEEL
NOT RECONCILED
3,820.37
.00
.00
170350
2/21/2014 FAMILY HEALTH & PREVENTIO
RECONCILED
150.00
150.00
.00
170351
2/21/2014 MADISON, LARRY W.
NOT RECONCILED
1,220.00
.00
.00
170352
2/21/2014 VALLEY SATELLITE
NOT RECONCILED
25.00
.00
.00
170353
2/21/2014 DISH
NOT RECONCILED
153.66
.00
.00
170354
2/21/2014 PROFESSIONAL PROBATION SE
RECONCILED
15.00
15.00
.00
170355
2/21/2014 MCWHORTER COMMUNICATIONS
RECONCILED
1,702.50
1,702.50
.00
170356
2/21/2014 WILLIAMS SCOTSMAN, INC.
NOT RECONCILED
64.45
.00
.00
170357
2/21/2014 CALVIN'S TWISTERS GYMNAST
RECONCILED
132.45
132.45
.00
170358
2/21/2014 MUNDY MAINT & SVC LLC
NOT RECONCILED
238.00
.00
.00
170359
2/21/2014 STERICYCLE INC
NOT RECONCILED
149.19
.00
.00
170360
2/21/2014 AIRGAS CARBONIC
NOT RECONCILED
375.00
.00
.00
170361
2/21/2014 LAWRENCE COUNTY JUDICIAL
RECONCILED
384.14
384.14
.00
170362
2/21/2014 BADGER METER INC
NOT RECONCILED
88.00
.00
.00
170363
2/21/2014 BRYANT, JONATHAN
NOT RECONCILED
105.00
.00
.00
170364
2/21/2014 CAIN, GREG
NOT RECONCILED
16.00
.00
.00
170365
2/21/2014 MCCURRY MOTOR CO INC
NOT RECONCILED
1,917.90
.00
.00
170366
2/21/2014 JOHNSON, J K MECHANICAL
RECONCILED
112.50
112.50
.00
170367
2/21/2014 DEL MONTE CORPORATION
NOT RECONCILED
53.80
.00
.00
170368
2/21/2014 HARBOR SQUARE APARTMENTS
RECONCILED
181.83
181.83
.00
170369
2/21/2014 NYCOM INC
RECONCILED
75.00
75.00
.00
170370
2/21/2014 KRENKEL, CHARLES
RECONCILED
585.90
585.90
.00
170371
2/21/2014 CELL PAK LLC
NOT RECONCILED
375.00
.00
.00
170372
2/21/2014 LYONS HR
RECONCILED
3,403.29
3,403.29
.00
170373
2/21/2014 BENJAMIN FRANKLIN PLUMBIN
RECONCILED
78.00
78.00
.00
170374
2/21/2014 TEXAS CHILD SUPPORT SDU
RECONCILED
100.00
100.00
.00
170375
2/21/2014 SELLERS, JANET C.
RECONCILED
8.00
8.00
.00
170376
2/21/2014 DECATUR WORK RELEASE-GEN
RECONCILED
2,575.00
2,575.00
.00
170377
2/21/2014 A & S METALS
RECONCILED
438.00
438.00
.00
170378
2/21/2014 FASTENING SOLUTIONS, INC.
NOT RECONCILED
125.00
.00
.00
170379
2/21/2014 HYOSUNG USA DECATUR PLANT
RECONCILED
47.77
47.77
.00
170380
2/21/2014 WILKS TRUCK TIRE LLC
RECONCILED
667.96
667.96
.00
170381
2/21/2014 BATES SEPTIC SERVICES, IN
RECONCILED
380.00
380.00
.00
170382
2/21/2014 BERNEY OFFICE SOLUTIONS
NOT RECONCILED
8.87
.00
.00
170383
2/21/2014 AQUIS COMMUNICATIONS
NOT RECONCILED
11.90
.00
.00
170384
2/21/2014 KNIGHTS OF COLUMBUS
NOT RECONCILED
100.00
.00
.00
170385
2/21/2014 WAYNE FARMS LLC
NOT RECONCILED
33.75
.00
.00
170386
2/21/2014 DECATUR GOLF CARTS, LLC.
NOT RECONCILED
37.50
.00
.00
170387
2/21/2014 TRACKING PRODUCTS INC
NOT RECONCILED
348.00
.00
.00
170388
2/21/2014 HEALTHGROUP OF ALABAMA
NOT RECONCILED
174.00
.00
.00
Attachment: febckreg (1461 : Approve February 2014 Bills)
New World Systems
DATE 3/04/14
TIME 8:35:12
F I N A N C I A L
M A N A G E M E N T
CHECK REGISTER
PAGE
AP0460
DGKELLY
8
6.A.a
Packet Pg. 26
CHECK # CHECK DATE PAYEE NAME
STATUS
STATUS DATE UPDATED CHECK AMOUNT
RECONCILED AMT
DIFFERENCE
====================================================================================================================================
170389
2/21/2014 COFFEY BROTHERS WASTE MGT
NOT RECONCILED
154.05
.00
.00
170390
2/21/2014 STEEL TECHNOLOGIES INC
NOT RECONCILED
17.83
.00
.00
170391
2/21/2014 TATE SERVICES INC
RECONCILED
147.00
147.00
.00
170392
2/21/2014 BANK N BUSINESS SYSTEMS
RECONCILED
99.27
99.27
.00
170393
2/21/2014 AMBASSADOR PERSONNEL, INC
RECONCILED
720.95
720.95
.00
170394
2/21/2014 CRAIG, STACIE M.
RECONCILED
331.38
331.38
.00
170395
2/21/2014 ECMC
RECONCILED
280.26
280.26
.00
170396
2/21/2014 SIMON ROOFING&SHEET METAL
NOT RECONCILED
75.00
.00
.00
170397
2/21/2014 TEAM ROOFING INC
NOT RECONCILED
123.00
.00
.00
170398
2/21/2014 INTEGRASERV
RECONCILED
1,533.00
1,533.00
.00
170399
2/21/2014 TONY E. BROWN
NOT RECONCILED
90.79
.00
.00
170400
2/21/2014 THORNTON VILLA
NOT RECONCILED
217.50
.00
.00
170401
2/21/2014 EMERGENCY EQUIPMENT
RECONCILED
1,056.20
1,056.20
.00
170402
2/21/2014 NO AL CHIEFS OF POLICE
NOT RECONCILED
35.00
.00
.00
170403
2/21/2014 CINTAS CORPORATION
NOT RECONCILED
1,459.66
.00
.00
170404
2/21/2014 THE LIOCE GROUP INC
RECONCILED
484.84
484.84
.00
170405
2/21/2014 CENTEREDGE SOFTWARE
NOT RECONCILED
3,120.00
.00
.00
170406
2/21/2014 TENNESSEE CHILD SUPPORT
RECONCILED
180.91
180.91
.00
170407
2/21/2014 CASHMASTER
RECONCILED
418.31
418.31
.00
170408
2/21/2014 DETAIL LAWN CARE (REFUND)
NOT RECONCILED
37.50
.00
.00
170409
2/21/2014 HOLLAND EQUIPMENT LLC (RE
RECONCILED
37.50
37.50
.00
170410
2/21/2014 RIVERSEDGE MACHINE &
NOT RECONCILED
375.00
.00
.00
170411
2/21/2014 WHEELER ESTATES APARTMENT
RECONCILED
1,412.35
1,412.35
.00
170412
2/21/2014 FILTER TECHNOLOGY/FIL TEC
NOT RECONCILED
50.00
.00
.00
170413
2/21/2014 DECATUR DOOR SERVICE
RECONCILED
100.00
100.00
.00
170414
2/21/2014 MADISON SECURITY GROUP IN
NOT RECONCILED
658.00
.00
.00
170415
2/21/2014 BIG SPRING ENVIRONMENTAL
RECONCILED
96.07
96.07
.00
170416
2/21/2014 PPM CONSULTANTS, INC
RECONCILED
105,272.08
105,272.08
.00
170417
2/21/2014 INGRAM EQUIPMENT COMPANY
RECONCILED
489.96
489.96
.00
170418
2/21/2014 YAMAHA GOLF CAR COMPANY
RECONCILED
81.18
81.18
.00
170419
2/21/2014 ACCOUNT CONTROL TECHNOLOG
RECONCILED
166.83
166.83
.00
170420
2/21/2014 PARKES MECHANICAL & METAL
NOT RECONCILED
187.13
.00
.00
170421
2/21/2014 OFFICE INSIGHTS
NOT RECONCILED
25.00
.00
.00
170422
2/21/2014 GEORGE PLUMBING LLC
RECONCILED
1,513.95
1,513.95
.00
170423
2/21/2014 KEYSTONE LABORATORIES, IN
NOT RECONCILED
125.00
.00
.00
170424
2/21/2014 PINNACLE TOWERS ACQUISITI
NOT RECONCILED
87.50
.00
.00
170425
2/21/2014 LKCM CPI DISTRIBUTION LLC
NOT RECONCILED
100.00
.00
.00
170426
2/21/2014 HARBOR POINT APARTMENTS /
RECONCILED
131.25
131.25
.00
170427
2/21/2014 CEMEX SOUTHEAST LLC
/RE
NOT RECONCILED
514.47
.00
.00
170428
2/21/2014 HAND ARENDALL LLC
RECONCILED
4,653.75
4,653.75
.00
170429
2/21/2014 HOAR PROGRAM MANAGEMENT
RECONCILED
2,215.00
2,215.00
.00
170430
2/21/2014 ALLIANCE HR, INC
NOT RECONCILED
9,411.90
.00
.00
170431
2/21/2014 SUNSOURCE
NOT RECONCILED
1,917.29
.00
.00
170432
2/21/2014 MORGAN COUNTY DISTRICT CO
RECONCILED
1,256.42
1,256.42
.00
170433
2/21/2014 MORGAN COUNTY DISTRICT CO
RECONCILED
783.94
783.94
.00
170434
2/21/2014 BOBBY MITCHELL TREE SERVI
RECONCILED
14,100.00
14,100.00
.00
170435
2/21/2014 UNITED STATES BANKRUPTCY
RECONCILED
3,528.00
3,528.00
.00
170436
2/21/2014 SUPERIOR SCAFFOLDING &
RECONCILED
976.03
976.03
.00
170437
2/21/2014 MATTHEWS, RANDAL ADRIAN
NOT RECONCILED
35.00
.00
.00
170438
2/21/2014 IQM2
NOT RECONCILED
750.00
.00
.00
170439
2/21/2014 GREAT AMERICAN OPPORTUNIT
RECONCILED
143.25
143.25
.00
170440
2/21/2014 LOTTS TRAILER COURT
NOT RECONCILED
50.00
.00
.00
170441
2/21/2014 MARATHON HEALTH INC
NOT RECONCILED
289.84
.00
.00
Attachment: febckreg (1461 : Approve February 2014 Bills)
New World Systems
DATE 3/04/14
TIME 8:35:12
F I N A N C I A L
M A N A G E M E N T
CHECK REGISTER
PAGE
AP0460
DGKELLY
9
6.A.a
Packet Pg. 27
CHECK # CHECK DATE PAYEE NAME
STATUS
STATUS DATE UPDATED CHECK AMOUNT
RECONCILED AMT
DIFFERENCE
====================================================================================================================================
170442
2/21/2014 READY SET SWEAT
NOT RECONCILED
37.50
.00
.00
170443
2/21/2014 SPLAWN CONSTRUCTION INC
NOT RECONCILED
37.50
.00
.00
170444
2/21/2014 L & W SURPLUS
NOT RECONCILED
25.50
.00
.00
170445
2/21/2014 AST ENVIRONMENTAL GROUP L
NOT RECONCILED
321.52
.00
.00
170446
2/21/2014 ORGILL, INC.
NOT RECONCILED
295.03
.00
.00
170447
2/21/2014 FRENCH DOOR SALON & DAY
NOT RECONCILED
100.00
.00
.00
170448
2/21/2014 INTERSTATE BILLING SERVIC
RECONCILED
100.00
100.00
.00
170449
2/21/2014 CANFIELD & JOSEPH INC.
NOT RECONCILED
25.00
.00
.00
170450
2/21/2014 A & A TIRES LLC
NOT RECONCILED
10.00
.00
.00
170451
2/21/2014 R J MECHANICAL, INC.
RECONCILED
26.64
26.64
.00
170452
2/21/2014 CENTRAL ALABAMA X-RAY
RECONCILED
25.00
25.00
.00
170453
2/21/2014 KYUKA WATERS, INC.
NOT RECONCILED
25.00
.00
.00
170454
2/21/2014 KOMET USA
NOT RECONCILED
25.00
.00
.00
170455
2/21/2014 DYNAMIC SECURITY, INC.
NOT RECONCILED
12.01
.00
.00
170456
2/21/2014 DISH NETWORK LLC
NOT RECONCILED
50.00
.00
.00
170457
2/21/2014 KASCO CORPORATION
NOT RECONCILED
25.00
.00
.00
170458
2/21/2014 DELOAIN NEW YORK DAY SPA
RECONCILED
851.09
851.09
.00
170459
2/21/2014 QUENCH USA, INC.
NOT RECONCILED
50.00
.00
.00
170460
2/21/2014 BUTLER ANIMAL HEALTH
NOT RECONCILED
50.00
.00
.00
170461
2/21/2014 EASTWYNN THEATRES
NOT RECONCILED
212.01
.00
.00
170462
2/21/2014 CF PENN HAMBURGERS
NOT RECONCILED
141.13
.00
.00
170463
2/21/2014 AUSTIN REGENCY APARTMENTS
NOT RECONCILED
10.00
.00
.00
170464
2/21/2014 KIDS TOWN PEDIATRICS
NOT RECONCILED
200.00
.00
.00
170465
2/21/2014 ROBERT J YOUNG COMPANY, I
NOT RECONCILED
181.46
.00
.00
170466
2/21/2014 PARMAN ENERGY CORPORATION
NOT RECONCILED
100.00
.00
.00
170467
2/21/2014 CULLMAN LIFT SPECIALTY, I
NOT RECONCILED
25.00
.00
.00
170468
2/21/2014 HGS HOMECARE OF DECATUR
NOT RECONCILED
3,229.26
.00
.00
170469
2/21/2014 KLOECKNER METALS CORPORAT
NOT RECONCILED
2,402.11
.00
.00
170470
2/21/2014 MAGIC STEEL SALES
NOT RECONCILED
17.16
.00
.00
170471
2/21/2014 RODGERS, JIMMY
NOT RECONCILED
35.00
.00
.00
170472
2/21/2014 TURNER, DONNA
NOT RECONCILED
1.00
.00
.00
170473
2/21/2014 NARMORE, GARY DOUGLAS
NOT RECONCILED
20.00
.00
.00
170474
2/21/2014 NESBIT, ROMELL
NOT RECONCILED
85.00
.00
.00
170475
2/21/2014 LAIRD, ANDREA H.
NOT RECONCILED
35.00
.00
.00
170476
2/21/2014 KING, MICHAEL
RECONCILED
85.00
85.00
.00
170477
2/21/2014 LAWSON, MARCY
NOT RECONCILED
35.00
.00
.00
170478
2/21/2014 OWENS, ALEXANDRIA
RECONCILED
110.00
110.00
.00
170479
2/21/2014 KNIGHT, BETTIE
RECONCILED
35.00
35.00
.00
170480
2/21/2014 MARTIN, BRITTANEY
RECONCILED
110.00
110.00
.00
170481
2/21/2014 CASWELL, GARY
RECONCILED
110.00
110.00
.00
170482
2/21/2014 LIFTONE LLC
NOT RECONCILED
638.98
.00
.00
170483
2/21/2014 SOLLEY FAMILY PARTNERSHIP
NOT RECONCILED
4,550.00
.00
.00
170484
2/21/2014 BOLTON, JAMES FRANKLIN
RECONCILED
6.00
6.00
.00
170485
2/21/2014 TITLEIST
NOT RECONCILED
607.38
.00
.00
170486
2/21/2014 BROADCAST MUSIC INC
NOT RECONCILED
591.30
.00
.00
170487
2/21/2014 PAPER & CHEMICAL SUPPLY
RECONCILED
89.88
89.88
.00
170488
2/21/2014 AFLAC
RECONCILED
7,899.60
7,899.60
.00
170489
2/21/2014 BELTLINE ELECTRIC MOTOR
RECONCILED
784.63
784.63
.00
170490
2/21/2014 LOWE'S COMPANIES INC
NOT RECONCILED
4,861.98
.00
.00
170491
2/21/2014 BROOKS LOCK & KEY INC
RECONCILED
46.00
46.00
.00
170492
2/21/2014 CDW GOVERNMENT INC
NOT RECONCILED
3,801.97
.00
.00
170493
2/21/2014 COOK'S PEST CONTROL INC
RECONCILED
4,593.00
4,593.00
.00
170494
2/21/2014 DECATUR LOCKMASTER & SAFE
RECONCILED
560.00
560.00
.00
Attachment: febckreg (1461 : Approve February 2014 Bills)
New World Systems
DATE 3/04/14
TIME 8:35:12
F I N A N C I A L
M A N A G E M E N T
CHECK REGISTER
PAGE
10
AP0460
DGKELLY
6.A.a
Packet Pg. 28
CHECK # CHECK DATE PAYEE NAME
STATUS
STATUS DATE UPDATED CHECK AMOUNT
RECONCILED AMT
DIFFERENCE
====================================================================================================================================
170495
2/21/2014 DECATUR RUBBER & GASKET
RECONCILED
12.04
12.04
.00
170496
2/21/2014 DECATUR UTILITIES
RECONCILED
9,373.85
9,373.85
.00
170497
2/21/2014 VULCAN MATERIALS
RECONCILED
1,028.40
1,028.40
.00
170498
2/21/2014 SAFETY KLEEN CORP
RECONCILED
109.74
109.74
.00
170499
2/21/2014 TRIDENT INSURANCE SERVICE
NOT RECONCILED
25,000.00
.00
.00
170500
2/21/2014 JONES FENCE ENTERPRISES
RECONCILED
450.00
450.00
.00
170501
2/21/2014 PUGH WRIGHT McANALLY
RECONCILED
5,107.36
5,107.36
.00
170502
2/21/2014 METAL FASTENER SUP CO INC
RECONCILED
19.95
19.95
.00
170503
2/21/2014 NETHERTON AUTO PARTS, INC
RECONCILED
3,268.25
3,268.25
.00
170504
2/21/2014 NAFECO INC
RECONCILED
10,236.74
10,236.74
.00
170505
2/21/2014 DAVIS, D. B. PLUMBING SUP
NOT RECONCILED
25.36
.00
.00
170506
2/21/2014 PEPSI COLA DECATUR, LLC
RECONCILED
1,777.95
1,777.95
.00
170507
2/21/2014 RITE WAY SERVICE INC
RECONCILED
6,320.34
6,320.34
.00
170508
2/21/2014 SHERWIN-WILLIAMS CO
RECONCILED
259.15
259.15
.00
170509
2/21/2014 SOUTHLAND INTL TRUCKS INC
NOT RECONCILED
3,528.16
.00
.00
170510
2/21/2014 KENNY PIPE & SUPPLY INC
RECONCILED
323.15
323.15
.00
170511
2/21/2014 THOMPSON TRACTOR CO INC
RECONCILED
7,150.59
7,150.59
.00
170512
2/21/2014 TRACTOR & EQUIPMENT CO IN
NOT RECONCILED
5,745.97
.00
.00
170513
2/21/2014 AIRGAS USA, LLC
NOT RECONCILED
158.09
.00
.00
170514
2/21/2014 JOE WHEELER EMC
RECONCILED
1,190.39
1,190.39
.00
170515
2/21/2014 ZEE MEDICAL, INC
RECONCILED
31.83
31.83
.00
170516
2/21/2014 THOMAS, W. H. OIL CO INC
RECONCILED
1,572.00
1,572.00
.00
170517
2/21/2014 MARX OPTICAL INC
RECONCILED
392.89
392.89
.00
170518
2/21/2014 SMITH SERVICE CORPORATION
RECONCILED
6,219.09
6,219.09
.00
170519
2/21/2014 DECATUR CITY SCHOOLS
RECONCILED
5,037,135.31
5,037,135.31
.00
170520
2/21/2014 OLD DOMINION BRUSH
NOT RECONCILED
2,624.13
.00
.00
170521
2/21/2014 VAUGHAN GAS &APPLIANCE CO
RECONCILED
1,361.80
1,361.80
.00
170522
2/21/2014 NORTH AL CHEMICAL CO INC
RECONCILED
1,114.13
1,114.13
.00
170523
2/21/2014 GOLDEN FLAKE SNACK FOODS
NOT RECONCILED
64.24
.00
.00
170524
2/21/2014 CITY DIESEL INC
RECONCILED
199.00
199.00
.00
170525
2/21/2014 ACE HARDWARE OF DECATUR
RECONCILED
31.95
31.95
.00
170526
2/21/2014 XEROX CORPORATION
NOT RECONCILED
215.30
.00
.00
170527
2/21/2014 PACT
RECONCILED
1,700.00
1,700.00
.00
170528
2/21/2014 AUTO-CHLOR SERVICES LLC
NOT RECONCILED
177.45
.00
.00
170529
2/21/2014 WESTMEADE PHARMACY CARE
NOT RECONCILED
105.32
.00
.00
170530
2/21/2014 FLEET PRIDE, INC
RECONCILED
982.07
982.07
.00
170531
2/21/2014 SEXTON INC
RECONCILED
5,288.20
5,288.20
.00
170532
2/21/2014 AT&T
RECONCILED
9,184.94
9,184.94
.00
170533
2/21/2014 BLUE CROSS/BLUE SHIELD
RECONCILED
8,985.34
8,985.34
.00
170534
2/21/2014 MANTEK
NOT RECONCILED
246.11
.00
.00
170535
2/21/2014 FASTENAL COMPANY
NOT RECONCILED
55.61
.00
.00
170536
2/21/2014 MCPHERSON ALABAMA TAX EXE
NOT RECONCILED
23,075.71
.00
.00
170537
2/21/2014 DELL MARKETING L.P.
NOT RECONCILED
946.27
.00
.00
170538
2/21/2014 STATE EMPLOYEES INS BOARD
NOT RECONCILED
556,036.00
.00
.00
170539
2/21/2014 VERIZON WIRELESS
RECONCILED
1,364.38
1,364.38
.00
170540
2/21/2014 TVW ELECTRICAL SUPPLIES I
RECONCILED
48.21
48.21
.00
170541
2/21/2014 USPCA REGION 22
NOT RECONCILED
50.00
.00
.00
170542
2/21/2014 OFFICE DEPOT
NOT RECONCILED
694.86
.00
.00
170543
2/21/2014 PRO-TEC SECURITY
NOT RECONCILED
96.00
.00
.00
170544
2/21/2014 AL CHILD SUPPORT PAYMENT
RECONCILED
8,700.80
8,700.80
.00
170545
2/21/2014 UNIVERSITY OF ALABAMA
NOT RECONCILED
225.00
.00
.00
170546
2/21/2014 CARRIER CORPORATION
NOT RECONCILED
791.66
.00
.00
170547
2/21/2014 HUMPHRIES FARM TURF SUPPL
RECONCILED
756.52
756.52
.00
Attachment: febckreg (1461 : Approve February 2014 Bills)
New World Systems
DATE 3/04/14
TIME 8:35:12
F I N A N C I A L
M A N A G E M E N T
CHECK REGISTER
PAGE
11
AP0460
DGKELLY
6.A.a
Packet Pg. 29
CHECK # CHECK DATE PAYEE NAME
STATUS
STATUS DATE UPDATED CHECK AMOUNT
RECONCILED AMT
DIFFERENCE
====================================================================================================================================
170548
2/21/2014 ARTIC REFRIGERATION SERVI
NOT RECONCILED
338.60
.00
.00
170549
2/21/2014 TOTAL HOSE INC
RECONCILED
155.62
155.62
.00
170550
2/21/2014 GRAINGER
NOT RECONCILED
620.16
.00
.00
170551
2/21/2014 DSI
RECONCILED
147.41
147.41
.00
170552
2/21/2014 BUNGE CORPORATION
NOT RECONCILED
326.73
.00
.00
170553
2/21/2014 SMITH MOTORS LLC#3
NOT RECONCILED
75.00
.00
.00
170554
2/21/2014 JMS RUSSEL METALS CORP
NOT RECONCILED
34.00
.00
.00
170555
2/21/2014 AL DEPT OF REVENUE
RECONCILED
122.27
122.27
.00
170556
2/21/2014 HARTSELLE ENQUIRER, LLC
RECONCILED
75.00
75.00
.00
170557
2/21/2014 T-MOBILE
NOT RECONCILED
255.70
.00
.00
170558
2/21/2014 WATERS BROTHERS CONTRACTO
RECONCILED
250.00
250.00
.00
170559
2/21/2014 COOK'S PEST CONTROL INC
RECONCILED
90.23
90.23
.00
170560
2/21/2014 MORGAN CO RECYCLING FUND
RECONCILED
15,319.39
15,319.39
.00
170561
2/21/2014 WS ELECTRICAL & A/C INC
RECONCILED
630.23
630.23
.00
170562
2/21/2014 EAGLE WHOLESALE SUPPLY
RECONCILED
508.33
508.33
.00
170563
2/21/2014 NOWLIN & ASSOCIATES
NOT RECONCILED
1,468.00
.00
.00
170564
2/21/2014 HALE, DWIGHT
NOT RECONCILED
100.00
.00
.00
170565
2/21/2014 WILKS TIRE & BATTERY SERV
RECONCILED
478.06
478.06
.00
170566
2/21/2014 LIGHTNING INDUSTRIAL SERV
RECONCILED
3,800.00
3,800.00
.00
170567
2/21/2014 AAMA
NOT RECONCILED
150.00
.00
.00
170568
2/21/2014 C W JORDAN CONSULTING
RECONCILED
3,500.00
3,500.00
.00
170569
2/21/2014 OSBORNE ANIMAL HOSPITAL
RECONCILED
5,682.65
5,682.65
.00
170570
2/21/2014 VALLEY UPHOLSTERY
RECONCILED
1,475.00
1,475.00
.00
170571
2/21/2014 BERNHARD, CHARLES B, IV
RECONCILED
749.05
749.05
.00
170572
2/21/2014 NU IMAGE ENGRAVING & AWAR
RECONCILED
90.00
90.00
.00
170573
2/21/2014 VINSON, LARRY
NOT RECONCILED
105.00
.00
.00
170574
2/27/2014 HARRIS, ABRAINS KEITH
NOT RECONCILED
46.00
.00
.00
170575
2/27/2014 O'REILLY AUTOMOTIVE INC
NOT RECONCILED
263.28
.00
.00
170576
2/27/2014 LAMAR COMPANIES
NOT RECONCILED
700.00
.00
.00
170577
2/27/2014 J & M CYLINDER GASES INC
NOT RECONCILED
155.02
.00
.00
170578
2/27/2014 PENCE, JAMES MARVIN
NOT RECONCILED
287.00
.00
.00
170579
2/27/2014 GAULDEN, WILLIAM C
NOT RECONCILED
200.00
.00
.00
170580
2/27/2014 AT&T LONG DISTANCE SERVIC
NOT RECONCILED
392.42
.00
.00
170581
2/27/2014 PERRY COMPANY INC
NOT RECONCILED
1,295.92
.00
.00
170582
2/27/2014 WRISTBANDS MEDTECH USA IN
NOT RECONCILED
2,200.00
.00
.00
170583
2/27/2014 MERCHANT'S FOOD SERVICE
NOT RECONCILED
3,585.96
.00
.00
170584
2/27/2014 VEST, CARL TERRY
NOT RECONCILED
150.00
.00
.00
170585
2/27/2014 ANIMAL TRACKS VETERINARY
NOT RECONCILED
84.00
.00
.00
170586
2/27/2014 STORY SERVICES INC
NOT RECONCILED
1,118.00
.00
.00
170587
2/27/2014 OWENS, TRONORRIS R.
NOT RECONCILED
598.00
.00
.00
170588
2/27/2014 BIRT, CHRISTOPHER LADON
NOT RECONCILED
92.00
.00
.00
170589
2/27/2014 WRSA-FM
NOT RECONCILED
1,770.00
.00
.00
170590
2/27/2014 PNC BANK
NOT RECONCILED
66,010.84
.00
.00
170591
2/27/2014 WATERS, WILLIAM
NOT RECONCILED
178.88
.00
.00
170592
2/27/2014 HARRELL'S LLC
NOT RECONCILED
160.00
.00
.00
170593
2/27/2014 ALBANY FRAMING
NOT RECONCILED
216.00
.00
.00
170594
2/27/2014 KRENKEL, CHARLES
NOT RECONCILED
394.10
.00
.00
170595
2/27/2014 GREEN, JONATHAN
NOT RECONCILED
2,327.50
.00
.00
170596
2/27/2014 LYONS HR
NOT RECONCILED
6,335.83
.00
.00
170597
2/27/2014 KEELING COMPANY INC
NOT RECONCILED
1,269.84
.00
.00
170598
2/27/2014 LAPEL PINS R US NETWORK,
NOT RECONCILED
1,524.00
.00
.00
170599
2/27/2014 WILKS TRUCK TIRE LLC
NOT RECONCILED
3,903.71
.00
.00
170600
2/27/2014 G & N ELECTRONICS LLC
NOT RECONCILED
170.00
.00
.00
Attachment: febckreg (1461 : Approve February 2014 Bills)
New World Systems
DATE 3/04/14
TIME 8:35:12
F I N A N C I A L
M A N A G E M E N T
CHECK REGISTER
PAGE
12
AP0460
DGKELLY
6.A.a
Packet Pg. 30
CHECK # CHECK DATE PAYEE NAME
STATUS
STATUS DATE UPDATED CHECK AMOUNT
RECONCILED AMT
DIFFERENCE
====================================================================================================================================
170601
2/27/2014 JACOBS, STANLEY D.
NOT RECONCILED
375.00
.00
.00
170602
2/27/2014 AT&T
NOT RECONCILED
744.77
.00
.00
170603
2/27/2014 PEARSON ANIMAL HOSPITAL
NOT RECONCILED
18.00
.00
.00
170604
2/27/2014 SYNAGRO SOUTH, LLC
NOT RECONCILED
18,250.00
.00
.00
170605
2/27/2014 BROWN, ERNEST E.
NOT RECONCILED
150.00
.00
.00
170606
2/27/2014 GHOLSTON, CHARLES LEE
NOT RECONCILED
132.00
.00
.00
170607
2/27/2014 AMBASSADOR PERSONNEL, INC
NOT RECONCILED
1,524.00
.00
.00
170608
2/27/2014 TRINITY WATER DEPARTMENT
NOT RECONCILED
59.86
.00
.00
170609
2/27/2014 SEAL, CURT BAXTER
NOT RECONCILED
139.00
.00
.00
170610
2/27/2014 ANACO
NOT RECONCILED
280.00
.00
.00
170611
2/27/2014 GRANGER ENERGY LLC
NOT RECONCILED
61,501.86
.00
.00
170612
2/27/2014 PURCHASE POWER
NOT RECONCILED
5,000.00
.00
.00
170613
2/27/2014 NO AL CHIEFS OF POLICE
NOT RECONCILED
1,300.00
.00
.00
170614
2/27/2014 CINTAS CORPORATION
NOT RECONCILED
1,862.00
.00
.00
170615
2/27/2014 J & C GRINDING LLC
NOT RECONCILED
194.00
.00
.00
170616
2/27/2014 GREENBRIER OF ALABAMA, LL
NOT RECONCILED
67.17
.00
.00
170617
2/27/2014 MADRY, CORDARRYL ONEAL
NOT RECONCILED
253.00
.00
.00
170618
2/27/2014 BURKS, RONALD P.
NOT RECONCILED
69.00
.00
.00
170619
2/27/2014 GILLEY, STACY
NOT RECONCILED
256.30
.00
.00
170620
2/27/2014 WET PRODUCTS INC
NOT RECONCILED
5,712.60
.00
.00
170621
2/27/2014 MADISON SECURITY GROUP IN
NOT RECONCILED
658.00
.00
.00
170622
2/27/2014 GOLF VENTURES, INC.
NOT RECONCILED
488.66
.00
.00
170623
2/27/2014 LYNN LAYTON FORD
NOT RECONCILED
1,442.61
.00
.00
170624
2/27/2014 MARTIN, LYDIA PHYLLIS
NOT RECONCILED
100.00
.00
.00
170625
2/27/2014 AIRBRUSH UNLIMITED, INC.
NOT RECONCILED
1,574.15
.00
.00
170626
2/27/2014 A J'S ICE COMPANY
NOT RECONCILED
174.00
.00
.00
170627
2/27/2014 DAVIS, GARRY MAURICE JR.
NOT RECONCILED
253.00
.00
.00
170628
2/27/2014 COOPER, ORRIN CORTEZ
NOT RECONCILED
322.00
.00
.00
170629
2/27/2014 HILL'S B.P.
NOT RECONCILED
320.00
.00
.00
170630
2/27/2014 GEORGE PLUMBING LLC
NOT RECONCILED
2,309.26
.00
.00
170631
2/27/2014 MYRICK, STEVEN ANDREW JR
NOT RECONCILED
225.00
.00
.00
170632
2/27/2014 SLATTON, RONALD
NOT RECONCILED
525.00
.00
.00
170633
2/27/2014 SOLLEY EQUIPMENT & RIGGIN
NOT RECONCILED
520.00
.00
.00
170634
2/27/2014 ANDERSON, SCOTT
NOT RECONCILED
1,800.00
.00
.00
170635
2/27/2014 ALLIANCE HR, INC
NOT RECONCILED
67,456.50
.00
.00
170636
2/27/2014 FLOWERS BAKING OF BIRMING
NOT RECONCILED
134.35
.00
.00
170637
2/27/2014 ALSCO
NOT RECONCILED
24.36
.00
.00
170638
2/27/2014 DIAMOND PRO CORPORATION
NOT RECONCILED
52.00
.00
.00
170639
2/27/2014 HOWLETT, SANDRA
NOT RECONCILED
40.00
.00
.00
170640
2/27/2014 PRYOR, JONATHAN
NOT RECONCILED
40.00
.00
.00
170641
2/27/2014 TERRY, JIMMY LEE
NOT RECONCILED
349.69
.00
.00
170642
2/27/2014 EASON, RAY Y
NOT RECONCILED
700.00
.00
.00
170643
2/27/2014 JORDAN EXCAVATING, INC
NOT RECONCILED
231,204.25
.00
.00
170644
2/27/2014 ALEXANDER, OLIVIA
NOT RECONCILED
99.00
.00
.00
170645
2/27/2014 CENTRAL PARKWAY PROPERTIE
NOT RECONCILED
1,275.00
.00
.00
170646
2/27/2014 TOTAL SAFETY US INC
NOT RECONCILED
1,032.00
.00
.00
170647
2/27/2014 LIFELINE TRAINING, LTD
NOT RECONCILED
139.00
.00
.00
170648
2/27/2014 ALABAMA NATIONAL GUARD
NOT RECONCILED
10.00
.00
.00
170649
2/27/2014 MERRILL, JAMES D.
VOIDED
2/28/2014 YES
405.00
.00
.00
170650
2/27/2014 AYERS, NATHAN LINN
NOT RECONCILED
525.00
.00
.00
170651
2/27/2014 JOHNSON, GEORGE FRANKLIN
NOT RECONCILED
150.00
.00
.00
170652
2/27/2014 LAY, LANCE WILLIAM
NOT RECONCILED
150.00
.00
.00
170653
2/27/2014 LILES, CHRISTOPHER PAUL
NOT RECONCILED
375.00
.00
.00
Attachment: febckreg (1461 : Approve February 2014 Bills)
New World Systems
DATE 3/04/14
TIME 8:35:12
F I N A N C I A L
M A N A G E M E N T
CHECK REGISTER
PAGE
13
AP0460
DGKELLY
6.A.a
Packet Pg. 31
CHECK # CHECK DATE PAYEE NAME
STATUS
STATUS DATE UPDATED CHECK AMOUNT
RECONCILED AMT
DIFFERENCE
====================================================================================================================================
170654
2/27/2014 SHUMATE, DEWANE
NOT RECONCILED
600.00
.00
.00
170655
2/27/2014 CRAYTON, BRIDGETTE
NOT RECONCILED
200.00
.00
.00
170656
2/27/2014 CIFERS, JAMES
NOT RECONCILED
110.00
.00
.00
170657
2/27/2014 SOCIETY OF WATER PROFESSI
NOT RECONCILED
40.00
.00
.00
170658
2/27/2014 DUNRITE CONSTRUCTION &
NOT RECONCILED
262.00
.00
.00
170659
2/27/2014 AL CRIMINAL JUSTICE INFO
NOT RECONCILED
300.00
.00
.00
170660
2/27/2014 PAPER & CHEMICAL SUPPLY
NOT RECONCILED
489.77
.00
.00
170661
2/27/2014 LOWE'S COMPANIES INC
NOT RECONCILED
3,102.09
.00
.00
170662
2/27/2014 BROOKS LOCK & KEY INC
NOT RECONCILED
49.80
.00
.00
170663
2/27/2014 CONSOLIDATED ELECTRICAL
NOT RECONCILED
387.64
.00
.00
170664
2/27/2014 DECATUR ENGRAVERS & SUPPL
NOT RECONCILED
25.90
.00
.00
170665
2/27/2014 DECATUR RUBBER & GASKET
NOT RECONCILED
6.69
.00
.00
170666
2/27/2014 DECATUR UTILITIES
NOT RECONCILED
5,675.44
.00
.00
170667
2/27/2014 SAFETY KLEEN CORP
NOT RECONCILED
1,194.65
.00
.00
170668
2/27/2014 CLEAN INDUSTRIES INC
NOT RECONCILED
185.00
.00
.00
170669
2/27/2014 LIBERTY NATIONAL LIFE INS
NOT RECONCILED
1,644.89
.00
.00
170670
2/27/2014 MORGAN FARMERS CO-OP INC
NOT RECONCILED
19.95
.00
.00
170671
2/27/2014 CITY WHOLESALE GROCERY
NOT RECONCILED
1,066.71
.00
.00
170672
2/27/2014 NETHERTON AUTO PARTS, INC
NOT RECONCILED
2,743.68
.00
.00
170673
2/27/2014 NAFECO INC
NOT RECONCILED
2,375.69
.00
.00
170674
2/27/2014 NO AL GLASS CO INC
NOT RECONCILED
180.09
.00
.00
170675
2/27/2014 PEPSI COLA DECATUR, LLC
NOT RECONCILED
882.35
.00
.00
170676
2/27/2014 SHERWIN-WILLIAMS CO
NOT RECONCILED
346.30
.00
.00
170677
2/27/2014 KENNY PIPE & SUPPLY INC
NOT RECONCILED
281.54
.00
.00
170678
2/27/2014 THOMPSON TRACTOR CO INC
NOT RECONCILED
1,585.11
.00
.00
170679
2/27/2014 AMCCMA
NOT RECONCILED
1,000.00
.00
.00
170680
2/27/2014 AIRGAS USA, LLC
NOT RECONCILED
2,273.71
.00
.00
170681
2/27/2014 JOE WHEELER EMC
NOT RECONCILED
6,855.77
.00
.00
170682
2/27/2014 SOUTHERN PRINTING COMPANY
NOT RECONCILED
399.00
.00
.00
170683
2/27/2014 MCABEE MEDICAL INC
NOT RECONCILED
258.00
.00
.00
170684
2/27/2014 VAUGHAN GAS &APPLIANCE CO
NOT RECONCILED
63.75
.00
.00
170685
2/27/2014 NORTH AL CHEMICAL CO INC
NOT RECONCILED
2,382.26
.00
.00
170686
2/27/2014 GOLDEN FLAKE SNACK FOODS
NOT RECONCILED
155.39
.00
.00
170687
2/27/2014 ACE HARDWARE OF DECATUR
NOT RECONCILED
96.22
.00
.00
170688
2/27/2014 CLE ALABAMA
NOT RECONCILED
379.00
.00
.00
170689
2/27/2014 WESTMEADE PHARMACY CARE
NOT RECONCILED
21.36
.00
.00
170690
2/27/2014 FLEET PRIDE, INC
NOT RECONCILED
439.44
.00
.00
170691
2/27/2014 JULIA'S POOLS INC
NOT RECONCILED
525.00
.00
.00
170692
2/27/2014 FASTENAL COMPANY
NOT RECONCILED
49.43
.00
.00
170693
2/27/2014 MCPHERSON ALABAMA TAX EXE
NOT RECONCILED
44,558.00
.00
.00
170694
2/27/2014 DELL MARKETING L.P.
NOT RECONCILED
13,437.96
.00
.00
170695
2/27/2014 VERIZON WIRELESS
NOT RECONCILED
894.65
.00
.00
170696
2/27/2014 OFFICE DEPOT
NOT RECONCILED
1,173.82
.00
.00
170697
2/27/2014 PRO-AIR SERVICES, INC.
NOT RECONCILED
860.00
.00
.00
170698
2/27/2014 HUMPHRIES FARM TURF SUPPL
NOT RECONCILED
196.64
.00
.00
170699
2/27/2014 POWER CLEANING EQUIPMENT
NOT RECONCILED
155.24
.00
.00
170700
2/27/2014 AMERICAN LOCKER SECURITY
NOT RECONCILED
5,304.89
.00
.00
170701
2/27/2014 DECATUR MORGAN CO CHAMBER
NOT RECONCILED
150.00
.00
.00
170702
2/27/2014 GRAINGER
NOT RECONCILED
131.35
.00
.00
170703
2/27/2014 MCNEILUS
NOT RECONCILED
512.28
.00
.00
170704
2/27/2014 COOK'S PEST CONTROL INC
NOT RECONCILED
475.00
.00
.00
170705
2/27/2014 EAGLE WHOLESALE SUPPLY
NOT RECONCILED
1,031.15
.00
.00
170706
2/27/2014 THOMSON REUTERS - WEST
NOT RECONCILED
1,421.00
.00
.00
Attachment: febckreg (1461 : Approve February 2014 Bills)
New World Systems
DATE 3/04/14
TIME 8:35:12
F I N A N C I A L
M A N A G E M E N T
CHECK REGISTER
PAGE
14
AP0460
DGKELLY
CHECK # CHECK DATE PAYEE NAME
STATUS
STATUS DATE UPDATED CHECK AMOUNT
RECONCILED AMT
DIFFERENCE
====================================================================================================================================
170707
2/27/2014 TRAVERS, DEMARIS
NOT RECONCILED
479.00
.00
.00
170708
2/27/2014 THRASHER, ALAN KEITH
NOT RECONCILED
375.00
.00
.00
170709
2/27/2014 FAMILY PET HEALTH CARE
NOT RECONCILED
1,013.00
.00
.00
170710
2/27/2014 STEELE, TERRY
NOT RECONCILED
69.00
.00
.00
170711
2/27/2014 CITY MACHINE
NOT RECONCILED
441.90
.00
.00
170712
2/27/2014 POWELL, WILLIAM RYMAN
NOT RECONCILED
40.00
.00
.00
170713
2/27/2014 VINSON, LARRY
NOT RECONCILED
621.00
.00
.00
BANK APR TOTAL:
695 CHECKS
----------------- ----------------- ----------------8,219,625.73
6,891,455.05
.00
RECONCILED . . . . :
NOT RECONCILED . . :
VOIDED . . . . . . :
413 CHECKS
280 CHECKS
2 CHECKS
6,891,455.05
1,327,735.68
435.00
UPDATED . . . . . :
NOT UPDATED . . . :
2 CHECKS
693 CHECKS
435.00
8,219,190.73
6.A.a
Packet Pg. 32
Attachment: febckreg (1461 : Approve February 2014 Bills)
7.A
City Council
402 Lee St.
Decatur, AL 35601
RESOLUTION 14-38
Revenue Department
Tina Boyles, Revenue Supervisor
Meeting: 03/17/14 10:00 AM
DOC ID: 1459
Special Use Permit request from Verizon Wireless for
location at 2611-B Highway 31
<< BACKGROUND INFO HERE >>
Updated: 2/27/2014 8:04 AM by Stacy Gilley
Page 1
Packet Pg. 33
7.A
Resolution 14-38
Meeting of March 17, 2014
Resolution No. 14-38
Special Use Permit request from Verizon Wireless for location at 2611-B
Highway 31
RESOLUTION NO. _______
WHEREAS, Verizon Wireless has requested modification of telecommunication facilities located
at 2611-B Highway 31 , Decatur, AL to provide improved wireless services essentially within the
corporate limits and police jurisdiction of the city of Decatur and;
WHEREAS, Verizon Wireless has complied with City’s Ordinance No. 99-3536A and has
demonstrated the need for modification of this wireless facility to deliver consistently reliable services in
the identified area, and;
WHEREAS, both the City and Verizon Wireless customers in Decatur will benefit from improved
service; and;
WHEREAS, the City’s consultant, The Center for Municipal Solutions (CMS), recommends the
granting of a Special Use Permit for modification of this facility located at 2611-B Highway 31 which
consists of a 148’ self-support tower;
THEREFORE, BE IT RESOLVED by the City Council of the City of Decatur, Alabama
That Verizon Wireless is hereby granted a Special Use Permit to modify existing facilities at 2611-B
Highway 31. As recommended by CMS, the Special Use Permit is subject to compliance with the
following conditions prior to the issuance of said permit and/or a Certificate of Completion:
1. Verizon must provide Structural Analysis with coax layout that matches analysis or analysis
must be revised to reflect the coax layout prior to issuance of the Building Permit.
2. To prevent warehousing of permits or authorizations and to assure the best service to
the City’s residents as expeditiously a possible, the facility must be built, activated and
be providing service no later than one hundred twenty (120) days after the issuance of
the Special Use Permit or other applicable authorization, subject to commonly
accepted force majeure exceptions acceptable to the City. Verizon may petition the
City of an extension of this for good cause shown, but the decision whether or not to
grant the extension shall exclusively be the prerogative of the City.
3. Verizon must provide contractor information with construction schedule to City and to
CMS prior to issuance of the Building Permit.
4. At the completion of construction, the Applicant must notify the City’s consultant and
provide proof that all inspections have been satisfactorily completed and the project is
ready for a final on-site inspection. Upon passing the final inspection, a
recommendation to issue a Certificate of Occupancy shall be made.
5. Verizon shall not be permitted to actually provide service commercially until the
Certificate of Occupancy or its functional equivalent is issued or risk forfeiting its
Permit.
6. The Certificate of Occupancy shall not be issued until all fees and costs associated
with this Permit, including inspections, have been paid,
th
ADOPTED this 17 day of March, 2014.
Updated: 2/27/2014 8:04 AM by Stacy Gilley
Page 2
Packet Pg. 34
7.B
City Council
402 Lee St.
Decatur, AL 35601
RESOLUTION 14-42
Revenue Department
Tina Boyles, Revenue Supervisor
Meeting: 03/17/14 10:00 AM
DOC ID: 1471
Special Use Permit request by AT&T for location at 703-A 5th
Avenue
<< BACKGROUND INFO HERE >>
Updated: 3/17/2014 8:33 AM by Stacy Gilley
Page 1
Packet Pg. 35
7.B
Resolution 14-42
Meeting of March 17, 2014
Resolution No. 14-42
Special Use Permit request by AT&T for location at 703-A 5th Avenue
RESOLUTION NO. _______
WHEREAS, ATT has requested to co-locate on an existing facility located at 703-A 5th Avenue
SW, Decatur, AL to provide enhanced wireless services essentially within the corporate limits and police
jurisdiction of the city of Decatur and;
WHEREAS, ATT has complied with City’s Ordinance No. 99-3536A and has demonstrated the
need for this wireless facility to deliver consistently reliable services in the identified area, and;
WHEREAS, both the City and ATT customers in Decatur will benefit from improved service; and;
WHEREAS, the City’s consultant, The Center for Municipal Solutions (CMS), recommends the
th
granting of a Special Use Permit for co-location by ATT at this facility located at 703-A 5 Avenue SW
which consists of existing water tower;
THEREFORE, BE IT RESOLVED by the City Council of the City of Decatur, Alabama that ATT
th
is hereby granted a Special Use Permit to co-locate at 703-A 5 Avenue SW. As recommended by
CMS, the Special Use Permit is subject to compliance with the following conditions prior to the issuance
of said permit and/or a Certificate of Completion:
1. To prevent warehousing of permits or authorizations and to assure the best service to the
City’s residents as expeditiously a possible, the facility must be built, activated and be
providing service no later than one hundred twenty (120) days after the issuance of the
Special Use Permit or other applicable authorization, subject to commonly accepted force
majeure exceptions acceptable to the City. ATT may petition the City of an extension of
this for good cause shown, but the decision whether or not to grant the extension shall
exclusively be the prerogative of the City.
2. ATT must provide contractor information to the City and to CMS prior to the issuance of
the Building Permit. The contractor must notify the City’s consultant for all inspections.
3. ATT must within two (2) weeks of their equipment being activated electrically, using its
equipment and under the supervision and observation of the City’s consultant, conduct a
RF Emissions Survey on and around the rooftop to determine where and to what extent
certain portions of the roof area may need to be barricaded or specifically marked to
protect persons on the roof.
ATT must contact City’s consultant at least 1 week in
advance of the Survey to schedule post-construction testing.
4. At the completion of construction, the Applicant must notify the City’s consultant and
provide proof that all inspections have been satisfactorily completed and the project is
ready for a final on-site inspection. Upon passing the final inspection, a recommendation
to issue a Certificate of Occupancy shall be made.
5. ATT shall not be permitted to actually provide service commercially until the Certificate of
Occupancy or its functional equivalent is issued or risk forfeiting its Permit.
6. The Certificate of Occupancy shall not be issued until all fees and costs associated with
this Permit, including inspections, have been paid.
Updated: 3/17/2014 8:33 AM by Stacy Gilley
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7.B
Resolution 14-42
Meeting of March 17, 2014
ADOPTED this 17th day of March, 2014.
Updated: 3/17/2014 8:33 AM by Stacy Gilley
Page 3
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7.C
City Council
402 Lee St.
Decatur, AL 35601
RESOLUTION 14-39
Municipal Utilities Board
Janice Armor, Secretary
Meeting: 03/17/14 10:00 AM
DOC ID: 1456
Approve MUB Resolution approving expenditure of $149,500
for Professional Service Agreement
<< BACKGROUND INFO HERE >>
Updated: 2/21/2014 11:18 AM by Janice Armor
Page 1
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7.C
Resolution 14-39
Meeting of March 17, 2014
Resolution No. 14-39
Approve MUB Resolution approving expenditure of $149,500 for
Professional Service Agreement
RESOLUTION
BE IT RESOLVED by the City Council of the City of Decatur in the State of Alabama
that in accordance with the request of the Municipal Utilities Board of Decatur, Morgan County,
Alabama by letter dated February 19th, a copy of which shall be recorded in the minutes of this
meeting, that the City Council does hereby consent to and approve of the following estimated
expenditure by the Board of $149,500 for Professional Service Agreement for Phase I Cast Iron
Main Replacement.
CERTIFICATE
I, Stacy Gilley, City Clerk of the City of Decatur, Alabama hereby certify that the above
and foregoing is a true and correct copy of a resolution adopted by the City Council of the City
of Decatur at a regular meeting of the same held on _______________, 2014, as the same
appears of record in the minutes of said meeting in my custody and control.
IN WITNESS WHEREOF, I have hereunto set my hand as City Clerk of the City of
Decatur and affixed the seal of the City of Decatur to the certificate on this ________ day of
_____________, 2014.
______________________________
Stacy Gilley
City Clerk
Updated: 2/21/2014 11:18 AM by Janice Armor
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7.C.a
Attachment: Council 3 17 2014 (14-39 : Approve MUB Resolution approving expenditure of $149,500 for
7.D
City Council
402 Lee St.
Decatur, AL 35601
RESOLUTION 14-40
Municipal Utilities Board
Janice Armor, Secretary
Meeting: 03/17/14 10:00 AM
DOC ID: 1455
Approve MUB Resolution approving expenditure of $114,000
for FY14 Circuit T464 Improvement Project
<< BACKGROUND INFO HERE >>
Updated: 2/21/2014 11:14 AM by Janice Armor
Page 1
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7.D
Resolution 14-40
Meeting of March 17, 2014
Resolution No. 14-40
Approve MUB Resolution approving expenditure of $114,000 for FY14
Circuit T464 Improvement Project
RESOLUTION
BE IT RESOLVED by the City Council of the City of Decatur in the State of Alabama
that in accordance with the request of the Municipal Utilities Board of Decatur, Morgan County,
Alabama by letter dated February 19th, a copy of which shall be recorded in the minutes of this
meeting, that the City Council does hereby consent to and approve of the following estimated
expenditure by the Board of $114,000 for FY14 Circuit T464 Improvement Project.
CERTIFICATE
I, Stacy Gilley, City Clerk of the City of Decatur, Alabama hereby certify that the above
and foregoing is a true and correct copy of a resolution adopted by the City Council of the City
of Decatur at a regular meeting of the same held on _______________, 2014, as the same
appears of record in the minutes of said meeting in my custody and control.
IN WITNESS WHEREOF, I have hereunto set my hand as City Clerk of the City of
Decatur and affixed the seal of the City of Decatur to the certificate on this ________ day of
_____________, 2014.
______________________________
Stacy Gilley
City Clerk
Updated: 2/21/2014 11:14 AM by Janice Armor
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7.D.a
Attachment: Council 3 17 2014 (14-40 : Approve MUB Resolution approving expenditure of $114,000 for
7.E
City Council
402 Lee St.
Decatur, AL 35601
RESOLUTION 14-41
Legal Department
Herman Marks, City Attorney
Meeting: 03/17/14 10:00 AM
DOC ID: 1466
Police and Fire Services Dispatch Policy
<< BACKGROUND INFO HERE >>
Updated: 3/7/2014 5:24 PM by Herman Marks
Page 1
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7.E
Resolution 14-41
Meeting of March 17, 2014
Resolution No. 14-41
Police and Fire Services Dispatch Policy
RESOLUTION NO.__________
BE IT RESOLVED by the City Council of the City of Decatur, Alabama that the
Mayor is requested and authorized to notify the Morgan County Emergency Management
Communication District on behalf of the City that it is the City’s policy that Decatur police
and fire services are not to be dispatched outside our corporate and police jurisdiction limits
without an official mutual aid request and acceptance by the properly designated city official.
Adopted this 17th day of March 2014.
Updated: 3/7/2014 5:24 PM by Herman Marks
Page 2
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7.F
City Council
402 Lee St.
Decatur, AL 35601
RESOLUTION 14-43
Legal Department
Chip Alexander, Assistant City Attorney
Meeting: 03/17/14 10:00 AM
DOC ID: 1477 A
Resolution Authorizing Payment to Alabama Department of
Education
Department determined that some of the reimbursements to the Summer Lunch Program
were improper and we have to reimburse them for those payments. We appealed their
decision and still believe our position was justified, but they do not agree. Continuing to
argue the point will cost us involvement with other programs operated by the Department.
Updated: 3/14/2014 4:28 PM by Chip Alexander A
Page 1
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7.F
Resolution 14-43
Meeting of March 17, 2014
Resolution No. 14-43
Resolution Authorizing Payment to Alabama Department of Education
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DECATUR,
ALABAMA that payment of $12,888.31 is to be made to the Alabama Department of
Education to reimburse the Department for overpayment to the City for the Summer
Lunch Program operated by the Department of Youth Services; $1,267.00 will be taken
from Funding Code 004-222-25 and the balance will be taken from Funding Code 004000-396-10.That balance will be transferred from the General Fund Grant Matches to
cover the revenue adjustment.
Adopted this 17th day of March, 2014.
Updated: 3/14/2014 4:28 PM by Chip Alexander A
Page 2
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8.A
City Council
402 Lee St.
Decatur, AL 35601
ORDINANCE 14-4174
Legal Department
Herman Marks, City Attorney
Meeting: 03/17/14 10:00 AM
DOC ID: 1467
Project Development and Funding Agreement
<< BACKGROUND INFORMATION HERE >>
Updated: 3/10/2014 11:21 AM by Herman Marks
Page 1
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8.A
Ordinance 14-4174
Meeting of March 17, 2014
Ordinance No. 14-4174
Project Development and Funding Agreement
ORDINANCE NO. _________
AN ORDINANCE TO AUTHORIZE A PROJECT
DEVELOPMENT AND FUNDING AGREEMENT AMONG
THE CITY OF DECATUR, BASS PRO OUTDOOR WORLD,
L.L.C. AND GENESIS USA DEVELOPMENT, L.L.C.
BE IT ORDAINED by the Council (herein called "the Council") of the CITY OF
DECATUR, ALABAMA (herein called "the City"), as follows:
Section 1.
Definitions. In addition to the definitions contained elsewhere in this
Ordinance, the following words and phrases and others evidently intended as the equivalent
thereof shall, in the absence of clear implication herein otherwise, be given the following
respective interpretations herein:
"Bass Pro" means Bass Pro Outdoor World, L.L.C., a Missouri limited
liability company.
"Bass Pro Store" means a retail store of not less than 100,000 square feet
more particularly described in the Development Agreement.
"Development Agreement" means the Project Development and Funding
Agreement among the City, Genesis and Bass Pro herein authorized.
"Economic Development Amendment" means the amendment to the
Constitution of the State of Alabama of 1901 proposed by Act No. 2004-94,
adopted at the 2004 Regular Session of the Legislature of Alabama and ratified on
November 2, 2004, codified as Section 94.01 of the Official Recompilation of the
Constitution of Alabama of 1901.
"Genesis" means Genesis USA Development, L.L.C., a Delaware limited
liability company.
"Project" means the retail and commercial development, including the
Bass Pro Store, to be constructed pursuant to the Development Agreement.
Section 2.
Findings. The Council has caused an investigation to be made of certain
of the records of the City and, as a result of such investigation, has ascertained and does hereby
determine and declare as follows:
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8.A
Ordinance 14-4174
Meeting of March 17, 2014
(a)
Pursuant to, and for the purposes of, the Economic Development
Amendment, it is necessary, desirable and in the public interest for the City to
grant or provide public funds in aid of the Project, Genesis and Bass Pro and for
such purposes to perform its obligations under the Development Agreement.
(b)
The public benefits to be realized through the development of the
Project are expected to include the creation of a substantial number of
construction jobs and permanent retail and service jobs, the location of a new
retail and service center in the City which will be a regional destination increasing
consumer spending in the City, the generation of additional tax revenues in the
City from sales and use taxes, business licenses and occupational taxes and the
provision of economic and industrial development in the City.
(c)
The City's granting or providing of public funds in aid of the
Project, as described in this Ordinance and the Development Agreement, will
promote the economic development of the City, as well as the prosperity and
welfare of its citizens, through the realization of the expected public benefits to be
derived therefrom, as described in the immediately preceding subsection (b).
(d)
The expenditure of public funds for the purposes specified herein
and in the Development Agreement will serve a valid and sufficient public
purpose, notwithstanding any incidental benefit accruing to any private entity or
entities, including, without limitation, Genesis and Bass Pro.
(e)
It is necessary and desirable and in the best interest of the City and
in the public interest that the City enter into the Development Agreement
hereinafter authorized for the purposes set out in subsections (a) through (d) of
this Section 2.
Section 3.
Authorization of Development Agreement. The Mayor is hereby
authorized and directed to execute, for and in the name and behalf of the City, the Development
Agreement in substantially the form presented to the meeting at which this Ordinance is adopted
(which form shall be attached as Exhibit I to the minutes of the meeting at which this Ordinance
is adopted and which is hereby approved in all respects as if set out in full in this Ordinance), and
the City Clerk is hereby authorized and directed to affix to the Development Agreement the seal
of the City and to attest the same.
Section 4.
Provisions of Ordinance Severable. The provisions of this Ordinance are
hereby declared to be severable. In the event any provision hereof shall be held invalid by a court
of competent jurisdiction, such invalidity shall not affect any other portion of this Ordinance.
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8.A
Ordinance 14-4174
Section 5.
approval.
Meeting of March 17, 2014
This ordinance shall take effect immediately upon its adoption and
ADOPTED this 17th day of March, 2014
_____________________ Council President
ATTESTED:
____________________City Clerk
APPROVED this ____ day of March, 2014
_____________________ Mayor
Updated: 3/10/2014 11:21 AM by Herman Marks
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Attachment: Project Development and Funding Agreement - Decatur - Economic Development (14-4174 : Development Agreement)
8.A.a
PROJECT DEVELOPMENT AND
FUNDING AGREEMENT
among
CITY OF DECATUR, ALABAMA
and
BASS PRO OUTDOOR WORLD, L.L.C.
and
GENESIS USA DEVELOPMENT, L.L.C.
Packet Pg. 52
8.A.a
Page No.
Section 1. Definitions.....................................................................................................................1
Section 2. Representations and Warranties of the City..................................................................5
Section 3. Representations and Warranties of Bass Pro. ...............................................................6
Section 4. Representations and Warranties of Genesis ..................................................................7
Section 5. Rebate of Taxes to Bass Pro .........................................................................................8
Section 6. Initial Contribution by the City ...................................................................................10
Section 7. Agreement by Bass Pro to Build and Operate Bass Pro Store ....................................12
Section 8. Construction of Overpass and Connecting Roadway .................................................13
Section 9. Incentives Granted to Genesis. ...................................................................................14
Section 10. Conditions to the Obligations of the City Under this Agreement .............................16
Section 11. Conditions to the Obligations of Bass Pro Under this Agreement ...........................17
Section 12. Agreement by Genesis and Bass Pro to Comply with Environmental Laws ............19
Section 13. Maintenance and Upkeep Provided by Genesis........................................................19
Section 14. Cooperation with Other Governmental Entities. ......................................................19
Section 15. Name of Boulevard. ..................................................................................................19
Section 16. Permits and Licenses.................................................................................................19
Section 17. Use Restrictions. .......................................................................................................20
Section 18. Event of Default ........................................................................................................21
Section 19. Nonseverability .........................................................................................................23
Section 20. Permitted Assignment; No Third Party Beneficiaries; No Assignment Without
Consent .....................................................................................................................23
Section 21. Indemnification. ........................................................................................................23
Section 22. Conditions to Obligations of Genesis Under this Agreement. ..................................24
Section 23. Entire Agreement. .....................................................................................................24
Section 24. Termination. ..............................................................................................................24
Section 25. Notices. .....................................................................................................................24
Section 26. Execution Counterparts .............................................................................................26
Exhibit A - Map of Project Site
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Attachment: Project Development and Funding Agreement - Decatur - Economic Development (14-4174 : Development Agreement)
TABLE OF CONTENTS
PROJECT DEVELOPMENT
AND FUNDING AGREEMENT
This PROJECT DEVELOPMENT AND FUNDING AGREEMENT, entered into as
of the ____ day of March, 2014, by and between the CITY OF DECATUR, ALABAMA, a
municipal corporation under the laws of the State of Alabama (herein called "the City"), BASS
PRO OUTDOOR WORLD, L.L.C., a Missouri limited liability company (herein called "Bass
Pro") and GENESIS USA DEVELOPMENT, L.L.C., a Delaware limited liability company
(herein called "Genesis").
W I T N E S S E T H:
Genesis has agreed to develop the Project Site as a retail and commercial center known as
Sweetwater.
Subject to the terms, conditions and other provision of this Agreement, Bass Pro has
agreed to build and operate, on the Bass Pro Site, the Bass Pro Store.
The City is authorized under the Economic Development Amendment to expend funds
for economic development, including, without limitation, to lend its credit to or grant public
funds to any individual, firm, corporation or business entity, public or private, for the purpose of
promoting the economic and industrial development of the City.
The City has determined that it is in furtherance of the Economic Development
Amendment for it to enter into this Agreement.
Subject to the terms, conditions and other provision of this Agreement, Bass Pro, on its
part, will agree to construct the Bass Pro Store in accordance with the terms set forth herein and
to operate the Bass Pro Store for a period of not less than twenty (20) years from the Start Date.
NOW, THEREFORE, in consideration of the premises and other good and valuable
consideration the receipt of which is hereby acknowledged, the parties hereby agree as follows:
Section 1. Definitions. The following words and phrases and others evidently intended
as the equivalent thereof shall, in the absence of clear implication herein otherwise, be given the
following respective interpretations herein:
"Actual City Taxes" means the actual amount of City Taxes collected by
the City during the first twelve (12) months that an Additional Retailer is Open
for Business; provided, however, that if the actual amount of City Taxes collected
by the City during the first twelve (12) months such Additional Retailer is Open
for Business is not less than 85% nor more than 115% of the Projected City
Taxes, the Projected City Taxes for such Additional Retailer, shall be deemed to
be the Actual City Taxes for purposes of this Agreement.
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8.A.a
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Attachment: Project Development and Funding Agreement - Decatur - Economic Development (14-4174 : Development Agreement)
"Additional Retailer" means businesses located at Sweetwater which pay
City Taxes other than (i) the Bass Pro Store or any other business opened by Bass
Pro or an affiliate thereof at Sweetwater, (ii) any business taken into account
under Section 9(a) to require the City to provide up to $800,000 for infrastructure
with respect to the Inside Road and (iii) any business having an existing location
in the City of Decatur other than a fast-food restaurant or a convenience store.
"Bass Pro Hotel" means a hotel Opened for Business on the Bass Pro Site
before the expiration of thirty-six (36) months from the Start Date.
"Bass Pro Hotel Lodging Tax Revenues" means fifty percent (50%) of
the City's actual receipts (net of customary discounts and reasonable collection
costs) from the City's Lodging Tax levied against the Bass Pro Hotel. In the event
the current Lodging Tax rate of seven percent (7%) is hereafter increased, Bass
Pro Hotel Lodging Tax Revenues shall not include any portion of the City's
receipts from such increase, but Bass Pro Hotel Lodging Tax Revenues shall
continue to include fifty percent (50%) of the receipts from the levy of the
Lodging Tax at a rate of seven percent (7%).
"Bass Pro Project Sales Tax Revenues" means seventy-five percent
(75%) of the City's actual receipts (net of customary discounts and reasonable
collection costs) from the City's General Sales Tax levied at the rate of four
percent (4%) against sales at the Bass Pro Site. In the event the current General
Sales Tax rate of four percent (4%) is hereafter increased, Bass Pro Project Sales
Tax Revenues shall not include any portion of the City's receipts from such
increase, but Bass Pro Project Sales Tax Revenues shall continue to include
seventy-five percent (75%) of the receipts from the levy of the General Sales Tax
at a rate of four percent (4%).
"Bass Pro Site" means the 25-acre and 2-acre tracts of land constituting a
part of the Project Site and depicted on Exhibit A hereto as Lot 3 and Lot 4, the
exact legal description of which will be confirmed on the Final Plat.
"Bass Pro Store" means a retail store of not less than 100,000 square feet
plus surrounding improvements and which may include a recreational vehicle
dealership and other retail businesses, if any, which are located on the Bass Pro
Site but exclusive of the Bass Pro Hotel.
"Boulevard" means the four-lane boulevard depicted on Exhibit A hereto
as Bass Pro Drive, NE, connecting the Overpass on State Highway 20 with the
Bass Pro Site, which shall include, without limitation, a pedestrian walkway and
landscaping.
"City Taxes" means General Sales Taxes and Lodging Taxes.
"Economic Development Amendment" means that certain amendment to
the Constitution of Alabama of 1901 proposed by Act No. 2004-94, and ratified at
2
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Attachment: Project Development and Funding Agreement - Decatur - Economic Development (14-4174 : Development Agreement)
an election held on November 2, 2004, and sometimes referred to as "Amendment
No. 772".
"Final Plat" means the final plat of the Project Site as approved by
Genesis, Bass Pro and the City.
"Final Stated Amount" means the dollar amount that is calculated by
multiplying $4,200,000 times a fraction, the numerator of which is the Actual
City Taxes received with respect to an Additional Retailer during the first twelve
(12) months that it is Open for Business and the denominator of which is
$844,000.
"Force Majeure" means acts of God; strikes, lockouts, or other industrial
disturbances; conditions arising from a change in governmental laws, orders,
rules or regulations; acts of public enemy; wars; terrorist attacks; blockades;
insurrections; riots; epidemics; landslides; lightning; earthquakes; fires; storms;
hurricanes; floods; washouts; arrests and restraints of governments and people;
civil disturbances; and any other causes, whether of the kind herein enumerated
or otherwise, not within the control of the party claiming suspension, and which
by the exercise of due diligence, such party is or would have been unable to
prevent or overcome. Such term shall likewise include, in those instances where
a party is required to obtain or furnish materials and supplies for the purpose of
constructing or maintaining facilities for such purpose, the inability of such party
to acquire, or the delays on the part of such party in acquiring, at reasonable
costs, and after the exercise of reasonable diligence, such materials and supplies.
"General Sales Tax" means the sales tax currently levied by the City
pursuant to the Sales Tax Ordinance at a rate of four percent (4%). General Sales
Taxes shall not include any amounts received by the City from sales taxes levied
at a municipal tax rate of less than or more than four percent (4%).
"Guarantor" means Bass Pro, LLC, a limited liability company organized
under the laws of the State of Delaware, together with its successors and assigns.
"Guaranty" means that certain Guaranty Agreement between the
Guarantor and the City.
"Inside Road" means the public street depicted on Exhibit A hereto,
providing access from the Boulevard to Lot 2, the exact legal description of which
will be confirmed by the Final Plat.
"Lodging Tax" means the lodging tax levied at the rate of seven percent
(7%) pursuant to Section 14-103(1) of the Code of Decatur, Alabama. "Lodging
Taxes" as used in this Agreement shall not include any other tax levied on the
business of renting or furnishing any room or rooms or lodging to transients in
any hotel, motel, inn, tourist camp, tourist cabin or any other place in which
rooms or lodgings are regularly furnished to transients for consideration.
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Attachment: Project Development and Funding Agreement - Decatur - Economic Development (14-4174 : Development Agreement)
"Lodging Tax Warrant" means the City's Lodging Tax Warrant payable
to Bass Pro in the maximum principal amount of $14,000,000, maturing thirty
(30) years from its date, and issued pursuant to Section 5(g) hereof.
"Open for Business" means that a business is open to the public and
operating at the level for which it was designed (and, in the case of an Additional
Retailer, at the level used to calculate the Projected City Taxes).
"Overpass Land" means up to ten (10) acres of the Project Site or
adjacent land owned by the current owner of the Project Site as shall be necessary
for the construction and use of the Overpass in accordance with Section 8 hereof.
"Overpass" means the "flyover" or overpass to be constructed pursuant to
Section 8 hereof.
"Payment Date" means the 25th day of each calendar month.
"Permitted Existing Retailer" means a restaurant (other than a fast-food
restaurant) and any of the following hotel chains: Hampton Inn, Marriott
Courtyard and Holiday Inn Express, but excluding the Bass Pro Hotel.
"Phase One Land" means the 52.65 acres of the Project Site required for
the construction of the Boulevard, the Bass Pro Store, the Retention Reservoir and
the Inside Road, as depicted on Exhibit A hereto, the exact legal description of
which will be confirmed by the Final Plat.
"Preliminary Stated Amount" means the dollar amount that is calculated
by multiplying $4,200,000 times a fraction, the numerator of which is the
Projected City Taxes to be paid by Additional Retailer and the denominator of
which is $844,600.
"Project Site" means the 125-acre tract of land lying within the corporate
limits of the City and more particularly described in Exhibit A attached hereto and
made a part hereof.
"Projected City Taxes" means the minimum amount of City Taxes
reasonably projected in good faith by an independent retail consultant reasonably
acceptable to the City and Genesis to be paid to the City in the first twelve (12)
months that an Additional Retailer is Open for Business.
"Retention Reservoir" means the reservoir to be constructed on the land
depicted on Exhibit A hereto as Lot 5, as the site for the retention reservoir, the
exact legal description of which will be confirmed by the Final Plat.
"Sales Tax Ordinance" means Section 14-62 of the Code of Decatur,
Alabama, and any similar ordinance hereafter adopted by the City.
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"Sales Tax Warrant" means the City's Sales Tax Warrant payable to Bass
Pro in the maximum principal amount of $31,000,000, maturing thirty (30) years
from its date, and issued pursuant to Section 5(f) hereof.
"Series A Warrants" means the City's general obligation warrants issued
pursuant to Section 6(a) hereof.
"Series B Warrants" means the City's general obligation warrants issued
pursuant to Section 9(a) hereof.
"Series C Warrants" means the City's general obligation warrants issued
pursuant to Section 9(b) hereof.
"Start Date" means the date that the Bass Pro Store is Open for Business.
"Sweetwater" or "Sweetwater Development" means the retail and
commercial development being developed on the Project Site.
"Validation Order" means a final, nonappealable order of the Circuit
Court of Morgan County, Alabama, validating the Warrants and this Agreement.
"Valuation Date" means the first day of each six-month period
commencing with the Start Date.
"Valuation Period" means the six-month period (or longer in the case of
the first Valuation Date) ending on the day preceding each Valuation Date.
"Warrants" means, collectively, the Sales Tax Warrant, the Lodging Tax
Warrant, the Series A Warrants, the Series B Warrants and the Series C Warrants.
"Herein," "hereunder," "hereof," "hereinbefore," "hereinafter" and other equivalent words
refer to the Indenture as an entirety and not solely to the particular portion thereof in which any
such word is used. The definitions set forth in Section 1 hereof include both singular and plural.
Whenever used herein, any pronoun shall be deemed to include both singular and plural and to
cover all genders.
Section 2. Representations and Warranties of the City. The City hereby represents
and warrants to Bass Pro and Genesis as of the date hereof:
(a) Subject to the satisfaction of Section 10(c) hereof, the City has full
power and authority to enter into this Agreement and to perform and observe its
obligations hereunder.
(b) By proper action, the City has duly authorized the execution and
delivery of this Agreement and the consummation of the transactions
contemplated herein.
5
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8.A.a
(c) Subject to Section 10(c) hereof, the City has obtained all consents,
approvals, authorizations and orders required to be obtained by the City as a
condition to the execution and delivery of this Agreement.
(d) The execution and delivery by the City of this Agreement and the
consummation of the transactions contemplated herein will not conflict with, be in
violation of or constitute (upon notice or lapse of time, or both) a default under
any indenture, mortgage, deed of trust or other contract, agreement or instrument
to which the City is a party or is subject, or any resolution, order, rule, regulation,
writ, injunction, decree or judgment of any governmental authority or court
having jurisdiction over the City.
(e) Except as has been disclosed to you in writing, there is no action, suit,
proceeding, inquiry or investigation pending before any court or governmental
authority, or, to the City’s knowledge, threatened against or affecting the City or
the properties of the City, which involves the consummation of the transactions
contemplated by this Agreement, the validity of this Agreement, the organization
of the City or the election or qualification of its officers.
(f) Subject to Section 10(c) hereof, this Agreement constitutes the legal,
valid and binding obligation of the City and is enforceable against the City in
accordance with its terms, except insofar as the enforceability thereof may be
limited by (i) bankruptcy, insolvency, or other similar laws affecting the
enforcement of creditors’ rights and (ii) general principles of equity, regardless of
whether such enforceability is considered in a proceeding at equity or at law.
(g) Based on its knowledge, information and belief, the City is not aware
of any reason why Bass Pro would be unable to procure all permits, licenses and
governmental approvals necessary to be obtained prior to commencement of
construction and initial operation of the Bass Pro Store.
Section 3. Representations and Warranties of Bass Pro. Bass Pro represents and
warrants to the City and Genesis as of the date hereof:
(a) Bass Pro is duly organized and validly existing as a limited liability
company under the laws of the State of Missouri and is in good standing under its
Articles of Organization and the laws of said State.
(b) Bass Pro has the power to consummate the transactions contemplated
by this Agreement.
(c) By proper company action, Bass Pro has duly authorized the
execution and delivery of this Agreement and the consummation of the
transactions contemplated herein.
(d) Bass Pro is not aware of any consents, approvals, authorizations and
orders of governmental authorities that are required to be obtained by it as a
condition to the execution and delivery of this Agreement.
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8.A.a
(e) The execution and delivery by Bass Pro of this Agreement and the
consummation by Bass Pro of the transactions contemplated herein will not (i)
conflict with, be in violation of, or constitute (upon notice or lapse of time or
both) a default under its operating agreement, or any agreement, instrument, order
or judgment to which it is a party or is subject, or (ii) result in or require the
creation or imposition of any lien of any nature upon or with respect to any of its
properties now owned or hereafter acquired, except as contemplated by this
Agreement, including any mortgage granted with respect to the Bass Pro Site in
connection with the financing of the cost of constructing the Bass Pro Store and
related improvements.
(f) This Agreement constitutes the legal, valid and binding obligation of
Bass Pro and is enforceable against it in accordance with the terms hereof, except
as enforcement hereof may be limited by (i) bankruptcy, insolvency, or other
similar laws affecting the enforcement of creditors’ rights and (ii) general
principles of equity, regardless of whether such enforceability is considered in a
proceeding at equity or at law.
(g) There is no action, suit, proceeding, inquiry or investigation pending
before any court or governmental authority, or, to Bass Pro's knowledge,
threatened against or affecting Bass Pro or its properties, which involves the
consummation of the transactions contemplated by this Agreement, the validity of
this Agreement, the organization of Bass Pro or the election or qualification of its
directors or officers.
Section 4. Representations and Warranties of Genesis.
warrants to the City and Bass Pro as of the date hereof:
Genesis represents and
(a) Genesis is duly organized and validly existing as a limited liability
company under the laws of the State of Delaware and is in good standing under its
Articles of Organization and the laws of said State.
(b) Genesis has the power to consummate the transactions contemplated
by this Agreement.
(c) By proper company action, Genesis has duly authorized the execution
and delivery of this Agreement and the consummation of the transactions
contemplated herein.
(d) Genesis is not aware of any consents, approvals, authorizations and
orders of governmental authorities that are required to be obtained by it as a
condition to the execution and delivery of this Agreement.
(e) The execution and delivery by Genesis of this Agreement and the
consummation by Genesis of the transactions contemplated herein will not (i)
conflict with, be in violation of, or constitute (upon notice or lapse of time or
both) a default under its operating agreement, or any agreement, instrument, order
or judgment to which it is a party or is subject, or (ii) result in or require the
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8.A.a
8.A.a
Attachment: Project Development and Funding Agreement - Decatur - Economic Development (14-4174 : Development Agreement)
creation or imposition of any lien of any nature upon or with respect to any of its
properties now owned or hereafter acquired, except as contemplated by this
Agreement.
(f) This Agreement constitutes the legal, valid and binding obligation of
Genesis and is enforceable against it in accordance with the terms hereof, except
as enforcement hereof may be limited by (i) bankruptcy, insolvency, or other
similar laws affecting the enforcement of creditors’ rights and (ii) general
principles of equity, regardless of whether such enforceability is considered in a
proceeding at equity or at law.
(g) There is no action, suit, proceeding, inquiry or investigation pending
before any court or governmental authority, or, to Genesis's knowledge,
threatened against or affecting Genesis or its properties, which involves the
consummation of the transactions contemplated by this Agreement, the validity of
this Agreement, the organization of Genesis or the election or qualification of its
directors or officers.
Section 5. Rebate of Taxes to Bass Pro.
(a) Rebate of Bass Pro Project Sales Tax Revenues. Commencing
with the Payment Date in the thirty-ninth (39th) month following the Start Date
with respect to the General Sales Tax levied against sales at the Bass Pro Site in
the thirty-seventh (37th) month following the Start Date and continuing on each
Payment Date thereafter until the earlier of (i) the date on which the City has
rebated to Bass Pro, Bass Pro Project Sales Tax Revenues totaling the lesser of
$31,000,000 or the sum of the costs of constructing the Bass Pro Store, plus
$3,000,000 or (ii) thirty (30) years from the date of the Sales Tax Warrant, the
City hereby agrees to pay to Bass Pro, in the manner set forth in subsection 5(c)
of this Agreement, all Bass Pro Project Sales Tax Revenues, under the terms and
upon satisfaction of the conditions set forth herein, collected by the City as a
result of sales at the Bass Pro Site during the second calendar month immediately
preceding the calendar month in which the Payment Date occurs. The City shall
have no obligation to make any payment from sources other than Bass Pro Project
Sales Tax Revenues, including, without limitation, from any other sales and use
tax proceeds received by the City or from other taxes presently levied against the
Bass Pro Site or sales therein at a rate less than or more than four percent (4%).
Each such payment shall be made solely from current revenues and the
agreements contained herein shall not constitute a lien, either legal or equitable,
on any amounts held by the City.
(b) Rebate of Bass Pro Hotel Lodging Tax Revenues. In the event
that, at Bass Pro's election, Bass Pro causes the Bass Pro Hotel to be Opened for
Business, commencing with the Payment Date in the second month following the
month during which the Bass Pro Hotel Opens for Business, and continuing on
each Payment Date thereafter until the earlier of (i) the date on which the City has
rebated to Bass Pro, Bass Pro Hotel Lodging Tax Revenues totaling the lesser of
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8.A.a
Attachment: Project Development and Funding Agreement - Decatur - Economic Development (14-4174 : Development Agreement)
$14,000,000 or the costs of constructing the Bass Pro Hotel or (ii) thirty (30)
years from the date of the Lodging Tax Warrant, the City hereby agrees to pay to
Bass Pro, in the manner set forth in subsection 5(c) of this Agreement, all Bass
Pro Hotel Lodging Tax Revenues, under the terms and upon satisfaction of the
conditions set forth herein, collected by the City as a result of the operation of the
Bass Pro Hotel during the second calendar month immediately preceding the
calendar month in which the Payment Date occurs. The City shall have no
obligation to make any payment from sources other than Bass Pro Hotel Lodging
Tax Revenues, including, without limitation, from any other lodging tax proceeds
received by the City or from other taxes presently levied against the Bass Pro Site
or sales thereon. Each such payment shall be made solely from current revenues
and the agreements contained herein shall not constitute a lien, either legal or
equitable, on any amounts held by the City.
(c) Application and Timing of Payments. All payments by the City
hereunder shall be made directly to Bass Pro. Payments made by the City
hereunder shall be made by check or draft on the City, on or before each Payment
Date.
(d) Levy and Collection of General Sales Tax. So long as any
payments from the City out of Bass Pro Project Sales Tax Revenues remain due to
Bass Pro hereunder, the City agrees with Genesis and Bass Pro (i) that it will levy
and make all reasonable efforts to collect, or cause to be collected, the General
Sales Tax on sales made at the Project Site, (ii) that it will pay to Bass Pro the
Bass Pro Project Sales Tax Revenues in accordance with this Agreement and (iii)
that except as hereinafter provided, it will not reduce the rate at which the General
Sales Tax is presently being levied. Prior to any reduction in the rate at which the
General Sales Tax is levied, the City will make satisfactory arrangements with
Bass Pro to ensure that the payments to Bass Pro of the Bass Pro Project Sales
Tax Revenues are equal to the amount that would have been paid hereunder if the
rate of the General Sales Tax had not been reduced. In the event that the City
hereby issues any obligations or enters into any contract payable out of the
General Sales Tax, it will recognize the prior lien on the Bass Pro Project Sales
Tax Revenues created in this Agreement and the Sales Tax Warrant.
(e) Levy and Collection of Lodging Tax. So long as any payments
from the City out of Bass Pro Hotel Lodging Tax Revenues remain due to Bass
Pro hereunder, the City agrees with Genesis and Bass Pro (i) that it will levy and
make all reasonable efforts to collect, or cause to be collected, the Lodging Tax
on hotels and motels at the Project Site, (ii) that it will pay to Bass Pro the Bass
Pro Hotel Lodging Tax Revenues in accordance with this Agreement and (iii) that
except as hereinafter provided, it will not reduce the rate at which the Lodging
Tax is presently being levied. Prior to any reduction in the rate at which the
Lodging Tax is levied, the City will make satisfactory arrangements with Bass
Pro to ensure that the payments to Bass Pro of the Bass Pro Hotel Lodging Tax
Revenues are equal to the amount that would have been paid hereunder if the rate
of the Lodging Tax had not been reduced. In the event that the City hereby issues
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8.A.a
Attachment: Project Development and Funding Agreement - Decatur - Economic Development (14-4174 : Development Agreement)
any obligations or enters into any contract payable out of the Lodging Tax, it will
recognize the prior lien on the Bass Pro Hotel Lodging Tax Revenues created in
this Agreement and the Lodging Tax Warrant.
(f) Issuance of Sales Tax Warrant by the City. As evidence of the
City's obligation to make the payments to Bass Pro described in Section 5(a) of
this Agreement, the City will issue to Bass Pro, on or before, but no earlier than
ten (10) days prior to the Start Date, the City's Sales Tax Warrant in an amount
not to exceed $31,000,000 to be payable solely out of Bass Pro Project Sales Tax
Revenues.
(g) Issuance of Lodging Tax Warrant by the City. As evidence of the
City's obligation to make the payments to Bass Pro described in Section 5(b) of
this Agreement, the City will issue to Bass Pro, on or before, but no earlier than
ten (10) days prior to the date that the Bass Pro Hotel is Opened for Business, the
City's Lodging Tax Warrant in an amount not to exceed $14,000,000 to be
payable solely out of Bass Pro Hotel Lodging Tax Revenues.
Section 6. Initial Contribution by the City.
(a) Subject to the remaining provisions of this Section 6 and to the
satisfaction of all the conditions set forth in Section 10 hereof, the City will use its
best efforts to issue its general obligation warrants in one or more series to
provide up to $11,000,000 to be applied by the City to
(i) the payment to Genesis of one-half (1/2) of the cost of
purchasing the Phase One Land;
(ii) the construction by the City of the Boulevard;
(iii) the construction by the City of the Retention
Reservoir;
(iv) the payment by the City of one-half (1/2) of the cost
of the construction of the Overpass; and
(v) the cost of constructing the temporary road referred to
in subparagraph (F) of this Section 6(a).
The City will promptly apply the proceeds of the Series A Warrants for the
purposes for which the Series A Warrants are herein authorized to be issued;
provided, however, that the City shall not be obligated to spend more than
$6,000,000 for the purposes enumerated in subparagraphs (i), (ii), (iii) and (v) of
this Section 6(a). The City shall not be obligated to pay any of the costs
associated with items (i) through (v) of this Section 6(a) until all of the following
shall have occurred:
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8.A.a
Attachment: Project Development and Funding Agreement - Decatur - Economic Development (14-4174 : Development Agreement)
(A) Genesis shall have acquired title to the Phase
One Land;
(B) Genesis shall have conveyed to Bass Pro the
Bass Pro Site;
(C) Genesis shall have conveyed to the City that
portion of the Project Site on which the Boulevard will be
located;
(D) Genesis shall have conveyed to the City that
portion of the Project Site shown on Exhibit A attached
hereto as the site for the Retention Reservoir, which will be
confirmed by the Final Plat;
(E) Genesis shall have conveyed or caused to be
conveyed to the City, or the State of Alabama, or to any
other governmental entity that may be designated by the
City, as the case may be, the Overpass Land or rights-ofways or easements over the Project Site as may be necessary
for the construction of the Overpass; and
(F) Genesis shall have conveyed to the City a
temporary easement across Genesis' property from State
Highway 20 to the Bass Pro Site, or to Moonlight Way,
whichever is shorter, for the construction of a temporary
road to be used for construction.
(b) Prior to the conveyance of any real estate provided to be conveyed
hereunder to Bass Pro, the City, the State of Alabama, the Alabama Department
of Transportation or to any other governmental entity or agency, Genesis shall, at
its sole cost and expense, provide the following to the party in favor of whom
such conveyance is being made, each to the reasonable satisfaction of such party:
(i) at least fifteen (15) days prior to the subject closing, an
ALTA boundary survey of the subject property certified to the
party acquiring the same and the title company;
(ii) at least fifteen (15) days prior to the subject closing, an
owner’s title commitment issued by First American Title Insurance
Company, through its agent, Harris, Caddell & Shanks, P.C.,
committing to insure the acquiring party’s title to the subject
property, subject only to such exceptions as are satisfactory to such
party;
(iii) at the subject closing, an owner’s title policy issued
by First American Title Insurance Company, insuring the acquiring
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party’s title to the subject property, subject only to such exceptions
as are reasonably satisfactory to such party;
(iv) mortgage releases from any mortgagee of the subject
property;
(v) a Phase I Environmental Site Assessment (ASTM
1527-05) on the subject property in favor of the party acquiring the
same, showing no recognized environmental conditions;
(vi) a statutory warranty deed to the party acquiring the
subject property conveying fee simple title in the subject property,
free and clear of any encumbrances other than those satisfactory to
such party;
(vii) the conveying party’s lien waiver, bankruptcy,
judgment and tax lien affidavits, using the standard forms
customarily employed by title companies in Alabama, together
with an affidavit under Section 1445 of the Internal Revenue Code
of 1986, as amended and such documentation as may be
reasonably necessary or appropriate to convey the title to the party
acquiring the same in accordance with the tenor of this Agreement;
and
(viii) written resolutions of all of the conveying party’s
owners, officers, managers, directors, members and partners (as
applicable) authorizing the transactions contemplated hereby and
the conveyance of the subject property to the party acquiring the
same.
Section 7. Agreement by Bass Pro to Build and Operate Bass Pro Store. In
consideration of the agreements on the part of the City and Genesis herein contained, Bass Pro
agrees that it will complete the construction of the Bass Pro Store within four hundred (400) days
of the satisfaction of all the conditions in Section 11 of this Agreement, subject to delays caused
by Force Majeure, and that it will operate the Bass Pro Store for a period of not less than twenty
(20) years from the Start Date; provided, however, that Bass Pro shall not be obligated to open
the Bass Pro Store for business between November 1 of a calendar year and March 31 of the
immediately following calendar year; and provided further, however, that Bass Pro shall have the
right to temporarily close the Bass Pro Store for remodeling, renovations, repairs, casualties and
closures required by law. Bass Pro agrees that during such twenty-year period, it will not operate
any other Bass Pro Outdoor World® retail store within the following counties in the State of
Alabama: Blount, Dekalb, Colbert, Cullman, Franklin, Lauderdale, Lawrence, Limestone,
Madison, Marshall and Morgan; provided, however, that the foregoing shall not prohibit the
operation by Bass Pro of any competing business which is the result of an acquisition by Bass
Pro or its affiliates. Any such competing business acquired by Bass Pro or one of its affiliates of
any existing retailer shall not be operated under the Bass Pro name or logo in any of the abovenamed counties in the State of Alabama. In the event that Bass Pro acquires in a single
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8.A.a
acquisition a chain of not less than four (4) stores, Bass Pro shall have the right to operate one
such store of not more than 30,000 square feet under the Bass Pro name or logo in one of the
above-named counties subject to a satisfactory agreement between Bass Pro and the City with
respect to the funding of any decrease in General Sales Taxes at the Bass Pro Site following such
acquisition. Bass Pro acknowledges that, upon the satisfaction of the conditions set forth in
Section 10 hereof, the City will issue the Warrants in reliance, in part, upon the performance by
Bass Pro of its obligations in this Section 7. In the event that Bass Pro fails to perform its
obligations contained in this Section 7, the City will incur direct damages in the form of its
obligation to pay debt service on the Warrants without receiving the sources of revenue that
would have been available if Bass Pro had complied with its obligations under this Section 7.
The City agrees, consistent with its regulatory duties and responsibilities, to cooperate
with Bass Pro in applying for the requisite and necessary approvals, variances, licenses, permits,
and permissions for any and all aspects of the development and operation of the Project Site
including, by way of illustration and not limitation, approvals, variances, permits, licenses and/or
permissions for zoning requirements consistent with the City's applicable land use plans, if any,
and any other necessary municipal activity required to complete the development of the Project
Site.
Section 8. Construction of Overpass and Connecting Roadway.
(a) Construction of Overpass. The City and Genesis agree to work
together and cooperate in good faith to secure state and federal funding and
approval for the construction of the Overpass that will allow unimpeded vehicular
access to and from the Project Site from both directions on State Highway 20 and
from Bibb Garrett Road. In connection with the construction of the Overpass,
Genesis shall convey to the City, the State of Alabama or such other public or
governmental body as the City may direct, a fee simple interest in, or the
necessary rights-of-way over, the Overpass Land. If some or all of the Overpass
Land consists of portions of the Project Site owned by the present owner (on
which Genesis has not yet acquired title), or adjacent land owned by the current
owner of the Project Site, Genesis shall have the right to satisfy its obligation in
part by causing the present owner to convey a fee simple interest in, or the
necessary rights-of-way over, such land in satisfaction of the obligation of
Genesis pursuant to this Section 8. The conveyances described above shall be
made at or around the time that other rights-of-way are obtained after funding for
the entire cost of the Overpass has been approved. The parties understand and
agree that if the Overpass Land includes the property where currently a
convenience store is located, such property may be conveyed subject to any lease
covering the property where the convenience store is located. Genesis and the
present owner of the property where the convenience store is currently located
shall not be responsible for any cost or expense associated with terminating such
leasehold interest. However, pursuant to its rights contained in the Purchase
Agreement between Genesis and the present owner of the Project Site, Genesis
shall not grant any consent to the present owner to extend the term of the lease
covering the property where the convenience store is located without the prior
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Attachment: Project Development and Funding Agreement - Decatur - Economic Development (14-4174 : Development Agreement)
8.A.a
written consent of the City. While it is acknowledged that the parties do not know
the exact land at this time which would constitute the Overpass Land, it is
currently contemplated that it would consist of the land located in the northwest
corner of the Project Site, or adjacent land owned by the current owner of the
Project Site, adjacent to State Highway 20, the exact boundaries of which will be
designated by the City and/or the Alabama Department of Transportation.
Genesis shall have the right to negotiate with the State and/or the Alabama
Department of Transportation with respect to the compensation, if any, to which it
is entitled for the Overpass Land.
(b) Construction of Connecting Roadway. If necessary and required
by the State of Alabama, Genesis agrees, at its sole cost, but subject to terms and
conditions reasonably satisfactory to it, to obtain the necessary rights-of-way and
easements in the Project Site and to construct only on the Project Site a primary
roadway to connect or lead to the connection of the Overpass to the Boulevard. If
any public road on the Project Site is vacated because of the construction of the
Overpass, title thereto shall vest in such persons as may be provided by law.
Section 9. Incentives Granted to Genesis. Subject to Section 10 of this Agreement, the
City agrees with Genesis as follows:
(a) The City agrees to use its best efforts to promptly issue additional
general obligation warrants to provide up to an additional $800,000 for
infrastructure costs with respect to the Inside Road after Genesis shall have
delivered to the City one or more executed contracts with Additional Retailers
opening a location at Sweetwater with Projected City Taxes of not less than
$75,000 a year. Genesis agrees that it will pay to the City as it becomes due the
debt service on the Series B Warrants from their date until the date that such
Additional Retailers with Projected City Taxes of not less than $75,000 a year are
Open for Business. The City will promptly apply the proceeds of the Series B
Warrants for the purposes for which the Series B Warrants are herein authorized
to be issued.
(b) Subject to the conditions hereinafter set forth, after Genesis has met
the conditions to the issuance of the Series B Warrants, the City agrees to use its
best efforts to promptly issue one or more series of general obligation warrants to
provide up to an additional $4,200,000 to pay, or to reimburse Genesis for, the
costs of the following:
(i) additional infrastructure work on the Boulevard,
(ii) relocation of TVA power lines;
(iii) engineering costs; and
(iv) one-half (½) of the cost acquiring the Phase One
Land.
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Attachment: Project Development and Funding Agreement - Decatur - Economic Development (14-4174 : Development Agreement)
8.A.a
8.A.a
Attachment: Project Development and Funding Agreement - Decatur - Economic Development (14-4174 : Development Agreement)
The City will promptly apply the proceeds of the Series C Warrants for the
purposes for which the Series C Warrants are herein authorized to be issued. The
City's obligation to pay or provide up to an additional $4,200,000 for the
foregoing is subject to the following terms and conditions:
(A) For each Additional Retailer which Opens for
Business beginning on or before the Start Date and prior to
the expiration of thirty-six (36) months from the Start Date,
the City will pay, or reimburse Genesis for, the following
amounts at the following times: On the Start Date and on
each Valuation Date thereafter the City will calculate (1) the
Preliminary Stated Amount for any Additional Retailer
which has Opened for Business during the preceding six
months (or in the case of the first Valuation Date, at any
time prior thereto) and (2) the Final Stated Amount for any
Additional Retailer which has been Open for Business for
twelve (12) full months during such Valuation Period.
Within ninety (90) days of such Valuation Date, the City
shall pay, or reimburse Genesis for, seventy-five percent
(75%) of the Preliminary Stated Amounts for any such
Additional Retailers which Opened for Business during the
preceding Valuation Period, plus the difference, if any,
between the Final Stated Amounts for any Additional
Retailer Opened for Business for twelve (12) full months
during such preceding Valuation Period and the amount
theretofore paid by the City as seventy-five percent (75%)
of the Preliminary Stated Amounts for such Additional
Retailers.
(B) In the case of a Permitted Existing Retailer, the
City shall pay, or reimburse Genesis for, fifty percent (50%)
of the amount that would be due as the Final Stated Amount
if such Permitted Existing Retailer were an Additional
Retailer but only on or before the ninetieth (90th) day after
the Valuation Date immediately following the expiration of
twelve (12) full months that such Permitted Existing
Retailer has been Open for Business and then only if such
Permitted Existing Retailer has not then closed any existing
location in the City of Decatur.
(C) In the event that the balance due to Genesis for
any Additional Retailer after such Additional Retailer has
been open for twelve (12) full months shall be a negative
number, the City shall be entitled to offset the amount by
which seventy-five percent (75%) of Preliminary Stated
Amount exceeded the Final Stated Amount against any
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future amount owed to Genesis by the City under this
Agreement.
(D) As Genesis becomes entitled to payments by the
City for the costs of the improvements described in
subsection 9(b) above, Genesis shall have the right to
designate the order in which the City reimburses Genesis for
such costs or expends money directly to fund such costs.
(E) In the event the total costs of the improvements
listed in Section 9(b) above exceeds $4,200,000, one-half
(½) of such excess shall be paid by the City and one-half
(½) shall be paid by Genesis, provided, however, the City
shall not be obligated to pay more than an additional
$110,000.
(F) In the event that the date an Additional Retailer
or a Permitted Existing Retailer Opens for Business is
delayed beyond thirty-six (36) months from the Start Date
by reason of Force Majeure, such thirty-six-month period
shall be extended by a number of months equal to each
month, or portion thereof, during which such Force Majeure
exists.
(G) In the event that at the time the City becomes
obligated to expend any funds pursuant to this Section 9(b),
Genesis shall have failed to pay when due the debt service
on the Series B Warrants pursuant to Section 9(a) hereof,
the City shall have the right to offset the amount unpaid plus
interest at the rate of interest on the Series B Warrants from
the date such payment was due to the date such amount was
paid.
Section 10. Conditions to the Obligations of the City Under this Agreement. Each of
the obligations of the City under this Agreement is expressly conditioned upon the following:
(a) The execution and delivery of this Agreement by the parties hereto;
(b) The conveyance to Bass Pro and the City (or, at the direction of the
City, to the State of Alabama or such other public or governmental body as the
City may direct) of those portions of the Project Site to be conveyed pursuant to
Section 6 (a) of this Agreement;
(c) The receipt of the Validation Order;
(d) The receipt by the City of the Guaranty, in form and substance
satisfactory to the City and its counsel and to Bass Pro and its counsel, pursuant to
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8.A.a
which the Guarantor will guarantee to the City the performance by Bass Pro of all
its obligations under this Agreement;
(e) The receipt by the City of an opinion of counsel to Genesis, in form
and substance satisfactory to the City and its counsel with respect to the due
authorization, execution and delivery of this Agreement by Genesis and the
validity and enforceability against Genesis of this Agreement;
(f) The receipt by the City of an opinion of counsel to Bass Pro, in form
and substance satisfactory to the City and its counsel, with respect to the due
authorization; execution and delivery of this Agreement by Bass Pro and the
validity and enforceability against Bass Pro of this Agreement;
(g) The receipt by the City of an opinion of counsel to the Guarantor, in
form and substance satisfactory to the City and its counsel, with respect to the due
authorization, execution and delivery of the Guaranty by the Guarantor and the
validity and enforceability against the Guarantor of the Guaranty;
(h) The satisfaction of all conditions to Bass Pro's obligations under this
Agreement under Section 11 hereof;
(i) Genesis and the City shall have agreed to the terms and conditions
pursuant to which the Connecting Roadway, if any, described in Section 8(b) will
be constructed; and
(j) The receipt by the City of a written commitment by Bass Pro to cause
a recreational vehicle dealership to be Open for Business at Sweetwater by the
Start Date.
In the event that all of the foregoing conditions precedent of this Section are not satisfied
by December 31, 2014, the City may terminate this Agreement by written notice to that
effect delivered to all other parties and upon such termination no party hereunder shall
have any obligation to any other party with respect to this Agreement. If all the
foregoing conditions precedent of this Section are satisfied by December 31, 2014, the
City will deliver to Genesis and Bass Pro a certificate to that effect.
Section 11. Conditions to the Obligations of Bass Pro Under this Agreement. Each
of the obligations of Bass Pro under this Agreement is expressly conditioned upon the following:
(a) The execution and delivery of this Agreement by the parties hereto;
(b) The receipt by Bass Pro (with a copy to Genesis) of an opinion of
counsel to the City, in form and substance satisfactory to Bass Pro and its counsel,
with respect to the due authorization, execution and delivery of this Agreement by the
City and the validity and enforceability against the City of this Agreement, which
opinion shall be delivered within fourteen (14) days of the receipt by the City of the
Validation Order, and which may be delivered in reliance upon the Validation Order;
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Attachment: Project Development and Funding Agreement - Decatur - Economic Development (14-4174 : Development Agreement)
8.A.a
8.A.a
Attachment: Project Development and Funding Agreement - Decatur - Economic Development (14-4174 : Development Agreement)
(c) The receipt by Bass Pro of a copy of the Validation Order;
(d) Genesis shall have acquired title to the Phase One Land;
(e) Bass Pro and Genesis shall have entered into a purchase and sale
agreement pursuant to which Genesis shall have conveyed to Bass Pro the Bass Pro
Site;
(f) Genesis shall have conveyed to the City that portion of the Project Site
on which the Boulevard will be located;
(g) Genesis shall have conveyed to the City that portion of the Project Site
shown on Exhibit A attached hereto as the Retention Reservoir;
(h) Genesis shall have conveyed or cause to be conveyed to the City, or the
State of Alabama, or to any other governmental entity that may be designated by the
City, as the case may be, the Overpass Land or rights-of-ways or easements over the
Project Site as may be necessary for the construction of the Overpass;
(i) Genesis shall have conveyed to the City and Bass Pro a temporary
easement across Genesis' property from State Highway 20 to the Bass Pro Site for
the construction of a temporary road to be used for construction;
(j) Bass Pro shall have been granted (i) permanent easements with
respect to its right to use those portions of the Project Site on which the Boulevard
and the Retention Reservoir will be located, and (ii) the right, at no additional
expense to the City, to construct or cause to be constructed or complete or cause
to be completed construction of the Boulevard and/or the Retention Reservoir if
the construction of either or both of the Boulevard and/or the Retention Reservoir
have not been completed in accordance with Bass Pro's construction schedule for
the Bass Pro Store;
(k) Bass Pro, at its expense, shall have obtained all necessary site and
building permits and licenses for the commencement of construction of the Bass
Pro Store;
(l) The receipt by Bass Pro of any necessary approvals by the City for the
site plan for the Bass Pro Site and for temporary signage during the period of
construction for the Bass Pro Store; and
(m) Bass Pro has on the Bass Pro Site adequate utilities to begin
construction of the Bass Pro Store.
In the event that any of the foregoing conditions precedent of this Section are not
satisfied by December 31, 2014, Bass Pro may terminate this Agreement by written
notice to that effect delivered to all other parties and upon such termination no party
hereunder shall have any obligation to the other with respect to this Agreement. If all the
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foregoing conditions precedent of this section are satisfied on or before December 31,
2014, Bass Pro will deliver to the City and Genesis a certificate to that effect.
Section 12. Agreement by Genesis and Bass Pro to Comply with Environmental
Laws. Genesis and Bass Pro shall, independently and not jointly and severally, comply in all
material respects with all federal, state, local and other statutes, ordinances, judgments, rulings
and regulations relating to environmental pollution or environmental regulation or control with
respect to any portion of Sweetwater owned by them, respectively, during the period of
ownership and shall cause such land during the period of ownership to be operated and
maintained in accordance with all such statutes, ordinances, judgments, rulings and regulations.
Section 13. Maintenance and Upkeep Provided by Genesis. Upon the opening of the
Bass Pro Store, Genesis will assume (or will cause any subsequent purchaser, tenant or occupant
to assume with respect to that portion of the Project Site) the responsibility for the maintenance
and upkeep of the entire Project Site other than the public road constituting a portion of the
Boulevard, the Inside Road and other than the Bass Pro Site for which Bass Pro shall have the
obligation to maintain, including (a) the landscaping and irrigation within the public rights of
way and (b) the Retention Reservoir. If repairs are required during the period that labor,
materials or equipment are under warranty to the City, the City agrees to pursue such warranties
against the respective vendors or suppliers to obtain repair or replacement of defective materials
or workmanship.
Section 14. Cooperation with Other Governmental Entities. The City and Genesis
agree to cooperate with each other in good faith to obtain the following by the Alabama
Department of Transportation, Decatur Utilities and Athens Utilities for the Project Site:
(a) The funding, design, acquisition of rights-of-way, and construction by
the Alabama Department of Transportation the Overpass,
(b) the funding by Decatur Utilities to accomplish the design, permitting,
and construction of water, sanitary sewer, and natural gas utilities both offsite and
onsite of the Project Site to service all lots in Phase I of the Sweetwater
Development, and
(c) the funding by Athens Utilities to accomplish the design, permitting,
and construction of electrical primary distribution both offsite and onsite of the
Project Site to service all lots in Phase I of the Sweetwater development.
Section 15. Name of Boulevard. The City agrees to cause the Boulevard to be named
"Bass Pro Drive" or such other similar name as may be acceptable to Bass Pro.
Section 16. Permits and Licenses. Subject to applicable law, the City hereby agrees to
take such reasonable actions as may be necessary to enable Bass Pro to obtain timely processing
of all properly submitted applications for obtaining and maintaining all City permits and licenses
related to the construction and operation of the Bass Pro Store, as well as timely renewals of all
such permits and licenses issued by the City.
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Attachment: Project Development and Funding Agreement - Decatur - Economic Development (14-4174 : Development Agreement)
8.A.a
8.A.a
Attachment: Project Development and Funding Agreement - Decatur - Economic Development (14-4174 : Development Agreement)
Section 17. Use Restrictions.
(a) Subject to Section 7 hereof, Bass Pro shall have the right to use the
Bass Pro Site for any lawful use without restriction, subject to applicable laws and
regulations. In addition to the Bass Pro Store, Bass Pro also shall have the right,
at its option, to construct outbuildings or other structures upon the Bass Pro Site
and to add additional space to the Bass Pro Store at any time, provided that Bass
Pro complies with applicable zoning and building requirements then in effect.
Bass Pro shall be in sole control of the design of the Bass Pro Store and other
improvements on the Bass Pro Site, subject to applicable laws.
(b) Without limiting the generality of the foregoing, Bass Pro may use
the Bass Pro Site for the retail sale of sporting goods, sporting equipment and
sporting services of all types and kinds and sales of all other goods and services
and other items of the type sold by Bass Pro at its retail stores in the United States
including, without limitation, educational videos, magazines, gifts, household
furnishings, cameras, film, bowling alley, toys, jewelry, travel, taxidermy, marine
products, boats, live bait, fishing products and services, camping products and
services, hunting products and services, golf products and services, NASCARrelated apparel, gift items and activities, recreational vehicles, off-road and allterrain vehicles, fuel, accessories, apparel, footwear, bikes, skis and ski products,
scuba gear, firearms, ammunition, and components and related uses such as an
indoor and/or outdoor gun and archery range, an indoor and/or outdoor golf range,
marina, a sporting goods demonstration area or areas, outdoor education seminars
and, at Bass Pro=s option, a snack bar, convenience store, food service court
and/or restaurant, with or without a bar, serving liquor, wine and beer. Subject to
Bass Pro obtaining all necessary licenses and compliance with applicable liquor
license laws and regulations, the City represents to Bass Pro that the City is not
aware of any present municipal legal restriction on Bass Pro=s ability to obtain a
license to sell and serve liquor, wine or beer. The parties acknowledge that Bass
Pro shall have the right to change the secondary merchandise mix to reflect the
proper regional outdoor activities, which may be unique from market to market,
provided that the primary merchandise lines shall continue to be fishing, hunting,
camping and boats. Bass Pro shall have the right to use the outdoor areas on the
Bass Pro Site for the sale, display and storage of boats, recreational vehicles and
off-road and all-terrain vehicles.
(c) Genesis grants to Bass Pro exclusive use rights to sell the following
products within the Sweetwater Development: (i) hunting, fishing, golf and
camping products, and (ii) boats, recreational vehicles, off-road vehicles and allterrain vehicles ("Covered Products"). Provided, however, such rights shall not
preclude or be deemed impaired by the operation of an Exempt Retail Store as
hereinafter defined within all phases of the Sweetwater Development. In
clarification of the foregoing, Genesis shall be permitted to sell, lease or sublease
any space within all phase of the Sweetwater Development, and permit the same
to be done, for the operation of an Exempt Retail Store.
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(d) The use of all land in the Project Site (Sweetwater Phase I consisting
of 125 acres) other than the Bass Pro Site shall be limited to retail, lodging,
entertainment and attractions uses, all of which must generate City Taxes, unless
Bass Pro gives prior written consent to a different use which consent will not be
unreasonably withheld.
(e) Bass Pro=s rights under this Section shall be evidenced by a recorded
instrument executed by Genesis, as owner of the Sweetwater Development.
Genesis shall cause such instrument to be recorded in the Office of the Judge of
Probate of Limestone County immediately following each and every deed
conveying any portion of the Sweetwater Development to Genesis and prior to
any other instruments of record.
For purposes of this Agreement, "Exempt Retail Store" means any of the following:
(i) Wal-Mart store, K-Mart store, Target store,
J.C. Penney store, Kohl=s store or Sears store with a retail selling
area of at least 70,000 square feet and which is operated in a
similar manner as such company=s other stores in the United
States;
(ii) any store which is approved by Bass Pro, in its sole
discretion; or
(iii) any retail store which does not devote more than
1,000 square feet of selling area to the sale of the Covered
Products, in the aggregate.
Section 18. Event of Default. Any of the following shall constitute an "Event of Default"
under this Agreement:
(a) The failure by Bass Pro to perform and observe any of the agreements
and covenants on its part contained herein, which failure continues for a period of
not less than thirty (30) days after written notice of such failure has been given to
Bass Pro by the City unless (i) the City shall agree in writing to an extension of
such period prior to its expiration or (ii) during such thirty (30) day period or any
extension thereof, Bass Pro has commenced and is diligently pursuing appropriate
corrective action, or (iii) Bass Pro is by reason of Force Majeure at the time
prevented from performing or observing the agreement or covenant with respect
to which it is delinquent; or
(b) The failure by Genesis to perform and observe any of the agreements
and covenants on its part contained herein, which failure continues for a period of
not less than thirty (30) days after written notice of such failure has been given to
Genesis by the City unless (i) the City shall agree in writing to an extension of
such period prior to its expiration or (ii) during such thirty (30) day period or any
extension thereof, Genesis has commenced and is diligently pursuing appropriate
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Attachment: Project Development and Funding Agreement - Decatur - Economic Development (14-4174 : Development Agreement)
8.A.a
corrective action, or (iii) Genesis is by reason of Force Majeure at the time
prevented from performing or observing the agreement or covenant with respect
to which it is delinquent; or
(c) The failure by the City to perform and observe any of the agreements
and covenants on its part contained herein, which failure continues for a period of
not less than thirty (30) days after written notice of such failure has been given to
the City by Genesis or Bass Pro unless (i) Genesis or Bass Pro shall agree in
writing to an extension of such period prior to its expiration or (ii) during such
thirty (30) day period or any extension thereof, the City has commenced and is
diligently pursuing appropriate corrective action, or (iii) the City is by reason of
Force Majeure at the time prevented from performing or observing the agreement
or covenant with respect to which it is delinquent; or
(d) Any warranty, representation or other statement by or on behalf of
Bass Pro, Genesis or the City contained in this Agreement or in any certificate or
instrument furnished in compliance with or in reference to this Agreement shall
be false or misleading in any material respect; or
(e) The failure by Bass Pro to cause substantial construction activities to
have commenced on the Bass Pro Store, within ninety (90) days of the satisfaction
of all the conditions precedent to the obligations of Bass Pro hereunder as set
forth in Section 11 hereof (i) unless the City shall agree in writing to an extension
of such period prior to its expiration or (ii) during such ninety (90) day period or
any extension thereof, Bass Pro has commenced and is diligently pursuing
appropriate corrective action, or (iii) Bass Pro is by reason of Force Majeure at
the time prevented from performing or observing the agreement or covenant with
respect to which it is delinquent; or
(f) The entry of a decree or order by a court of competent jurisdiction for
relief in respect of Bass Pro or adjudging Bass Pro to be a bankrupt or insolvent or
approving as properly filed a petition seeking the arrangement, adjustment or
composition of its obligations under the United States Bankruptcy Code, as now
constituted or as amended, or any other applicable federal or state bankruptcy or
other similar law, which decree or order shall have continued undischarged or
unstayed for a period of sixty (60) days; or the entry of a decree or order of a
court of competent jurisdiction for the appointment of a receiver, liquidator,
trustee, custodian or assignee in bankruptcy or insolvency for Bass Pro or for all
or a major part of its property, or for the winding up or liquidation of its affairs,
which decree or order shall have remained in force undischarged or unstayed for a
period of sixty (60) days.
Upon the occurrence of an Event of Default by Genesis or Bass Pro hereunder, the City
may terminate this Agreement as it pertains to the defaulting party in which case it shall have no
further obligations to the defaulting party hereunder and may pursue all remedies available to it,
at law or in equity, against such defaulting party. Upon the occurrence of an Event of Default
hereunder by the City, neither Genesis nor Bass Pro shall have any further obligations hereunder,
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8.A.a
and Genesis and Bass Pro may pursue all remedies available to them, at law or in equity, against
the City. In any action commenced against a defaulting party hereunder, the prevailing party
shall be entitled to recover all its fees and expenses, including reasonable attorneys' fees and
expenses.
Section 19. Nonseverability. In the event that this Agreement or any portion hereof
shall be determined by any court of competent jurisdiction to be invalid, unenforceable, or
unconstitutional to any extent, then the entirety of the Agreement shall then be deemed to be null
and void.
Section 20. Permitted Assignment; No Third Party Beneficiaries; No Assignment
Without Consent. Neither the City, Bass Pro nor Genesis shall have any right to assign its
rights hereunder, or delegate any duties hereby imposed, without the prior written consent of the
other parties, which consent shall not be unreasonably withheld. This Agreement shall bind and
inure to the benefit only of the City, Bass Pro and Genesis, and no other party shall be a
beneficiary hereof or be entitled to enforce the provisions hereof. Notwithstanding the
foregoing, Bass Pro shall have the right to assign its rights and obligations under this Agreement
to a third party for financing purposes (including for a sale/leaseback transaction) provided that
any such assignment shall not release Bass Pro from its obligations hereunder.
Section 21. Indemnification.
(a) Indemnification by Bass Pro. Bass Pro shall defend, protect,
indemnify and hold harmless the City and Genesis, and their officers, agents,
employees and, in the case of the City, the members of its governing body, from
and against all claims or demands, including actions or proceedings brought
thereon, and all costs, expenses and liabilities of any kind relating thereto,
including reasonable attorneys' fees and cost of suit, arising out of or resulting
from any of the following:
(i) any construction activity performed pursuant to this
Agreement by or under the direction or control of Bass Pro, or
anyone acting pursuant to a contract with Bass Pro; and
(ii) any loss of life, personal injury or damage to property
arising from or out of the use of any portion the Project Site owned
by Bass Pro by any person, including, without limitation, tenants,
customers and invitees at the portion of the Project Site owned by
Bass Pro;
provided, however, that the foregoing indemnity shall not extend to such claims
or demands that are attributable to the gross negligence or willful misconduct of
the City or Genesis, as the case may be, or their officers, agents, employees or, in
the case of the City, the members of its governing body.
(b) Indemnification by Genesis. Genesis shall defend, protect,
indemnify and hold harmless the City and Bass Pro, and their officers, agents,
employees and, in the case of the City, the members of its governing body, from
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8.A.a
and against all claims or demands, including actions or proceedings brought
thereon, and all costs, expenses and liabilities of any kind relating thereto,
including reasonable attorneys’ fees and costs of suit, arising out of or resulting
from any of the following:
(i) any construction activity performed pursuant to this
Agreement by or under the direction or control of Genesis or
anyone acting pursuant to a contract with Genesis; and
(ii) any loss of life, personal injury or damage to property
arising from or out of the use of any portion of the Project Site
owned by Genesis by any person, including, without limitation,
tenants, customers and invitees at the portion of the Project Site
owned by Genesis;
provided, however, that the foregoing indemnity shall not extend to such claims
or demands that are attributable to the gross negligence or willful misconduct of
the City or Bass Pro or their officers, agents, employees or, in the case of the City,
the members of its governing body.
(c) Proof of Insurance. Prior to the commencement of any construction
activity to be performed by Bass Pro or Genesis in connection with Sweetwater,
such party shall furnish proof of liability and casualty insurance policies
satisfactory to the City, which shall name the City as an additional insured, with
minimum limits of three million dollars ($3,000,000) for each occurrence and five
million dollars ($5,000,000) in the aggregate. Bass Pro shall have the right to
self-insure against the liability and casualty insurance required by this
Section 21(c).
The indemnifications set forth in this Section 21 shall survive the termination of this Agreement.
Section 22. Conditions to Obligations of Genesis Under this Agreement. Each of the
obligations of Genesis under this Agreement are expressly conditioned upon the satisfaction of
the conditions to the obligations of the City and Bass Pro in Section 10 and Section 11 of this
Agreement.
Section 23. Entire Agreement. This Agreement supersedes in its entirety any and all
other prior agreements, verbal or written, concerning the subject matters dealt with herein. In
furtherance (but not in limitation) of the foregoing, the parties hereto hereby acknowledge and
agree that the terms and provisions of this Agreement shall govern and control with respect to the
subject matter hereof.
Section 24. Termination. Unless otherwise terminated earlier pursuant to the terms
hereof, this Agreement shall terminate upon the termination of the City's obligations to Bass Pro
pursuant to this Agreement.
Section 25. Notices.
All notices, demands, requests and other communications
hereunder shall be deemed sufficient and properly given if in writing and delivered in person to
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Attachment: Project Development and Funding Agreement - Decatur - Economic Development (14-4174 : Development Agreement)
8.A.a
the following addresses or mailed by certified or registered mail, postage prepaid with return
receipt requested, at such addresses:
(a)
If to the City:
City of Decatur
402 Lee Street, N.E.
Decatur, Alabama 35602
Attention: Mayor
With copy to:
City of Decatur
402 Lee Street, N.E.
Decatur, Alabama 35602
Attention: City Attorney
(b)
If to Genesis:
Genesis USA Development, LLC
2400 Crestmoor Road
Nashville, Tennessee 37215
With a copy to:
Steven A. Brickman
Sirote & Permutt, P.C.
2311 Highland Avenue South
Birmingham, Alabama 35205
(c)
If to Bass Pro:
Bass Pro Outdoor World, LLC.
Sportsman's Park Center
2500 E. Kearney
Springfield, Missouri 65898
Attention: John L. Morris
With a copy to:
Larry Wilcher, Group VP and General Counsel
2500 E. Kearney
Springfield, Missouri 65898
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Attachment: Project Development and Funding Agreement - Decatur - Economic Development (14-4174 : Development Agreement)
8.A.a
8.A.a
Charles R. Greene
Husch Blackwell LLP
901 St. Louis Street
Suite 1800
Springfield, Missouri 65806
Any of the above-mentioned parties may, by like notice, designate any further or different
addresses to which subsequent notices shall be sent. Any notice hereunder signed on behalf of
the notifying party by a duly authorized attorney at law shall be valid and effective to the same
extent as if signed on behalf of such party by a duly authorized officer or employee. Any notice
given hereunder shall be deemed to have been given upon receipt by the person to whom such
notice is required to be given hereunder.
Section 26. Execution Counterparts. This Project Development and Funding
Agreement may be executed in any number of counterparts, each of which when so executed
shall be deemed an original, but all such counterparts shall together constitute but one and the
same instrument.
[REMAINING PAGE INTENTIONALLY LEFT BLANK
SIGNATURES FOLLOW]
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Attachment: Project Development and Funding Agreement - Decatur - Economic Development (14-4174 : Development Agreement)
and
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed under
seal, each by its duly authorized officers, as of the date first above written.
CITY OF DECATUR, ALABAMA
By:
Mayor
[SEAL]
Attest:
City Clerk
BASS PRO OUTDOOR WORLD, L.L.C.
By:
John L. Morris, Founder & CEO
GENESIS USA DEVELOPMENT, L.L.C.
By:
Its:
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Attachment: Project Development and Funding Agreement - Decatur - Economic Development (14-4174 : Development Agreement)
8.A.a
Map of Project Site
Attachment: Project Development and Funding Agreement - Decatur - Economic Development (14-4174 : Development Agreement)
8.A.a
EXHIBIT A
A-1
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9.A
City Council
402 Lee St.
Decatur, AL 35601
SCHEDULED
BOARD APPOINTMENT (ID # 1462)
Meeting: 03/17/14 10:00 AM
Department: City Clerk
Category: Appointment
Prepared By: Stacy Gilley
Initiator: Stacy Gilley
Sponsors:
DOC ID: 1462 A
Mike Harris - Appoint to full member for term expiring on
12/31/16
Mike Harris is moving from a supernumerary position to a full member as Kent Lawrence
moved to another board. Kent's term expired at the time he moved so Mike cannot just
assume the remainder of his term.
Updated: 3/5/2014 3:38 PM by Chip Alexander A
Page 1
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9.B
City Council
402 Lee St.
Decatur, AL 35601
SCHEDULED
BOARD APPOINTMENT (ID # 1468)
Meeting: 03/17/14 10:00 AM
Department: City Clerk
Category: Appointment
Prepared By: Stacy Gilley
Initiator: Stacy Gilley
Sponsors:
DOC ID: 1468
Wesley Perry - Construction Industries Board Term expiring
on 12/31/16
Updated: 3/14/2014 9:55 AM by Stacy Gilley
Page 1
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9.C
City Council
402 Lee St.
Decatur, AL 35601
SCHEDULED
BOARD APPOINTMENT (ID # 1474)
Meeting: 03/17/14 10:00 AM
Department: City Clerk
Category: Appointment
Prepared By: Stacy Gilley
Initiator: Stacy Gilley
Sponsors:
DOC ID: 1474
Jacobs Woods - Construction Industries Board Term expiring
on 12/31/15
Updated: 3/13/2014 2:57 PM by Stacy Gilley
Page 1
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9.D
City Council
402 Lee St.
Decatur, AL 35601
SCHEDULED
BOARD APPOINTMENT (ID # 1473)
Meeting: 03/17/14 10:00 AM
Department: City Clerk
Category: Appointment
Prepared By: Stacy Gilley
Initiator: Stacy Gilley
Sponsors:
DOC ID: 1473
Sam Tune - Construction Industries Board Term expiring on
12/31/16
Updated: 3/13/2014 2:54 PM by Stacy Gilley
Page 1
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9.E
City Council
402 Lee St.
Decatur, AL 35601
SCHEDULED
BOARD APPOINTMENT (ID # 1475)
Meeting: 03/17/14 10:00 AM
Department: City Clerk
Category: Appointment
Prepared By: Stacy Gilley
Initiator: Stacy Gilley
Sponsors:
DOC ID: 1475
Appoint Danny Dumas - Construction Industries Board Term
expiring on 12/31/15
Commercial Contractor
Updated: 3/13/2014 3:15 PM by Stacy Gilley
Page 1
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9.F
City Council
402 Lee St.
Decatur, AL 35601
SCHEDULED
BOARD APPOINTMENT (ID # 1472)
Meeting: 03/17/14 10:00 AM
Department: City Clerk
Category: Appointment
Prepared By: Stacy Gilley
Initiator: Stacy Gilley
Sponsors:
DOC ID: 1472
Jeremiah Frost - Construction Industries Board Term
expiring on 12/31/14
Homebuilder
Updated: 3/13/2014 3:16 PM by Stacy Gilley
Page 1
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