MINUTES FROM A REGULAR MEETING OF THE COUNCIL OF MUSCLE SHOALS, ALABAMA, HELD August 18, 2003

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1 MINUTES FROM A REGULAR MEETING OF THE COUNCIL OF MUSCLE SHOALS, ALABAMA, HELD August 18, 2003 The Council of Muscle Shoals, Alabama met at the Muscle Shoals City Hall in said City at 7:00 p.m. on the 18 th day of August 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 Jimmy Jumper. 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 unanimously adopted, the Council waived the reading of the minutes of the previously held meeting of August 4, 2003 and approved the minutes as written. Mayor Bradford announced that the next item of business was comments from the public. J. B. Meadows, 3910 Wilson Dam Road, sought recognition and addressed the Council during the period of public comments. Coach Toby Greene, 3009 Tanner Avenue, sought recognition and addressed the Council during the period of public comments. Mayor David Bradford announced that the next item of business was approval 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 13th day of August, 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: GASOLINE: Per Gallon: O Steen Oil Company $1.057 Tatum Oil Inc. $ [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 $1.057 per gallon for gasoline. The apparent low and best bidder, O Steen Oil Company is now awarded the bid for gasoline. Council Member Yarber 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 David Bradford announced that the next item of business was the scheduling of a public hearing to consider the adoption of an Ordinance to amend the Zoning Ordinance and Zoning Map of the City of Muscle Shoals, Alabama. Mayor Bradford announced that at a meeting to be held at the City Hall in said City at 7:00 p.m. on the 2 nd day of September 2003, the Council will consider the adoption of an Ordinance to amend the Zoning Ordinance and Zoning Map of said City, the proposed Ordinance being as follows: ORDINANCE NO. AN ORDINANCE TO AMEND THE ZONING ORDINANCE AND THE ZONING MAP OF THE CITY OF MUSCLE SHOALS, ALABAMA Be it ordained by the Council of the City of Muscle Shoals, Alabama, that the Zoning Ordinance and the Zoning Map of the City of Muscle Shoals, are hereby amended as follows: That the following described areas are hereby eliminated from the R-3 District in which it is now situated, and is hereby incorporated in and made a part of the B-1 District, to wit: LOTS 185 & 186 HIGHLAND PARK #1 80' X 120' PARCEL ID: At said time and place, all persons who desire to do so shall have an opportunity of being heard in opposition to or in favor of the adoption of such Ordinance.

3 Mayor Bradford announced that the next item of business was the rescheduling of a public hearing to consider the adoption of an Ordinance to amend the Zoning Ordinance and Zoning Map of the City of Muscle Shoals, Alabama. Mayor Bradford announced that at a meeting to be held at the City Hall in said City at 7:00 p.m. on the 2nd day of September 2003, the Council will consider the adoption of an Ordinance to amend the Zoning Ordinance and Zoning Map of said City, the proposed Ordinance being as follows: ORDINANCE NO. AN ORDINANCE TO AMEND THE ZONING ORDINANCE AND THE ZONING MAP OF THE CITY OF MUSCLE SHOALS, ALABAMA Be it ordained by the Council of the City of Muscle Shoals, Alabama, that the Zoning Ordinance and the Zoning Map of the City of Muscle Shoals, are hereby amended as follows: That the following described areas are hereby eliminated from the R-3 District in which it is now situated, and is hereby incorporated in and made a part of the M-1 District, to wit: 2 ACRES IN PT E 1/2 OF SW 1/4 OF NE 1/4 Begin at the southeast point of the right-of-way of Amos Drive & Washington Blvd run south for a distance of 1040 feet, thence run west for a distance of 105 feet, thence run north for a distance of 1040 feet, thence run east a distance of 105 feet. COLBERT COUNTY, PARCEL ID: At said time and place, all persons who desire to do so shall have an opportunity of being heard in opposition to or in favor of the adoption of such Ordinance. Mayor Bradford announced that the next item of business was the scheduling of a public hearing to consider the issuance of a Lounge Retail Liquor License to Billy Gene Stewart dba Bolla s Pizzaria & Lounge to be located at 3695A 2 nd 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 15th day of September, 2003 the Council will consider the approval of the issuance of the Lounge Retail Liquor License to Billy Gene Stewart dba Bolla s Pizzaria & Lounge, 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 (On or off premise) License to Chen Hui Zheng dba Harvest Buffet located at 604 Michigan 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 15th day of September, 2003 the Council will consider the approval of the issuance of the Retail Table Wine (On or off premise) License to Chen Hui Zheng dba Harvest Buffet, 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.

4 Mayor Bradford announced that the next item of business was consideration of amendments to the General Fund Budget. Council Member Willis introduced the following amendments to the budget in writing: Revenues: Account # Account Title Original Budget Amendment Revised Budget Transfer from ½ Cent Fd $ 0 $15, $ 15, Total additional revenue $15, Expenditures: 62020/102 Street Department Overtime $ 9, , , /102 Storm Drainage Overtime 1, , /148 Storm Drainage Retention Ponds 29, (1,750.00) 28, /331 Storm Drainage Capital Outlay , , /102 Sanitation Department Overtime 8, , , /141 Library Buildings & Grounds 9, ( ) 8, /310 Special Events CityFest , , Total additional expenditures $25, Change to Revenues over Expenditures ( $10,000.00) Prior Projected Revenue over Expenditures $11, Net Projected Revenue over Expenditures $ 1, ======= Council Member Willis moved that unanimous consent be given for immediate consideration of and adoption of said amended 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 Mayor Bradford announced the vote and declared that the motion for unanimous consent for immediate consideration had been approved. Council Member Willis then moved that the said amended budget 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 Mayor Bradford announced that the amended General Fund Budget had been approved.

5 Mayor Bradford announced that the next item of business was consideration of a resolution establishing the Christmas Parade Account within the General Fund. Council Member Noles thereupon introduced the following resolution and moved for its adoption which was presented in the meeting: STATE OF ALABAMA COLBERT COUNTY RESOLUTION NUMBER A RESOLUTION CREATING AND PROVIDING FOR A CHRISTMAS PARADE ACCOUNT AND TO PROVIDE FOR THE ACCEPTANCE OF DONATIONS TO THE ACCOUNT FOR THE PURPOSE OF FUNDING THE ANNUAL CHRISTMAS PARADE AND ACTIVITIES TO BE HELD IN CONJUNCTION WITH THE ANNUAL COMMUNITY CHRISTMAS TREE LIGHTING IN THE CITY OF MUSCLE SHOALS, ALABAMA WHEREAS, the City Council of the City of Muscle Shoals is desirous of creating and providing a Christmas Parade in conjunction with the annual Christmas Tree Lighting; and WHEREAS, the Council feels that it is necessary and proper to create a checking account within the General Fund to accept donations for the costs associated with a Christmas Parade and related activities, and THEREFORE, BE IT RESOLVED by the City Council of the City of Muscle Shoals, Alabama that a separate and distinct account be created and shall be known as the Christmas Parade Account and the City Clerk, or his designee, is hereby authorized to accept and account for donations to said account. BE IT FURTHER RESOLVED that the City Council does hereby authorize and direct that all proceeds collected in said account shall be used for the purposes of organizing, conducting and providing for a Christmas Parade in December 2003 and activities related thereto, including but not limited to award certificates trophies or cash prizes. BE IT FURTHER RESOLVED by the Council that all funds remaining in said Christmas Parade account after the payment of all necessary expenses shall be and remain in said fund from year to year for the purposes set forth herein and for payment of future expenses of subsequent Christmas Parades and activities. BE IT FURTHER RESOLVED by the Council that the Mayor of the City, for and on behalf of the City of Muscle Shoals, is hereby authorized to enter into and execute all necessary and required documents, agreements and authorizations to effectuate the terms, conditions and purposes of this Resolution. Council Member Bradford seconded the motion and upon said question 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 making an appointment to the Shoals Economic Development Authority Board. Council Member Yarber thereupon introduced the following resolution which was presented in the meeting in writing and moved for its adoption:

6 STATE OF ALABAMA 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 person to serve as set forth herein: APPOINTEE BOARD EXPIRATION OF TERM Douglas Ruggles Shoals Economic Development Authority September 2006 The Clerk is hereby directed to notify the above named persons of their appointment and to further notify the respective boards of said appointment. Council Member Willis seconded the motion 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 Mayor Bradford announced that the resolution had been approved. Mayor Bradford announced that the next item of business was the appointment of a City Prosecutor. Council Member Holland moved for the appointment of Rebecca Pace as City Prosecutor. Council Member Yarber seconded the motion and, upon said motion being put to a vote, a roll call was had and the vote was recorded as follows: AYES for Pace: Council Member Bradford, Council Member Willis, Council Member Yarber, Council Member Holland, Council Member Noles, Mayor Bradford Mayor Bradford announced that the motion for appointment had been approved. Mayor Bradford announced that the next item of business was the rescheduling of the next regular meeting scheduled for September 1 st, Labor Day. Council Member Yarber moved to reschedule the meeting to Tuesday, September 2, 2003 at 7:00 p.m. Council Member Bradford seconded the motion, and upon said question being put to a vote, all voted AYE. Voting NAY were none. Mayor Bradford announced that the motion had been approved.

7 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

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