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 Feb 27, 2018

MUNICIPAL BUILDING, MOBILE, ALABAMA FEBRUARY 26, 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 Monday, February 26, 2018, at 3:00 p.m.

Present:
Chairman: Lisa C. Lambert
Councilmembers: Richardson, Small, Williams, Daves, Rich and Gregory
Absent: Manzie

The meeting was called to order. The Council reviewed and discussed the agenda for their meeting to be held today at 1:30 p.m. on Tuesday, February 27, 2018.

The Presiding Officer adjourned the meeting.

Approved: March 6, 2018

CITY CLERK

MUNCIPAL BUILDING, MOBILE, ALABAMA, FEBRUARY 27, 2017

The City Council of the City of Mobile, Alabama, met in the Auditorium of the Mobile Government Plaza on Wednesday, February 27, 2018, at 1:30 p.m., in regular meeting.

The meeting was called to order by Assistant City Clerk Mary Ann Merchant.

Prophet Quentin Woodyard, Azalea City CDC, Inc., offered an invocation.

The Presiding Officer led the Pledge of Allegiance.

NOTE: Councilmember Manzie asked the audience to remain standing in honor and memoriam of Officer Justin Billa.

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 February 14, 2018 were approved as submitted.

COMMUNICATIONS FROM THE MAYOR:

Mayor Stimpson expressed that the burial of Officer Justin Billa made for a sad day in Mobile.

MONTHLY FINANCE REPORT:

Executive Director of Finance Paul Wesch stated:

“Thus far in the year our sales tax receipts are actually up a little bit over last year which is also up a little over budget, about $600,000.00. That’s less than 1% of the budget, but it is a lot better than being down 1%. We are holding steady in spite of some of the issues we have talked about in the past having to do with e-commerce. Our general fund expenditures are staying comfortable below budget. It’s early in the year to detect any trends.”

“I did want to tell you that with your help the City of Mobile has been somewhat successful in Montgomery. Last Wednesday the Senate Finance and Taxation Committee reported an amended bill out of the committee favorably for consideration by the entire Senate that fails to do the things that were in the original bill that we did not want to happen and does some things that we do want to happen. First and foremost the cities’ share of the SSUT tax has been bumped up 1% from two (2) to three (3). Still divided by population statewide, but it gets us much closer to where we need to be.”

“In addition the bill would make it mandatory that the online platforms, such as Walmart.com and Amazon.com, collect sales taxes from their online platform sellers. Those people that Walmart.com or Amazon.com sell for, but for whom they have not been collecting taxes for in the past, under the argument that they are not selling those items they are just providing their platform for those third party sellers to do so. Under the bill, as drafted, if adopted, those collections will be mandatory.”

“There were a couple of other things in the original bill that we found objectionable that have been removed. For right now things are looking good, but I have been warned repeatedly that things can change in an instant in Montgomery. Our lobbyist Beth Lyons is watching over what is happening very carefully. We have had a great engagement with the other cities in the state that are situated the way we are, not only the five (5) big cities, but also the cities of Hoover, Aniston and Jasper. The cities do seem to be getting engaged and there are other issues that are going to come up this session or next year and this is a good pattern to have in place so that we do not waste a lot of time figuring out who our friends are and how to get engaged.”

ADOPTION OF THE AGENDA:

Councilmember Daves 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 Assistant City Clerk whereupon the Presiding Officer declared the agenda adopted.

APPEALS HELD OVER:

The Council considered the appeal of the Mobile City Planning Commission’s approval of a Planned Unit Development to allow a new off-site parking lot to accommodate an existing medical clinic at 2001 Spring Hill Avenue and 137, 139 and 149 Tuscaloosa Street.

Those persons speaking in favor of the appeal:

1. Sydney Betbeze, 1210 Selma Street
2. George Bru, 1956 College Court
3. Dorothy Wells, 134 Florence Place
4. Bruce McGowin, 250 Levert Street

Those persons speaking in opposition to the appeal:

1. Larry Smith, 1 South School Street, Fairhope, Alabama
2. Joseph Zurfluh, 137 Tuscaloosa Street

Councilmember Richardson moved to grant the appeal, which motion was seconded by Councilmember Rich. Following comments from each Councilmembers Williams, Rich and Richardson the vote was as follows:

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

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

The Council considered the request of the American Cancer Society Chili Cook-Off for a waiver of the Noise Ordinance at Mardi Gras Park on March 3, 2018, from 11:00 a.m. – 3:00 p.m. (District 2).

Councilmember Daves moved that the waiver be granted 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 waiver granted.

The Council considered the request of the John Thompson, Callaghan’s Irish Social Club, for a waiver of the Noise Ordinance at 250 Marine Street (empty lot across from Callaghan’s) on March 17, 2018, from 12:00 p.m. – 10:30 p.m. (District 2).

Councilmember Daves moved that the waiver be granted 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 waiver granted.

The Council considered the request of the Charly Jones, Jr., Rho Alpha Chapter of Omega Psi Phi Fraternity, Inc. for a waiver of the Noise Ordinance at 1009 Dauphin Street, Salvation Army, on March 11, 2018, from 9:00 a.m. – 4:00 p.m. (District 2).

Councilmember Daves moved that the waiver be granted 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 waiver granted.

The Council considered the request of the Margaret Hardeman for a waiver of the Noise Ordinance at 1279 Glen Acres Drive East on March 4, 2018, from 1:00 p.m. – 5:00 p.m. (Planning Jurisdiction).

Councilmember Daves moved that the waiver be granted 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 waiver granted.

PUBLIC HEARINGS:

PUBLIC HEARING TO FIX COSTS FOR SECURING OF STRUCTURE AT 1953 ANTOINE STREET, $3,500.00 (DISTRICT 2).

The Presiding Officer announced that today was the day for the public hearing to fix costs for securing of structure at 1953 Antoine 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 251 RYLANDS STREET AKA 257 RYLANDS LANE, $4,148.00 (DISTRICT 2).

The Presiding Officer announced that today was the day for the public hearing to fix costs for demolition of structure at 251 Rylands Street aka 257 Rylands Lane 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 SECURING OF STRUCTURE AT 1854 CALMES STREET, $2,500.00 (DISTRICT 2).

The Presiding Officer announced that today was the day for the public hearing to fix costs for securing of structure at 1854 Calmes 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 SECURING OF STRUCTURE AT 1705 NORTHVIEW DRIVE, $4,200.00 (DISTRICT 1).

The Presiding Officer announced that today was the day for the public hearing to fix costs for securing of structure at 1705 Northview Drive 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 SECURING OF STRUCTURE AT 1202 ARLINGTON STREET, $3,000.00 (DISTRICT 3).

The Presiding Officer announced that today was the day for the public hearing to fix costs for securing of structure at 1202 Arlington 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 SECURING OF STRUCTURE AT 2718 BRILEY STREET, $3,100.00 (DISTRICT 5).

The Presiding Officer announced that today was the day for the public hearing to fix costs for securing of structure at 2718 Briley 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 368 ST. CHARLES STREET, $4,606.00 (DISTRICT 2).

The Presiding Officer announced that today was the day for the public hearing to fix costs for demolition of structure at 368 St. Charles 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 8 LEMOYNE PLACE, $4,540.00 (DISTRICT 2).

The Presiding Officer announced that today was the day for the public hearing to fix costs for demolition of structure at 8 Lemoyne Place 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 SECURING OF STRUCTURE AT 2483 SAYNER AVENUE, $2,900.00 (DISTRICT 4).

The Presiding Officer announced that today was the day for the public hearing to fix costs for securing of structure at 2483 Sayner 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 resolution authorizing the proper action would be introduced later in the meeting.

PUBLIC HEARING TO FIX COSTS FOR DEMOLITION OF STRUCTURE AT 261 RYLANDS STREET, $4,148.00 (DISTRICT 2).

The Presiding Officer announced that today was the day for the public hearing to fix costs for demolition of structure at 261 Rylands 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 SECURING OF STRUCTURE AT 1407 CONGRESS STREET, $4,100.00 (DISTRICT 2).

The Presiding Officer announced that today was the day for the public hearing to fix costs for securing of structure at 1407 Congress 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 SECURING OF STRUCTURE AT 1102 CONGRESS STREET, $3,400.00 (DISTRICT 2).

The Presiding Officer announced that today was the day for the public hearing to fix costs for securing of structure at 1102 Congress 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 1621 LEVENE ROAD, $2,583.00 (DISTRICT 3).

The Presiding Officer announced that today was the day for the public hearing to fix costs for demolition of structure at 1621 Levene 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.

PUBLIC HEARING TO FIX COSTS FOR DEMOLITION OF STRUCTURE AT 172 AKA 160 LINCOLN BOULEVARD, $2,550.00 (DISTRICT 7).

The Presiding Officer announced that today was the day for the public hearing to fix costs for demolition of structure at 172 aka 160 Lincoln Boulevard 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 SECURING OF STRUCTURE AT 2108 HAMILTON ROAD, $3,000.00 (DISTRICT 1).

The Presiding Officer announced that today was the day for the public hearing to fix costs for securing of structure at 2108 Hamilton 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.

PUBLIC HEARING TO FIX COSTS FOR DEMOLITION OF STRUCTURE AT 4106 YORKSHIRE LANE, $3,624.00 (DISTRICT 5).

The Presiding Officer announced that today was the day for the public hearing to fix costs for demolition of structure at 4106 Yorkshire Lane 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 SECURING OF STRUCTURE AT 1010 HEUSTIS STREET, $2,000.00 (DISTRICT 3).

The Presiding Officer announced that today was the day for the public hearing to fix costs for securing of structure at 1010 Heustis 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 964 KENTUCKY STREET, $4,699.00 (DISTRICT 3).

The Presiding Officer announced that today was the day for the public hearing to fix costs for demolition of structure at 964 Kentucky 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 627 CRENSHAW STREET, $2,692.00 (DISTRICT 5).

The Presiding Officer announced that today was the day for the public hearing to fix costs for demolition of structure at 627 Crenshaw 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 SECURING OF STRUCTURE AT 367 SOUTH ROYAL STREET, $4,300.00 (DISTRICT 2).

The Presiding Officer announced that today was the day for the public hearing to fix costs for securing of structure at 367 South Royal 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 2353 HART AVENUE, $1,900.00 (DISTRICT 1).

The Presiding Officer announced that today was the day for the public hearing to fix costs for demolition of structure at 2353 Hart 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 resolution authorizing the proper action would be introduced later in the meeting.

PUBLIC HEARING TO FIX COSTS FOR DEMOLITION OF STRUCTURE AT 2001 EDWARDS AVENUE, $2,300.00 (DISTRICT 1).

The Presiding Officer announced that today was the day for the public hearing to fix costs for demolition of structure at 2001 Edwards 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 resolution authorizing the proper action would be introduced later in the meeting.

PUBLIC HEARING TO FIX COSTS FOR DEMOLITION OF STRUCTURES AT 1561, 1563, 1565 DOMINICK STREET, $6,590.00 (DISTRICT 2).

The Presiding Officer announced that today was the day for the public hearing to fix costs for demolition of structures at 1561, 1563 and 1565 Dominick 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 1311 CONGRESS STREET, $3,000.00 (DISTRICT 2).

The Presiding Officer announced that today was the day for the public hearing to fix costs for demolition of structure at 1311 Congress 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 SECURING OF STRUCTURE AT 1014 DAUPHIN STREET, $3,550.00 (DISTRICT 2).

The Presiding Officer announced that today was the day for the public hearing to fix costs for securing of structure at 1014 Dauphin 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 SECURING OF STRUCTURE AT 460 DEXTER AVENUE, $2,800.00 (DISTRICT 2).

The Presiding Officer announced that today was the day for the public hearing to fix costs for securing of structure at 460 Dexter 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 resolution authorizing the proper action would be introduced later in the meeting.

PUBLIC HEARING TO FIX COSTS FOR DEMOLITION OF STRUCTURE AT 526 DONALD STREET, $2,700.00 (DISTRICT 1).

The Presiding Officer announced that today was the day for the public hearing to fix costs for demolition of structure at 526 Donald 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 1051 LEDYARD STREET, $849.00 (DISTRICT 2).

The Presiding Officer announced that today was the day for the public hearing to fix costs for demolition of structure at 1051 Ledyard 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 SECURING OF STRUCTURE AT 657 CHIN STREET, $2,500.00 (DISTRICT 2).

The Presiding Officer announced that today was the day for the public hearing to fix costs for securing of structure at 657 Chin 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 SECURING OF STRUCTURE AT 655 CHIN STREET, $2,800.00 (DISTRICT 2).

The Presiding Officer announced that today was the day for the public hearing to fix costs for securing of structure at 655 Chin 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 SECURING OF STRUCTURE AT 2002 GOOD STREET, $2,300.00 (DISTRICT 1).

The Presiding Officer announced that today was the day for the public hearing to fix costs for securing of structure at 2002 Good Street and asked if there was anyone present to speak for or against this matter.

Ashby Pauley, 2010 Clinton Street, objected to the cost of securing the structure. Councilmember Manzie referred Mr. Pauley to David Daughenbaugh in Municipal Enforcement.

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 SECURING OF STRUCTURE AT 966 SENECA STREET, $2,900.00 (DISTRICT 3).

The Presiding Officer announced that today was the day for the public hearing to fix costs for securing of structure at 966 Seneca 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 2308 CECELIA STREET, $2,700.00 (DISTRICT 1).

The Presiding Officer announced that today was the day for the public hearing to fix costs for demolition of structure at 2308 Cecelia 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 2601 BANK AVENUE, $2,800.00 (DISTRICT 1).

The Presiding Officer announced that today was the day for the public hearing to fix costs for demolition of structure at 2601 Bank 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 resolution authorizing the proper action would be introduced later in the meeting.

PUBLIC HEARING TO FIX COSTS FOR SECURING OF STRUCTURE AT 367 RYLANDS STREET, $3,000.00 (DISTRICT 2).

The Presiding Officer announced that today was the day for the public hearing to fix costs for securing of structure at 367 Rylands 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 365 RYLANDS STREET, $3,000.00 (DISTRICT 2).

The Presiding Officer announced that today was the day for the public hearing to fix costs for demolition of structure at 365 Rylands 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 1263 ADAMS STREET, $1,499.00 (DISTRICT 2).

The Presiding Officer announced that today was the day for the public hearing to fix costs for demolition of structure at 1263 Adams 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 SECURING OF STRUCTURE AT 2052 HEIGHT STREET, $3,800.00 (DISTRICT 3).

The Presiding Officer announced that today was the day for the public hearing to fix costs for demolition of structure at 2052 Height 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 SECURING OF STRUCTURE AT 2716 FARNELL DRIVE, $2,600.00 (DISTRICT 4).

The Presiding Officer announced that today was the day for the public hearing to fix costs for securing of structure at 2716 Farnell Drive and asked if there was anyone present to speak for or against this matter.

Jessie Cobb, 5397 Hartley Road, Satsuma, Alabama, objected to the cost of securing the structure. Councilmember Manzie referred Mr. Cobb to David Daughenbaugh in Municipal Enforcement.

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

NOTE: At approximately 4:05 p.m. Councilmember Gregory excused herself from the meeting.

PUBLIC HEARING TO FIX COSTS FOR SECURING OF STRUCTURE AT 2705 FARNELL DRIVE, $2,600.00 (DISTRICT 4).

The Presiding Officer announced that today was the day for the public hearing to fix costs for securing of structure at 2705 Farnell Drive 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 2154 SENATOR STREET, $2,480.00 (DISTRICT 5).

The Presiding Officer announced that today was the day for the public hearing to fix costs for demolition of structure at 2154 Senator 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 1612 MARENGO DRIVE, $4,000.00 (DISTRICT 3).

The Presiding Officer announced that today was the day for the public hearing to fix costs for demolition of structure at 1612 Marengo Drive 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 SECURING OF STRUCTURE AT 2665 MURRELL LANE, $3,500.00 (DISTRICT 1).

The Presiding Officer announced that today was the day for the public hearing to fix costs for securing of structure at 2665 Murrell Lane 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 SECURING OF STRUCTURE AT 212 INGATE STREET, $3,700.00 (DISTRICT 1).

The Presiding Officer announced that today was the day for the public hearing to fix costs for securing of structure at 212 Ingate 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 SECURING OF STRUCTURE AT 1705 SLIGO STREET, $3,200.00 (DISTRICT 2).

The Presiding Officer announced that today was the day for the public hearing to fix costs for securing of structure at 1705 Sligo 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 SECURING OF STRUCTURE AT 1336 ADAMS STREET, $3,200.00 (DISTRICT 2).

The Presiding Officer announced that today was the day for the public hearing to fix costs for securing of structure at 1336 Adams 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 SECURING OF STRUCTURE AT 1258 BAYLOR AVENUE, $2,700.00 (DISTRICT 7).

The Presiding Officer announced that today was the day for the public hearing to fix costs for securing of structure at 1258 Baylor 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 resolution authorizing the proper action would be introduced later in the meeting.

PUBLIC HEARING TO FIX COSTS FOR SECURING OF STRUCTURE AT 325 BORDER DRIVE WEST, $3,500.00 (DISTRICT 7).

The Presiding Officer announced that today was the day for the public hearing to fix costs for securing of structure at 325 Border Drive West 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 SECURING OF STRUCTURE AT 2433 RIDGE ROAD NORTH, $3,200.00 (DISTRICT 1).

The Presiding Officer announced that today was the day for the public hearing to fix costs for securing of structure at 2433 Ridge Road North 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 SECURING OF STRUCTURE AT 1907 OAK KNOLL CIRCLE, $3,500.00 (DISTRICT 1).

The Presiding Officer announced that today was the day for the public hearing to fix costs for securing of structure at 1907 Oak Knoll Circle and asked if there was anyone present to speak for or against this matter.

Burton Leflore, 1907 Oak Knoll Circle, objected to the demolition of the structure. Councilmember Manzie referred Mr. Leflore to David Daughenbaugh in Municipal Enforcement.

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 SECURING OF STRUCTURE AT 1517 NAVCO ROAD, $2,200.00 (DISTRICT 3).

The Presiding Officer announced that today was the day for the public hearing to fix costs for securing of structure at 1517 Navco 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.

PUBLIC HEARING TO FIX COSTS FOR SECURING OF STRUCTURE AT 1575 ROBERT E. LEE STREET, $2,700.00 (DISTRICT 3).

The Presiding Officer announced that today was the day for the public hearing to fix costs for securing of structure at 1575 Robert E. Lee 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 SECURING OF STRUCTURE AT 1567 ROBERT E. LEE STREET, $3,000.00 (DISTRICT 3).

The Presiding Officer announced that today was the day for the public hearing to fix costs for securing of structure at 1567 Robert E. Lee 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 6404 BILOXI AVENUE, $6,324.00 (DISTRICT 7).

The Presiding Officer announced that today was the day for the public hearing to fix costs for demolition of structure at 6404 Biloxi 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 resolution authorizing the proper action would be introduced later in the meeting.

PUBLIC HEARING TO FIX COSTS FOR DEMOLITION OF STRUCTURE AT 2710 BANK AVENUE, $3,600.00 (DISTRICT 1).

The Presiding Officer announced that today was the day for the public hearing to fix costs for demolition of structure at 2710 Bank 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 resolution authorizing the proper action would be introduced later in the meeting.

PUBLIC HEARING TO FIX COSTS FOR DEMOLITION OF STRUCTURE AT 1630 AKA 1632 ST. STEPHENS ROAD, $3,560.00 (DISTRICT 2).

The Presiding Officer announced that today was the day for the public hearing to fix costs for demolition of structure at 1630 aka 1632 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.

PUBLIC HEARING TO FIX COSTS FOR DEMOLITION OF STRUCTURE AT 2014 EDWARDS AVENUE, $2,600.00 (DISTRICT 1).

The Presiding Officer announced that today was the day for the public hearing to fix costs for demolition of structure at 2014 Edwards Avenue and asked if there was anyone present to speak for or against this matter.

Tameka Waller, 1853 Seale Street, objected to the process associated with the demolition of the structure. Councilmember Manzie referred Ms. Waller to David Daughenbaugh in Municipal Enforcement.

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 2817 BANK AVENUE, $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 2014 Edwards Avenue and asked if there was anyone present to speak for or against this matter.

Edward Whigham, 2817 Bank Avenue, stated he is ready to re-pay the City for the demolition fee. Councilmember Manzie referred Mr. Whigham to David Daughenbaugh in Municipal Enforcement.

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 SECURING OF STRUCTURE AT 2155 ROBINSON STREET, $3,700.00 (DISTRICT 3).

The Presiding Officer announced that today was the day for the public hearing to fix costs for securing of structure at 2155 Robinson Street and asked if there was anyone present to speaking for or against this matter.

Lillian Villegez, 2155 Robinson Drive, objected to the cost of securing the structure. Councilmember Manzie referred Ms.Villegez to David Daughenbaugh in Municipal Enforcement.

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 REZONE PROPERTY AT 7080 AIRPORT BOULEVARD (NORTHEAST CORNER OF AIRPORT BOULEVARD AND CODY ROAD SOUTH) FROM B-2 TO B-2 TO REMOVE A CONDITION OF APPROVAL (DISTRICT 7).

The Presiding Officer announced that today was the day for the public hearing to rezone property at 7080 Airport Boulevard from B-2 to B-2 to remove a condition of approval and asked if there was anyone present to speaking 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:

1. Reggie Hill, 200 Government Street, expressed his concerns for public safety.

2. Laura Jackson, Mobile United, 108 Hilltop Court, provided the Council with information for the Connect Mobile program that encourages residents to utilize public transportation.

ORDINANCES HELD OVER:

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 which was introduced and read at the regular meeting of Tuesday, January 23, 2018 and held over until the regular meeting of February 27, 2018 was called up by the Presiding Officer.

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 cons


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