REGULAR MEETING OF THE COUNCIL OF THE CITY OF BIRMINGHAM. MARCH 4, 2014 at 9:30 A.M.

Transcription

1 REGULAR MEETING OF THE COUNCIL OF THE CITY OF BIRMINGHAM MARCH 4, 2014 at 9:30 A.M. The Council of the City of Birmingham met in the Council Chambers of the City Hall of Birmingham on March 4, 2014 at 9:30 a.m., in regular meeting. The meeting was opened with prayer by Bishop Calvin Woods, Pastor of Shiloh Baptist Church. The Pledge of Allegiance was led by Councilmember Marcus Lundy, Jr. Present on Roll Call: Council President Austin Councilmembers Abbott Hoyt Lundy (Arrived as herein indicated) Parker Rafferty Roberson Scales Tyson (Arrived as herein indicated) Mayor William A. Bell, Sr. invited the City Council and everyone to the groundbreaking of the new Intermodal Facility Friday, March 7, 2014 at 2:00 p.m. Mayor Bell encouraged everyone to contact Dr. Caroline Townsend relative to recently enacted legislation by the Alabama Legislature urging for the State Superintendent of Education to develop and implement a program granting high school diplomas to qualifying World War II, Korean War, and Vietnam War veterans which diploma will be paid by the Alabama Department of Veteran Affairs. Mayor Bell presented a proclamation declaring April as "Parental Alienation Prevention Week" and April 25, 2014 as "Parental Alienation Prevention Day" in Birmingham. Mayor Bell presented a proclamation recognizing The Greater Birmingham Chapter 53 of

2 MAR the National Association of Women in Construction, and declaring March 2-8, 2014 as "Women in Construction Week" in Birmingham. Councilmember Tyson arrived and assumed her seat as a Councilmember. Councilmember Abbott absented herself. Councilmember Parker absented himself. Mayor Bell recognized Frank Adams, Jr., President of AG Gaston Boys and Girls Club and John Colon, Director of Community Development who spoke on Cities United, who in partnership with the National League of Cities and the Casey Foundation, is an initiative that focuses on the future of young Black men. Cities United is in conjunction with President Barack Obama's launch of his "My Brothers Keeper" Initiative. Alexander Slaughter and Carlos Shavers spoke on their attendance at the convening of the first Cities United conference which was held in New Orleans, Louisiana. Councilmember Rafferty absented herself. Councilmember Lundy arrived and assumed his seat as a Councilmember. Mayor Bell recognized the Parker High School Boys Basketball Team who won the 5A Basketball Championship and the Wenonah High School Girls' Basketball Team for winning the 5A Girls Basketball Championship. Mayor Bell also recognized Buck Johnson, the new Athletic Director for the Birmingham Schools. Mayor Bell recognized some of the mascots representing the colleges who are participating in this week's SIAC Boys and Girls Basketball Championship. The Miles College Cheerleaders gave a cheer and invited everyone to the championship tournaments as well as the cheerleading and dance competition which will be held tonight at 7:00 pm at the Birmingham Crossplex Councilmember Scales absented herself. Councilmember Tyson absented herself.

3 MAR Councilmember Roberson absented himself. Councilmember Scales returned and took her seat as a Councilmember. Councilmember Tyson returned and took her seat as a Councilmember. Mayor Bell announced that there is a reception welcoming Judge Ralph Cook on being appointed the new City Attorney The Announcement of Boards and Agencies Expirations for the month of April 2014 were read by the City Clerk. Councilmember Rafferty returned and took her seat as a Councilmember. Councilmember Abbott returned and took her seat as a Councilmember. Councilmember Parker returned and took his seat as a Councilmember. The following resolutions and ordinances designated as Consent Agenda items were introduced by the Presiding Officer: Case No. SUB RESOLUTION NO WHEREAS, there has been exhibited to this Council a duly acknowledged Declaration of Vacation executed by Parkside Residences, LLC., City of Birmingham, a municipal corporation, HRT of Alabama, Inc., KPC Realty, LLC, Railroad Square, LLC., The Children s Hospital of Birmingham, Corporate Furnishings, Inc., being the owners, and the reading in part as follows: KNOW ALL MEN BY THESE PRESENT, that the undersigned, Parkside Residences, LLC., City of Birmingham, a municipal corporation, HRT of Alabama, Inc., KPC Realty, LLC, Railroad Square, LLC., The Children s Hospital of Birmingham, Corporate Furnishings, Inc., owners of all lands abutting the portion of public way or ways hereinafter declared vacated, does hereby declare vacated and divested out of the public the portion or portions of unopened public way or ways described as follows, to-wit:

4 MAR PORTION OF SUBSURFACE RIGHTS ALONG 1 ST AVENUE SOUTH TO BE VACATED A portion of Subsurface Rights along 1 st Avenue South being more particularly described as follows: Beginning at a point at the Southeast intersection of 1 st Avenue South and 17 th Street South, said point also being the Westernmost corner of Lot 1 of CRD RR Resurvey as recorded in Map Book 236, Page 46 in the office of the Judge of Probate of Jefferson County, Alabama; thence in a Northeasterly direction along the Northwest line of said Lot 1 and the Southeast right-of-way line of 1 st Avenue South a distance of feet to a point; thence left and run in a Northwesterly direction a distance of 1.0 feet to a point; thence left and run in a Southwesterly direction and parallel to the Northwest line of said Lot 1 a distance of feet to a point; thence left in a Southeasterly direction a distance of 1.0 feet to a point; thence left in a Northeasterly direction a distance of 1.0 feet to the POINT OF BEGINNING. The Public Right-of-Ways to be vacated contain Square Feet or Acres. PORTION OF SUBSURFACE RIGHTS ALONG 18 TH STREET SOUTH TO BE VACATED A portion of Subsurface Rights along 18 th Street South being more particularly described as follows: Beginning at a point at the Southwest intersection of 1 st Avenue South and 18 th Street South, said point also being the Northernmost corner of Lot 1 of CRD RR Resurvey as recorded in Map Book 236, Page 46 in the office of the Judge of Probate of Jefferson County, Alabama; thence in a Southeasterly direction along the Northeast line of said Lot 1 and the Southwest right-of-way line of 18 th Street South a distance of feet to a point; thence left and run in a Northeasterly direction a distance of 1.0 feet to a point; thence left and run in a Northwesterly direction and parallel to the Northeast line of said Lot 1 a distance of feet to a point; thence left in a Southwesterly direction a distance of 1.0 feet to the POINT OF BEGINNING. The Public Right-of-Ways to be vacated contain Square Feet or Acres. PORTION OF SUBSURFACE RIGHTS ALONG 1 st VACATED AVENUE SOUTH ALLEY TO BE A portion of Subsurface Rights along 1 st Avenue South Alley being more particularly described as follows: Beginning at a point at the Northwest intersection of 1 st Avenue South Alley and 18 th Street South, said point also being the Easternmost corner of Lot 1 of CRD RR Resurvey as recorded in Map Book 236, Page 46 in the office of the Judge of Probate of Jefferson County, Alabama; thence in a Southwesterly direction along the Southeast line of said Lot 1 and the Northwest right-of-way line of 1 st Avenue South Alley a distance of feet to a point; thence left and run in a Southeasterly direction a distance of 1.0 feet to a point; thence left and run in a Northeasterly direction and parallel to the Southeast line of said Lot 1 a distance of feet to a

5 MAR point; thence left in a Southwesterly direction a distance of 1.0 feet to the POINT OF BEGINNING. The Public Right-of-Ways to be vacated contain Square Feet or Acres. PORTION OF SUBSURFACE RIGHTS ALONG 17 th STREET SOUTH TO BE VACATED A portion of Subsurface Rights along 17 th Street South being more particularly described as follows: Beginning at a point at the Northeast intersection of 1 st Avenue South Alley and 17 th Street South, said point also being the Southernmost corner of Lot 1 of CRD RR Resurvey as recorded in Map Book 236, Page 46 in the office of the Judge of Probate of Jefferson County, Alabama; thence in a Northwesterly direction along the Southwest line of said Lot 1 and the Northeast right-of-way line of 18 th Street South a distance of feet to a point; thence left and run in a Southwesterly direction a distance of 1.0 feet to a point; thence left and run in a Southeasterly direction and parallel to the Southwest line of said Lot 1 a distance of feet to a point; thence left in a Northeasterly direction a distance of 1.0 feet to the POINT OF BEGINNING. The Public Right-of-Ways to be vacated contain Square Feet or Acres. PORTION OF AIR SPACE RIGHTS ALONG 1 ST AVENUE SOUTH TO BE VACATED A portion of Air Space Rights along 1 st Avenue South lying between Elevation 605 feet and 680 feet above mean sea level being more particularly described as follows: Beginning at a point at the Southeast intersection of 1 st Avenue South and 17 th Street South, said point also being the Westernmost corner of Lot 1 of CRD RR Resurvey as recorded in Map Book 236, Page 46 in the office of the Judge of Probate of Jefferson County, Alabama; thence in a Northeasterly direction along the Northeast line of said Lot 1 and the Southeast right-of-way line of 1 st Avenue South a distance of feet to a point; thence left and run in a Northwesterly direction a distance of 4.0 feet to a point; thence left and run in a Southwesterly direction and parallel to the Northwest line of said Lot 1 a distance of feet to a point; thence left in a Southeasterly direction a distance of 4.0 feet to a point; thence left in a Northeasterly direction a distance of 4.0 feet to the POINT OF BEGINNING. The Public Right-of-Ways to be vacated contain Square Feet or Acres. PORTION OF AIR SPACE RIGHTS ALONG 18 TH STREET SOUTH TO BE VACATED A portion of Air Space Rights along 18 th Street South lying between Elevation 605 feet and 680 feet above mean sea level being more particularly described as follows: Beginning at a point at the Southwest intersection of 1 st Avenue South and 18 th Street South, said point also being the Northernmost corner of Lot 1 of CRD RR Resurvey as recorded in Map Book 236, Page 46 in the office of the Judge of Probate of Jefferson County, Alabama; thence in a Southeasterly direction along the Northeast line of said Lot 1 and the Southwest right-of-way line of 18 th Street South a distance of feet to a point; thence left and run in a Northeasterly direction a distance of 4.0 feet to a point; thence left and run in a Northwesterly direction and parallel to the Northeast line of said Lot 1 a distance of feet to a

6 MAR point; thence left in a Southwesterly direction a distance of 4.0 feet to the POINT OF BEGINNING. The Public Right-of-Ways to be vacated contain Square Feet or Acres. PORTION OF AIR SPACE RIGHTS ALONG 1 st VACATED AVENUE SOUTH ALLEY TO BE A portion of Air Space Rights along 1 st Avenue South Alley lying between Elevation 605 feet and 680 feet above mean sea level being more particularly described as follows: Beginning at a point at the Northwest intersection of 1 st Avenue South Alley and 18 th Street South, said point also being the Easternmost corner of Lot 1 of CRD RR Resurvey as recorded in Map Book 236, Page 46 in the office of the Judge of Probate of Jefferson County, Alabama; thence in a Southwesterly direction along the Southeast line of said Lot 1 and the Northwest right-of-way line of 1 st Avenue South Alley a distance of feet to a point; thence left and run in a Southeasterly direction a distance of 4.0 feet to a point; thence left and run in a Northeasterly direction and parallel to the Southeast line of said Lot 1 a distance of feet to a point; thence left in a Southwesterly direction a distance of 4.0 feet to the POINT OF BEGINNING. The Public Right-of-Ways to be vacated contain Square Feet or Acres. PORTION OF AIR SPACE RIGHTS ALONG 17 th STREET SOUTH TO BE VACATED A portion of Air Space Rights along 17 th Street South lying between Elevation 605 feet and 680 feet above mean sea level being more particularly described as follows: Beginning at a point at the Northeast intersection of 1 st Avenue South Alley and 17 th Street South, said point also being the Southernmost corner of Lot 1 of CRD RR Resurvey as recorded in Map Book 236, Page 46 in the office of the Judge of Probate of Jefferson County, Alabama; thence in a Northwesterly direction along the Southwest line of said Lot 1 and the Northeast right-of-way line of 18 th Street South a distance of feet to a point; thence left and run in a Southwesterly direction a distance of 4.0 feet to a point; thence left and run in a Southeasterly direction and parallel to the Southwest line of said Lot 1 a distance of feet to a point; thence left in a Northeasterly direction a distance of 4.0 feet to the POINT OF BEGINNING. The Public Right-of-Ways to be vacated contain Square Feet or Acres. The vacation hereinabove declared shall be subject to such conditions and reservations for the benefit of the owners or operators of public utilities or installations in said way or ways as the governing body of the City of Birmingham may see fit to specify in a resolution of assent. The said owner does further declare that after the vacation hereinabove declared, convenient means of ingress and egress to and from their respective properties will be afforded to all other property owners by the remaining public ways dedicated to the public for public way purposes, and,

7 MAR WHEREAS, it has been made to appear to this Council that said declarant is the owner of all the land abutting on the portion or portions of public way or ways declared vacated by said Declaration of Vacation and that after the vacation of the said portion or portions of said public way or ways convenient means of ingress and egress to and from their property will be afforded to all other property owners by the remaining public grounds dedicated to the public for public way purposes; and NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Birmingham as follows: 1. After hearing all parties and considering all information presented, the assent of this Council be, and hereby is given and granted to the vacation of the portion, or portions, of public way or ways declared vacated in the above quoted Declaration of Vacation, subject to the conditions and reservations hereinafter set out, and further, this Council finds that all other property owners will have convenient means of ingress and egress to and from their property by the remaining public grounds dedicated to the public for public way purposes and that it is in the best interest of the public that the above described public way or ways or portions thereof be vacated. 2. That the foregoing assent be and is hereby given upon condition that any entity, including the City of Birmingham, which may now own or rightfully maintain any public utility, facility, line or installation, including any open or closed storm or sanitary sewer, in any portion of any public way hereinabove mentioned, shall have a right and easement to continue to maintain same in its present location therein and to repair, cleanse, improve and reconstruct the same and to have convenient storm water drainage and sanitary sewer means thereto and there from for said purposes, and that there be and is hereby reserved and excluded from the said foregoing assent any assent of this Council to the vacation, annulment or impairment of the right, easement or privilege of any such entity to continue to own, maintain, repair, cleanse, improve, reconstruct and have convenient means of ingress and egress to and from such utility, facility, line or installation. 3. The foregoing provisions for maintenance and for ingress and egress shall mean, among other things and without limitation, that in case any building or edifice shall be constructed or placed in any portion of any of said vacated ways, it shall be constructed, placed or arranged therein so as to avoid damage to any presently existing concealed or unconcealed or patent or latent public utility, facility, line or installation in any such public way and so as to afford ways and means of ingress and egress to and from such utility, facility, line or installation for purpose of reconstruction, repair, cleansing or improvement of service of same, substantially equal to and as convenient as presently existing ways and means of ingress and egress thereto and therefrom such purposes, or such as shall be approved in writing by the owner or operator of such utility, facility, line or installation. 4. This resolution shall be effective only upon the payment of the right-of-way fee within sixty (60) days of the date of this resolution, the recording in the Office of the Judge of Probate of Jefferson County, Alabama, of a map or plat approved by the City Engineer and the Birmingham Planning Commission showing the vacated portion or portions of public way or ways

8 MAR as described above and the boundary lines of the abutting property resulting from the vacation, and notice of the governing body s action being published once in a newspaper in the county no later than 14 days after its adoption. BE IT FURTHER RESOLVED that under the provisions of Act 785 of 1982 the right-ofway vacation fee has been set at $11, Case No. SUB RESOLUTION NO WHEREAS, there has been exhibited to this Council a duly acknowledged Declaration of Vacation executed by Turn Key Homes, LLC, being the owner, and the reading in part as follows: KNOW ALL MEN BY THESE PRESENT, that the undersigned, Turn Key Homes, LLC, owner of all lands abutting the portion of public way or ways hereinafter declared vacated, does hereby declare vacated and divested out of the public the portion or portions of unopened public way or ways described as follows, to-wit: A parcel of land situated in the Southwest Quarter of Section 29, Township 17 South, Range 2 West, Huntsville Meridian, Jefferson County, Alabama, said parcel also being a part of Block 10 according to the Map of Avondale as recorded in Map 1, Page 221 in the office of the Judge of Probate, Jefferson County, Alabama and being more particularly described as follows: BEGIN at the southernmost corner of Lot 1, Block 10 according to the Map of Avondale as recorded in Map 1, Page 221 in the office of the Judge of Probate, Jefferson County, Alabama, said Point of Beginning also being at the intersection of the northwest line of a twenty-foot wide easement and the northeast right-of-way line of 41 st Street South; thence leaving said northeast right-of-way line run in a northeasterly direction along the northwest line of said twenty-foot wide alley for a distance of feet; thence turn an interior angle to the left of and leaving said northwest line run in a southeasterly direction for a distance of feet to the southeast line of said alley; thence turn an interior angle to the left of and run in a southwesterly direction along said southeast line for a distance of feet to the aforementioned northeast right-of-way line of 41 st Street South; thence turn an interior angle to the left of and leaving said southeast line run in a northwesterly direction along said northeast right of way line for a distance of feet to the Point of Beginning. Containing 6,888 square feet more or less. The vacation hereinabove declared shall be subject to such conditions and reservations for the benefit of the owners or operators of public utilities or installations in said way or ways as the governing body of the City of Birmingham may see fit to specify in a resolution of assent. The said owner does further declare that after the vacation hereinabove declared, convenient

9 MAR means of ingress and egress to and from their respective properties will be afforded to all other property owners by the remaining public ways dedicated to the public for public way purposes, and, WHEREAS, it has been made to appear to this Council that said declarant is the owner of all the land abutting on the portion or portions of public way or ways declared vacated by said Declaration of Vacation and that after the vacation of the said portion or portions of said public way or ways convenient means of ingress and egress to and from their property will be afforded to all other property owners by the remaining public grounds dedicated to the public for public way purposes; and NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Birmingham as follows: 1. After hearing all parties and considering all information presented, the assent of this Council be, and hereby is given and granted to the vacation of the portion, or portions, of public way or ways declared vacated in the above quoted Declaration of Vacation, subject to the conditions and reservations hereinafter set out, and further, this Council finds that all other property owners will have convenient means of ingress and egress to and from their property by the remaining public grounds dedicated to the public for public way purposes and that it is in the best interest of the public that the above described public way or ways or portions thereof be vacated. 2. That the foregoing assent be and is hereby given upon condition that any entity, including the City of Birmingham, which may now own or rightfully maintain any public utility, facility, line or installation, including any open or closed storm or sanitary sewer, in any portion of any public way hereinabove mentioned, shall have a right and easement to continue to maintain same in its present location therein and to repair, cleanse, improve and reconstruct the same and to have convenient storm water drainage and sanitary sewer means thereto and there from for said purposes, and that there be and is hereby reserved and excluded from the said foregoing assent any assent of this Council to the vacation, annulment or impairment of the right, easement or privilege of any such entity to continue to own, maintain, repair, cleanse, improve, reconstruct and have convenient means of ingress and egress to and from such utility, facility, line or installation. 3. The foregoing provisions for maintenance and for ingress and egress shall mean, among other things and without limitation, that in case any building or edifice shall be constructed or placed in any portion of any of said vacated ways, it shall be constructed, placed or arranged therein so as to avoid damage to any presently existing concealed or unconcealed or patent or latent public utility, facility, line or installation in any such public way and so as to afford ways and means of ingress and egress to and from such utility, facility, line or installation for purpose of reconstruction, repair, cleansing or improvement of service of same, substantially equal to and as convenient as presently existing ways and means of ingress and egress thereto and therefrom such purposes, or such as shall be approved in writing by the owner or operator of such utility, facility, line or installation.

10 MAR This resolution shall be effective only upon the payment of the right-of-way fee within sixty (60) days of the date of this resolution, the recording in the Office of the Judge of Probate of Jefferson County, Alabama, of a map or plat approved by the City Engineer and the Birmingham Planning Commission showing the vacated portion or portions of public way or ways as described above and the boundary lines of the abutting property resulting from the vacation, and notice of the governing body s action being published once in a newspaper in the county no later than 14 days after its adoption. BE IT FURTHER RESOLVED that under the provisions of Act 785 of 1982 the right-ofway vacation fee has been set at $8, ORDINANCE NO BE IT ORDAINED by the Council of the City of Birmingham, Alabama, that the Mayor be authorized to enter into an easement agreement in substantially the same form as on file in the Office of the City Clerk, whereby Alabama Power Company is allowed to enter upon City property known as Fire Station No.18, located at 200 Dugan Avenue, Pratt City, to install, operate and maintain certain electrical facilities as shown on Alabama Power Company Plan No. A AM13, which is on file in the Office of the City Engineer, to install a riser pole and run underground cable to a pad mounted transformer to provide electrical service to the new Fire Station. RESOLUTION NO BE IT RESOLVED by the Council of the City of Birmingham, Alabama; to accept a grant to the Birmingham Police Department from the State of Alabama Gulf Coast High Intensity Drug Trafficking Area; (HIDTA) for the Highway Interdiction Initiative. WHEREAS, the Mayor and Council agree to accept funding in the amount of $32,281.76, which amount represents 100% of the total program. RESOLUTION NO BE IT RESOLVED by the Council of the City of Birmingham that the agreement with Neel-Schaffer, Inc., Birmingham, AL, in an amount not to exceed $670,435.00, to provide professional engineering design and surveying services for the Replacement of 21 st Street Bridge (aka Rainbow Viaduct) Project, be and the same hereby is approved, and; BE IT FURTHER RESOLVED that the Mayor is hereby authorized to execute the agreement on behalf of the City.

11 MAR Appropriated for in FY Budget G/L Account: 135_ Project Code: PEP135CP RESOLUTION NO BE IT RESOLVED by the Council of the City of Birmingham that agreement with the Regional Planning Commission of Greater Birmingham (RPCGB), Birmingham, AL, in an amount not to exceed $90,000.00, to provide planning and management services for the US11 East Phase 2 Project, be and the same hereby is approved, and; BE IT FURTHER RESOLVED that the Mayor is hereby authorized to execute the agreement on behalf of the City. Appropriated for in FY Budget G/L Account: 135_ Project Code: PEP135CP RESOLUTION NO WHEREAS, the Council is periodically called upon to support public events that are organized and coordinated by local organizations for the purpose of projecting a positive image and goodwill in the City; establishing rapport with the public and core constituents; gathering knowledge about community interests and issues; as well as showing appreciation to those participants who benefit from various projects and programs; and WHEREAS, recently, the Council received an invitation determining that the North Birmingham Framework Plan Meeting that will be held on Monday, March 10, 2014, at Trinity CME Church in Collegeville is a valuable and worthy event; and WHEREAS, the Council has reviewed and considered relevant factors concerning this event and has determined that it serve a public purpose; and WHEREAS, the Council finds that participation and representation at this worthy event is in the best interest of its citizens; and BE IT RESOLVED that the Council of the City of Birmingham finds that the abovementioned and similar events are determined to be public purposes that promote goodwill and serve a public interest. Therefore, we request that the City of Birmingham funds be administered to pay for this event in accordance with Section of the General Code of the City of Birmingham. ADOPTED this Fourth day of March, Two Thousand and Fourteen.

12 MAR RESOLUTION NO WHEREAS, the Council is periodically called upon to support public events that are organized and coordinated by local organizations for the purpose of projecting a positive image and goodwill in the City; establishing rapport with the public and core constituents; gathering knowledge about community interests and issues; as well as showing appreciation to those participants who benefit from various projects and programs; and WHEREAS, recently, the Council received an invitation from Woodlawn Magnet High School determining that their 5 th Annual Senior Scholarship Benefit Dinner that will be held on Thursday, April 24, 2014, at the Harbert Center is a valuable and worthy event; and WHEREAS, the Council has reviewed and considered relevant factors concerning this event and has determined that it serve a public purpose; and WHEREAS, the Council finds that participation and representation at this worthy event is in the best interest of its citizens; and BE IT RESOLVED that the Council of the City of Birmingham finds that the abovementioned and similar events are determined to be public purposes that promote goodwill and serve a public interest. Therefore, we request that the City of Birmingham funds be administered to pay for this event in accordance with Section of the General Code of the City of Birmingham. ADOPTED this Fourth day of March, Two Thousand and Fourteen. RESOLUTION NO WHEREAS, the Council is periodically called upon to support public events that are organized and coordinated by local organizations for the purpose of projecting a positive image and goodwill in the City; establishing rapport with the public and core constituents; gathering knowledge about community interests and issues; as well as showing appreciation to those participants who benefit from various projects and programs; and WHEREAS, recently, the Council received an invitation determining that District 4 Day that will be held on Sunday, May 4, 2014, at the Brownsville Community Center is a valuable and worthy event; and WHEREAS, the Council has reviewed and considered relevant factors concerning this event and has determined that it serve a public purpose; and WHEREAS, the Council finds that participation and representation at this worthy event is in the best interest of its citizens; and

13 MAR BE IT RESOLVED that the Council of the City of Birmingham finds that the abovementioned and similar events are determined to be public purposes that promote goodwill and serve a public interest. Therefore, we request that the City of Birmingham funds be administered to pay for this event in accordance with Section of the General Code of the City of Birmingham. ADOPTED this Fourth day of March, Two Thousand and Fourteen RESOLUTION NO WHEREAS, the Council is periodically called upon to support public events that are organized and coordinated by local organizations for the purpose of projecting a positive image and goodwill in the City; establishing rapport with the public and core constituents; gathering knowledge about community interests and issues; as well as showing appreciation to those participants who benefit from various projects and programs; and WHEREAS, recently, the Council received an invitation determining that District 4 Day that will be held on Sunday, May 18, 2014, at the Shields Conference Center is a valuable and worthy event; and WHEREAS, the Council has reviewed and considered relevant factors concerning this event and has determined that it serve a public purpose; and WHEREAS, the Council finds that participation and representation at this worthy event is in the best interest of its citizens; and BE IT RESOLVED that the Council of the City of Birmingham finds that the abovementioned and similar events are determined to be public purposes that promote goodwill and serve a public interest. Therefore, we request that the City of Birmingham funds be administered to pay for this event in accordance with Section of the General Code of the City of Birmingham. ADOPTED this Fourth day of March, Two Thousand and Fourteen. RESOLUTION NO WHEREAS, the City of Birmingham (the City ) is divided into ninety-nine (99) neighborhoods and the Council of the City of Birmingham, Alabama (the Council ) provides an annual allocation of funds ( City Funding ) to the City s associated ninety-nine Neighborhood Associations (the Neighborhood Associations ) for capital and non-capital spending; and

14 MAR WHEREAS, the Neighborhood Associations are periodically called upon to provide financial support of activities and programs of the Birmingham Board of Education (the Board ) within the various neighborhoods by requesting to use City Funding to pay for certain schoolrelated efforts; and WHEREAS, the Council supports a high quality, diverse education for all students in the City in order to enable students to make positive life choices and to successfully participate in a diverse society and the Council determines that the lack of access to a diversified and creative education may limit economic opportunities. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Birmingham, Alabama that allocating funds in support of the Charles A. Brown Elementary School s chess and drama programs, serves a public purpose and that the amount of $2,000 as requested by the Belview Heights Neighborhood Association be used for this purpose, subject to the availability of funds remaining in the allocation for the neighborhood association. BE IT FURTHER RESOLVED by the Council of the City of Birmingham that the Mayor be and hereby is authorized to execute, for and as the act of said City, an agreement with the Birmingham Board of Education, which has been requested by the Belview Heights Neighborhood Association, under which the City will provide funding from the allocation of funding for the Belview Heights Neighborhood Association under the terms provided in the agreement. RESOLUTION NO WHEREAS, the City of Birmingham (the City ) is divided into ninety-nine (99) neighborhoods and the Council of the City of Birmingham, Alabama (the Council ) provides an annual allocation of funds ( City Funding ) to the City s associated ninety-nine Neighborhood Associations (the Neighborhood Associations ) for capital and non-capital spending; and WHEREAS, the Neighborhood Associations are periodically called upon to provide financial support of activities and programs of the Birmingham Board of Education (the Board ) within the various neighborhoods by requesting to use City Funding to pay for certain schoolrelated efforts; and WHEREAS, the Council supports a high quality, diverse education for all students in the City in order to enable students to make positive life choices and to successfully participate in a diverse society and the Council determines that the lack of access to a diversified and creative education may limit economic opportunities. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Birmingham, Alabama that allocating funds to help produce a theatrical performance and souvenir booklets to honor the Civil Rights Foot Soldiers to be titled Living Legends-The Untold Stories of the Foot Soldiers The Soul of the Movement, scheduled to occur on April 26, 2014, serves a public

15 MAR purpose and that the amount of $1,500 as requested by the East Thomas Neighborhood Association be used for this purpose, subject to the availability of funds remaining in the allocation for the neighborhood association. BE IT FURTHER RESOLVED by the Council of the City of Birmingham that the Mayor be and hereby is authorized to execute, for and as the act of said City, an agreement with the Birmingham Board of Education, which has been requested by the East Thomas Neighborhood Association, under which the City will provide funding from the allocation of funding for the East Thomas Neighborhood Association under the terms provided in the agreement. RESOLUTION NO WHEREAS, the City of Birmingham (the City ) is divided into ninety-nine (99) neighborhoods and the Council of the City of Birmingham, Alabama (the Council ) provides an annual allocation of funds ( City Funding ) to the City s associated ninety-nine Neighborhood Associations (the Neighborhood Associations ) for capital and non-capital spending; and WHEREAS, the Neighborhood Associations are periodically called upon to provide financial support of activities and programs of the Birmingham Board of Education (the Board ) within the various neighborhoods by requesting to use City Funding to pay for certain schoolrelated efforts; and WHEREAS, the Council supports a high quality, diverse education for all students in the City in order to enable students to make positive life choices and to successfully participate in a diverse society and the Council determines that the lack of access to a diversified and creative education may limit economic opportunities. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Birmingham, Alabama that allocating funds to provide a 1 year service agreement for the clock affixed on Carrie A. Tuggle School s exterior, serves a public purpose and that the amount of $485 as requested by the Enon Ridge Neighborhood Association be used for this purpose, subject to the availability of funds remaining in the allocation for the neighborhood association. BE IT FURTHER RESOLVED by the Council of the City of Birmingham that the Mayor be and hereby is authorized to execute, for and as the act of said City, an agreement with the Birmingham Board of Education, which has been requested by the Enon Ridge Neighborhood Association, under which the City will provide funding from the allocation of funding for the Enon Ridge Neighborhood Association under the terms provided in the agreement. RESOLUTION NO WHEREAS, the City of Birmingham (the City ) is divided into ninety-nine (99) neighborhoods and the Council of the City of Birmingham, Alabama (the Council ) provides an annual allocation of funds ( City Funding ) to the City s associated ninety-nine Neighborhood

16 MAR Associations (the Neighborhood Associations ) for capital and non-capital spending; and WHEREAS, the Neighborhood Associations are periodically called upon to provide financial support of activities and programs of private non-profit organizations such as the Birmingham Botanical Society, Inc.; and WHEREAS, the Redmont Neighborhood Association has requested to provide funding to the Birmingham Botanical Society, Inc. in the amount of Seven Thousand Two Hundred and No/100 Dollars ($7,200.00) for the purchase of books, CD s, DVD s and materials for the lobby flowers project; and WHEREAS, the Council finds that the expenditure of public funds to the Birmingham Botanical Society, Inc. for this reason is a matter of public purpose and serves the best interest of the citizens of Birmingham. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Birmingham, Alabama that the purchase of books, CD s, DVD s and materials for the lobby flowers project for the Birmingham Botanical Society, Inc. serves a public purpose, that City of Birmingham funds allocated to the Redmont Neighborhood Association in the amount of $7, for the purchase of books, CD s, DVD s and materials for the lobby flowers project, subject to the availability of funds remaining in the allocation for the Redmont Neighborhood Association. BE IT FURTHER RESOLVED by the Council of the City of Birmingham that the Mayor be and hereby is authorized to execute, for and as the act of said City, an Agreement with the Birmingham Botanical Society, Inc. for the provision of these goods and services. RESOLUTION NO WHEREAS, the City of Birmingham (the City ) is divided into ninety-nine (99) neighborhoods and the Council of the City of Birmingham, Alabama (the Council ) provides an annual allocation of funds ( City Funding ) to the City s associated ninety-nine Neighborhood Associations (the Neighborhood Associations ) for capital and non-capital spending; and WHEREAS, the Forest Park Neighborhood Association has requested the allocation of $11,571 to complete the landscaping project at the Avondale Villa; and WHEREAS, the Council finds that the expenditure of public funds on behalf of the Forest Park Neighborhood Association for this reason is a matter of public purpose and serves the best interest of the citizens of Birmingham. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Birmingham, Alabama that the expenditure of public funds to complete the landscaping project at the Avondale Villa, serves a public purpose and promotes goodwill and that the total amount of up to Eleven Thousand Five Hundred Seventy-One and No/100 Dollars ($11,571.00), may be allocated from the

17 MAR neighborhood funding allocation to the Forest Park Neighborhood Association for this purpose. RESOLUTION NO WHEREAS, the City of Birmingham (the City ) is divided into ninety-nine (99) neighborhoods and the Council of the City of Birmingham, Alabama (the Council ) provides an annual allocation of funds ( City Funding ) to the City s associated ninety-nine Neighborhood Associations (the Neighborhood Associations ) for capital and non-capital spending; and WHEREAS, the Kingston Neighborhood Association has requested the total allocation of $11, to install a walking track at Stockham Park located at th Avenue North; and WHEREAS, the Council finds that the expenditure of public funds on behalf of the Kingston Neighborhood Association for this reason is a matter of public purpose and serves the best interest of the citizens of Birmingham. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Birmingham, Alabama that the expenditure of public funds to install a walking track at Stockham Park located at th Avenue North, serves a public purpose and promotes goodwill and that the total amount of up to Eleven Thousand and No/100 Dollars ($11,000.00), may be allocated from the neighborhood funding allocation to the Kingston Neighborhood Association for this purpose. RESOLUTION NO WHEREAS, the City of Birmingham (the City ) is divided into ninety-nine (99) neighborhoods and the Council of the City of Birmingham, Alabama (the Council ) provides an annual allocation of funds ( City Funding ) to the City s associated ninety-nine Neighborhood Associations (the Neighborhood Associations ) for capital and non-capital spending; and WHEREAS, the West Goldwire Neighborhood Association has requested the allocation of $5,000 to repair the neighborhood entrance sign; and WHEREAS, the Council finds that the expenditure of public funds on behalf of the West Goldwire Neighborhood Association for this reason is a matter of public purpose and serves the best interest of the citizens of Birmingham. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Birmingham, Alabama that the expenditure of public funds to replace and install a neighborhood sign, serves a public purpose and promotes goodwill and that the total amount of up to Five Thousand and No/100 Dollars ($5,000.00), may be allocated from the neighborhood funding allocation to the West Goldwire Neighborhood Association for this purpose.

18 MAR RESOLUTION NO BE IT RESOLVED that the Council of the City of Birmingham hereby requests that the following City Council Discretionary Fund be appropriated and authorizing the Mayor to execute the contracts: Council President Pro Tem Jay Roberson *Alabama Kidney Foundation $ *UNCF $2, *Sickle Cell Foundation $2, *Birmingham Board of Education Wenonah High $1, *Boy Scouts of America $1, *YMCA Western Area Branch $1, Councilor William Parker *Birmingham Board of Education WJ Christian $1, Councilor Steven Hoyt *Valley Pearls Service Foundation $ *Sixth Avenue Baptist Boy Scouts of America $1, Councilor Marcus Lundy *Alabama Veterans Memorial Foundation $ *Creative Catering by Ambrosia $1, Councilor Kim Rafferty *Wonder Book Camp $1, *United Cerebral Palsy $ *UNCF $ *Fresh Air Family $ BE IT FURTHER RESOLVED that the services and activities of the organization listed above, as described in the referenced contracts, constitute a public purpose and serve in the best interest of the citizens of Birmingham. ADOPTED this Fourth day of March, Two Thousand and Fourteenth. RESOLUTION NO BE IT RESLOVED by the Council of the City of Birmingham that Resolution No adopted on the 31st day of December, 2013; be amended due to a clerical error in assessed owner to read as follows: WHEREAS, the Council of the City of Birmingham, Alabama, on the 6th day of March, 2007, adopted Resolution No ; and;

19 MAR WHEREAS, by said resolution the Council determined that the building or structure described in said resolution and further described herein, was unsafe to the extent that it was a public nuisance; and WHEREAS, said resolution provided that the Director of Planning, Engineering and Permits was directed to cause such building or structure to be demolished; and WHEREAS, the said building or structure has been demolished as provided by law and the costs of such demolition has been reported to the Council to be the sum of $ 3,479.40; and WHEREAS, notice has been given as required by law that on this date and time the council would consider a resolution fixing the costs and assessing said against the property described herein; NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Birmingham as follows: 1. That it is hereby ascertained by the Council that the sum of $ 3, was reasonably incurred as the costs of demolition of such unsafe building or structure. 2. That the sum of $ 3, shall be hereby fixed as a special assessment against the property hereinafter described and that such sum shall constitute a lien upon said property for the amount of such assessment and shall continue in force until paid. 3. That the name of the person or persons, firm, association or corporation last assessing the said property for state taxes, a description of such assessment for said costs is hereby determined, adjudged and fixed as follows, to wit: NAME: Bill Dawkins (Assessed Owner) Thelma R. Woodall (Apparent Owner) ADDRESS: th Avenue North LEGAL DESCRIPTION: LOT 5 BLK 8 BOYLES HIGHLANDS PB 7 PG 107 AS RECORDED IN MAP BOOK 0007, MAP PAGE 0107 IN THE OFFICE OF THE JUDGE OF PROBATE OF JEFFERSON COUNTY, ALABAMA ( ). LOT SIZE: 250' x 152' COST: $ 3, ACCT# 6672 CON RESOLUTION NO WHEREAS, the Council of the City of Birmingham, Alabama, on the 25th day of September, 2012, adopted Resolution No , and;

20 MAR WHEREAS, by said resolution the Council determined that the building or structure described in said resolution and further described herein, was unsafe to the extent that it was a public nuisance; and WHEREAS, said resolution provided that the Director of Planning, Engineering and Permits was directed to cause such building or structure to be demolished; and WHEREAS, the said building or structure has been demolished as provided by law and the costs of such demolition has been reported to the Council to be the sum of $ 3,899.40; and WHEREAS, notice has been given as required by law that on this date and time the council would consider a resolution fixing the costs and assessing said against the property described herein; NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Birmingham as follows: 1. That it is hereby ascertained by the Council that the sum of $ 3, was reasonably incurred as the costs of demolition of such unsafe building or structure. 2. That the sum of $ 3, shall be hereby fixed as a special assessment against the property hereinafter described and that such sum shall constitute a lien upon said property for the amount of such assessment and shall continue in force until paid. 3. That the name of the person or persons, firm, association or corporation last assessing the said property for state taxes, a description of such assessment for said costs is hereby determined, adjudged and fixed as follows, to wit: NAME: Donald W. Black ADDRESS: 421 Oakmont Street Sherman Heights LEGAL DESCRIPTION: LOTS 7 & 8 BLK ENSLEY LAND COS 10YH ADD TO ENSLEY AL AS RECORDED IN MAP BOOK 0005, MAP PAGE 0033 IN THE OFFICE OF THE JUDGE OF PROBATE OF JEFFERSON COUNTY, ALABAMA ( ). LOT SIZE: 100' x 150' COST: $ 3, ACCT# 6660 CON RESOLUTION NO WHEREAS, the Council of the City of Birmingham, Alabama, on the 12th day of June, 2012, adopted Resolution No ; and recorded same in the Office of the Judge of Probate of Jefferson County, Alabama on the 8th day of October, 2012 Volume , Page 2741, and;

21 MAR WHEREAS, by said resolution the Council determined that the building or structure described in said resolution and further described herein, was unsafe to the extent that it was a public nuisance; and WHEREAS, said resolution provided that the Director of Planning, Engineering and Permits was directed to cause such building or structure to be demolished; and WHEREAS, the said building or structure has been demolished as provided by law and the costs of such demolition has been reported to the Council to be the sum of $ 3,580.76; and WHEREAS, notice has been given as required by law that on this date and time the council would consider a resolution fixing the costs and assessing said against the property described herein; NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Birmingham as follows: 1. That it is hereby ascertained by the Council that the sum of $ 3, was reasonably incurred as the costs of demolition of such unsafe building or structure. 2. That the sum of $ 3, shall be hereby fixed as a special assessment against the property hereinafter described and that such sum shall constitute a lien upon said property for the amount of such assessment and shall continue in force until paid. 3. That the name of the person or persons, firm, association or corporation last assessing the said property for state taxes, a description of such assessment for said costs is hereby determined, adjudged and fixed as follows, to wit: NAME: Jesse James Byrd & Ovetta Rowe ADDRESS: 2658 Goss Street Sandridge & Storage LEGAL DESCRIPTION: LOTS 15 TO 19 BLK 14 FAIRPOINT 8/27 BHAM AS RECORDED IN MAP BOOK 1008, MAP PAGE 0027 IN THE OFFICE OF THE JUDGE OF PROBATE OF JEFFERSON COUNTY, ALABAMA ( ). LOT SIZE: 126' X 140' COST: $ 3, ACCT# 6700 PTK# : CON RESOLUTION NO WHEREAS, the Council of the City of Birmingham, Alabama, on the 20th day of November, 2012, adopted Resolution No ; and recorded same in the Office of the Judge of Probate of Jefferson County, Alabama on the 26th day of March, 2013 Volume , Page 12410, and;