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 31, 2016

MUNICIPAL BUILDING, MOBILE, ALABAMA, MAY 31, 2016

The Council of the City of Mobile, Alabama, met in the Pre-Council Conference Room of the Mobile Government Plaza on Tuesday, May 31, 2016, at 9:00 a.m.

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

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 31, 2016

The Council of the City of Mobile, Alabama, met in the Multi-Purpose Room of the Mobile Government Plaza on Tuesday, May 31, 2016, at 10:30 a.m., in regular meeting.

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

Minister Themotie Dinkins, Sr., New Generation Church, offered an invocation.

The Presiding Officer led the Pledge of Allegiance.

Present on Roll Call:

Chairman: Gregory
Councilmembers: Richardson, Manzie, Williams, Daves and Rich
Absent: Small

STATEMENT OF RULES BY COUNCIL PRESIDENT:

Councilmember Gregory asked everyone to remain standing in a moment of silence in honor of the passing of Ms. Fannie Isler, Holocaust survivor Agnes Tennenbaum and for the quick recovery of Councilmember C.J. Small.

Councilmember Gregory conveyed that Councilmember Small and his sister are still recovering in a hospital in Johannesburg, South Africa and asked for continued prayers.

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 24, 2016, were approved as submitted.

COMMUNICATIONS FROM THE MAYOR:

Mayor Stimpson recognized the following as “Employees of the Month” for May 2016:

Anthony Bass Right of Way Maintenance Division

Donnie Farnell Public Buildings

Heidi Robinson Police Safety

Mayor Stimpson announced that the Mobile Fire Rescue Department is receiving a $100,000.00 donation from ARC Terminals as part of their settlement for illegally storing sulfuric acid. The department plans to use the donation for hazardous materials equipment.

Councilmember Manzie presented 2016 Lundi Gras King James T. Laura, Jr., 2016 Lundi Gras Queen Marley Goolsby, Grand Marshall Judge Karlos Finley and First Lady of Lundi Gras Anchor Kelly Jones with certificates honoring the reorganization of the Order of the Doves. The mystic society was originally established in 1894 as the first black parading society to march in Mobile. In 2015 President Lorenzo A. Martin, Sr. led its reorganization as an integrated, open organization for men and women.

Mayor Stimpson mentioned resolution 28-023 on today’s agenda that will further streamline the process of addressing blight in the city.

MONTHLY FINANCE REPORT:

Executive Director of Finance Paul Wesch presented the following for the May Finance Report:

“Good morning. I apologize that this report is a week late; I was on vacation last week. The numbers for April, which is seven (7) months into the fiscal year, show a fairly steady, but unspectacular revenue growth. We are up about 1.9% over last year which is slower than earlier in the year for the year to date. We are about 2.6 over 2015 sales taxes into all funds. In checking with the County they are trending slightly ahead of us, but not by much. The State revenues year to date are up 5.7%. For a couple of years we were doubling what the state was doing. That seems to have turned the other way now.”

“We don’t know what the future holds, but right now it looks like steady growth. We are pretty much hitting our marks. Expenditures remain under control. We are running about 8.6% under budget for the year which is spectacular. Where we may have a little risk on the top side it looks like expenditures are holding steady and that should generate a good result for the year.”

“One of the things to keep in mind is that we do have a couple of uncontrollables that will impact the expenditures for the rest of the year. We had budgeted for the Civic Center to be closed by now. It will remain open so there will be some additional expenditures that are unbudgeted. The WAVE cuts took place a little bit later than we had anticipated because of the necessity of public hearings and certain delays in that process. We expect we may have a tight budget for the rest of the year. All in all it is a good result through seven (7) months.”

“2017 budgeting is in full swing. All departments submitted their budgets this past Friday which was the schedule. We are now examining cost centers. One example of an uncontrollable is our transfer to the Police and Fire Pension Fund for 2017 is going to be $3.6 million more than it is this current year. With our revenue up less than that you can see we will have some tight areas in the budget for next year. That transfer to the Police and Fire Pension Fund is in accordance with a statute that was designed to fund the unfunded liability that was found to exist about nineteen (19) years ago. That payment of unfunded liability accelerates toward the back end about 4% a year. This will become a larger number as we go. The total next year will be $19.1 million. To tell you how much that is it is 52% of Police and Fire payroll. That’s a large amount.”

“The thought is that for next year we will need to maintain tight control on the expenditure side while we wait to see if revenue starts to rebound. Can I answer any questions?”

Councilmember Rich asked if the expected growth for this fiscal year was 3%.

Mr. Wesch responded that 2.8% growth was budgeted and the actual is 2.6% which is .2% behind.

Councilmember Williams asked whether there something new that other counties and cities are doing to improve their revenues.

Mr. Wesch stated that the City will be polling other finance departments in larger cities around the state.

Councilmember Rich conveyed that she spoke with State Revenue Director Julie McGhee and was told that there will be a revenue stream that will come to the City based on a collection.

Mr. Wesch referred to a State statute that recently passed and that cities will only receive 40% of what they currently receive.

ADOPTION OF THE AGENDA:

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

Ayes: Richardson, Manzie, 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:

The Council considered the request of Aaron Demming for a waiver of the Noise Ordinance at 2361 Stanton Court on June 11, 2016, from 6:00 p.m. - 10:00 p.m. (District 1).

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

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

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

PRESENTATION OF PETITIONS AND OTHER COMMUNICATIONS TO THE COUNCIL:

AGENDA ITEMS:

NON-AGENDA ITEMS:

ORDINANCES HELD OVER:

AMEND AND ADOPT THE 2012 INTERNATIONAL PROPERTY MAINTENANCE CODE (CHAPTER 28, ARTICLE IV OF THE MOBILE CITY CODE). The following resolution which was introduced and read at the regular meeting of Tuesday, May 24, 2016, and held over until the regular meeting of Tuesday, May 31, 2016, was called up by the Presiding Officer.

ORDINANCE: 28-023-2016

Sponsored by: Councilmembers Manzie, Williams, Richardson, Small
and Daves and Mayor Stimpson

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

SECTION ONE. That CHAPTER 28, ARTICLE IV, of Mobile City Code, which adopts and amends the 2012 International Property Maintenance Code, is hereby amended to read as follows:

Amend 103.1 General, to read as follows: The Code Official, as designated pursuant to 103.2, or his/her designee, shall be responsible for enforcing the provisions of this code.

Amend 103.2 Appointment, to read as follows: The code official shall be designated by the Mayor.

Amend 103.3 Enforcement Officers, to read as follows: In accordance with the prescribed procedures of this jurisdiction and with the concurrence of the Mayor, the Code Official shall have the authority to designate enforcement officers, inspectors and other employees. Such employees shall have powers as delegated by the code official.

Amend 103.5 Fees, to read as follows: Any fees required for services under this code shall be due and payable prior to the rendering of the services.

Amend 104.5 Notices and orders, to read as follows: The Code Official, or his or her designee, shall issue all necessary notices of violation, municipal offense tickets, citations, uniform non traffic citation and complaint, or complaints and summons to ensure compliance with this code.

Amend 106.2 Notice of violation, to read as follows. The Code Official shall serve a notice of violation, order, or citation in accordance with Section 107.

Delete 106.3 Prosecution of violation as adopted, and amend to read as follows:

Any person failing to comply with a notice of violation or order served in accordance with Section 107 shall be deemed guilty of a misdemeanor or civil infraction as determined by the local municipality, and the violation shall be deemed a strict liability offense. If the notice of violation is not complied with, the code official shall institute the appropriate proceeding at law or in equity to restrain, correct or abate such violation, or to require the removal or termination of the unlawful occupancy of the structure in violation of the provisions of this code or of the order or direction made pursuant thereto. Any action taken by the authority having jurisdiction on such premises shall be charged against the real estate upon which the structure is located and shall be a lien upon such real estate.

Amend 106.4 Violation penalties, to read as follows:

It shall be unlawful for any person to violate any provision of this chapter. Upon conviction, any person violating this Chapter shall be assessed a fine of not less than $100 00 and not more than $500.00, plus court costs and fees. Every day a violation of this Chapter shall continue shall constitute a separate violation and offense. This section is expressly in addition to, and is not intended to limit or in any other manner affect the provisions for civil infractions in section 106.3 herein or under law.

Amend 107.1 Notice to owner or to person or persons responsible, to read as follows:

Whenever the Code Official determines that there has been a violation of this code or has grounds to believe that a violation has occurred, notice shall be given in the manner prescribed in Sections 107.2 and 107.3 to the owner or the person responsible for the violation as specified in this code. Notices for condemnation procedures shall, except in cases of Emergency Measures as described in Section 109, also comply with Section 108.3.

Amend 107.2 Form, to read as follows:

Such notice prescribed in Section 107.1 shall be in accordance with all of the following:

I. Be in writing;

2. Include a description of the real estate sufficient for identification;

3. Include a statement of the violation or violations and why the notice is being issued;

4. Include a correction order allowing a reasonable time to make the repairs and improvements required to bring the dwelling unit or structure into compliance with the provisions of this code.

5. Inform the property owner of the right to appeal.

6. Include a statement of the right to file a lien in accordance with Section 106.3.

Delete 107.3 Method of service as adopted, and amend to read as follows:

Such notice shall be deemed to be properly served if a copy thereof is:

I. Posted in a conspicuous place in or about the structure affected by such notice; and

2. Delivered personally, or, sent by certified and first class regular U.S. mail to "occupant" at the address of the property and to the last known address of the owner(s) and all other parties with a legal interest in the property as reflected in the records of the Revenue Commissioner and Probate Court of Mobile County, Alabama.

Delete 108 as adopted, and amend to read as follows:

108.1 General. When a structure or equipment is found by the code official to be unsafe, or when a structure is found unfit for human occupancy, or is found unlawful, such structure shall be condemned pursuant to the provisions of this code.

108.1.1 Unsafe structures. An unsafe structure is one that is found to be dangerous to the life, health, property or safety of the public or the occupants of the structure by not providing minimum safeguards to protect or warn occupants in the event of fire, or because such structure contains unsafe equipment or is so damaged, decayed, dilapidated, structurally unsafe or of such faulty construction or unstable foundation, that partial or complete collapse is possible.

108.1.2 Unsafe equipment. Unsafe equipment includes any boiler, heating equipment, elevator, moving stairway, electrical wiring or device, flammable liquid containers or other equipment on the premises or within the structure which is in such disrepair or condition that such equipment is a hazard to life, health, property or safety of the public or occupants of the premises or structure.

108.1.3 Structure unfit for human occupancy. A structure is unfit for human occupancy whenever the code official finds that such structure is unsafe, unlawful or, because of the degree to which the structure is in disrepair or lacks maintenance, is insanitary, vermin or rat infested, contains filth and contamination, or lacks ventilation, illumination, sanitary or heating facilities or other essential equipment required by this code, or because the location of the structure constitutes a hazard to the occupants of the structure or to the public.
108.1.4 Unlawful structure. An unlawful structure is one found in whole or in part to be occupied by more persons than permitted under this code, or was erected, altered or occupied contrary to law.

108.1.5 Dangerous structure or premises. For the purpose of this code, any structure or a premise that has any or all of the conditions or defects described below shall be considered dangerous:

I. Any door, aisle, passageway, stairway, exit or other means of egress that does not conform to the approved building or fire code of the jurisdiction as related to the requirements for existing buildings.

2. The walking surface of any aisle, passageway, stairway, and exit or other means of egress is so warped, worn loose, tom or otherwise unsafe as to not provide safe and adequate means of egress.

3. Any portion of a building, structure or appurtenance that has been damaged by fire, earthquake, wind, flood, deterioration, neglect, abandonment, vandalism or by any other cause to such an extent that it is likely to partially or completely collapse, or to become detached or dislodged.

4. Any portion of a building, or any member, appurtenance or ornamentation on the exterior thereof that is not of sufficient strength or stability, or is not so anchored, attached or fastened in place so as to be capable of resisting natural or artificial loads of one and one-half the original designed value.

5. The building or structure, or part of the building or structure, because of dilapidation, deterioration, decay, faulty construction, the removal or movement of some portion of the ground necessary for the support, or for any other reason, is likely to partially or completely collapse, or some portion of the foundation or underpinning of the building or structure is likely to fail or give way.

6. The building or structure, or any portion thereof, is clearly unsafe for its use and occupancy.

7. The building or structure is neglected, damaged, dilapidated, unsecured or abandoned so as to become an attractive nuisance to children who might play in the building or structure to their danger, becomes a harbor for vagrants, criminals or immoral persons, or enables persons to resort to the building or structure for committing a nuisance or an unlawful act.

8. Any building or structure has been constructed, exists or is maintained in violation of any specific requirement or prohibition applicable to such building or structure provided by the approved building or fire code of the jurisdiction, or of any law or ordinance to such an extent as to present either a substantial risk of fire, building collapse or any other threat to life and safety.

9. A building or structure, used or intended to be used for dwelling purposes, because of inadequate maintenance, dilapidation, decay, damage, faulty construction or arrangement, inadequate light, ventilation, mechanical or plumbing system, or otherwise, is determined by the code official to be unsanitary, unfit for human habitation or in such a condition that is likely to cause sickness or disease.

10. Any building or structure, because of a lack of sufficient or proper fire resistance-rated construction, fire protection systems, electrical system, fuel connections, mechanical systems, plumbing system or other cause, is determined by the code official to be a threat to life or health.

11. Any portion of a building remains on a site after the demolition or destruction of the building or structure or whenever any building or structure is abandoned so as to constitute such building or portion thereof as an attractive nuisance or hazard to the public. 108.2 Closing of vacant structures. If the structure is vacant and unfit for human habitation and occupancy, and is not in danger of structural collapse, the code official is authorized to post a placard of condemnation on the premises and order the structure closed up so as not to be an attractive nuisance. Upon failure of the owner to close up the premises within twenty (2 0) days of the order, the code official shall cause the premises to be closed and secured through any available public agency or by contract or arrangement by private persons and the cost thereof, plus a fee equal to all direct and indirect costs incurred with administration and enforcement of this section in regard of the structure shall be charged against the real estate upon which the structure is located and shall be a lien upon such real estate and may be collected by any other legal resource.

108.2.1 Authority to disconnect service utilities. The code official shall have the authority to authorize disconnection of utility service to the building, structure or system regulated by this code and the referenced codes and standards set forth in Section 102.7 in case of emergency where necessary to eliminate an immediate hazard to life or property or when such utility connection has been made without approval. The code official shall notify the serving utility and, whenever possible, the owner and occupant of the building, structure or service system of the decision to disconnect prior to taking such action. If not notified prior to disconnection the owner or occupant of the building structure or service system shall be notified in writing as soon as practical thereafter.

108.3 Notice. Whenever the code official has condemned a structure or equipment under the provisions of this section, notice shall be posted in a conspicuous place in or about the structure affected by such notice and served on the owner or the person or persons responsible for the structure or equipment in accordance with Section 107.3. If the notice pertains to equipment, it shall also be placed on the condemned equipment. The notice shall be in the form prescribed in Section 107.2.

108.4 Placarding. Upon failure of the owner or person responsible to comply with the notice provisions within the time given, the code official shall post on the premises or on defective equipment a placard bearing the word "Condemned" and a statement of the penalties provided for occupying the premises, operating the equipment or removing the placard.

108.4.1 Placard removal. The code official shall remove the condemnation placard whenever the defect or defects upon which the condemnation and placarding action were based have been eliminated. Any person who defaces or removes a condemnation placard without the approval of the code official shall be subject to the penalties provided by this code.

108.5 Prohibited occupancy. Any occupied structure condemned and placarded by the code official shall be vacated as ordered by the code official. Any person who shall occupy placarded premises or shall operate placarded equipment, and any owner or any person responsible for the premises who shall let anyone occupy placarded premises or operate placarded equipment shall be liable for the penalties provided by this code.

108.6 Abatement methods. The owner, operator or occupant of a building, premises or equipment deemed unsafe by the code official shall abate or cause to be abated or corrected such unsafe conditions either by repair, rehabilitation, demolition or other approved corrective action.

108.7 Record. The code official shall cause a report to be filed on an unsafe condition. The report shall state the occupancy of the structure and the nature of the unsafe condition.

Amend 109.1 Imminent Danger, to read as follows. When in the opinion of the Code Official there is imminent danger of failure or collapse of a building or structure which endangers life, or when any structure or part of a structure has fallen and life is endangered by the occupation of the structure, or when there is actual or potential danger to the building occupants or those in the proximity of any structure because of explosives. explosive fumes or vapors or the presence of toxic fumes, gases or materials, or operation of defective or dangerous equipment, the Code Official is hereby authorized and empowered to order and require the occupants to vacate the premises forthwith. The Code Official shall cause to be posted at each entrance to such structure a notice reading as follows: "This Structure Is Unsafe and Its Occupancy Has Been Prohibited by the Code Official." It shall he unlawful for any person to enter such structure except for the purpose of securing the structure, making the required repairs removing the hazardous condition or of demolishing the same.

Add 1093 Closing streets, to read as follows: When necessary for public safety, the code official shall temporarily close structures and close, or order the authority having jurisdiction to close, sidewalks, streets, public ways and places adjacent to unsafe structures, and prohibit the same from being utilized.

Add 109.4 Emergency repairs, to read as follows: For the purposes of this section, the code official shall employ the necessary labor and materials to perform the required work as expeditiously as possible.

Add 109.5 Costs of emergency repairs, to read as follows: Costs incurred in the performance of emergency work shall be paid by the jurisdiction. The legal counsel of the jurisdiction shall institute appropriate action against the owner of the premises where the unsafe structure is or was located for the recovery of such costs.

Add 109.6 Hearing, to read as follows: Any person ordered to take emergency measures shall comply with such order forthwith. Any affected person shall thereafter, upon petition directed to the appeals board, be afforded a hearing as described in this code.

Add 111.1 Application for Appeal, to read as follows: Any person directly affected by a decision of the code official or a notice or order issued under this code shall have the right to appeal to the board of appeals, provided that a written application for appeal is filed within 20 days after the day the decision, notice or order was served. An application for appeal shall be based on a claim that the true intent of this code or the rules legally adopted thereunder have been incorrectly interpreted, the provisions of this code do not fully apply, or the requirements of this code are adequately satisfied by other means.

SECTION TWO. Effective Date. This Ordinance, and the amendments to the Property Maintenance Code made by this Ordinance, shall be in MI force and effect from and after its adoption and publication as required by law.

SECTION THREE. Severability. The provisions of this Ordinance are severable. If any part of this Ordinance is declared invalid or unconstitutional by a court of competent jurisdiction, that declaration shall not affect the part or parts that remain.

SECTION FOUR. Conflicts. All ordinances and laws, or parts thereof, which are in conflict with the provisions of this Ordinance, are hereby repealed.

The ordinance was read by the City Clerk; whereupon Councilmember Daves moved that the ordinance be adopted, which was seconded by Councilmember Manzie, after comments from Councilmembers Rich and Gregory the vote was as follows:

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

The Presiding Officer declared the ordinance adopted.

REZONE PROPERTY AT 300 NORTH WATER STREET AND 305 DELCHAMPS DRIVE (SOUTHEAST CORNER OF ADAMS STREET AND NORTH WATER STREET, EXTENDING TO THE NORTHWEST CORNER OF CONGRESS STREET AND DELCHAMPS DRIVE) FROM I-1 TO B-4. The following resolution which was introduced and read at the regular meeting of Tuesday, May 24, 2016, and held over until the regular meeting of Tuesday, May 31, 2016, was called up by the Presiding Officer.

ORDINANCE: 64-024-2016

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:

BEGIN AT THE NORTHEAST CORNER OF LOT 1, BLOCK 36-D, FOURTH UNIT, WATER STREET AREA URBAN REVEWAL PROJECT, ALABAMA R-34 SUBDIVISION, AS RECORDED IN MAP BOOK 121, PAGE 6 OF THE RECORDS IN THE OFFICE OF THE JUDGE OF PROBATE, MOBILE COUNTY, ALABAMA THENCE RUN N67° 09'23"E 28.32' TO A POINT ON THE SOUTH RIGHT OF WAY LINE OF ADAMS STREET; THENCE RUN S22° 47'46"E, 174.63' TO A POINT; THENCE RUN S31° 05'54"W, 20.65' TO A POINT ON THE EAST RIGHT OF WAY OF NORTH WATER STREET; THENCE RUN N59° 16'52"W, 151.27' ALONG SAID RIGHT OF WAY TO A POINT; THENCE RUN ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 36.50', AN ARC LENGTH OF 57.33', A DELTA ANGLE OF 90° 00'00"TO A POINT; THENCE ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 71.96 FEET, AN ARC LENGTH OF 45.83', A DELTA ANGLE OF 36° 29'15"TO A POINT ALONG THE SOUTH RIGHT OF WAY OF ADAMS STREET; THENCE N67° 12'20"E, 27.88' TO THE POINT OF BEGINNING OF LOT 1; LOT 1 CONTAINS 0.33 ACRE, MORE OR LESS. COMMENCE A THE NORTHEAST CORNER OF LOT 1, BLOCK 36-D, FOURTH UNIT, WATER STREET AREA URBAN RENEWAL PROJECT, ALABAMA R-34 SUBDIVISION, AS RECORDED IN MAP BOOK 121, PAGE 6 OF THE RECORDS IN THE OFFICE OF THE JUDGE OF PROBATE, MOBILE COUNTY, ALABAMA. THENCE RUN N67° 09'25"E, 28.32' TO THE POINT OF BEGINNING OF THE PROPERTY HEREIN DESCRIBED; THENCE RUN N67° 02'24"E, 468.12'ALONG THE RIGHT OF ADAMS STREET TO A POINT AT THE INTERSECTION OF ADAMS STREET AND DELCHAMPS DRIVES; THENCE RUN S11°25'32"E, 365.60 FEET ALONG THE WESTERN RIGHT OF WAY OF DELCHAMPS DRIVE TO A POINT AT THE INTERSECTION OF DELCHAMPS DRIVE AND CONGRESS STREET; THENCE RUN S67° 11'55"W, 286.60 FEET TO A POINT AT THE INTERSECTION OF CONGRESS STREET PAGE 2 AN ORDINANCE AND WATER STREET; THENCE RUN N59° 16'52"W, 211.83 FEET ALONG THE EASTERN RIGHT OF WAY LINE OF WATER STREET TO A POINT THENCE RUN S31° 05'54"W, 20.65 FEET TO A POINT; THENCE RUN NORTH 22° 47'46W, 174.63 FEET TO THE POINT OF BEGINNING OF LOT 2; LOT 2 CONTAINS 3.37 ACRES MORE OR LESS.

The classification of said property is hereby changed from 1-1. Light-Industry District, to B-4, General 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-4, 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-4, until all of the conditions set forth below have been complied with: 1) limited to an approved Planned Unit Development; 2) completion of the subdivision process; and 3) If Building Permits are not issued within one year of approval, the zoning shall revert back to I-I; and 4) full compliance with all municipal codes and ordinances.

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

The ordinance was read by the City Clerk; whereupon Councilmember Manzie moved that the resolution be adopted, which was seconded by Councilmember Daves, after comments from Councilmembers Rich and Gregory the vote was as follows:

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

The Presiding Officer declared the ordinance adopted.

AMEND CHAPTER 64 OF THE MOBILE CITY CODE TO ELIMINATE CONFLICT BETWEEN THE OFF-STREET PARKING REQUIREMENTS AND THE DOWNTOWN DEVELOPMENT DISTRICT CODE AND DESCRIBE EXEMPTED AREAS. The following resolution which was introduced and read at the regular meeting of Tuesday, May 24, 2016, and held over until the regular meeting of Tuesday, May 31, 2016, was called up by the Presiding Officer.

ORDINANCE: 64-025-2016

Sponsored by: Mayor Stimpson

AN ORDINANCE TO AMEND CHAPTER 64, MOBILE CITY CODE, AS AMENDED, TO ELIMINATE CONFLICT BETWEEN THE OFF-STREET PARKING REQUIREMENTS AND THE DOWNTOWN DEVELOPMENT DISTRICT CODE, AND TO DESCRIBE AND EXEMPT AN AREA EAST OF WATER STREET AND WEST OF THE MOBILE RIVER FROM THE OFFSTREET PARKING REQUIREMENTS.

BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MOBILE, ALABAMA THAT CHAPTER 64 OF THE MOBILE CITY CODE, "ZONING," IS HEREBY AMENDED AS FOLLOWS:

Section 1. Section 64-6.A. I of the Mobile City Code, as amended, is hereby amended and reading in its entirety as follows:

Sec. 64-6. Off-street parking and off-street truck loading.
A. Off-street parking requirements.

1. Provision and maintenance required. The off-street facilities herein required shall be provided in at least the amount and maintained in the manner herein set forth; provided, however, that off-street parking facilities in excess of the amounts heretofore required by law, need be neither provided nor maintained for land actually used or for structures actually existing (whether occupied or vacant) on the effective date of this ordinance unless, after the effective date of this ordinance such land, structures, or uses are enlarged, expanded or changed, in which event the land, structures, and uses hereby excluded shall not be used, occupied, or operated unless there is provided for the increment only of such land, structures, and uses, and maintained as herein required, at least the amount of off-street parking facilities that would be required hereunder if the increment were a separate land, structure, or use.

The area bounded by Beauregard Street on the North, the Mobile River on the East, Eslava Street on the South, and Water Street on the West, shall be exempt from the off-street parking requirements.

Section 2. If any section, subsection, clause or phrase of this Ordinance is for any reason held to be unconstitutional or otherwise invalid by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance.

Section 3. This Ordinance shall be in full force and effect from and after its adoption and publication as required by law.

The ordinance was read by the City Clerk; whereupon Councilmember Richardson moved that the resolution be adopted, which was seconded by Councilmember Manzie, after comments from Councilmembers Rich and Gregory the vote was as follows:

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

The Presiding Officer declared the ordinance adopted.

RESOLUTIONS HELD OVER:

AUTHORIZE A SPECIAL ECONOMIC DEVELOPMENT GRANT AGREEMENT WITH RPI BEL AIR MALL, LLC RELATED NOTICE AND SPECIAL ECONOMIC DEVELOPMENT GRANT AGREEMENT (MAXIMUM $7.5 MILLION FROM INCREASED SALES TAX). 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 held over until the regular meeting of Tuesday, May 17, 2016 and held over for two (2) weeks until the regular meeting of Tuesday May 31, 2016, was called up by the Presiding Officer.

RESOLUTION: 01-322-2016

Sponsored by: Mayor Stimpson

Section 1. The City has heretofore, upon evidence duly presented to and considered by it, found and determined, and does hereby find, determine and declare that:

(a) RPI Bel Air Mall, LLC ("Bel Air") owns certain property located in the City defined as the Project Site in the Development Agreement (defined below) and Bel Air desires to develop and redevelop the Project Site for commercial and retail purposes which will require capital improvements and related Project (as defined in the Development Agreement) costs in the amount of $25,000,000 or more and will include various interior cosmetic renovations, renovations of existing facades, improvements to the site landscaping and access, and renovations of the exterior to implement exterior-facing retail and restaurant spaces and a new grand entry feature all as described in the Development Agreement.

(b) The City and Bel Air propose to execute and deliver a Special Economic Development Grant and Project Agreement (the "Development Agreement") in order to induce Bel Air to further develop and expand its operations within the City.

(c) The Development Agreement will be executed and delivered by Bel Air and the City.

(d) Pursuant to Amendment No. 772 to the Constitution of Alabama of 1901, as amended ("Amendment No. 772"), the City has caused the Notice attached hereto as Exhibit A (the "Notice") to be published on April 22, 2016 in The Press-Register with respect to certain actions proposed to be taken, and the Development Agreement proposed to be made and delivered, by the parties, to provide for the economic development of the City thereby. The information set forth in the Notice is true and correct and the publication of the Notice is hereby ratified and confirmed.

(e) The Development Agreement has been made available for public inspection with respect to the transactions described in the Notice and the undertakings by the City in connection therewith.

(f) The expenditure of public funds for the purposes specified in the Notice and the
Development Agreement will serve a valid and sufficient public purpose, notwithstanding any incidental benefit accruing to any private entity or entities.

(g)The City seeks to achieve, by undertaking its obligations pursuant to the Development Agreement, to promote the local economic and commercial development of the City; to promote the expansion and retention of business enterprise within the City; to increase employment in the City; to promote and develop for the public good and welfare trade, commerce, industry, and employment opportunities in the City; to increase the tax and revenue base of the City and property values of the City; and to promote the convenience, order, prosperity and welfare of its citizens. The increased tax revenues, additional economic activity, creation of new jobs and the other benefits will directly benefit the City.

(h) It is necessary, desirable, and in the best interests of the taxpayers and citizens of the City for the City to deliver and perform the agreements and undertakings of the City set forth in the Development Agreement.

Section 2. The City does hereby approve, ratify and confirm (i) the form and content of, and the statements set forth in, the Notice and (ii) the publication of the Notice as set forth in Section 1 of this resolution.

Section 3. The City does hereby approve, adopt, authorize, direct, ratify and confirm the representations, agreements and covenants of the City set forth in, and the transactions to be undertaken by the City pursuant to, the Development Agreement.

Section 4. The Development Agreement is approved in substantially the form and the content attached hereto as Exhibit B.

Section 5. The Development Agreement presented to, considered and adopted by the City Council shall be filed in the permanent records of the City.

Section 6. The Mayor of the City is hereby authorized to execute, acknowledge and deliver on behalf of the City a Development Agreement in substantially the form attached hereto as Exhibit B, with any revisions thereto as may be approved by the Mayor of the City, with such execution and delivery to be conclusive proof of the Mayor's approval.

Section 7. The officers of the City, or any one or more of them, are hereby authorized and directed to do and perform or cause to be done or performed in the name and on behalf of the City such other acts, and execute, deliver, file and record such other instruments, documents, certificates, notifications and related documents, all as shall be required by law or necessary or desirable to carry out the provisions and purposes of this Resolution and the Development Agreement.

Section 8.

(a) All ordinances, resolutions, orders, or parts thereof in conflict or inconsistent with any provision herein hereby are, to the extent of such conflict or inconsistency, repealed. (b) This resolution shall take effect immediately.

EXHIBIT “A”:

LEGAL NOTICE OF PUBLIC MEETING OF THE CITY OF MOBILE CITY COUNCIL

Regarding Economic Development Action under Alabama Constitutional Amendment No. 772 for RPI Bel Air Mall, LLC

Notice is hereby given that the City Council (the "City Council") of the City of Mobile, Alabama (the "City") will meet in public session at 10:30 a.m. on Tuesday, May 3, 2016, in City Hall in the City for the purpose of consideration of the transaction of any business that may properly come before the City Council; such business to include, but not be limited to, the authorization by the City Council pursuant to Amendment No. 772 of the Constitution of Alabama of 1901, as amended, of a resolution (the "Resolution") authorizing the execution and delivery of a Special Economic Development Grant and Project Agreement by the City (the "Development Agreement") to be entered by RPI Bel Air Mall, LLC (the "Developer"), as more particularly described hereinbelow. If the Resolution is held over pursuant to City Council rules, the City Council will meet in public session at 10:30 a.m. on Tuesday, May 10, 2016, in City Hall in the City for the purpose of consideration of the transaction of any business that may properly come before the City Council; such business to include, but not be limited to, the authorization by the City Council of the Resolution.

The Development Agreement will be executed and delivered by the Developer to the City.

The Developer intends to develop and redevelop the Project Site (as defined in the Development Agreement) for retail and commercial purposes which will require capital improvements and related Project (as defined in the Development Agreement) costs in the amount of $25,000,000 or more and will include renovations of existing facades, improvements to the site landscaping and access, and renovations of the exterior to implement exterior-facing retail and restaurant spaces and a new grand entry feature (the "Improvements" together with the Project Site, collectively, the "Project"). The Developer will be the direct beneficiary of the Development Agreement and the Incentive (as defined below).

Pursuant to Amendment No. 772 of the Constitution of Alabama of 1901, as amended, and the Development Agreement, for the purpose of economic development of the City, the City will provide to the Developer certain funds of the City in consideration, and for the purpose, of the development of the Project to be located within the City.

As described in the Development Agreement, the City will pay to the Developer amounts equal to a portion of the increased sales tax revenues received pursuant to increased sales at the Project, not to exceed $500,000 annually, and received by the City until the earlier of (i) the amount paid to the Developer equals $7,500,000 or (ii) the fifteenth anniversary of the Sales Tax Incentive Commencement Date (as defined in the Development Agreement) (the "Incentive").

The Development Agreement will be issued and delivered by the City pursuant to Amendment No. 772 to the Constitution of Alabama of 1901, as amended. The amounts payable by the City under the Development Agreement are payable only from the revenues of the increased sales tax revenues described in the Development Agreement as collected and received by the City, and shall not constitute a general obligation, or charge against the general credit or taxing power of the City. The Development Agreement will be effective on the date of execution by both parties and delivery of the Development Agreement to the City.

The City seeks to achieve, by undertaking its obligations pursuant to the Development Agreement, to promote the local economic and commercial development of the City; to increase employment in the City and to promote and develop for the public good and welfare trade, commerce, industry, and employment opportunities in the City; and to promote the convenience, order, prosperity and welfare of its citizens. The increased property values, increased tax revenues, additional economic activity, creation of new jobs and the other benefits described herein will directly benefit the City and serve a valid and sufficient public purpose. The company to whom and for whose benefit the City proposes to grant public funds or thing of value is the Developer.

The City Council expects to determine at its public meeting that the grant of funds and things of value in connection with the transaction described above will serve a valid and sufficient public purpose, notwithstanding any incidental benefit accruing to the Developer or any other private entity or entities.

All interested persons may examine and review the Development Agreement and all relevant documents pursuant to which the Incentive is to be issued, and make copies thereof at their personal expense, at the offices of the City Clerk of the City in City Hall, Mobile, Alabama, during normal business hours, before and after the meeting of the City Council referenced herein.

Further information concerning the information in this Notice may be obtained from the City Clerk of the City at the offices thereof in City Hall during normal business hours.

Councilmember Daves moved to hold over the item for one (1) week until the regular meeting of Tuesday, June 7, 2016. The motion was seconded by Councilmember Gregory, and the vote was as follows:

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

The Presiding Officer declared the resolution held over.

RE-ALLOCATE $439,745.31 FROM CAPITAL PROJECT C0053, CS-ZEIGLER-FORREST HILL TO ATHEY TO C0118 RESURFACING-4 CENT ROADWAY MAINTENANCE TAX FUND 2108-2008 G.O. CAPITAL IMPROV WARRANT. The following resolution which was introduced and read at the regular meeting of Tuesday, May 24, 2016, until the regular meeting of Tuesday May 31, 2016, was called up by the Presiding Officer.

RESOLUTION: 09-361-2016

Sponsored by: Mayor Stimpson

WHEREAS, THE CITY COUNCIL OF THE CITY OF MOBILE adopted ordinance Number 84-009 on January 22, 2008 authorizing the issuance of the Series 2008 General Obligation Warrants; and including in its list of Capital Improvements CS-Zeigler-Forrest Hill to Athey; and

WHEREAS, the aforementioned Ordinance authorizes the City to supplement or revise the list of Capital Improvements to be paid from the proceeds of Warrants by resolution or ordinance; and

WHEREAS, the Council has received an opinion of counsel that the use of the proceeds of the Warrants for the capital improvement project listed below is authorized by law and will not result in the interest income on the Warrants becoming subject to federal income taxation; and

THEREFORE, BE IT FURTHER RESOLVE!) BY THE CITY COUNCIL OF THE CITY OF MOBILE, ALABAMA, that the sum of $439,745.31 in Capital Project C0053 CS-Zeigler-Forrest Hill to Athey be reallocated to Capital Project C0118 Resurfacing-4 Cent Roadway Maintenance Tax.

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, Williams, Daves, Rich and Gregory
Nays: None

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

RE-ALLOCATE $120,140.33 FROM CAPITAL PROJECT C0163, PARKS-PUBLIC SAFETY MEMORIAL-SKATEBOARD PARK IN THE MUNICIPAL GOVERNMENT CAPITAL IMPROVEMENT FUND 2010 TO CAPITAL PROJECT C0074, PARKS-PUBLIC SAFETY MEMORIAL PARK-DISTRICT 5. The following resolution which was introduced and read at the regular meeting of Tuesday, May 24, 2016, until the regular meeting of Tuesday May 31, 2016, was called up by the Presiding Officer.

RESOLUTION: 09-362-2016

Sponsored by: Councilmember Daves and Mayor Stimpson

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MOBILE, ALABAMA, that the sum of $120,140.33 be re-allocated from Capital Project C0163 Parks-Public Safety Memorial-Skateboard Park in the Municipal Government Capital Improvement Fund 2010 to Capital Project C0074 Parks-Public Safety Memorial Park-District 5.

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, Williams, Daves, Rich and Gregory
Nays: None

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

RE-ALLOCATE $439,745.31 FROM CAPITAL PROJECT C0118, RESURFACING-4 CENTER ROADWAY MAINTENANCE IN THE CAPITAL IMPROVEMENT FUND 2000 TO C0053, CS-ZEIGLER-FORREST HILL TO ATHEY. The following resolution which was introduced and read at the regular meeting of Tuesday, May 24, 2016, until the regular meeting of Tuesday May 31, 2016, was called up by the Presiding Officer.

RESOLUTION: 09-363-2016

Sponsored by: Councilmember Richardson and Mayor Stimpson

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MOBILE, ALABAMA, that the sum of $439,745.31 be reallocated from Capital Project C0118 Resurfacing-4 Cent Roadway Maintenance in the Capital Improvement Fund 2000 to Capital Project C0053 CS-Zeigler-Forrest Hill to Athey.

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, 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 TAG/THE ARCHITECT GROUP, INC. FOR CITY OF MOBILE, ALABAMA CRUISE TERMINAL IMPROVEMENTS-CONSTRUCTION MANAGEMENT SERVICES, $38,000.00 (D2; CT-017-16; CO259). The following resolution which was introduced and read at the regular meeting of Tuesday, May 24, 2016, until the regular meeting of Tuesday May 31, 2016, was called up by the Presiding Officer.

RESOLUTION: 21-364-2016

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: TAG/The Architects Group, Inc.

Project name: City of Mobile, Alabama Cruise Terminal Improvements
Construction Management Services

Project number: CT-017-16

Amount: $38,000.00

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

Ayes: Richardson, Manzie, 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 WILLARD ROGERS PAINTING CONTRACTORS, INC. FOR MOBILE CARNIVAL MUSEUM-FENCE AND RAILING REPAIR AND REPAINTING, $49,000.00 (D2; MU-152-16; CO032). The following resolution which was introduced and read at the regular meeting of Tuesday, May 24, 2016, until the regular meeting of Tuesday May 31, 2016, was called up by the Presiding Officer.

RESOLUTION: 21-365-2016

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: Willard Rogers Painting Contractors, Inc.

Project name: Mobile Carnival Museum - Fence and Railing
Repair & Repainting

Project number: MU-152-16

Amount: $49,000.00

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, 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 ROB’T J. BAGGETT, INC. FOR CITY OF MOBILE, ALABAMA CRUISE TERMINAL IMPROVEMENTS-DRAINAGE IMPROVEMENTS, $162,949.00 (D2; CT-017-16; STATE OF ALABAMA GENERAL OBLIGATION BOND SERIES 2016-A). The following resolution which was introduced and read at the regular meeting of Tuesday, May 24, 2016, until the regular meeting of Tuesday May 31, 2016, was called up by the Presiding Officer.

RESOLUTION: 21-366-2016

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: Rob't J. Baggett, Inc.

Project name: City of Mobile, Alabama Cruise Terminal Improvements
Drainage Improvements

Project number: CT-017-16

Amount: $162,949.00

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

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

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

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

Councilmember Richardson moved for the suspension of the rules for the immediate consideration of Consent Resolutions 31-371 – 03-384. The motion was seconded by Councilmember Gregory, and the vote was as follows:

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

The Presiding Officer declared unanimous consent granted for the items.

CONSENT RESOLUTIONS BEING INTROCUED

AUTHORIZE THE MAYOR TO APPLY, ACCEPT AND RECEIVE AN AGREEMENT OF UNDERSTANDING WITH THE DOJ FY16 BUREAU OF JUSTICE ASSISTANCE GRANT (JAG) PROGRAM, $187,349.00 (NO LOCAL MATCH). The following resolution was introduced by Councilmember Rich.

RESOLUTION: 31-371-2016

Sponsored by: Mayor Stimpson

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MOBILE, ALABAMA, that the Mayor is authorized to apply, accept and receive from the U.S. Department of Justice, a Notice of Award and Memorandum of Agreement for grant assistance in the approximate amount of $187,349.00 for the DOJ FY2016 Bureau of Justice Assistance Grant (JAG) Program.

BE IT FURTHER RESOLVED that the Mayor or his designee be authorized to accept said grant if offered and to sign any agreements or other documents in connection with the grant application and to provide any information required by the U. S. Department of Justice and any other federal agency.

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

Ayes: Richardson, Manzie, 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 (OFF PREMISES ONLY) LICENSE FOR DIP DISCOUNT CENTE, 2915 DAUPHIN ISLAND PARKWAY. The following resolution was introduced by Councilmember Gregory.

RESOLUTION: 37-372-2016

Sponsored by: Councilmember Small

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 (Off Premises Only)

Submitted by: DIP Discount Center, LLC

Location: DIP Discount Center
2915 Dauphin Island Parkway
Mobile, AL 36605

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

Ayes: Richardson, Manzie, 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 #1541. The following resolution was introduced by Councilmember Daves.

RESOLUTION: 58-373-2016

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 #1541 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 5th day of July, 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 Daves moved that the resolution be adopted, which was seconded by Councilmember Manzie and the vote was as follows:

Ayes: Richardson, Manzie, 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 #1521. The following resolution was introduced by Councilmember Daves.

RESOLUTION: 58-374-2016

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 #1521 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, 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 #1526. The following resolution was introduced by Councilmember Daves.

RESOLUTION: 58-375-2016

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 #1526 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 regul


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