MINUTES FROM A REGULAR MEETING OF THE COUNCIL OF MUSCLE SHOALS, ALABAMA, HELD July 21, 2003

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1 MINUTES FROM A REGULAR MEETING OF THE COUNCIL OF MUSCLE SHOALS, ALABAMA, HELD July 21, 2003 The Council of Muscle Shoals, Alabama met at the Muscle Shoals City Hall in said City at 7:00 p.m. on the 21st day of July 2003 being the regularly scheduled time and approved place for said meeting. The meeting was called to order by David Bradford, Mayor of the City. The invocation was given by Ricky Williams. On roll call the following members were found to be present or absent, as indicated: PRESENT: ABSENT: STEVE BRADFORD, NEAL WILLIS, DAVID YARBER, ALLEN NOLES, JAMES HOLLAND, DAVID H. BRADFORD NONE Richard Williams, City Clerk of the City, was present and kept the minutes of the meeting. David Bradford, Mayor of the City, presided at the meeting and declared that a quorum was present and that the meeting was convened and opened for the purposes of transaction of business. Upon motion duly made by Council Member Holland, seconded by Council Member Bradford unanimously adopted, the Council waived the reading of the minutes of the previously held meeting of July 7, 2003 and approved the minutes as written. At this time, Mayor Bradford presented a proclamation to Shoals Hospital for providing thirty five years of quality medical service to the citizens of Muscle Shoals and the surrounding areas. Mayor David Bradford announced that the next item of business was approval of a resolution to award a bid for police in-car video systems. Council Member Bradford thereupon introduced the following resolution and moved for its adoption which was presented in the meeting: RESOLUTION NO BE IT RESOLVED by the Council of the City of Muscle Shoals, Alabama, as follows: [1] That the Purchasing Agent did send out advertisements for bids for the purchase of

2 three, new, in-car video systems, the bid opening being set for the 15 th day of July, 2003, at the City Hall of the City of Muscle Shoals, Alabama. [2] At the appointed time and place, as specified above, the following bids were opened and tabulated as follows: BIDDER: UNIT PRICE TOTAL BID Alpha Controls, Inc. $3, $10, Decatur Electronics $3, $10, **Kustom Signals, Inc. $3, $ 9, MPH Industries, Inc. $3, $ 9, Mobile Vison, Inc. $3, $ 9, *Video Systems Plus $2, $ 8, *VIDEO SYSTEMS PLUS (Non-Responsible Bidder; Exceptions Below) $8, The VCR is mounted in the cabin of the vehicle. Trunk mount was required in bid separate cables are used in the harness. One cable was required in bid. 3. Monitor does not have vertical hold control. Was required in bid. 4. Black nylon best case is provided for microphone. Black leather case was required. 5. Single channel audio systems used to prevent interference. Wireless audio transmitter with digital frequency encoded signal required in bid. 6. Cannot program frequency in field. Required by bid. 7. Bidder does not have agreement with PATCO to market products **KUSTOM SIGNALS, INC. (Non-Responsible Bidder; Exceptions Below) $9, *(a) Has an integrated lens. Bid required a C-mount lens. (Waived by City) (b) Does not have an adjustment for brightness. Required in bid. (c) Frequencies programmed in factory. Field programming required by bid. (d) External record indicator is in front of camera housing. Bid required front grill of vehicle mount. The bid specified a camera capable of operating with all C-mount type lenses. After bids were received it has been determined that C-mount lenses are primarily no longer used as cameras have gotten smaller and the lenses are now integrated into the camera. All bidders submitted equipment with integrated lenses. [3] The apparent lowest, responsive, and responsible bid is that of Mobile Vision, Inc. with and a total bid price of $9, Mobile Vision, Inc. is now hereby awarded the bid for the purchase of three new, in-car video systems. Council Member Willis seconded the motion and upon said motion being put to a vote, all voted AYE. Voting NAY were none.

3 Mayor David Bradford announced that the next item of business was approval of a resolution to award a bid for fuel products. Council Member Willis thereupon introduced the following resolution and moved for its adoption which was presented in the meeting: RESOLUTION NUMBER BE IT RESOLVED, by the Council of the City of Muscle Shoals, Alabama as follows: [1] That the Purchasing Agent did send out advertisements for bids for the purchase of fuel products, the bid opening being set for the 21 st day of July, 2003, at the City Hall of the City of Muscle Shoals, Alabama. [2] At the appointed time and place, as specified above, the following bids were opened and tabulated as follows: BIDDER: UNLEADED GASOLINE: DIESEL: Per Gallon: Per Gallon: O Steen Oil Company $.978 $.957 Tatum Oil Inc. $.989 $.928 [3] The lowest, responsible, responsive bidder after verifying the bid with the specifications, has been determined as O Steen Oil Company with a bid price of $.978 per gallon for unleaded gasoline, and Tatum Oil Company with a bid price of $.928 per gallon for diesel fuel.. The apparent low and best bidders, O Steen Oil Company and Tatum Oil Company, are now awarded the bid for fuel products. Council Member Holland seconded the motion and upon said motion being put to a vote, all voted AYE. Voting NAY were none. Mayor Bradford announced that the next item of business was consideration of a resolution granting the abatement of non-educational sales and use taxes and property taxes to Consolidated Tool, Inc. and Cockburn Enterprises Inc. Council Member Holland thereupon introduced the following resolution which was presented in the meeting in writing: RESOLUTION NUMBER WHEREAS, Muscle Shoals City Council (the Granting Authority) has been requested to grant a tax abatement for Cockburn Enterprises, Inc. and Consolidated Tool, Inc. (the Company). Cockburn Enterprises, Inc. owns Consolidated Tool, Inc. Cockburn Enterprises, Inc. will make

4 the building purchases and Consolidated Tool, Inc. will make the equipment and machinery purchases. WHEREAS, the Company has announced plans for a major addition to their existing facility (the Project), located within the jurisdiction of the Granting Authority; and WHEREAS, pursuant to the Tax Incentive Reform Act of 1992 (Section 40-9B-1 et seq., Code of Alabama 1975) (the Act), the Company has requested from the Granting Authority an abatement of all state and local noneducational property taxes and all construction related transaction taxes, except those construction related transaction taxes levied for educational purposes or for capital improvements for education; and WHEREAS, the Company has requested that the abatement of state and local noneducational property taxes be extended for a period of ten (10) years, in accordance with the Act; and WHEREAS, the Granting Authority has considered the request of the Company and the completed applications, copies attached, filed with the Granting Authority by the Company in connection with its request; and WHEREAS, the Granting Authority has found the information contained in the Company s Combined Applications for Abatement of Taxes to be sufficient to permit the Granting Authority to make a reasonable cost/benefit analysis of the proposed project and to determine the economic benefits to the community; and WHEREAS, the Project will involve a capital investment of approximately $501,340 ($310,840 for the building for Cockburn Enterprises,Inc., $30,000 for equipment for Consolidated Tool, Inc.; and $160,500 for machinery for Consolidated Tool, Inc.); and WHEREAS, the Company is duly qualified to do business in the State of Alabama and has powers to enter into and to perform and observe the agreements and covenants on its part contained in the Tax Abatement Agreement; and WHEREAS, the Granting Authority represents and warrants to the Company that it has power under that constitution and laws of the State of Alabama (including particularly the provisions of the Act) to carry out provisions of the Tax Abatement Agreement; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Muscle Shoals, Alabama (the Granting Authority) as follows: Section 1. Approval is hereby given to the applications of the Company and abatement is hereby granted of all state and local noneducational property taxes and all construction related transaction taxes, except those construction related transaction taxes levied for educational purposes or for capital improvements for education, as the same may apply to the fullest extent permitted by the Act. The period of abatement for the noneducational property taxes shall extend for a period of ten (10) years measured as provided in Section 40-9B-3(h) of the Act. Section 2. The governing body of the Granting Authority is authorized to enter into a Tax Abatement Agreement with the Company to provide for the abatement granted in Section 1. Section 3. A certified copy of this Resolution, with the Applications and Tax Abatement Agreement, shall be forwarded to the Company to deliver to the appropriate local taxing authorities and to the Alabama Department of Revenue in accordance with the Act. Section 4. The governing body of the Granting Authority is authorized to take any and all actions necessary or desirable to accomplish the purpose of the foregoing of this Resolution.

5 Council Member Holland moved that unanimous consent be given for immediate consideration of and adoption of said resolution, which motion was seconded by Council Member Yarber and, upon said motion being put to a vote, a roll call was had and the vote was recorded as follows: Mayor Bradford announced the vote and declared that the motion for unanimous consent for immediate consideration had been approved. Council Member Holland then moved that the said resolution be finally adopted, which motion was seconded by Council Member Yarber, and, upon said motion being put to a vote, a roll call on final approval was had and the vote recorded as follows: Mayor Bradford announced that the next item of business was consideration of a resolution granting the abatement of non-educational sales and use taxes and property taxes to SCA Tissue North America LLC. Council Member Yarber thereupon introduced the following resolution which was presented in the meeting in writing: RESOLUTION NO RESOLUTION OF THE CITY OF MUSCLE SHOALS, ALABAMA APPROVING, RATIFYING AND CONSENTING TO THE TAX ABATEMENTS GRANTED TO SCA TISSUE NORTH AMERICA LLC WITH RESPECT TO A TRAINING SITE LOCATED WITHIN THE POLICE JURISDICTION OF THE CITY. WHEREAS, on October 30, 2002, The Colbert County Industrial Development Board (the "Board") granted SCA Tissue North America LLC (the "Company") the maximum allowable tax abatements under Alabama law for its proposed multi-phased industrial project to be located in the Barton Riverfront Industrial Park, Alabama (the "Projects") and within the geographical jurisdiction of the Board; WHEREAS, some of the equipment and materials to be acquired for the Projects will be initially utilized by the Company to train employees at temporary training sites located outside the Barton Riverfront Industrial Park, but within the jurisdiction of the Board; WHEREAS, one of the temporary training sites is located at 102 Maryland Street, Tuscumbia, Alabama (the "Training Site"), which is within the police jurisdiction of the City of Muscle Shoals (the "City"); WHEREAS, the Company estimates that it will acquire approximately $3,000,000 of

6 equipment for the temporary training facility at 102 Maryland Street, Tuscumbia, Alabama; WHEREAS, the abatements of state, county and municipal sales, use, property and mortgage and recording taxes granted the Company by the Board extend to all real and personal property acquired by the Company for the Projects and used at the temporary Training Site; and WHEREAS, the City desires to express it approval of the abatements of City sales, use and property taxes granted to the Company which the Company estimates totals approximately $5,625. NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of Muscle Shoals, Alabama as follows: 1. The City hereby formally approves, ratifies and consents to the maximum allowable abatements of state, county and City taxes granted to the Company on October 30, 2002, which abatement includes tax abatements for all property acquired by the Company for the Projects and used for training purposes at the Training Site located within the police jurisdiction of the City. 2. The Mayor, the City Clerk, and the members of the City Council of the City are hereby separately authorized and directed to take any and all actions that they may deem advisable in order to give effect to the intent of this resolution, and in connection therewith to perform in the name of the City such actions and to execute, deliver, seal, attest and accept such other ancillary documents and certificates as may be necessary or advisable, and all such actions taken are hereby ratified and confirmed as valid and binding on the City. 3. This resolution shall take effect immediately. Council Member Yarber moved that unanimous consent be given for immediate consideration of and adoption of said resolution, which motion was seconded by Council Member Noles and, upon said motion being put to a vote, a roll call was had and the vote was recorded as follows: Mayor Bradford announced the vote and declared that the motion for unanimous consent for immediate consideration had been approved. Council Member Yarber then moved that the said resolution be finally adopted, which motion was seconded by Council Member Noles, and, upon said motion being put to a vote, a roll call on final approval was had and the vote recorded as follows: Mayor Bradford announced that the next item of business was consideration of an ordinance to amend the requirements for exterior finishes on buildings in B-1, B-2, B-2A zones. Council Member Bradford presented the following ordinance in writing in the meeting and moved for unanimous consent of the Council to suspend the rules of procedure to allow for the immediate consideration of the following Ordinance:

7 ORDINANCE NO AN ORDINANCE AMENDING ORDINANCE NUMBER , ORDINANCE NUMBER AND ORDINANCE NUMBER ADOPTED BY THE CITY OF MUSCLE SHOALS, ALABAMA REGULATING THE CONSTRUCTION OF BUILDINGS WITHIN CERTAIN ZONES OF THE CITY OF MUSCLE SHOALS, ALABAMA BE IT ORDAINED by the Council of the City of Muscle Shoals, Alabama as follows: I. Ordinance Number of the City of Muscle Shoals, Alabama heretofore adopted by the Board of Commissioners of the City of Muscle Shoals, Alabama on December 19, 1989; Ordinance Number of the City of Muscle Shoals, Alabama heretofore adopted by the City Council of the City of Muscle Shoals, Alabama on June 1, 1998 and Ordinance Number of the City of Muscle Shoals, Alabama heretofore adopted by the City Council of the City of Muscle Shoals, Alabama on October 14, 2002 is hereby amended so that the said ordinance shall read in its entirety as follows: 1) That from and after the date hereof, all structures and buildings erected and constructed in B-1, B-2 and B-2-A zones of the City of Muscle Shoals, Alabama, as said terms may be described by the Zoning Ordinance of the City of Muscle Shoals, Alabama, shall be erected and constructed so that the portions of said structures and buildings have decorative masonry products, as hereinafter defined, on the front and sides of, or any portion of said structure or building that adjoins a public right-of-way and said decorative masonry products, as hereinafter defined, shall cover one hundred (100%) per cent of the nonglazed (area not covered by two-way glass through which parties may view) area of the front of said structure or building, and the sides thereof, or any portions of said structure of building which adjoin a public right-of-way. The types of decorative masonry products required herein shall be either one, or a combination, of the following materials: (a) Brick (b) Exterior Insulation Finish System (EIFS). EIFS is a synthetic stucco-cladding used on exterior walls in both commercial and residential construction. EIFS uses a stucco-like polymer-based outer coating containing a plastic resin which makes the coating softer and more flexible than traditional hard-coat stucco. EIFS is applied using an expanded polystyrene (EPS) insulation board resembling Styrofoam. (c) Stucco (d) Natural Stone (e) Split-faced Block (f) Ceramic Tile 2) That from and after the date hereof, all structures and buildings erected and constructed in B-1, B-2 and B-2-A zones of the City of Muscle Shoals, Alabama, as said terms may be described by the Zoning Ordinance of the City of Muscle Shoals, Alabama, shall provide for asphalt or concrete paving to connect the front of said structure or building with the street or thoroughfare upon which said structure or building faces, equivalent to the width of the front of said structure or building. 3) Notwithstanding the foregoing, any building or structure within the City shall be exempt from the provisions set forth herein upon the presentation of an architectural rendering and plans for the exterior of said building or structure prepared and submitted by a certified,

8 registered and professional architect and approved by the governing body of the City of Muscle Shoals, Alabama or its designee. II. The Ordinance, and its provisions, shall become effective upon publication or posting pursuant to law or as otherwise provided for by law. Council Member Yarber seconded the and upon said motion being put to a vote, a roll call was had and the vote was recorded as follows: Mayor Bradford announced the vote and declared that the motion for unanimous consent for immediate consideration had been approved. Council Member Bradford then moved that the said ordinance be finally adopted, which motion was seconded by Council Member Yarber, and, upon said motion being put to a vote, a roll call on final approval was had and the vote recorded as follows: Mayor Bradford announced that the ordinance had been approved. Mayor Bradford announced that the next item of business was consideration of a resolution authorizing the Mayor to file an application for Community Development Block Grant funds for a proposed expansion of the senior citizens center. Council Member Holland thereupon introduced the following resolution which was presented in the meeting in writing: RESOLUTION NO AUTHORIZING AND APPROVING APPLICATION FOR COMMUNITY ENHANCEMENT GRANT FUNDS THROUGH THE S CDBG PROGRAM WHEREAS, the City of Muscle Shoals has completed its application for Community Enhancement Funds through the State of Alabama s Community Development Block Grant Program, and WHEREAS, the City of Muscle Shoals concurs with objectives, needs and program activities proposed therein, and WHEREAS, priorities for proposed program activities adopted by the City of Muscle Shoals were determined in accordance with State and Federal guidelines and determinations on eligibility of activities, NOW, THEREFORE, BE IT RESOLVED By the Muscle Shoals City Council: 1. That said application shall be designated as the official application for the City of

9 Muscle Shoals to be submitted to the Alabama Department of Economic and Community Affairs upon its completion. 2. That the Mayor is duly authorized to sign said application for and act on behalf of the City of Muscle Shoals and is further authorized to execute all other documents required for application or disbursement of State of Alabama Community Development Block Grant Funds for the City of Muscle Shoals. Council Member Willis seconded the motion and upon said motion being put to a vote, all voted AYE. Voting NAY were none. Mayor Bradford announced that the next item of business was consideration of a resolution authorizing the City s matching cash contribution of $42,920 for a Community Development Block Grant for a proposed expansion of the senior citizens center. Council Member Willis thereupon introduced the following resolution which was presented in the meeting in writing: RESOLUTION NO Authorizing and Approving Local Matching Funds for FY2003 CDBG Community Enhancement WHEREAS, the City of Muscle Shoals is applying for 2003 Community Development Block Grant Enhancement funds from the State of Alabama for the purpose of providing renovation and expansion of the existing senior citizens center, NOW, THEREFORE, BE IT RESOLVED that the City of Muscle Shoals hereby commits $42,920 of cash contribution should the project be funded. Council Member Holland seconded the motion and upon said motion being put to a vote, all voted AYE. Voting NAY were none. There being no further business to come before the meeting, upon the motion duly made, seconded and unanimously carried, the meeting was adjourned. CITY OF MUSCLE SHOALS, ALABAMA a Municipal Corporation

10 MAYOR COUNCIL MEMBER - PLACE ONE COUNCIL MEMBER - PLACE TWO COUNCIL MEMBER - PLACE THREE COUNCIL MEMBER - PLACE FOUR ATTEST: COUNCIL MEMBER - PLACE FIVE CITY CLERK

MINUTES FROM A REGULAR MEETING OF THE COUNCIL OF MUSCLE SHOALS, ALABAMA, HELD April 7, 2003

MINUTES FROM A REGULAR MEETING OF THE COUNCIL OF MUSCLE SHOALS, ALABAMA, HELD April 7, 2003 The Council of Muscle Shoals, Alabama met at the Muscle Shoals City Hall in said City at 7:00 p.m. on the 7 th