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 19, 2016

MUNICIPAL BUILDING, MOBILE, ALABAMA, OCTOBER 19, 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 19, 2016, at 9:00 a.m.

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

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 19, 2016

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

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

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

The Presiding Officer led the Pledge of Allegiance.

Councilmember Gregory asked everyone to remain standing for a moment of silence in memoriam of Councilmember Joel Dave’s brother Paty Daves.

Present on Roll Call:

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

Councilmember Gregory reported the Mobile Chamber of Commerce’s Annual Leadership trip to Greenville, South Carolina was productive.

Councilmember Gregory announced the Council will not be touring the cruise terminal today because of the Finance Committee meeting and Police Chief Barber’s recently scheduled meeting for 12:00 p.m. today.

Councilmember Gregory mentioned citizens now have access to computer libraries and free internet access in community centers across the city.

Councilmember Gregory declared the City is currently involved in the design phase for a new traffic signal system on Airport Boulevard that will extend from Bel Air Boulevard to McGregor Avenue.

Councilmember Gregory expressed excitement for the return of Carnival Cruises to Mobile Wednesday, 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.

At approximately 10:45 a.m. Councilmember Williams left the meeting.

APPROVAL OF MINUTES:

The minutes of the meetings of October 11, 2016, were approved as submitted.

COMMUNICATIONS FROM THE MAYOR:

Mayor Stimpson conveyed the enthusiasm and initiatives gained at the Mobile Chamber of Commerce’s leadership trip are noteworthy.

Mayor Stimpson stated he plans to join the Community Foundation and Columbian Ambassador Juan Carlos Pinzon for “Columbia Meets Mobile” to be held on Wednesday, November 2, 2016, at Dauphin’s Restaurant. Discussions will be centered on economic development, trade and connecting communities.

Mayor Stimpson announced he will be joining Mobile Police Chief James Barber and community stakeholders today at 12:00 p.m. to address the recent increase in the city’s murder rate.

ADOPTION OF THE AGENDA:

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

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

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

APPEALS:

The Council considered the request of Rita Harper for a waiver of the Noise Ordinance at Glenwood and Elizabeth Streets, on October 29, 2016, from 4:00 p.m. – 9:00 p.m. (District 1).

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

Ayes: Richardson, Manzie, Small, Daves, 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 Darrius Walker for a waiver of the Noise Ordinance at 2714 Mill Street on November 5, 2016, from 2:00 p.m. – 5:00 p.m. (District 1).

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

Ayes: Richardson, Manzie, Small, Daves, 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 Catherine Collins, Behind the Veil Ministry, Inc., for a waiver of the Noise Ordinance at Bienville Square on November 19, 2016, from 12:00 p.m. – 4:00 p.m. (District 2).

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

Ayes: Richardson, Manzie, Small, Daves, 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 Laqueena Wright for a waiver of the Noise Ordinance at 850 Edwards Street on October 29, 2016, from 3:00 p.m. – 7:00 p.m. (District 2).

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

Ayes: Richardson, Manzie, Small, Daves, 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 April D. Doutt, Cypress Shores Neighborhood, for a waiver of the Noise Ordinance at Benson Road and Patricia Drive on November 4, 2016, from 7:00 p.m. – 10:00 p.m. (District 4).

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

Ayes: Richardson, Manzie, Small, Daves, 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 O’Daly’s Irish Pub for a waiver of the Noise Ordinance at 564 Dauphin Street (lot behind) on October 23, 2016, from 1:00 p.m. – 7:15 p.m. (District 3).

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

Ayes: Richardson, Manzie, Small, Daves, 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 Tomeka Day, A New Day Christian Ministries, for a waiver of the Noise Ordinance at Langan Park on October 22, 2016, from 10:00 a.m. – 2:00 p.m. (District 7).

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

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

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

At approximately 10:48 a.m. Councilmember Williams returned to the meeting.

PUBLIC HEARINGS:

PUBLIC HEARING TO CONSIDER THE APPLICATION OF PRESTON GRIFFITH D/B/A MOBILE PEDICAB, INC. FOR A CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY FOR A PEDICAB SERVICE.

The Presiding Officer announced that today was the day for the public hearing to consider the application of Preston Griffith d/b/a Mobile Pedicab, Inc. for a Certificate of Public Convenience and Necessity and asked if there was anyone present to speak for or against this matter.

Preston Griffith, 2 Schwammle Drive, addressed the Council with information regarding his proposed pedicab service.

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:

Ronald Hunt, 1351 Sandra Drive, read a letter, signed by Tourism Ambassadors from Visit Mobile and addressed to the Council and Mayor, concerning recent changes to the Visitors Center at Fort Conde.

ORDINANCES HELD OVER:

AUTHORIZE LIMITED OBLIGATION SPECIAL TAX WARRANT SERIES 2016, NTE $7,500,000.00. The following ordinance which was introduced and read at the regular meeting of Tuesday, October 11, 2016 and held over until the regular meeting of Wednesday, October 19, 2016 was called up by the Presiding Officer.

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 Daves moved that the ordinance be adopted which motion was seconded by Councilmember Manzie, after comments from Councilmember Rich the vote was as follows:

Ayes: Richardson, Manzie, Williams, Daves and Gregory
Nays: Small and Rich

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

AMEND CITY CODE CHAPTER 63 PERTAINING TO WRECKER SERVICE. The following ordinance which was introduced and read at the regular meeting of Tuesday, October 11, 2016 and held over until the regular meeting of Wednesday, October 19, 2016 was called up by the Presiding Officer.

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.

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

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

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

RESOLUTIONS 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, held over for one (1) week until the regular meeting of October 4, 2016 then held over until the regular meeting of October 11, 2016 and held over again until the regular meeting of October 19, 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 adopted, which was seconded by Councilmember Daves, and the vote was as follows:

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

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

REALLOCATE $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 which was introduced and read at the regular meeting of October 11, 2016 and held over until the regular meeting of October 19, 2016 was called up by the Presiding Officer.

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.

The resolution was read by the City Clerk; whereupon Councilmember Daves 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, Williams, Daves and Gregory
Nays: Rich

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

AUTHORIZE CONTRACT WITH YOUNGBLOOD-BARRETT CONSTRUCTION & ENGINEERING, INC. FOR HANK AARON STADIUM RENOVATIONS & REPAIRS-FIELD DRAINAGE IMPROVEMENTS, $356,261.00 (2017 CIP PROJECT #279, D4; PR-189-16). The following resolution which was introduced and read at the regular meeting of Tuesday, October 11, 2016 and held over until the regular meeting of Wednesday, October 19, 2016 was called up by the Presiding Officer.

RESOLUTION: 21-660-2016

Sponsored by: Councilmember Williams 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: Youngblood-Barrett Construction & Engineering, Inc.

Project name: Hank Aaron Stadium Renovations & Repairs-
Field Drainage Improvements

Project number: PR-189-16

Amount: $356,261.00

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

Ayes: Richardson, Manzie, Small, Williams, Daves and Gregory
Nays: Rich

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

AUTHORIZE CONTRACT WITH SZESZYCKI HOSPITALITY, LLC D/B/A CONCORD SHORE SERVICES TO PROVIDE PASSENGER SHUTTLE SERVICE BETWEEN THE CRUISE TERMINAL AND THE OVERFLOW PARKING AREA AT THE SOUTHWEST CORNER OF THE CIVIC CENTER, $40,000.00 PER YEAR (CRUISE TERMINAL ENT. ACCT.) The following resolution which was introduced and read at the regular meeting of Tuesday, October 11, 2016 and held over until the regular meeting of Wednesday, October 19, 2016 was called up by the Presiding Officer.

RESOLUTION: 21-663-2016

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 SZESZYCKI HOSPITALITY LLC, d/b/a CONCORD SHORE SERVICES, in the amount of approximately $40,000 per year, for twelve months, and renewable for two additional twelve month periods, for parking shuttle service for 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 Daves moved that the resolution be adopted, which was seconded by Councilmember Richardson, and the vote was as follows:

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

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

AUTHORIZE CONTRACT WITH WILLARD ROGERS PAINTING CONTRACTORS, INC. FOR MOBILE INFORMATION TECHNOLOGY (MIT) BUILDING – VCT FLOORING INSTALLATION, $10,527.00 (C0078). The following resolution which was introduced and read at the regular meeting of Tuesday, October 11, 2016 and held over until the regular meeting of Wednesday, October 19, 2016 was called up by the Presiding Officer.

RESOLUTION: 21-664-2016

Sponsored by: Councilmember Manzie and Mayor Stimpson

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

Name of company: Willard Rogers Painting Contractors, Inc.

Project name: Mobile Information Technology (MIT Building
VCT Flooring Installation

Project number: MI-253-16

Amount: $10,527.00

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

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

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

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

Councilmember Richardson moved for the suspension of the rules to consider Ordinance 59-056 being introduced for the first time. The motion was seconded by Councilmember Daves, and the vote was as follows:

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

The Presiding Officer declared unanimous consent granted for the item.

ORDINANCE BEING INTRODUCED:

AMEND CHAPTER 59 OF THE CITY CODE RELATING TO THE APPLICATION FOR CERTIFICATES OF PUBLIC CONVENIENCE AND NECESSITY. The following ordinance was introduced by Councilmember Manzie.

ORDINANCE: 59-056-2016

Sponsored by: Councilmembers Richardson and Manzie

AN ORDINANCE TO AMEND CHAPTER 59 OF THE MOBILE CITY CODE RELATING TO APPLICATIONS FOR CERTIFICATES OF PUBLIC CONVENIENCE AND NECESSITY

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

SECTION ONE. That section 59-2 of the Mobile City Code is hereby amended to amend the definition of the term "Certificate of Public Convenience and Necessity" so that said term is now defined as follows:

Certificate of Public Convenience and Necessity (also sometimes referred to as a "CPCN") means the certificate issued pursuant to a resolution of the City Council, adopted in accordance with applicable provisions of this Article, that authorizes the holder thereof (1) to obtain a business license to operate or cause to be operated, in conformance with the certificate and the applicable provisions of the City Code, an eligible vehicle for hire upon the public streets of the City of Mobile for the convenience and necessity of the public, and (2) to operate one or more vehicles for hire on the public streets of the City of Mobile.

SECTION TWO. That section 59-22 of the Mobile City Code is hereby amended so that it now reads in its entirety as follows:

Section 59-22. Application for Certificate of Public Convenience and Necessity.

(a) Every person who desires a Certificate of Public Convenience and Necessity to operate or cause to operated one or more vehicles for hire on the public streets of the City of Mobile shall, prior to obtaining a business license from the city revenue department, pay a filing fee of one hundred dollars ($100.00) and make a written application fora Certificate of Public Convenience and Necessity to the City Council upon forms to be furnished by the City Clerk, verified under oath, stating:

(1) The name, address, and telephone number of the applicant, specifying, in the case of any unincorporated association, partnership, limited liability company, or firm, the names and addresses of each member or partner (including general and limited partners) thereof, and the quantum of interest of each member or general partner; and, in the case of any corporation whose shares are publicly traded, the names and addresses of each officer and director thereof with the number of shares of stock owned or held by each of them; and, in the case of any corporation whose shares are not publicly traded, the names and addresses of each stockholder, officer, and director thereof with the number of shares of stock owned or held by each of them.

(2) A complete statement by the applicant specifying the amounts of all unpaid judgments against the applicant and each of the applicants members, partners, officers or directors, and the nature of the transaction or acts giving rise to the judgments and the name and location of the court in which, and the date on which, each was entered.

(3) All misdemeanor or felony offenses, including traffic violations, of which the applicant, or any member, partner, officer, or director thereof, has been convicted during the previous seven (7) years. For each conviction identified, the applicant shall also state the name and location of the court in which the conviction was rendered, the date of each such conviction, and the sentence or penalty imposed. Failure to properly identify all such convictions may result in denial of the application.

(4) The street address of the applicant's office within the City of Mobile and the applicants publicly listed telephone number, and the street address and the telephone number of the applicant's proposed base of operations and any depots and terminals proposed to be used by the applicant.

(5) The number of vehicles which the applicant proposes to operate.

(6) A description of the proposed insignia, trade name and color scheme for each vehicle. In the case of taxicabs, the trade name must contain the word "taxicab," "taxi" or "cab."

(7) If the applicant is an individual, proof that the applicant is over the age of nineteen (19) years and has a valid Alabama driver's license.

(8) If the applicant is an individual, proof that the applicant is a citizen of the United States or an alien admitted for permanent residence who has otherwise been granted employment authorization by the United States Immigration and Naturalization Service.

(9) If the applicant is an individual, proof that the applicant has been a resident of the State of Alabama for more than one (1) year immediately preceding the date of application.

(10) Whether the applicant has ever held a Certificate of Public Convenience and Necessity, or similar operating authority, in any other location or jurisdiction, and if so, shall also state the identity of the other location or jurisdiction, the current status of the Certificate or similar operating authority, and whether the Certificate of similar operating authority has ever been revoked or suspended.

(11) Any other relevant information which the City Council, City Clerk, City Revenue Department, or Police Department may require.

(b) In addition to submitting a completed application, each of the applicant's members, partners, officers and directors shall submit to a local criminal history and record check conducted by the Police Department. The applicant shall be responsible for pre-paying all fees associated with the conduct of such local criminal history and record check.

(c) After the application has been completed, the City Clerk shall forward a copy to the Police Department. The Police Department shall review the application and the information provided therein, and shall conduct a local criminal history and record check on each of the applicant's members, partners, officers and directors. The Police Department shall report to the City Council any information pertinent to the application, the applicant, and any of the applicant's members, partners, officers or directors. The City Council shall not consider any application until such time as the Police Department has issued its report to the City Council.

Upon recommendation of the Police Department, the City Council, in its discretion, may require that a criminal history and background check be conducted by the Alabama Bureau of Investigation and/or the National Crime Information Center, before taking any action on an application. If required, the applicant shall be responsible for pre-paying all fees associated with the conduct of any such criminal history and record check.

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

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

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

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

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

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

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 37-668 – 37-675 being introduced for the first time. The motion was seconded by Councilmember Daves, and the vote was as follows:

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

The Presiding Officer declared unanimous consent granted for the item.

CONSENT RESOLUTIONS BEING INTRODUCED:

RECOMMEND APPROVAL TO THE ABC BOARD FOR ISSUANCE OF A RETAIL BEER/TABLE WINE (ON/OFF PREMISES) LICENSE FOR THE BOILING POT, 3704 AIRPORT BOULEVARD. The following resolution was introduced by Councilmember Richardson

RESOLUTION; 37-668-2016

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

Submitted by: The Boiling Pot, LLC

Location: The Boiling Pot
3704 Airport Boulevard
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 Daves, and the vote was as follows:

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

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

RECOMMEND APPROVAL TO THE ABC BOARD FOR ISSUANCE OF A RESTAURANT RETAIL LIQUOR LICENSE FOR ANG BAHAY KUBO, 4513 OLD SHELL ROAD, SUITE D4. The following resolution was introduced by Councilmember Richardson.

RESOLUTION: 37-669-2016

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: Ang Bahay Kubo, LLC

Location: Ang Bahay Kubo
4513 Old Shell Road, Suite D4
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 Daves, and the vote was as follows:

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

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

ASSESS COST FOR REMOVAL OF WEEDS, GROUP #1536. The following resolution was introduced by Councilmember Richardson.

RESOLUTION: 58-670-2016

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

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

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

Section 1. The amount set opposite each described parcel of real property contained in exhibit "A," a copy of which is on file in the Office of the City Clerk and made a part hereof as though set forth in full and known as Group #1536 shall constitute special assessments against such respective parcels of land; and each such parcel of land is hereby assessed with the amount set opposite its description; and the assessment hereby made and confirmed shall constitute a lien on and against each such respective parcel of land for the amount of each respective assessment so made; and the report made to this body of the costs of removing the noxious or dangerous weeds on or in front of the respective parcels of land is hereby in all respects confirmed.

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

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

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

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

ADD FREMIN’S CONTRACTOR SERVICES, LLC TO THE LIST OF PRIVATE CONTRACTORS TO ABATE PROPERTIES DECLARED PUBLIC NUISANCES. The following resolution was introduced by Councilmember Richardson.

RESOLUTION: 58-571-2016

WHEREAS, the City Council of Mobile, Alabama, on February 28, 1990, adopted Ordinance No. 24-014, entitled "AN ORDINANCE AMENDING ORDINANCE NUMBER 24-074 ADOPTED JULY 5, 1988, PROVIDING THAT CERTAIN WEEDS AND DEBRIS WITHIN THE CITY OF MOBILE CONSTITUTE A PUBLIC NUISANCE; ABATEMENT AND PRIVATIZATION PROCEDURES; ASSESSMENT, COLLECTION, AND ENFORCEMENT
PROCEDURES; and

WHEREAS, Article III, Section III, of said Ordinance provided that a "rotation list" of private contractors be established to abate properties declared public nuisances; and

WHEREAS, the following company has complied with all requirements of said Ordinance, and all documentation required by said Ordinance is on file in the Lot Cleaning Division of the Land Use/Code Administration Department.

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MOBILE, ALABAMA, that Fremin's Contractor Services, LLC be added to the rotation list for utilization by the City of Mobile to abate properties declared as public nuisances.

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

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

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

RECOMMEND APPROVAL TO THE ABC BOARD FOR ISSUANCE OF A RETAIL COMMON CARRIER LICENSE FOR AZAMARA QUEST, 201 SOUTH WATER STREET. The following resolution was introduced by Councilmember Richardson.

RESOLUTION: 37-675-2016

Sponsored by: Councilmember Manzie

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

Type of application: Retail Common Carrier License

Submitted by: Royal Carribean Cruises Ltd.,

Location: Azamara Quest
201 South Water Street
Mobile, AL 36602

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

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

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

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

Councilmember Richardson moved for the suspension of the rules to consider Resolutions 37-672 and 21-673 being introduced for the first time. The motion was seconded by Councilmember Gregory, and the vote was as follows:

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

The Presiding Officer declared unanimous consent granted for the item.

RESOLUTIONS BEING INTRODUCED:

APPROVE THE APPLICATION OF PRESTON GRIFFITH D/B/A MOBILE PEDICAB, INC. FOR A CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY FOR A PEDICAB SERVICE. The following resolution was introduced by Councilmember Daves.

RESOLUTION: 37-672-2016

BE IT RESOLVED BY THE CITY COUNCIL OF MOBILE, ALABAMA, pursuant to the provisions of Ordinance #59-073, 2005, that the application of Preston Griffith d/b/a Mobile Pedicab, Inc. for a Certificate of Public Convenience and Necessity for a pedicab service is hereby approved. A copy of said application is on file in the office of the City Clerk.

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

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

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

AUTHORIZE CONTRACT WITH C & C MARINE, LLC FOR CITY OF MOBILE, ALABAMA CRUISE TERMINAL IMPROVEMENTS-MAINTENANCE DREDGING, $287,659.00 (PROJECT #CT-017-16; CO259). The following resolution was introduced by Councilmember Daves.

RESOLUTION: 21-673-2016

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: C & C Marine, LLC



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