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 Jan 02, 2018

MUNICIPAL BUILDING, MOBILE, ALABAMA JANUARY 2, 2018

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, January 2, 2018, at 9:00 a.m.

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

The meeting was called to order. The Council reviewed and discussed the agenda for their meeting to be held today at 10:30 a.m.

The Presiding Officer adjourned the meeting.

Approved: January 9, 2018


_____________________________
COUNCIL VICE PRESIDENT


CITY CLERK

MUNCIPAL BUILDING, MOBILE, ALABAMA, JANUARY 2, 2017

The City Council of the City of Mobile, Alabama, met in the Auditorium of the Mobile Government Plaza on Tuesday, January 2, 20178, at 10:30 a.m., in regular meeting.

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

Chaplain Percy Harris, Mobile Fire-Rescue Department, offered an invocation.

The Presiding Officer led the Pledge of Allegiance.

Present on Roll Call:

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

STATEMENT OF RULES BY COUNCIL VICE 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 meeting of December 19, 2017 were approved as submitted.

COMMUNICATIONS FROM THE MAYOR:

Mayor Stimpson reported that the Dollar General Bowl and the New Year’s Eve Moon Pie Drop were well attended, successful events for Mobile.

Mayor Stimpson stated the City has filed a public nuisance lawsuit against the pharmaceutical drug manufacturers and wholesale drug distributors of opioid drugs.

Mayor Stimpson announced the make-up days for trash pick-up missed during the holidays will be January 6 and 8.

Mayor Stimpson reminded citizens the City has several locations for Christmas tree recycling.

ADOPTION OF THE AGENDA:

Councilmember Small moved to adopt the agenda, which motion 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 agenda adopted.

PUBLIC HEARINGS:

PUBLIC HEARING TO REZONE PROPERTY AT 812, 816, 818, 820 AND 822 HOLCOMBE AVENUE (NORTH SIDE OF HOLCOMBE AVENUE, 50 ± WEST OF EUCLID AVENUE) FROM R-1 AND B-3 TO B-3.

The Presiding Officer announced that today was the day for the public hearing to rezone property at 812, 816, 818, 820 and 822 Holcombe Avenue 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 ordinance authorizing the proper action would be introduced later in the meeting.

PRESENTATIONS OF PETITIONS AND OTHER COMMUNICATIONS TO THE COUNCIL:

AGENDA ITEMS:

None.

NON-AGENDA ITEMS:

None.

ORDINANCES HELD OVER:

DEEM PROPERTY LOCATED AT 258 NORTH HAMILTON STREET, NOT NOW NEEDED FOR PUBLIC OR MUNICIPAL PURPOSES AND AUTHORIZING THE SALE THEREOF TO HISTORIC MOBILE, LLC. The following ordinance which was introduced and read at the regular meeting of Tuesday, December 19, 2017 and held over for two (2) weeks until the regular meeting of January 2, 2018 was called up by the Presiding Officer.

ORDINANCE: 88-051-2017

Sponsored by: Councilmember Manzie

AN ORDINANCE DEEMING CERTAIN PROPERTY NOT NOW NEEDED FOR PUBLIC OR MUNICIPAL PURPOSES AND AUTHORIZING THE SALE THEREOF

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

SECTION ONE: It is hereby found and determined by the City Council of the City of Mobile, Alabama, that the property at 258 North Hamilton Street hereinafter described is not now needed for public or municipal purposes and that it is in the best interest of the City of Mobile and in the public interest that said property be sold to HISTORIC MOBILE, LLC:

Beginning at a point on the East side of Hamilton Street a distance of 70 feet south from the southeast comer of Hamilton and Congress Streets, thence southwardly a distance of 40 feet for a front and extending back eastwardly and parallel with Congress Street a distance of 94 feet 6 inches with equal width in rear as in front. (Parcel H) R022906400003I04)

SECTION TWO: The Mayor and the City Clerk are hereby authorized and directed to execute and attest, respectively, for and in the name, and on behalf of the City of Mobile, the Purchase Agreement when prepared for the property shown above.

SECTION THREE: The Mayor and the City Clerk are also hereby authorized and directed to execute and attest, respectively, for and in the name, and on behalf of the City of Mobile, the Warranty Deed when prepared for the property shown above.

SECTION FOUR: Said Purchase Agreement and Warranty Deed are by reference made a part of this ordinance as fully as if set forth herein, and a copy of such will be on file in the office of the City Clerk and in the office of the Real Estate Officer of the City of Mobile, 4th Floor, Government Plaza, 205 Government Street, Mobile, Alabama.

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 Rich moved that the ordinance 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 ordinance adopted.

CIP RESOLUTIONS HELD OVER:

AUTHORIZE CONTRACT WITH SAWGRASS CONSULTING, INC. FOR 2018 CIP CITY-WIDE RESURFACING PROJECT, $302,700.00 (PROJECT NO. 2018-3005-13; RSF18; D #1-7, #31, #99, #202, #267, #338, #394 AND #450). The following resolution which was introduced and read at the regular meeting of Tuesday, December 19, 2017 and held over for two (2) weeks until the regular meeting of January 2, 2018 was called up by the Presiding Officer.

RESOLUTION: 21-816-2017

Sponsored by: City Council and Mayor Stimpson

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

Name of company: Sawgrass Consulting, LLC

Project name: 2018 CIP City Wide Resurfacing, LLC

Project no.: 2018-3005-13

Estimated cost: $302,700.00

The resolution was read by the City Clerk; whereupon Councilmember Richardson moved that the resolution be adopted, which was seconded by Councilmember Williams 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 GULF COAST UNDERGROUND, LLC FOR 2017 CIP MISCELLANEOUS DRAINAGE REPAIRS-PIPE LINING, $512,888.50 (D1-#27; D2-#89; D4-#252; D5-#316 AND D7-#432 AND #446). The following resolution which was introduced and read at the regular meeting of Tuesday, December 19, 2017 and held over for two (2) weeks until the regular meeting of January 2, 2018 was called up by the Presiding Officer.

RESOLUTION: 21-817-2017

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

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

Name of company: Gulf Coast Underground, LLC

Project name: 2017 CIP Miscellaneous Drainage Repairs - Pipe Lining
(D1-#27, D2-#89, D4-#253, 263, D5-#316, D7-#432, 446)

Estimated cost: $512,888.50

The resolution was read by the City Clerk; whereupon Councilmember Richardson moved that the resolution be adopted, which was seconded by Councilmember Williams 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 DELTA FLOORING, INC. FOR TOULMINVILLE PUBLIC LIBRARY-FLOORING REPLACEMENT, $82,100.00 (LK-122-17; 2017 CIP #59, CITY-WIDE; CO131). The following resolution which was introduced and read at the regular meeting of Tuesday, December 19, 2017 and held over for two (2) weeks until the regular meeting of January 2, 2018 was called up by the Presiding Officer.

RESOLUTION: 21-824-2017

Sponsored by: Councilmember Richardson and Mayor Stimpson

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

Name of company: Delta Flooring, Inc.

Project name: Toulminville Public Library - Flooring Replacement

Project number: LI-122-17

Amount: $82,100.00

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

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

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

RESOLUTIONS HELD OVER:

REALLOCATE $100,000.00 FROM CAPITAL PROJECT CO337 GRANT MATCH-PARKS & RECREATION IN THE CAPITAL IMPROVEMENTS FUND 2000 TO GRANT FUND 5019; 50195019.42200 PARKS AND RECREATION, PROFESSIONAL AND TECHNICAL FOR A GRANT MATCH. The following resolution which was introduced and read at the regular meeting of Tuesday, December 19, 2017 and held over for two (2) weeks until the regular meeting of January 2, 2018 was called up by the Presiding Officer.

RESOLUTION: 09-819-2017

Sponsored by: Mayor Stimpson

BE IT RESOLVED BY THE COUNCIL OF THE CITY OF MOBILE, ALABAMA, that the sum of $100,000.00 be reallocated from Capital Project #C0337 Grant Fund-Parks & Recreation Master Plan in the Capital Improvement Fund (2000) to the Grants Fund Parks and Recreation Master Plan (50195019.42200) Parks and Recreation Professional and Technical.

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.

REALLOCATE $27,000.00 FROM EXECUTIVE DIRECTOR OF ENGINEERING & DEVELOPMENT PROFESSIONAL AND TECHNICAL (10042000-42200) ACCOUNT TO THE PARKS & RECREATION SYSTEM IMPROVEMENT PLAN GRANT ACCOUNT (50195019-93010). The following resolution which was introduced and read at the regular meeting of Tuesday, December 19, 2017 and held over for two (2) weeks until the regular meeting of January 2, 2018 was called up by the Presiding Officer.

RESOLUTION: 09-820-2017

Sponsored by: Mayor Stimpson

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MOBILE, ALABAMA, that the sum of twenty-seven thousand dollars ($27,000) be reallocated from the Senior Planning Director General Budget (10043000) Professional and Technical (42200) to the Grant Fund Parks and Recreation Master Plan (50195019-93010).

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.

REALLOCATE $4,500.00 FROM DISTRICT 5 DISCRETIONARY ACCOUNT DSC-05, GENERAL FUND 1000 TO CAPITAL IMPROVEMENTS FUND 2000, TRAFFIC ENGINEERING-CAPITAL PROJECT 30043, STREET TRAFFIC IMPROVEMENTS FOR 10 DECORATIVE STREET POLES TO MOUNT SECURITY CAMERAS THAT WILL BE INSTALLED BY PROJECT SHIELD. The following resolution which was introduced and read at the regular meeting of Tuesday, December 19, 2017 and held over for two (2) weeks until the regular meeting of January 2, 2018 was called up by the Presiding Officer.

RESOLUTION: 09-821-2017

Sponsored by: Councilmember Daves

BE IT RESOLVED BY THE COUNCIL OF THE CITY OF MOBILE, ALABAMA, that the sum of $4,500.00 be transferred from the General Fund, District 5 Discretionary Account D8C-05 to the Capital Improvements Fund, Capital Project E0043, Traffic Engineering - Street Traffic Improvements to be used to purchase 10 decorative street poles to mount security cameras that will be hooked up to Project Shield.

The resolution was read by the City Clerk; whereupon Councilmember Daves moved that the resolution be adopted, which was seconded by Councilmember Williams 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 AEIKER CONSTRUCTION CORPORATION FOR LADD-PEEBLES STADIUM-CONCESSIONS ROLL-UP WINDOW REPLACEMENT-PHASE I, $50,355.00 (PR-209-17; CO029). The following resolution which was introduced and read at the regular meeting of Tuesday, December 19, 2017 and held over for two (2) weeks until the regular meeting of January 2, 2018 was called up by the Presiding Officer.

RESOLUTION: 21-822-2017

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: Aeiker Construction Corporation

Project name: Ladd-Peebles Stadium - Concessions Roll-up Window
Replacement - Phase 1

Project number: PR-209-17

Amount: $50,355.00

The resolution was read by the City Clerk; whereupon Councilmember Richardson moved that the resolution be adopted, which was seconded by Councilmember Williams 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.

ORDINANCES BEING INTRODUCED:

REZONE PROPERTY AT 812, 816, 818, 820 AND 822 HOLCOMBE AVENUE (NORTH SIDE OF HOLCOMBE AVENUE, 50 ± WEST OF EUCLID AVENUE) FROM R-1 AND B-3 TO B-3 (DISTRICT 5). The following ordinance was held over for one (1) week until the regular meeting of Tuesday, January 9, 2018.

ORDINANCE: 64-001-2018

Sponsored by: Councilmember Daves

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 PORTION OF RESERVE "D" BON AIR ESTATES, ACCORDING TO FLAT THEREOF RECORDED IN DEED BOOK 156, N.S., PAGES 374-377 OF THE RECORDS IN THE OFFICE OF THE JUDGE OF PROBATE OF MOBILE COUNTY, ALABAMA, WHICH IS BOUNDED BY A LINE DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF LOT 18, BLOCK 34, ACCORDING TO SAID PLAT OF BON AIR ESTATES; RUNNING THENCE IN A SOUTHWESTERLY DIRECTION ALONG THE WEST LINE OF HOLCOMBE AVENUE TO ESLAVA CREEK; RUNNING THENCE NORTHWARDLY WITH THE MEANDERS OF ESLAVA CREEK TO THE EAST LINE OF THE RIGHT OF WAY NOW OR FORMERLY OF THE BAY SHORE DIVISION OF THE MOBILE & OHIO RAILROAD; RUNNING THENCE NORTHWESTWARDLY ALONG SAID RIGHT OF WAY TO THE SOUTHWEST CORNER OF SAD) LOT 18; THENCE RUNNING IN AN EASTERLY DIRECTION 138 FEET, MORE OR LESS, ALONG THE SOUTH LINE OF SAID LOT 18 TO THE POINT OF BEGINNING.

PARCEL B:

FROM THE SOUTHWEST CORNER OF LOT 18 OF BLOCK 34 OF BON AIR ESTATES, A SUBDIVISION, ACCORDING TO THE PLAT THEREOF RECORDED IN DEED BOOK 156, N.S., PAGES 374-377 OF THE RECORDS IN THE OFFICE OF THE JUDGE OF PROBATE OF MOBILE COUNTY, ALABAMA, SAID POINT BEING ON THE EAST RIGHT OF WAY LINE OF THE BAY SHORE DIVISION OF THE GULF, MOBILE & OHIO RAILROAD; THENCE RUN WESTWARDLY ALONG THE SOUTH LINE OF SAID LOT 18 EXTENDED, TO A POINT ON THE WEST LINE OF THE RIGHT OF WAY OF THE SATO BAY SHORE DIVISION; THENCE RUN NORTHWARDLY ALONG THE WEST LINE OF SAID RIGHT OF WAY 59.8 FEET TO A POINT MARKED BY AN IRON PHE, WHICH POINT IS THE POINT OF BEGINNING OF THE PROPERTY HEREIN DESCRIBED, SAID POINT BEING ALSO THE INTERSECTION WITH THE SOUTH LINE OF BANKHEAD PLACE, A SUBDIVISION, ACCORDING OT PLAT THEREOF RECORDED IN MAP BOOK 6, PAGES 515-516 OF SAID RECORDS; THENCE RUN INA SOUTHWESTWARDLY DIRECTION ALONG SAID RIGHT OF WAY LINE TO THE EAST LINE OF ESLAVA CREEK AS NOW LOCATED; THENCE WITH THE MEANDERS OF SAID EAST LINE, RUN NORTHWARDLY TO THE SOUTH LINE OF SAID BANKHEAD PLACE SUBDIVISION; THENCE EASTWARDLY ALONG THE SOUTH LINE TO THE PLACE OF BEGINNING.

PARCEL C:

A PARCEL OF LAND FORMING A PORTION OF THE ILLINOIS CENTRAL GULF RAILROADS COMPANY'S ABANDONED NAVCO SPUR RIGHT OF WAY AND PROPERTY SITUATED TO THE SOUTHEAST QUARTER OF SECTION 29, TOWNSHIP 4 SOUTH, RANGE 1 WEST OF THE ST. STEPHEN'S MERIDIAN, MOBILE COUNTY, ALABAMA, SAID RIGHT OF. WAY 30 FEET WIDE IS MORE PARTICULARLY DESCRIBED IN RELATION TO THE CENTERLINE OF GRANTOR'S NAVCO SPUR LEAD TRACK, AS NOW OR FORMERLY LOCATED AS FOLLOWS: FROM THE CENTER POINT OF GRANTOR'S TRESTLE SPANNING ESLAVA CREEK, AT RAILROAD VALUATION STATION 58441.5, RUN NORTHERLY ALONG THE CENTERLINE OF SAID LEAD TRACK, 114.5 FEET TO THE POINT OF BEGINNING, SAID POINT BEING IN A LINE THAT EXTENDS NORTHWESTERLY AND SOUTHEASTERLY RADIAL TO A 9 DEGREE CURVE CONCAVE TO THE NORTHWEST IN THE CENTERLINE OF SAID LEAD TRACT AT RAILROAD VALUATION STATION 57+27; THENCE CONTINUE NORTHERLY SAID PARCEL 30 FEET WIDE, A TOTAL DISTANCE OF 400 FEET AS MEASURED ALONG SAID LEAD TRACT CENTERLINE, TO A LINE THAT EXTENDS EASTERLY AND WESTERLY RADIAL TO THE AFORESAID 9 DEGREE CURVE IN THE CENTERLINE OF SAID LEAD TRACK, AT RAILROAD VALUATION STATION 53+27.

The classification of said property is hereby changed from R-1, Single-Family Residential District, and B-3, Community Business District, to B-3, Community Business District, and it shall hereafter be lawful to construct on such property any structures permitted by the Ordinance of May 16, 1967, commonly known as the Zoning Ordinance and to use said premises for any use permitted by the terms of said Ordinance in a B-3, Community Business 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 B-3, Community Business 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 municipal codes and ordinances.

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

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 03-010 through 60-003 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 items.

CONSENT RESOLUTIONS BEING INTRODUCED:

RE-APPOINT STUART DAVIS TO THE MOBILE TENNIS CENTER ADVISORY BOARD. The following resolution was introduced by Councilmember Rich.

RESOLUTION: 03-010-2018

Sponsored by: Councilmember Rich

BE IT RESOLVED BY THE CITY COUNCIL OF MOBILE, ALABAMA, that Stuart Davis is re-appointed to the Mobile Tennis Center Advisory Board effective immediately for a term ending June 28, 2020.

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

Ayes: Richardson, Manzie, 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 LOUNGE RETAIL LIQUOR CLASS I LICENSE FOR TUSKERS TAVERN, 3526 HALLS MILL ROAD. The following resolution was introduced by Councilmember Williams.

RESOLUTION: 37-001-2018

Sponsored by: Councilmember Williams

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 I License

Submitted by: Jirl, LLC

Location: Tuskers Tavern
3526 Halls Mill Road
Mobile, AL 36693

The resolution was read by the City Clerk; whereupon Councilmember Williams moved that the resolution be adopted, which was seconded by Councilmember Small. Following comments from Councilmember Williams the vote was as follows:

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

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

AUTHORIZE REMOVAL OF WEEDS, GROUP #1573. The following resolution was introduced by Councilmember Richardson.

RESOLUTION: 58-002-2018

A RESOLUTION DETERMINING WHAT OBJECTIONS SHALL BE ALLOWED AND WHAT OBJECTIONS SHALL BE OVERRULED TO THE REMOVAL OF NOXIOUS OR DANGEROUS WEEDS ON OR IN FRONT OF CERTAIN PARCELS OF LAND.

WHEREAS, notice has been duly given and posted at least five days prior to the date of this resolution in the manner provided by law offering full opportunity to all interested parties to object to the removal of noxious or dangerous weeds on the hereinafter described parcels of land, and the City Council of Mobile having held such public hearing in connection with the notices given and no objections having been filed or made by any of the interested parties; and

WHEREAS, Parcels Nos. 1 through 22 described in the resolution adopted on the 21st day of November, 2017, have not been cleared of noxious and dangerous weeds and continue to be public nuisances.

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

SECTION 1. It is hereby ascertained and determined that the dangerous and noxious weeds growing on the hereinafter described parcels of real property are public nuisances, and it is hereby ordered and directed that the employees of the City of Mobile assigned to that work promptly remove the weeds on such parcels of property:

PARCELS OR PIECES OF PROPERTY ON WHICH NOXIOUS OR DANGEROUS WEEDS ARE TO BE REMOVED:

Parcels of real property located in the City of Mobile and more particularly described as Parcels Nos. 1 through 22, as described in the resolution adopted on the 21st day of November, 2017, and entitled: "A RESOLUTION DECLARING WEEDS GROWING UPON THE STREETS OR SIDEWALKS AND UPON PRIVATE PROPERTY WITHIN THE CORPORATE LIMITS OF THE CITY OF MOBILE TO BE NOXIOUS OR DANGEROUS AND TO BE PUBLIC NUISANCES AND PROVIDING FOR THE ABATEMENT OF SUCH NUISANCES."

(Lot Cleaning Liens, Group No. 1573, on file in the office of the City Clerk).

SECTION 2. The employees of the City of Mobile assigned to the work required by this resolution are hereby expressly authorized to enter upon such described pieces of property for the purpose of removing the weeds authorized by this resolution to be removed. The owner of any of the above described pieces of property shall have the right to remove the weeds ordered by this resolution to be removed from this property provided such removal is done prior to the arrival of the employees of the City of Mobile against his property by reason of any action taken hereunder. An accurate account of the costs with respect to each piece of property shall be kept by the employees of the City of Mobile covering the costs of removing such weeds in front of or in front of or on each separate lot or parcel of land where the work is done by the City of Mobile or its employees, and promptly thereafter an itemized report in writing shall be made to the City Council showing such costs with respect to each separate lot or parcel of land but before the report is submitted to the City Council a copy of the itemized costs with respect to each such lot or parcel of land shall be posted for at least three days prior to such report on the door of the Council Chamber at the City Hall of Mobile, Alabama, together with a notice of the time when the report will be submitted to the City Council for confirmation.

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

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

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

DETERMINE CERTAIN INAUGURAL EVENTS AND EXPENDITURES SERVE A PUBLIC PURPOSE AND APPROVE PAYMENT. The following resolution was introduced by Councilmember Richardson.

RESOLUTION: 60-003-2018

Sponsored by: City Council

RESOLUTION DETERMINING CERTAIN INAUGURAL EVENTS AND EXPENDITURES SERVE A PUBLIC PURPOSE AND APPROVING PAYMENT OF EXPENDITURES

WHEREAS, inaugural events were conducted and expenses were incurred in relation to the election of Councilpersons to the City Council of the City of Mobile, and to the election of the Mayor of the City of Mobile, following the 2017 election; and

WHEREAS, said events and expenses include:

- Arthur R. Outlaw Mobile Convention Center = $8,204.62
- Gwin's Commercial Printing = $461.87
- Nature Indoors = $150.00
- Toni Riales Photography = $250.00
- FlourGirls Bakery = $340.00

TOTAL = $9,406.49

And;

WHEREAS, the Attorney General of the State of Alabama has opined that payment of inaugural expenses is proper if the City Council determines that the same serves a public purpose; and

WHEREAS, the City Council of the City of Mobile finds and determines that the Inaugural Expenses serve to enhance communication between the citizens of the City of Mobile, their City Council, and their Mayor's Office, and thus serve a public purpose.

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Mobile hereby finds and determines that the Inaugural Expenses serve a public purpose and further approves and directs the payment of the Inaugural Expenses.

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

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

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

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

Councilmember Richardson moved for the suspension of the rules to consider CIP Resolutions 13-011 and 21-004 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 items.

CIP RESOLUTIONS BEING INTRODUCED:

AUTHORIZE CHANGE ORDER #2 WITH AEIKER CONSTRUCTION CORPORATION FOR HARMON PARK PLAYGROUND IMPROVEMENTS, ADD $26,955.00 (2017 CIP #112, D2; PR-115-17; CO203). The following resolution was introduced by Councilmember Daves.

RESOLUTION: 13-011-2018

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, Change Order No. two (2) to the Contract with Aeiker Construction Corporation, whereby the sum of $26,956.00 (CQ203 2017 CIP #112, 02) is added to the original contract amount. A copy of said change order is on file in the office of the City Clerk.

Project name: Harmon Park Playground Improvements

Project number: PR-115-17

The resolution was read by the City Clerk; whereupon Councilmember Daves moved that the resolution be adopted, which was seconded by Councilmember Richardson. Following comments from Councilmember Manzie 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 HARRIS CONTRACTING SERVICES, INC. FOR HARMON RECREATION CENTER-ELECTRICAL IMPROVEMENTS, $17,500.00 (2016 CIP #94, D2; PR-026-16; CO2013). The following resolution was introduced by Councilmember Daves.

RESOLUTION: 21-004-2018

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: Harris Contracting Services, Inc.

Project name: Harmon Recreation Center - Electrical Improvements

Project number: PR-026-16

Amount: $17,500.00

The resolution was read by the City Clerk; whereupon Councilmember Daves moved that the resolution be adopted, which was seconded by Councilmember Richardson. Following comments from Councilmember Manzie 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.

RESOLUTIONS BEING INTRODUCED:

REALLOCATE $75,000.00 FROM CAPITAL PROJECT #C0340 AIRPORT BLVD. ACCESS MANAGEMENT IN THE CAPITAL IMPROVEMENTS FUND 2000 TO GRANT FUND FTA/FHWA 50015001.93030, TO BE USED FOR A GRANT MATCH TO CONSTRUCT SIDEWALKS ALONG AIRPORT BOULEVARD. The following resolution was held over for one (1) week until the regular meeting of Tuesday, January 9, 2018.

RESOLUTION: 09-005-2018

Sponsored by: Councilmember Rich and Mayor Stimpson

BE IT RESOLVED BY THE COUNCIL OF THE CITY OF MOBILE, ALABAMA, that the sum of $75,000.00 be reallocated from Capital Project #C0340 in the Capital Improvement Fund (2000) to the Grant Fund FTA/FHWA (5001) General Ledger Number 50015001.93030 FTA/FHWA from Capital Improvements). These funds will be used for a grant match to construct sidewalks along Airport Blvd.

AUTHORIZE CONTRACT WITH GORAM AIR CONDITIONING COMPANY, INC. FOR ARTHUR R. OUTLAW CONVENTION CENTER-CHILLER REPLACEMENT, $141,000.00 (SR-003-18; CO261; 20002000-48010). The following resolution was held over for one (1) week until the regular meeting of Tuesday, January 9, 2018.

RESOLUTION: 21-006-2018

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: Goram Air Conditioning Company, Inc.

Project name: Arthur R. Outlaw Convention Center - Chiller Replacement

Project number: SR-003-18

Amount: $141,000.00

AUTHORIZE PROFESSIONAL SERVICES CONTRACT WITH LOSE & ASSOCIATES, INC. FOR CONSULTING SERVICES TO HELP THE CITY DEVELOP A CITY-WIDE PARKS & RECREATION SYSTEM IMPROVEMENT PLAN, $277,000.00 ($50,000.00 GRANT FUNDS; GRANT 5019). The following resolution was held over for one (1) week until the regular meeting of Tuesday, January 9, 2018.

RESOLUTION: 21-007-2018

Sponsored by: Councilmember Williams and Mayor Stimpson

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MOBILE, ALABAMA, that the Mayor and the City Clerk OF THE City of Mobile are hereby authorized and directed to execute and attest, respectively, for and on behalf of the City of Mobile, the professional services contract by and between the City of Mobile and Lose & Associates Inc. for the project: Parks & Recreation System Improvement Plan. A copy of said professional services contract is on file in the office of the City Clerk.

AUTHORIZE CONTRACT WITH MELVIN PIERCE PAINTING, INC. FOR FIRE STATION #14-DORMITORY PLASTER REPAIR & PAINTING, $11,800.00 (FD-197-17; CO109; 20002000-48010). The following resolution was held over for one (1) week until the regular meeting of Tuesday, January 9, 2018.

RESOLUTION: 21-012-2018

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: Melvin Pierce Painting, Inc.

Project name: Fire Station #14-Dormitory Plaster
Repair & Painting

Project number: FD-197-17

Amount: $11,800.00

PUBLIC HEARINGS:

CALL FOR PUBLIC HEARING FO CONSIDER AN AMENDMENT TO CHAPTER 50 OF THE MOBILE CITY CODE, “PUBLIC IMPROVEMENTS” TO ADD A NEW ARTICLE IV ENTITLED “MOBILE TOURISM IMPROVEMENT DISTRICT” RELATING TO THE CREATION OF A SELF-HELP BUSINESS IMPROVEMENT DISTRICT TO PROVIDE SUPPLEMENTAL SERVICES WITHIN THE DISTRICT. The following resolution was introduced by Councilmember Rich.

RESOLUTION: 41-008-2018

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MOBILE, ALABAMA, that the City Clerk be, and she hereby is, instructed to publish in a newspaper of general circulation within the municipality the attached notice stating the time and place a proposed ordinance is to be considered by the City Council and further stating that at such time and place all persons who desire shall have an opportunity of being heard in opposition to or in favor of the proposed ordinance.

NOTICE OF PUBLIC HEARING

The Mobile City Council will hold a Public Hearing to determine whether to adopt an ordinance establishing the proposed Mobile Tourism Improvement District. The geographic boundaries of the proposed Mobile Tourism Improvement District include all lodging properties with 40 rooms or more, existing or in the future, located within the boundaries of the City of Mobile.

The hearing will be held on Tuesday, January 23, 2018, at 10:30 a.m., in the Auditorium of Mobile Government Plaza at 205 Government Street, Mobile, Alabama 36644.

A copy of the proposed ordinance and the District Plan for the period beginning March 1, 2018 through September 30, 2022 is available for review at the Office of the City Clerk, Mobile Government Plaza, South Tower, Ninth (9th) Floor; Mobile, Alabama, 36644.

AN ORDINANCE TO AMEND CHAPTER 50 OF THE MOBILE CITY CODE ENTITLED "PUBLIC IMPROVEMENTS" TO ADD A NEW ARTICLE IV ENTITLED "MOBILE TOURISM IMPROVEMENT DISTRICT" RELATING TO THE CREATION OF A SELF-HELP BUSINESS IMPROVEMENT DISTRICT TO PROVIDE SUPPLEMENTAL SERVICES WITHIN THE DISTRICT

WHEREAS, the patterns of urban development have had substantial adverse impacts upon business districts that are vital to the economy of the State of Alabama and the City of Mobile; and

WHEREAS, Senate Bill No. 146 was signed into law by the Governor of the State of Alabama on May 3, 2004 ("Enabling Law"); and

WHEREAS, the Enabling Law authorizes the City of Mobile, as a Class 2 municipality, to provide for the creation and maintenance of Self-Help Business Improvement Districts within its boundaries through the adoption of an Ordinance; and

WHEREAS, on December 15, 2017, the property owners within the boundaries of the proposed Mobile Tourism Improvement District filed a request for the creation of a self-help business improvement district with the City Clerk ("Request"); and

WHEREAS, on January 2, 2018, the City Council made the findings required by Section 11-54B-43 of the Enabling Law and set January 30, 3018 as the date for a public hearing on the adoption of an Ordinance establishing a Self-Help Business Improvement District to be known as the Mobile Tourism Improvement District; and

WHEREAS, on January 9, 2018 notice of the date, time, and place set for the public hearing, together with a description of the geographical area proposed to be included in the Mobile Tourism Improvement District, the proposed Ordinance, and the Mobile Tourism Improvement District Plan was mailed to all owners, as identified in the county tax assessment records, of nonexempt real property within the proposed Mobile Tourism Improvement District and a copy of the notice was posted in at least three places located within the geographical area proposed to be included in the proposed Mobile Tourism Improvement District as required by Section 11-54B-45 of the Enabling Law; and

WHEREAS, the City Council wishes to adopt an Ordinance to designate, establish, and maintain within the geographic area described in the Request as a Self-Help Business Improvement District to be known as the "Mobile Tourism Improvement District" ("District");

NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Mobile, that in order to establish the District the following Article IV is hereby added to Chapter 50, Mobile City Code (1991) to be titled "Mobile Tourism Improvement District" as follows:

Section 1. Declaration of Public Policy and Purposes

(a) The designation of the geographic area described in Section 4 of this Ordinance as a Self-help Business Improvement District is intended to directly benefit assessed lodging properties within the area by increasing room night sales and revenue therefrom. Mobile Tourism Improvement District activities and improvements will increase overnight tourism and market assessed lodging properties as tourist, meeting and event destinations, thereby increasing room night sales and revenue therefrom. Increasing overnight tourism in the City of Mobile contributes to the health, prosperity, and welfare of the people of the City of Mobile and, therefore, is an act which is in furtherance of the best interests of the City and its citizens.

(b) The purpose of this Ordinance is to:

(1) Designate, establish, and maintain the geographic area described in Section 4 of this Ordinance as the Mobile Tourism Improvement District; and

(2) Designate a district management corporation to provide supplemental services within the District; and

(3) Impose a special assessment upon the owners of the nonexempt real property located within the District to finance the cost of the supplemental services that will be provided by the district management corporation in the District; and

(4) Provide for the submission of certain reports to the City by the district management corporation; and

(5) Provide a sunset provision pursuant to which City Council may continue, modify, or terminate the District; and

(6) Provide an effective date for the provisions of this Ordinance.

Section 2. Definitions

For purposes of this Ordinance, the following terms shall have the respective meanings ascribed by this Section:

(a) Baseline Services means the level of funding for tourism promotion provided to the Mobile Convention and Visitors Corporation by the City of Mobile as of the date of this Ordinance. The baseline level of tourism promotion provided by the City is 33.5% of lodging tax receipts received during the prior fiscal year 2016-2017 as the baseline year.

(b) Baseline Services Agreement means the contract between the City, the Mobile Convention and Visitors Corporation, and the Corporation setting out the services that will be provided in the District by the City, the Mobile Convention and Visitors Corporation, and the Corporation.

(c) Board of Directors means the board of directors of the Corporation selected in accordance with the District Plan and the Enabling Law.

(d) City means the City of Mobile, Alabama.

(e) City Council means the Mobile City Council.

(f) Corporation means the Mobile Area Lodging Corporation, an Alabama not-for-profit corporation that is designated and authorized by this Ordinance to manage the District as the district management corporation.

(g) District means the Mobile Tourism Improvement District, the area of which is designated by Section 3 and 4 of this Ordinance, and in which a Special Assessment is levied by this Ordinance on the owners of the nonexempt real property located within the District for the purposes of receiving Supplemental Services.

(h) District Plan means the Mobile Tourism Improvement District Plan filed in accordance with Section 11-54B-44 of the Enabling Law.

(i) Special Assessment means the amount levied and collected by the City and forwarded to the Corporation for the purposes of financing the costs of Supplemental Services for the District.

(j) Supplemental Services means the programs, services, and improvements to be provided and maintained by the Corporation within the District. The term includes not only the programs, services, and improvements described in the request for the creation of the District filed with the City Clerk on December 15, 2017 but also such additional programs, services, and improvements as the Board of Directors of the Corporation may determine to provide and maintain within the District after the date of adoption of this Ordinance.

Section 3. Establishment of the Mobile Tourism Improvement District

There is hereby established a District, the geographic boundaries of which are set forth in Section 4 of this Ordinance, to be named the "Mobile Tourism Improvement District.”

Section 4. Geographic Boundaries of the Mobile Tourism Improvement District

The geographic boundaries of the District include all lodging properties with 40 rooms or more, existing or in the future, located within the boundaries of the City. The nonexempt property that is liable for the Special Assessment is located at the following street addresses:

5450 Coca Cola Rd., Mobile, AL 36619-1950
162 S Beltline Hwy., Mobile, AL 36608-5900
5480 Inn Rd., Mobile, AL 36619-1953
600 W I 65 Service Rd., S., Mobile, AL 36608-5907
4012 Government Blvd., Mobile, AL 36693-4728
930 W I 65 Service Rd., S., Mobile, AL 36609-1303
5634 Tillmans Corner Pkwy., Mobile, AL 36619-1906
4384 Government Blvd., Mobile, AL 36693-4804
555 Government St., Mobile, AL 36602-2019
121 N. Royal St., Mobile, AL 36602-3601
180 W I 65 Service Rd., S., Mobile, AL 36608-5950
5650 Tillmans Corner Pkwy., Mobile, AL 36619-1962
1000 W I 65 Service Rd., S., Mobile, AL 36609-1304
251 Government St,, Mobile, AL 36602-2615
5472 Inn Rd,, Mobile, AL 36619-1953
824 W I 65 Service Rd., S., Mobile, AL 36609-1302
156 W I 65 Service Rd., Mobile, AL 36608-5900
5686 Tillmans Corner Pkwy., Mobile, AL 36619-1962
508 Springhill Plaza Ct., Mobile, AL 36608-1554
950 W I 65 Service Rd., S., Mobile, AL 36609-1303
900 W I 65 Service Rd., S., Mobile, AL 36609-1303
5478 Inn Rd., Mobile, AL 36619-1953
62 S Royal St., Mobile, AL 36602-3204
1028 W I 65 Service Rd., S., Mobile, AL 36609-1304
525 Providence Park Dr., E., Mobile, AL 36695-4623
15 N Conception St., Mobile, AL 36602
828 W. I 65 Service Rd., S., Mobile, AL 36609-1302
5190 Motel Ct., Mobile, AL 36619-4244
80 Springdale Blvd., Mobile, AL 36606-3916
3630 Springhill Memorial Dr., S., Mobile, AL 36608-1197
301 Government St., Mobile, AL 36602-2608
5465 Hwy. 90 W., Mobile, AL 36619-4213
530 Providence Park Dr., E., Mobile, AL 36695-4614
1388 W. I 65 Service Rd., S., Mobile, AL 36609-1307
1116 W. I 65 Service Rd., S., Mobile, AL 36609-1305
5498 Inn Rd., Mobile, AL 36619-1953
70 Springdale Blvd., Mobile, AL 36606-3916
816 W. I 65 Service Rd., S., Mobile, AL 36609-1302
5170 Motel Ct., Mobile, AL 36619-4244
359 Church St., Mobile, AL 36602-2399
3101 Airport Blvd., Mobile, AL 36606-3693
400 S Beltline Hwy., Mobile, AL 36608-5905
5488 Inn Rd., Mobile, AL 36619-1953
1520 Matzenger Dr., Mobile, AL 36605-5157
150 W. I 65 Service Rd., S., Mobile, AL 36608-5900
255 Church St., Mobile, AL 36602-2603
5650 Tillmans Corner Pkwy., Mobile, AL 36619-1962
5635 Tillmans Corner Pkwy., Mobile, AL 36619-1977
1 S. Beltline Hwy., Mobile, AL 36606-3910
33 E. I 65 Service Rd., Mobile, AL 36606-3910
64 S. Water St., Mobile, AL 36602-3704
26 N. Royal St., Mobile, AL 36602-3802
950 W. I 65 Service Rd., S., Mobile, AL 36609-1303
3655 Springhill Memorial Dr., Mobile, AL 36608-1177
3759 Moffett Rd., Mobile, AL 36618-1260
5676 Tillmans Corner Pkwy., Mobile, AL 36619-1962
2598 Government Blvd., Mobile, AL 36606-1614
1075 Montlimar Dr., Mobile, AL 36609-1708
1350 W. I 65 Service Rd., S., Mobile, AL 36609-1307
516 Springhill Plaza Ct., Mobile, AL 36608-1554

Section 5. Designation of Mobile Area Lodging Corporation

(a) Designation. The Corporation is hereby designated as the district management corporation for the District. The Corporation is hereby authorized and empowered to receive all Special Assessment revenues collected by the City, less the City's one percent (1%) collection and administration fee and to provide Supplemental Services within the District.

(b) Board of Directors. The Corporation shall be managed by a Board of Directors in accordance with the District Plan, the articles of incorporation filed with the District Plan, and the Enabling Law. No amendment of the articles of incorporation or bylaws shall be effective unless approved by the Board of Directors.

(c) Compensation. Board members shall receive no compensation for their services as Directors, but shall be entitled to receive reimbursement for expenses actually incurred in the performance of duties as approved by the Board.

(d) Budget Required. No funds received by the Corporation from Special Assessment shall be expended except in accordance with the budget adopted or amended under the provisions of the District Plan.

(e) Powers. The Corporation may do all things necessary to implement its purposes as described in Section 11-548-50 of the Enabling Law and in the District Plan.

(f) Eminent Domain. The Corporation shall not have the power of eminent domain.

(g) Facilities Not Deemed Nuisance: Liability. No moveable furniture, structure, facility, or appurtenance, or activity located or permitted in a District shall, by reason of location or use, be deemed a nuisance or unlawful obstruction or condition, notwithstanding any rule or regulation or principal of law pertaining to the use of public streets and highways. Neither the City nor any user acting under permit shall be liable for any injury to person or property, unless the furniture, structure, facility, or use shall be negligently constructed, maintained, or operated.

(h) Public Meetings. After designation of the District, the Corporation shall hold, at least annually, a general and public meeting appropriately advertised in the District at a place convenient to persons concerned with the operation of the District.

(i) Written Comments. The Corporation shall receive written suggestions from businesses in the District at any time.

(j) City Representatives Mav Attend Meetings. One or more representatives designated by the Mayor and the City Council shall be authorized to attend and participate in regular and called meetings of the Board of Directors of the Corporation; provided, however, that such representatives shall not vote on any matters considered by such Board.

(k) Dissolution. Upon dissolution of the Corporation or a withdrawal of the Corporation's designation as the district management corporation for the District, the Board of Directors of the Corporation shall, after paying or making provision for the payment of all of the liabilities of the Corporation, transfer and assign all interests in and title to funds held by or for the Corporation and property of the Corporation to the successor district
management corporation for the District; or, if no such successor corporation exists, to the City for use in funding such programs as the Board of Directors of the Corporation shall designate.

Section 6. Imposition of Special Assessment; Exemptions

(a) Lew. There is hereby levied a Special Assessment upon all owners of lodging properties with 40 rooms or more located within the District. The levy shall be In effect on and after March 1, 2018 subject to the sunset provisions in Section 13 of this Ordinance. The amount of the Special Assessment, and the means and methods of its collection, shall be as provided for In the District Plan. For the first four year seven month term of the District, the rate of the Special Assessment shall be capped at, and shall not exceed, the amount stated in the District Plan.

(b) Properties Subject to Special Assessment. A listing by parcel number, street address, and lot and block number of all nonexempt lodging properties with 40 rooms or more located in the District, as shown by the Mobile County Tax Records as of the date of this Ordinance, is set out in the attached Appendix 1.

(c) Exemptions. Based on the benefit received, the following stays will not be assessed:

(1) A continuous stay of 31 days or more (the first 30 days will be assessed):

(2) Stays at camps, conference centers, or similar facilities operated by nonprofit organizations primarily for the benefit of, and in connection with, recreational or educational programs for children, students, or members or guests of other nonprofit organizations during any calendar year;

(3) Stays at privately operated camps, conference centers, or similar facilities that provide lodging and recreational or educational programs exclusively for the benefit of children, students, or members or guests of nonprofit organizations during any calendar year;

(4) Stays at corporate housing facilities;

(5) Stays at campgrounds; and

(6) Complimentary room stays provided by the lodging property owner to a guest.

Section 7. Default in Payment of Assessments

(a) Default. The obligation to pay any Special Assessment due shall be in default if such Special Assessment is not paid on or before the due date for such payment.

(b) Corporation to Reimburse City for Collection Costs. The Corporation shall reimburse the City for any costs associated with collecting unpaid Special Assessments. If sums In excess of the delinquent District Special Assessment are sought to be recovered in the same collection action by the City, the Corporation shall bear its pro rata share of such collection costs.

(c) Penalties and Interest. Assessed lodging properties which are delinquent in paying the Special Assessment shall be responsible for paying:

(1) Failure to Timely File. Any lodging property that files a return after the due date is subject to a penalty equal to the greater of ten percent (10%) of the Special Assessment required to be paid or $50.00.

(2) Failure to Timely Pay. Any lodging property that submits a payment after the due date is subject to a penalty of ten percent (10%) of the delinquent Special Assessment.

(3) Interest. In addition to other penalties, if a lodging property falls to timely pay the City any Special Assessment due, there shall be added as interest one percent (1%) of the total amount due if the delinquency is not for more than one month, with an additional one percent (1%) for each additional month or fraction thereof under which the delinquency continues.

(4) Penalties Merged with Special Assessment. Every penalty imposed as such interest as accrues shall become part of the Special Assessment herein required to be paid.

(d) Lien for Delinquent Assessments. The Corporation shall have a lien against the lodging property owner's real property to which the Special Assessment applies for such delinquent Special Assessments. Said lien shall secure and does secure the monies due for all Special Assessments then or thereafter levied against the lodging property owner of each nonexempt lodging property with 40 rooms or more, and such lien shall also secure the penalties and interest, if any, which may be due on the amount of any delinquent Special Assessment owing the Corporation. Said lien shall also secure all costs and expenses, including reasonable attorneys' fees and court costs incurred by the Corporation in collecting delinquent Special Assessments and enforcing the same upon said lodging property. No error in the proceeding of the governing body of the City or of the Board of Directors shall exempt any real property from the lien or from payment thereof.

(e) Foreclosure. The lien granted to the Corporation may be foreclosed in the same manner as real estate mortgages in the state of Alabama provided by law in the case of past due mortgages, and the Corporation shall be authorized, at its option, after giving notice by publication once a week for three (3) consecutive weeks of the time, place, and terms of each such sale by publication in a newspaper published in Mobile County to sell such property (or such part or parts thereof as the Corporation may from time to time elect to sell) in front of such county's courthouse door, at public outcry, to the highest bidder for cash. All persons, firms, or corporations who shall acquire, by whatever means, any interest in the ownership of any such property or who may be given or acquire a mortgage, lien, or other encumbrance thereon are hereby placed on notice of the lien rights granted to the Corporation and such interests in any such property shall be acquired expressly subject to the lien.

(f) Priority of Lien. The lien shall take precedence over all other liens, whether created prior or subsequent to the date of the Special Assessment, except liens for the following:

(1) State, county, or municipal taxes;

(2) A prior special assessment;

(3) A prior recorded mortgage, deed of trust, or similar security instrument.

(g) Effective Date. The lien herein granted to the Corporation shall be effective from and after the time of the recording of a notice of lien in the Office of the Judge of Probate of Mobile County, Alabama, and no further recordation of any claim of lien for assessment under this section is required. Such lien shall include only Special Assessments which are due and payable when the action to enforce the lien is commenced and interest, costs, and reasonable attorneys' fees, all as above provided. Other than foreclosures for state, county, or municipal taxes, a prior special assessment, or a prior recorded mortgage, deed of trust, or similar security instrument, the lien for the Special Assessment shall not be defeated or postponed by any private or judicial sale, or by any mortgage, deed of trust, or similar security instrument recorded subsequent to the effective date of this Ordinance.

(h) Election of Remedies. Institution of a suit at law to collect payment of any delinquent Special Assessments shall not be deemed to be an election by the Corporation which shall prevent its thereafter seeking enforcement of the collection by foreclosure any of sums remaining owing to it, not shall proceeding by foreclosure to effect such collection be deemed to be an election precluding the institution of a suit at law to collect any sum then remaining owing to the Corporation. The Corporation shall be entitled to bid at any sale held in connection with the foreclosure of the Special Assessment lien and may apply as a cash credit against its Corporation all sums secured by the lien enforced.

Section 8. Licenses and Permits

To the extent the operations of the Corporation require permits, licenses, or other approvals, the fees, costs, and expenses associated with obtaining such license, permits, or approvals are waived.

Section 9. Annual Reports and Audits

(a) Within ninety (90) days after the close of its fiscal year, the Corporation shall make an annual report of its activities during such year to the City Council. The annual report shall include, at a minimum:

(1) A financial statement for the preceding year, including a balance sheet, statement of Income and loss and such other Information as is reasonably necessary to reflect the Corporation's actual performance, certified by the Corporation's treasurer; and

(2) The budget for the current fiscal year.

(b) A copy of each annual report shall be sent to the Mayor, the City Council, and to all nonexempt property owners of the District by first class mail or by personal delivery.

(c) Within ninety (90) days after the close of the Corporation's fiscal year, the Corporation shall cause an annual audit of its books, accounts, and financial transactions to be made by a certified public accountant. The Corporation's annual audit shall be completed and filed with the City Council within four (4) months after the close of the Corporation's fiscal year. Certified copies of the audit shall also be filed with the Mayor and the finance director of the City.

Section 10. Execution of Baseline Services Agreement

The Mayor and the City Clerk are hereby authorized and directed to execute and attest, respectively, for and on behalf of the City of Mobile, a Baseline Services Agreement with the Corporation and the Mobile Convention and Visitors Corporation regarding the level of services to be maintained by the City within the District and the Supplemental Services which will be provided by the Corporation, as outline in the contract attached hereto and made a part hereof as though set forth in full. The Baseline Services Agreement shall provide that the City shall continue to provide the same amount of funding for tourism promotion to the Mobile Convention and Visitors Corporation as was provided prior to the creation thereof. The Baseline Services Agreement shall also provide that all costs of the Supplemental Services provided by the Corporation in the District shall be financed through the levy by the City of the District Special Assessment on the owners of nonexempt real property located within the geographical area of the District, and such other revenue as the Corporation may receive.

Section 11. Police Powers not Waived; etc.

(a) Notwithstanding the capital improvements to be provided by the Corporation in the District, the City shall retain its police powers and other rights and powers relating to any streets or parts thereof constituting or included in the District, and no action shall be interpreted to construed to be a vacation, in whole or in part, of any municipal street or part thereof, it being intended that the establishment of the District pursuant to this Ordinance is a matter of regulation only.

(b) The Corporation shall have no power or authority to pledge or mortgage any assets or property owned by the City as collateral for any loan, and the Corporation shall have no power or authority to do any act that would create or cause a lien or encumbrance to be place on assets or property owned by the City; and provided further that the good faith and credit of the City shall not be pledged as collateral for any such loan, the City shall have no obligation to repay any such loans, and such loans shall not constitute a general obligation or indebtedness of the City.

(c) All construction and maintenance work shall be performed in accordance with all applicable federal, state, and City requirements, code, and ordinances, including, but not limited to the "Mobile Rights of Way Construction and Administration Ordinance", Chapter 57, Mobile City Code.

(d) Nothing in this Ordinance shall affect or impair the City's control and jurisdiction over all property, streets, sidewalks, and public rights-of-way within the District. The powers and authority now residing with, or hereafter granted to the City, and all powers and authority herein granted shall be exercised by the Corporation in accordance with all applicable federal, state, and City requirements, codes, and ordinances.

(e) The Corporation shall have no authority to permit or authorize any structure, facility, fixture, or appurtenance to be built or located in on upon any public street, road, or right-of-way that blocks, impedes, or interferes with the use or enjoyment of such street, road, or right-of-way. This prohibition is not intended to, and it shall not apply to, temporary and moveable fixtures such as tents or stands that are located on the streets, roads, and rights-of-way during special events.

Section 12. Amendment of Ordinance

The prov


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