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 Generated: 3/17/2014 8:34 AM Page 1 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) Decatur City Generated: 3/17/2014 8:34 AM Page 2 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 Generated: 3/17/2014 8:34 AM Page 3 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. . Packet Pg. 4 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 Packet Pg. 5 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. . Packet Pg. 6 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 Generated: 3/7/2014 2:47 PM Page 1 Packet Pg. 7 5.D Minutes City Council 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 Generated: 3/7/2014 2:47 PM Page 2 Packet Pg. 8 5.D Minutes City Council 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 Decatur City Generated: 3/7/2014 2:47 PM Page 3 Packet Pg. 9 5.D Minutes City Council 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 Generated: 3/7/2014 2:47 PM Page 4 Packet Pg. 10 5.D Minutes City Council March 3, 2014 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 Generated: 3/7/2014 2:47 PM Page 5 Packet Pg. 11 5.D Minutes City Council March 3, 2014 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 Generated: 3/7/2014 2:47 PM Page 6 Packet Pg. 12 5.D Minutes City Council March 3, 2014 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 Generated: 3/7/2014 2:47 PM Page 7 Packet Pg. 13 5.D Minutes City Council 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 Generated: 3/7/2014 2:47 PM Page 8 Packet Pg. 14 5.D Minutes City Council 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 Generated: 3/7/2014 2:47 PM Page 9 Packet Pg. 15 5.D Minutes City Council 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 Decatur City Generated: 3/7/2014 2:47 PM Page 10 Packet Pg. 16 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 Page 2 Packet Pg. 36 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 Packet Pg. 37 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 Packet Pg. 38 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 Page 2 Packet Pg. 39 Packet Pg. 40 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 Packet Pg. 41 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 Page 2 Packet Pg. 42 Packet Pg. 43 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 Packet Pg. 44 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 Packet Pg. 45 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 Packet Pg. 46 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 Packet Pg. 47 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 Packet Pg. 48 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: Updated: 3/10/2014 11:21 AM by Herman Marks Page 2 Packet Pg. 49 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. Updated: 3/10/2014 11:21 AM by Herman Marks Page 3 Packet Pg. 50 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 Page 4 Packet Pg. 51 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 Packet Pg. 53 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. 1 Packet Pg. 54 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) "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 Packet Pg. 55 8.A.a 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. 3 Packet Pg. 56 8.A.a 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. 4 Packet Pg. 57 "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 Packet Pg. 58 Attachment: Project Development and Funding Agreement - Decatur - Economic Development (14-4174 : Development Agreement) 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. 6 Packet Pg. 59 Attachment: Project Development and Funding Agreement - Decatur - Economic Development (14-4174 : Development Agreement) 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 7 Packet Pg. 60 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) 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 8 Packet Pg. 61 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 9 Packet Pg. 62 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: 10 Packet Pg. 63 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 11 Packet Pg. 64 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 12 Packet Pg. 65 Attachment: Project Development and Funding Agreement - Decatur - Economic Development (14-4174 : Development Agreement) 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 13 Packet Pg. 66 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. 14 Packet Pg. 67 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 15 Packet Pg. 68 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 16 Packet Pg. 69 Attachment: Project Development and Funding Agreement - Decatur - Economic Development (14-4174 : Development Agreement) 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; 17 Packet Pg. 70 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 18 Packet Pg. 71 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. 19 Packet Pg. 72 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. 20 Packet Pg. 73 (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 21 Packet Pg. 74 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, 22 Packet Pg. 75 Attachment: Project Development and Funding Agreement - Decatur - Economic Development (14-4174 : Development Agreement) 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 23 Packet Pg. 76 Attachment: Project Development and Funding Agreement - Decatur - Economic Development (14-4174 : Development Agreement) 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 24 Packet Pg. 77 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 25 Packet Pg. 78 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] 26 Packet Pg. 79 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: 27 Packet Pg. 80 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 Packet Pg. 81 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 Packet Pg. 82 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 Packet Pg. 83 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 Packet Pg. 84 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 Packet Pg. 85 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 Packet Pg. 86 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 Packet Pg. 87