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 11, 2016

MUNICIPAL BUILDING, MOBILE, ALABAMA, OCTOBER 11, 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 11, 2016, at 9:00 a.m.

Present:
Chairman: Gregory
Councilmembers: Richardson, Manzie, Small and Rich
Absent: Williams and 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 11, 2016

The Council of the City of Mobile, Alabama, met in the Auditorium of the Mobile Government Plaza on Tuesday, October 11, 2016, at 10:30 a.m., in regular meeting.

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

Dr. Reverend Rob Couch, Christ United Methodist, offered an invocation.

The Presiding Officer led the Pledge of Allegiance.

Present on Roll Call:

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

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 October 4, 2016, were approved as submitted.

COMMUNICATIONS FROM THE MAYOR:

Mayor Stimpson reported that Moody’s Investor Service has revised the City of Mobile’s credit rating from a negative outlook to stable due to the city's position as an economic hub, its new budgeting practices and its sizable reserves that provide financial flexibility.

Mayor Stimpson communicated congratulations and well wishes to Visit Mobile President and CEO Al Hutchinson on his new position in Baltimore, Maryland.

Mayor Stimpson indicated he selected Shayla Beaco to be the City of Mobile’s Executive Director of Build Mobile. She will oversee planning and zoning, historical development, long range planning, urban design, inspecting and permitting.

Mayor Stimpson reported the City made over $1 million from the sale of 418 pieces of old equipment.

The Mayor announced the National League of Cities awarded a $40,000.00 CHAMPS grant to the City to provide after school lunches and summer meals.

Councilmember Gregory read a proclamation declaring October 2016 as “National Domestic Violence” month in Mobile. Penelope House Executive Director Tonie Ann Coumanis Torrans accepted the proclamation.

Councilmember Manzie presented members of the Downtown Mobile Alliance with Certificates of Appreciation for their work in the beautification of downtown and providing concierge services to visitors.

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, Small, 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 Diane McCaskey, Family Promise, for a waiver of the Noise Ordinance at 1255 Dauphin Street (Alabama School of Math and Science), on October 22, 2016, from 7:00 p.m. – 10:00 p.m. (District 2).

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

Ayes: Richardson, Manzie, Small, 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 request of Susan Healy for a waiver of the Noise Ordinance at 155 Marine Street, on October 29, 2016, from 8:00 p.m. – 11:00 p.m. (District 2).

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

Ayes: Richardson, Manzie, Small, 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 request of Lee’Anna Watson for a waiver of the Noise Ordinance at 66 Marcus Drive, on October 29, 2016, from 6:00 p.m. – 10:00 p.m. (District 5).

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

Ayes: Richardson, Manzie, Small, 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 DETERMINE IF THE STRUCTURE AT 526 DONALD STREET IS A PUBLIC NUISANCE AND ORDER IT REPAIRED OR DEMOLISHED (DISTRICT 1).

The Presiding Officer announced that today was the day for the public hearing to determine if the structure at 526 Donald Street is a public nuisance and order it repaired or demolished 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.

PUBLIC HEARING TO DETERMINE IF THE STRUCTURE AT 261 RYLANDS STREET IS A PUBLIC NUISANCE AND ORDER IT REPAIRED OR DEMOLISHED (DISTRICT 2).

The Presiding Officer announced that today was the day for the public hearing to determine if the structure at 261 Rylands Street is a public nuisance and order it repaired or demolished 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.

PUBLIC HEARING TO DETERMINE IF THE STRUCTURE AT 1158 NEWMAN LANE IS A PUBLIC NUISANCE AND ORDER IT REPAIRED OR DEMOLISHED (DISTRICT 2).

The Presiding Officer announced that today was the day for the public hearing to determine if the structure at 1158 Newman Lane is a public nuisance and order it repaired or demolished 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:

None

NON-AGENDA ITEMS:

Chairman of the History Museum of Mobile Board Greg Reynolds, 111 S. Royal Street, provided the Council with an update on the History Museum and introduced the museum’s new Director Ron Jamro.

Irene Antone, 2202 Clinton Street, addressed the Council with her concerns regarding historic buildings in downtown.

Vince Emmons, Down Syndrome Society, invited the Council and public to participate in the 9th Annual “Buddy Walk” on Saturday, October 15, 2016, 10:00 a.m., beginning in Bienville Square.

ORDINANCES HELD OVER:

ADOPT AND APPROVE 2016 ORGANIZATION CHART FOR THE CITY OF MOBILE. The following ordinance was introduced by Councilmember Small.

ORDINANCE: 02-048-2016

Sponsored by: Mayor Stimpson

AN ORDINANCE ADOPTING THE ATTACHED ORGANIZATIONAL CHART AND THE REORGANIZATION OF CITY DEPARTMENTS AND DUTIES AS REFLECTED THEREON BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MOBILE, ALABAMA, as follows:

1. That the City Council, upon recommendation of the Mayor of Mobile, does hereby adopt and approve the attached organizational chart for the City of Mobile and the reorganization of City departments and duties reflected thereon.

2. That the attached organizational chart for the City of Mobile is incorporated herein by reference.


Councilmember Small moved that the ordinance be adopted which motion was seconded by Councilmember Gregory, and the vote was as follows:

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

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

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 ordinance was introduced by Councilmember Small.

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.

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

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

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

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

Sponsored by: Mayor Stimpson

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.

Councilmember Rich moved that the ordinance be held over for one (1) week until the regular meeting of Wednesday, October 19, 2016 which motion was seconded by Councilmember Small, and the vote was as follows:

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

The vote was then announced by the City Clerk, whereupon the Presiding Officer declared the ordinance held over.

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.

Councilmember Gregory moved that the resolution be adopted which motion was seconded by Councilmember Rich, and the vote was as follows:

Ayes: Richardson, Manzie, Small, 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 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, held over for one (1) week until the regular meeting of Tuesday, October 4, 2016 and held over again until the regular meeting of Tuesday, October 11, 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 Wednesday, October 19, 2016, which was seconded by Councilmember Gregory, and the vote was as follows:

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

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

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 which was held over for one (1) week until the regular meeting of Tuesday, October 11, 2016 was called up by the Presiding Officer.

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 .

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

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

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

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

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 in the city limits and the City's police jurisdiction. 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 Small moved that the resolution be adopted, which was seconded by Councilmember Manzie, and the vote was as follows:

Ayes: Richardson, Manzie, Small, 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 APEX CONSTRUCTION COMPANY, LLC FOR NUISANCE ABATEMENT-POOL DEMOLITION, 2916 GASLIGHT LANE SOUTH, $9,250.00 (D6; DM-213-16). The following resolution which was held over for one (1) week until the regular meeting of Tuesday, October 11, 2016 was called up by the Presiding Officer.

RESOLUTION: 21-645-2016

Sponsored by: Councilmember Rich and Mayor Stimpson

BE IT RESOLVED BY THE CITY COUNCIL OF MOBILE, ALABAMA, that the Mayor and the City Clerk be, and they hereby are, authorized and directed to execute and attest, respectively, for and on behalf 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: Apex Construction Company, LLC

Project name: Nuisance Abatement - Pool Demolition
2916 Gaslight Lane South

Project number: DM-213-16

Amount: $9,250.00

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

Ayes: Richardson, Manzie, Small, 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 PREMIUM PARKING OF ALABAMA, LLC FOR PARKING MANAGEMENT IN THE CRUISE TERMINAL AND CIVIC CENTER OVERFLOW LOT (CONTINGENT ON NET REVENUE FROM RECEIPTS). The following resolution which was held over for one (1) week until the regular meeting of Tuesday, October 11, 2016 was called up by the Presiding Officer.

RESOLUTION: 21-649-2016

Sponsored by: 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 PREMIUM PARKING OF ALABAMA, LLC, in the amount of net revenue from parking fees to be paid to the City of Mobile, for twelve months, and renewable for two additional twelve month periods, for the management of parking operations in 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 Gregory moved that the resolution be adopted, which was seconded by Councilmember Rich, the vote was as follows:

Ayes: Richardson, Manzie, Small, 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:

AMEND CITY CODE CHAPTER 63 PERTAINING TO WRECKER SERVICE. The following ordinance was held over for one (1) week until the regular meeting of Wednesday, October 19, 2016.

ORDINANCE: 63-055-2016

Sponsored by: Mayor Stimpson

AN ORDINANCE TO AMEND MOBILE CITY CODE CHAPTER 63 PERTAINING TO WRECKER SERVICE

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

I. Chapter 63, Wrecker Service, Article 1- In General, Section 2, Definitions, of the Municipal Code of the City of Mobile is hereby amended to read as follows:

Sec. 63-2. - Definitions.

As used in this article, the following term is defined as follows:

Terminal shall mean the principal place of business, storage facility, warehouse,
parking lot, impound yard or a wrecker business.

11. Chapter 63, Wrecker Service, Article I - In General, Section 4, Business license, vehicle inspection, and awareness level hazardous materials training certification permits required, is hereby amended to read in its entirety as follows:

Sec. 63-4. - Business license, vehicle inspection, and awareness level hazardous materials training certification permits required.

(a) No person shall engage in the business or operate wreckers on the streets within the city without first obtaining a license to do business from the revenue department of the city, without first obtaining a vehicle inspection permit for each wrecker to be operated, in accordance with this chapter to be issued by the police department, and without first obtaining awareness level hazardous material training for each employee of the wrecker company who may respond pursuant to a call from either the city or the general public on an annual basis.

(b) The requirement for business licensure, vehicle inspection permits and hazardous material training, set out in subsection (a), above, shall not apply to wrecker services that are not located within the City limits or police jurisdiction or do not perform point-to point towing within the City or wrecker services and do not maintain a terminal within the City or its police jurisdiction.

CONSENT RESOLUTIONS BEING INTRODUCED:

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

Councilmember Richardson moved for the suspension of the rules to consider Consent Resolutions 03-650 – 46-666 being introduced for the first time. The motion was seconded by Councilmember Gregory, and the vote was as follows:

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

The Presiding Officer declared unanimous consent granted for the item.

APPOINT EMMANUEL ROBERTS TO THE CITY OF MOBILE, ALABAMA POLICE AND FIREFIGHTERS RETIREMENT PLAN BOARD. The following resolution was introduced by Councilmember Manzie.

RESOLUTION: 03-650-2016

Sponsored by: Councilmember Manzie

BE IT RESOLVED BY THE CITY COUNCIL OF MOBILE, ALABAMA, that Emmanuel Roberts is hereby appointed to the City of Mobile, Alabama Police and Firefighters Retirement Plan Board effective immediately for a term ending June 11, 2019.

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

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

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

REALLOCATE $109,171.37 FROM ALABAMA MUNICIPAL TRUST FUND (2010) TO GRANT FUND-CRUISE GRANT (5016) FROM CAPITAL PROJECT #CO259 CRUISE TERMINAL-EQUIPMENT AND MISCELLANEOUS. The following resolution was introduced by Councilmember Gregory.

RESOLUTION: 09-651-2016

Sponsored by: Mayor Stimpson

BE IT RESOLVED BY THE COUNCIL OF THE CITY OF MOBILE, ALABAMA, that the sum of $109,171.37 be re-allocated from Capital Project #CO259 Cruise Terminal - Equipment & Misc. in the Alabama Municipal Trust Fund (2010) to Grant Fund-Cruise Grant (5016).

The resolution was read by the City Clerk; whereupon Councilmember Gregory moved that the resolution be adopted, which was seconded by Councilmember Small,

Councilmember Rich asked the Administration for the balance in the trust fund.

Executive Director of Finance Paul Wesch responded:

“Madam President, I think I can personally answer that question. As you recall, the State of Alabama committed $2.4 million to improvements at the Cruise Terminal and you devoted the Alabama Trust Fund to that same purpose in the amount of $1.7 million. One of the larger contracts that was committed from the State bond money was for the electrical and mechanical work at the Cruise Terminal. Today’s $109,000.00 is taking that money from the Alabama Trust Fund and putting it into the grant fund to satisfy the balance on that contract which was with Bill Smith Electric. I do not have the balance in the Alabama Trust Fund, but as soon as I get that I will e-mail it to you.”

and the vote was as follows:

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

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

REALLOCATE $250,000.00 FROM CAPITAL PROJECT E0010 EQUIPMENT-ADMINISTRATIVE SERVICES IN THE CAPITAL IMPROVEMENT FUND TO CAPITAL PROJECT C0253 RECREATION-HANK AARON STADIUM RENOVATION & REPAIRS. The following resolution was held over for one (1) week until the regular meeting of Wednesday, October 19, 2016.

RESOLUTION: 09-652-2016

Sponsored by: Mayor Stimpson

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MOBILE, ALABAMA, that the sum of $250,000 be reallocated from Capital Project E0010 Equipment - Administrative Services in the Capital Improvements Fund to Capital Project CO253 Recreation - Hank Aaron Stadium Renovation & Repairs.

RECOMMEND APPROVAL TO THE ABC BOARD FOR ISSUANCE OF A RETAIL BEER/TABLE WINE (OFF PREMISES ONLY) LICENSE FOR SCHILLINGER ENERGIZE, 225 SCHILLINGER ROAD NORTH. The following resolution was introduced by Councilmember Richardson.

RESOLUTION: 37-653-2016

Sponsored by: Councilmember Gregory

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

Type of application: Retail Beer/Table Wine (Off Premises Only) License

Submitted by: Schillinger Energize, LLC

Location: Schillinger Energize
225 Schillinger Road North
Mobile, AL 36608

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

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

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

RECOMMEND APPROVAL TO THE ABC BOARD FOR ISSUANCE OF A RETAIL BEER/TABLE WINE (ON/OFF PREMISES) LICENSE FOR A LA CORK, 6808 AIRPORT BOULEVARD, SUITE B. The following resolution was introduced by Councilmember Richardson.

RESOLUTION: 37-654-2016

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


Type of application: Retail Beer/Table Wine (On/Off Premises) License

Submitted by: Klorin, LLC

Location: A La Cork
6808 Airport Boulevard, Suite B
Mobile, AL 36608

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

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

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

DECLARE THE STRUCTURE AT 526 DONALD STREET A PUBLIC NUISANCE AND ORDER IT REPAIRED OR DEMOLISHED (DISTRICT 1). The following resolution was introduced by Councilmember Small.

RESOLUTION: 40-655-2016

Sponsored by: Councilmember Richardson

WHEREAS, under the provisions of Ordinance No. 11-085, adopted November 26, 2002, the structure at 526 Donald Street has been found by the Building Official of the City of Mobile to be unsafe to the extent that it is a public nuisance; and

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

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MOBILE that the structure at 526 Donald Street described as:

COM E/S DONALD ST -FRONT S OF S/S OF CLEMENT ST - JEFFERSON ST - DONALD ST 533 FT TO POB TH CONT N 41 DEG 15 MIN W 50 FT TH N 70 DEG E 204 FT TO W/S OF DITCH TH S 38 DEG 20 MIN E

Parcel #: 02-29-07-42-00-01-413

Last assessed to: Isaac Braxton
2153 Mimosa Drive
Mobile, AL 36617

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

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

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

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

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

DECLARE THE STRUCTURE AT 261 RYLANDS STREET A PUBLIC NUISANCE AND ORDER IT REPAIRED OR DEMOLISHED (DISTRICT 2). The following resolution was introduced by Councilmember Small.

RESOLUTION: 40-656-2016

Sponsored by: Councilmember Manzie

WHEREAS, under the provisions of Ordinance No. 11-085, adopted November 26, 2002, the structure at 261 Rylands Street has been found by the Building Official of the City of Mobile to be unsafe to the extent that it is a public nuisance; and

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

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MOBILE that the structure at 261 Rylands Street described as:

BEG AT PT ON W/L OF RYLAND ST 259.3 FT NLY FROM NW COR OF RYLAND & CONGRESS STS & RUN TH NLY ALG W/L OF RYLAND ST 40 FT TH WLY 157.81 FT TH SLY 40 FT TH ELY 157.81 FT TO BEG BEING LOT

Parcel #: 02-29-07-25-00-05-013

Last assessed to: Bonita A. Gill
c/o Virginia Brown
261 Rylands Street
Mobile, AL 36603

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

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

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

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

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

DECLARE THE STRUCTURE AT 1158 NEWMAN LANE A PUBLIC NUISANCE AND ORDER IT REPAIRED OR DEMOLISHED (DISTRICT 2). The following


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