Mobile Government

CITY COUNCIL MEETINGS: Minutes and Agendas


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The City Council meets every Tuesday


9:00 a.m. - Pre Council Meeting in the Council Conference Room on the 9th Floor of the South Tower in Government Plaza.

10:30 a.m. - The Council Meeting begins in Government Plaza Auditorium on the First Floor.


Council minutes for Jan 19, 2016

MUNICIPAL BUILDING, MOBILE, ALABAMA, JANUARY 19, 2016

The Council of the City of Mobile, Alabama, met in the Pre-Council Conference Room of the Mobile Government Plaza on Tuesday, January 19, 2016, at 9:00 a.m.

Present:
Chair: Gregory
Councilmembers: Richardson, Manzie, Small, Williams, Daves, Rich
Absent:

The meeting was called to order. The Council reviewed and discussed the agenda for their meeting to be held today at 10:30 a.m.

The Presiding Officer adjourned the meeting.

Approved: February 2, 2016

_______________________________
PRESIDENT OF THE COUNCIL

_______________________________
CITY CLERK


MUNICIPAL BUILDING, MOBILE, ALABAMA, JANUARY 19, 2016

The Council of the City of Mobile, Alabama, met in the Auditorium of the Mobile Government Plaza on Tuesday, January 19, 2016, at 10:30 a.m., in regular meeting.

The meeting was called to order by City Clerk Lisa C. Lambert.

Mrs. Dorothea Graddy, Christian Education Director, Friendship Baptist Church, offered an invocation.

The Presiding Officer led the Pledge of Allegiance.

Present on Roll Call:

Chair: Gregory
Councilmembers: Richardson, Manzie, Small, Williams, Daves, Rich
Absent: None

STATEMENT OF RULES BY COUNCIL PRESIDENT:

The Presiding Officer stated that all cell phones must be turned off and dispensed with the reading of the following Rules concerning communications with the City Council, with the exception of #1, #2 and #4:

1) Any person desiring to address the Council must register upon entering the meeting area. When addressing the Council, the speaker must state his/her name and address.

2) Each speaker is allowed five minutes to address the Council. A bell will sound to indicate the end of 4 minutes. One minute is allowed for summarizing. The second bell indicates the time has expired.

3) To maintain decorum, there will be no undue applause and/or public outcry allowed.

4) When addressing the Council, there is to be no personal address to any individual Councilmember. All statements are to be made to the Chair who will recognize any Councilmember who wishes to respond.

5) Any person desiring to speak to the Council on a non-agenda item must contact the City Clerk's Office no later than 2:00 p.m. on the Thursday prior to the Council Meeting. The subject he/she wishes to address must be identified. Any person attending the meeting who has not given proper notice to the Clerk's Office and wishes to speak on a non-agenda item will not be allowed to address the Council.

6) Those persons desiring to speak on agenda items must indicate the resolution, ordinance, appeal, or public hearing item on arrival when signing in for the meeting.

APPROVAL OF MINUTES:

The minutes of the meeting of January 5, 2016, were approved as submitted.

COMMUNICATIONS FROM THE MAYOR:

Chief of Staff Colby Cooper advised that Mayor Stimpson was in Washington, D. C.

ADOPTION OF THE AGENDA:

Councilmember Richardson moved for the adoption of the agenda, which motion was seconded by Councilmember Small, and the vote was as follows:

Ayes: Richardson, Manzie, Small, Williams, Daves, Rich, Gregory
Nays: None

The vote was then announced by the City Clerk, whereupon the Presiding Officer declared the agenda adopted.

APPEALS:

The Presiding Officer announced that today was the day for the appeal of Sivaporn Nimityongskull of the Planning Commission’s denial of applications for planning approval and planned unit development to allow a meditation center in an R-1, Single-Family Residential District (2354 and 2410 Eloong Drive) (District 3) and asked if anyone was present to speak for or against the appeal.

John Lawler, 804 Commerce Building, attorney for Ms. Nimityongskul, explained that Ms. Nimityongskul went to the Land Use Department to find out if they could use the R-1 zoned property for a meditation center. However, this was a use that was not listed in the chart of permitted uses. The zoning ordinance states if a use is not specifically listed in the chart, the Director of Land Use shall make a determination of the district or districts in which the use may be permitted based upon the similarity in nature and character. The Urban Development Department determined that the use would be similar to a religious facility which is allowed in an R-1 zone with planning approval. A subsequent meeting was arranged with the engineer for the appellant and department heads to go over the requirements that needed to be met in order to proceed.

The following people spoke in support of the meditation center:

Frank Dagley, Engineer, 717 Executive Park
William Youngblood, Realtor, Pinebrook Shopping Center
Kent Welsh, 6681 Sugar Creek Drive
Ven Bundit Punyapo, 4522 Tilly Mill, Atlanta, Georgia
Wilborn Jones, 1779 Princeton Wood Drive East
Craig Lindsey, 706 Monroe Street
Sivaporn Nimityongskull, 2410 Eloong Drive
Brian Lee, 300 Trent Mill Court

Doug Anderson, Planning Commission Attorney, said that the Planning staff never assures any property owner that their use will be allowed. The application came to the Planning Commission for planning approval as a religious meditation center. He reminded the Council that the review for planning examines the applicant’s location and site plan with regards to transportation, parking and access, public utilities and facilities, traffic congestion and hazard and determines if the proposal is in harmony with the orderly and appropriate development of the district. The matter came before the Planning Commission on October 15, 2015, and was recommended for holdover because the plan was lacking some details. At that point, there was some concern whether or not this was a religious group. Mr. Anderson requested from Mr. Youngblood, the representative of the applicant, written documentation that it was a religious facility. The applicant submitted a 2006 letter from the IRS which approved them as a non-profit, 501-C3 entity. The charity status was stated as a 509-A2, not-for-religious purposes. It then came before the Planning Commission again on December 3, 2015. The Planning Commission determined the plan was not in harmony with the surrounding district. The original plan included plans for two-four bedroom dormitories, a separate restroom facility and a meditation center. The amended plan omitted one of the dormitories. The attorney for the neighbors, Mr. Graham, presented to the Planning Commission various documents stating the group is not a religious organization. Mr. Anderson said even if the Meditation Center is a religious organization, the Planning Commission still has the duty to decide if the use is in harmony with the surrounding district.

The following people spoke in opposition to the meditation center:

Duane Graham, attorney for the surrounding neighbors, 63 S. Royal Street
Clark Kelly, 2466 Eloong Drive
Tamela Esham, 2354 Park Place
Angela Rangel, 2351 Park Place

Councilmember Small submitted for the record photographs of the street showing the width of the street. He stated that the subdivision regulations require a minimum width of 26 feet of paved area for a public street and 22 feet for private streets. He said that from Riverside Drive down Eloong Drive, the width measurement is 16.4 feet. He added that the Traffic Engineering performed a traffic count of Eloong Drive, and the weekday average was 6 cars per peak daytime hours.

Councilmember Bess Rich stated for the record: “I’m sensitive to citizen concerns regarding appropriateness of this facility in a residential location…similar to the same concerns the residents impacted by the East Drive mosque expansion had about parking, drainage, and traffic safety last year on a substandard road. If you recall, the Planning staff and Planning Commission initially denied the mosque application due to zoning issues of not enough parking and traffic. But in the end, the mosque expansion approval on its second application had nothing to do with zoning issues. All discussions regarding appropriateness of zoning stopped in the Planning Commission and in the Council Chamber when the threat of a Justice Department discrimination suit was floated. We all saw the letter from the local Justice Department proclaiming that a complaint had been filed by then mosque attorney Doug Anderson and an investigation was imminent. Do you remember when I was advised not to speak before the Planning Commission for fear of a personal law suit by the Justice Department? Do you remember when the residents asked for a delay to discuss with the mosque leaders zoning concerns but the City Attorney urged the mosque leader not to delay since there were enough votes to pass the issue? Again, traffic safety, drainage and parking on a small footprint were arguments that opponents to the mosque expansion raised but were trumped by the threat of a religious discrimination suit. I can only draw a similar parallel to the meditation center site. The meditation center applicant has stated it will be used as a religious site. The road, drainage, and utility access to the meditation site may be valid zoning concerns similar to the parking and traffic concerns of the mosque site but the Planning Commission and this Council established a precedent by not considering zoning as criteria to approve the application of the mosque. The fear of religious discrimination and the threat of a Justice Department lawsuit were the sole reasons the mosque expansion was approved. How can this city allow one religion an expansion and stop another religion? If the attorneys representing the Planning Commission and City can explain to me today why a threat of a Justice Department suit would be different for mosque expansion compared to a Buddhist Temple worship building then please come forth. Although I am sympathetic to the zoning concerns that have been raised, I personally don’t see a difference regarding the religious use of the sites and why their application should be treated differently. They are both recognized religious entities and should be treated equally by our city. If a Justice Department complaint is filed, will the residents lose their voice on their next application? The time to react is now. I recommend that we hold this over so that we can sit down with the applicant to discuss the fact that it is a religious facility and there are rules and regulations that Land Use must follow. But we should never lose sight of the fact that there are still good zoning codes on the books that can make an impact mediated. The treatment of this residential classification was treated totally different for the same exact facility—different religious practice when the second application came through.”

Councilmember Williams moved that the appeal be denied, which motion was seconded by Councilmember Manzie, and the vote was as follows:

Ayes: Richardson, Manzie, Small, Williams, Daves, Gregory
Nays: None
Abstentions: Rich

The vote was then announced by the City Clerk, whereupon the Presiding Officer declared the appeal denied.

The Council considered the request of Tarshia McGinney, Armed With Force Ministries, for a waiver of the Noise Ordinance at 6552 Zeigler Boulevard on January 29, 30 and 31, 2016, from 7:00 p.m. until 10:00 p.m. (District 7).

There being no objections, Councilmember Gregory moved that the waiver be granted, which motion was seconded by Councilmember Rich, and the vote was as follows:

Ayes: Richardson, Manzie, Small, Williams, Daves, Rich, Gregory
Nays: None

The vote was then announced by the City Clerk, whereupon the Presiding Officer declared the waiver granted.

PUBLIC HEARINGS:

PUBLIC HEARING TO REZONE PROPERTY AT 3709 DEMETROPOLIS ROAD (NORTHEAST CORNER OF DEMETROPOLIS ROAD AND HALLS MILL ROAD) FROM B-5 TO B-2 TO ALLOW A LIQUOR STORE. The Presiding Officer announced that today was the day for the public hearing to rezone property at 3709 Demetropolis Road (northeast corner of Demetropolis Road and Halls Mill Road) from B-5 to B-2 and asked if there was anyone present to speak for or against this matter. Donna Rock of Arlington Properties which manages Woodside Apartments at 5089 Government Boulevard spoke in opposition to the rezoning.

The Presiding Officer declared the hearing concluded and that the necessary ordinance authorizing the proper action would be introduced later in the meeting.

PUBLIC HEARING TO REZONE PROPERTY AT 5601 and 5611 MOFFETT ROAD (NORTHWEST CORNER OF MOFFETT ROAD AND HOWELLS FERRY ROAD) FROM B-2 AND B-3 TO B-3 TO ELIMINATE SPLIT ZONING. The Presiding Officer announced that today was the day for the public hearing to rezone property at 5601 and 5611 Moffett Road (northwest corner of Moffett Road and Howells Ferry Road) from B-2 and B-3 to B-3 and asked if there was anyone present to speak for or against this matter. Dhivy Sathianathan, 1055 Kathleen Road, Lakeland, Florida, spoke in favor of the rezoning.

The Presiding Officer declared the hearing concluded and that the necessary ordinance authorizing the proper action would be introduced later in the meeting.

PRESENTATION OF PETITIONS AND OTHER COMMUNICATIONS TO THE COUNCIL:

None.

RESOLUTIONS HELD OVER:

DECLARE THE STRUCTURE AT 2124 FELIX STREET A PUBLIC NUISANCE AND ORDER IT REPAIRED OR DEMOLISHED. The following resolution which was introduced and read at the regular meeting of Tuesday, November 24, 2015, and laid over until the regular meeting of Tuesday, January 19, 2016, was called up by the Presiding Officer.

RESOLUTION 40-761-2015

Sponsored by: Councilmember Richardson and Mayor Stimpson

WHEREAS, under the provisions of Ordinance No. 11-085, adopted November 26, 2002, the structure at 2124 Felix Street has been found by the Building Official of the City of Mobile to be unsafe to the extent that it is a public nuisance; and

WHEREAS, the Mobile City Council has held a public hearing to determine whether said structure constitutes a public nuisance;

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MOBILE, that the structure at 2124 Felix Street described as:

LOT 25 BLK 1 WHITES ADD TO JACKSONVILLE MBK 3 P 383 #SEC 42 T4S R1W #MP29 07 42 0004

Parcel # 02-29-07-42-00-04-075.

Last Assessed to: Robert & 0llie Lee Hollins
2124 Felix Street
Mobile, AL 36617

is found and determined by the Mobile City Council to be unsafe to the extent that it is a public nuisance, and it is hereby ordered that said structure be repaired or demolished in accordance with the terms of said Ordinance No. 11-085.

BE IT FURTHER RESOLVED the City Clerk of the City shall mail a certified copy of this resolution by registered or certified mail to the interested persons listed above, and a certified copy of this resolution shall be published in the manner and as prescribed for the publication of municipal ordinances, and a certified copy of this resolution shall also be filed in the Office of the Judge of Probate of Mobile County, Alabama.

The resolution was read by the City Clerk; whereupon Councilmember Richardson moved that the resolution be adopted, which was seconded by Councilmember Manzie, and the vote was as follows:

Ayes: Richardson, Manzie, Small, Williams, Daves, Rich and Gregory
Nays: None

The vote was then announced by the City Clerk, whereupon the Presiding Officer declared the resolution adopted.

AUTHORIZE AGREEMENT WITH MOBILE COUNTY FOR THE DONATION OF FIVE BRONZE STATUES FOR USE AT MARDI GRAS PARK. The following resolution which was introduced and read at the regular meeting of Tuesday, January 12, 2016, and laid over until the regular meeting of Tuesday, January 19, 2016, was called up by the Presiding Officer.

RESOLUTION 01-040-2016

Sponsored by: Councilmember Manzie and Mayor Stimpson

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MOBILE, ALABAMA, that the Mayor and the City Clerk be, and they hereby are, authorized and directed to executed and attest, respectively, for and on behalf of the City of Mobile, the Agreement between Mobile County, Alabama and the City of Mobile, Alabama, for Mobile County's donation of five (5) bronze statues representative of the area's Native American, French, English, Spanish and American history to the City of Mobile to restore and maintain the statues and display them at Mardi Gras Park, as outlined in the Agreement attached hereto and made a part hereof as though set forth in full. A copy of said Agreement is on file in the office of the City Clerk.

The resolution was read by the City Clerk; whereupon Councilmember Manzie moved that the resolution be adopted, which was seconded by Councilmember Rich, and the vote was as follows:

Ayes: Richardson, Manzie, Small, Williams, Daves, Rich and Gregory
Nays: None

The vote was then announced by the City Clerk, whereupon the Presiding Officer declared the resolution adopted.

REALLOCATE $1,651,230.34 FROM MUNICIPAL GOVERNMENT CAPITAL IMPROVEMENTS FUNDS (FUND 580) TO VARIOUS CAPITAL IMPROVEMENT PROJECTS (DEBT SERVICE REGIONAL COMMUNITY & SENIOR CENTER, $392,938.00; PUBLIC BUILDINGS REPAIRS, $308,292.34; MECHANICAL SYSTEMS, $250,000.00; BUILDING & GROUNDS ALLOWANCE, $300,000.00; BUILDING & GROUNDS ALLOWANCE, $300,000.00; AND CITYWIDE ROOF REPAIRS, $400,000.00). The following resolution which was introduced and read at the regular meeting of Tuesday, January 12, 2016, and laid over until the regular meeting of Tuesday, January 19, 2016, was called up by the Presiding Officer.

RESOLUTION 09-041-2016

Sponsored by: Councilmember Richardson and Mayor Stimpson

BE IT RESOLVED BY THE COUNCIL OF THE CITY OF MOBILE, ALABAMA, that the sum of $1,651,230.34 be appropriated in the Municipal Government Capital Improvement Fund (Fund 580) for the following capital projects:

Debt Service Regional Community & Senior Center 392,938.00
Public Building Repairs 308,292.34
Mechanical Systems 250,000.00
Building & Grounds Allowance 300,000.00
Citywide Roof Repairs 400,000.00

The resolution was read by the City Clerk; whereupon Councilmember Manzie moved that the resolution be adopted, which was seconded by Councilmember Daves, and the vote was as follows:

Ayes: Richardson, Manzie, Small, Williams, Daves, Rich and Gregory
Nays: None

The vote was then announced by the City Clerk, whereupon the Presiding Officer declared the resolution adopted.

AUTHORIZE CONTRACT WITH BFI WASTE SERVICES, LLC, FOR PROVISION OF DUMPSTERS AT VARIOUS CITY OF MOBILE FACILITIES, $55,788.40 (THREE-YEAR CONTRACT). The following resolution which was introduced and read at the regular meeting of Tuesday, January 12, 2016, and laid over until the regular meeting of Tuesday, January 19, 2016, was called up by the Presiding Officer.

RESOLUTION 21-042-2016

Sponsored by: City Council and Mayor Stimpson

BE IT RESOLVED BY THE CITY COUNCIL OF MOBILE, ALABAMA, that the Mayor and the City Clerk be, and they hereby are, authorized and directed to execute and attest, respectively, for and on behalf of the City of Mobile, a Contract, by and between the City of Mobile, and the company listed below, for work as outlined in the contract attached hereto and made a part hereof as though set forth in full. A copy of said contract is on file in the office of the City Clerk.

Name of Company: BFI WASTE SERVICES, LLC

Project Name: Service Contract – Dumpsters

Project Number: SC-037-16

Amount: $18,214.88 (1st Yr. Initial Term)
$18,597.68 (2nd Yr. Additional Term)
$18,975.84 (3rd Yr. Additional Term)
$55,788.40 3 Year Contract
$55,788.40 3 Year Contract

The resolution was read by the City Clerk; whereupon Councilmember Manzie moved that the resolution be adopted, which was seconded by Councilmember Daves, and the vote was as follows:

Ayes: Richardson, Manzie, Small, Williams, Daves, Rich and Gregory
Nays: None

The vote was then announced by the City Clerk, whereupon the Presiding Officer declared the resolution adopted.

AUTHORIZE CONTRACT WITH PORT CITY GLASS & MIRROR, INC. FOR AZALEA CITY GOLF COURSE CLUBHOUSE WINDOW REPLACEMENT, $15,680.00. The following resolution which was introduced and read at the regular meeting of Tuesday, January 12, 2016, and laid over until the regular meeting of Tuesday, January 19, 2016, was called up by the Presiding Officer.

RESOLUTION 21-043-2016

Sponsored by: Councilmember Gregory and Mayor Stimpson

BE IT RESOLVED BY THE CITY COUNCIL OF MOBILE, ALABAMA, that the Mayor and the City Clerk be, and they hereby are, authorized and directed to execute and attest, respectively, for and on behalf of the City of Mobile, a Contract, by and between the City of Mobile, and the company listed below, for work as outlined in the contract attached hereto and made a part hereof as though set forth in full. A copy of said contract is on file in the office of the City Clerk.

Name of Company: Port City Glass & Mirror, Inc.

Project Name: Azalea City Golf Course Clubhouse
Window Replacement

Project Number: PR-112-15

Amount: $15,680.00

The resolution was read by the City Clerk; whereupon Councilmember Manzie moved that the resolution be adopted, which was seconded by Councilmember Daves, and the vote was as follows:

Ayes: Richardson, Manzie, Small, Williams, Daves, Rich and Gregory
Nays: None

The vote was then announced by the City Clerk, whereupon the Presiding Officer declared the resolution adopted.

AUTHORIZE CONTRACT WITH AECOM TECHNICAL SERVICES, INC. FOR BALTIMORE STREET, STREET AND DRAINAGE REHABILITATION, $235,000.00 (CDBG FUNDED). The following resolution which was introduced and read at the regular meeting of Tuesday, January 12, 2016, and laid over until the regular meeting of Tuesday, January 19, 2016, was called up by the Presiding Officer.

RESOLUTION 21-044-2016

Sponsored by: Councilmember Small and Mayor Stimpson

BE IT RESOLVED BY THE CITY COUNCIL OF MOBILE, ALABAMA, that the Mayor and the City Clerk be, and they hereby are, authorized and directed to execute and attest, respectively, for and on behalf of the City of Mobile, a contract, by and between the City of Mobile and the company listed below, for work as outlined in the contract attached hereto and made a part hereof as set forth in full, subject to the company signing the contract and furnishing the required bonds and insurance. A copy of said executed contract will be on the in the office of the City Clerk.

Name of Company: AECOM Technical Services, Inc.

Project Name: Baltimore Street, Street and Drainage Rehabilitation

COM Project No.: 2016-202-17

Estimated Cost: $235,000.00

The resolution was read by the City Clerk; whereupon Councilmember Manzie moved that the resolution be adopted, which was seconded by Councilmember Daves, and the vote was as follows:

Ayes: Richardson, Manzie, Small, Williams, Daves, Rich and Gregory
Nays: None

The vote was then announced by the City Clerk, whereupon the Presiding Officer declared the resolution adopted.

AUTHORIZE CONTRACT WITH DRIVEN ENGINEERING, INC. FOR GRAHAM ROAD DRAINAGE IMPROVEMENTS, $8,000.00 (2016 CIP, DISTRICT 7, #59). The following resolution which was introduced and read at the regular meeting of Tuesday, January 12, 2016, and laid over until the regular meeting of Tuesday, January 19, 2016, was called up by the Presiding Officer.

RESOLUTION 21-045-2016

Sponsored by: Councilmember Gregory and Mayor Stimpson

BE IT RESOLVED BY THE CITY COUNCIL OF MOBILE, ALABAMA, that the Mayor and the City Clerk be, and they hereby are, authorized and directed to execute and attest, respectively, for and on behalf of the City of Mobile, a contract, by and between the City of Mobile and the company listed below, for work as outlined in the contract attached hereto and made a part hereof as set forth in full, subject to the company signing the contract and furnishing the required bonds and insurance. A copy of said executed contract will be on file in the office of the City Clerk.

Name of Company: Driven Engineering Inc.

Project Name: Graham Road Drainage Improvements

COM Project No.: 2016-202-18

Estimated Cost: $8,000.00

The resolution was read by the City Clerk; whereupon Councilmember Manzie moved that the resolution be adopted, which was seconded by Councilmember Daves, and the vote was as follows:

Ayes: Richardson, Manzie, Small, Williams, Daves, Rich and Gregory
Nays: None

The vote was then announced by the City Clerk, whereupon the Presiding Officer declared the resolution adopted.

AUTHORIZE THE MAYOR TO APPLY, ACCEPT AND RECEIVE $1,500,000.00 FROM THE UNITED STATES DEPARTMENT OF HOMELAND SECURITY (DHS) FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA) UNDER THE FY2015 ASSISTANCE TO FIREFIGHTERS GRANTS PROGRAM ($150,000.00 LOCAL MATCH). The following resolution which was introduced and read at the regular meeting of Tuesday, January 12, 2016, and laid over until the regular meeting of Tuesday, January 19, 2016, was called up by the Presiding Officer.

RESOLUTION 31-046-2016

Sponsored by: Mayor Stimpson

BE IT RESOLVED BY THE CITY COUNCIL OF MOBILE, ALABAMA, that The Mayor is hereby authorized to file a grant through the United States Department of Homeland Security (DHS), Federal Emergency Management Agency (FEMA), in the amount of $1,500,000.00 under the FY 2015 Assistance to Firefighters Grants Program to be used for the Mobile Fire-Rescue Department.

BE IT FURTHER RESOLVED that the Mobile City Council commits to provide 10% matching funds if said grant is awarded.

The resolution was read by the City Clerk; whereupon Councilmember Manzie moved that the resolution be adopted, which was seconded by Councilmember Daves, and the vote was as follows:

Ayes: Richardson, Manzie, Small, Williams, Daves, Rich and Gregory
Nays: None

The vote was then announced by the City Clerk, whereupon the Presiding Officer declared the resolution adopted.

REALLOCATE $125,000.00 FROM THE COMMUNITY & HOUSING DEVELOPMENT FUND, ACCOUNT #1000/3500 TO FUND ACCOUNT #5730 FOR HOME INVESTMENT PROGRAM MATCH. The following resolution which was introduced and read at the regular meeting of Tuesday, January 12, 2016, and laid over until the regular meeting of Tuesday, January 19, 2016, was called up by the Presiding Officer.

RESOLUTION 31-047-2016

Sponsored by: Councilmember Richardson and Mayor Stimpson

WHEREAS, the City of Mobile receives grant funds from the United States Department of Housing and Urban Development (HUD) HOME Investment Partnerships Program (HOME), under Title II of the Cranston-Gonzales National Affordable Housing Act, as amended. The HOME Program is designed to create affordable housing opportunities for low and moderate-income households.

WHEREAS, City of Mobile funds are used to meet the HOME Investment Partnership Program (HOME) match requirements as required by Federal Statue 24 CFR part 92.

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MOBILE, ALABAMA, that the sum of $125,000.00 be reallocated from Community and Housing Development Fund #1000/3500 to Fund account #5730.

The resolution was read by the City Clerk; whereupon Councilmember Manzie moved that the resolution be adopted, which was seconded by Councilmember Daves, and the vote was as follows:

Ayes: Richardson, Manzie, Small, Williams, Daves, Rich and Gregory
Nays: None

The vote was then announced by the City Clerk, whereupon the Presiding Officer declared the resolution adopted.

ASSENT TO THE VACATION OF A PORTION OF RIVERS AVENUE. The following resolution which was introduced and read at the regular meeting of Tuesday, January 12, 2016, and laid over until the regular meeting of Tuesday, January 19, 2016, was called up by the Presiding Officer.

RESOLUTION 47-048-2016

Sponsored by: Councilmember Manzie

RESOLUTION ASSENTING TO VACATION OF A PORTION OF THE RIGHT OF WAY OF RIVERS AVENUE BY THE BOARD OF WATER AND SEWER COMMISSIONERS OF THE CITY OF MOBILE

WHEREAS, it having been made known to the City Council of the City of Mobile that:

The Board of Water and Sewer Commissioners of the City of Mobile, a public agency or instrumentality, is the owner of certain lands more particularly described in deed recorded in Book LR7232, Page 630, of the records in the Office of the Judge of Probate of Mobile County, Alabama; and,

WHEREAS, within said lands there exists a portion of the unopened right of way of Rivers Avenue as more particularly described herein below; and,

WHEREAS, it has been shown to the satisfaction of the Mobile City Council that the Board of Water and Sewer Commissioners of the City of Mobile is the only owner of lands abutting said right of way of Rivers Avenue; and,

WHEREAS, the Board of Water and Sewer Commissioners of the City of Mobile desires to vacate said unopened right of way of Rivers Avenue, has requested the City of Mobile to vacate same, and has provided notice of its request to vacate to all utility providers with utility lines or facilities within the area to be vacated in accordance with the Code of Alabama; provided, however, that entities with utility lines, equipment or facilities in place within said right of way at the time of vacation shall have the right to continue to access, maintain, extend, and enlarge their lines, equipment and facilities to the same extent as if the vacation had not occurred; and,

WHEREAS, the Board of Water and Sewer Commissioners of the City of Mobile has now submitted a request to the City of Mobile to vacate said unopened right of way of Rivers Avenue more particularly described herein, being a public street lying with the city limits of the City of Mobile, Alabama, pursuant to Code of Alabama § 23-4-20, as amended; and,
WHEREAS, all utility providers have issued their written consent to the aforesaid vacation; and,

WHEREAS, the said unopened right of way of Rivers Avenue is not needed as a public right-of-way in the City of Mobile, Alabama, and the aforesaid vacation is in the public interest; and,

WHEREAS, no other property owners own any land within or abutting the areas affected by this vacation and thus will not be denied means of ingress and egress to and from their property or be otherwise affected by the vacation of said right of way, and,

WHEREAS, the approximate square footage of the area to be vacated is 55,871 square feet, more or less, the approximate square footage of the entire parcel is 436,384 square feet, more or less, and the 2015 Mobile County Revenue Commission assessed value of the entire parcel is $10,900.00; and,

NOW, THEREFORE, the premises considered, BE IT RESOLVED by the City Council of the City of Mobile, pursuant to § 23-4-20 of the Code of Alabama (1975), as amended, that the following described right of way of Rivers Avenue is hereby vacated:

Beginning at the Northwest corner of Lot 78, Block 8, Dixie Park Subdivision, as recorded in Map Book 3, page 273-274 of the Probate Court records of Mobile County, Alabama, said point being on the East right of way line of Rivers Avenue, (50-foot un-opened public R W); Thence N-84°-51'-33"-W, leaving the East right of way line of said Rivers Avenue, for 50.00 feet to at point at the Northeast corner of Lot 3, Block 8, said Dixie Park, said point being on the West right of way line of said Rivers Avenue; Thence N-05°-08'-27"-E, along the West right of way line of said Rivers Avenue, for 1007.99 feet to a point on the intersection of the West right of way line of said Rivers Avenue with the Southeast line of a 100-foot drainage easement for Three Mile Creek as recorded in Real Property Book 57, page 359 of the aforesaid Probate Court records of Mobile County; Thence N-18°-00'-37"-E, leaving the West right of way line of said Rivers Avenue and along the Southeast line of said drainage easement, for 224.49 feet to a point at the intersection of the Southeast line of said drainage easement with the East right of way line of said Rivers Avenue; Thence S-05°-08'-27"-W, leaving the Southeast right of way line of said drainage easement and along the East right of way line of said Rivers Avenue, for 1226.84 feet to the Point of Beginning and containing 55871 square feet or 1.2826 acres, more or less.

Notice of this Resolution shall be published once in a newspaper in Mobile County no later than fourteen (14) days after its adoption.

The resolution was read by the City Clerk; whereupon Councilmember Manzie moved that the resolution be adopted, which was seconded by Councilmember Daves, and the vote was as follows:

Ayes: Richardson, Manzie, Small, Williams, Daves, Rich and Gregory
Nays: None

The vote was then announced by the City Clerk, whereupon the Presiding Officer declared the resolution adopted.

STATE OF ALABAMA)
COUNTY OF MOBILE)

I, Lisa C. Lambert, City Clerk of Mobile, Alabama, hereby certify that Resolution No. 47-048 Series 2016, was published in the Press-Register, a newspaper of general circulation in the City and County of Mobile, Alabama, on, .

IN WITNESS WHEREOF, I have hereunto set my hand on this day of
, 2016.


__________________________
City Clerk


SUSPENSION OF RULES FOR IMMEDIATE CONSIDERATION OF ORDINANCES BEING INTRODUCED FOR FIRST TIME:

Councilmember Richardson noted that Ordinances 64-003 through 84-005 will be laid over for one (1) week according to procedure.

ORDINANCES BEING INTRODUCED:

REZONE PROPERTY AT 3709 DEMETROPOLIS ROAD (NORTHEAST CORNER OF DEMETROPOLIS ROAD AND HALLS MILL ROAD) FROM B-5 TO B-2 TO ALLOW A LIQUOR STORE. The following ordinance was laid over for one (1) week to the regular meeting of Tuesday, January 26, 2016.

ORDINANCE 64-003-2016

AN ORDINANCE AMENDING THE ORDINANCE ADOPTED BY THE BOARD OF COMMISSIONERS OF THE CITY OF MOBILE ON THE 16TH DAY OF MAY, 1967, SAID ORDINANCE BEING COMMONLY KNOWN AS THE ZONING ORDINANCE

BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MOBILE AS FOLLOWS:

Section One: That the Ordinance commonly known as the Zoning Ordinance and adopted on May 16, 1967, together with the Zoning Map of the City of Mobile, 1967, be, and the same hereby is changed and altered in respect to that certain property in the City of Mobile, State of Alabama, described as follows to-wit:

3709 DEMETROPOLIS ROAD, AS RECORDED IN MAP BOOK 117 PAGE 115, IN THE OFFICE OF THE JUDGE OF PROBATE COURT, MOBILE COUNTY, ALABAMA. The classification of said property is hereby changed from B-5, Office—Distribution District, to B-2, Neighborhood Business District, and it shall hereafter be lawful to construct on such property any structures permitted by the Ordinance of May 16, 1967, commonly known as the Zoning Ordinance and to use said premises for any use permitted by the terms of said Ordinance in a B-2, Neighborhood Business District, provided, however, that the plans for any structure or building sought to be erected on said property shall be in compliance with the building laws of the City of Mobile, and that any structure shall be approved by the Building Inspector of the City of Mobile, and that any such structure be erected only in compliance with such laws, including the requirements of said Zoning Ordinance of May 16, 1967, and further provided, however, that no lot or parcel of land herein above described shall be used for any use allowed in a B-2, Neighborhood Business District, until all of the conditions set forth below have been complied with: 1) Completion of the subdivision process; and 2) Compliance
with all applicable codes and ordinances.

Section Two: This Ordinance shall be in force and effect from and after its adoption and publication.

REZONE PROPERTY AT 5601 and 5611 MOFFETT ROAD (NORTHWEST CORNER OF MOFFETT ROAD AND HOWELLS FERRY ROAD) FROM B-2 AND B-3 TO B-3 TO ELIMINATE SPLIT ZONING. The following ordinance was laid over for one (1) week to the regular meeting of Tuesday, January 26, 2016.

ORDINANCE 64-004-2016

AN ORDINANCE AMENDING THE ORDINANCE ADOPTED BY THE BOARD OF COMMISSIONERS OF THE CITY OF MOBILE ON THE 16TH DAY OF MAY, 1967, SAID ORDINANCE BEING COMMONLY KNOWN AS THE ZONING ORDINANCE.

BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MOBILE AS FOLLOWS:

Section One: That the Ordinance commonly known as the Zoning Ordinance and adopted on May 16, 1967, together with the Zoning Map of the City of Mobile, 1967, be, and the same hereby is changed and altered in respect to that certain property in the City of Mobile, State of Alabama, described as follows to-wit:

COMMENCING AT A POINT WHERE THE OLD SOUTH RIGHT OF WAY LINE OF MOFFETT ROAD (80 FOOT RIGHT OF WAY) INTERSECTS THE NORTH RIGHT OF WAY LINE OF HOWELL'S FERRY ROAD (60 FOOT RIGHT OF WAY) IN THE CITY AND COUNTY OF MOBILE, ALABAMA, RUN S 89° 56' 19" W ALONG SAID NORTH RIGHT OF WAY LINE OF HOWELL'S FERRY ROAD A DISTANCE OF 341.12 FEET TO THE POINT OF BEGINNING OF THE PROPERTY HEREIN DESCRIBED; THENCE RUN N 41° 05' 57" W 282.60 FEET TO A POINT; THENCE RUN N 48° 54' 03" E 247.30 FEET TO A POINT ON THE SOUTH RIGHT OF WAY LINE OF MOFFETT ROAD, (SAID POINT BEING 50 FEET SOUTH OF THE CENTERLINE OF MOFFETT ROAD); THENCE RUN S 41° 05' 57" E ALONG SAID SOUTH RIGHT OF WAY LINE OF MOFFETT ROAD A DISTANCE OF 171.0 FEET TO A POINT; THENCE RUN S 24° 36' 43" W 271.32 FEET TO THE POINT OF BEGINNING, CONTAINING 56,088 SQUARE FEET.

The classification of said property is hereby changed from B-2, Neighborhood Business District, and B-3, Community Business District to B-2, Neighborhood Business District, and it shall hereafter be lawful to construct on such property any structures permitted by the Ordinance of May 16, 1967, commonly known as the Zoning Ordinance and to use said premises for any use permitted by the terms of said Ordinance in a B-2, Neighborhood Business District, provided, however, that the plans for any structure or building sought to be erected on said property shall be in compliance with the building laws of the City of Mobile, and that any structure shall be approved by the Building Inspector of the City of Mobile, and that any such structure be erected only in compliance with such laws, including the requirements of said Zoning Ordinance of May 16, 1967, and further provided, however, that no lot or parcel of land herein above described shall be used for any use allowed in a B-2, Neighborhood Business District, until all of the conditions set forth below have been complied with: 1) Full compliance with all municipal codes and ordinances; and 2) Appropriate permitting for the removal of any trees previously planted on the site for compliance with Zoning Ordinance requirements.

Section Two: This Ordinance shall be in force and effect from and after its adoption and publication.

AUTHORIZE THE ISSUANCE OF A GENERAL OBLIGATION REFUNDING WARRANT, SERIES 2016, TO REFUND THE GENERAL OBLIGATION REFUNDING AND IMPROVEMENT WARRANTS, SERIES 2006. The following ordinance was laid over for one (1) week to the regular meeting of Tuesday, January 26, 2016.

An Ordinance Authorizing the Issuance of a General Obligation Refunding Warrant, Series 2016, to Refund the General Obligation Refunding and Improvement Warrants, Series 2006, of the City of Mobile, Alabama

BE IT ORDAINED by the Mayor and Council of the City of Mobile, Alabama, as follows:

ARTICLE 1
Definitions and Representations

Section 1.01 Definitions of Capitalized Terms

As used herein the following terms shall have the following meanings:

Bond Counsel shall mean Maynard, Cooper & Gale, PC.

City shall mean the City of Mobile, Alabama.

Enabling Law shall mean Sections 11-47-2 and 11-81-4 of the Code of Alabama 1975.

Financing Agreement shall mean that certain Financing Agreement dated February 1, 2016 by the City and the Warrantholder, as at any time amended, restated, or supplemented, with respect to the Warrant.

Financing Documents shall mean collectively the Financing Agreement and the Refunding Trust Agreement.

Paying Agent shall mean Regions Bank and its successors and assigns.

Redemption Date shall mean March 14, 2016, which date shall be (i) after February 15, 2016, and (ii) not more than 90 days from the date of delivery of and payment for the Warrant and (iii) the earliest date for which the required notice may be given under the Refunded Obligations Ordinance for the redemption of all of the Refunded Obligations.

Refund Obligations shall mean the General Obligation Refunding and Improvement Warrants, Series 2006, of the City.

Refunded Obligations Ordinance shall mean Ordinance No. 84-025 of the City adopted by the governing body of the City on July 11, 2006 and under which the Refunded Obligations were issued.

Refunding Trust Agreement shall mean the Refunding Trust Agreement dated February 1, 2016 by the City and the Paying Agent, as at any time amended, restated or supplemented, with respect to the refunding of the Refunded Obligations.

Warrant shall mean the $39,402,000 principal amount General Obligation Refunding Warrant, Series 2016, issued by the City under the Financing Agreement.

Warrantholder shall mean Regions Capital Advantage, Inc., and its successors and assigns.

Section 1.02
Representations of the City.

The City has found and determined and does hereby find, determine and declare as follows:

(a) (1) The City has heretofore issued the Refunded Obligations under the Refunded Obligations Ordinance.

(2) The Refunded Obligations are outstanding in aggregate principal amount of $39,115,000.

(3) The City is not in default in the payment of the principal of or interest on any of the Refunded Obligations.

(b) (1) The City has determined the current refunding of all of the Refunded Obligations on the Redemption Date will produce significant interest costs savings to the City.

(2) All of the Refunded Obligations shall be retired on the Redemption Date.

(3) The refunding of the Refunded Obligations will be effected as provided in the Refunding Trust Agreement.

(c) The Warrant shall be issued under the Enabling Law and the Financing Agreement to the Warrantholder as provided in the Financing Agreement.

(d) The representations and warranties of the City set forth in Article 2 of the Financing
Agreement are true and correct.

ARTICLE 2
Authorization of Warrant and Financing Documents
Authorization of Execution and Delivery

Section 2.01. Authorization of Warrant and Financing Documents

(a) The City does hereby approve, adopt, authorize, direct, ratify and confirm the terms and provisions of, the representations and warranties of the City set forth in, the obligations and transaction to be undertaken by the City pursuant to, and the execution and delivery by the City of the following:

(1) The Warrant, in substantially the form as attached to the Financing Agreement;

(2) The Financing Agreement, in substantially the form attached hereto as Exhibit A;

(3) The Refunding Trust Agreement, in substantially the form as attached hereto as Exhibit B;

(4) All agreements, assignments, documents, instruments and notices which may be desirable or necessary to be executed, delivered and performed to effect the purposes of and transactions under the Financing Documents.

(b) The Financing Documents are approved in substantially the form and of substantially the content as presented to and considered by the City, with such changes or additions thereto or deletions therefrom as the officer of the City executing the same shall approve which approval shall be conclusively evidenced by the execution of the Financing Documents and the Warrant by such officer as provided in this Ordinance.

(c) The Financing Documents and Warrant presented to, considered and adopted by the City shall be filed in the permanent records of the City.

Section 2.02 Authorization of Execution and Delivery

(a) The Mayor of the City is hereby authorized and directed to execute and deliver the Warrant and the Financing Documents for and on behalf of and in the name of the City.

(b) The City Clerk is hereby authorized and directed to attest and seal the Warrant and the Financing Documents.

(c) The Mayor and the City Clerk are each authorized and directed to deliver a certified
copy of this Ordinance to the Paying Agent.

ARTICLE 3
Call of Refunded Obligations for Redemption

(a) The City does hereby call for redemption the Refunded Obligations on the Redemption Date at a redemption price of 100% of the principal amount outstanding plus accrued interest thereon to the Redemption Date.

(b) The City does hereby confer upon the Paying Agent irrevocable power to give, for and in the name of the City, notice of redemption of the Refunded Obligations in accordance with the with the Refunded Obligations Ordinance.

(c) The City agrees the City will not amend or real the provisions for redemption of the Refunded Obligations as provided herein and in the Refunded Trust Agreement.

ARTICLE 4
General Authorization and Ratification

Section 4.01 General Authorization

The Mayor and the City Clerk are hereby authorized and directed (i) to take all such actions, and execute, deliver and file such related documents, agreements, instruments and notices, as may be necessary or desirable to carry out the purposes of this Ordinance and effect the purposes of, and transactions to be undertaken pursuant to, the Financing Documents, and (ii) to execute and deliver to the Warantholder, counsel therefor, and Bond Counsel, such certified proceedings of the City and such closing papers, proofs and statements containing such representations of fact and law as may be necessary or desirable to demonstrate the validity of the Refunded Obligations and the Financing Documents, and the absence of litigation (pending or threatened) with respect to any matter referred to herein and the absence of any violation of law or contract by the City by the delivery and performance of the Warrant and the Financing Document.

Section 4.02 Ratification

Any prior action taken by or on behalf of the City or by any officer of the City, or any agreements, documents or term sheets executed by or on behalf of the City, in connection with the agreements, documents and transactions herein authorized, are hereby ratified and confirmed.

ARTICLE 5
Provisions of General Application

Section 5.01 Other Proceedings

Any resolution, order, ordinance, or part thereof, in conflict or inconsistent with the provisions of this Ordinance is hereby, to the extent of such conflict or inconsistency, repealed.

Section 5.02. Effect of this Ordinance

This Ordinance shall take effect immediately.

SUSPENSION OF RULES FOR IMMEDIATE CONSIDERATION OF RESOLUTIONS BEING INTRODUCED FOR FIRST TIME:

Councilmember Richardson moved for the suspension of the rules for the immediate consideration of Resolutions 03-050 through 58-055 and Resolutions 01-058 through 01-060. The motion was seconded by Councilmember Daves, and the vote was as follows:

Ayes: Richardson, Small, Williams, Rich, Daves, Gregory
Nays: None

The Presiding Officer declared unanimous consent granted for Resolutions 03-050 through 58-055 and Resolutions 01-058 through 01-060. Resolutions 01-056, 01-057 and Resolutions 01-061 through 60-069 will be laid over for one (1) week according to procedure.

CONSENT RESOLUTIONS BEING INTRODUCED:

APPOINT MARC JACKSON AND MICHAEL R. HOLLAND TO THE INFIRMARY HEALTH SYSTEM SPECIAL CARE FACILITIES FINANCING AUTHORITY OF MOBILE. The following resolution was introduced by Councilmember Daves.

RESOLUTION 03-050-2016

Sponsored by: City Council

BE IT RESOLVED BY THE CITY COUNCIL OF MOBILE, ALABAMA, that Marc Jackson and Michael R. Holland are hereby appointed to the Infirmary Health System Special Care Facilities Financing Authority of Mobile, effective immediately, for terms ending as follows:
Term Ending
Marc Jackson Noon, Second Monday, November 2021
Michael R. Holland Noon, Second Monday, November 2019

The resolution was read by the City Clerk; whereupon Councilmember Daves moved that the resolution be adopted, which was seconded by Councilmember Manzie, and the vote was as follows:

Ayes: Richardson, Manzie, Small, Williams, Daves, Rich and Gregory
Nays: None

The vote was then announced by the City Clerk, whereupon the Presiding Officer declared the resolution adopted.

APPOINT ALFRED STOKES TO THE HISTORY MUSEUM OF MOBILE BOARD. The following resolution was introduced by Councilmember Daves

RESOLUTION 03-051-2016

Sponsored by: Councilmember Williams

BE IT RESOLVED BY THE CITY COUNCIL OF MOBILE, ALABAMA, that Alfred Stokes is hereby appointed to the History Museum of Mobile Board, effective immediately, for terms ending December 31, 2018.

The resolution was read by the City Clerk; whereupon Councilmember Daves moved that the resolution be adopted, which was seconded by Councilmember Manzie, and the vote was as follows:

Ayes: Richardson, Manzie, Small, Williams, Daves, Rich and Gregory
Nays: None

The vote was then announced by the City Clerk, whereupon the Presiding Officer declared the resolution adopted.

RECOMMEND APPROVAL TO THE ABC BOARD FOR ISSUANCE OF A NON-PROFIT TAX EXEMPT LICENSE FOR THE AMERICAN CANCER SOCIETY, INC. The following resolution was introduced by Councilmember Daves

RESOLUTION 37-052-2016

Sponsored by: Councilmember Gregory

BE IT RESOLVED BY THE CITY COUNCIL OF MOBILE, ALABAMA, that the following application to the Alabama Alcoholic Beverage Control Board of the State of Alabama, is hereby recommended for grant of such license by said Board.

Type of Application: Non-Profit Tax Exempt

Submitted by: American Cancer Society, Inc.
2016 Chili Cook Off

Location: 1035 North Cody Road

The resolution was read by the City Clerk; whereupon Councilmember Daves moved that the resolution be adopted, which was seconded by Councilmember Richardson, and the vote was as follows:

Ayes: Richardson, Manzie, Small, Williams, Daves, Rich and Gregory
Nays: None

The vote was then announced by the City Clerk, whereupon the Presiding Officer declared the resolution adopted.

RECOMMEND APPROVAL TO THE ABC BOARD FOR ISSUANCE OF A RESTAURANT RETAIL LIQUOR LICENSE FOR DAUPHINS, 107 ST. FRANCIS STREET, SUITE 3400. The following resolution was introduced by Councilmember Daves.

RESOLUTION 37-053-2016

Sponsored by: Councilmember Manzie

BE IT RESOLVED BY THE CITY COUNCIL OF MOBILE, ALABAMA, that the following application to the Alabama Alcoholic Beverage Control Board of the State of Alabama, is hereby recommended for grant of such license by said Board.

Type of Application: Restaurant Retail Liquor

Submitted by: Dauphins, LLC

Location: Dauphins
107 St. Francis Street, Suite 3400
Mobile, AL 36602

The resolution was read by the City Clerk; whereupon Councilmember Daves moved that the resolution be adopted, which was seconded by Councilmember Richardson, and the vote was as follows:

Ayes: Richardson, Manzie, Small, Williams, Daves, Rich and Gregory
Nays: None

The vote was then announced by the City Clerk, whereupon the Presiding Officer declared the resolution adopted.

DECLARE WEEDS NOXIOUS, GROUP #1532. The following resolution was introduced by Councilmember Manzie.

RESOLUTION 58-054-2016

A RESOLUTION DECLARING WEEDS GROWING UPON THE STREETS OR SIDEWALKS AND UPON PRIVATE PROPERTY WITHIN THE CORPORATE LIMITS OF THE CITY OF MOBILE TO BE NOXIOUS OR DANGEROUS AND TO BE PUBLIC NUISANCES AND PROVIDING FOR THE ABATEMENT OF SUCH NUISANCES.

WHEREAS, a survey has been made to determine the properties upon which or in front of which noxious or dangerous weeds are growing and the agents or employees of the City of Mobile have obtained the legal description of parcels of property in the City of Mobile upon which or in front of which such weeds are growing, and it has been determined to follow the provisions of Act No. 329 of the Legislature of the State of Alabama, approved on April 28, 1988, and to have caused such weeds to be cut or otherwise abated as public nuisances:

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MOBILE AS FOLLOWS:

SECTION 1: It has been determined by the City Council of Mobile that the weeds growing on the privately owned lots or parcels of land described in Exhibit "A," a copy of which is on file in the Office of the City Clerk and made a part thereof as though set forth in full, known as Group #1532 under the caption "NOXIOUS OR DANGEROUS WEEDS GROWING ON PROPERTY," are noxious and dangerous, and such weeds are hereby declared to be public nuisances. The properties upon which such weeds are growing are all located within the corporate limits of the City of Mobile, about the streets referred to in the description which are more particularly described in said Exhibit "A."

SECTION 2: The weeds growing on or in front of the above described parcels of property shall be abated by the removal of such noxious or dangerous weeds or they will be removed and the nuisances abated by the City of Mobile, in which case the cost of such removal will be assessed against the respective parcels of lands from which such weeds are removed and such cost will constitute a lien upon such respective parcels of land until paid. A public meeting is hereby called to be held in the Auditorium of the Mobile Government Plaza, 205 Government Street, Mobile, Alabama, on the 19th day of January. 2016, at ten thirty a.m., for the purpose of hearing any objections to the declarations contained in this resolution and to the proposed removal of such weeds, at which time all objections will be heard and given due consideration by the city Council of Mobile; and it is directed that there shall be conspicuously posted in front of each parcel of property, a notice headed "NOTICE TO DESTROY WEEDS," such heading to be in words not less than one inch in height and substantially in the form set out in such Act No. 329, approved April 29, 1988.

The resolution was read by the City Clerk; whereupon Councilmember Manzie moved that the resolution be adopted, which was seconded by Councilmember Daves, and the vote was as follows:

Ayes: Richardson, Manzie, Small, Williams, Daves, Rich and Gregory
Nays: None

The vote was then announced by the City Clerk, whereupon the Presiding Officer declared the resolution adopted.

AUTHORIZE REMOVAL OF WEEDS, GROUP #1531. The following resolution was introduced by Councilmember Manzie.

RESOLUTION 58-055-2016

A RESOLUTION DETERMINING WHAT OBJECTIONS SHALL BE ALLOWED AND WHAT OBJECTIONS SHAL BE OVERRULED TO THE REMOVAL OF NOXIOUS OR DANGEROUS WEEDS ON OR IN FRONT OF CERTAIN PARCELS OF LAND.

WHEREAS, notice has been duly given and posted at least five days prior to the date of this resolution in the manner provided by law offering full opportunity to all interested parties to object to the removal of noxious or dangerous weeds on the hereinafter described parcels of land, and the City Council of Mobile having held such public hearing in connection with the notices given and no objections having been filed or made by any of the interested parties; and

WHEREAS, Parcels Nos. 1 through 21 described in the resolution adopted on the 15th day of December, 2015, have not been cleared of noxious and dangerous weeds and continue to be public nuisances.

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MOBILE, as follows:

SECTION 1. It is hereinafter ascertained and determined that the dangerous and noxious weeds growing on the wherein are described parcels of real property are public nuisances, and it is hereby ordered and directed that the employees of the City of Mobile assigned to that work promptly remove the weeds on such parcels of property.

PARCELS OR PIECES OF PROPERTY ON WHICH NOXIOUS OR DANGEROUS WEEDS ARE TO BE REMOVED:

Parcels of real property located in the City of Mobile and more particularly described as Parcels Nos. 1 through 21, as described in the resolution adopted on the 15th day of December, 2015 and entitled: “A RESOLUTION DECLARING WEEDS GROWING UPON THE STREETS OR SIDEWALKS AND UPON PRIVATE PROPERTY WITHIN THE CORPORATE LIMITS OF THE CITY OF MOBILE TO BE NOXIOUS OR DANGEROUS AND TO BE PUBLIC NUISANCES AND PROVIDEING THE FOR THE ABATEMENT OF SUCH NUISANCES.

(Lot Cleaning Liens, Group No. 1531, on file in the office of the City Clerk).

SECTION 2. The employees of the City of Mobile assigned to the work required by this resolution are hereby expressly authorized to enter upon such described pieces of property for the purpose of removing the weeds authorized by this resolution to be removed. The owner of any of the above described pieces of property shall have the right to remove the weeds ordered by this resolution to be removed from this property provided such removal is done prior to the arrival of the employees of the City of Mobile against his property by reason of any action taken hereunder, An accurate account of the costs with respect to each piece of property shall be kept by the employees of the City of Mobile covering the costs of removing such weeds in front of or in front of or on each separate lot or parcel of land where the work is done by the City of Mobile or its employees, and promptly thereafter an itemized report in writing shall be made to the City Council showing such costs with respect to each separate lot or parcel of land but before the report is submitted to the City Council a copy of or parcel of land shall be posted for at least three days prior to such report on the door of the Council Chamber at the City Hall of Mobile, Alabama, together with a notice of the time when the report will be submitted to the City Council for confirmation.

The resolution was read by the City Clerk; whereupon Councilmember Manzie moved that the resolution be adopted, which was seconded by Councilmember Daves, and the vote was as follows:

Ayes: Richardson, Manzie, Small, Williams, Daves, Rich and Gregory
Nays: None

The vote was then announced by the City Clerk, whereupon the Presiding Officer declared the resolution adopted.

RESOLUTIONS BEING INTRODUCED:

AUTHORIZE A FOREIGN-TRADE ZONE OPERATOR AGREEMENT WITH WORLD MARINE OF ALABAMA, LLC. The following resolution was laid over for one (1) week to the regular meeting of Tuesday, January 26, 2016.

RESOLUTION 01-056-2016

Sponsored by: Councilmember Manzie and Mayor Stimpson

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MOBILE, ABAMA, that the Mayor and the City Clerk be, and they hereby are, authorized and directed to execute and attest, respectively, for and on behalf of the City of Mobile, a Foreign-Trade Zone Operator Agreement between City of Mobile and World Marine of Alabama, LLC, in which the City grants the Operator the right to utilize Site 1 of the General-Purpose Zone as a foreign-trade one, as outlined in the agreement attached hereto and made a part hereof as though set forth in herein. A copy of said agreement is on file in the office of the City Clerk.

AUTHORIZE AGREEMENT FOR SERVICES AND COOPERATIVE MAINTENANCE OF PUBLIC RIGHT-OF-WAY WITH THE UNIVERSITY OF SOUTH ALABAMA TO PROVIDE LANDSCAPING AND LIMITED LANDSCAPE MAINTENANCE ALONG UNIVERSITY BOULEVARD AND OLD SHELL ROAD (REIMBURSEMENT UP TO $85,000.00) (CIP CO245-CP #7510; CIP 2016, DISTRICT 7 #392, ADDITIONAL LANDSCAPING/IRRIGATION WORK). The following resolution was laid over for one (1) week to the regular meeting of Tuesday, January 26, 2016.

RESOLUTION 01-057-2016

Sponsored by: Councilmember Gregory and Mayor Stimpson

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MOBILE, ALABAMA, that the Mayor and the City Clerk be, and they hereby authorized and directed to execute and attest, respectively, for and on behalf of City of Mobile, the CITY OF MOBILE AGREEMENT FOR SERVICES AND COOPERATIVE MAINTENANCE OF PUBLIC RIGHT OF WAY between City of Mobile and University of South Alabama, as outlined in the agreement attached hereto and made a part hereof as though set forth in full herein. A copy of said agreement is on file in the office of the City Clerk.

AUTHORIZE PROFESSIONAL SERVICES AGREEMENT FOR THE CENTER FOR COMMUNITY PROGRESS TO PROVIDE CONSULTING SERVICES FOR THE SYSTEMIC STRUCTURE OF THE ALABAMA LAND BANK ACT (NOT TO EXCEED $32,000.00). The following resolution was introduced by Councilmember Bess Rich.

RESOLUTION 01-058-2016

Sponsored by: Councilmember Daves and Mayor Stimpson

BE IT RESOLVED BY THE CITY COUNCIL OF MOBILE, ALABAMA, that the Mayor and the City Clerk be, and they hereby are, authorized and directed to execute and attest, respectively, for and on behalf of the City of Mobile, a Professional Services Agreement, between the City of Mobile, and Center for Community Progress for the provision of consulting services regarding the structure of NRP and Alabama and Local Land Banks, as outlined in the Agreement attached hereto and made a part hereof as though set forth in full. A copy of said Agreement is on file in the office of the City Clerk.

The resolution was read by the City Clerk; whereupon Councilmember Rich moved that the resolution be adopted, which was seconded by Councilmember Richardson, and the vote was as follows:

Ayes: Richardson, Manzie, Small, Williams, Daves, Rich and Gregory
Nays: None

The vote was then announced by the City Clerk, whereupon the Presiding Officer declared the resolution adopted.

AUTHORIZE REFUNDING TRUST AGREEMENT WITH REGIONS BANK REGARDING ISSUANCE OF A GENERAL OBLIGATION REFUNDING WARRANT, SERIES 2016, TO REFUND THE GENERAL OBLIGATION REFUNDING AND IMPROVEMENT WARRANTS, SERIES 2006. The following resolution was introduced by Councilmember Richardson.

RESOLUTION 01-059-2016

Sponsored by: Councilmembers Richardson and Rich and Mayor Stimpson

BE IT RESOLVED BY THE CITY COUNCIL OF MOBILE, ALABAMA, that the Mayor and the City Clerk, and they hereby are, authorized and directed to execute and attest, respectively, for and on behalf of the City of Mobile, the Refunding Trust Agreement, between the City of Mobile, and Regions Bank, as Escrow Trustee, regarding General Obligation Refunding and Improvement Warrants, series 2006, of the City of Mobile, AL, as outlined in the Refunding Trust Agreement attached hereto and made a part hereof as though set forth in full. A copy of said Agreement is on file in the office of the City Clerk

The resolution was read by the City Clerk; whereupon Councilmember Richardson moved that the resolution be tabled, which was seconded by Councilmember Daves, and the vote was as follows:

Ayes: Richardson, Manzie, Small, Williams, Daves, Rich and Gregory
Nays: None

The vote was then announced by the City Clerk, whereupon the Presiding Officer declared the resolution tabled.

AUTHORIZE FINANCING AGREEMENT WITH REGIONS CAPITAL ADVANTAGE, INC. REGARDING ISSUANCE OF A GENERAL OBLIGATION REFUNDING WARRANT, SERIES 2016, TO REFUND THE GENERAL OBLIGAITON REFUNDING AND IMPROVEMENT WARRANTS, SERIES 2006. The following resolution was introduced by Councilmember Richardson.

RESOLUTION 01-060-2016

Sponsored by: Councilmembers Richardson and Rich and Mayor Stimpson

BE IT RESOLVED BY THE CITY COUNCIL OF MOBILE, ALABAMA, that the Mayor and the City Clerk be, and they hereby are, authorized and directed to execute and attest, respectively, for and on behalf the City of Mobile, the Financing Agreement, between the City of Mobile, and Regions Capital advantage, Inc., regarding General Obligation Refunding Warrant, series 2016, of the City of Mobile, AL, as outlined in the Financing Agreement attached hereto and made a part hereof as though set forth in fuIl. A copy of said Agreement is on file in the office of the City Clerk.

The resolution was read by the City Clerk; whereupon Councilmember Richardson moved that the resolution be tabled, which was seconded by Councilmember Daves, and the vote was as follows:

Ayes: Richardson, Manzie, Small, Williams, Daves, Rich and Gregory
Nays: None

The vote was then announced by the City Clerk, whereupon the Presiding Officer declared the resolution tabled.

AUTHORIZE CONTRACT WITH FARNELL HEATING AND AIR CONDITIONING, INC. FOR FORT CONDE WELCOME CENTER-REPLACE AC UNITS, $68,858.00 (2016 CIP-CO252, PROJECT #102). The following resolution was laid over for one (1) week to the regular meeting of Tuesday, January 26, 2016.

RESOLUTION 21-061-2016

Sponsored by: Councilmember Manzie and Mayor Stimpson

BE IT RESOLVED BY THE CITY COUNCIL OF MOBILE, ALABAMA, that the Mayor and the City Clerk be, and they hereby are, authorized and directed to execute and attest, respectively, for and on behalf of the City of Mobile, a Contract, by and between the City of Mobile, and the company listed below, for work as outlined in the contract attached hereto and made a part hereof as though set forth in full. A copy of said contract is


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