The Columbiana City Council for the second time has taken no action to renew a business license for Benny Davis of Recycling Unlimited on Highway 25 in Columbiana.

Davis plans to keep operating, however.

The matter died due to lack of a motion at the council’s

Tuesday, March 4 meeting.

According to Mayor Tom Seale, Davis’ license expired on Dec. 31, 2002.

Seale confirmed that a failure to receive a motion means that no action to approve or disapprove the license was taken.

He also said, however, Davis does not have a license with the city of Columbiana.

The last time the matter appeared on the council’s agenda was Dec. 17, 2002, at which time the council also took no action.

At the time, Hilry King, director of Public Works for the city, was asked to contact the owner (Davis)

to &uot;let him know our concerns regarding compliance with our business license ordinance and any other applicable ordinance.&uot;

City Clerk Terry Collum also said at the time concerns about the license were specific council approval and noncompliance with other city ordinances.

When informed of the inaction by the council on Dec. 17, Davis said, &uot;I am doing what I was supposed to by law. The ball is in their court.&uot;

When contacted about the most recent lack of action by the council, Davis said, &uot;I consulted legal authority, bought a license from the county and notified (the city) by certified mail the money (for the city license) is in escrow whenever they are ready. I do not intend to stop operating.&uot;

Davis said he sent the letter to City Clerk Collum that it was received on Jan. 9 by a Kay Jamison.

According to information previously provided by Collum, Davis was first licensed in 1979 as Sub-Terra Rentals and Liquidators.

In 1980-81, she said the name of the business was changed to Scrap Bidders Unlimited.

In 1982, the name was reverted back to the original. She said that in 1985 the business name was changed to Recycling Unlimited.

Collum said she took the renewal question before the council (on Dec. 17) because the city ordinance ask for specific council approval and that she knew the council was working to get the place cleaned up and she wanted to make sure there were no other issues.

Collum also said then that the

lack of action by the council doesn’t mean the business license will be denied.

But she is &uot;waiting on word back from the council.&uot;