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 May 10, 2016

MUNICIPAL BUILDING, MOBILE, ALABAMA, MAY 10, 2016

The Council of the City of Mobile, Alabama, met in the Pre-Council Conference Room of the Mobile Government Plaza on Tuesday, May 10, 2016, at 9:00 a.m.

Present:
Chairman: Gregory
Councilmembers: Richardson, Manzie, Small, Williams, Daves and Rich
Absent: None

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:

_______________________________
PRESIDENT OF THE COUNCIL

_______________________________
CITY CLERK


MUNICIPAL BUILDING, MOBILE, ALABAMA, MAY 10, 2016

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

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

Reverend Spencer Baggott, Mobile First Church of the Nazarene, offered an invocation.

The Presiding Officer led the Pledge of Allegiance.

Present on Roll Call:

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

STATEMENT OF RULES BY COUNCIL PRESIDENT:

Councilmember Gregory announced that there will be a meeting of the Economic, Cultural & Civic Development Committee today at 1:00 p.m. in the 9th floor City Council conference room to discuss an incentive program for Bel Air Mall.

Councilmember Gregory outlined several upcoming events in the community. On Wednesday there will be a celebration honoring the Coast Aviation Center’s 50th anniversary with the Navy League. The annual Law Enforcement Banquet will be held on Thursday and on Friday at 1:00 p.m. there will be an official ribbon-cutting ceremony for a new skateboard ramp at Langan Park constructed and donated by local sheet metal workers. Additionally, there will be a Great American Clean-up event on Saturday in Martin Luther King Park.

Councilmember Gregory wished a happy birthday to Councilmember Small.

The Presiding Officer stated that all cell phones must be turned off and dispensed with reading the following Rules concerning communications with the City Council with the exception of #1 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 four 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 May 3, 2016, were approved as submitted.

COMMUNICATIONS FROM THE MAYOR:

Mayor Stimpson recognized Employees of the Month from the Accounting Department for their work in implementing the City’s new accounting software program: Rebecca Christian, Cynthia Towner, Lona Whitlock, Randy Threadgill and Tammy Belcher. Pat Aldrich, Comptroller, spoke briefly regarding their accomplishments.

Mayor Stimpson gave an update on the demolition of the Gus Rehm Fire Station and the construction of the new Crichton station.

Mayor Stimpson discussed efforts to address the needs of the homeless.

Mayor Stimpson noted that the City was moving into the second phase of the M.A.P. for Mobile plan to overhaul zoning and land use regulations.

ADOPTION OF THE AGENDA:

Councilmember Richardson moved for the adoption of the agenda, which motion 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 agenda adopted.

APPEALS:

1.) The Council considered the request of Norman A. Lucas, II for a waiver of the Noise Ordinance at 1114 West Gimon Circle, Fry Park, on May 14, 2016, from 2:00 p.m. - 7:00 p.m. (District 3).

There being no objections, Councilmember Richardson moved that the waiver be granted, which motion was seconded by Councilmember Small, 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 waiver granted.

2.) The Council considered the request of Sennitra Gilliam-Hayes for a waiver of the Noise Ordinance on 2000 West Mott Drive on May 21, 2016, from 1:00 p.m. – 6:00 p.m. (District 1).

There being no objections, Councilmember Richardson moved that the waiver be granted, which motion was seconded by Councilmember Small, 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 waiver granted.

3.) The Council considered the request of Damien R. Powell and DeShaun Powell for a waiver of the Noise Ordinance at 3015 Jacob Drive on May 21, 2016, from 3:00 p.m. – 10:00 p.m. (District 3).

There being no objections, Councilmember Richardson moved that the waiver be granted, which motion was seconded by Councilmember Small, 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 waiver granted.

4.) The Council considered the request of Carlos Steele, for a waiver of the Noise Ordinance at 2067 Foster Lane on May 14, 2016, from 3:00 p.m. – 10:00 p.m. (District 3).

There being no objections, Councilmember Richardson moved that the waiver be granted, which motion was seconded by Councilmember Small, 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 waiver held over.

5.) The Council considered the request of Trina Nicholas for a waiver of the Noise Ordinance at 1335 Polaris Drive on May 21, 2016, from 11:00 a.m. – 10:00 p.m. (District 4).

There being no objections, Councilmember Richardson moved that the waiver be granted, which motion was seconded by Councilmember Small, 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 waiver, as amended, granted.

6.) The Council considered the request of Marian Tucei Clarke, Monterey North Street Association, for a waiver of the Noise Ordinance on North Monterey Street (between Dauphin Street and Old Shell Road) on May 14, 2016, from 6:00 p.m. – 10:00 p.m. (District 2).

There being no objections, Councilmember Richardson moved that the waiver be granted, which motion was seconded by Councilmember Small, 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 waiver, as amended, granted.

PUBLIC HEARINGS:

PUBLIC HEARING TO CONSIDER ASSENTING TO THE VACATION OF STREET RIGHT-OF-WAY ON THE SOUTH SIDE OF COTTAGE HILL ROAD, DIRECTLY IN FRONT OF LOT 3, COASTAL SUBDIVSION.

The Presiding Officer announced that today was the day for the public hearing to consider assenting to the vacation of street right-of-way on the south side of Cottage Hill Road, directly in front of lot 3, Coastal Subdivision and asked if there was anyone present to speak for or against this matter.

Mr. David Huggins appeared on behalf of Kirby Properties, LLC, and responded to questions from Councilmembers. There was no one present in opposition.

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 CONSIDER ASSENTING TO THE VACATION OF A PORTION OF THE RIGHT-OF-WAY OF ROYAL STREET.

The Presiding Officer announced that today was the day for the public hearing to consider assenting to the vacation of a portion of the right-of-way of Royal Street and asked if there was anyone present to speak for or against this matter.

Mr. Chris Arledge, 3030 Knollwood Drive, appeared on behalf of Mobile Area Water and Sewer Commissioners and responded to questions from Councilmembers. There was no one present in opposition.

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:

AGENDA ITEMS:

NON-AGENDA ITEMS:

1.) Ms. Paula Edmondson and Mr. Louis J. Lartigue, the Blue Star Salute Foundation of Alabama, spoke to the Council about the organization’s annual event to honor area military. This year’s salute will take place on Saturday, May 21, 2016, at the U. S. S. Alabama Battleship Memorial Park. As a part of the celebration there will be a reading of names from “The Wall That Heals” honoring the fallen from the Vietnam War.

Ms. Irene Antone, 2202 Clinton Street, addressed the Council pertaining to potholes on various streets throughout the City.

Mr. James L. Jackson, Jr., 224 Garrison Avenue, Prichard, of the New Black Panther Party, asked if there was anything the City could do to postpone or eliminate the proposed service cutbacks by the WAVE Transit. Councilmember Gregory advised that the City of Mobile does not have jurisdiction over the transit system.

RESOLUTIONS HELD OVER:

RECOMMEND APPROVAL TO THE ABC BOARD FOR ISSUANCE OF A RETAIL BEER/TABLE WINE (OFF PREMISES ONLY) LICENSE FOR FIRST STOP, 1275-A SPRINGHILL AVENUE. The following resolution which was introduced and read at the regular meeting of Tuesday, May 3, 2016, and held over until the regular meeting of Tuesday, May 10, 2016, was called up by the Presiding Officer.

RESOLUTION: 37-313-2016

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: Retail Beer/Table Wine (Off Premises)

Submitted by: Sai Darshan, LLC

Location: First Stop
1275-A Springhill Avenue
Mobile, AL 36604

The resolution was read by the City Clerk; whereupon Councilmember Manzie moved that the resolution be held over for two (2) weeks until the regular meeting of Tuesday, May 24, 2016, 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 held over.

RECOMMEND APPROVAL TO THE ABC BOARD FOR ISSUANCE OF A LOUNGE RETAIL LIQUOR CLASS II (PACKAGE STORE) LICENSE FOR FIRST STOP PACKAGE STORE, 1275-B SPRINGHILL AVENUE The following resolution which was introduced and read at the regular meeting of Tuesday, May 3, 2016, and held over until the regular meeting of Tuesday, May 10, 2016, was called up by the Presiding Officer.

RESOLUTION: 37-314-2016

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: Lounge Retail Liquor Class II (Package Store)

Submitted by: Sai Darshan, LLC

Location: First Stop Package Store
1275-B Springhill Avenue
Mobile, AL 36604

The resolution was read by the City Clerk; whereupon Councilmember Manzie moved that the resolution be held over for two (2) weeks until the regular meeting of Tuesday, May 24, 2016, 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 held over.

AUTHORIZE CONTRACT WITH JOHN G. WALTON CONSTRUCTION COMPANY, INC. FOR REHABILITATION AND RESURFACING OF PLEASANT VALLEY ROAD (FROM AZALEA ROAD TO MONTLIMAR DRIVE) (MOBILE CO 2014 PAYGO PROJ, MCR 2014-201); OLD SHELL ROAD (FROM EAST I-65 SERVICE ROAD TO FLORIDA STREET) (MOBILE CO 2014 PAYGO PROJ, MCR 2014-101; AND OLD SHELL ROAD (FROM WHITE LANE TO WEST 9-65 SERVICE ROAD) (COM 2016 CIP PROJ.-COM PROJECT NO. 2016-3005-29), $1,542,471.74 (D1,D5 AND D7) (2016 CIP-D7 #345-357). The following resolution which was introduced and read at the regular meeting of Tuesday, May 3, 2016, and held over until the regular meeting of Tuesday, May 10, 2016, was called up by the Presiding Officer.

RESOLUTION: 21-320-2016

Sponsored by: Councilmembers Richardson, Daves and 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: John G. Walton Construction Co., Inc.

Project name: Rehabilitation and Resurfacing of:
Pleasant Valley Rd. (from Azalea Rd. to Montlimar Dr.), Mobile Co 2014 PAYGO Proj, MCR 2014201 *Old Shell Rd. (from E. 1-65 Service Rd. to Florida St.), Mobile Co 2014 PAYGO Proj, MCR 2014-101 *Old Shell Rd. (from White Ln. to W. k65 Service Rd.), COM 2016 CIP Prog.; COM Project No. 2018-3005-29

Estimated Cost: $1,542,471.74

The resolution was read by the City Clerk; whereupon Councilmember Gregory moved that the resolution be adopted, which was seconded by Councilmember Manzie, following comments from Councilmembers Gregory, Daves and Richardson 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 THOMPSON ENGINEERING, INC. , FOR CITY OF MOBILE, ALABAMA CRUISE TERMINAL IMPROVEMENTS-CITY DOCK MAINTENANCE DREDGING PERMIT, $13,000.00 (CT-017-16; D2; CO259) The following resolution which was introduced and read at the regular meeting of Tuesday, May 3, 2016, and held over until the regular meeting of Tuesday, May 10 2016, was called up by the Presiding Officer.

RESOLUTION: 21-323-2016

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 on file in the office of the City Clerk.

Name of company: Thompson Engineering, Inc.

Project name: City of Mobile, Alabama Cruise Terminal Improvements
City Dock Maintenance Dredging Permit

Project number. CT-017-16

Amount: $13,000.00

The resolution was read by the City Clerk; whereupon Councilmember Manzie 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 CONTRACT WITH DELL CONSULTANT, LLC, FOR MOBILE MUSEUM OF ART-HUMIDIFIER REPLACEMENT, $8,750.00 (MY-159-16; D7; CO018) The following resolution which was introduced and read at the regular meeting of Tuesday, May 3, 2016, and held over until the regular meeting of Tuesday, May 10, 2016, was called up by the Presiding Officer.

RESOLUTION: 21-324-2016

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: Dell Consultant, LLC

Project name: Mobile Museum of Art - Humidifier Replacement

Project number: MU-159-16

Amount: $8,750.00

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

CONSENT RESOLUTIONS BEING INTRODUCED:

SUSPENSION OF THE RULES FOR IMMEDIATE CONSIDERATION OF CONSENT RESOLUTIONS 03-325 THROUGH 60-331 BEING INTRODUCED FOR FIRST TIME:

Councilmember Richardson moved for the suspension of the rules for the immediate consideration of Consent Resolutions 03-325 through 60-331. The motion was seconded by Councilmember Daves, and the vote was as follows:

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

The Presiding Officer declared unanimous consent granted for the items.

RE-APPOINT VICKERY JONES TO THE ADVISORY COMMISSION ON THE DISABLED. The following resolution was introduced by Councilmember Small.

RESOLUTIOIN: 03-325-2016

Sponsored by: Councilmember Small

BE IT RESOLVED BY THE CITY COUNCIL OF MOBILE, ALABAMA, that Vickery Jones is re-appointed to the Advisory Commission on the Disabled effective immediately for a term ending December 31, 2017.

The resolution was read by the City Clerk; whereupon Councilmember Small 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 SHAWN CONKLAN TO THE HISTORY MUSEUM OF MOBILE BOARD. The following resolution was introduced by Councilmember Small.

RESOLUTION: 03-326-2016

Sponsored by: Councilmember Gregory

BE IT RESOLVED BY THE CITY COUNCIL OF MOBILE, ALABAMA, that Shawn Conklan is appointed to fill an un-expired term to the History Museum of Mobile Board effective immediately for a term ending December 31, 2016.

The resolution was read by the City Clerk; whereupon Councilmember Small 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 RETAIL BEER/TABLE WINE (OFF PREMISES ONLY) LICENSE FOR ZEIGLER CHEVRON, 5454 ZEIGLER BOULEVARD. The following resolution was introduced by Councilmember Gregory.

RESOLUTION: 37-327-2016

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: Retail Beer/Table Wine (Off Premises Only)

Submitted by: Awasthi Oil Company, Inc.

Location: Zeigler Chevron
5454 Zeigler Boulevard
Mobile, AL 36608

The resolution was read by the City Clerk; whereupon Councilmember Gregory 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.

ASSESS COST FOR REMOVAL OF WEEDS, GROUP #1525. The following resolution was introduced by Councilmember Daves.

RESOLUTION: 58-328-2016

RESOLUTION ASSESSING THE COST OF REMOVAL OF NOXIOUS OR DANGEROUS WEEDS IN FRONT OF OR ON CERTAIN PARCELS OF LAND IN THE CITY OF MOBILE, ALABAMA

WHEREAS, an itemized report in writing has been made to the City Council of Mobile, showing the costs of removing noxious or dangerous weeds on or in front of the hereinafter described parcels of land, a copy of such report having first been posted on the Council Chamber door more than three days prior to the meeting at which the report was received, and the City Council having heard the report, together with any objections which may have been raised by any of the property owners liable to be assessed for the work of cutting such weeds, and the City Council being of the opinion that such report in all respects be confirmed:

IT IS THEREFORE RESOLVED BY THE CITY COUNCIL OF MOBILE as follows:

Section 1. The amount set opposite each described parcel of real property contained in exhibit "A," a copy of which is on file in the Office of the City Clerk and made a part hereof as though set forth in full and known as Group #1525 shall constitute special assessments against such respective parcels of land; and each such parcel of land is hereby assessed with the amount set opposite its description; and the assessment hereby made and confirmed shall constitute a lien on and against each such respective parcel of land for the amount of each respective assessment so made; and the report made to this body of the costs of removing the noxious or dangerous weeds on or in front of the respective parcels of land is hereby in all respects confirmed.

Section 2. It is directed that a copy of this resolution be delivered to the Tax Collector of the City of Mobile, and it shall be his duty to add the amounts of the above respective assessments to the next regular bills for ad valorem taxes levied against the said respective lots and parcels of land for municipal purposes, and such amounts shall be collected at the same time and in the same manner as ordinary municipal taxes are collected, and shall be subject to the same penalties and same procedure on foreclosure and sale as in the case of delinquency as provided for ordinary ad valorem taxes.

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.

AUTHORIZE REMOVAL OF WEEDS, GROUP #1537. The following resolution was introduced by Councilmember Daves.

RESOLUTION: 58-329-2016

A RESOLUTION DETERMINING WHAT OBJECTIONS SHALL BE ALLOWED AND WHAT OBJECTIONS SHALL 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 19 described in the resolution adopted on the 5th day of April, 2016, 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 hereby ascertained and determined that the dangerous and noxious weeds growing on the hereinafter 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 Numbers 1 through 19, as described in the resolution adopted on the 5th day of April, 2016, 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 PROVIDING FOR THE ABATEMENT OF SUCH NUISANCES."

(Lot Cleaning Liens, Group No. 1537, 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 the itemized costs with respect to each such lot 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 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 held over.

APPROVE AWARD OF SPECIAL BONUS TO REBECCA CHRISTIAN, CYNTHIA TOWNER, LONA WHITLOCK, RANDY THREADGILL AND TAMMY BELCHER AS PART OF THE MAYOR’S INCENTIVE PROGRAM, $500.00 EACH. The following resolution was introduced by Councilmember Gregory.

RESOLUTION: 60-330-2016

Sponsored by: Mayor Stimpson

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MOBILE, ALABAMA, that upon nomination by City supervisors and recommendation of the Mayor through the City of Mobile's Employee Recognition Program, the City Council hereby authorizes, pursuant to Section 11-40-22, Code of Alabama 1975, awards of $500, or the designated amount, to each of the employees on the list attached hereto as Exhibit A.

These employees and sworn and civilian personnel are to be commended for their exemplary work performance or innovations that significantly reduce costs or result in outstanding improvements in services to the public.

EXHIBIT A
City Employees - Employee of Month/Officer of Month
Christian, Rebecca Employee of the Month - April 2016
Towner, Cynthia Employee of the Month - April 2016
Whitlock, Lona Employee of the Month - April 2016
Threadgil,l Randy Employee of the Month - April 2016
Belcher, Tammy Employee of the Month - April 2016

The resolution was read by the City Clerk; whereupon Councilmember Gregory 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 held over.

APPROVE AWARD OF SPECIAL BONUS TO JERRY SMITH, JASON RANDOLPH, ROSS BRASWELL, JAMES RAMSEY AND JOSEPH HAND, AS PART OF THE MAYOR’S INVENTIVE PROGRAM. The following resolution was introduced by Councilmember Gregory.

RESOLUTION: 60-331-2016

Sponsored by: Councilmember Manzie

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MOBILE, ALABAMA, that upon nomination by City supervisors and recommendation of the Mayor through the City of Mobile's Employee Recognition Program the City Council hereby authorizes, pursuant to Section 11-40-22, Code of Alabama 1975, awards of $500, or the designated amount, to each of the employees on the list attached hereto as Exhibit A.

These employees and sworn and civilian personnel are to be commended for their exemplary work performance or innovations that significantly reduce costs or result in outstanding improvements in services to the public.

EXHIBIT A
City Employees— Employee of Month/Officer of Month
Smith, Jerry Employee of the Month April - 2016
Randolph, Jason Employee of the Month April - 2016
Braswell, Ross Employee of the Month April - 2016
Ramsey, James Employee of the Month April - 2016
Hand, Joseph Officer of the Month February - 2016

The resolution was read by the City Clerk; whereupon Councilmember Gregory 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.

CIP RESOLUTIONS BEING INTROCUED

SUSPENSION OF THE RULES FOR IMMEDIATE CONSIDERATION OF CIP RESOLUTION 21-333 BEING INTRODUCED FOR FIRST TIME:

Councilmember Richardson moved for the suspension of the rules for the immediate consideration of CIP Resolution 21-333. The motion was seconded by Councilmember Rich, Councilmember Williams noted that he would withhold his consent on suspending the rules for any CIP resolution over $50,000.00 and the vote was as follows:

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

The Presiding Officer declared unanimous consent granted for the items.

AUTHORIZE CONTRACT WITH SOUTHERN EARTH SCIENCES, INC. FOR ANN STREET, STREET AND DRAINAGE REHABILITATION, SECTION A, PART 2 (ARLINGTON STREET TO DOUGLAS), $58,000.00 (2016 CIP, D3 #163, COM PROJECT NO. 2011-202-09A). The following resolution was held over for one (1) week until the regular meeting of Tuesday, May 17, 2016.

RESOLUTION: 21-332-2016

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 file in the office of the City Clerk.

Name of company: Southern Earth Sciences, Inc.

Project name: 2016 CIP, D3 #163 Ann St., Street and
Drainage Rehabilitation, Section A, Part 2
(Arlington Street to Douglas) COM Project 2011-202-09A

Estimated cost: $58,000.00

AUTHORIZE CONTRACT WITH GEOTECHNICAL ENGINEERING AND TESTING, INC. FOR TRINITY GARDENS AREA-2016 STREET AND DRAINAGE IMPROVEMENTS (CARTER STREET, ESAU STREET, COLLINS STREET AND WARSAW STREET FROM MAIN STREET TO JESSIE STREET), $44,000.00 (2016 CIP, D1 #25, CO134). The following resolution was introduced by Councilmember Richardson.

RESOLUTION: 21-333-2016

Sponsored by: Councilmember Richardson 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: Geotechnical Engineering and Testing, Inc.

Project name: Trinity Gardens Area - 2016 Street and Drainage Improvements (Carter Street, Esau Street, Collins Street and Warsaw Street from Main Street to Jessie Street)

Estimated cost: $44,000.00

The resolution was read by the City Clerk; whereupon Councilmember Richardson moved that the resolution be adopted, which was seconded by Councilmember Gregory, 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 VOLKERT, INC. FOR ANN STREET-STREET AND DRAINAGE REHABILITATION, SECTION A (ARLINGTON STREET TO TENNESSEE STREET), $208,400.00 (2016 CIP, D3 #163, CO167). The following resolution was held over for one (1) week until the regular meeting of Tuesday, May 17, 2106.

RESOLUTION: 21-334-2016

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 amendment, by and between the City of Mobile and the company listed below. A copy of said executed contract amendment will be on file in the office of the City Clerk.

Name of company: Volkert, Inc.

Project name: 2016 CIP, D3 #163, Ann St.,
Street and Drainage Rehabilitation,
Section A (Arlington St. to Tennessee St.)

Increased amount: $208,400.00

AUTHORIZE CONTRACT WITH MCCRORY & WILLIAMS, INC., TWELVE MILE CREEK BANK STABILIZATION REPAIRS; 2016 DRAINAGE IMPROVEMENTS AND REPAIRS, GROUP B; LUCKNER COURT OUTFALL REPAIRS; AND THREE MILE CREEK @ BOWIE COURT, $179,600.00 (D3, 4, 5, 6 & 7) (COM 2016-3005-35A; COM 2016-3005-35C; & COM 2016-3005-35D) (2016 CIP D & #83, 2017 ADVANCED CAPITAL). The following resolution was held over for one (1) week until the regular meeting of Tuesday, May 17, 2106.

RESOLUTION: 21-343-2016

Sponsored by: Councilmembers Small, Williams, Daves, Rich
and 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: McCrory & Williams, Inc

Project name: Twelve Mile Creek Bank Stabilization Repairs
COM 2016-3005-35A 2016 Drainage Improvements and Repairs-Group B COM 2016-3005-35B Luckner Court Outfall Repairs COM 2016-3005-35C Three Mile Creek @ Bowie Court COM 2016-3605-35D

Estimated cost: $178,600.00

RESOLUTIONS BEING INTRODUCED:

AUTHORIZE A PROFESSIONAL SERVICES CONTRACT WITH MODERN COMMUNICATIONS GROUP, INC. D/B/A FORWARD CONSULTING, FOR VIDEO MANAGEMENT AND CONSULTING SERVICES, $72,000.00 (CITY-WIDE; DEPARTMENT 071). The following resolution was held over for one (1) week until the regular meeting of Tuesday, May 17, 2016.

RESOLUTION: 21-335-2016

Sponsored by: Councilmember Rich 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 execute and attest, respectively, for and on behalf of the City of Mobile, the Professional Services Contract between the City of Mobile and Modern Communications Group, Inc., d/b/a Forward Consulting, 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 A PROFESSIONAL SERVICES CONTRACT WITH JAMES L. BRAMBLETT D/B/A JAMES BRAMBLETT PRODUCTIONS, FOR PRODUCTION OF PUBLIC RELATIONS VIDEOS $56,880.26 (CITY-WIDE; DEPARTMENT 071). The following resolution was held over for one (1) week until the regular meeting of Tuesday, May 17, 2016.

RESOLUTION: 21-336-2016

Sponsored by: Councilmember Rich and Mayor Stimpson

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MOBILE, ALABAMA that the Mayor and 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 contract by and between the City of Mobile and James L. Bramblett, d/b/a Jim Bramblett Productions for services 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.

AUTHORIZE PROFESSIONAL SERVICES CONTRACT WITH MOFFATT & NICHOL FOR THE MOBILE BAY SHORE HABITAT AND ACQUISITION INITIATIVE, PHASE I, $1270,000.00 (CITY-WIDE); GRANT FUNDS, G-NFWF1). The following resolution was held over for one (1) week until the regular meeting of Tuesday, May 17, 2016.

RESOLUTION: 21-337-2016

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, the Professional Services Contract between the City of Mobile and Moffatt & Nichol. A copy of said Professional Services Contract is on file in the office of the City Clerk.

AUTHORIZE CONTRACT WITH CBA DESIGN, LLC D/B/A CASBURN BRETT ARCHITECTURE FOR MOBILE VISITOR’S CENTER-VISION PACKAGE, $12,500.00 (D2; CL-142-16; E0010). The following resolution was held over for one (1) week until the regular meeting of Tuesday, May 17, 2016.

RESOLUTION: 21-338-2016

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 on file in the office of the City Clerk.

Name of company: CBA Design, LLC d/b/a Casburn Brett Architecture

Project name: Mobile Visitor's Center - Vision Package

Project number: CL-142-16

Amount: $12,500.00

AUTHORIZE CONTRACT WITH BILL SMITH ELECTRIC, INC. FOR CITY OF MOBILE, ALABAMA CRUISE TERMINAL IMPROVEMENTS-MECHANICAL AND ELECTRICAL, $915,204.00 (D2; CT-017-16; STATE OF ALABAMA GENERAL OBLIGATION BOND SERIES 2016-A). The following resolution was held over for one (1) week until the regular meeting of Tuesday, May 17, 3016.

RESOLUTION: 21-339-2016

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 on file in the office of the City Clerk.

Name of company: Bill Smith Electric, Inc.

Project name: City of Mobile, Alabama Cruise Terminal Improvements
Mechanical and Electrical

Project number: CT-017-16

Amount: $915,204.00

AUTHORIZE CONTRACT WITH THOMPSON ENGINEERING, INC. FOR PROPOSED CRICHTON FIRE STATION SITE-PHASE II ENVIRONMENTAL SITE ASSESSMENT (ESA), $10,765.00 (D1; FD-131-16; CO098).The following resolution was held over for one (1) week until the regular meeting of Tuesday, May 17, 2016.

RESOLUTION: 21-340-2016

Sponsored by: Councilmember Richardson 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: Thompson Engineering, Inc.

Project name: Proposed Crichton Fire Station Site
Phase II Environmental Site Assessment (ESA)

Project number: FD-131-16

Amount: $10,765.00

ASSENT TO THE VACATION OF STREET RIGHT-OF-WAY ON THE SOUTH SIDE OF COTTAGE HILL ROAD, DIRECTLY IN FRONT OF LOT 3, COASTAL SUBDIVISION. The following resolution was held over for one (1) week until the regular meeting of Tuesday, May 17, 2016.

RESOLUTION: 47-341-2016

WHEREAS, Kirby properties, LLC, an Alabama limited liability company, O. A. Presnell, Jr., and the Davis Pilot Family Limited Partnership, an Alabama limited liability partnership, as the abutting property owners of the following described undeveloped service road located to the south of and adjacent to the existing right-of-way for Cottage Hill Road, have requested the Mobile City Council to assent to the vacation of the undeveloped right-of-way hereinafter described; and,

WHEREAS, it has been shown to the satisfaction of the Mobile City Council that the developed right-of-way formerly intended to accommodate a 40' service road is not needed as public road in the City of Mobile, Alabama, that the vacation of same will not deprive any other property owner of such right as such property owner may have to convenient and reasonable ingress and egress to and from such other property, and that it would be in the best interests of the City of Mobile to vacate the same; and,

WHEREAS, the abutting property owners, Kirby Properties, L.L.C., an Alabama limited liability company, O.A. Presnell, Jr., and The Davis Pilot Family Limited Partnership, an Alabama limited liability partnership, have all consented to this requested vacation of the developed right-of-way hereinafter described.

NOW, THEREFORE, BE IT RESOLVED by the Mobile City Council that its assent be, and it is hereby given to the Petitioner, Kirby Properties, L.L.C., an Alabama limited liability company, O.A. Presnell, Jr., and The Davis Pilot Family Limited Partnership, an Alabama limited liability partnership, as abutting property owners, to the vacation of the undeveloped right-of-way, more particularly described as follows, to wit:

BEGINNING AT THE NORTHWEST CORNER OF LOT 3, COASTAL SUBDIVISION, AS RECORDED IN MAP BOOK 47, PAGE 48, IN THE OFFICE OF THE JUDGE OF PROBATE COURT, MOBILE COUNTY, ALABAMA; THENCE RUN N 00° 13' 05" E, 40.44 FEET TO A POINT ON THE SOUTH RIGHT-OF-WAY LINE OF COTTAGE HILL ROAD; THENCE RUN N 81°44' 16" E, 6125 FEET TO THE P.C. OF A CURVE TO THE RIGHT, HAVING A RADIUS OF 913.19 FEET AND A DELTA ANGLE OF 09° 54' 19";THENCE RUN NORTHEASTWARDLY, ALONG SAID CURVE AND SOUTH RIGHT-OF-WAY LINE, AN ARC LENGTH OF 157.87 FEET (CHORD BEARS N 86° 41' 25" E, 157.67 FEET) TO A POINT; THENCE RUN S 00°13’ 05" W, 40.01 FEET TO A POINT ON A CURVE CONVEXING TO THE NORTH, HAVING A RADIUS OF 873.19 FEET AND A DELTA ANGLE OF 09° 58' 12"; THENCE RUN SOUTHWESTWARDLY, ALONG SAID CURVE, AN ARC LENGTH OF 151.94 FEET (CHORD BEARS S8 6°43; 22" W, 151.75 FEET) TO THE POINT. THEREOF; THENCE RUN S 81°44' 16" W, 67.22 FEET TO THE POINT OF BEGINNING.

Said tract of land contains 8,765.13 square feet.

BE IT FURTHER RESOLVED, by the Mobile City Council, that its assent be, and the same hereby is, given to vacate the undeveloped right-of-way described hereinabove located to the south of and adjacent to the existing easement for Cottage Hill Road subject to the following conditions:

(a) The Declaration of Vacation and this Resolution assenting to the vacation of said developed property, upon adoption by the Mobile City Council, be recorded in the Probate Court of Mobile County, Alabama, and a certified copy of the Resolution shall be immediately delivered to the Tax Assessor's Plat Room so that this property may be reassessed in the names the new owners;

(b) Any existing easement in favor of the Mobile Area Water and Sewer System or any other City of Mobile utility is excepted from this vacation and is retained in its favor to operate and maintain existing facilities until they are either relocated or abandoned.

(c) Alabama Power Company, which has consented to this vacation request, reserves all rights and privileges necessary and convenient for full enjoyment and use of its utility easement and/or facilities within the area to be vacated, including the right of ingress and egress, and the right to cut and/or trim trees/limbs which, in their sole opinion would interfere with their easement and/or facilities, and the right to prohibit the use of the land vacated in a manner which would violate the National Electric Safety Code.

ASSENT TO THE VACATION OF A PROTION OF THE RIGHT-OF-WAY OF ROYAL STREET. The following resolution was held over for one (1) week until the regular meeting of Tuesday, May 17, 2016.

RESOLUTION: 47-342-2016

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 ("MAWSS"), a public agency or instrumentality, COAL FREIGHT FORWARDING, f/k/a T.A. HALL CONTRACTORS, INC. ("CFF"), an Alabama corporation, and the ALABAMA STATE PORT AUTHORITY ("ASPA"), a public corporation of the State of Alabama, constitute all of the abutting landowners surrounding an unused portion of the Royal Street right-of-way where same intersects the North side of Virginia Street in the City of Mobile, Mobile County, Alabama, said right-of-way being more particularly described as follows, to-wit:

Commencing at the northwest corner of the intersection of Water Street and Virginia Street; thence north 81 degrees, 38 minutes, 01 seconds west, along the north right of way line of Virginia Street (50 foot right of way Byrd Plat) a distance of 451.81 feet to the point of beginning of the property herein described; thence continue north 81 degrees, 38 minutes, 01 seconds west, 50.00 feet; thence departing said north right of way line north 7 degrees, 53 minutes, 02 seconds east, 144.00 feet; thence run along the arc of a curve to the right having a radius of 386.97 feet, an arc distance of 17.94 feet (the chord bears north 72 degrees, 21 minutes, 07 seconds east, and measures 17.94 feet); thence run south 81 degrees, 38 minutes, 01 seconds east, 33.82 feet; thence run south 7 degrees, 53 minutes, 02 seconds west, 151.87 feet; to the point of beginning and containing 0.17 acres more or less. (7531 sq. ft.)

WHEREAS, said right-of-way constitutes an unused remnant of Royal Street which serves no public purpose since the remainder of the former Royal Street right-of-way on both the north and south sides of the lands described herein has previously been vacated and is not open the public; and,

WHEREAS, it has been shown to the satisfaction of the Mobile City Council that MAWSS, CFF and ASPA are the only owner of lands abutting said right of way of Royal Street;

WHEREAS, MAWSS, CFF and ASPA desire to vacate said unopened right of way of Royal Street, have requested the City of Mobile to vacate same, and have provided notice of their 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, MAWSS, CFF and ASPA have now submitted a request to the City of Mobile to vacate said unopened right of way of Royal Street more particularly described herein, being a public street lying with the city limits of the City of Mobile, Alabama, pursuant to Code 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 Royal Street 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 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 square footage of the area sought to be vacated and abutting tracts is as follows: 7,531 SF - area to be vacated; 11,665 SF - MAWSS tract; 13,136 SF - CFF tract; 8,098 SF - ASPA tract; and the current year assessed values as determined by the Mobile County Revenue Commissioner on all tracts that abut the right-of-way sought to be vacated are as follows: $5,620.00 - MAWSS tract; $7,460.00 - CFF tract; $933,720.00 - ASPA tract.

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

Commencing at the northwest corner of the intersection of Water Street and Virginia Street; thence north 81 degrees, 38 minutes, 01 seconds west, along the north right of way line of Virginia Street (50 foot right of way Byrd Plat) a distance of 451.81 feet to the point of beginning of the property herein described; thence continue north 81 degrees, 38 minutes, 01 seconds west, 50.00 feet; thence departing said north right of way line north 7 degrees, 53 minutes, 02 seconds east, 144.00 feet; thence run along the arc of a curve to the right having a radius of 386.97 feet, an arc distance of 17.94 feet (the chord bears north 72 degrees, 21 minutes, 07 seconds east, and measures 17.94 feet); thence run south 81 degrees, 38 minutes, 01 seconds east, 33.82 feet; thence run south 7 degrees 53 minutes, 02 seconds west, 151.87 feet; to the point of beginning and containing 0.17 acres more or less. (7531 sq. ft.)

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

ANNOUNCEMENTS

Councilmember Small announced that the Oakdale Community Action Group will meet tonight at 5:00 p.m. at Small’s Mortuary, and the Riverside Community Action Group will meet at 6:30 p.m. at Riverside Baptist Church. He urged all citizens to join a community action group in their area.

Councilmember Small gave an update on North Drive, which will be included in an upcoming CIP project. He encouraged citizens to call Mobile 311 with any issues they may have so that they can be brought to the City’s attention and possibly addressed with future projects.

Councilmember Rich thanked Jennifer White and Marybeth Bergin of the Traffic Engineering Department for meeting with neighborhood groups in her district to go over the Hillcrest Traffic Management Plan.

Councilmember Rich advised that there will be a patriotic concert in Medal of Honor Park on Monday, May 30, 2016.

Councilmember Rich applauded the Blue Star Salute Foundation of Alabama for their efforts in honoring the military.

Councilmember Richardson stated that he was pleased that the resolution for the geotechnical testing in Trinity Gardens for street and drainage repairs was approved today. He commented that closing ditches in Trinity Gardens has been a long-time goal for his district.

Councilmember Richardson said that he received a message from Police Chief James Barber indicating that crime is down in District 1 by 14.6%.

Councilmember Richardson urged the Administration to address paving issues on Glenwood Street, which is in poor condition.

Councilmember Manzie thanked Bill Harkins, Nick Amberger and Deidra Fairley for attending his recent community meeting held last week. He gave a report on his series of community meetings that have been held throughout the entire district over the past few months.

Councilmember Richardson stated that he has received a lot of positive feedback from the recent Mobile Youth Symphony concert held at the Michael C. Dow Amphitheater.

Councilmember Gregory reminded everyone of the ribbon-cutting ceremony for the new skateboard ramp at Langan Park on Friday, May 13, 2016, at 1:00 p.m.

The Presiding Officer adjourned the meeting at approximately 11:37 p.m.

Approved: May 17, 2016

_____________________________
COUNCIL PRESIDENT


_____________________________
CITY CLERK




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