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 23, 2018

MUNICIPAL BUILDING, MOBILE, ALABAMA JANUARY 23, 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 23, 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 30, 2018

_____________________________
COUNCIL VICE PRESIDENT


CITY CLERK

MUNCIPAL BUILDING, MOBILE, ALABAMA, JANUARY 23, 2017

The City Council of the City of Mobile, Alabama, met in the Auditorium of the Mobile Government Plaza on Tuesday, January 23, 20178, at 10:30 a.m., in regular meeting.

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

Sister Patricia Evans, Licentiate, Bethel AME Church, 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 January 16, 2018 were approved as submitted.

COMMUNICATIONS FROM THE MAYOR:

Mayor Stimpson presented a proclamation to the UMS-Wright School varsity football team congratulating them for winning the 4A State Championship.

Mayor Stimpson remarked that Mobile is honored to host the Senior Bowl this Saturday.

Mayor Stimpson assured the public that the City will continue to study options for handling icy weather conditions.

Mayor Stimpson reported that statues in Mardi Gras Park will be replaced with more secure statues.

Mayor Stimpson announced the kick-off for the YES Initiative will be held on Monday, January 29, 2018, at 10:00 a.m., at the Mobile Chamber of Commerce.

MONTHLY FINANCE REPORT:

Executive Director of Finance Paul Wesch stated:

“Good morning. I will tell you that we are travelling just above budget on the sales tax revenue side. We are about $300,000.00 ahead which is razor thin if you think about it. We budgeted flat, that is based upon what happened last year to taxes we budgeted for no increase. On the expenditure side we are continuing to watch those and we continue to travel somewhat under budget on expenses.”

“Thank you very much for the unanimous resolution (60-038) last week. We traveled with that in hand to Montgomery on Thursday and appeared before the State Senate Finance and Taxation Committee. The City of Mobile received a warm reception and the bill received a cool reception. I think a large part of that was to your credit. There was ice in Montgomery and Mobile was the only city that actually showed, but the Senate committee understood that this was a common problem. Today is only day five (5) of the Legislature, so anything could happen. What I would ask; if you have a chance and have a relationship with a House member or Senate member please don’t fail to mention this and how important it is.”

“I’ll give you a story. University cities tend to be ahead of cities that aren’t because of the large population of youth and the educational atmosphere that surrounds those towns. They tend to be more tech savvy and as a consequence they are ahead of other cities in availing themselves of online purchasing. The City of Tuscaloosa, which is one of the fastest growing cities in the state, had to budget for a 5% decrease in each one of its operating departments because of what online sales had done to its sales tax budget. That is our future if we don’t take action and try to mend what is broken about the ability of sales tax revenue from online sales to leave our jurisdiction.”

ADOPTION OF THE AGENDA:

Councilmember Small moved to adopt the agenda, 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 agenda adopted.

APPEALS:

The Council considered the request of O’Daly’s Irish Pub for a waiver of the Noise Ordinance at 564 Dauphin Street on March 17, 2018, from 4:00 p.m. until 12:00 a.m. (District 2).

Councilmember Daves moved that the waiver be granted 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 waiver granted.

The Council considered the request of Anna Phan, Vietnamese Buddhist Congregation of Alabama, for a waiver of the Noise Ordinance at 4275 Volta Drive on February 17 through February 18, 2018, from 1:00 p.m. until 10:00 p.m. (District 4-Planning Jurisdiction).

Councilmember Daves moved that the waiver be granted 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 waiver granted.

PUBLIC HEARINGS:

PUBLIC HEARING TO 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 Presiding Officer announced that today was the day for the public hearing to consider an amendment to Chapter 50 of the Mobile City Code 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.

PUBLIC HEARING TO DETERMINE IF THE STRUCTURE AT 7129 THIRD STREET IS A PUBLIC NUISANCE AND ORDER IT REPAIRED OR DEMOLISHED (DISTRICT 7).

The Presiding Officer announced that today was the day for the public hearing to determine if the structure at 7129 Third Street is a public nuisance and order it repaired or demolished and asked if there was anyone present to speak for or against this matter.

David Daughenbaugh, City of Mobile Municipal Enforcement, asked the Council to adopt the resolution.

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

PUBLIC HEARING TO DETERMINE IF THE STRUCTURE AT 430 AKA 431 WINSTON HOPKINS DRIVE IS A PUBLIC NUISANCE AND ORDER IT REPAIRED OR DEMOLISHED (DISTRICT 7).

The Presiding Officer announced that today was the day for the public hearing to determine if the structure at 430 aka 431 Winston Hopkins Drive is a public nuisance and order it repaired or demolished and asked if there was anyone present to speak for or against this matter.

No one appeared.

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

PUBLIC HEARING TO DETERMINE IF THE STRUCTURE AT 162 LINCOLN BOULEVARD IS A PUBLIC NUISANCE AND ORDER IT REPAIRED OR DEMOLISHED (DISTRICT 7).

The Presiding Officer announced that today was the day for the public hearing to determine if the structure at 162 Lincoln Boulevard is a public nuisance and order it repaired or demolished and asked if there was anyone present to speak for or against this matter.

No one appeared.

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

PUBLIC HEARING TO FIX COSTS FOR DEMOLITION OF STRUCTURE AT 1917 SEALE STREET, $3,700.00 (DISTRICT 1).

The Presiding Officer announced that today was the day for the public hearing to fix costs for demolition of structure at 1917 Seale Street and asked if there was anyone present to speak for or against this matter.

No one appeared.

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

PUBLIC HEARING TO FIX COSTS FOR DEMOLITION OF STRUCTURE AT 1641 CONCEPTION STREET ROAD A AND B, $4,935.00 (DISTRICT 2).

The Presiding Officer announced that today was the day for the public hearing to fix costs for demolition of structure at 1641 Conception Street Road A and B and asked if there was anyone present to speak for or against this matter.

No one appeared.

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

PUBLIC HEARING TO FIX COSTS FOR DEMOLITION OF STRUCTURE AT 2026 TUCKER STREET, $2,500.00 (DISTRICT 1).

The Presiding Officer announced that today was the day for the public hearing to fix costs for demolition of structure at 2026 Tucker Street and asked if there was anyone present to speak for or against this matter.

No one appeared.

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

PUBLIC HEARING TO FIX COSTS FOR DEMOLITION OF STRUCTURE AT 1100 WELLINGTON STREET, $3,100.00 (DISTRICT 2).

The Presiding Officer announced that today was the day for the public hearing to fix costs for demolition of structure at 1100 Wellington Street and asked if there was anyone present to speak for or against this matter.

No one appeared.

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

PUBLIC HEARING TO FIX COSTS FOR DEMOLITION OF STRUCTURE AT 1620 ST. STEPHENS ROAD, $8,074.00 (DISTRICT 2).

The Presiding Officer announced that today was the day for the public hearing to fix costs for demolition of structure at 1620 St. Stephens Road and asked if there was anyone present to speak for or against this matter.

No one appeared.

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

PRESENTATIONS OF PETITIONS AND OTHER COMMUNICATIONS TO THE COUNCIL:

AGENDA ITEMS:

None.

NON-AGENDA ITEMS:

Reeivice L. Girtman, 162 Canterbury Drive, Eufaula, Alabama, thanked the Council for supporting the Liberty Learning Foundation.

Thelma Thrash, 2113 Highland Court, thanked the Council for supporting the honorary re-naming of Glennon Avenue to Dr. Yvonne Kennedy Avenue.

CIP RESOLUTIONS HELD OVER:

AUTHORIZE CONTRACT WITH NEEL-SCHAFFER INC. FOR 2018 CIP TRINITY GARDENS AREA-2018 STREET AND DRAINAGE IMPROVEMENTS (WARSAW AVENUE, ESAU AVENUE, HARPER AVENUE, GREENBACK DRIVE AND RIDGEWAY STREET), $120,000.00 (D1, #1013; COM PROJECT NO. 2018-3005-16; CO314; 20002000-48020). The following resolution which was introduced and rad at the regular meeting of Tuesday, January 16, 2018 and held over for one (1) week until the regular meeting of January 23, 2018 was called up by the Presiding Officer.

RESOLUTION: 21-028-2018

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 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: Neel-Schaffer, Inc.

Project name: 2018 CIP Trinity Gardens Area-2018 Street and Drainage
Improvements (Warsaw Ave, Esau Ave, Harper Ave,
Greenback Dr. and Ridgeway St.) (D1, #1013)

COM project no.: 2018-3005-16

Estimated cost: $120,000.00

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.

AUTHORIZE CONTRACT WITH AECOM FOR 2018 CIP WOODCOCK CREEK, WEST BRANCH DRAINAGE IMPROVEMENTS, $100,000.00 (D5, #330; COM PROJECT NO. 2018-3005-11; CO319; 20002000-48020). The following resolution which was introduced and rad at the regular meeting of Tuesday, January 16, 2018 and held over for one (1) week until the regular meeting of January 23, 2018 was called up by the Presiding Officer.

RESOLUTION: 21-029-2018

Sponsored by: Councilmember Daves 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, an agreement, by and between the City of Mobile and the company listed below, for work as outlined in the agreement attached hereto and made a part hereof as set forth in full, subject to the company signing the agreement and furnishing the required bonds and insurance. A copy of said executed agreement will be on file in the office of the City Clerk.

Name of company: AECOM

Project name: 2018 CIP Woodcock Creek, West Branch
Drainage Improvements (D5, #330)

COM project no.: 2018-3005-11

Estimated cost: $100,000.00

The resolution was read by the City Clerk; whereupon Councilmember Richardson moved that the resolution be adopted, which was seconded by Councilmember Small. Following comments by Councilmember Daves 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 MCCRORY & WILLIAMS, INC. FOR 2018 CIP TWELVE MILE CREEK BANK STABILIZATION SOUTH OF MUSEUM DRIVE AND TWELVE MILE CREEK REPAIRS AT EAST DRIVE, $320,000.00 (D7, #1043; D6 #388, COM PROJECT NO. 2018-3005-09; CO320; 20002000-48020). The following resolution which was introduced and rad at the regular meeting of Tuesday, January 16, 2018 and held over for one (1) week until the regular meeting of January 23, 2018 was called up by the Presiding Officer.

RESOLUTION: 21-030-2018

Sponsored by: Councilmembers Rich 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: McCrory & Williams, Inc.

Project name: 2018 CIP (07 #1043, 06 #388) Twelve Mile Creek
Bank Stabilization south of Museum Drive and
Twelve Mile Creek Repairs at East Drive

COM project no.: 2018-3005-09

Estimated cost: $320,000.00

The resolution was read by the City Clerk; whereupon Councilmember Rich moved that the resolution be adopted, which was seconded by Councilmember Richardson. Following comments by Councilmembers Rich and Gregory 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 MCCRORY & WILLIAMS, INC. FOR 2017 CIP MCGREGOR AVENUE SIDEWALKS PHASE 2, $97,500.00 (D5, #320; PROJECT NO. 2018-3005-06; CO224; 20002000-48020). The following resolution which was introduced and rad at the regular meeting of Tuesday, January 16, 2018 and held over for one (1) week until the regular meeting of January 23, 2018 was called up by the Presiding Officer.

RESOLUTION: 21-032-2018

Sponsored by: Councilmember Daves 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: McCrory & Williams, Inc.

Project name: 2017 CIP McGregor Avenue Sidewalks Phase 2 {D5, #320)

Project no.: 2018-3005-06

Estimated cost: $97,500.00

The resolution was read by the City Clerk; whereupon Councilmember Daves moved that the resolution be adopted, which was seconded by Councilmember Williams. Following comments by Councilmember Daves 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 PUBLIC SAFETY MEMORIAL PARK-SITE FURNISHINGS, $44,990.00 (2017 CIP #351; D5; PR-243-17; CO229; 20002000-48010). The following resolution which was introduced and rad at the regular meeting of Tuesday, January 16, 2018 and held over for one (1) week until the regular meeting of January 23, 2018 was called up by the Presiding Officer.

RESOLUTION: 21-034-2018

Sponsored by: Councilmember Daves 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: Public Safety Memorial Park - Site Furnishings

Project number: PR-243-17

Amount: $44,990.00

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

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 which was introduced and read at the regular meeting of Tuesday, January 2, 2018 and held over until the regular meeting of January 9, 2018 and held over again until the regular meeting of January 23, 2018 was called up by the Presiding Officer.

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.

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

Councilmember Williams then moved to amend the contract as follows:

1. SCOPE OF SERVICES

The CONSULTANT shall perform such services and accomplish such tasks, including the furnishing of all materials and equipment necessary for full performance thereof, as are identified and designated as CONSULTANT responsibilities throughout this Agreement and as detailed in the attached Scope of Work, Exhibit A. Services shall be completed by March 31, 2019.

12. CHANGES

Either party may request changes to the scope of services and performance to be provided hereunder, however, no change or addition to this Agreement shall be valid or binding upon either party unless such change or addition be in writing and sighed by both parties. Such amendments shall be attached to and made a part of this Agreement. Provided, however, that no change order or contract amendment that increases the contract price greater than 10% shall be effective unless it is reduced to writing and approved by the City Council.

Fees:

Fees will be invoiced monthly, based on the acceptance of deliverables.

The move 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 amendments adopted.

The Presiding Officer called for the vote on the original motion as amended 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 original resolution adopted as amended.

AUTHORIZE CONTRACT WITH KONE, INC. FOR EMERGENCY PASSENGER AND FREIGHT ELEVATOR REPAIRS-MOBILE CONVENTION CENTER, $46,994.00 (SR-006-18; CO261; 20002000-48010). The following resolution which was introduced and read at the regular meeting of Tuesday, January 16, 2018 and held over until the regular meeting of January 23, 2018 was called up by the Presiding Officer.

RESOLUTION: 21-035-2018

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: Kone, Inc.

Project name: Emergency Passenger & Freight Elevator
Repairs Mobile Convention Center

Project number: SR-006-18

Amount: $46,994.00

The resolution was read by the City Clerk; whereupon Councilmember Rich 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.

ACCEPT TEMPORARY CONSTRUCTION EASEMENT AND RIGHT-OF-ENTRY FOR ZEIGLER BOULEVARD-ADD LANES FROM SCHILLINGER ROAD TO CODY ROAD (PROJECT #STPMB-7550 [601]; CPMS #1000046893 [CR-565]). The following resolution which was introduced and read at the regular meeting of Tuesday, January 16, 2018 and held over until the regular meeting of January 23, 2018 was called up by the Presiding Officer.

RESOLUTION: 25-036-2018

Sponsored by: Councilmember Gregory and Mayor Stimpson

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MOBILE, ALABAMA that the City hereby accepts the following documents, when prepared, as needed for the Zeigler Boulevard Add Lanes from Schillinger Road to Cody Road Project # STPMB-7550 (601) CPMS # 1000046893 (CR-565):

1. Temporary Construction Easement and Right of Entry from First Community Bank.

SAID DOCUMENTS are by reference made a part of this resolution as fully as set forth herein and copies 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.

BE IT FURTHER RESOLVED THAT:

The Real Estate Officer of the City of Mobile is hereby authorized and directed to negotiate and to execute for and in the name and on behalf of the City of Mobile whatever supporting documents, affidavits, closing statements, or other forms necessary to complete the transactions and pay the Grantors the amounts approved and authorized and pay all approved closing costs. All approved and funded by State of Alabama Department of Transportation.

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

APPROVE THE APPLICATION OF CHRISTOPHER JENKINS D/B/A SUPERIOR CAB SERVICE, FOR A CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY TO OPERATE A TAXICAB SERVICE. The following resolution which was introduced and read at the regular meeting of Tuesday, January 16, 2018 and held over until the regular meeting of January 23, 2018 was called up by the Presiding Officer.

RESOLUTION: 37-037-2018

BE IT RESOLVED BY THE CITY COUNCIL OF MOBILE, ALABAMA, pursuant to the provisions of Ordinance #59-073, 2005, that the application of Christopher Jenkins d/b/a Superior Cab Service, LLC, for a Certificate of Public Convenience and Necessity for a taxicab 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 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 ORDINANCES BEING INTRODUCED FOR THE FIRST TIME.

Councilmember Richardson moved for the suspension of the rules to consider Ordinance 50-002 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.

ORDINANCES BEING INTRODUCED:

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 ordinance was introduced by Councilmember Rich.

ORDINANCE: 50-002-2018

Sponsored by: Mayor Stimpson

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 Tillman’s 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 Tillman’s Corner Pkwy., Mobile, AL 36619-1962
1000 WI-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 Tillman’s 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 W1 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 WI-65 Service Rd., S., Mobile, AL 36609-1307
1116 W165 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 Tillman’s Corner Pkwy., Mobile, AL 36619-1962
5635 Tillman’s 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 WI-65 Service Rd., S., Mobile, AL 36609-1303
3655 Springhill MemoI-65rial Dr., Mobile, AL 36608-1177
3759 Moffett Rd., Mobile, AL 36618-1260
5676 Tillman’s 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 11-54B-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 fails 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.

Section 8.

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.

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 provisions of this Ordinance may be amended upon the written request of a representative group of the owners of the nonexempt lodging property, with 40 rooms or more, located within the District. Such request shall specify the content of the desired amendment (or amendments). Such requests must also include the signatures of the owners of nonexempt lodging property, with 40 rooms or more, which comprises at least 60% of the total fair market value of all real property located in the District or the owners of at least 50% of the number of nonexempt lodging property, with 40 rooms or more, in the District.

Section 13. Sunset Provision

(a) Within ninety (90) days after the adoption and approval of the fifth annual budget for the District, the City Council shall set a hearing to determine whether the District should be continued, modified, or terminated. After said hearing, the City Council may vote to continue, modify, or terminate the District.

(b) At least twenty (20) days before the hearing, notice of the date, place, and time of such hearing shall be posted in a least three (3) places within the District and mailed, along with a new District Plan, to the owner of each nonexempt lodging property, with 40 rooms or more, who paid assessments to the District during the previous year as certified by the collector of such assessments. The new District Plan shall contain all of the following items:

(1) A description of the Supplemental Services to be provided in the District.

(2) A budget outlining the annual cost of the Supplemental Services described in subdivision (1).

(3) A description of the method which will be used to determine the amount of the Special Assessment to be levied on the owners of the real property located within the District to finance the Supplemental Services described in subdivision (1).

(4) The number of years, not to exceed five years, that the Special Assessments described in subdivisions (3), will be levied.

(5) Copies of the articles of incorporation, bylaws, and any amendments thereto, of the Corporation designated by the District Plan to provide the Supplemental Services to the District.

(c) At this hearing, the District shall be terminated if the City Council is presented a petition objecting to the continuation of the District that is signed by the owners of nonexempt lodging property, with 40 rooms or more, representing 60% of the total fair market value of nonexempt lodging property, with 40 rooms or more, located within the District and the owners of at least 50% of the parcels nonexempt lodging property, with 40 rooms or more, located within the District. The effective date of termination shall be at the end of the fiscal year next following the hearing.

BE IT FURTHER ORDAINED THAT this Ordinance shall be effect thirty (30) days from the date of Its adoption as required by the Enabling Law; provided, however, that if the owners of nonexempt lodging property, with 40 rooms or more, representing 60% of the total fair marketing value of all nonexempt lodging property, with 40 rooms or more, located within the District, or the owners of at least 50% of the parcels of nonexempt lodging property, with 40 rooms or more, located within the District, file written objections to the establishment of the District with the City Clerk of the City of Mobile, the provisions of this Ordinance shall be null and void and no District shall be created.

The ordinance was read by the City Clerk; whereupon Councilmember Rich moved that the ordinance be held over for four (4) weeks until the regular meeting of February 20, 2018, 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 ordinance held over.

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 37-039 through 58-049 being introduced for the first time. The motion was seconded by Councilmember Williams, 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:

RECOMMEND APPROVAL TO THE ABC BOARD FOR ISSUANCE OF A RETAIL BEER/TABLE WINE (OFF PREMISES ONLY) LICENSE FOR BUC EES, 3464 SPRING HILL AVENUE (DISTRICT 7). The following resolution was introduced by Councilmember Williams.

RESOLUTION: 37-039-2018

Sponsored by: Councilmember Gregory

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

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

Submitted by: CSMS Management, LLC

Location: Buc Ees
3464 Springhill Avenue
Mobile, AL 36608

The resolution was read by the City Clerk; whereupon Councilmember Williams 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.

DECLARE THE STRUCTURE AT 7129 THIRD STREET A PUBLIC NUISANCE AND ORDER IT REPAIRED OR DEMOLISHED (DISTRICT 7). The following resolution was introduced by Councilmember Williams.

RESOLUTION: 40-040-2018

Sponsored by: Councilmember Gregory

WHEREAS, under the provisions of Chapter 52, Article II of the Mobile City Code, "Abatement of Unsafe Buildings and Structural Nuisances," adopted December 5, 2017, the structure at 7129 Third Street has been found by the Building Official of the City of Mobile to be unsafe to the extent that it is a public nuisance: and

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

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MOBILE that the structure at 7129 Third Street described as:

LOTS 41 & 42 BLK 6 MOBILE TERRACE DBK 156 P 540 #SEC 18 T4S R2W#MP28 04 18 4 004

Parcel #: 022804184004042

Last assessed to: McCants-Shelly Angela & Michael A.
1759 Myland Avenue
Mobile, AL 36618

is found and determined by the Mobile City Council to be unsafe to the extent that it is a public nuisance and a blighted property, and it is hereby ordered that said structure be repaired or demolished in accordance with the terms of said Chapter 52, Article 11 of the Mobile City Code, "Abatement of Unsafe Buildings and Structural Nuisances."

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

The resolution was read by the City Clerk; whereupon Councilmember Williams 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.

DECLARE THE STRUCTURE AT 430 AKA 431 WINSTON HOPKINS DRIVE A PUBLIC NUISANCE AND ORDER IT REPAIRED OR DEMOLISHED (DISTRICT 7). The following resolution was introduced by Councilmember Williams.

RESOLUTION: 40-041-2018

Sponsored by: Councilmember Gregory

WHEREAS, under the provisions of Chapter 52, Article II of the Mobile City Code, "Abatement of Unsafe Buildings and Structural Nuisances," adopted December 5, 2017, the structure at 430 aka 431 Winston Hopkins Drive has been found by the Building Official of the City of Mobile to be unsafe to the extent that it is a public nuisance; and

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

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MOBILE that the structure at 430 aka 431 Winston Hopkins Drive described as:

LOT 58 CADILLAC PARK SUB MBK 13 P 89 #SEC 18 T4S R2W #I\/1P28 04 18 1 001

Parcel #: 022804181001101

Last assessed to: Nickles Eddie & Jennie L. Melvenia
430 Winston Hopkins Drive
Mobile, AL 36608

is found and determined by the Mobile City Council to be unsafe to the extent that it is a public nuisance and a blighted property, and it is hereby ordered that said structure be repaired or demolished in accordance with the terms of said Chapter 52, Article II of the Mobile City Code, "Abatement of Unsafe Buildings and Structural Nuisances."

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

The resolution was read by the City Clerk; whereupon Councilmember Williams 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 th


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