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 Oct 04, 2016

MUNICIPAL BUILDING, MOBILE, ALABAMA, OCTOBER 4, 2016

The Council of the City of Mobile, Alabama, met in the City Council’s Conference Room on the ninth floor of the Mobile Government Plaza on Tuesday, October 4, 2016, at 9:00 a.m.

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

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, OCTOBER 4, 2016

The Council of the City of Mobile, Alabama, met in the Auditorium of the Mobile Government Plaza on Tuesday, October 4, 2016, at 10:30 a.m., in regular meeting.

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

Senior Pastor Sid Phillips, Grace Bible Church, offered an invocation.

The Presiding Officer led the Pledge of Allegiance.

Present on Roll Call:

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

Councilmember Gregory thanked Jake Peavy, his foundation, all volunteers and attendees for making the TenSixtyFive music festival a success.

Councilmember Gregory reminded everyone Carnival will begin cruises from Mobile on November 9, 2016.

STATEMENT OF RULES BY COUNCIL PRESIDENT:

The Presiding Officer stated that all cell phones must be turned off and that there will be no hats, hoods, sunglasses or large bags permitted in the meeting room.

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

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

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

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

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

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

APPROVAL OF MINUTES:

The minutes of the meetings of September 27, 2016, were approved as submitted.

COMMUNICATIONS FROM THE MAYOR:

Mayor Stimpson was absent from the meeting. Chief of Staff Colby Cooper advised there would be no comments from the Administration.

ADOPTION OF THE AGENDA:

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

Ayes: Richardson, Manzie, Small, Williams, 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 considered the request of Tarshia McGinney, Armed with Force Ministries, for a waiver of the Noise Ordinance at 2154 St. Stephens Road, on October 16 through October 22, 2016, from 7:00 p.m. – 9:00 p.m. (District 2).

Councilmember Small moved that the waiver be granted which motion was seconded by Councilmember Rich, and the vote was as follows:

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

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

The Council considered the considered the request of Patricia Beard for a waiver of the Noise Ordinance at 762 Marine Street, on October 15, 2016, from 3:30 p.m. – 10:00 p.m. (District 3).

Councilmember Small moved that the waiver be granted which motion was seconded by Councilmember Rich, and the vote was as follows:

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

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

PUBLIC HEARINGS:

PUBLIC HEARING TO REZONE PROPERTY AT 4297 RIVIERE DU CHIEN ROAD (SOUTHWEST CORNER OF RIVIERE DU CHIEN ROAD AND HALLS MILL ROAD, EXTENDING TO THE NORTH SIDE OF I-10) FROM R-1 AND B-3 TO I-1 (DISTRICT 4).

The Presiding Officer announced that today was the day for the public hearing to rezone property at 4297 Riviere Du Chien Road (southwest corner of Riviere Du Chien Road and Halls Mill Road extending to the north side of I-10) from R-1 and B-3 to I-1 and asked if there was anyone present to speak for or against this matter.

No one appeared.

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

PRESENTATION OF PETITIONS AND OTHER COMMUNICATIONS TO THE COUNCIL:

AGENDA ITEMS:

Ronald Hunt, 1351 Sandra Drive, posed questions to the Council about the future of Fort Conde.

NON-AGENDA ITEMS:

Amelia Clark, 1406 Warren Drive, Daphne, Alabama, spoke to the Council about informing the public of what to do if their civil liberties have been violated.

John Adams, 6008 Ridgefield Place, addressed the Council regarding standards and procedures for street closures.

RESOLUTIONS HELD OVER:

AUTHORIZE RIGHTS-OF-WAY USE AGREEMENT WITH SOUTHERN LIGHT, LLC TO ALLOW PLACEMENT OF A TELECOMMUNICATIONS SYSTEM. The following resolution which was introduced and read at the regular meeting of September 27, 2016 and held over for one (1) week until the regular meeting of Tuesday, October 4, 2016 was called up by the Presiding Officer.

RESOLUTION: 01-606-2016

Sponsored by: 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 Rights-of-Way Use Agreement between the City of Mobile and Southern Light, LLC. A copy of said Agreement is on file in the office of the City Clerk.

The resolution was read by the City Clerk; whereupon Councilmember Rich moved that the resolution be held over for one (1) week until the regular meeting of Tuesday, October 11, 2016 which was seconded by Councilmember Gregory, and the vote was as follows:

Ayes: Richardson, Manzie, Small, Williams, 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 LICENSE II (PACKAGE STORE) LICENSE FOR TIPPIN SIDEWAYZ, 510 SOUTH BROAD STREET. The following resolution which was introduced and read at the regular meeting of September 27, 2016 and held over for one (1) week until the regular meeting of Tuesday, October 4, 2016 was called up by the Presiding Officer.

RESOLUTION: 37-612-2016

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) License

Submitted by: Willie Mae Rice

Location: Tippin Sidewayz
510 South Broad Street
Mobile, AL 36603

The resolution was read by the City Clerk; whereupon Councilmember Manzie moved that the resolution be held over for one (1) week until the regular meeting of Tuesday, October 11, 2016, which was seconded by Councilmember Rich, and the vote was as follows:

Ayes: Richardson, Manzie, Small, Williams, 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 MARION’S PAINTING CONTRACTORS, LLC FOR FORT CONDE-FENCE REPAINTING AND REPAIRS, $32,781.00. The following resolution which was introduced and read at the regular meeting of September 27, 2016 and held over for one (1) week until the regular meeting of Tuesday, October 4, 2016 was called up by the Presiding Officer.

RESOLUTION: 21-621-2016

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: Marion's Painting Contractors, LLC

Project name: Fort Conde - Fence Repainting and Repairs

Project number: FC-173-16

Amount: $32,781.00

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

Ayes: Richardson, Manzie, Small, Williams, 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 AMERICAN GUARD SERVICES, INC. FOR UNARMED SECURITY SERVICES AT THE CITY OF MOBILE, ALABAMA CRUISE TERMINAL, $150,000.00 PER YEAR. The following resolution which was introduced and read at the regular meeting of September 27, 2016 and held over for one (1) week until the regular meeting of Tuesday, October 4, 2016 was called up by the Presiding Officer.

RESOLUTION: 21-622-2016

Sponsored by: Councilmember Manzie and Mayor Stimpson

BE IT RESOLVED BY THE CITY COUNCIL 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 contract, by and between the City of Mobile and AMERICAN GUARD SERVICES, INC, in the amount of approximately $150,000 per year, for one year, and renewable for two additional years , for the provision of unarmed guard security services at the City of Mobile Alabama Cruise Terminal 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.

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

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

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

ORDINANCES BEING INTRODUCED:

PUBLIC HEARING TO REZONE PROPERTY AT 4297 RIVIERE DU CHIEN ROAD (SOUTHWEST CORNER OF RIVIERE DU CHIEN ROAD AND HALLS MILL ROAD, EXTENDING TO THE NORTH SIDE OF I-10) FROM R-1 AND B-3 TO I-1 (DISTRICT 4). The following resolution was held over for one (1) week until the regular meeting of Tuesday, October 11, 2016.

ORDINANCE: 64-053-2016

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

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

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

PARCEL A

THAT PARCEL OF LAND BEING BOUNDED BY A LINE DESCRIBE AS FOLLOWS, VIZ: FROM THE NORTHWEST CORNER OF FRACTIONAL SECTION 13, TOWNSHIP 5 SOUTH, RANGE 2 WEST, RUN SOUTH 00°-39'-20" EAST, ALONG THE WEST LINE OF SAID SECTION, 15 FEET TO A MONUMENT ON THE SOUTH RIGHT-OF-WAY LINE OF THE LLOYD STATION ROAD FOR THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED; THENCE CONTINUE SOUTH 00°-39'-20" EAST ALONG SAID WEST LINE 1278.21 FEET TO A POINT ON THE NORTHWEST RIGHT-OF-WAY LINE OF INTERSTATE HIGHWAY PROJECT FAI201-1, AS CONVEYED TO STATE OF ALABAMA, BY DEED DATED APRIL 7, 1961 AND RECORDED IN REAL PROPERTY BOOK 269, PAGE 748; THENCE RUN NORTH 39°-34'-00" EAST ALONG SAID NORTHWEST RIGHT-OF-WAY LINE 843.85 FEET TO THE PC OF THE ARC OF THE CURVE OF SAID RIGHT-OF-WAY LINE, SAID ARC BEING SUBTENDED BY A CHORD BEARING NORTH 40°-061-00" EAST; THENCE CONTINUE ALONG THE ARC THE ARC OF SAID RIGHT-OF-WAY LINE 214.07 FEET TO THE INTERSECTION WITH THE SOUTHWEST RIGHT-OF-WAY LINE OF RIVIERE DU CHIEN ROAD CONNECTION (SAID RIGHT-OF-WAY WAS CONVEYED TO THE STATE OF ALABAMA BY SAID DEED RECORDED IN REAL PROPERTY BOOK 269, PAGE 748); THENCE RUN NORTH 49°-00'-00" WEST ALONG SAID SOUTHWEST RIGHT-OF-WAY LINE 711.03 FEET TO THE SOUTH RIGHT-OF-WAY OF SAID LLOYDS STATION ROAD; THENCE RUN SOUTH 89°-011-30" WEST ALONG SAID RIGHT-OF-WAY LINE 153/8 FEET TO THE PLACE OF BEGINNING, AND CONTAINING 10.861 ACRES, MORE OR LESS. ALL ACCORDING TO SURVEY BY IRBY AND RESTER ENGINEERING AND SURVEY CO., INC., DATED SEPTEMBER 12, 1962. (COPIED FROM INSTRUMENT RECORDED IN BOOK 6050, PAGE 723)

PARCEL B

COMMENCING AT THE NORTHWEST CORNER OF FRACTIONAL SECTION 13, TOWNSHIP 5 SOUTH, RANGE 2 WEST, MOBILE COUNTY, ALABAMA, THENCE RUN SOUTH 15 FEET TO A POINT ON THE SOUTH LINE OF THE LLOYD STATION ROAD AND THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED; THENCE SOUTH 89°-04'-12" WEST, 40.17 FEET TO A POINT ON THE EAST SIDE OF HALLS MILL ROAD; THENCE NORTHEASTWARDLY ALONG THE EAST SIDE OF HALLS MILL ROAD 84.52 FEET ALONG THE ARC OF A CURVE (CHORD BEARS NORTH 43°-50'-11" EAST, 84.51 FEET) ALONG THE EAST SIDE OF HALLS MILL ROAD TO THE INTERSECTION WITH RIVIERE DU CHIEN ROAD; THENCE NORTH 89°-04'-20" EAST, 66.99 FEET; THENCE RUN SOUTH 47°-57'-18" EAST, ALONG THE WEST SIDE OF RIVIERE DU CHIEN ROAD, 89.71 FEET TO A POINT ON AN EXTENSION OF THE SOUTH RIGHT-OF-WAY OF LLOYDS STATION ROAD; THENCE SOUTH 89°-04'-12" WEST, 153.03 FEET TO THE POINT OF BEGINNING. (BEARINGS ROTATED 00°-55'-48" COUNTER-CLOCKWISE FROM BOOK 6066, PAGE 26 TO MATCH PARCEL A "BASIS OF BEARINGS")

The classification of said property is hereby changed from R-1, Single-Family Residential District, and B-3, Community Business District, to I-1, Light Industry 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 I-1, Light Industry District, provided, however, that the plans for any structure or building sought to be erected on said property shall be in compliance with the building laws of the City of Mobile, and that any structure shall be approved by the Building Inspector of the City of Mobile, and that any such structure be erected only in compliance with such laws, including the requirements of said Zoning Ordinance of May 16, 1967, and further provided, however, that no lot or parcel of land herein above described shall be used for any use allowed in a I-1 Light Industry District, until all of the conditions set forth below have been complied with: 1) completion of the subdivision process; and 2) full compliance with all other municipal codes and ordinances.

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

NOTICE OF HEARING OF PROPOSED AMENDMENT TO THE ZONING ORDINANCE

Notice is hereby given that the City Council of Mobile proposes to consider the adoption of the below synopsized amendment to the Ordinance adopted on the 16th day of May, 1967, and known as the "Zoning Ordinance". The adoption of such amendment will be considered by the City Council of Mobile in the Auditorium of the Government Plaza in Mobile, Alabama on the day of, at 10:30 AM. At such time and place all persons who desire shall have an opportunity to be heard in opposition to or in favor of the amendment.

Synopsis of Proposed Amendment to the Zoning Ordinance

The proposed amendment to the Zoning Ordinance was published in full on the day of 20 in the Mobile Press Register.

The proposed amendment to the Zoning Ordinance concerns the property within the City of Mobile, located at 4297 Riviere Du Chien Road, (Southwest corner of Riviere Du Chien Road and Halls Mill Road, extending to the North side of 1-10).

The proposed amendment to the Zoning Ordinance changes the classification of the subject property from R-1, Single-Family Residential District, and B-3, Community Business District, to 1-1, Light Industry District. Under the proposed amendment to the Zoning Ordinance, it shall hereafter be lawful to construct on the subject property any structures and to use the subject property for any use, as permitted in 1-1 districts under the terms of the Zoning Ordinance of May 16, 1967, as amended. Any construction or erection on the subject property shall be in compliance with the building laws of the City of Mobile, and shall be approved by the Building Inspector of the City of Mobile. Any such constructed or erected structure shall be erected or constructed in compliance with the laws of the City of Mobile, including without limitation the requirements of the Zoning Ordinance of May 16, 1967, as amended. Further, no lot or parcel shall be used for any use allowed in I-1 districts until the following conditions have been complied with: 1) completion of the subdivision process; and 2) full compliance with all other municipal codes and ordinances.

This proposed amendment to the Zoning Ordinance shall be in full force and effect from after its publication and adoption by the Mobile City Council.

AUTHORIZE LIMITED OBLIGATION SPECIAL TAX WARRANT SERIES 2016, NTE $7,500,000.00. The following ordinance was held over for one (1) week until the regular meeting of Tuesday, October 11, 2016.

ORDINANCE: 84-054-2016

BE IT ORDAINED by the City Council of the CITY OF MOBILE, ALABAMA, as follows:

Section 1. Definitions and Use of Phrases.

(a) Definitions. The following words and phrases and others evidently intended as the equivalent thereof shall, in the absence of clear implication herein otherwise, be given the following respective interpretations:

"Authorized Denominations" means, with respect to the principal of the Warrants, the denomination of $100,000 or any integral multiple of $5,000 in excess thereof.

"Authorizing Ordinance" means this ordinance, as it may be amended or supplemented.

"Bond Counsel" means Adams and Reese LLP, Mobile, Alabama, or, if the said firm is no longer providing bond counsel services, then any attorney or firm of attorneys whose opinions respecting the legality or validity of securities issued by or on behalf of states or political subdivisions thereof are nationally recognized and accepted.

"Business Day" means any day other than Saturday, Sunday or a day on which banking institutions are required or authorized to close in the City or in the City of New York, New York.

"City" means the City of Mobile, Alabama

"City Clerk" means the City Clerk of the City.

"City Council" means the City Council of the City and includes any other governing body of the City that may succeed to the functions of said City Council.

"City Treasurer" means the City Treasurer of the City.

"Code" means the Internal Revenue Code of 1986, as amended.

"Developer" means RP1 Bel Air Mall, LLC, a Delaware limited liability company.

"Drawing" means each installment of principal advanced under the Warrants pursuant to the terms of this Authorizing Ordinance.

"Economic Development Amendment" means Amendment 772 to the Constitution of Alabama of 1901, as amended, codified as Section 94.01 of the Official Recompilation of the Constitution of Alabama of 1901.

"Economic Development Costs" has the meaning assigned in the Special Economic Development Grant and Project Agreement.

"Eligible Investments" means (1) Federal Securities, (ii) Eligible Time Deposits, and (iii) to the extent that they are at the time legal investments for the City, any of the following: (1) any direct, general obligation of, or any obligation payment of the principal of and interest on which is unconditionally guaranteed by, any one or a combination of agencies or corporations created or controlled by the United States of America if and to the extent that the obligations of such agencies and corporations are secured by the full faith and credit of the United States of America, including, without limitation, the following agencies or corporations: the Export-Import Bank of the United States, the Federal Financing Bank, the Farmer's Home Administration, the Federal Housing Administration, the Maritime Administration, the Federal Home Loan Mortgage Corporation and the Government National Mortgage Association; (2) any repurchase agreement or reverse repurchase agreement with any Qualifying Bank provided that such agreement is secured by obligations or securities described in clauses (i), (ii) and (m)(1) of this definition; and (3) any share or other investment unit representing a beneficial interest in any money market fund which is registered under the Investment Company Act of 1940, as from time to time amended (or successor provision of federal law), provided that the investment portfolio of such money market fund consists of obligations and securities described in clauses (i), (ii), (iii)(1) and (iii)(2) of this definition; and (4) any Treasury Receipt.

"Eligible Time Deposits" means any time deposit with, or any certificate of deposit issued by, (i) any Qualifying Bank or (ii) any bank or savings bank, provided in the latter case that such time deposit or certificate of deposit is fully insured by the Federal Deposit Insurance Corporation or any agency or instrumentality of the United States of America that may succeed to the functions of either thereof or is secured by a deposit of Federal Securities having a market value at all times not less than the principal amount of such time deposit or certificate of deposit.

"Federal Securities" means direct obligations of the United States of America.

"Fiscal Year" means a fiscal year of the City, which is the period beginning on October I of each calendar year and ending on September 30 of the then next ensuing calendar year.

"Fully paid", "payment in full", or any similar expression with respect to the Warrants, means that all of the Warrants have been paid in full or duly provided for pursuant to Section 29 hereof.

"Holder" means the person in whose name the ownership of a Warrant is registered on the registry books of the Paying Agent pertaining to the Warrants.

"Improvements" has the meaning assigned in the Special Economic Development Grant and Project Agreement.

"Incentive Commencement Date" has the meaning assigned in the Special Economic Development Grant and Project Agreement.

"Qualifying Bank" means any bank which is a member of the Federal Deposit Insurance Corporation (or any department, agency or instrumentality of the United States of America that may succeed to the functions of such corporation) and whose certificates of deposit are rated "A" by Moody's Investors Service, Inc. or its successor.

"Paying Agent" means the City Treasurer in her capacity as registrar, transfer agent and paying agent with respect to the Warrants, or any successor thereto in such capacity as appointed by the City.

"Project Zone" means the Bel Air Project, a retail and commercial development situated in the City at the properly more particularly described as the Project Site in the Special Economic Development Grant and Project Agreement.

"Schedule of Drawings and Redemptions" means the Schedule of Drawings and Redemptions attached to the Warrants reflecting the date and amount of each Drawing and each redemption, as applicable, made by the City under or on the Warrants.

"Special Economic Development Grant and Project Agreement" means that certain Special Economic Development Grant and Project Agreement to be dated the date of its delivery, between the City and the Developer.

"Special Pledged Taxes Account" means the Bel. Air Project Pledged Tax Account established hereunder by Section 19 hereof and maintained by the Paying Agent "Special Pledged Taxes" has the meaning assigned in the Special Economic Development Grant and Project Agreement.

"Treasury Receipts" means custodial receipts or other instruments evidencing ownership in future principal or interest payments, or both, with respect to United States Treasury obligations that have been deposited with a custodian or trustee pursuant to a custody or trust agreement which provides for the United States Treasury obligations underlying such custodial receipts or other instrument to be held in a separate account and for all payments of principal and interest received by such custodian or trustee with respect to such underlying obligations to be paid to the Holders of such custodial receipts or other instruments in accordance with their respective ownership interests in such underlying obligations, provided that the custodian or trustee holding such underlying obligations must be a Qualifying Bank.

"Warrant Fund" means the Bel Air Project Warrant Debt Service Fund created in Section 20 hereof and maintained by the Paying Agent.

"Warrants" means the City's Limited Obligation Special Tax Warrants, Series 2016, herein authorized to be issued.

(b) Use of Phrases. "Herein," "hereby," "hereunder," "hereof," "hereinbefore," "hereinafter," and other equivalent words refer to this ordinance as an entirety and not solely to any particular portion in which any such word is used. The definitions set forth in Section 1(a) hereof include both the singular and the plural. Wherever used herein, any pronoun or pronouns shall be deemed to include both singular and plural and to cover all genders.

Section 2. Findings. The City Council has ascertained and found and does hereby declare as follows:

(a) Pursuant to the authority granted to the City by the Economic Development Amendment, the City has entered into the Special Economic Development Grant and Project Agreement.

(b) The undertakings by the City and the Developer in the Special Economic Development Grant and Project Agreement including, without limitation, the undertaking regarding providing economic incentives to the Developer and reimbursement for Economic Development Costs, meet the requirements for assistance by the City set forth in the Economic Development Amendment, because, among other things, the performance of the same will serve a valid and sufficient public purpose, notwithstanding any incidental benefit accruing to any private entity or entities.

(c) The City does not have, and does not expect to have, sufficient funds in the near future to pay all of the costs of the undertakings by the City in the Special Economic Development Grant and Project Agreement.

(d) Pursuant to the Economic Development Amendment and Section 11-47-2 of the Code of Alabama, as amended, the City is authorized to issue the Warrants to provide funds for providing economic incentives to the Developer and reimbursement for Economic Development Costs, the issuance of the Warrants by the City is necessary, desirable and in the public interest, the City has determined that it is in the City's best interest to provide incentives in order to facilitate the Project (as defined in the Special Economic Development Grant and Project Agreement) and that the development of the Project (i) will advance the economic development of the City, (ii) will promote the convenience, order, propriety and welfare of its citizens, (iii) is a direct benefit to the City and its residents as a result of increased tax revenues to the City, increased property values and additional economic activity in the area of the City surrounding the Project, and the creation of new jobs, and (iv) will increase the tax and revenues base of the City and serves a valid and sufficient public purpose.

(e) 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 June 10, 2016 in The Press-Register with respect to certain actions proposed to be taken, and a certain agreement proposed to be made and delivered, by the Developer, 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.

(f) 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 Special Economic Development Grant and Project Agreement including without limitation the issuance of the Warrants.

Section 3. Authorization and Description of the Warrants.

(a) Authorization of Warrants. Pursuant to the applicable provisions of the constitution and laws of the State of Alabama, including particularly Section 1147-2 of the Code of Alabama 1975, as amended, and the Economic Development Amendment, and for the purposes set forth in the preceding Section 2 hereof, there are hereby authorized to be issued by the City its Limited Obligation Special Tax Warrants, Series 2016, which shall be issued as a single drawdown warrant in an aggregate principal amount of not to exceed $7,500,000. The exact aggregate principal amount of the Warrants outstanding at any time shall be determined as set forth in Section 24 hereof and as evidenced on the Schedule of Drawings and Redemptions. The Warrants shall, subject to the provisions of Section 14 hereof, be dated the Issue Date, shall be numbered R-1 upwards and shall be issued initially to the Developer. The Warrants shall mature and become payable the date that is fifteen years after the Incentive Commencement Date, but not to be later than January 31, 2032, and shall not bear interest. The aggregate principal amount of the Warrants will increase from time to time with each Drawing as provided in Section 24 hereof. The Warrants shall be initially issued and registered in the name of the Developer. The Schedule of Drawings and Redemptions maintained by the Paying Agent shall be conclusive and binding upon the Holders of the Warrants and the Developer.

(b) Method of Payment. The principal of the Warrants shall be payable by check or draft mailed or otherwise delivered by the Paying Agent to the respective Holders thereof at their addresses as they appear on the registry books of the Paying Agent pertaining to the registration of the Warrants; provided that the Warrants shall be presented to the Paying Agent at his or her principal office on each principal payment date or redemption date for the appropriate notations on the Schedule of Drawings and Redemptions attached to the Warrants and further provided that the final payment of such principal shall be made only upon surrender of the appropriate Warrants to the Paying Agent. The foregoing to the contrary notwithstanding, a Holder of $1,000,000 or more in principal amount of the Warrants may make arrangements with the Paying Agent for payment of the principal of such Warrants by wire transfer to an account such Holder maintained at a bank in the continental United States or by any other method providing for payment in same-day funds that is acceptable to the Paying Agent.

(c) Source of Payment. The principal of the Warrants shall be payable solely from the proceeds, if any, of the Special Pledged Taxes. Neither the Warrants nor any of the agreements herein contained shall constitute a general indebtedness of the City. The general faith and credit of the City are not pledged for payment of the Warrants, which shall not be general obligations of the City. Neither this Authorizing Ordinance nor the Warrants shall be deemed to impose upon the City any obligation to pay the principal of or interest on the Warrants, except with the proceeds, if any, of the Special Pledged Taxes. None of the agreements, representations and warranties made in this Authorizing Ordinance shall ever impose any personal or pecuniary liability or charge upon the City, whether 'before or after the breach by the City of any such agreement, representation or warranty, except with respect to the proceeds, if any, of the Special Pledged Taxes. Nothing contained in this subsection shall, however, relieve the City from the performance of the several agreements and representations on its part herein contained.

Section 4. Optional Redemption Provisions. The Warrants shall be subject to redemption and prepayment prior to their maturity, at the option of the City, in whole or in part, at any time and at a redemption price equal to the principal amount thereof to be redeemed.

Section 5. Pledge of Special Pledged Taxes; Deposit in Special Pledged Taxes Account. The proceeds, if any, of the Special Pledged Taxes are hereby irrevocably pledged for the payment of the principal of the Warrants or for the purchase of the same on the open market. The said pledge shall begin on the date that this Authorizing Ordinance is adopted and end at midnight on January 31, 2032, or such earlier date on which the Warrants shall have been paid in full or defeased in accordance with the provisions of Section 29 of this Authorizing Ordinance. The City represents that the said pledge for the Warrants is the only pledge made of the proceeds of the Special Pledged Taxes. The City covenants that it will deposit, no later than ten (10) calendar days after the last Business Day of each calendar month, the Special Pledged Taxes into the Special Pledged Taxes Account; provided that, if there is a default in the payment of principal of the Warrants, the City shall immediately, upon the receipt of the said Special Pledged Taxes, deposit the same in the Special Pledged Taxes Account.

Section 6. Mandatory Sinking Fund Redemptions. The Warrants are required to be redeemed on January 31, commencing on the applicable January 31 immediately following the Incentive Commencement Date, and on each January 31 thereafter, with the final scheduled mandatory redemption to occur on the date that is fifteen years after the Incentive Commencement Date, but not to be later than January 31, 2032, with the amount of each annual redemption of principal amount being equal to the amount of funds in the Special Pledged Taxes Account. The Warrants shall be redeemed at a redemption price equal to the principal amount to be redeemed. The redemption price shall be payable on each scheduled redemption date to the Holders of record as forty-five (45) days next preceding the date fixed for such redemptions.

Section 7. Purchase of Warrants for Retirement. The City may at any time and from time to time purchase Warrants for retirement using funds from the Warrant Purchase Fund.

Section 8. Form of Warrants. The Warrants, the registration certificate, the City Treasurer's Certificate and the assignment pertaining thereto shall be in substantially the following forms, with such insertions, omissions and other variations, as may be necessary to conform to the provisions of this Authorizing Ordinance:

(Form of Warrant)

This Warrant may be transferred only to (i) an investment company registered under the Investment Company Act of 1940; (ii) a bank, as defined in Section 3(a)(2) of the Securities Act of 1933 (the "1933 Act"), whether acting in its individual or fiduciary capacity; (iii) an insurance company, as defined in Section 2(13) of the 1933 Act; or (iv) a sophisticated investor possessing sufficient knowledge and experience in financial and business matters, including the purchase and ownership of municipal and other tax exempt obligations, to be able to evaluate the risks and merits of the investment represented by the purchase of the Warrant. Each transferee shall be required to execute and deliver to the City an investment letter substantially in the form attached as Exhibit B to the hereinafter defined Warrant Ordinance.

No. R-1 $7,500,0001

The cumulative principal amount of this City of Mobile, Alabama Limited Obligation Special Tax Warrant may not exceed $7,500,000 as reflected on the Schedule of Drawings and Redemptions attached hereto as Schedule A, as revised from time to time by the Paying Agent upon drawings and redemptions with respect to the Warrant.

EXHIBIT B

Form of Investment Letter

City of Mobile, Alabama
P.O. Box 1827
Mobile, AL 36633-1827

Re: Not exceeding $7,500,000 City of Mobile, Alabama, Limited Obligation Special Tax Warrants, Series 2016

Ladies and Gentlemen:

The undersigned is the purchaser of the above-captioned issue of warrants (the "Warrants"), issued by the Mobile, Alabama (the "City") pursuant to that certain Authorizing Ordinance adopted by City Council of the City on r 1 (the "Authorizing Ordinance"). In connection with such purchase, the undersigned hereby represents, warrants, covenants, and agrees as follows:

1. The undersigned, along with its officers and owners, is a sophisticated investor possessing sufficient knowledge and experience in financial and business matters, including the purchase and ownership of municipal and other tax-exempt or taxable obligations, to be able to evaluate the risks and merits of the investment represented by the purchase of the Warrants, and the equity owners of the undersigned are accredited investors as defined under the 1933 Act (as defined below).

2. The undersigned is purchasing the Warrants for investment for its own account and is not purchasing the Warrants for resale, distribution, or other disposition, and the undersigned has no present intention to resell, distribute, or otherwise dispose of all or any part of the Warrants. Nevertheless, if the undersigned resells or otherwise disposes of all or any part of the Warrants (or any legal or beneficial interest therein), it will resell or otherwise dispose of the Warrants only to (i) an investment company registered under the Investment Company Act of 1940; (ii) a bank, as defined in Section 3(a)(2) of the Securities Act of 1933 (the "1933 Act"), whether acting in its individual or fiduciary capacity; (iii) an insurance company, as defined in Section 2(13) of the 1933 Act; or (iv) a sophisticated investor possessing sufficient knowledge and experience in financial and business matters, including the purchase and ownership of municipal and other tax-exempt obligations, to be able to evaluate the risks and merits of the investment represented by the purchase of the Warrants. The undersigned further agrees that it will not sell, transfer, assign, or otherwise dispose of the Warrants (or any legal or beneficial interest therein except in compliance with the 1933 Act, the Securities Exchange Act of 1934, any rules and regulations promulgated under either of such Acts, and the applicable securities laws of any state or other jurisdiction. The undersigned acknowledges that the Warrants: (a) are not being registered under the 1933 Act and are not being registered or otherwise qualified for sale under the securities or "Blue Sky" laws of any state; (b) are being sold to the undersigned in reliance upon certain exemptions from registration and in reliance upon the representations and warranties of the undersigned set forth herein; (c) will not be listed on any stock or other securities exchange; (d) will not be rated by Standard & Poor's Corporation, Moody's Investors Service, Inc., or any other similar rating service; and (e) may not be readily marketable.

3. The undersigned has investigated the Project financed by the Warrants, consisting of financing, refinancing or reimbursing the costs of acquisition and construction of certain Economic Development Costs (as defined in the Authorizing Ordinance) as more particularly set forth in the Special Economic Development Grant and Project Agreement dated 2016 (the "Project Agreement") by and between the City and RN Bel Air Mall, LLC (the "Developer") and has investigated the City. The undersigned acknowledges that it has been furnished with or has been given access to all of the underlying documents in connection with this transaction, the Project and the City, as well as such other information as it deems necessary or appropriate as a prudent and knowledgeable investor in evaluating the purchase of the Warrants, The undersigned acknowledges that the Warrants do not constitute an obligation, general or special, debt, liability, or moral obligation of the State of Alabama or any political subdivision thereof, other than the City within the meaning of any constitutional or statutory provision whatsoever and that neither the faith and credit nor the taxing power of the State of Louisiana or any political subdivision thereof, other than the City, is pledged to the payment of the principal of, premium, if any, or interest on the Warrants. The undersigned acknowledges that the Warrants are not a general obligation of the City, but are limited and special revenue obligations of the City payable solely from the Special Pledged Taxes (as defined in the Authorizing Ordinance). The undersigned acknowledges that no covenant, stipulation, obligation, or agreement contained in the Authorizing Ordinance or the Warrants shall be deemed to be a covenant, stipulation, obligation, or agreement of any present or future trustee, officer, agent, or employee of the City in his or her individual capacity. The undersigned acknowledges that neither the State of Alabama nor any political subdivision thereof; other than the City, shall in any manner be liable for the performance of any agreement or covenant of any kind which may be undertaken by the City and that no breach thereof by the City shall create any obligation upon the State of Alabama or any political subdivision thereof, other than the City. In reaching the conclusion that it desires to acquire the Warrants, the undersigned has carefully evaluated all risks associated with this investment and acknowledges that it is able to bear the economic risk of this investment. The undersigned, by reasons of its knowledge and experience in financial and business matters, is capable of evaluating the merits and risks of the investment in the Warrants.

4. The undersigned acknowledges that no official statement, prospectus or offering circular containing information with respect to the City, the Warrants (including the security therefor), the Project, or the Developer has been or will be prepared and that it has made its own inquiry and analysis with respect to the City, the Warrants (including the security therefor), the Project, the Developer, and the other material factors affecting the security and payment of the Warrants and that the undersigned has in no way relied upon the City or Bond Counsel (as defined in the Authorizing Ordinance) in connection with such inquiry or analysis.

5. The undersigned acknowledges that it has either been supplied with or has had access to all information, including financial statements and other financial information, to which a reasonable investor would attach significance in making investment decisions, and that it has had the opportunity to ask questions and receive answers from knowledgeable individuals concerning the City, the Developer, the Project, and the Warrants, including the security therefor, so that as a reasonable investor it has been able to make its decision to purchase the above-stated principal amount of the Warrants.

6. The form, terms and provisions of the Authorizing Ordinance, the issuance, sale and delivery of the Warrants, the maturities, interest rate, redemption terms and sale price of the Warrants, and the sale of the Warrants to be used for the cost of financing the Project, all as provided in the Authorizing Ordinance and the Warrants, are hereby in all respects approved.

7. This Investment Letter shall be binding upon the undersigned.

SUSPENSION OF 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 03-627 – 58-641. The motion was seconded by Councilmember Manzie, and the vote was as follows:

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

The Presiding Officer declared unanimous consent granted for the items.

CONSENT RESOLUTIONS BEING INTRODUCED:

RE-APPOINT NANCY ROBINSON (D1) AND MIKE COURTNEY (D4) TO THE ADVISORY COMMISSION ON THE DISABLED. The following resolution was introduced by Councilmember Gregory.

RESOLUTION: 03-627-2016

Sponsored by: Councilmembers Richardson and Williams

BE IT RESOLVED BY THE CITY COUNCIL OF MOBILE, ALABAMA, that the following action is taken on the Advisory Commission on the Disabled for terms effectively immediately:

Re-appoint Nancy Robinson (D1) - ending December 31, 2017.
Re-appoint Mike Courtney - ending December 31, 2017.

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, Small, Williams, Rich and Gregory
Nays: None

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

RE-APPOINT DR. EARL MONROE TO THE PORT CITY MEDICAL CLINIC BOARD. The following resolution was introduced by Councilmember Gregory.

RESOLUTION: 03-628-2016

Sponsored by: Councilmember Williams

BE IT RESOLVED BY THE CITY COUNCIL OF MOBILE, ALABAMA, that Dr. Earl Monroe is re-appointed to the Port City Medical Clinic Board for a term ending November 20, 2021.

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, Small, Williams, Rich and Gregory
Nays: None

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

RE-APPOINT STEVE GREENE TO THE CODES ADVISORY COMMITTEE. The following resolution was introduced by Councilmember Gregory.

RESOLUTION: 03-629-2016

Sponsored by: Councilmember Williams

BE IT RESOLVED BY THE CITY COUNCIL OF MOBILE, ALABAMA, that Steve Greene is re-appointed to the Codes Advisory Committee for a term ending November 2, 2018.

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, Small, Williams, Rich and Gregory
Nays: None

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

RE-APPOINT GERI MOULTON TO THE MOBILE MUSEUM OF ART BOARD. The following resolution was introduced by Councilmember Gregory.

RESOLUTION: 03-630-2016

Sponsored by: Councilmember Williams

BE IT RESOLVED. BY THE CITY COUNCIL OF MOBILE, ALABAMA, that Geri Moulton is re-appointed to the Mobile Museum of Art Board for a term ending December 31, 2019.

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, Small, Williams, Rich and Gregory
Nays: None

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

RE-APPOINT DAVID MCGRATH TO THE PUBLIC EDUCATION BUILDING AUTHORITY. The following resolution was introduced by Councilmember Gregory.

RESOLUTION: 03-631-2016

Sponsored by: Councilmember Williams

BE IT RESOLVED BY THE CITY COUNCIL OF MOBILE, ALABAMA, that David McGrath is re-appointed to the Public Education Building Authority effective November 8, 2016 for a term ending November 8, 2022.

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, Small, Williams, Rich and Gregory
Nays: None

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

RE-APPOINT RICHARD GENTRY TO THE MOBILE HISTORIC DEVELOPMENT COMMISSION. The following resolution was introduced by Councilmember Gregory.

RESOLUTION: 03-632-2016

Sponsored by: Councilmember Williams

BE IT RESOLVED BY THE CITY COUNCIL OF MOBILE, ALABAMA, that Richard Gentry is re-appointed to the Mobile Historic Development Commission for a term ending August 31, 2020.

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, Small, Williams, Rich and Gregory
Nays: None

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

RE-APPOINT VINCENZO FINIZOLA TO THE CITIZENS’ PARK AND RECREATION ADVISORY COMMITTEE. The following resolution was introduced by Councilmember Gregory.

RESOLUTION: 03-633-2016

Sponsored by: Councilmember Williams

BE IT RESOLVED BY THE CITY COUNCIL OF MOBILE, ALABAMA, that Vincenzo Finizola is re-appointed to the Citizens' Parks and Recreation Advisory Committee for a term ending November 1, 2017.

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, Small, Williams, Rich and Gregory
Nays: None

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

RE-APPOINT DAVID CALAMETTI TO THE MOBILE TENNIS CENTER ADVISORY BOARD. The following resolution was introduced by Councilmember Gregory.

RESOLUTION: 03-634-2016

Sponsored by: Councilmember Williams

BE IT RESOLVED BY THE CITY COUNCIL OF MOBILE, ALABAMA, that David Calametti is re-appointed to the Mobile Tennis Center Advisory Board for a term ending July 5, 2017.

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, Small, Williams, Rich and Gregory
Nays: None

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

REPAPOINT RODGER TEW TO THE GOLF COURSE ADVISORY COMMITTEE. The following resolution was introduced by Councilmember Gregory.

RESOLUTION: 03-635-2016

Sponsored by: Councilmember Williams

BE IT RESOLVED BY THE CITY COUNCIL OF MOBILE, ALABAMA, that Rodger Tew is re-appointed to the Golf course Advisory Committee for a term ending September 11, 2019.

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, Small, Williams, Rich and Gregory
Nays: None

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

RE-APPOINT RAPHAEL MAHARAG TO THE KEEP MOBILE BEAUTIFUL COMMISSION. The following resolution was introduced by Councilmember Gregory.

RESOLUTION: 03-636-2016

Sponsored by: Councilmember Williams

BE IT RESOLVED BY THE CITY COUNCIL OF MOBILE, ALABAMA, that Raphael Maharaj is re-appointed to the Keep Mobile Beautiful Commission for a term ending February 8, 2018.

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, Small, Williams, Rich and Gregory
Nays: None

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

RE-APPOINT HENRIETTA HARRIS TO THE HUMAN RELATIONS COMMISSION. The following resolution was introduced by Councilmember Gregory.

RESOLUTION: 03-637-2016

Sponsored by: Councilmember Williams

BE IT RESOLVED BY THE CITY COUNCIL OF MOBILE, ALABAMA, that Henrietta Harris is re-appointed to the Human Relations Commission for a term ending February 8, 2018.

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, Small, Williams, Rich and Gregory
Nays: None

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

RE-APPOINT PETE RIEHM TO THE SOLID WASTE DISPOSAL AUTHORITY. The following resolution was introduced by Councilmember Gregory.

RESOLUTION: 03-638-2016

Sponsored by: Councilmember Williams

BE IT RESOLVED BY THE CITY COUNCIL OF MOBILE, ALABAMA, that Pete Riehm is re-appointed to the Solid Waste Disposal Authority for a term ending July 15, 2021.

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, Small, Williams, Rich and Gregory
Nays: None

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

RE-APPOINT KIM WILLETT TO THE MOBILE LIBRARY BOARD. The following resolution was introduced by Councilmember Gregory.

RESOLUTION: 03-639-2016

Sponsored by: Councilmember Small

BE IT RESOLVED BY THE CITY COUNCIL OF MOBILE, ALABAMA, that Kim Willett is re-appointed to the Mobile Library Board effective immediately for a term ending September 30, 2020.

BE IT RESOLVED BY THE CITY COUNCIL OF MOBILE, ALABAMA, that Kim Willett is re-appointed to the Mobile Library Board effective immediately for a term ending September 30, 2020.

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, Small, Williams, Rich and Gregory
Nays: None

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

RE-APPOINT SHERI WEBER TO THE WATER AND SEWER BOARD OF COMMISSIONERS. The following resolution was introduced by Councilmember Gregory.

RESOLUTION: 03-648-2016

Sponsored by: Councilmember Rich

BE IT RESOLVED BY THE CITY COUNCIL OF MOBILE, ALABAMA, that Shed Weber is re-appointed to the Water and Sewer Board of Commissioners effective immediately for a term ending October 1, 2022.

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, Rich and Gregory
Nays: None
Abstained: Small

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

RECOMMEND APPROVAL TO THE ABC BOARD FOR ISSUANCE OF A RESTAURANT RETAIL LIQUOR LICENSE FOR LA COCINA MEXICAN RESTAURANT, 830 WEST I-65 SERVICE ROAD SOUTH. The following resolution was introduced by Councilmember Gregory.

RESOLUTION: 37-640-2016

Sponsored by: Councilmember Daves

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

Type of application: Restaurant Retail Liquor License

Submitted by: La Cocina Mexican Restaurant, LLC

Location: La Cocina Mexican Restaurant
830 West 1-65 Service Road South
Mobile, AL 36609

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

Ayes: Richardson, Manzie, Small, Williams, 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 # 1550. The following resolution was introduced by Councilmember Richardson.

RESOLUTION: 58-641-2016

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 #1550 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 8th day of November, 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 Richardson moved that the resolution be adopted, which was seconded by Councilmember Manzie, and the vote was as follows:

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

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

SUSPENSION OF RULES FOR IMMEDIATE CONSIDERATION OF CIP RESOLUTION BEING INTRODUCED FOR THE FIRST TIME.

Councilmember Richardson moved for the suspension of the rules to consider CIP Resolution 21-642 being introduced for the first time. The motion was seconded by Councilmember Gregory, and the vote was as follows:

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

The Presiding Officer declared unanimous consent granted for the item.

AUTHORIZE CONTRACT WITH MICOR, INC. D/B/A MDS CONSTRUCTION FOR FIGURES PARK-SWING SETS AND FURNISHINGS, $49,371.00 (2016 CIP PROJECT #34, D1). The following resolution was introduced by Councilmember Richardson.

RESOLUTION: 21-642-2016

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: Micor, Inc., d/b/a MDS Construction

Project name: Figures Park - Swing Sets and Furnishings

Project number: PR-024-16

Amount: $49,371.00 (2016 CIP Project#34, District 1)

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

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

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

RESOLUTIONS BEING INTRODUCED:

AUTHORIZE AGREEMENT FOR TRANSPORTATION ALTERNATIVES PROJECT (TAP) WITH THE STATE OF ALABAMA FOR SIDEWALKS ALONG BIT AND SPUR ROAD BETWEEN OLD SHELL ROAD AND WILKINSON WAY, $199,467.34 ($159,573.88 GRANT FUNDS; MATCHING FUNDS PROVIDED BY VILLAGE OF SPRING HILL). The following resolution was held over for one (1) week until the regular meeting of Tuesday, October 11, 2016.

RESOLUTION: 01-643-2016

Sponsored by: Councilmember Daves and Mayor Stimpson

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

1. That the City enter into an agreement with the State of Alabama, acting by and through the Alabama Department of Transportation relating to the Transportation Alternatives Project No. TAPIVIB-TA16(946) for Bit and Spur Road Sidewalks with partial funding by the Federal Highway Administration, which Agreement is before this Council;

2. That the Agreement be executed in the name of the City, for and on behalf of the City, by its Mayor;

3. That it be attested by the Clerk and the seal of the City affixed thereto.

BE IT FURTHER RESOLVED, that upon the completion of the execution of the Agreement by all parties, that a copy of such Agreement be kept on file by the City Council.

I, the undersigned qualified and acting City Clerk of the City of Mobile, Alabama, do hereby certify that the above and foregoing is a true copy of a resolution lawfully passed and adopted by the City Council named therein, at a regular meeting of such Council held on the day of 20 and that such resolution is on file in the City Clerk's Office.

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City on this day of 20 .

AUTHORIZE AGREEMENT WITH MOBILE COUNTY COMMISSION FOR THE COUNTY, THROUGH AN AGREEMENT WITH ADEM, TO REIMBURSE THE CITY FOR PICK-UP AND DISPOSAL OF SCRAP TIRES. The following resolution was held over for one (1) week until the regular meeting of Tuesday, October 11, 2016.

RESOLUTION: 01-644-2016

Sponsored by: 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, an agreement between the Mobile County Commission and the City of Mobile for the County of Mobile through an agreement with ADEM to reimburse the City for the pickup and disposal of scrap tires


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