MINUTES FROM A REGULAR MEETING OF THE COUNCIL OF MUSCLE SHOALS, ALABAMA, HELD October 20, 2003

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1 MINUTES FROM A REGULAR MEETING OF THE COUNCIL OF MUSCLE SHOALS, ALABAMA, HELD October 20, 2003 The Council of Muscle Shoals, Alabama met at the Muscle Shoals City Hall in said City at 7:00 p.m. on the 20th day of October 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 Paul McDougle. 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 Noles and unanimously adopted, the Council waived the reading of the minutes of the previously held meeting of October 6, 2003 and approved the minutes as written. Mayor Bradford announced that the next item of business was approval of bids for the construction of sidewalks under the Alabama Department of Transportation Traffic Enhancement Grant program. Council Member Willis thereupon introduced the following resolution and moved for its adoption which was presented in the meeting: COLBERT COUNTY RESOLUTION NUMBER BE IT RESOLVED, by the Council of the City of Muscle Shoals, Alabama as follows: [1] That the City Engineer did send out advertisements for the construction of sidewalks in the Trojan Drive and Brown Street area, the bid opening being set for the 14th day of October, 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:

2 BIDDER: AMOUNT B. H. Craig Construction Co., Inc. $339, Parallax Building Systems 148, Shoals General Contractors 159, [3] The lowest, responsible, responsive bidder after verifying the bid with the specifications, has been determined to be Parallax Building Systems with a bid price of $148, The apparent low and best bidder, Parallax Building Systems is now awarded the bid for sidewalk construction. Council Member Bradford seconded the motion and upon said motion being put to a vote, all voted AYE. Voting NAY were none. Mayor Bradford announced that the resolution had been approved. Mayor Bradford announced that the next item of business was approval of bids for drainage improvements for Pond Creek Phase 5. Council Member Yarber thereupon introduced the following resolution and moved for its adoption which was presented in the meeting: COLBERT COUNTY RESOLUTION NUMBER BE IT RESOLVED, by the Council of the City of Muscle Shoals, Alabama as follows: [1] That the City Engineer did send out advertisements for the construction of storn Drainage improvements on Pond Creek Phase 5, the bid opening being set for the 14th day of October, 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: AMOUNT C & J Contracting $223, Eutaw Construction 491, Golden Construction 194, L. W. Fritts Construction Co., Inc. 239, Excelsior Construction Inc. 345, [3] The lowest, responsible, responsive bidder after verifying the bid with the specifications, has been determined to be Golden Construction with a bid price of $194, The apparent low and best bidder, Golden Construction is now awarded the bid for sidewalk construction.

3 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 resolution had been approved. Mayor Bradford announced that the next item of business was the scheduling of a public hearing to consider the issuance of a Restaurant Retail Liquor License to Penelope Smith dba Hideaway located at 3695A E. Second Street. Mayor Bradford announced that at a meeting to be held at the City Hall in said City at 7:00 p.m. on the 17th day of November, 2003 the Council will consider the approval of the issuance of the Restaurant Retail Liquor License to Penelope Smith, all persons who desire to do so shall have an opportunity of being heard in opposition to or in favor of the issuance of such license. Mayor Bradford announced that the next item of business was the scheduling of a public hearing to consider the issuance of a Retail Table Wine License (Off Premise Only) to D & D Oil Company dba Cowboys Food Mart located at 2525 Avalon Avenue. Mayor Bradford announced that at a meeting to be held at the City Hall in said City at 7:00 p.m. on the 17th day of November, 2003 the Council will consider the approval of the issuance of the Retail Table Wine license (off premise only) to D & D Oil Company, all persons who desire to do so shall have an opportunity of being heard in opposition to or in favor of the issuance of such license. Mayor Bradford announced that the next item of business was adoption of the fiscal year General Fund Budget. City Clerk Ricky Williams presented the following budget for Council consideration:

4 Council Member Holland moved that unanimous consent be given for immediate consideration of and adoption of said budget, 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: AYES: Council Member Bradford, Council Member Willis, Council Member Yarber Council Member Holland, Council Member Noles, Mayor Bradford NAYS: None 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 Noles, and, upon said motion being put to a vote, a roll call on final approval was had and the vote recorded as follows: AYES: Council Member Bradford, Council Member Willis, Council Member Yarber Council Member Holland, Council Member Noles, Mayor Bradford NAYS: None Mayor Bradford announced that the General Fund Budget was approved. Mayor Bradford announced that the next item of business was consideration of an ordinance authorizing the purchase of a 10' x 120' strip of land from John Schell at 908 E. Pasadena Avenue for drainage improvements. Council Member Bradford thereupon introduced the following ordinance which was presented in writing in the meeting: ORDINANCE NUMBER WHEREAS, the Council of the City of Muscle Shoals, Alabama has deemed it necessary to acquire certain property in order to facilitate the construction, maintenance and operation of a drainage easement for the collection, control and dispersal of surface drainage water; and WHEREAS, the Council has entered into negotiations with JOHN R. SCHELL for the purchase of certain property hereinafter described for use in the furtherance of the intended purpose hereinabove stated; and WHEREAS, the Council made an offer to purchase said property and the said JOHN R. SCHELL has accepted the offer of the City; BE IT HEREBY ORDAINED by the City Council of Muscle Shoals, Alabama as follows: 1. That the City of Muscle Shoals, Alabama acquire from JOHN R. SCHELL the following described parcel of real property, same being, lying and situated in the City of Muscle Shoals, Colbert County, Alabama, to wit: A part of the E ½ of Lot 1859, HIGHLAND PARK SUBDIVISION PLAT NO. 5, according to the map or plat of said subdivision as recorded in the Office of the Judge of Probate, Colbert County, Alabama, in Map Book 2, Page 59, and being more particularly described as follows, to-wit: Commence at an existing iron pin

5 (capped typical R. Collins, L.S ) at the SW corner of the E ½ of said Lot 1859; thence N 00 degrees 01' 26"W and along the westwardly line of the E ½ of said Lot 1859 for feet to an existing iron pin on the southwardly right of way of Pasadena Avenue (66 foot right of way) at the NW corner of said Lot 1859; thence S 88 degrees 55' 18" E and along said right of way 10 feet to an iron pin set (capped typical R. Collins, L.S ); thence leaving said right of way S 00 degrees 01' 26" E feet to an iron pin set on the southwardly line of said Lot 1859; thence N 88 degrees 55' 01" W and along said lot line 10 feet to the point of beginning. Said tract contains 0.03 acre, more or less and is subject to any easements of record or easements existing on site. 2. That the purchase price of said property shall be the sum of One Thousand Five Hundred and no/100 ($1,500.00) Dollars and the City of Muscle Shoals, Alabama shall, in exchange for a deed conveying good and sufficient merchantable title to said property unto the City, pay said sum unto JOHN R. SCHELL.. 3. That the Mayor of the City of Muscle Shoals, Alabama, Mr. David H. Bradford is hereby authorized to execute and deliver, same to be attested by Richard L. Williams, Clerk of the City, all documents and checks necessary to effectuate the acquisition of the property by the City. Council Member Bradford moved that unanimous consent be given for immediate consideration of and adoption of said ordinance, which motion was seconded by Council Member Willis and, upon said motion being put to a vote, a roll call was had and the vote was recorded as follows: AYES: Council Member Bradford, Council Member Willis, Council Member Yarber Council Member Holland, Council Member Noles, Mayor Bradford NAYS: None 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 Willis, and, upon said motion being put to a vote, a roll call on final approval was had and the vote recorded as follows: AYES: Council Member Bradford, Council Member Willis, Council Member Yarber Council Member Holland, Council Member Noles, Mayor Bradford NAYS: None Mayor Bradford announced that the ordinance had been approved. Mayor Bradford announced that the next item of business was consideration of a resolution approving an application seeking permission to incorporate the Health Care Authority of North Alabama. An application for incorporation of the health care authority was presented by the petitioners, a copy of which is hereinafter made a part of these minutes.

6 Council Member Yarber thereupon introduced the following resolution and moved for its adoption: COUNTY OF COLBERT TO: THE CITY COUNCIL OF THE CITY OF MUSCLE SHOALS, ALABAMA APPLICATION FOR THE INCORPORATION OF THE HEATH CARE AUTHORITY OF NORTH ALABAMA d/b/a HEALTHGROUP OF ALABAMA THE UNDERSIGNEDS, desiring to incorporate a health care authority pursuant to the provisions of Section , et seq., of the Code of Alabama, 1975, and being all of the proposed incorporators of The Health Care Authority of North Alabama d/b/a HealthGroup of Alabama, do hereby make, execute and file this Application with the City Council of the City of Muscle Shoals, Alabama, the governing body of said city, seeking permission to incorporate such authority, and respectfully state the following: 1. HealthGroup of Alabama, LLC is an existing organization consisting of health care authority hospitals from north Alabama. The hospitals consist of The Health Care Authority of the City of Huntsville d/b/a Huntsville Hospital; The Health Care Authority of Morgan County - City of Decatur d/b/a Decatur General Hospital; The Healthcare Authority of Athens - Limestone County d/b/a Athens-Limestone Hospital; The Marshall County Health Care Authority d/b/a Marshall Medical Center North and Marshall Medical Center South and The Health Care Authority of Lauderdale County and the City of Florence, Alabama d/b/a Coffee Health Group (hereinafter Authority Hospitals). The Authority Hospitals desire to create a new health care authority to further enable the Authority Hospitals to work together to improve the quality of health care while reducing the cost of providing the care to patients in the respective communities. 2. Attached hereto is a proposed form of a Certificate of Incorporation which is proposed to be used by the undersigned to incorporate such authority in the event such permission is granted. 3. The applicants are duly qualified electors of the City of Muscle Shoals, Alabama. NOW THEREFORE the undersigneds respectfully request that the City Council pass a resolution finding and determining as a matter of fact that it is wise, expedient, necessary or advisable that the Authority be formed, declaring that the City Council has reviewed the application, and approved the proposed form of the Certificate of Incorporation of the Authority, and authorizes the undersigned, as incorporators, to file such Certificate in the Office of the Judge of Probate of Colbert County, and otherwise to take such action as is necessary to form such Corporation. IN WITNESS WHEREOF, the undersigneds executed this Application on the 17 th day of October, S/ Ronald G. Pace Ronald G. Pace S/ Tom V. Whatley Tom V. Whatley S/ Roy F. Rudolph Roy F. Rudolph

7 COLBERT COUNTY RESOLUTION NUMBER A RESOLUTION APPROVING AN APPLICATION SEEKING PERMISSION TO INCORPORATE A HEALTH CARE AUTHORITY WHEREAS, THE CITY COUNCIL OF THE CITY OF MUSCLE SHOALS, ALABAMA (herein call the City Council ) FINDS AS FOLLOWS: Section 1. Findings. Three duly qualified persons (the Incorporators ) have filed with the Council an Application for the Incorporation of THE HEALTH CARE AUTHORITY OF NORTH ALABAMA, d/b/a HEALTHGROUP OF ALABAMA (herein called the Authority ) requesting authority to incorporate a Health Care Authority under the provisions of Article 11, Chapter 21 of Title 22 of the Code of Alabama, 1975, as amended (herein the Act ). Section 2. Form of Certificate of Incorporation. The Certificate of Incorporation proposed to be used in incorporating the Authority as aforesaid shall be in the form attached hereto as Exhibit A. Section 3. The Incorporators have requested that a proper resolution be adopted by the City Council declaring the Incorporators be permitted to incorporate the Authority as a health care authority as aforesaid, approving the proposed certificate of incorporation, and authorizing the Incorporators to proceed to sign, acknowledge and cause to be filed for record a certificate of incorporation for the Authority as a health care authority under the name The Health Care Authority of North Alabama, d/b/a HealthGroup of Alabama. NOW THEREFORE, BE IT RESOLVED by the City Council that said Application, which the Council has reviewed, is regular in all respects and complies with all requirements of the laws of Alabama under which the incorporators propose to incorporate; and that it is wise, expedient and necessary that the incorporators be permitted to incorporate a health care authority under said Article 11 and said Act No BE IT FURTHER RESOLVED, that permission is hereby granted to the Incorporators to incorporate as a health care authority under said Article 11 and said Act No , and the Incorporators shall be and hereby are authorized to proceed to sign and acknowledge a certificate of incorporation for the Authority as a health care authority under the name The Health Care Authority of North Alabama d/b/a HealthGroup of Alabama, and to cause such Certificate of Incorporation to be filed for record, all in the manner provided by the laws of Alabama under which the Authority proposes to incorporate as aforesaid.the form of Certificate of Incorporation attached to the aforesaid Application and set forth above is hereby approved by the Council.

8 Council Member Noles seconded the motion and upon said motion being put to a vote, all voted AYE. Voting NAY were none. Mayor Bradford announced that the resolution had been approved. Mayor Bradford announced that the next item of business was consideration of a resolution appointing members to the Recreation Board. Council Member Noles thereupon introduced the following resolution which was presented in the meeting in writing: COLBERT COUNTY RESOLUTION NUMBER WHEREAS, certain board positions on various boards within the City of Muscle Shoals have become vacant or the term of certain members have expired and the City Council being desirous of making the necessary appointments to said boards within the City; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Muscle Shoals, Alabama does hereby appoint the following named persons to serve as set forth herein: APPOINTEE BOARD EXPIRATION OF TERM Rita Nelson Recreation Board November, 2008 Jerry Knight Recreation Board November, 2008 Phil Oliver Recreation Board November, 2008 The Clerk is hereby directed to notify the above named persons of their appointment and to further notify the respective board of said appointment. 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 resolution had been approved.

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