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

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1 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 day of April 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 Brian Culbreath, Pastor of Word Alive Church. 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. At this time, Mayor Bradford presented a Certificate of Appreciation received by the city from the Shoals National Championship Committee. At this time, Mayor Bradford presented a Certificate of Recognition received by the city from the Department of Defense commemorating the 50 th anniversary of the Korean War. Upon motion duly made by Council Member Holland, seconded by Council Member Noles unanimously adopted, the Council waived the reading of the minutes of the previously held meeting of March 17, 2003 and approved the minutes as written. Mayor David Bradford announced that the next item of business was consideration of a resolution to award a bid for gasoline. Council Member Bradford thereupon introduced the following resolution and moved for its adoption which was presented in the meeting:

2 STATE OF ALABAMA COLBERT COUNTY 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 7th day of April, 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: Per Gallon: O Steen Oil Company $.975 Tatum Oil Inc. $.9190 [3] The lowest, responsible, responsive bidder after verifying the bid with the specifications, has been determined as Tatum Oil Inc. with a bid price of $.9190 per gallon for unleaded gasoline. The apparent low and best bidder, Tatum Oil Inc., is now awarded the bid for unleaded gasoline. 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. Mayor Bradford announced that the next item of business was a public hearing to consider the issuance of a Restaurant Retail Liquor license to Momon Inc. dba Thunder Road Café & Lounge located at 701 W. Avalon Avenue. Mayor Bradford noted that proper notice of the date, time and place of said hearing had been given and that the matter was before the Council. Mayor Bradford stated that the Council would hear from those persons in support of the issuance of the license as well as those opposed. Peggy Herring, petitioner, reviewed the menu offerings and planned hours of operation. She stated plans were to close at midnight on Friday and Saturday nights. Upon a request from Council Member Bradford, Ms. Herring indicated she was willing to restrict window or exterior signage advertising alcoholic beverages. Tommy Bee, 413 Park Avenue, spoke on behalf of several individuals in attendance from South Highland Freewill Baptist Church located at 704 State Street. He indicated their opposition to the license application because of opposition to the sale of alcohol, proximity to the church, and concerns with parking and traffic congestion. There being no one else to speak, Mayor Bradford stated that approval of the license application was before the Council. All those in favor of the application would indicate so by voting aye and those opposed would indicate by voting nay. Upon said question being put to a vote, a roll call was had and the vote recorded as follows:

3 AYES: Council Member Bradford, Council Member Yarber, Council Member Holland, Council Member Noles, Mayor Bradford NAYES: Council Member Willis Mayor Bradford thereupon announced that the vote was passed to approve the license application. Mayor Bradford announced that the next item of business was a public hearing to consider the issuance of a Restaurant Retail Liquor license to Billy Gene Stewart dba Geno s Bar & Grill located at 3695A 2 nd Street. Mayor Bradford noted that proper notice of the date, time and place of said hearing had been given and that the matter was before the Council. Mayor Bradford stated that the Council would hear from those persons in support of the issuance of the license as well as those opposed. Billy Gene Stewart, petitioner, spoke for approval of the application. There being no one else wishing to speak, Mayor Bradford stated that approval of the license application was before the Council. All those in favor of the application would indicate so by voting aye and those opposed would indicate by voting nay. Upon said question being put to a vote, a roll call 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 thereupon announced that the vote was unanimously passed to approve the license application. Mayor Bradford announced that the next item of business was consideration of an ordinance declaring real property as no longer needed for municipal purposes and authorizing its sale. Council Member Yarber introduced the following ordinance in writing which was presented in the meeting: ORDINANCE NUMBER WHEREAS, the Council of the City of Muscle Shoals, Alabama obtained by quitclaim deed the real property hereinafter described from Donald A. Holmes, said deed being filed for record in Fiche at page 226 in the Office of the Judge of Probate of Colbert County, Alabama; and WHEREAS, the property was conveyed to the City at the request of the grantee named in the said deed and in order that he no longer be responsible for the maintenance and upkeep of said property under the City s weed abatement ordinance; and WHEREAS, the Council has determined that the property is not suitable for, nor needed for, any public or municipal purposes, and

4 WHEREAS, an offer to purchase the property that is not used and not needed for public or municipal purposes by J&R, Inc. and the City has entered into negotiations with J&R, Inc. for the conveyance of the said property and that the City is desirous of accepting the offer of J&R, Inc. for the conveyance of said property hereinafter; and that it is in the best interests of the City to do so; BE IT HEREBY ORDAINED by the City Council of Muscle Shoals, Alabama as follows: 1. That the City of Muscle Shoals, Alabama convey by quitclaim deed unto J&R, Inc., all of its interest in and to the following described parcel of real property, same being, lying and situated in the City of Muscle Shoals, Colbert County, Alabama, to wit: Lot Numbered 329, known and designated according to the map and survey of BARRY S BUSINESS CENTRE BLOCK C, according to the map and survey filed for record in the Office of the Judge of Probate of Colbert County, Alabama, in Map Book 2, Page That the purchase price of said property shall be the sum of Two Hundred Fifty and no/100 ($250.00) Dollars and the City of Muscle Shoals, Alabama shall, in exchange for said consideration, execute and deliver a quitclaim deed conveying all its interest in and to said property unto J&R, Inc. 3. Furthermore, as additional consideration, all costs of preparation of the documents necessary to effectuate the conveyance of the property from the City unto J&R, Inc. shall be borne by J&R, Inc. 4. 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, the quitclaim deed of the City and all other documents necessary to effectuate the conveyance of the property from the City unto J&R, Inc. Council Member Yarber moved that unanimous consent be given for immediate consideration of and adoption of said ordinance, which motion was seconded by Council Member Bradford 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 Yarber then moved that the said Ordinance be finally adopted, which motion was seconded by Council Member Bradford, 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 The Mayor thereupon declared said motion carried and the ordinance passed and adopted as introduced and read.

5 Mayor Bradford announced that the next item of business was consideration of a resolution to authorize the Mayor to execute an agreement with the Alabama Department of Transportation relating to a Transportation Enhancement Project for sidewalks. Council Member Noles thereupon introduced the following resolution which was presented in the meeting and moved for its adoption: STATE OF ALABAMA COLBERT COUNTY RESOLUTION NUMBER BE IT RESOLVED, by the City of Muscle Shoals as follows: 1. That the City enter into an agreement with the State of Alabama, acting by and through the Alabama Department of Transportation relating to a Transportation Enhancement project with partial funding by the Federal Highway Administration, which agreement is before this Council; 2. That the agreement be executed in the name of the City, for and on behalf of the City, by it s Mayor. 3. That it be attested by the Clerk and the seal of the City affixed thereto. BE IT FURTHER RESOLVED, that upon the completion of the execution of the agreement by all parties, that a copy of such agreement be kept on file by the City Council. 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.

6 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