Regular Meeting of the Council of the City Of

REGULAR MEETING OF THE COUNCIL

OF THE CITY OF BIRMINGHAM

AUGUST 31, 2010, at 9:30 A.M.

______

The Council of the City of Birmingham met in the Council Chambers of the City Hall of Birmingham on August 31, 2010, at 9:30 a.m., in regular meeting.

The meeting was opened with prayer by Reverend John Henry Williams, Jr., D. Min., Pastor of Greater St. John Missionary Baptist Church.

The Pledge of Allegiance was led by Council President Pro Tempore Steven Hoyt.

Present on Roll Call: Council President Royal Councilmembers Abbott Austin Hoyt Parker Rafferty Roberson Scales Smitherman

Absent: None

The minutes of July 6 and 13, 2010 were approved as submitted.

Mayor Bell announced the launching of the North Birmingham Market Day Wednesday, September 1, 2010.

Mayor Bell recognized Drew Lanlow of the United Way who spoke on a new partnership with the City of Birmingham, the Jefferson County Health Department, the local food banks and others who have received a grant relative to initiating new programs within the City of Birmingham relative to obesity and healthy eating.

Mayor Bell noted that he has instructed the Law Department to look into changing the City's implementation of business license fees for nonprofit organizations.

Mayor Bell noted that all paid holidays are still in effect for all City employees.

242 AUG 31 2010

The following resolutions and ordinances designated as Consent Agenda items were introduced by the Presiding Officer:

RESOLUTION NO. 1287-10

WHEREAS, on July 27, 2010, the Birmingham City Council at its regularly scheduled declared the property described below to be a public nuisance existing in the City of Birmingham;

WHEREAS, all proper notices were posted and delivered by certified mail to the persons, firms, associations or corporations last assessing the below described property for state taxes as required by Act No. 105 of the Third Special Session of the Alabama Legislature 1971, as amended by Act 91-192 of the Alabama Legislature, 1991; and

NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Birmingham that after having heard all protests or objections presented, the noxious or dangerous weeds located at the premises listed here in below, which were declared to be abated by the removal of said weeds by the City and the costs of such abatement shall be assessed against and shall constitute a lien on such property

1 29-06-3-18-11.000-RR; 1405 31ST ST, LOT 2 BLK 7 ENSLEY SO HGLDS

2 22-34-4-03-06.000-RR; 623 1ST ST N, N 1/2 OF S 1/2 OF LOTS 7 & 8 BLK 12 MAP OF SMITHFIED (SOUTH)

3 29-19-3-33-10.000-RR; 3641 MAPLE AVENUE SOUTHWEST, LOT 11 BLK 4 PLAT OF CENTRAL TRACT OF THE PLEASANT

5 23-21-1-23-03.000-RR; 6031 1ST AVENUE SOUTH, POB 125.5 FT SW OF SW INTER 1ST AVE S & 61ST ST S

8 23-21-1-19-17.000-RR; 12 60TH ST S, POB 100 FT NW OF NW INTER OF 1ST AVE S & 60TH S

13 22-36-3-16-01.001-RR; 100 18TH ST S, LOTS 1 THRU 4 BLK 124 BHAM 800/1

15 29-19-3-33-01.000-RR; 3601 MAPLE AVE SW, LOT 1 BLK 4 PLAT OF CENTRAL TRACT OF THE PLEASANT VALLEY LAND AND MANUFACTURING COMPANY

16 29-10-4-16-06.000-RR; 221 16TH AVE SW, LOT 6 BLK 1 GOLDWIRE ESTS

17 23-19-1-22-10.000-RR; 1118 CAHABA ST, LOT 5 BLK 46 EAST BHAM LD CO

18 23-19-4-03-08.000-RR; 1004 RICHARD ARRINGT BLV, LOT 2 & THE W 60 FT OF LOT 1 BLK 26 EAST BHAM

19 22-25-1-10-10.000-RR; 1304 29TH ST N, N 60 FT OF S 120 FT OF LOTS 7 & 8 OF BLK 673 BHAM 20 23-19-3-24-07.000-RR; 3603 NORWOOD BLV, P O B 50 FT S E OF SE INTER NORWOOD BLVD & 36TH ST N TH ELY 50 S FT ALG NORWOOD BLVD TH S 116.1 FT TH W 49 S FT TH CONTINUED AUG 31 2010 243

21 23-20-4-14-15.000-RR; 812 50TH ST N, LOT 15 BLK 5 WOODLAWN RLTY CO 1ST ADD

22 23-15-4-08-13.000-RR; 7216 3RD AVE S, LOT 5 BLK 44 EAST LAKE

23 23-11-3-15-04.000-RR; 8029 3RD AVE S, LOT 17 BLK 125 EAST LAKE EAST LAKE

24 23-15-2-24-05.000-RR; 6804 5TH TER N, LOT 19 BLK 2 WAHOUMA PARK

25 23-22-3-08-08.000-RR; 6004 5TH CT S, LOT 8 BLK 13 WOODLAWN REALTY CO 4TH ADD

26 23-19-1-22-08.000-RR; 1112 CAHABA ST, LOT 3 BLK 46 E BHAM

27 23-19-4-01-03.000-RR; 1017 CAHABA ST, LOT 9 BLK 25 EAST BHAM

28 23-19-1-20-21.000-RR; 1122 ESCAMBIA ST, LOT 7 BLK 47 EAST BHAM LD CO

29 23-19-1-20-18.000-RR; 1116 ESCAMBIA ST, LOT 4 BLK 47 EAST BHAM LD CO

30 23-19-1-15-08.000-RR; 1115 ESCAMBIA ST, POB 90 FT S NW OF INTER NE LINE ESCAMBIA ST & W LI

31 23-19-1-15-09.000-RR; 1113 ESCAMBIA ST, THAT PART LOTS 14 & 15 BLK 48 EAST BHAM LAND CO NO

32 22-26-1-29-17.000-RR; 1320 20TH ST N, P O B 185 FT S OF THE W INTER OF 14TH AVE N & 20TH ST N TH S 54 FT ALG ST TH W 125 FT TH N 54 FT TH E 125 FT TO P O B

33 22-25-2-18-13.000-RR; 2412 12TH AVE N, W 1/2 LOT 7 BLK 661 BHAM ALSO LOT D JOHN D STORRS SUB OF BLK 661 BHAM

34 22-25-2-36-02.000-RR-01; 1248 21ST PL N, LOTS 50 & 51 & 52 BLK 666 SUDDUTH REALTY COMPANYS SUB OF BLK 666 BHAM 13/75

36 22-25-2-35-02.000-RR; 1220 22ND ST N, POB 140 FT SE OF INTERSECT OF SE LINE 21ST PLACE NO & SW LINE OF 22ND ST NO TH SE 100 FT TH SW 128 FT TH S 15 FT TH CONTINUED

37 22-25-2-37-04.000-RR; 1320 22ND ST N, LOT 43 SUDDUTH REALTY COS SUB OF BLK 666 BIRMINGHAM

38 22-25-2-37-07.000-RR; 1300 22ND ST N, LOT 47 SUDDETH RLTY COS SUB OF BLK 666 BHAM

39 22-25-2-37-02.000-RR; 1326 22ND ST N, LOT 41 SUDDUTH REALTY COS SUB OF BLK 666 BHAM

40 29-19-3-9-10.000-RR; 3810 GRAY AVE SW, LOT 10 BLK 3 PARK PLACE

41 22-25-1-05-02.000-RR; 1303 29TH ST N, N 45 FT OF S 90 FT OF LOT 5 BLK 674 BHAM

244 AUG 31 2010

42 23-19-3-24-02.000-RR; 3623 NORWOOD BLV, P O B 25 FT S W OF INTER S LINE NORWOOD BLVD & NW LINE I-59 TH W 50 FT ALG NORWOOD BLVD TH S 120 FT S TO I-59 TH CONTINUED

43 29-19-3-09-07.000-RR; 3816 GRAY AVE SW, LOT 4 BLK 3 PARK PLACE

44 23-21-3-11-09.000-RR; 229 51ST ST N, LOT 5 W J LOVE SUR

46 23-03-2-11-06.000-RR; 1741 90TH ST N, PART OF BLK 2 PLEASANT VIEW HEIGHTS LYING INSIDE COUNTY COM INTERSECT N R/W 62ND AVE & W R/W 67TH ST NO TH W 500

47 13-13-3-12-03.000-RR; 709 18TH AVE NW, LOT 1-A BLK 32 RESUR OF LOTS 1 & 2 BLK 32 REDSTONE LAND & DEV COS 5TH SECT 120/44

48 29-30-2-22-09.000-RR; 3933 GRASSELLI AVE, LOT 9 BL 16 SIMON SCHARF

49 29-30-1-17-04.000-RR; 3621 GRASSELLI AVE SW, LOT 13 BL 7 TARPLEY

50 29-30-2-20-15.000-RR; 3744 GRASSELLI AVE SW, LOT 15 BL 6 TARPLEY

51 23-15-1-35-11.000-RR; 7224 1ST AVE S, LOT 6 BLK 12 EAST LAKE

55 29-19-3-15-15.000-RR; 3632 MAPLE AVE SW, LOT 16 BLK 3 PLAT OF CENTRAL TRACT OF THE PLEASANT VALLEY LAND AND MANUFACTURING COMPANY

58 23-28-2-37-04.000-RR; 4713 6TH AVE S, LOT 29 C A HAWKINS SUR TP 17 R 2 IN SW 1/4

59 29-19-3-09-06.000-RR; 3820 GRAY AVE SW, LOT 2 BLK 3 PARK PLACE

60 23-21-3-03-37.000-RR; 917 52ND WAY N, LOT 7 E S GILLETTE TO WOODLAWN

61 23-21-3-03-26.000-RR; 940 53RD ST N, S 40 FT S OF LOT 1 H D COWDEN SUR

62 23-21-3-03-41.000-RR; 221 53RD ST N, LOT 31 EX E 24 FT S Z A PARKER SUR

63 23-20-4-13-04.000-RR; 829 50TH ST N, LOT 4 BLK 6 WOODLAWN RLTY CO 1ST ADD

64 23-20-4-30-14.000-RR; 4928 2ND AVE N, LOT 13 BLK 7 WOODLAWN RLTY COS 1ST ADD

65 23-20-4-30-13.000-RR; 4920 2ND AVE N, LOT 12 BLK 7 WOODLAWN RLTY COS 1ST ADD

67 29-19-3-15-14.000-RR; 3636 MAPLE AVE SW, LOT 15 BLK 3 PLAT OF CENTRAL TRACT OF THE PLEASANT 68 23-29-4-01-20.000-RR-01; 536 47TH ST S, S 35 FT OF LOT 12 BLK 1 VESTAL HEIGHTS 6/57

74 22-23-3-01-04.000-RR; 2008 24TH AVE N, LOT 21 & 22 BLK 309 LESS THAT PART TAKEN BY FINLEY AVE

AUG 31 2010 245

75 22-23-3-01-03.000-RR; 2015 24TH CT N, NLY 75 FT OF LOTS 23 & 24 BLK 309 N BHAM

78 22-34-1-21-09.000-RR; 101 10TH ST N, W 25S FT OF N 60S FT OF LOT 8 BLK 20 SMITHFIELD (NORTH)

79 22-34-4-28-12.000-RR; 112 4TH AVE N, LOT 12 BLK 16 MAP OF SMITHFIELD (SOUTH)

80 29-19-3-15-16.000-RR; 3628 MAPLE AVE SW, LOT 17 BLK 3 PLAT OF CENTRAL TRACT OF THE PLEASANT LOT 17 BLK 3 PLAT OF CENTRALTRACT OF THE PLEASANT VALLEY LAND AND MANUFACTURING COMPANY

81 22-34-4-32-04.000-RR; 115 4TH AVE N, LOT 5 BLK 17 MAP OF (SOUTH) SMITHFIELD

82 23-28-3-02-111.000-RR; 826 47TH WAY S, LOT 9 BLK 4 J R PHILLIPS SUR

84 23-28-3-02-109.000-RR; 825 47TH PL S, LOT 7 BLK 4 J R PHILLIPS

87 23-20-3-12-07.000-RR; 841 42ND PL N, LOT 8 BLK 7 KINGSTON

89 23-20-2-15-05.000-RR; 1023 42ND PL N, LOT 6 BLK 7 NO KINGSTON

90 23-03-1-15-09.000-RR; 9330 13TH AVE N, LOT 17+18+19 BLK 3 AIRPORT ESTS 2ND ADD

91 23-03-1-15-08.000-RR; 9328 13TH AVE N, LOT 20 BLK 3 AIRPORT ESTS 2ND ADD

92 23-03-1-15-07.000-RR; 9316 13TH AVE N, LOTS 21 & 22 BLK 3 AIRPORT ESTS 2ND ADD

94 22-31-3-43-05.000-RR; 2117 AVENUE I, LOTS 9+10 BLK 21-I ENSLEY LD CO 5TH ADD ENSLEY

95 23-21-1-23-02.000-RR; 6035 1ST AVENUE SOUTH, SW 50.5 FT LOTS 1 & 2 & ALL OF LOTS 3 HOPSON PLACE

96 23-20-2-09-02.000-RR; 4301 12TH AVE N, LOT 2 BLK 5 KING LD & IMP CO RESUR OF BLKS 1 & 2 & LOTS 1 TO 3 & 10 TO 12 BLK 3 & LOTS 1 TO 3 BLK 5 KING LD & IMP CO

98 22-34-4-28-13.000-RR; 116 4TH AVE N, LOTS 13 & 14 BLK 16 MAP OF (SOUTH) SMITHFIELD

99 22-34-4-28-14.000-RR; 126 4TH AVE N, LOTS 15 & 16 BLK 16 (SOUTH) SITHFIELD DR JOSEPH R SMITHS ADD TO BHAM 100 22-35-3-24-09.000-RR; 318 4TH CT N, LOT 14 BLK 30 MAP OF (SOUTH) SMITHFIELD

101 22-35-3-39-03.000-RR; 324 3RD AVE N, LOT 15 BLK 32 (SOUTH) SMITHFIELD

102 22-35-3-44-07.000-RR; 636 2ND AVE N, LOTS 14 THRU 20 BLK 353 BHAM

103 22-35-3-44-06.000-RR; 624 2ND AVE N, LOTS 11 THRU 13 BLK 353 BHAM 246 AUG 31 2010

104 29-32-1-13-02.000-RR; 2592 GOSS ST, LOT 4 BLK 3 8/27 FAIRPOINT AND THAT PART OF V

105 29-32-1-13-03.000-RR; 2594 GOSS ST, LOTS 5 & 6 & 7 BLK 3 OF THE FAIRPOINT SUB AS RECORDED IN PLAT BOOK 8 PAGE 27 & THAT PART OF R/W LYING NW OF SD CONTINUED

106 29-32-1-08-13.000-RR; 2595 GOSS ST, LOTS 48 & 49 BLK 4 FAIRPOINT LESS PT FOR GOSS ST R/W

107 23-03-1-15-10.000-RR; 9332 13TH AVE N, LOTS 15 & 16 BLK 3 AIRPORT ESTS 2ND ADD

109 22-13-4-10-05.000-RR; 3213 31ST PL N, LOT 3 BLK 6 WAGENSLERS ADD TO NORTH BHAM

110 23-08-3-30-01.000-RR; 4233 43RD AVE N, LOT 18 BLK 4 MTN PARK RESUR

112 23-11-4-07-05.000-RR; 620 84TH ST S, LOT 19 BLK 55 SO HGLDS OF EAST LAKE

113 23-11-4-05-07.000-RR; 705 84TH ST S, LOT 2 BLK 169 SO HGLDS OF EAST LAKE 2ND ADD

114 23-11-1-27-15.000-RR; 8400 5TH AVE S, LOT 1 BLK 166 EAST LAKE

115 23-15-4-09-16.000-RR; 7230 2ND AVE S, LOT 9 BLK 3 EAST LAKE

116 23-15-1-22-12.000-RR; 7414 2ND AVE S, LOT 4 BLK 5 EAST LAKE

117 23-15-1-28-17.000-RR; 7332 DIVISION AVE, LOT 9 BLK 18 EAST LAKE

118 23-15-3-12-15.000-RR; 6828 DIVISION AVE, LOT 8 BLK 1-A EAST WOODLAWN

119 29-29-4-01-07.000-RR; 1012 CORAL ST, LOTS 6+7 BLK 1 WEBBTOWN

120 29-29-4-01-08.000-RR; 1016 CORAL ST, LOT 8 BL 1 WEBBTOWN

121 29-32-1-13-01.000-RR; 2590 GOSS ST, BEG S COR LOT 3 BL 3 FAIRPOINT TH N ALG W ROW AL

122 23-22-2-25-10.000-RR; 6227 GEORGIA RD, P O B 739.5S FT SW LY OF W INTER 64TH PL S & GEORGIA RD H W 50S FT ALG GEORGIA RD TH SE 40S FT TO SO RAILWAY SYSTEM CONTINUED

123 23-22-2-25-09.000-RR; 6229 GEORGIA RD, P O B 689.5S FT SW LY OF W INTER 64TH PL S & GEORGIA RD TH W 50S FT ALG GEORGIA RD TH SE 40S FT TO SO RAILWAY SYSTEM CONTINUED

124 23-22-2-25-08.000-RR; 6231 GEORGIA RD, LOT 3 GRAHLS ADD TO WOODLAWN

125 23-22-2-25-07.000-RR; 6233 GEORGIA RD, LOT 2 GRAHLS ADD TO WOODLAWN

126 23-22-3-10-21.000-RR; 536 63RD ST S, LOT 30 BLK 8 OAK RIDGE PARK AUG 31 2010 247

127 23-22-3-11-12.000-RR; 583 63RD ST S, LOT 13 BLK 7 OAK RIDGE PARK

128 23-08-3-12-02.000-RR; 4107 46TH AVE N, LOTS 2 & 6 FIDELITY MORTGAGE & BOND COS ADD TO INGLE TERRACE 18/75

129 23-22-3-24-04.000-RR; 613 63RD ST S, LOT 4 BLK 10 OAK RIDGE PARK

130 23-22-3-24-12.000-RR; 624 64TH ST S, LOT 15 BLK 10 OAK RIDGE PARK

132 23-15-1-11-15.000-RR; 110 76TH ST S, S 1/2 OF LOTS 10 THRU 12 BLK 6 EAST LAKE

133 23-15-1-35-05.000-RR; 7223 DIVISION AVE, SW 30 FT OF LOT 13 BLK 12 EAST LAKE

134 23-22-3-24-17.000-RR; 608 64TH ST S, LOT 22 BLK 10 OAK RIDGE PARK

135 23-22-3-12-10.000-RR; NEXT TO 579 64TH ST S, LOTS 17 & 18 BLK 6 OAK RIDGE PARK PB 5 PG 122

137 23-22-3-12-09.000-RR; 579 64TH ST S, LOTS 15 & 16 BLK 6 OAK RIDGE PARK

138 23-03-1-14-03.000-RR; 9337 13TH AVE N, LOT 22 BLK 2 AIRPORT ESTS 2ND ADD

139 23-03-1-14-04.000-RR-01; 9329 13TH AVE N, LOT 19+20+21 BLK 2 AIRPORT ESTS 2ND ADD LESS & EXC PT TO ROW

140 23-03-1-14-05.000-RR; 9321 13TH AVE N, LOT 18 BLK 2 AIRPORT ESTS 2ND ADD

141 23-03-1-14-06.000-RR; 9317 13TH AVE N, LOT 16 & 17 BLK 2 AIRPORT ESTS 2ND ADD

142 23-03-2-09-18.000-RR; 9005 17TH AVE N, LOT 24 BLK 1 HOOVERS RESUR BLKS 1-3-4-5 PLEASANT VIEW HTS PLUS A TRACT BEG AT NW COR SD LOT 24 TH W 210 FT TH S 208.7 CONTINUED

143 23-03-2-12-13.000-RR; 1629 90TH PL N, LOT 3 4 & 5 BLK 4 HOOVERS RESUR OF BLKS 1-3-4 & 5 PLEASANT VIEW HGHTS

144 23-03-2-07-51.000-RR; 1400 90TH PL N, LOT 9 BLK 2 NORTH VIEW GARDENS SUR

145 23-03-2-07-67.000-RR; 1400 91ST ST N, LOT 18 BLK 3 AIRPORT ESTS 3RD ADD

146 29-09-4-14-03.000-RR; 1109 16TH ST SW, LOT 445 BLK 19 CLEVELAND

147 29-09-3-08-17.000-RR; 1228 16TH WAY SW, LOT 6 BLK 2 BEVERLY PLACE

148 29-09-3-08-10.000-RR; 1209 17TH ST SW, LOT 9 BLK 2 BEVERLY PLACE

149 29-09-3-08-07.000-RR; 1669 ALAMEDA AVE, LOT 13 BLK 2 BEVERLY PLACE

151 22-30-4-50-11.002-RR; 900 AVENUE F, LOTS 31 & 32 BLK 9-E ENSLEY LAND COS 3RD ADD 4/44 248 AUG 31 2010

152 29-09-3-08-18.000-RR; 1224 16TH WAY SW, LOT 5 BLK 2 BEVERLY PLACE

153 29-09-3-09-13.000-RR; 1200 17TH ST SW, LOTS 2 & 3 BLK 3 BEVERLY PLACE

154 29-16-2-06-27.000-RR; 1362 17TH WAY SW, LOT 6 BLK 4 WEST END ESTS

155 23-32-3-09-03.000-RR; 3211 CLIFF RD, BEG AT INTER S R/W CLIFF RD & E R/W 32ND ST TH E 100 FT TH SE 129.9 SW 100 N 121 TO POB BEING PT LOT 5 & 6 BLK 864 CONTINUED

157 23-15-4-25-15.000-RR; 7020 3RD AVE S, LOT 6 BLK 24 EAST LAKE

158 23-14-2-18-09.000-RR; 7711 1ST AVE S, LOT 34 BLK 93 EAST LAKE

161 22-25-2-26-02.000-RR; 2211 15TH AVE N, LOT 5 BLK 3 WALNUT HILL

164 29-06-2-30-07.000-RR; 2722 AVENUE J, LOTS 13 & 14 BLK 27-I ENSLEY 5TH ADD

165 22-30-4-44-15.000-RR; 612 9TH ST, THE S 32.5 FT OF LOTS 15 &16 & W 19.2 FT OF S 32.5

166 22-30-4-44-14.000-RR; 608 9TH ST, TH N 32.5 FT OF S 65 FT OF LOTS 15 & 16 & W 19.2 F

167 22-19-3-01-67.000-RR; 100 FAIRFAX AVE, LOT 1 OF A RESUR OF LOTS 34 THRU 40 BLK B L P SPIVEY 128/87

168 23-22-3-11-19.000-RR; 568 64TH ST S, LOT 21 & S 1/2 LOT 22 BLK 7 OAK RIDGE PARK

170 22-30-4-36-01.000-RR; 632 AVENUE F, LOTS 1 & 2 BLK 6-E ENSLEY LD COS 5TH ADD TO ENSLEY

171 30-02-2-03-21.000-RR; 4935 7TH AVE, LOTS 5 THRU 7 BLK 3 OAKMONT SUR

172 30-02-2-03-22.000-RR; 4941 7TH AVE, LOTS 1 THRU 4 BLK 3 OAKMONT SURVEY

173 21-35-3-06-11.000-RR; 316 LEXINGTON ST, LOT 11 BLK 11 HOBSON

174 21-35-4-00-13.000-RR; 417 LEXINGTON ST, P O B 150 FT S N OF THE N E INTER OF 5TH AVE & LEXINGTON ST TH N 50 FT ALG ST TH E 190 FT TH S 50 FT TH W 190 FT TO

176 22-31-4-07-12.000-RR; 1216 14TH ST, SE 36.5 FT LOTS 15 & 16 BLK 13-L ENSLEY

179 12-30-4-09-15.000-RR; 840 HAGWOOD RD, LOT 10 BLK 2 EDGE-O-TOWN ESTATES

180 23-22-3-11-20.000-RR; 562 64TH ST S, N 1/2 OF LOT 22 & ALL OF LOT 23 BLK 7 OAK RIDGE PARK

181 30-01-1-18-07.001-RR; 2922 AVENUE D, LOT 7 BLK 7 ENSLEY DEV CO PB 5 PG 31 AUG 31 2010 249

182 30-01-1-18-10.000-RR; 2902 AVENUE D, LOT 12 BLK 7 EX SW 7-1/2 FT ENSLEY DEVELOPMENT C

183 30-01-1-20-06.000-RR; 2722 AVENUE F, LOT 7 BLK 27-E ENSLEY 1ST ADD

184 30-01-1-20-10.000-RR; 2704 AVENUE F, LOT 11 BLK 27-E ENSLEY 1ST ADD

185 22-31-1-41-18.000-RR; 1308 AVENUE I, LOTS 27 & 28 BLK 13-H ENSLEY LD COS 2ND ADD TO ENSLEY

187 22-31-1-41-17.000-RR; 1310 AVENUE I, LOT 26 BLK 13-H ENSLEY LD COS 2ND ADD TO ENSLEY

193 22-31-1-30-01.000-RR; 1200 AVENUE I, LOTS 10 & 11 BLK 12-H ENSLEY LD COS 2ND ADD TO E

196 23-15-3-15-07.000-RR; 6709 2ND AVE S, LOT 20 BLK 4-B EAST WOODLAWN

198 22-23-4-34-06.000-RR; 1607 HUNTSVILLE RD, P O B 360 S FT SW OF S INTER 17TH AVE N & HUNTSVILLE RD TH SW LY 43 S FT ALG HUNTSVILLE RD TH E 278 FT S TO 21ST PL N

199 23-20-1-08-15.000-RR; 4728 13TH AVE N, LOT 8 BLK 6 WHALEYS ADD TO BHAM LESS PT IN I-59 R/W

200 23-20-1-10-08.000-RR; 4729 13TH AVE N, LOT 23 BLK 3 WHALEYS ADD TO BHAM

204 30-02-1-14-03.001-RR; 4214 6TH CT, POB 173.3 FTS W OF NW INTER OF FRISCO ST AND 6TH COURT TH W 82.2 FT ALG 6TH COURT TH NE 92.4 FT ALG AVENUE TH S 42.3 CONTINUED

205 30-01-2-13-04.000-RR; 709 CAMBRIDGE ST, LOTS 17 & 18 BLK 14 ENSLEY CO 2ND ADD

206 29-19-3-12-19.000-RR; 3716 LAUREL AVE SW, LOT 41 BLK 2 TREVELLICK

207 22-20-3-15-03.000-RR; 601 DUGAN AVE, POB 320S FT S OF SE INTER LAFAYETTE ST & DUGAN AVE

208 22-20-3-15-02.000-RR; 611 DUGAN AVE, POB 190 FT S OF INTER OF S/L LAFAYETTE ST & E/L DU

209 22-20-3-14-15.001-RR; 605 LACEY RD, LOT 6 & S 1/2 OF LOT 7 BLK 1 IDENE KEY SANDERS 2ND RESUR 30/78

210 29-09-4-17-04.000-RR; 1629 ALAMEDA AVE, NW 125 FT OF LOT 20 DE JARNETTE SUR 50 X 125 FT

211 29-08-1-34-23.000-RR; 537 19TH ST SW, S 1/2 LOT 6 & N 1/2 LOT 7 BLK 4 RUSSELL HIGH SCHOOL ADD TO WEST END

212 29-09-3-19-49.000-RR; 1412 17TH PL SW, LOT 4 BLK 10 BEVERLY PLACE

213 29-09-3-20-14.000-RR; 1413 17TH PL SW, LOT 21 BLK 8 BEVERLY PL

250 AUG 31 2010

214 22-30-4-05-01.000-RR; 329 5TH ST, LOT 1 BLK 3 ENSLEY LD CO ADD TO PRATT CITY

215 22-30-4-45-12.000-RR; 802 AVENUE F, LOTS 31+32 BLK 8-E ENSLEY LD COS 3RD ADD TO ENSLEY

216 29-11-3-12-18.000-RR; 10 GREEN SPRINGS AVE S, LOT C HONEYSUCKLE HILLS RESUR OF PT OF BLK 2

218 21-36-1-10-05.000-RR; 312 OAKMONT ST, LOT 7 BLK 17-1 SHERMAN HEIGHTS

220 30-01-2-10-01.000-RR; 3801 7TH AVE, LOT 1 BLK 5 BAILEY & CUMMINGS RESUR BLK 1-5-6 & PT 2 & 3 TENN LD COS 1ST ADD TO WYLAM

221 22-32-3-17-01.000-RR; 1601 AVENUE S, LOT 25 BLK 15 TUXEDO PARK

227 29-19-3-12-20.000-RR; 3712 LAUREL AVE SW, LOT 40 BLK 2 TREVELLICK

229 29-19-2-09-11.000-RR; 3708 JEFFERSON AVE SW, LOT 11 & 13 BLK 6 PARK PLACE

230 21-36-2-05-04.001-RR; 2816 JACKSON ST, LOT 5 BLK A JAKE JACKSON SUR 4/85

231 29-19-2-10-02.000-RR; 3709 JEFFERSON AVE SW, LOT 1 BLK 14 PARK PLACE SEC 19 TP 18 R 3

232 21-36-3-07-03.000-RR; 2720 SLAYDEN AVENUE, LOTS 7 & 8 BLK C JOHNSON CITY

233 23-10-1-14-19.000-RR; 8224 5TH AVE N, LOTS 7 & 8 BLK 14-E 1ST ADD TO EAST LAKE

235 22-24-4-08-20.000-RR; 3226 NORWOOD BLV, P O B S INTER ALLEY & NORWOOD BLVD TH SW 105 FT ALG NORWOOD BLVD TH NW 92.7 FT TH NE 26 FT TO ALLEY TH SE 123 FT TO CONTINUED

236 23-10-1-11-04.000-RR; 8329 5TH AVE N, LOT 15 BLK 15-D EAST LAKE

237 23-10-4-02-05.000-RR; 8037 5TH AVE N, LOT 17 BLK 12-D EAST LAKE

238 21-36-1-18-02.000-RR; 2012 SLAYDEN AVE, LOT 4 BLK 20-1 SHERMAN HEIGHTS

239 29-06-2-33-01.000-RR; 2822 AVENUE H, LOT 7 BLK 28-G ENSLEY 8TH ADD

240 23-21-4-12-05.000-RR; 5416 5TH CT S, SELY 125 FT OF LOT 15 BLK 12 MONTGOMERY & PARK

241 23-21-4-21-11.000-RR; 5330 5TH TERR S, LOTS 12 THRU 14 MEADE BLK 15 MONTGOMERY & PARKS LE 242 22-34-4-04-04.000-RR; 17 8TH AVE N, W 1/2 OF LOT 4 BLK 11 MAP OF (SOUTH) SMITHFIELD

243 22-34-4-04-05.000-RR; 15 REVEREND ABRAHAM WOODS JR BLVD, LOTS 5 & 6 BLK 11 MAP OF SMITHFIELD (SOUTH) AUG 31 2010 251

244 22-34-4-04-10.000-RR; 617 CENTER ST N, S 50 FT LOTS 7 & 8 BLK 11 MAP OF SMITHFIELD (S)

245 22-34-4-04-25.000-RR; 618 1ST ST N, N 25 FT OF S 65 FT OF LOTS 1 & 2 BLK 11 MAP OF SMITHFIELD

246 29-03-1-27-01.000-RR; 17 CENTER PL N, LOT 1 BLK 3 WALKER LAND CO'S ADD TO ELYTON

247 29-03-1-27-02.000-RR; 15 CENTER PL N, LOT 2 BLK 3 WALKER LAND COS ADD TO ELYTON

248 29-03-1-27-03.000-RR; 13 CENTER PL S, LOT 3 BLK 3 WALKER LAND CO ADD TO ELYTON

249 29-03-1-27-05.000-RR; 5 CENTER PL N, LOT 5 BLK 3 WALKER LAND COS ADD TO ELYTON

250 29-03-1-27-06.000-RR; 1 CENTER PL N, LOT 6 BLK 3 WALKER LAND COS ADD TO ELYTON 251 29-03-1-26-01.000-RR; 37 MORRIS AVE, LOTS 11 & 12 BLK 1 WALKER LAND COS ADD TO ELYTON

252 22-34-2-10-06.000-RR; 330 10TH AVE W, LOTS 9 & 10 BLK 58 MAP OF SMITHFIELD (NORTH)

254 23-10-4-16-02.000-RR; 7729 5TH AVE N, NW 140 FT OF LOT 9 BLK 9-D EAST LAKE 1/217

255 23-10-4-15-06.000-RR; 7701 6TH AVE N, LOT 11 BLK 9-E EAST LAKE

256 23-10-4-14-02.000-RR; 7704 6TH AVE N, LOT 2 L W COXS RESUB OF LOTS 1 TO 4 BLK 9-F EAST LAKE

257 23-10-4-14-03.000-RR; 7706 6TH AVE N, LOT 3 L W COXS RESURVEY OF LOTS 1 THUR 4 BLK 9-F EAST

258 29-07-3-21-14.000-RR; 5004 TERRACE M, LOTS 7 & 8 BLK 7 IVANHOE

259 23-20-1-16-14.000-RR; 4800 RICHARD ARRINGTON BLVD N, P O B NE INTER OF 10TH AVE N & 48TH ST N TH N 143S FT ALG ST TH E 93S FT TH S 143S FT TO 10TH AVE N TH W 93S FT ALG AVE

260 13-35-1-07-42.000-RR; 252 GLYNN DR, LOT 19 BLK 2 CLOVERDALE ESTS

261 13-36-1-01-06.000-RR; 909 PARK PL, LOT 11 BLK 1 ROEBUCK PARK

264 22-24-3-23-12.000-RR; 2612 17TH AVE N, LOT 13 W S COOPER ADD TO NORWOOD

266 22-29-2-024-016.003-RR; 221 AVENUE X, LOT 4 SANDY WILLIAMS 31/45

267 29-30-3-12-6.000-RR; 4024 WENONAH RD SW, LOT 2 BLK 11 WENONAH SUB PLAT B

252 AUG 31 2010

269 22-34-3-22-14.000-RR; 444 5TH PL W, LOT 3 BLK 15 1ST ADDITION TO EARLE PL

270 22-34-3-21-03.000-RR; 625 GRAYMONT AVENUE W, EARLE PLACE 1ST ADD BLOCK: 14 LOT 8&9

271 22-29-3-28-05.000-RR; 709 6TH WAY, LOT 4 BLK 29 ENSLEY LD COS ADD TO PRATT CITY 4/77

272 29-19-3-02-01.000-RR; 3613 HEMLOCK AVE SW, POB INTER OF THE S LINE OF HEMLOCK AVE SW & T

273 29-19-3-02-02.000-RR; 3617 HEMLOCK AVE SW, LOT 4 BLK 1 PLAT OF CENTRAL TRACT OF THE PLEASANT

274 29-19-4-06-05.000-RR; 3525 HICKORY AVE SW, LOTS 6 THRU 8 BLK 6 CENTRAL TRACT OF PLEASANT VALLEY LAND & MFG CO

275 29-19-1-21-16.000-RR; 3212 BEECH AVE SW, LOT 21 BLK 2 ROSEMONT

276 29-19-4-12-14.000-RR; 3508 MAPLE AVENUE SW, LOT 14 BLK 7 CENTRAL TRACT OF PLEASANT VALLEY LAND

277 29-19-4-12-15.000-RR; 3504 MAPLE AVE SW, LOT 15 BLK 7 CENTRAL TRACT OF PLEASANT VALLEY LAND & MFG CO

278 29-19-4-12-16.000-RR; 3500 MAPLE AVE SW, LOT 16 BLK 7 CENTRAL TRACT OF PLEASANT VALLEY LAND & MFG CO

279 29-19-4-14-14.000-RR; 3108 34TH STREET SW, LOT 16 BLK 12 CENTRAL TRACT OF PLEASANT VALLEY LAND & MFG CO LESS RR ROW

280 29-19-4-14-13.000-RR; 3404 OAK AVE SW, LOT 15 BLK 12 CENTRAL TRACT OF PLEASANT VALLEY LAND AND MFG CO LESS RR ROW POB INTER OF NW

281 29-30-2-16-09.000-RR; 4232 GEORGE AVE SW, LOT 9 BL 14 BEARDENDALE ADD

282 29-30-2-16-12.000-RR; 4216 GEORGE AVE SW, LOT 12 BL 14 BEARDENDALE ADD

283 22-29-3-27-15.000-RR; 720 6TH WAY, LOT 12 EXCEPT N 46 FT BLK 24 ENSLEY LAND CO ADD TO PRATT CITY

284 22-29-3-26-15.000-RR; 828 6TH WAY, LOT 16 BLK 25 ENSLEY LAND CO ADD TO PRATT CITY

285 22-29-3-25-11.000-RR; 900 6TH WAY, LOTS 11 & 12 BLK 26 ENSLEY LD CO ADD TO PRATT CITY

286 22-29-3-30-06.000-RR; 917 6TH WAY, LOT 6 BLK 27 ENSLEY LAND CO ADD TO PRATT CITY

287 22-29-3-25-17.000-RR; 930 6TH WAY, LOT 18 BLK 26 ENSLEY LD CO ADD TO PRATT CITY AUG 31 2010 253

288 22-29-3-14-09.000-RR; 636 AVENUE W, LOT 11 BLK A FOLEYS ADD TO PRATT CITY

289 22-29-3-24-01.000-RR; 824 6TH PL, LOTS 1 & 2 & 13 & 14 JOHN RUTLEDGE SURVEY

290 22-29-3-26-03.000-RR; 813 6TH PL, LOT 5 BLK 25 ENSLEY LAND CO ADD TO PRATT CITY

291 22-29-3-21-03.000-RR; 620 AVENUE T, S 1/2 LOT 12 BLK 2 HOWELL & MCCARY

292 22-29-3-20-05.000-RR; 617 AVENUE T, LOT 5 BLK 1 HOWELL AND MCCARY SUR

293 23-10-3-16-13.000-RR; 4504 74TH ST N, LOTS 47 & 48 BLK 6 TROTWOOD PARK

294 29-19-1-02-20.000-RR; 3320 ELLIS AVE SW, SW 77 FT OF LOT 1 BLK 1 1ST ADD TO BELLE HAVEN

295 29-17-3-17-14.000-RR; 2800 DAWSON AVE SW, LOT 16 BLK 3 ORIGINAL TRACT OF PLEASANT VALLEY LAND & MFG CO

296 23-10-1-25-09.000-RR; 8040 5TH AVE N, LOT 11 BLK 12-E EAST LAKE

297 29-08-1-20-10.000-RR; 1888 ST CHARLES AVE SW, LOT 2 BLK 1 RUSSELLS ADD TO OAKWOOD PLACE

298 12-31-2-11-05.000-RR; 817 MARTINWOOD LN, LOT 14 BLK 1 WILLIAMS 1ST ADD TO HUFFMAN

300 29-19-1-08-09.000-RR; 3452 ELLIS AVE SW, LOT 7 BLK 5 PARKVIEW

301 29-19-1-08-07.000-RR; 3460 ELLIS AVENUE SW, LOT 9 BLK 5 PARKVIEW

302 29-17-3-08-02.000-RR; 2413 MAYFIELD AVE SW, LOTS 3 & 4 BLK 1 OAKVALE

304 29-30-2-14-23.000-RR; 3904 HOWARD AVE, LOT 23 BL 4 TARPLEY

305 29-30-2-13-13.000-RR; 3736 HOWARD AVE, LOT 17 BL 3 TARPLEY

306 29-30-2-13-12.000-RR; 3744 HOWARD AVE, LOTS 15 & 16 BL 3 TARPLEY

307 29-17-4-06-57.000-RR; 1628 19TH PL SW, LOT 1 BLK 3 WEST END HILLS

308 23-10-1-25-10.000-RR; 8044 5TH AV N, LOT 12 BLK 12-E EAST LAKE

309 29-08-1-22-07.000-RR; 1925 ST CHARLES AVE SW, LOT 7 BLK 3 OAKWOOD EST

310 29-08-1-21-12.000-RR; 1932 ST CHARLES AVE SW, LOT 12 BLK 4 OAKWOOD ESTATES

311 29-08-1-14-20.000-RR; 1900 FULTON AVE SW, LOT 20 BLK 6 OAKWOOD ESTATES 28/48

254 AUG 31 2010

312 29-08-1-16-01.000-RR; 1901 FULTON AVE SW, LOT 1 BLK 5 OAKWOOD ESTS

313 23-10-4-03-04.000-RR; 8009 6TH AVE N, LOT 24 BLK 12-E EAST LAKE LD COS 1ST ADD TO EAST LAKE

314 29-08-1-16-05.000-RR; 1917 FULTON AVE SW, LOT 5 BLK 5 OAKWOOD ESTATES

315 29-08-1-14-15.000-RR; 1920 FULTON AVE SW, LOT 15 BLK 6 OAKWOOD ESTATES

316 29-08-1-14-13.000-RR; 1928 FULTON AVE SW, LOT 13 BLK 6 OAKWOOD ESTATES

317 29-08-1-19-13.000-RR; 1844 ST CHARLES AVE SW, LOT 1 BLK 1 OAKWOOD PLACE

318 29-08-1-20-19.000-RR; 1850 ST CHARLES AVE, LOTS 11 & 12 BLK 1 RUSSELLS ADD TO OAKWOOD PLACE

319 29-08-1-21-19.000-RR; 1904 ST CHARLES AVE SW, LOT 19 BLK 4 OAKWOOD ESTS

320 29-08-1-22-04.000-RR; 1913 ST CHARLES AVE SW, LOT 4 BLK 3 OAKWOOD ESTATES

321 29-08-1-23-18.000-RR; 1868 PRINCETON CT SW, LOT 18 BLK 2 RUSSELLS ADD TO OAKWOOD PLACE

322 23-10-1-23-11.000-RR; 8107 6TH AVE N, LOT 27 BLK 13-E EAST LAKE

323 29-16-2-10-01.000-RR; 1600 16TH WAY SW, LOT 31 SUNNYBROOK 1ST ADD 55/90

324 22-31-4-37-11.000-RR; 1601 19TH ST, LOTS 6+7 BLK 5 FINNEY ET-AL ADD TO ENSLEY

325 29-08-1-23-19.000-RR; 1864 PRINCETON CT SW, LOTS 16 & 17 BLK 2 RUSSELLS ADD TO OAKWOOD PL

326 29-17-2-06-22.000-RR; 720 30TH ST SW, LOT 7 BLK 3 HYDE PARK

327 29-17-2-07-03.000-RR; 713 30TH ST SW, LOT 24 BLK 4 HYDE PARK

328 29-05-1-20-27.000-RR; 2916 31ST ST W, P O B 186.4 FT W OF THE N INTER OF W 31ST ST & FAYETTE AVE TH W 50 FT ALG W 31ST ST TH N 189.7 FT TH E 45.6 FT TO CONTINUED

329 29-05-1-36-05.000-RR; 2909 31ST ST W, LOT 17 BLK 4 MID BHAM

330 29-05-1-36-13.000-RR; 2809 31ST ST W, LOT 7 BLK 51 BHAM-ENSLEY

332 22-31-3-25-04.000-RR; 706 20TH ST, LOTS 13 THRU 18 BLK 19-G ENSLEY

333 29-19-3-29-11.000-RR; 3808 PARK AVE SW, LOT 6 BLK 24 PARK PLACE

AUG 31 2010 255

334 30-25-4-8-5.000-RR; 920 AIRVIEW ST, LOT 4 BL 5 HILLMAN ESTATES 1ST SECTOR

335 29-06-2-24-11.000-RR; 2610 AVENUE H, SW 1/2 OF LOT 10 BLK 26-G ENSLEY 1ST ADD

336 29-06-2-24-13.000-RR; Next to 2600 AVENUE H, LOT 11 BLK 26-G ENSLEY 1ST ADD PB 4 PG 8 337 22-29-2-24-17.000-RR; 225 AVENUE X, LOT 5 SANDY WILLIAMS SUR

338 29-06-2-31-03.000-RR; 2711 AVENUE H, LOT 3 BLK 27-H ENSLEY 1ST ADD

339 29-06-2-12-13.000-RR; 2400 AVENUE H, LOT 12 BLK 24-G ENSLEY 1ST ADD

340 29-06-2-07-05.000-RR; 2323 AVENUE H, LOT 6 BLK 23-H ENSLEY 1ST ADD

341 23-22-3-09-02.000-RR; 6026 5TH CT S, LOT 15 & PART OF LOT 16 BLK 12 WOODLAWN REALTY COS 4TH ADD DESC AS FOLS-BEG SE COR LOT 15 TH N 94 FT TH SELY 25.5 FT TH CONTINUED

342 22-34-4-04-03.000-RR; 19 8TH AVE N, E 1/2 LOT 4 BLK 11 MAP OF (SOUTH) SMITHFIELD

343 22-34-4-04-06.000-RR; 7 REVEREND ABRAHAM WOODS JR BLVD, E 1/2 OF N 100 FT LOT 7 BLK 11 MAP OF SMITHFIELD (SOUTH)

344 22-34-4-04-07.000-RR; 5 REVEREND ABRAHAM WOODS JR BLVD, TH W 1/2 TH N 100 FT LOT 7 BLK 11 MAP OF (SOUTH) SMITHFIELD SMITHS ADD TO BHAM TAX B 345 30-26-3-08-27.000-RR; 5605 SUGAR RAY DR, LOT 12 BL 32 EAST ADD TO ROOSEVELT

346 30-26-3-08-29.000-RR; 5613 SUGAR RAY DR, LOT 14 BL 32 EAST ADD TO ROOSEVELT

347 30-26-3-19-06.000-RR; 5937 JESSE OWENS AVENUE, LOT 2 BL 28 EAST ADD TO ROOSEVELT

348 30-35-2-13-01.000-RR; 6001 PRATT ST, LOT 16 BL 25 BREWER PLACE

350 30-25-2-04-04.000-RR; 5117 JENKINS ST, LOT 2 BL 3 W L HARPERS 1ST ADD

351 29-03-1-26-02.000-RR; 33 MORRIS AVE, NE 34.7 FT OF LOT 10 BLK 10 WALKER LAND COS ADD TO ELYTON

352 29-03-1-26-03.000-RR; 29 MORRIS AVE, SW 17.3 FT OF LOT 10 & NE 17.3 FT OF LOT 9 BLK 1

353 29-03-1-26-04.000-RR; 27 MORRIS AVE, SW 34.7 FT OF LOT 9 BLK 1 WALKER LAND COS

354 29-03-1-21-19.000-RR; 134 MORRIS AVE, W 1/2 LOT 20 & E 1/2 LOT 22 OF J O BANKS SUR

355 22-34-1-19-06.000-RR; 26 9TH CT W, LOT 10 BLK 37 SMITHFIELD (NORTH)

256 AUG 31 2010

356 29-03-1-18-17.000-RR; 100 2ND ST N, LOT 16 J O BANKS SUR

357 30-01-1-49-07.000-RR; 3214 AVENUE F, LOT 9 BLK 32-E ENSLEY 15TH ADD

358 23-27-1-02-02.000-RR-04; 7001 CRESTWOOD BLVD, LOT 1-C EASTWOOD FESTIVAL CENTRE PB 178 PG 88

360 30-01-4-04-01.000-RR; 3219 AVENUE F, LOT 5 BLK 32-F ENSLEY LAND CO 15TH ADD TO ENSLEY

361 30-01-1-48-04.000-RR; 3113 AVENUE F, LOT 4 BLK 31-F ENSLEY 15TH ADD

362 23-21-1-22-02.000-RR; 101 61ST ST S, LOT 18 HOPSON PL

363 23-27-1-02-11.000-RR; 1524 CRESTHILL RD, LOT 6 BLK 6 CRESTVIEW HILLS 4TH ADD TO E 25 FT VACATED RR DIRECTLY BEHIND LOT 6

364 22-36-1-14-05.000-RR; 2401 1ST AVE S, LOTS 8 THRU 10 BLK 117 BHAM

365 29-01-3-15-07.000-RR; 1413 10TH ST S, N 37 FT OF LOT 4 T V WALTER & A M ROBERTSON SUR

367 23-21-1-02-05.000-RR; 6230 1ST CT N, LOT 8 BLK 4 HOOD WOOD & FULTON NORTH LESS PT IN I-20 R/W

368 29-06-3-26-16.000-RR; 1332 34TH ST, LOT 18 BLK 32 BHAM-ENSLEY

369 23-21-1-02-01.000-RR; 6231 2ND AVE N, NW 100 FT LOT 9 BLK 4 HOOD WOOD & FULTON

371 23-15-3-11-03.000-RR; 225 68TH ST N, LOT 50 C D EBERSOLE SUBDIV OF BLK 11-G WALKER LD CO SUR OF EAST WOODLAWN

372 23-15-3-20-30.000-RR; 232 68TH ST N, LOT 51 & N 1/2 LOT 50 FULLERS SUB OF BLK 12-G

373 30-25-4-08-25.000-RR; 927 GARDEN ST, LOT 25 BL 5 HILLMAN ESTATES 2ND SECTOR

374 29-10-1-14-21.000-RR; 29 9TH CT SW, LOT 24 HONEYSUCKLE CIRCLE

375 23-14-2-30-15.000-RR; 7624 6TH AVE S, LOT 9-A VIRGINIA JACKSON RESUR PB 174 PG 23

376 23-14-2-30-13.000-RR; 7616 6TH AVE S, LOTS 5 & 6 BLK 87 EAST LAKE

377 29-06-4-21-13.000-RR; 1504 35TH ST, LOT 15 BLK 25 BHAM ENSLEY

378 13-36-1-07-12.000-RR; 837 MEADOWBROOK DR, LOT 21 BLK 6 MEADOWBROOK ESTS

379 13-36-1-06-27.000-RR; 832 MEADOWBROOK DR, LOT 35 BLK 4 MEADOWBROOK ESTS

380 13-25-3-04-03.000-RR; 949 MEG DR, LOT 13 BLK 7 VON DALES 1ST SECTOR AUG 31 2010 257

381 22-12-2-28-09.000-RR; 2915 48TH AVE N, LOTS 7 THRU 10 BLK 2 C M GREEN ADD TO NO BHAM

382 22-12-2-16-06.000-RR; 2924 48TH AVE N, LOTS 13 & 14 BLK 3 C M GREEN RLTY CO ADD TO NO BHA

383 22-11-4-08-10.000-RR; 2821 41ST CT N, LOTS 1 & 2 BLK 9 BOYDGA TERR LESS PT IN U S HWY 31 R/W

384 23-07-3-12-20.000-RR; 3538 41ST AVE N, LOT 24 BLK 1 ROSE PARK

385 23-07-3-09-33.000-RR; 3713 42ND AVE N, LOT 4 BLK 11 M A HINES 1ST ADD TO HARRIMAN PARK

386 23-14-3-02-06.000-RR; 7401 OPORTO MADRID BLV S, LOT 24 BLK 79 SO HGLDS OF EAST LAKE

387 23-14-3-02-05.000-RR; 7405 OPORTO MADRID BLVD S, LOT 23 BLK 79 SO HGLDS OF EAST LAKE

388 23-14-3-15-20.001-RR; 7332 OPORTO MADRID BLV S, LOT 9 BLK 11 EAST LAKE HGLDS

389 23-14-3-15-20.000-RR; 7330 OPORTO MADRID BLV S, LOT 8 BLK 11 EAST LAKE HGLDS EX E 5 FT TO CITY OF BHAM

390 23-14-3-15-03.000-RR; 672 74TH ST S, LOT 13 BLK 11 EAST LAKE HGLDS

393 23-15-1-01-02.000-RR; 7741 DIVISION AVE, LOT 24 BLK 92 EAST LAKE

394 23-11-3-18-17.000-RR; 8040 1ST AVE S, LOT 13 BLK 122 R W BECK SUR LESS PT IN I-59 R/W

395 23-11-3-17-01.000-RR; 100 81ST ST S, NW 55 FT OF LOTS 14+15+16 BLK 123 R W BECK SUR

396 23-11-2-13-10.000-RR; 8428 DIVISION AVE, LOTS 9 & 10 BLK 161 EAST LAKE 1/217

397 23-11-2-13-10.001-RR; 8424 DIVISION AVE, LOTS 7 & 8 BLK 161 EAST LAKE 1/217

398 23-11-2-13-11.000-RR; 8436 DIVISION AVE, LOT 11 BLK 161 EAST LAKE LAND CO

399 23-11-2-18-10.000-RR; 8220 DIVISION AVE, SW 1/2 OF LOT 6 BLK 141 EAST LAKE LAND CO

401 23-11-1-10-16.000-RR; 217 86TH PL S, POB 182 FT SE OF N INTERSEC OF 2ND AVE S & 86TH PL S TH SE 59S FT ALG 86TH PL S TH NE 150S FT TH NW 59 FT TH SW 150 CONTINUED

402 23-11-1-17-06.000-RR; 228 86TH PL S, LOT 13 ROEMONT

403 23-11-1-17-05.000-RR; 232 86TH PL S, LOT 14 ROEMONT

258 AUG 31 2010

404 23-11-1-10-25.000-RR; 8624 4TH AVE S, LOTS 8 THRU 11 TREMONT

405 23-14-4-16-04.000-RR; 7233 PARIS AVE, LOT 16 BLK 112 CENTRAL HGLDS ADD

406 30-01-1-48-02.000-RR; 3105 AVENUE F, LOT 2 BLK 31-F ENSLEY 15TH ADD BHAM

407 30-01-1-43-09.000-RR; 3108 AVENUE F, LOT 10 BLK 14 ENSLEY DEV CO

409 30-01-1-09-09.000-RR; 2612 AVENUE F, LOT 9 BLK 26-E ENSLEY 1ST ADD

410 29-06-2-10-02.000-RR; 2418 AVENUE F, LOTS 15 THRU 18 BLK 24-E ENSLEY 1ST ADD 4/8

411 23-21-1-22-03.000-RR; 105 61ST ST S, LOT 17 HOPSON PL

413 23-21-1-22-05.000-RR; 113 61ST ST S, LOT 15 HOPSON PLACE

414 23-21-1-24-07.000-RR; 5920 GEORGIA ROAD, W 42.5 FT OF LOT 16 & E 5 FT OF LOT 17 BLK A M M G

415 23-22-2-19-12.000-RR; 406 ATHENS AVE, LOTS 9+10 BLK 10 WOODLAWN HTS

416 23-20-3-03-09.000-RR; 916 44TH ST N, LOT 15 BLK 3 KINGSTON

419 23-11-1-18-16.000-RR; 8536 3RD AVE S, COM AT INTER OF SE R/W 2ND AVE SO & SW R/W 86TH ST TH SE ALG 86TH ST 282.1 FT TO POB CONT SE ALG R/W 150.2 FT TH SWLY CONTINUED

420 23-11-1-17-25.000-RR; 8600 4TH AVE S, LOTS 3 & 4 ROEMONT

421 23-12-3-03-13.000-RR; 8604 9TH CT CIR S, LOT 2 BLK 3 ROEBUCK GROVE 2ND SECTOR

422 23-29-3-03-13.000-RR; 4205 3RD AVE S, ELY 45 FT OF LOT 1 BLK 12 AVONDALE

423 23-20-3-12-25.000-RR; 840 43RD ST N, LOT 11 BLK 7 KINGSTON

424 30-16-4-08-07.000-RR; 1348 EDWARDS ST, LOT 15 DOLOMITE VILLAGE 4TH ADD

425 30-16-1-01-17.000-RR; 1215 ALEXANDER ST, POB 73 FT W OF THE SW INTER OF ALEXANDER ST & ALLEY TH W 105 FT TH S 102.5 FT TH E 152.9 FT TO W OF RD TH NELY 55.9 FT TH CONTINUED

426 29-20-2-11-16.000-RR; 2717 PARKLAWN AVE SW, LOT 6 BLK 13 PARK LAWN

427 29-17-3-22-22.000-RR; 2512 CARLOS AVE SW, LOT 79 COLLEGE PARK RESUB

428 23-20-3-13-33.000-RR; 888 44TH ST N, LOT 19 BLK 8 KINGSTON

429 23-20-3-02-01.000-RR; 937 44TH ST N, THE N 37-1/2 FT OF LOT 1 BLK 2 SUR KINGSTON

AUG 31 2010 259

430 23-20-1-17-13.000-RR; 4600 RICHARD ARRINGTON BLVD N, LOT 10 BLK 8 BROWNS & REEDS ADTN TO BROOKLYN

431 23-20-1-17-14.000-RR; 4604 RICHARD ARRINGTON JR BLVD N, LOT 11 BLK 8 BROWNS & REEDS ADTN TO BROOKLYN

432 23-20-1-17-19.000-RR; 4624 RICHARD ARRINGTON JR BLVD N, LOT 16 BLK 8 BROWNS AND REEDS ADD TO BROOKLYN

433 23-20-1-18-09.000-RR; 4501 11TH AVE N, LOT 1 BLK 3 BROWNS & REEDS ADD TO BROOKLYN

434 23-20-2-10-09.001-RR; 1121 42ND PL N, PART OF LOT 9 BLK 3 KING LAND & IMP COS 2ND ADD TO KINGSTON 14/36 DESC AS FOL-BEG INTER OF E/L OF 42ND PLACE & N/L OF CONTINUED

435 23-16-4-08-08.000-RR; 133 64TH ST N, N 50 FT OF LOT 7 & W 25 FT OF N 50 FT OF LOT 8 BLK B HOOD WOOD & FULTON NORTH

436 23-21-1-02-06.000-RR; 140 63RD ST N, SE 50 FT LOTS 9 & 10 BLK 4 HOOD WOOD & FULTON NORTH LESS PT IN I-20 R/W

437 23-21-1-02-04.000-RR; 6228 1ST CT N, LOT 7 BLK 4 HOOD WOOD & FULTON N LESS PT IN I-20 R/W

438 29-05-3-07-13.000-RR; 2920 AVENUE T, LOT 13 BLK 1 HELENA HEIGHTS

439 30-25-4-08-05.000-RR; 920 AIRVIEW ST, LOT 4 BL 5 HILLMAN ESTATES 1ST SECTOR

440 29-30-3-12-06.000-RR; 4024 WENONAH RD N, LOT 2 BLK 11 WENONAH SUB PLAT B

441 30-16-4-18-07.000-RR; 1506 EDWARDS ST, LOT 75 DOLOMITE VILLAGE 4TH ADD

442 30-16-1-02-02.000-RR; 1132 ALEXANDER ST, POB 208 FT S OF NE COR OF SW4 OF NE4 SEC 16 TP

446 29-20-1-10-01.000-RR; 2309 ISHKOODA RD, LOT A BLK 1 NABERS LD COS 6TH ADD TO COLLEGE PARK

447 29-20-3-14-02.000-RR; 2801 FAIRBANKS AVE SW, LOTS 1 & 2 BLK 5 INDUSTRIAL CENTER

448 29-20-3-14-03.000-RR; 2809 FAIRBANKS AVE SW, LOT 3 BLK 5 INDUSTRIAL CENTER

449 23-20-3-13-18.000-RR; 820 44TH ST N, LOT 19 BLK N KING LAND & IMP CO ADD TO KINGSTON

450 23-20-2-05-23.000-RR; 4428 11TH AVE N, LOT 17 & 18+19+20 ED PUTNAM RESUR OF BLK 1 T Y CAIN SUR

451 29-05-2-08-07.000-RR; 2353 23RD ST W, LOT 9 BLK 26 TERRACE PARK ADD TO ENSLEY 260 AUG 31 2010

452 29-05-2-08-06.000-RR; 2357 23RD ST W, LOT 10 BLK 26 TERRACE PARK ADD TO ENSLEY

453 29-05-3-04-09.000-RR; 3005 AVENUE V, LOT 7 BLK 8 HELENA HEIGHTS

454 29-05-3-16-04.000RR; 2013 30TH ST W, LOT 5 BLK 5 HELENA HEIGHTS CO SECTION 05 TOWNSHIP 18S RANGE 3W

455 29-06-4-13-13.000-RR; 1512 33RD ST, LOT 16 BLK 23 BHAM ENSLEY

458 22-27-3-11-17.000-RR; 1138 6TH ST W, S 55 FT OF N 110 FT OF E 45 FT OF LOT 16 BLK 8 SPA

459 23-11-1-31-08.000-RR; 8332 4TH AVE S, LOT 9 BLK 155 EAST LAKE

460 23-11-4-25-17.000-RR; 8244 4TH AVE S, SE 110 FT LOT 12 BLK 145 EAST LAKE

461 12-32-3-00-45.000-RR; 713 SHERWOOD FOREST CIR, LOT 23 BLK 7 AMENDED MAP OF LOTS 18 THRU 30 BLK 7 LOTS 14 THRU 17 BLK 9 LOTS 33 THRU 38 BLK 18 & LOT 11 BLK 14 CONTINUED

462 23-12-1-08-11.000-RR; 520 LA RUE ST, LOTS 19+20 & 21 BLK 8 OAKVILLE OAKVILLE SUR

463 22-28-1-08-15.000-RR; 1112 16TH AVE W, LOT 1 BLK 3 THOMAS GARDENS 1ST SECTOR

464 22-28-1-08-14.000-RR; 1120 16TH AVE W, LOT 13 BLK 2 THOMAS GARDENS 1ST SECT

465 22-28-2-10-11.000-RR; 204 2ND ST, LOT 11 BLK 3 THOMAS

466 22-28-2-17-03.000-RR; 211 2ND ST, LOT 6 BLK 7 THOMAS

468 23-11-4-25-18.000-RR; 314 83RD ST S, NW 55 FT OF LOTS 11 & 12 BLK 145 EAST LAKE

469 23-11-3-03-18.000-RR; 212 83RD ST S, SE 50 FT LOT 13 & SE 50 FT OF NE 25 FT LOT 14 BLK 144 EAST

470 23-11-4-25-16.000-RR; 8238 4TH AVE S, SE 110 FT OF LOT 11 BLK 145 EAST LAKE

471 22-27-3-03-05.000-RR; 320 15TH AVE W, LOT 3 TOMBURELLOS 1ST ADD TO BHAM

472 22-27-3-03-04.000-RR; 316 15TH AVE W, LOT 2 TOMBURELLOS 1ST ADD TO BHAM

473 22-27-3-03-03.000-RR-01; 312 15TH AVE W, LOT 1 TOMBURELLOS 1ST ADD TO BHAM

474 22-27-1-26-01.000-RR; 11 15TH AVE W, LOT 13 BLK 3 ROSEWOOD PARK REVISED

AUG 31 2010 261

475 22-27-4-10-04.000-RR; 113 15TH AVE W, LOT 17 BLK 3 RESUBDIVIONS BLKS 1 THRU 6 ST MARKS V

477 22-17-4-01-03.001-RR; 1300 REPUBLIC RD, N 330 FT OF NW 1/4 OF SE 1/4 SEC 17 TP 17 R 3W LYING W OF CHERRY AVE LESS COM NW COR OF SD NW 1/4 TH E 290 FT TH S 230 CONTINUED

RESOLUTION NO. 1288-10

WHEREAS, on Tuesday, January 06, 2009, by Resolution No. 9-09 the Council of the City of Birmingham, at is regularly scheduled meetings declared the properties described below to be a public nuisance

WHEREAS, all proper notices were posted and delivered by certified mail to the persons, firms, associations or corporations last assessing the below described properties for state taxes as required by Act No. 105 of the Third Special Session of the Alabama Legislature, 1971 and as amended by Act 91-192; and

WHEREAS, on Tuesday, February 10 2009, by Resolution No.149-09 by the Council of the City of Birmingham, having heard all protests or objections presented, declared the noxious or dangerous weeds on said properties to be a public and nuisance and directed that said nuisance be abated by the removal of said weeds by the City; and

WHEREAS, said weeds have been cleared from the properties described below and the cost of such clearing has been reported to the council; 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 costs against the properties described herein;

NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Birmingham that:

1. It is hereby ascertained by the Council that the below sums were reasonably incurred as the cost of clearing the herein below described premises. 2. The below sums shall be hereby fixed as a special assessment against the properties hereinafter described and that such sums shall constitute a lien upon said properties for the amount of such assessments and shall continue in force until paid.

3. The name of the persons, firm, association or corporation last assessing the said properties for state taxes, a description of the properties assessed for said costs and the amount of such assessments for said costs is hereby determined, adjudged and fixed as follows, to-wit:

73 Parcel ID: 29-09-3-08-10.000-RR Batch No.: A-09 Legal: LOT 9 BLK 2 BEVERLY PLACE Location: 1209 17TH ST SW 35211 Account: 92561 Cost: $361.90 262 AUG 31 2010

The following resolution which was introduced and read at the regular meeting on Tuesday, July 27, 2010 at 9:30 o'clock a.m., for a public hearing on Tuesday, August 31, 2010 at 9:30 o'clock a.m., was called up by the Presiding Officer, and all interested parties who desired to be heard in relation thereto having been heard and considered was made a part of the Consent Agenda:

Case No. SUB 2010-00029 RESOLUTION NO. 1289-10

WHEREAS, there has been exhibited to this Council a duly acknowledged Declaration of Vacation executed by St. Vincent’s Hospital, being the owner, and the reading in part as follows:

KNOW ALL MEN BY THESE PRESENT, that the undersigned, St. Vincent’s Hospital, owner of all lands abutting the portion of public way or ways hereinafter declared vacated, do hereby declare vacated and divested out of the public the portion or portions of unopened public way or ways described as follows, to-wit:

27th Place South, lying between 10th Avenue South and Hanover Circle.

Containing 7,573 square feet.

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,

WHEREAS, it has been made to appear to this Council that said declarant is the owner of allthe 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 AUG 31 2010 263 best interest of the public that the above described public way or ways or portions thereof be vacated.

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 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-of- way vacation fee has been WAIVED.

The following resolution which was introduced and read at the regular meeting on Tuesday, July 27, 2010 at 9:30 o'clock a.m., for a public hearing on Tuesday, August 31, 2010at 9:30 o'clock a.m., was called up by the Presiding Officer, and all interested parties who desired to be heard in relation thereto having been heard and considered was made a part of the Consent Agenda:

264 AUG 31 2010

RESOLUTION NO. 1290-10

WHEREAS, there has been exhibited to this Council a duly acknowledged Declaration of Vacation executed by Woodlawn Methodist Church and Cornerstone School, being the owners, and the reading in part as follows:

KNOW ALL MEN BY THESE PRESENT, that the undersigned, Woodlawn Methodist Church and Cornerstone School, owners of all lands abutting the portion of public way or ways hereinafter declared vacated, do hereby declare vacated and divested out of the public the portion or portions of unopened public way or ways described as follows, to-wit:

PART OF THE SECTION 21, TOWNSHIP 17 SOUTH, RANGE 3 WEST, JEFFERSON COUNTY, ALABAMA AND BEING MORE PARTICULARY DESCRIBED AS FOLLOWS:

COMMENCE AT THE NORTHWESTERLY MOST CORNER OF LOT 1, CORNERSTONE SCHOOL RESURVEY AS RECORDED IN MAP BOOK 168, PAGE 58, IN THE OFFICE OF JUDGE OF PROBATE OF JEFFERSON COUNTY, ALABAMA; THENCE RUN EASTERLY ALONG THE NORTHERLY LINE OF SAID LOT 1 FOR 127.02 FEET TO THE POINT OF BEGINNING OF AN ALLEY TO BE VACATED; THENCE CONTINUE ALONG SAME COURSE EASTERLY FOR 9.59 FEET TO A POINT ON THE EASTERLY RIGHT-OF-WAY LINE OF SAID ALLEY TO BE VACATED AND THE WESTERLY PROPERTY LINE OF LOT 1, WOODLAWN METHODIST CHURCH RESURVEY AS RECORDED IN MAP BOOK 129, PAGE 67, IN THE OFFICE OF JUDGE OF PROBATE OF JEFFERSON COUNTY, ALABAMA; THENCE TURN 88°41’40” TO THE RIGHT AND RUN SOUTHERLY ALONG THE WESTERLY LINE OF SAID LOT 1 AND THE EASTERLY LINE OF SAID ALLEY FOR 286.84 FEET; THENCE TURN 90°00’ TO THE RIGHT AND RUN WESTERLY FOR 9.86 FEET TO A POINT, SAID POINT BEING ON THE EASTERLY RIGHT-OF-WAY LINE OF SAID ALLEY TO BE VACATED, AND THE EASTERLY LINE OF SAID LOT 1, CORNERSTONE SCHOOL RESURVEY; THENCE TURN 90°00’ TO THE RIGHT AND RUN NORTHERLY ALONG SAID WESTERLY ALLEY RIGHT- OF-WAY LINE AND THE EASTERLY LINE OF LOTS 3A, 2 AND 1 FOR 286.56 FEET TO THE POINT OF BEGINNING. SAID VACATED ALLEY CONTAINS 2,744 SF, MORE OR LESS.

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 AUG 31 2010 265

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 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-of- way vacation fee has been WAIVED.

266 AUG 31 2010

ORDINANCE NO. 10-113

WHEREAS, the City has been vested with the power and authority to create and develop “urban renewal projects” and “redevelopment projects” pursuant to Chapters 2 and 3 of Title 24, Code of Alabama (1975); and

WHEREAS, on September 11, 1979, the Council of the City of Birmingham, by Resolution No. 1108-79, approved and adopted the “Community Renewal Plan for the City of Birmingham” in accordance with Chapter 52 of Title 11 of the Code of Alabama (1975) (the “Community Renewal Plan”); and

WHEREAS, the Community Renewal Plan was amended by the East Lake Commercial Revitalization Plan adopted by the Council of the City of Birmingham on June 6, 1989, by Resolution No. 896-89 and by the Community Renewal Plan Amendment for East Lake/Parkway East Commercial Revitalization Districts on August 3, 1993, by Resolution No. 1463-93; and

WHEREAS, on May 28, 2002, by Resolution No. 812-02, the Council of the City of Birmingham approved and adopted an urban renewal and redevelopment plan for the East Lake/Roebuck/Parkway East commercial corridor of Birmingham entitled “The East Lake/Parkway East Urban Renewal and Urban Redevelopment Plan” (the “East Lake/Parkway East Plan”); and

WHEREAS, the East Lake/Parkway East Plan was adopted in furtherance and in implementation of the Community Renewal Plan; and

WHEREAS, the East Lake/Parkway East Plan describes a project area (the “Project Area”), the majority of which is located within the boundaries of the Community Renewal Plan; and WHEREAS, Chapters 2 and 3 of Title 24, Code of Alabama (1975) and the East Lake/Parkway East Plan authorize the City to acquire and dispose of property located within the Project Area and to enter into contracts with redevelopers to develop all or any part of the Project Area in accordance with the requirements of the East Lake/Parkway East Plan; and

WHEREAS, Serra Automotive, Inc. (“Serra Automotive”) operates certain full service automobile dealerships which are located in the Project Area and employ approximately 430 employees; and

WHEREAS, on January 22, 2002, the Council of the City of Birmingham adopted Resolution No. 110-02 in which the Council expressed support for Anthony F. Serra and Mary Margaret Serra (the “Serras”) to petition for annexation into the City of properties located at 1170 Center Point Parkway, 1517 Center Point Parkway, 1540 Huffman Road, and 1444 Huffman Road, which were located outside the City limits (the “Annexed Properties”); and

AUG 31 2010 267

WHEREAS, the Serras subsequently petitioned for annexation of the Annexed Properties into the City of Birmingham and the Council of the City of Birmingham approved the annexations in March 2002; and

WHEREAS, pursuant to the East Lake/Parkway East Plan and Ordinance No. 02-67 of the Birmingham City Council, which was adopted on May 28, 2002, the City and Serra Automotive entered into: (i) a Redevelopment Agreement dated as of May 30, 2002, under which the City acquired six parcels of real property from the Serras, and a seventh parcel from both the Serras and an IRC §1031 qualified intermediary (these seven parcels referred to hereinafter as the “Leased Redevelopment Property” and, together with an eighth parcel located at 1170 Center Pont Parkway, are hereinafter referred to collectively as the “Redevelopment Property”) for a total of $2,583,900, and agreed to provide up to $650,000 for certain public infrastructure improvements in support of a project (the “Original Project”) involving Serra Automotive’s expansion of its business operations on certain parcels comprising the Redevelopment Property, its agreement to maintain its Toyota dealership located at 1300 Center Point Parkway within the City of Birmingham for at least five (5) years and its agreement to maintain all of its other automotive operations then located in the City of Birmingham for a minimum of ten (10) years; and (ii) a Lease/Purchase Agreement, under which the City leased the Leased Redevelopment Property to Serra Automotive for a term of ten (10) years at an annual rental of $24,000 per year, and Serra Automotive agreed to purchase the Leased Redevelopment Property from the City within the ten- year term for a purchase price of $683,000; and

WHEREAS, the Redevelopment Agreement subsequently was amended through an Amendment to Redevelopment Agreement dated November 25, 2003 (the Redevelopment Agreement, as so amended, is hereinafter referred to as the “Redevelopment Agreement”), to include real property located at 1172 Center Point Parkway and 1178 Center Point Parkway, Birmingham, for redevelopment under the Redevelopment Agreement and to set forth the terms upon which the City would reimburse the $650,000 to Serra Automotive for expenses incurred in connection with its construction of the infrastructure and improvements in support the Original Project; and

WHEREAS, the Redevelopment Agreement was further amended on March 31, 2009, by an Amended and Restated Redevelopment Agreement under which Serra Automotive agreed to an additional project (the “Cadillac Project”) which would have involved Serra Automotive’s purchase and relocation of the Tom Williams Cadillac dealership (hereinafter, the “Cadillac Dealership”), into the City of Birmingham; and

WHEREAS, in 2009, Redeveloper proposed an additional project (the “Cadillac Project”) which would have involved Redeveloper’s purchase and relocation of the Tom Williams Cadillac dealership (hereinafter, the “Cadillac Dealership”), into the City of Birmingham, and the Parties entered into an Amended and Restated Redevelopment Agreement on March 31, 2009 (the “Amended and Restated Agreement”) to set forth the terms of the Redevelopment Agreement, as amended by the addition of the Cadillac Project; and

268 AUG 31 2010

WHEREAS, pursuant to the downsizing plans of General Motors Corporation (“GM”) and subsequent sale of substantially all of the GM assets, GM exercised its right of first refusal to purchase and close the Cadillac Dealership, thus blocking Developer’s attempts to the relocate the Cadillac Dealership into the City of Birmingham; and

WHEREAS, as a replacement project for the Cadillac Project, Redeveloper identified a project which would involve Redeveloper’s purchase of a new Mahindra dealership (hereinafter, the “Mahindra Project”) which would be established in the City of Birmingham at a showroom and office facility and car lot located on a portion of the Redevelopment Property located at 1510 Center Point Parkway (the “Project Site”); and

WHEREAS, in order to substitute the Mahindra Project for the Cadillac Project, the parties entered into a Second Amended and Restated Redevelopment Agreement dated September 23, 2009 (the “Second Amended Agreement”); and

WHEREAS, due to substantial delays at the national level which have delayed Mahindra's entrance in the United States market, Redeveloper has proposed that the Second Amended Agreement be amended to provide for the possibility of Redeveloper locating another automotive dealer, acceptable to the City, to the Project Site, in the event that the Mahindra Project is not realized; and

WHEREAS, the Mahindra Project or this alternative automotive dealership project (referred to collectively with the Mahindra Project herein as the “New Dealer Project”) is expected to result in the creation of an estimated 15 to 20 new jobs in the City of Birmingham and an estimated $1.8 million in new sales tax, occupational tax and business license fee revenue to the City over the first five years of operation of the new dealership (hereinafter, the “New Dealership”); and

WHEREAS, the City has determined that the implementation of the New Dealer Project at the Project Site will reduce or eliminate blight or blighting factors in the Project Area and will advance and implement the purposes and objectives of the East Lake/Parkway East Plan and the Community Renewal Plan and will further benefit the public by promoting economic growth and development in the City; and

WHEREAS, the City has determined that the implementation of the New Dealer Project is in the public interest, is a public use, and is for public purpose, for which City assistance in support of the New Dealer Project through a conveyance of the Leased Redevelopment Property to Redeveloper for a use value of One and No/100 Dollar ($1.00) is appropriate; and

WHEREAS, the City further finds that the public benefits sought to be achieved and the public purpose to be served by the conveyance of the Leased Redevelopment Property for a use value of $1.00 in support of the New Dealer Project in accordance with this Third Amended Agreement are (i) the promotion of local economic development, (ii) the stimulation of the local economy, (iii) the location of new businesses to the City, (iv) increasing the number of employment opportunities in the City, (v) increasing the City’s tax base, which will result in AUG 31 2010 269 additional tax revenues for the City, and (vi) the elimination of blight and blighting factors in the Project Area in furtherance of the objectives of the East Lake/Parkway East Plan and the Community Renewal Plan and of the City’s economic development goals; and

WHEREAS, as a result of the City’s inducements in the form of City’s agreement to convey the Leased Redevelopment Property to Redeveloper for $1.00, Redeveloper has decided to undertake the New Dealer Project and has agreed to retain the New Dealership in the City of Birmingham for six (6) years and further to continue to retain the dealerships as required under the Redevelopment Agreement dated as of May 30, 2002, for the duration of the Retention Period, except with respect to Serra Toyota, the obligations of Redeveloper for which have been satisfied, and except as otherwise provided herein; and

WHEREAS, the total value to the City of the support offered to Serra Automotive by the City is $682,999, the amount by which the purchase price of the Leased Redevelopment Property will be reduced, and, in return, the City will receive new revenue and other benefits from the New Dealer Project as described in this Ordinance, including an estimated 15-20 new jobs in the City of Birmingham and estimated $1.8 million in new revenue to the City over the first five years of operation of the New Dealership; and

WHEREAS, the City and Redeveloper wish to further amend, restate and replace the Second Amended Agreement with a Third Amended Agreement to set forth their mutual rights and obligations concerning the New Dealer Project.

NOW, THEREFORE, BE IT ORDAINED 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, a Third Amended and Restated Redevelopment Agreement with Serra Automotive, Inc. and Anthony F. Serra and Mary Margaret Serra, in substantially the same form as on file in the Office of the City Clerk, under which Serra Automotive, Inc. agrees locate the New Dealership to property located at 1510 Center Point Parkway, Birmingham, and the City will agree to transfer title to the Leased Redevelopment Property to Serra Automotive, Inc. and/or Anthony F. Serra and Mary Margaret Serra for a use value of One and No/100 Dollar ($1.00) in support of the New Dealership, as provided in the Third Amended and Restated Redevelopment Agreement.

BE IT FURTHER ORDAINED, that the Mayor be and hereby is authorized to execute any and all deeds and instruments and to do all things necessary and desirable to convey the Leased Redevelopment Property to Serra Automotive, Inc. and/or Anthony F. Serra and Mary Margaret Serra and to carry out and effectuate the provisions of this Ordinance, the City Council hereby finding and confirming that the Leased Redevelopment Property is not needed for public or municipal purposes.

BE IT FURTHER ORDAINED, that in case any one or more of the provisions contained in this Ordinance shall be held invalid, illegal or unenforceable for any reason, the invalidity, illegality or unenforceability shall not affect any other provision hereof and this Ordinance shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein.

270 AUG 31 2010

RESOLUTION NO. 1291-10

BE IT RESOLVED by the Council of the City of Birmingham, Alabama that the Mayor be authorized to enter into an Agreement whereby Sloss Real Estate company, Inc. is allowed to install an maintain 8 posts mounted banner’s/signs around the perimeter of Pepper Place which will encroach over City right(s) of way as shown on Exhibit “A” attached to the agreement.

RESOLUTION NO. 1292-10

BE IT RESOLVED by the Council of the City of Birmingham that the appointment of Laura Claussen, Warrior, AL, in an amount not to exceed $37,000.00, to assist with paralegal services for the City of Birmingham Law Department, be and the same hereby is approved, and; BE IT FURTHER RESOLVED that the Mayor is hereby authorized to execute the appointment letter on behalf of the City.

Appropriated for in FY2010 - 2011 Budget GL Account: 001_028_01600.527-014

RESOLUTION NO. 1293-10

BE IT RESOLVED by the Council of the City of Birmingham that the appointment Guardian Systems, Inc., Leeds, AL, in an amount not to exceed $54,700.00/year, renewable annually subject to the availability of funds, to provide technical and analytical environmental services for the Eastern Area Landfill and the New Georgia Landfill, be and the same hereby is approved, and; BE IT FURTHER RESOLVED that the Mayor is hereby authorized to execute the appointment letter on behalf of the City.

Appropriated for in FY2010 - 2011 Budget GL Account: 001_049_40400_40401.527-050

RESOLUTION NO. 1294-10

BE IT RESOLVED by the Council of the City of Birmingham that the appointment of Juli McShay, Birmingham, AL, in an amount not to exceed $10,000.00, to assist with paralegal services for the City of Birmingham Law Department in accordance with Section 3-1-7 of the General Code of the City of Birmingham, be and the same hereby is approved, and;

BE IT FURTHER RESOLVED that the Mayor is hereby authorized to execute the appointment letter on behalf of the City.

Appropriated for in FY2010 - 2011 Budget GL Account: 001_028_01600.527-014

AUG 31 2010 271

RESOLUTION NO. 1295-10

BE IT RESOLVED by the Council of the City of Birmingham that the appointment of Volkert & Associates, Inc., Birmingham, AL, in the total amount of $76,500.00, to provide surveying and engineering design services for the Hudson K-8 School Access Improvements ($48,700.00), and the W.J. Christian K-8 School Access Improvements ($27,800.00), be and the same hereby is approved, and;

BE IT FURTHER RESOLVED that the Mayor is hereby authorized to execute the appointment letters on behalf of the City. Appropriated for in FY2010 - 2011 Budget GL Account: 129_375.527-014

Project Code: PEP129CP 003686 Project Code: PEP129CP 003687

RESOLUTION NO. 1296-10

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 periodically organize events, activities and programs within the various neighborhoods to raise community awareness and to promote unity within the neighborhoods; and

WHEREAS, the West Goldwire Neighborhood Association has planned a “Get to Know Your Neighbor” Day for its neighborhood to be held on September 11, 2010, and the neighborhood association desires to utilize the services of Jackson Entertainment for disc jockey services; and

WHEREAS, the Council supports activities that strengthen the neighborhoods and promote cohesiveness among the residents within the neighborhoods; and

WHEREAS, the Council finds that it is a matter of public purpose to promote neighborhood unity through “Get to Know Your Neighbor” Day in order to strengthen the communities within the City and make the City a more attractive place in which to live and work and that the use of City Funding in support of “Get to Know Your Neighbor” Day 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 payable to Jackson Entertainment in support of the celebration of “Get to Know Your Neighbor” Day on September 11, 2010 in the West Goldwire Neighborhood promotes goodwill and serves a public purpose and that City of Birmingham funds 272 AUG 31 2010 allocated to its Neighborhood Associations may be used in support of the celebration of “Get to Know Your Neighbor” Day for the West Goldwire Neighborhood in the amount of Four Hundred Dollars ($400.00), to be paid to Jackson Entertainment from the neighborhood funding allocation to the West Goldwire Neighborhood Association, subject to the availability of funds remaining in the allocation to the West Goldwire 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 Jackson Entertainment, under which the City will provide funding from the allocation of funding for the West Goldwire Neighborhood Association under the terms provided in the Agreement, subject to the availability of funds remaining in the allocation for this neighborhood association.

RESOLUTION NO. 1297-10

BE IT RESOLVED by the Council of the City of Birmingham that proper notice having been given to

Paul D. & Lakesha Fleming (Assessed Owner) the person or persons, firm, association or corporation last assessing the below described property for state taxes,

621 26th Street SW in the City of Birmingham, more particularly described as:

LOT 6 BLK 2 NATIONAL GUARANTEE LOAN & TRUST CO SURVEY AS RECORDED IN MAP BOOK 0004, MAP PAGE 0015 IN THE OFFICE OF THE JUDGE OF PROBATE OF JEFFERSON COUNTY, ALABAMA (29-8-3-30-7). LOT SIZE 50' X 131' is unsafe to the extent that it is a public nuisance.

BE IT FURTHER RESOLVED by said Council that upon holding such hearing, it is hereby determined by the Council of the City of Birmingham that the building or structure herein described is unsafe to the extent that it is a public nuisance and the Director of Planning, Engineering and Permits is hereby directed to cause such building or structure to be demolished. CON2008-00403

RESOLUTION NO. 1298-10

BE IT RESOLVED by the Council of the City of Birmingham that proper notice having been given to

Shirley Ann Patmon (Assessed Owner) AUG 31 2010 273

the person or persons, firm, association or corporation last assessing the below described property for state taxes,

1216 Fulton Avenue SW in the City of Birmingham, more particularly described as:

LOT 21 BLK 19 THARPE PLACE AS RECORDED IN MAP BOOK 0004, MAP PAGE 0087 IN THE OFFICE OF THE JUDGE OF PROBATE OF JEFFERSON COUNTY, ALABAMA (29-4-4-25-18). LOT SIZE 50' X 190' is unsafe to the extent that it is a public nuisance.

RESOLUTION NO. 1299-10

BE IT RESOLVED by the Council of the City of Birmingham that proper notice having been given to

Adair Asset Management US Bank (Assessed Owner) William H. Craig (Apparent Owner) the person or persons, firm, association or corporation last assessing the below described property for state taxes,

1017 48th Street North in the City of Birmingham, more particularly described as:

P O B 203S FT N OF THE NE INTER OF 10TH AVE N & 48TH ST N TH N 60S FT ALG ST TH E 93S FT TH S 60S FT TH W 93S FT TO P O B LYING IN SE 1/4 OF NE 1/4 SEC 20 T17S R2W AS RECORDED IN THE OFFICE OF THE JUDGE OF PROBATE OF JEFFERSON COUNTY, ALABAMA (23-20-1-16-12). LOT SIZE 60' X 93' is unsafe to the extent that it is a public nuisance.

RESOLUTION NO. 1300-10

BE IT RESOLVED by the Council of the City of Birmingham that proper notice having been given to

Doristene Johnson (Assessed Owner) the person or persons, firm, association or corporation last assessing the below described property for state taxes,

1916 16th Street SW in the City of Birmingham, more particularly described as:

LOT 5 BLK 28 MASON CITY AS RECORDED IN MAP BOOK 0006, MAP PAGE 0008 IN THE OFFICE OF THE JUDGE OF PROBATE OF JEFFERSON COUNTY, ALABAMA (29-16-4-9-4). LOT SIZE 50' X 135' is unsafe to the extent that it is a public nuisance.

RESOLUTION NO. 1301-10

BE IT RESOLVED by the Council of the City of Birmingham that proper notice having been given to

Coosa Investments LLC c/o William O. Byars (Assessed Owner) the person or persons, firm, association or corporation last assessing the below described property for state taxes,

1101-1115 47th Place North (Apt Bldg) in the City of Birmingham, more particularly described as:

LOT 23-A RESUR OF LOTS 23 THRU 26 R A GILBERT TRUSTEE 67/83 AS RECORDED IN MAP BOOK 0067, MAP PAGE 0083 IN THE OFFICE OF THE JUDGE OF PROBATE OF JEFFERSON COUNTY, ALABAMA (23-20-1-15-31). LOT SIZE 138' X 200' is unsafe to the extent that it is a public nuisance. AUG 31 2010 275

RESOLUTION NO. 1302-10

BE IT RESOLVED by the Council of the City of Birmingham that proper notice having been given to

Wachovia Cust Agt/Sass Muni V (Assessed Owner) DES Capital LLC (Co-Owner) the person or persons, firm, association or corporation last assessing the below described property for state taxes,

1561 Graymont Avenue West in the City of Birmingham, more particularly described as:

LOT 3 BLK 4 RIDGEWOOD PARK AS RECORDED IN MAP BOOK 0014, MAP PAGE 0055 IN THE OFFICE OF THE JUDGE OF PROBATE OF JEFFERSON COUNTY, ALABAMA (22-33-3-5-16). LOT SIZE 50' X 175' is unsafe to the extent that it is a public nuisance.

RESOLUTION NO. 1303-10

BE IT RESOLVED by the Council of the City of Birmingham, Alabama, that the lump sum bid of Twenty-One Thousand Dollars and no/100 ($21,000.00), submitted by C.P. CONSTRUCTION, 905 24th Street West, Birmingham, AL 35211, for lighting and irrigation system at ECHO HIGHLANDS COMMUNITY ENTRY, Birmingham, AL; received by the Department of Planning, Engineering and Permits on August 12, 2010, be and the same is hereby accepted, this being the lowest bid submitted, meeting specifications. The project will be funded under 031_200_12070_12073_15198_540.001. The contract to be awarded is let in compliance with Title 39, Code of Alabama, 1975, as amended, and all other applicable provisions of law.

276 AUG 31 2010

BE IT FURTHER RESOLVED that the Mayor be, and he is hereby authorized to enter into a contract with C.P. Construction, in accordance with said bid, providing that the total contract not exceed the appropriation.

RESOLUTION NO. 1304-10

BE IT RESOLVED by the Council of the City of Birmingham, Alabama, that the lump sum bid of Forty-Three Thousand Sixty-Eight Dollars and no/100 ($43,068.00), submitted by KONE, INC., 900 Alton Parkway, Birmingham, AL 35210, to provide one (1) year maintenance service (optional two (2) year) for thirty-eight (38) ELEVATORS IN CITY OWNED FACILITIES, Birmingham, AL; received by the Department of Planning, Engineering and Permits on August 5, 2010, be and the same is hereby accepted, this being the lowest bid submitted, meeting specifications. The project will be funded under 001_049_40200_40229.511- 022[approp. FY11]. The contract to be awarded is let in compliance with Title 39, Code of Alabama, 1975, as amended, and all other applicable provisions of law.

BE IT FURTHER RESOLVED that the Mayor be, and he is hereby authorized to enter into a contract with Kone, Inc., in accordance with said bid, providing that the total contract not exceed the appropriation.

RESOLUTION NO. 1305-10

BE IT RESOLVED by the Council of the City of Birmingham that Resolution No. 150-10, adopted by the Council February 16, 2010, which assessed properties throughout the City for the abatement of noxious or dangerous weeds, be and hereby is amended to remove the following properties due to the property was assessed in error:

$385.30 1312 13TH ST N 35204, Parcel ID: 22-26-3-03-14.000-RR, Acct #: 90988 The property was cut and assessed in error.

RESOLUTION NO. 1306-10

BE IT RESOLVED by the Council of the City of Birmingham that Resolution No. 1066- 10, adopted by the Council July 20, 2010, which assessed properties throughout the City for the abatement of noxious or dangerous weeds, be and hereby is amended to remove the following properties due to the property was assessed in error:

$848.76 6313 3rd Ct S 35212, Parcel ID: 23-22-2-28-03.000.RR, Account Number: 91625 The property was cut and assessed in error.

RESOLUTION NO. 1307-10

479.60 527 Tuscaloosa Ave SW 35211, Parcel ID: 29-03-2-34-11.000-RR 92594 The property was cut and assessed in error.

RESOLUTION NO. 1308-10

BE IT RESOLVED by the Council of the City of Birmingham that payment to Birmingham Jefferson County Animal Control, Birmingham, AL, in the amount of $63,389.02 per month to extend the current animal control services contract for the period beginning September 1, 2010 through September 30, 2010. Appropriated for in FY2010 - 2011 Budget GL Account: 001_400_96100_96101.550-002

RESOLUTION NO. 1309-10

BE IT RESOLVED by the Council of the City of Birmingham that the Director of Finance be and is hereby authorized to make the following refunds:

ID# 177917 STRATEGIC TECHNOLOGIES INC ATTN; PHYLLIS DAVIS 301 GREGSON DRIVE CARY, NC 27511 $4,838.45

TOTAL $4,838.45

RESOLUTION NO. 1310-10

BE IT RESOLVED by the Council of the City of Birmingham that the employee estimated expense accounts of the following be and the same is hereby approved for payment:

R. Scott Colson, Assistant to the Mayor, Mayor’s Office, $1,161.00, October 17 – 19, 2010, to attend Southeast US/Japan Annual Joint Meeting in Nashville, TN.

RESOLUTION NO. 1311-10

BE IT RESOLVED by the Council of the City of Birmingham that the employee expense accounts of the following be and the same is hereby approved for payment:

Derrick Calvin, Police Officer, Police Department, $33.00, July 12 – 15, 2010, to attend Regional Counterdrug Training Academy in Meridian, MS.

Lloyd Jones, Police Lieutenant, Police Department, $645.56, July 12 – 15, 2010, to attend Project Safe Neighborhood Conference in New Orleans, LA.

278 AUG 31 2010

Adrienne Stitt, Project Planner, Community Development, $761.06, July 26 – 29, 2010, to attend HUD-Home Certified Specialist – Administration Training in Atlanta, GA.

William Ray Tubbs, Deputy Chief, Police Department, $1,190.98, July 28 – August 1, 2010, to attend Commission on Accreditation for Law Enforcement Agencies in Las Vegas, NV.

Anthony Wheeler, Police Officer, Police Department, $67.00, July 18 – 23, 2010, to attend Patrol Officers Response to Street Drugs in Meridian, MS.

RESOLUTION NO. 1312-10

BE IT RESOLVED by the Council of the City of Birmingham that the employee estimated expense accounts of the following be and the same is hereby approved for payment:

Dexter Cunningham, Police Sergeant, Police Department, $.00, August 22 – 27, 2010, to attend Alabama Victim Assistance Academy in Florence, AL.

Karl Walker, Police Officer, Police Department, $67.00, August 22 – 27, 2010, to attend Covet Vehicle Installation in Meridian, MS.

Robert Walker, Police Officer, Police Department, $.00, August 22 – 27, 2010, to attend Covet Vehicle Installation in Meridian, MS.

RESOLUTION NO. 1313-10

BE IT RESOLVED by the Council of the City of Birmingham that the employee estimated expense accounts of the following be and the same is hereby approved for payment:

Ivor J. Brooks, Fire Chief, Fire & Rescue, $2,104.72, September 15 – 18, 2010, to meet with FEMA regarding the Federal Grant for Fire Station 14 in Washington, D.C.

Sean Edwards, Police Sergeant, Police Department, $1,028.00, October 17 – 22, 2010, to attend Southeastern Law Enforcement Executive Development Seminar in Florence, AL.

J. Denise Hoover, Senior Grants Management Coordinator, Community Development, $1,183.00, September 26 – 30, 2010, to attend Homeless Management Information System Training in Atlanta, GA.

Jon Sands, Police Officer, Police Department, $67.00, September 19 – 24, 2010, to attend Officer Safety High Risk Planning Course Level I in Meridian, MS.

Karen Utz, Curator, Sloss Furnace, $1,173.28, October 11 – 15, 2010, to attend Museum Conference (Southeast Museum Conference) in Baton Rouge, LA.

AUG 31 2010 279

RESOLUTION NO. 1314-10

BE IT RESOLVED by the Council of the City of Birmingham that the employee estimated expense accounts of the following be and the same is hereby approved for payment:

Rachelle Christion, Administrative Service Manager, Municipal Court, $1,365.68, September 15 – 19, 2010, to attend Alabama Municipal Court Clerks and Magistrates Annual Conference-Graduate in Orange Beach, AL.

Barbara Glenn, Magistrate, Municipal Court, $1,179.62, September 15 – 19, 2010, to attend Alabama Municipal Court Clerks and Magistrates Annual Conference in Orange Beach, AL.

Harry Greenberg, Police Lieutenant, Police Department, $822.58, October 17 – 21, 2010, to attend Alabama Polygraph Association Seminar in Orange Beach, AL.

Roberta Henderson, Court Coordinator, Municipal Court, $1,265.68, September 15 – 19, 2010, to attend Alabama Municipal Court Clerks and Magistrates Annual Conference-Graduate in Orange Beach, AL.

Kimball Karmondi, Police Officer, Police Department, $3,969.26, September 5 – 18, 2010, to attend 2010 Mounted Police Instructor School in Lafayette, LA.

Bettye King, Court Administrator, Municipal Court, $1,545.90, September 15 – 19, 2010, to attend Alabama Municipal Court Clerks and Magistrates Annual Conference in Orange Beach, LA.

Roberta Payne, Police Lieutenant, Police Department, $822.58, October 17 – 21, 2010, to attend Alabama Polygraph Association Seminar in Orange Beach, AL.

The resolutions and ordinances introduced as consent agenda matters were read by the Deputy City Clerk, all public hearings having been announced, and unanimous consent having been previously granted, Councilmember Roberson moved their adoption which motion was seconded by Councilmember Abbott, and upon the roll being called, the vote was as follows:

Ayes: Abbott, Austin, Hoyt, Parker, Rafferty, Roberson, Scales, Smitherman, Royal Nays: None

The vote was then announced by the Deputy City Clerk, whereupon the Presiding Officer declared said resolutions and ordinances adopted.

Case No. ZAC2010-00070 ORDINANCE NO. ______

BE IT ORDAINED by the Council of the City of Birmingham as follows: Section 1. That the Zoning District Map of the City of Birmingham as described in Section 2., “Zone Districts and Boundaries” of Title I of the Zoning Ordinance of the City of Birmingham, (Ord. 90-130 as amended) be, and said Zone Map hereby is, amended by rezoning or redistricting the parcels of land hereinafter in this section described, so as to change such parcels from one class of districts to another class of districts as follows, to wit:

FROM: QB-2, QUALIFIED GENERAL BUSINESS DISTRICT

TO: QB-2, QUALIFIED GENERAL BUSINESS DISTRICT IN ORDER TO AMEND THE Q CONDITIONS OF ORDINANCE 1798-G (CASE ZAC2005-00123)

Located at 6400 and 6412 1st Avenue North; 6407, 6411, 6415, and 6419 1st Court North; 113, 117, and 121 64th Street North; situated in the SW ¼ of Section 15, the SE ¼ of Section 16, the NE ¼ of Section 21; and in the NW ¼ of Section 22; all in Township 17-S, Range 2-West (35212) and being more particularly described as follows:

PARCEL I: Lots 4-6, Block A, and Lots 9-11, Block 2 of the Fulton, Hood and Wood Subdivision of Woodlawn, as recorded in Map Book 1, Page 13, in the Probate Office of Jefferson County, Alabama, Birmingham Division.

PARCEL II: Lot 1-A, according to the survey of Self’s Addition to Woodlawn, as recorded in Map Book 100, Page 17, in the Probate Office of Jefferson County, Alabama, Birmingham Division.

Section 2. This ordinance shall become effective when published as required by law.

The ordinance was read by the Deputy City Clerk and all interested parties who desired to be heard in relation thereto having been heard and considered, and unanimous consent for its immediate consideration being previously granted at a prior meeting, Councilmember Rafferty made a motion which motion was seconded by Councilmember Smitherman, that the ordinance be adopted, and upon the roll being called the vote was as follows:

Ayes: Abbott, Austin, Hoyt, Parker, Rafferty, Roberson, Royal, Scales, Smitherman Nays: None

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

AUG 31 2010 281

The following ordinance was introduced by Councilmember Parker

ORDINANCE NO. 10-114

AN ORDINANCE TO FURTHER AMEND THE GENERAL FUND BUDGET

BE IT ORDAINED by the Council of the City of Birmingham that the budget for the General Fund Budget for the fiscal year ending June 30, 2011, be and the same is hereby amended as follows: Amount Title of Appropriation Increase/Decrease Fund 001 General Fund Non Departmental 96102 Southern Intercollegiate Athletic Conference $ (15,000.00) 96762 Labor Day Classic 15,000.00 $ -

Recommendation by the Mayor:

I recommend the above appropriation in the amount of $15,000.00

Respectfully, William A Bell, Sr. /s/ William A. Bell, Sr. Mayor

Certification of the Director of Finance:

I hereby certify that there is available in the General Fund Budget of the City of Birmingham $15,000.00 unencumbered and unappropriated, sufficient to meet the additional appropriation of $15,000.00 provided for in the proposed ordinance.

Respectfully, Tom Barnett /s/ Tom Barnett Director of Finance

Whereupon Councilmember Scales made a motion to suspend the rules to allow Councilmember Rickey Lee additional time to speak, which motion was seconded by Councilmember Hoyt and adopted. 282 AUG 31 2010

Councilmember Abbott absented herself

Councilmember Royal absented himself

The following resolution was introduced by Councilmember Parker

RESOLUTION NO. 1315-10

BE IT RESOLVED by the Council of the City of Birmingham that the appointment Miles College, Birmingham, AL, in the amount of $15,000.00, to promote, host, and facilitate the Golden Classic Football Game, which will be held at Legion Field Stadium, and provide in-kind and other services, for a total commitment not to exceed $81,500.00 for the 2010 Golden Classic, be and the same hereby is approved, and; BE IT FURTHER RESOLVED that the Mayor is hereby authorized to execute the appointment letter on behalf of the City. Appropriated for in FY2010 - 2011 Budget The resolution was read by the Deputy City Clerk, whereupon Councilmember Parker moved its adoption which motion was seconded by Councilmember Rafferty, and upon the roll being called the vote was as follows:

Ayes: Austin, Hoyt, Parker, Roberson, Scales, Smitherman, Royal Nays: None

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

Councilmember Abbott returned and took her seat as a Councilmember

Councilmember Rafferty returned and took her seat as a Councilmember

The following ordinance was introduced by Councilmember Smitherman

ORDINANCE NO. 10-115

An Ordinance to amend Title 4, “Municipal Services”, Chapter 5, “Streets and Sidewalks”, Article H, “Excavations”, of the General Code of the City of Birmingham, 1980, Sections 4-5-131, 4-5-132, 4-5-133, 4-5-134, 4-5-135, 4-5-136, 4-5-137, 4-5-138, 4-5-139, 4-5- 140, 4-5-141, 4-5-142, 4-5-143, 4-5-144 and 4-5-145 to amend, alter, modify and add provisions related to excavations, to required that work be done by a licensed contractor; to provide that contact information be provided by all utilities and/or franchisees; to increase permit fees; to require that a permittee shall restore or caused to be restored pavement for all excavations according to city standards; to require a bond prior to issuance of an excavation permit and circumstances under which it may be waived; to revise time limits in AUG 31 2010 283 permits; to provide clarifications for the term “utility,” where new utilities shall be located, and for utility replacement; to provide that for the restoration of streets, alleys, sidewalks or other public ways by permittee in accordance with city standards, specifications and details; correct clerical errors; to provide for due process rights of permittee; and, otherwise revise; and to provide that an unmarked ordinance containing the amended, altered, modified and additional provisions be substituted and replace the prior language of such sections as heretofore referenced herein in their entirety in the General City Code.

“Sec. 4-5-131 Permit; required; exceptions.

“(a) It shall be unlawful, except in an emergency as set forth in section 4-5-132, for any person, other than an authorized officer, employee or agent of the city, to make any opening, cut or excavation in or under the surface of any street, alley, sidewalk or public way of the city without having first obtained a permit as provided in this article, or without inspection as required by that permit.

“(b) It shall also be unlawful for any person to whom a permit has been issued to do or cause to be done the work authorized therein without also complying with inspection requirements contained in the permit.

“(c) The permittee shall cause the work authorized by a permit issued in accordance with this article to be performed by an entity licensed to do the work for which the permit is issued. All pavement restoration shall be performed by a licensed paving contractor. Proof of licensure shall be presented at the time application for a permit is made or a permit will not be issued.

“Sec. 4-5-132 Same; procedure when utility installation breaks, etc.

“(a) In the event that any sewer, main, conduit or other utility or franchisee installation in or under any street, alley, sidewalk or public way shall burst, break or otherwise be in a condition as seriously to endanger persons or property, the owner of that sewer, main, conduit or other installation shall immediately repair the trouble and shall immediately take all necessary steps to make the location safe and secure. That owner, utility or franchisee shall not, however, begin making any permanent repairs to the street, alley or sidewalk until he shall have secured a permit as provided in this article. A permit shall be secured on the next business day within 18 hours after any break or serious trouble shall have developed, and the necessary repairs to the street, alley or sidewalk shall be made as directed by the city engineer and shall be completed as is set forth in this Sec. 4-5-144 soon as practicable after receipt of the permit.

“(b) It shall be unlawful for any person to cut any pavement under this section unless an emergency shall be of such nature that immediate repair is required for the safety of persons or property or both, and it shall be unlawful for any person to fail to comply with all other provisions of this article, including but not limited to the securing of a permit within the 284 AUG 31 2010

time required and the payment of the special charge and making of permanent restoration in the manner and time required by sections 4-5-133, and 4-5-135, and 4-5-144.

“(c) Any and all utilities and/or franchisees shall provide current contact information, including the name of a designated person, address, telephone, cell phone, email or other electronic means of communication to the city engineer to report an emergency repair to be made under this section. Should the city become independently aware of a cut to any pavement under this section, the city shall notify utility or franchisee to comply with permit requirements. Failure to comply shall result in a permit fee of not less than two hundred dollars ($200.00). The contact information described herein shall be made available to the city engineer upon request.

“Sec. 4-5-133 Same; special charge; when required.

“Subject to the provisions of sections 4-5-36, 4-5-134, and 4-5-135 and 4-5-144, any person desiring to make or who has under section 4-5-132 made any opening, cut or excavation in or under the surface of any paved, curbed or otherwise improved street, alley or sidewalk for any rightful or necessary purpose to be accomplished speedily and without undue delay in the event the street to be cut or which has been cut has been paved or repaved less than five (5) years next prior to the application for the permit, shall, at the time the excavation permit is applied for and prior to the issuance thereof pay to the city engineer a special charge, to become a part of the general fund of the city, an amount calculated according to the age of the pavement, as follows: During the first twelve (12) months after completion, five hundred one thousand dollars ($500.00 $1000.00); during the second twelve (12) months, four eight hundred dollars ($400.00 $800.00); during the third twelve (12) months, three six hundred dollars ($300.00 $600.00); during the fourth twelve (12) months, two four hundred dollars ($200.00 $400.00); and during the fifty fifth twelve (12) months, one two hundred dollars ($100.00 $200.00).

“Sec. 4-5-134 Same; same; when payment excused.

“In the event that the city engineer shall, in his sound discretion, determine that due to circumstances beyond the control of any person who owns such property as to which notice was mailed as provided in section 4-5-36 which abuts on or is in any street or alley which has been paved or repaved within five (5) years next preceding the application for a pavement cut permit, improvements on the property have been damaged or destroyed in such a manner as to require a permit for a pavement cut to be issued pursuant to the rebuilding or repair of such destroyed or damaged improvements, then the city engineer may issue a permit for such pavement cut without requiring the payment of the special charge provided in section 4-5-133. In no case shall this special charge be required where notice was not mailed as provided in section 4-5-36.

“Sec. 4-5-135 Same; provision to be made for restoration of pavement.

(a) Prior to the issuance of any permit required by this article, any person for whom application for a permit is made shall, in addition to payment of the special charge provided AUG 31 2010 285 in section 4-5-133, when the payment is required, make provision satisfactory to the city engineer or his authorized deputy for the restoration of any pavement, sidewalk or curb including, at the discretion of the city engineer or his authorized deputy, the payment of a deposit to the city engineer in a reasonable amount as he or his authorized deputy may determine, to assure the proper and timely restoration of the pavement, sidewalk or curb. Any excess of the deposit over the cost of the restoration shall be refunded to the applicant or his agent or contractor. In all cases where the pavement is less than five (5) years old at the time the permit is issued, the restoration shall be made speedily and without undue delay, in accordance with applicable specifications on file in the office of the city engineer, under his supervision or that of his authorized deputy and subject to his final acceptance, this work to be done by a licensed contractor, as specified in section 4-5-112; provided, that in the event a permit is issued to a public utility corporation, the work may be done if authorized in writing by the city engineer or his authorized deputy by competent employees of such utility and shall in all events be in accordance with specifications, supervision and final acceptance hereinabove set out. In all cases where such pavement is over five (5) years old, restoration shall be made by the city except under the provisions of subsection (b) hereof. “(a) The permittee shall restore, or cause to be restored, the pavement for all excavations in streets, alleys, sidewalks or other public ways, and curbs and gutters in accordance with the city of Birmingham’s standard specifications and details. Said specifications and details are on file in the office of the city engineer.

“(b) The cost of restoration shall be paid by the applicant or his agent or contractor for the total cost incurred to restore streets, alleys, sidewalks or other public ways, and curbs and gutters. in the amount of ninety dollars ($90.00) per square yard for restoring with either asphalt or concrete pavement in streets, alleys, sidewalks or other public ways, and in the amount of fifteen dollars ($15.00) per linear foot for restoring of curbs or gutters, such payments to be made promptly upon billing by the city. Upon written authorization of the city engineer, such restoration may be done by a contractor under the conditions herein provided for new paving.

“(c) Prior to the issuance of any permit required by this article, any permittee for whom application for a permit is made to make any opening, cut or excavation in or under the surface of any street, alley, sidewalk or public way of the city shall, in addition to payment of the special charge provided in the section 4-5-133, when the payment is required, deposit with the Department of Finance and continuously maintain a good and sufficient bond in the sum of ten thousand dollars ($10,000) for cuts seventy-five (75) square feet or less or if the cut is greater then seventy-five (75) square feet in an amount to be approved by the city engineer, and made by a surety company duly authorized to do business in Alabama. Said bond shall be conditioned that the person, firm, or corporation, to be known as the principal in said bond, shall observe all ordinances and laws of the City pertaining to said business or businesses, whether now or hereafter enacted, together with all rules and regulations established under the authority of said laws or ordinances; shall perform in a workmanlike manner all work undertaken by said principal in the prosecution of said business or businesses; and shall indemnify and save harmless the said City from all liability 286 AUG 31 2010

occasioned or arising from any activities by said principal, its servants and agents, in any way related to said activities; and shall adequately safeguard all excavations which may be opened by said principal in the streets, alleys, sidewalks and other public ways of said City; and shall restore, or cause to be restored, in accordance with the city of Birmingham’s standard specifications and details, all such portions of said streets, alleys and sidewalks and other public ways excavated by said principal is responsible, pay the costs and expenses thereof, and shall pay all such damages as any person, firm, or corporation may sustain by reason the activities by said principal, its servants, or agents, in the prosecution of said business or businesses. Any person, firm, or corporation injured in person or property by reason of the activities by said principal, or by an act, default, or omission constituting a breach of any of the conditions of this bond, may maintain a suit or action thereon for such injury. Said bond shall also provide that it may be canceled by the surety by giving the city engineer thirty (30) days notice in writing prior to the date of cancellation.

“(d) The bonding requirement in section 4-5-135(c) of this Article is waived if any permittee for whom application for a permit is made has a bond as described in section 4-5- 135(c) on file with the Department of Finance.

“(e) The bonding requirements of section 4-5-135(c) shall not apply to departments of the city.

“Sec. 4-5-136 Same; issuance; fee.

“All permits required by this article shall be issued by the city engineer or his or her designee. authorized deputy, a copy of which shall be furnished to the superintendent of streets and sanitation. A permit fee of fifteen one hundred dollars ($15.00 $100.00) shall be paid for each permit prior to issuance, provided that in the event construction is started before a written permit is granted, no permit shall be issued except upon payment of a fee of fifty two hundred dollars ($50.00 $200.00). The provisions of this section shall apply to all persons alike, whether they are authorized by law or franchise to excavate in or under any of the streets or sidewalks of the city or not.

“Sec. 4-5-137 Same; time limits.

“Any permit issued pursuant to this article shall become null and void in the event work authorized thereunder is not commenced within thirty (30) days seventy-two (72) hours after its issuance or in the event a cessation of work continues for twenty-four (24) hours unless a time extension is granted, in writing, by the city engineer or his or her designee.

“Sec. 4-5-138 Use of sewers or utilities prior to restoration of pavement prohibited; exceptions.

“It shall be unlawful for any person, except a public utility corporation, to use or attempt to use any sewer or public utility for which any pavement, sidewalk or curb cut was made AUG 31 2010 287 until restoration shall have been completed and finally accepted by the city engineer, or his or her designee, where the work is done by a contractor and the cost thereof paid where done by the city.

“Sec. 4-5-139 Excavation under electrical, gas, building and plumbing codes subject to this article.

“All provisions of the electrical code, gas code, building code and plumbing code of the city relating to excavation in streets or alleys, and relating to connections with or use of sewers and utilities requiring a permit for pavement, sidewalk or curb cuts shall be subject to all applicable provisions of this article.

“Sec. 4-5-140 Obstruction of more than half of street or alley. “(a) Except as otherwise provided in section 4-5-14 hereof, it shall be unlawful for any person, firm or corporation to engage in any construction project, pavement or excavation in or adjacent to any roadway, street or alley which shall in any way obstruct more than half of the width of the roadway, street or alley at any time, measured from curb to curb.

“(b) Any person, firm or corporation engaged in any construction, pavement or excavation for which, due to the nature or extent of the work involved, obstruction is necessary of any portion of a roadway, street or alley either within the Central Business District as defined in section 10-1-1(6), or listed in “Schedule II, Through Streets Designated” as established in section 10-10-1 hereof, may obstruct only such portion of the roadway, street or alley as the city engineer, or his or her designee, may deem necessary and shall obtain a permit therefor as provided herein, except as provided in the Technical Code of the City of Birmingham section 2101.1 of the “Building Code of the City of Birmingham” or this section.

“(c) Requests for permits to obstruct any portion of a roadway, street or alley as referred to in subsection (b) hereof for the purpose of construction, pavement or excavation on or adjacent thereto shall be made on a form to be supplied by the city engineer, or his or her designee, and prior to issuance of the permit, the request shall be reviewed and approved by the city engineer, or his or her designee, and shall be reviewed by the traffic engineer and in, the case of any obstruction or use authorized under section 2101 of the building code by the department of inspection services.

“(d) Upon compliance with subsection (c) hereof, a permit shall be issued for a period of time reasonably necessary for the completion of the proposed work and under such restrictions as the issuing and approving authorities may reasonably require for the protection of the public. Such permit may be renewed only upon reapplication and approval.

“(e) A copy of the permit issued pursuant to subsection (d) hereof shall be maintained at the jobsite of the construction, pavement or excavation and shall be produced for inspection by the permittee or his agent or employee in charge upon demand by any authorized city inspector, authorized employee of the city planning, engineering and permits department or traffic engineering department or any city law enforcement officer, any of whom may issue 288 AUG 31 2010

citations for violations of this section.

“(f) Any such obstruction of which no permit has been issued, or which exceeds the limits established in an issued permit, shall be removed immediately upon demand by any of the authorized city employees set out in subsection (e).

“(g) (1) Failure to comply with the permit requirements of this section or (2) failure to comply with any lawful order to remove any unauthorized obstruction shall be punishable in accordance with section 1-1-6, and continued failure to so comply for more than one (1) day shall be punishable as an act or omission of a continuing character under the provisions of section 1-1-7.

“(h) The provisions of this section, or of any other section of this code or of any building code provision, notwithstanding, the city engineer, or his or her designee, may, at his discretion, authorize temporary obstructions of any street, roadway or alley for a period not to exceed one (1) day for emergency repairs to utilities or streets, and shall have the authority to set limits and conditions on such temporary obstructions as he may deem necessary.

“(i) The provisions of the section further notwithstanding, authorized obstruction of any street, alley or roadway shall comply with any and all other or additional requirements or restrictions contained in this code or any other code governing the activity for which the obstruction is necessary, as well as the traffic regulations of the city.

“Sec. 4-5-141 Duty of persons completing work on unimproved, etc., streets, etc.

“Except as otherwise provided in section 4-5-142, whenever an excavation is made in any unimproved, unpaved or oiled street, alley or sidewalk, or the same is otherwise obstructed, any person doing the same shall forthwith, upon completion of the work thereon, proceed to fill in the excavation, to remove all obstructions and to leave any unimproved, unpaved or oiled street, alley or sidewalk in as good condition as he found it, and free from all irregularities, obstructions or unevenness.

“Sec. 4-5-142 How work performed; materials for backfilling.

“In the event any cut, opening or excavation is made in or under the surface of any street or alley which is already paved or which is about to be paved pursuant to the terms of any existing contract, it shall be the duty of the person making the cut, opening or excavation or causing same to be done and of each agent acting for any such person to perform such works in accordance with standard specifications and details prescribed by the city engineer.

“Sec. 4-5-143 Utility installations.

“(a) Utility means any sewer; storm drain; culvert; water main; gas main; telephone line, AUG 31 2010 289 cable or conduit; fiber optic line, cable or conduit; electric power line, cable or conduit; cable and duct; television cable; service connections; or any other main, line, conduit, cable or duct installed in the right-of-way. “(b) Utilities, new construction - Utilities shall be installed behind the curb or beyond the edge of pavement in new subdivisions or commercial developments to the maximum extent practical. The city engineer, or his or her designee, may grant a variance from this requirement on a case-by-case basis to account for unusual site conditions. Replacement of existing utilities shall not be considered new construction.

“(c) Utilities, replacement “1. When existing underground utilities are replaced, the replacement utilities shall be relocated behind the curb or beyond the edge of pavement to the maximum extent practical. The city engineer, or his or her designee, may grant a variance from this requirement on a case-by-case basis to account for unusual site conditions. “2. The permittee shall, to the maximum extent possible, install or caused to be installed, facilities using technologies that are the least disruptive to the pavement. “3. The permittee shall, to the maximum extent possible, connect, or cause to be connected, existing service connections to facilities by utilizing technologies that minimize disruption to the pavement and public.

“Sec. 4-5-144 Restoration requirements.

“(a) Restoration of streets, alleys, sidewalks or other public ways. “1. The permittee shall be responsible for making, or causing to be made, all temporary and permanent pavement repairs. All repairs shall be made in accordance with the city of Birmingham’s standard specifications and details. Said specifications and details are on file in the office of the city engineer. “2. The permittee shall cut, or caused to be cut, the streets, alleys, sidewalks or other public ways to form straight lines and neat rectangular shapes as directed by the city engineer, or his or her designee. “3. The permittee shall install, or cause to be installed, a temporary repair upon completion of the work authorized by a permit. The permittee shall be responsible for maintaining the temporary repair for a period of thirty (30) days and until the permanent repair is made. If the permittee fails to install or maintain the temporary repair, the bond shall be forfeited and the permittee will not be issued any subsequent permits to excavate in the public right-of-way. “4. The permittee shall make, or cause to be made, the permanent repair no later than five (5) business days after expiration of the thirty (30) day period cited on section 4- 5-144(a)3). If the permittee fails to make the permanent repair within the stated time frame, the bond shall be forfeited and the permittee will not be issued any subsequent permits to excavate in the public right-of-way. “5. The permittee shall be responsible for maintaining the permanent repair for one (1) year after completion of the permanent repair. The permittee shall commence, or cause to be commenced, maintenance of the permanent repair within five (5) business days of receipt of written notification from the city engineer, or his or her designee, to perform said 290 AUG 31 2010

maintenance. If the permittee fails to maintain the permanent repair within the time period stated, the bond shall be forfeited and the permittee will not be issued any subsequent permits to excavate in the public right-of-way. “6. The permittee shall replace, or cause to be replaced, existing traffic striping and markings damaged as a result of the work.

“(b) Sidewalk, curb and driveway restoration. “1. The permittee shall replace, cause to be replaced, from joint to joint, all concrete sidewalk and curb sections that are disturbed, disrupted or damaged as a result of the permitted work. “2. The permittee shall bore, or cause to be bored, all driveways where possible. The city engineer, or his or her designee, may grant a variance from this requirement on a case-by-case basis to account for unusual site conditions. Driveways that are allowed to be open cut shall be saw cut to form straight lines across the driveway. The city engineer, or his or her designee, may require that the entire driveway be replaced if it is determined to be in the best interest of the city to do so. “3. The permittee shall make, or cause to be made, all concrete repairs in accordance with the city of Birmingham’s standard specifications and details. Said specifications and details are on file in the office of the city engineer. “4. If the permittee fails to replace, or fails to cause to be replaced, as directed by the city engineer or his designee, any sidewalk, curbs or driveways that are disturbed, disrupted or damaged as a result of the permitted work, the bond shall be forfeited and the permittee will not be issued any subsequent permits to excavate in the public right-of-way.

“Sec. 4-5-145 Appealing decisions of the City Engineer.

“Any discretionary decision of the city engineer, or his or her designee, referenced in Sec. 4-5-144 which results in loss of property interests or costs other than set fees may be appealed to the city council for a public hearing on the matter. Person or permittee shall be required to provide written notice to the city engineer and the city clerk to request such hearing within fourteen (14) days of receipt of written notice of decision or the challenge to such decision or cost is waived. Upon a filing of a timely written Notice of Appeal hereunder filed in the Office of the City Clerk, a public hearing on the matter before the city council will be held within thirty (30) days of the filing of the Notice of Appeal.”

The ordinance was read by the Deputy City Clerk, whereupon Councilmember Smitherman made a motion that unanimous consent be granted to adopt said resolution, which motion was seconded by Councilmember Parker and upon the roll being called, the vote was as follows:

Ayes: Abbott, Austin, Hoyt, Parker, Rafferty, Roberson, Scales, Smitherman, Royal Nays: None

The vote was then announced by the Deputy City Clerk, whereupon the Presiding Officer declared the motion to give unanimous consent for adoption of said resolution adopted.

AUG 31 2010 291

Whereupon Councilmember Smitherman made a motion that said resolution be adopted, which motion was seconded by Councilmember Rafferty, and upon the roll being called, the vote was as follows:

Ayes: Abbott, Austin, Hoyt, Parker, Rafferty, Roberson, Scales, Smitherman, Royal Nays: None

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

The following ordinance was introduced by Councilmember Smitherman

ORDINANCE NO. 10-116

WHEREAS, on May 5, 1981, by Resolution No. 530-81, the Council of the City of Birmingham adopted and approved an urban redevelopment plan for Downtown Birmingham entitled “Comprehensive Revitalization Strategy, Redevelopment Plan and Urban Renewal Plan for the Master Plan for Downtown Birmingham, Alabama,” which plan was amended and restated by “The City Center Master Plan” adopted by the Council of the City of Birmingham on October 29, 1991, by Resolution No. 2166-91 (the “Master Plan”); and

WHEREAS, the Community Renewal Plan and the Master Plan identified those neighborhoods and communities throughout the City of Birmingham which contained blight or blighting factors, and which were in need of renewal and redevelopment; and

WHEREAS, on the May 2, 1995, by Resolution No. 821-95, the Council of the City of Birmingham approved and adopted an urban renewal and urban redevelopment plan for the Downtown Northwest area of the City of Birmingham entitled “Urban Renewal and Urban Redevelopment Plan for Downtown Northwest”, which plan was revised by Resolution No. 355- 99 adopted by the Council of the City of Birmingham on January 26, 1999, and by Resolution No. 3235-00 adopted by the Council of the City of Birmingham on November 21, 2000 (hereinafter, as revised, referred to as the “Downtown Northwest Plan”); and

WHEREAS, the Downtown Northwest Plan was adopted in furtherance and in implementation of the Community Renewal Plan and the Master Plan; and

WHEREAS, the Downtown Northwest Plan describes a project area (the “Project Area”) which is located entirely with the boundaries of the Community Renewal Plan, and which contains blight or blighting factors; and 292 AUG 31 2010

WHEREAS, the Downtown Northwest Plan makes findings that such Project Area contains blight and blighting factors which are in need of renewal, that these blight and blighting factors impair the economic values and tax revenues of the City, and that if the Project Area is not renewed and redeveloped, such conditions will constitute a threat to the health, safety, morals and welfare of the residents of the City of Birmingham; and

WHEREAS, the Downtown Northwest Plan represents a responsive policy framework within which specific actions and strategies can be employed to guide public and private actions affecting development and revitalization within the Project Area; and

WHEREAS, pursuant to Chapters 2 and 3 of Title 24, Code of Alabama (1975) and the Downtown Northwest Plan, the City is authorized to acquire and dispose of property located within the Project Area and to enter into contracts with redevelopers to develop all or any part of the Project Area in accordance with the requirements of the Downtown Northwest Plan; and

WHEREAS, Section 24-2-6 of the Code of Alabama (1975) authorizes the City to make land in a redevelopment project available for use by private enterprise at its “use value,” which represents the value at which the City determines such land should be made available in order that it may be redeveloped for the purposes specified in the Downtown Northwest Plan; and

WHEREAS, Section 24-3-1 of the Code of Alabama (1975) mandates that the City, to the greatest extent it determines to be feasible in carrying out the provisions of the urban renewal law, shall afford maximum opportunity to the rehabilitation or redevelopment of areas by private enterprise; and

WHEREAS, the City owns certain real estate consisting of (i) two lots located at 912 12th Street North and 920 12th Street North, Birmingham, totaling approximately 58,800 square feet of land and (ii) a former railroad right-of-way (the “ROW Property”) donated to the City by the Alabama Department of Transportation (“ALDOT”), which is subject to a restrictive covenant (the “Restrictive Covenant”) limiting the use of such property to “public and non-proprietary purposes” (the two lots described in (i) above and the ROW Property are collectively referred to herein as the “Redevelopment Property”); and

WHEREAS, Immanuel Group, Inc. (“Redeveloper”) owns or has contracts to acquire additional property located in the same block as the Redevelopment Property (the “Acquisition Property”); and

WHEREAS, Redeveloper has identified an additional parcel located at 1119 10th Avenue North which adjoins the Redevelopment Property and which has been sold to the State of Alabama for non-payment of property taxes (the “Tax Delinquent Property”, and referred to together herein with the Redevelopment Property and the Acquisition Property as the “Project Site”); and

WHEREAS, the Project Site is located within the Project Area; and

WHEREAS, Redeveloper has proposed a project (the “Project”) to reduce or eliminate blight or blighting factors in the Project Area through the development of approximately 73,000 square feet of Class A professional office space for a single federal/state government tenant on the AUG 31 2010 293

Project Site, with a minimum of 250 parking spaces, which tenant is expected to employ a minimum of 200 employees, at a total estimated investment by Redeveloper of $12,000,000, or in the alternative, for the development of alternative office uses of the Project Site; and

WHEREAS, the Project Site is unoccupied and under-utilized and the City finds that the Project Site is in need of redevelopment to alleviate blight and blighting factors in the Project Area; and

WHEREAS, in order to effectuate the Project, the City and Redeveloper have agreed that, upon the satisfaction of certain conditions, the City (i) will transfer title to the Redevelopment Property to Redeveloper at a use value of $22,100 and will release certain demolition liens against two of the lots which comprise the Redevelopment Property (the “Demolition Liens”), (ii) will make application to the State of Alabama to acquire the Tax Delinquent Property for $100.00 and thereafter transfer the Tax Delinquent Property to Redeveloper, and (iii) will use its best efforts to secure the release from ALDOT of the Restrictive Covenant, including transferring title to the ROW Property to ALDOT or to Redeveloper, as necessary; and

WHEREAS, the City has found that, in its judgment, it is necessary and appropriate for purposes of the Project and to implement the Downtown Northwest Plan and the Community Renewal Plan for the City to convey the Redevelopment Property to Redeveloper at such use value, to release the Demolition Liens, to acquire and transfer to Redeveloper an interest in the Tax Delinquent Property and to pursue the release of the Restrictive Covenant; and

WHEREAS, the City has found that the development of the Project on the Project Site will further and implement the purposes and objectives of the Downtown Northwest Plan and the Community Renewal Plan and, accordingly, is a public use, is for a public purpose, is in the public interest and will benefit the public by eliminating blight and blighting conditions in the Project Area, by revitalizing the Redevelopment Property, the Project Site and the Project Area, and by promoting economic growth in the City; and

WHEREAS, the City and Redeveloper desire to enter into a Redevelopment Agreement to set forth their mutual rights and obligations concerning the redevelopment of the Redevelopment Property, the Project Site and the development of the Project.

NOW, THEREFORE, BE IT ORDAINED 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, a Redevelopment Agreement with Immanuel Group, Inc., in substantially the same form as on file in the Office of the City Clerk, under which the City (i) will transfer title to the two lots located at 912 12th Street North and 920 12th Street North, to Immanuel Group, Inc. for a price of $22,100, and will release certain demolition liens against the lots, (ii) will make application to the State of Alabama to acquire the Tax Delinquent Property for $100, and will thereafter convey its interest in the Tax Delinquent Property to Immanuel Group, Inc. and (iii) will use its best efforts to secure the release from ALDOT of the Restrictive Covenant on the ROW Property, including transferring title to the ROW Property to ALDOT or to Immanuel Group, Inc., as necessary, and Immanuel Group, Inc. will make a bid for the Project involving the development of approximately 73,000 294 AUG 31 2010 square feet of Class A professional office space for a single federal/state government tenant, with a minimum of 250 parking spaces, which tenant is expected to employ a minimum of 200 employees, at a total estimated investment by Immanuel Group, Inc. of $12,000,000.

BE IT FURTHER ORDAINED, that the Mayor be and hereby is authorized to execute any and all deeds and instruments and to do all things necessary and desirable to convey the Redevelopment Property and the Tax Delinquent Property to Immanuel Group, Inc. and to transfer title to the ROW Property to ALDOT or to Immanuel Group, Inc. as necessary to carry out and effectuate the provisions of this Ordinance, the City Council hereby finding and confirming that the Redevelopment Property, the Tax Delinquent Property, and the ROW Property are not needed for public or municipal purposes.

Whereupon Councilmember Abbott made a motion to suspend the rules to allow Councilmember Yvonne Green Davis additional time to speak, which motion was seconded by Councilmember Austin and adopted.

The ordinance was read by the Deputy City Clerk, whereupon Councilmember Smitherman moved its adoption which motion was seconded by Councilmember Rafferty, and upon the roll being called the vote was as follows:

Ayes: Abbott, Austin, Hoyt, Parker, Rafferty, Roberson, Royal, Scales Nays: Smitherman

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

Councilmember Abbott made a motion to suspend the rules for Councils Hometown Celebration for UAB, which motion was seconded by Councilmember Austin and adopted.

The following resolution was introduced by Councilmember Royal.

RESOLUTION NO. 1316-10

WHEARAS the Council of the City of Birmingham has declared August 31, 2010 as University of Alabama at Birmingham “Blazer” Day. We join with the citizens of Birmingham to honor and encourage the coaches, athletes and the entire UAB “Blazer” family on their upcoming football season; and

WHEREAS the UAB “Blazers” are set to begin their 2010 football season against Florida Atlantic, Thursday, September 2, 2010, at the historic Legion Field Stadium in Birmingham, Alabama; and

AUG 31 2010 295

WHEARAS, the University of Alabama at Birmingham was founded in the fall of 1969. The school is ranked among the Top-100 Universities in the United States and has received international recognition for its innovative academic programs and leading edge research; and

WHEREAS, University of Alabama at Birmingham is the state’s largest single employer with more than 18,000 employees. UAB is located in the heart of downtown Birmingham and is ranked in the top 10 nationally for student diversity; and

WHEREAS, the inaugural season for the UAB “Blazers” Football Team was in the fall of 1991. The team has achieved many noteworthy accomplishments during its years of competing. Currently, UAB has four of its former players on NFL rosters. Most notably, Roddy White and Birmingham native, Joe Webb; and

WHEREAS, the UAB “Blazers” are members of the Conference USA; they are led by Head Coach, Neil Calloway and a host of dedicated assistant coaches; and

WHEREAS the UAB “Blazers” enter this season poised to achieve great success; they return eight offensive starters and nine defensive starters; and

WHEREAS, the UAB “Blazers” are proud of what they have accomplished on and off the field; over the past three years, UAB has had 41 student-athletes named to the Conference USA Commissioner’s Honor Roll.

NOW THEREFORE, BE IT RESOLVED by the Birmingham City Council, with Mayor William A. Bell, Sr. concurring, that we hereby recognize the University of Alabama at Birmingham “Blazer” Football Team and declare August 31, 2010 as UAB “Blazer” Day in the City of Birmingham.

ADOPTED this Thirty-First day of August, Two Thousand and Ten at the recommendation of Birmingham City Council President, Roderick V. Royal, MPA

The resolution was read by the Deputy City Clerk, whereupon Councilmember Royal made a motion that unanimous consent be granted to adopt said resolution, which motion was seconded by Councilmember Hoyt, and upon the roll being called, the vote was as follows:

Ayes: Abbott, Austin, Hoyt, Parker, Rafferty, Roberson, Scales, Smitherman, Royal Nays: None

The vote was then announced by the Deputy City Clerk, whereupon the Presiding Officer declared the motion to give unanimous consent for adoption of said resolution adopted.

Whereupon Councilmember Royal made a motion that said resolution be adopted, which motion was seconded by Councilmember Abbott, and upon the roll being called, the vote was as follows:

296 AUG 31 2010

Ayes: Abbott, Austin, Hoyt, Parker, Rafferty, Roberson, Scales, Smitherman, Royal Nays: None

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

Councilmember Royal absented himself.

The following resolution was introduced by Councilmember Abbott:

RESOLUTION NO. 1317-10

Resolution authorizing the filing of applications with the Federal Transit Administration, an operating administration of the United States Department of Transportation, for Federal transportation assistance authorized by 49 U.S.C. Chapter 53, Title 23 United States Code and other Federal statutes administered by the Federal Transit Administration.

WHEREAS, the Federal Transportation Administrator has been delegated authority to award Federal financial assistance for a transportation project;

WHEREAS, the grant or cooperative agreement for Federal Financial assistance will impose certain obligations upon the applicant, and may require the Applicant to provide the local share of the project cost;

WHEREAS, the Applicant has or will provide all annual certifications and assurances to the Federal Transit Administration required for the project;

NOW, THEREFORE, BE IT RESOLVED BY the City of Birmingham, Alabama: 1. The Acting Chief Assistant City Attorney or his/her designee is authorized to execute and file application for Federal assistance on behalf of the City of Birmingham, Alabama with the Federal Transit Administration for Federal Assistance authorized by 49 U.S.C. Chapter 53, Title 23, United States Code, or other Federal statutes authorizing a project administered by the Federal Transit Administration, (if the applicant is requesting Urbanized Area Formula Program assistance authorized by 49 U.S.C. §5307, either alone or in addition to other Federal assistance administered by the Federal Transit Administration) the resolution should state whether the Applicant is the Designated Recipient as defined by 49 U.S.C.§5307 (A.)(2) OR WHETHER THE applicant has received authority from the Designated Recipient to apply for Urbanized Area Formula Program assistance. 2. The Acting Chief Assistant City Attorney or his/her designee is authorized to execute and file with its application the annual certification and assurances and other document the Federal Transportation Administration requires before awarding a Federal assistance grant or cooperative agreement. AUG 31 2010 297

3. The Acting Chief Assistant City Attorney or his/her designee is authorized to execute grant and cooperative agreements with the Federal Transit Administration on behalf of the City of Birmingham, Alabama.

The resolution was read by the Deputy City Clerk, whereupon Councilmember Abbott moved its adoption which motion was seconded by Councilmember Rafferty, and upon the roll being called the vote was as follows:

Ayes: Abbott, Austin, Hoyt, Parker, Rafferty, Roberson, Scales, Smitherman Nays: None

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

Councilmember Royal returned and took his seat as a Councilmember

The following resolution was introduced by Councilmember Rafferty

RESOLUTION NO. 1318-10

BE IT 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, a Development Agreement with McWane, Inc., in substantially the same form as on file in the Office of the City Clerk, under which McWane, Inc. will undertake the “Greenwood Storm Water Treatment System and Park Project”, which will involve McWane, Inc.’s development of a public park and recreation area and a storm water treatment system on approximately 34 acres of City-owned property located on Tallapoosa Street.

Whereupon Councilmember Royal made a motion to suspend the rules to allow additional time to speakers, which motion was seconded by Councilmember Rafferty and adopted.

The resolution was read by the Deputy City Clerk, whereupon Councilmember Rafferty moved its adoption which motion was seconded by Councilmember Austin, and upon the roll being called the vote was as follows:

Ayes: Abbott, Austin, Hoyt, Parker, Rafferty, Roberson, Scales, Smitherman, Royal Nays: None

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

The following resolution was introduced by Councilmember Roberson

298 AUG 31 2010

RESOLUTION NO. 1319-10

BE IT RESOLVED by the Council of the City of Birmingham that the appointment GameDay Management Group, Orlando, FL, in an amount not to exceed $40,440.00, to facilitate and coordinate the shuttle system for the 2010 Magic City Classic Football Game scheduled for October 30, 2010, at Legion Field, be and the same hereby is approved, and; BE IT FURTHER RESOLVED that the Mayor is hereby authorized to execute the appointment letter on behalf of the City. Appropriated for in FY2010 - 2011 Budget GL Account: 001_400_96100_96112.550-002

The resolution was read by the Deputy City Clerk, whereupon Councilmember Roberson moved its adoption which motion was seconded by Councilmember Austin, and upon the roll being called the vote was as follows:

Ayes: Abbott, Austin, Hoyt, Parker, Rafferty, Roberson, Scales, Smitherman, Royal Nays: None

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

The following resolution was introduced by Councilmember Abbott

RESOLUTION NO. 1320-10

BE IT RESOLVED by the Council of the City of Birmingham that the appointment Volkert & Associates, Inc., Birmingham, AL, in an amount not to exceed $344,000.00, to provide professional engineering services for the permitting of the New Georgia Unit 1, Phase 2 Municipal Solid Waste (MSW) Landfill and other miscellaneous services, be and the same hereby is approved, and; BE IT FURTHER RESOLVED that the Mayor is hereby authorized to execute the appointment letter on behalf of the City. Appropriated for in FY2010 - 2011 Budget GL Account: 116_320.527-014

The resolution was read by the Deputy City Clerk, whereupon Councilmember Abbott moved its adoption which motion was seconded by Councilmember Hoyt and upon the roll being called the vote was as follows:

Ayes: Abbott, Austin, Hoyt, Parker, Rafferty, Roberson, Scales, Smitherman, Royal Nays: None

The vote was then announced by the Deputy City Clerk, whereupon the Presiding Officer declared the resolution adopted. AUG 31 2010 299

The following resolution was introduced by Councilmember Abbott

RESOLUTION NO. 1321-10

WHEREAS, the Neighborhood Associations are periodically called upon to provide financial support of activities and programs of the City Board of Education of Birmingham, Alabama (the “Board”) within the various neighborhoods by requesting to use City Funding to pay for certain school-related 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 and can result in the underutilization of human potential; and

WHEREAS, the Council finds that it is a matter of public purpose to enhance educational opportunities in order to strengthen our community and make the City a more attractive place in which to live and work and that the use of City Funding in support of the Board for the following activities constitutes a public purpose and serves the best interest of the citizens of Birmingham: (a) $2,000.00 from the funds allocated to the North Avondale Neighborhood Association for travel expenses associated with field trips for Whatley K-8 School, (b) $1,500.00 from funds allocated to the Ensley-Highlands Neighborhood Association in support of Jackson-Olin High School’s Band program, and (c) $1,000.00 from funds allocated to Central Pratt Neighborhood Association in support of the English, Mathematics, Science, Social Studies and Fine Arts Departments at Jackson-Olin High School.

NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Birmingham, Alabama that expenditure of funds as follows constitutes a public purpose: (a) $2,000.00 from the funds allocated to the North Avondale Neighborhood Association for travel expenses associated with field trips for Whatley K-8 School, (b) $1,500.00 from funds allocated to the Ensley-Highlands Neighborhood Association in support of Jackson-Olin High School’s Band program, and (c) $1,000.00 from funds allocated to Central Pratt Neighborhood Association in support of the English, Mathematics, Science, Social Studies and Fine Arts Departments at Jackson-Olin High School, subject to the availability of funds remaining in the allocation for the participating neighborhood associations.

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, Agreements with the City Board of Education of the City of Birmingham, Alabama, which have been requested by the North Avondale, Ensley-Highlands and Central Pratt Neighborhood Associations for the activities 300 AUG 31 2010 authorized herein, under which the City will provide funding from the allocation of funding for these Neighborhood Associations under the terms provided in the Agreements.

The resolution was read by the Deputy City Clerk, whereupon Councilmember Abbott moved its adoption which motion was seconded by Councilmember Parker, and upon the roll being called the vote was as follows:

Ayes: Abbott, Austin, Hoyt, Parker, Rafferty, Roberson, Scales, Smitherman, Royal Nays: None

The vote was then announced by the Deputy City Clerk, whereupon the Presiding Officer declared the resolution adopted. ] The following resolution was introduced by Councilmember Hoyt

RESOLUTION NO. 1322-10

BE IT RESOLVED by the Council of the City of Birmingham, Alabama that David Barnes, an attorney licensed to practice law in the State of Alabama and who is a qualified elector of said State of Alabama is hereby reappointed as a full-time judge of the Municipal Court of the City of Birmingham, said term expiring April 30, 2014, upon making and filing the oath as provided by law, and

BE IT FURTHER RESOLVED by the Council of the City of Birmingham, Alabama that Brendette Brown Green, an attorney licensed to practice law in the State of Alabama and who is a qualified elector of said State of Alabama is hereby appointed as a full-time judge of the Municipal Court of the City of Birmingham, said term expiring March 27, 2014, upon making and filing the oath as provided by law, and

BE IT FURTHER RESOLVED that Judge Barnes and Judge Green shall devote their full time to duties as municipal judges and shall not engage in the practice of law or receive any remuneration for judicial services except the salary and allowances authorized by the City and shall not be otherwise employed in any capacity by the City of Birmingham during their terms of office; and

BE IT FURTHER RESOLVED by the Council of the City of Birmingham, Alabama that Deborah W. Montgomery, an attorney licensed to practice law in the State of Alabama and who is a qualified elector of said State of Alabama is hereby reappointed a special judge of the Municipal Court of the City of Birmingham, said term expiring August 26, 2012, upon making and filing the oath as provided by law and shall not be otherwise employed in any capacity by the City of Birmingham during her term of office; and

BE IT FINALLY RESOLVED by the Council of the City of Birmingham, Alabama that Traci A. Todd, an attorney licensed to practice law in the State of Alabama and who is a qualified elector of said State of Alabama is hereby appointed a special judge of the Municipal Court of the AUG 31 2010 301

City of Birmingham, said term expiring August 26, 2012, upon making and filing the oath as provided by law and shall not be otherwise employed in any capacity by the City of Birmingham during her term of office.

The resolution was read by the Deputy City Clerk, whereupon Councilmember Hoyt moved its adoption which motion was seconded by Councilmember Abbott, and upon the roll being called the vote was as follows:

Ayes: Abbott, Austin, Hoyt, Parker, Rafferty, Roberson, Scales, Smitherman, Royal Nays: None

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

The following resolution was introduced by Councilmember Abbott

RESOLUTION NO. 1323-10

BE IT RESOLVED by the Council of the City of Birmingham that payment to COBAN Technologies, Inc., Stafford, TX, in an amount not to exceed $85,000.00/year, renewable annually subject to the availability of funds, for maintenance of COBAN video mobile data equipment and software for the Police Department. This is the only source of supply. Appropriated for in FY2010 - 2011 Budget GL Account: 035_043.512-009

The resolution was read by the Deputy City Clerk, whereupon Councilmember Abbott moved its adoption which motion was seconded by Councilmember Roberson, and upon the roll being called the vote was as follows:

Ayes: Abbott, Austin, Hoyt, Parker, Rafferty, Roberson, Scales, Smitherman, Royal Nays: None

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

The following ordinance was introduced by Councilmember Rafferty

"An Ordinance “TO FURTHER AMEND THE FIREMEN’S PENSION AND RELIEF FUND BUDGET AND THE VOLUNTARY RETIREMENT INCENTIVE PLAN FUND BUDGET” by transferring $9,203,187.00 from Funds Available and appropriating $9,203,187.00 to Fund 002, Voluntary Retirement Incentive Plan, VRIP Payments for payments pursuant to the approved plan."

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The ordinance was read by the Deputy City Clerk, whereupon Councilmember Smitherman made a motion to add at the end of the ordinance the wording "BE IT FURTHER ORDAINED that all funds must be used for the VRIP payments only, and any monies left must be returned to the original Firemen's Pension and Relief Fund." which motion was seconded by Councilmember Royal, and upon the roll being called, the vote was as follows:

Ayes: Abbott, Austin, Hoyt, Parker, Rafferty, Roberson, Scales, Smitherman, Royal Nays: None

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

Whereupon Councilmember Royal made a motion which motion was seconded by Councilmember Abbott to adopt the ordinance as amended as follows:

ORDINANCE NO. 10-117

AN ORDINANCE TO AMEND THE FIREMEN’S PENSION AND RELIEF FUND BUDGET AND THE VOLUNTARY RETIREMENT INCENTIVE PLAN FUND BUDGET

BE IT ORDAINED by the Council of the City of Birmingham that the budget for the Firemen’s Pension and Relief Fund Budget and the Voluntary Retirement Incentive Plan Fund Budget for the fiscal year ending June 30, 2011, be and the same is hereby amended as follows:

Amount Title of Appropriation Increase/Decrease Fund 018 Firemen's Pension and Relief Fund Funds Available $ (9,203,187.00) Transfer to Fund 002 Voluntary Retirement Incentive Program 9,203,187.00 $ - Fund 002 Voluntary Retirement Incentive Fund Revenue Transfer from Fund 018 Firemen's Pension and Relief Fund $ 9,203,187.00 Appropriation VRIP Payments $ 9,203,187.00

Recommendation by the Mayor:

I recommend the above appropriation in the amount of $9,203,187.00 AUG 31 2010 303

Respectfully, William A. Bell, Sr./s/ William A. Bell, Sr. Mayor

Certification of the Director of Finance:

I hereby certify that there is available in the Firemen’s Pension and Relief Fund Budget and Voluntary Retirement Incentive Plan Budget of the City of Birmingham $9,203,187.00 unencumbered and unappropriated, sufficient to meet the additional appropriation of $9,203,187.00 provided for in the proposed ordinance.

Respectfully, J. Tom Barnett, Jr./s/ J. Tom Barnett, Jr. Director of Finance

BE IT FURTHER ORDAINED that all funds must be used for the VRIP payments only, and any monies left must be returned to the original Firemen's Pension and Relief Fund.

and upon the roll being called, the vote was as follows:

Ayes: Abbott, Austin, Hoyt, Parker, Rafferty, Roberson, Scales, Smitherman, Royal Nays: None

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

Councilmember Smitherman absented herself

Councilmember Roberson absented himself

Councilmember Austin absented himself

Deborah Witt, Post Office Box 110754 appeared relative to the Transit Advisory Committee and to ask the Mayor and Council to appoint four (4) persons to the Transit Advisory Committee that will include transit sensitive people and people with special needs, and to ask that the Council give $1,000.00 each from all Council districts to fund the committee along with $1,000.00 from the Mayor's budget.

Councilmember Rafferty absented herself

Councilmember Roberson returned and took his seat as a Councilmember 304 AUG 31 2010

Rev. G. Larry Pettaway, 1439 Hendrix Drive appeared relative to asking to meet with Councilmember Hoyt about a constituent in District 8 and about the City funds for perpetual care at Shadow Lawn Cemetery.

Charles R. Barber, Jr., 2901 - 33rd Street North appeared relative to letters he received from the City for possible environmental court violations and the stress he feels that they have caused him.

Teresa Simerton, 2825 Brookhaven Avenue S.W. appeared relative to lights being needed at Wiggins Park.

James Reece, 845 Gadsden Highway appeared relative to presenting a proposed ordinance to the Council relative to insuring that all employees hired for construction jobs be legal citizens.

Councilmember Rafferty returned and took her seat as a Councilmember.

Jonathan Norris, 4708 Highgrove Drive, Bessemer appeared relative to the City's passage of laws that requires firearms to be banned from public places.

William Kindall who requested to speak did not appear.

Councilmember Royal made a motion to eliminate Presentations and Old and New Business, which motion was seconded by Councilmember Rafferty and adopted.

THE FOLLOWING MATTER WAS REFERRED TO THE TRANSPORTATION AND COMMUNICATION COMMITTEE

A Resolution rescinding Resolution No. 1387-06, adopted by the Council June 13, 2006, revoking the Certificates of Public Necessity and Convenience to operate a bus service issued to HTRC, Inc, d/b/a Camelot Bus Charters and Tours, Cropwell, Alabama, at the recommendation of the Law Department.

ALL OTHER MATTERS WENT OVER.

Upon motion by the Presiding Officer, the Council adjourned at 1:18 o’clock p.m.

Approved: October 12, 2010

AUG 31 2010 305

PRESIDENT OF THE COUNCIL

Printed Name

DEPUTY CITY CLERK

Printed Name

APPROVED AS TO FORM:

ACTING CHIEF ASSISTANT CITY ATTORNEY

Printed Name

NOTE: The following matter was withdrawn:

A Resolution authorizing the Mayor to execute a Loan Agreement with DGSG, Inc., under which the City will provide an Economic Development Stimulus Loan to DGSG, Inc. in an amount not to exceed $440,322.00 for a term of two (2) years at an interest rate of 2.5% per annum, which loan shall be secured by an irrevocable letter of credit in the amount of $440,322.00 plus interest with the loan proceeds to be used in connection with the restructuring of the debt associated with the John’s City Diner eatery, which is located at 112 Richard Arrington, Jr. Boulevard, North, Birmingham, in order to rebuild its customer base, rebrand the eatery, renovate the location and add six to ten new jobs over the next three (3) years.

Those properties declared by Resolution No. 1149-10 on July 27, 2010 to be noxious and dangerous, whereon said weeds have been abated:

4 22-31-4-17-01.000-RR; 1415 AVENUE H, LOTS 7 & 8 BLK 14-H ENSLEY

6 23-28-3-12-07.001-RR; 906 47TH WAY S, LOT 12 BLK 9 J R PHILLIPS SUR SECT 28 TWSP 17S RANGE 2W

7 29-21-2-16-06.000-RR; 1724 LAUREL AVE, LOT 7 BLK 23 PLAT A ISHKOODA

306 AUG 31 2010

9 23-21-1-20-11.000-RR; 7 60TH ST S, POB 110 FT NW OF NE INTER 1ST AVE S & 60TH ST S TH

10 23-21-1-20-09.000-RR; 3 60TH ST S, POB 170 FT S NW OF NE INTER 60TH ST S & 1ST AV

11 23-27-2-07-01.000-RR; 5654 CRESTWOOD BLVD, LOT 16 BLK 8 CRESTWOOD ADD TO WOODLAWN HGHLDS 1ST SECTOR

12 23-22-3-08-13.000-RR; 6024 5TH CT S, LOT 3 BLK 13 WOODLAWN REALTY CO 4TH ADD

14 23-11-3-15-02.000-RR; 8039 3RD AVE S, LOT 15 BLK 125 EAST LAKE

35 22-25-2-35-02.001-RR; 1224 21ST ST N, BEG AT A PT ON W/L OF 22ND ST 89.4 FT S OF INTERSECT W 21ST PLACE NO TH CONT SELY 50 FT TH SW 155 FT TH NE 74.9 FT TH NE

45 23-21-3-04-09.000-RR; 909 52ND PL N, LOT 31 E S GILLETTE LESS PT FOR ALLEY

52 23-15-1-27-10.000-RR; 7300 1ST AVE S, LOT 1 BLK 11 EAST LAKE

53 23-30-1-02-17.000-RR; 3824 5TH CT N, LOTS 9 & 10 BLK 84 AVONDALE

54 23-21-3-20-19.000-RR; 4 53RD ST N, S 60 FT S LOTS 11+12 BLK 5 MONTGOMERY & PARKS SURV

56 23-30-1-02-17.001-RR; NEXT TO 3824 5TH CT N, LOT 11 BLK 84 AVONDALE LAND COMP 1/22

57 23-28-2-37-05.000-RR; 4711 6TH AVE S, LOT 28 C A HAWKINS SUR

66 23-15-3-08-04.000-RR; 506 68TH ST N, LOTS 3 & 5 BLK 3 LAKEWOOD PARK ALSO LOT S OUTLAW RESUR OF PART OF BLKS 2 & 3 & 4 & 6 LAKEWOOD PARK

69 22-23-1-49-10.000-RR; 2415 22ND ST N, N SO 34 FT OF LOTS 13 TO 16 BLK 307 NO BHAM

70 22-23-1-52-01.000-RR; 2420 22ND ST N, LOTS 1 THRU 4 BLK 308 NO BHAM LESS PT IN 25TH AVE

71 22-23-3-01-01.000-RR; 2414 21ST ST N, LOTS 27 & 28 & 29 & 30 & 31 & 32 BLK 309 NO BHAM

72 22-23-3-01-02.000-RR; 2019 24TH CT N, LOTS 25 & 26 BLK 309 N BHAM

73 22-23-3-01-08.000-RR; 2014 24TH AVE N, SLY 125 FT LOTS 23 & 24 BLK 309 NO BHAM

76 22-23-3-01-05.000-RR; 2409 20TH ST N, BEG AT INTERSECTION OF N ROW OF 24TH AVE N AND E ROW 20TH ST NORTH TH N 80 FT TO POB TH N 40 FT E 90 FT S 40 FT W 90 CONTINUED

AUG 31 2010 307

77 22-23-3-01-06.000-RR; 2405 20TH ST N, N 40 FT OF S 80 FT OF LOTS 17 THRU 20 BLK 309 NO B

83 23-28-3-12-04.000-RR; 924 47TH WAY S, LOT 8 BLK 9 J R PHILLIPS SUR

85 23-20-3-10-26.000-RR; 4117 RICHARD ARRINGTON JR BLVD N, LOTS 21+22 BLK 5 KINGSTON SEC 20 TP 17 R 2

86 23-20-3-07-04.000-RR; 4112 RICHARD ARRINGTON BLV N, LOT 4 EXC N 60 FT & W 34.4 FT OF LOT 3 EXC N 60 FT THEREOF IN BLK 4 NO KINGSTON

88 23-20-2-11-24.000-RR; 4240 11TH AVE N, LOT 10 BLK 1 N KINGSTON

93 22-31-3-54-06.000-RR; 2208 AVENUE I, S 90 FT OF LOTS 19 & 20 BLK 22-H ENSLEY

97 23-20-2-07-12.000-RR; 1216 43RD ST N, LOT 5 BLK 1 KING LD & IMP CO RESUR OF BLK 1 & 2 & LOTS 1 TO 3 & 10 TO 12 BLK 3 & LOTS 1 TO 3 BLK 5 KING LD & IMP CO CONTINUED

108 23-22-2-34-08.000-RR; 317 62ND ST S, LOT 5 BLK 3 FREYS ADD TO WOODLAWN

111 23-08-3-26-13.000-RR; 4222 43RD AVE N, LOT 16 BLK 5 MTN PARK RESUR

131 23-15-1-36-03.000-RR; 110 73RD ST S, SE 66.9 FT OF LOT 10 BLK 3 EAST LAKE

136 22-31-1-31-08.000-RR; 1225 AVENUE I, LOT 12 C C BERRY SUB

150 22-19-4-08-01.026-RR; 7 WOODCREST DR, LOT 12 BLK 2 WOODCREST ADD TO SOUTHAMPTON 151/82

156 22-31-3-44-10.000-RR; 2112 AVENUE I, LOTS 17+18 BLK 21-H ENSLEY

159 23-22-1-02-06.000-RR; 6821 EXETER AVE, LOT 4 HILLWOOD PLACE

160 22-25-2-11-02.000-RR; 2509 13TH AVE N, W 45 FT OF N 90 FT OF LOT 3 BLK 660 BHAM

162 22-23-4-34-10.000-RR; 1616 21ST PL N, P O B 150 FT S OF INTER S LINE 17TH AVE N & 21ST PL N TH S 106 S FT ALG 21ST PL N TH W 90.8 S FT TH NLY 106.1 S FT TH CONTINUED

163 29-06-2-04-02.000-RR; 2209 AVENUE I, LOTS 5 & 6 BLK 22-I ENSLEY

169 23-03-2-07-65.000-RR; 1408 91ST ST N, LOT 16 BLK 3 AIRPORT ESTS 3RD ADD

175 30-02-1-13-07.000-RR; 542 GULFPORT ST, LOT 5 ROUNTREES ADD TO WYLAM

177 21-25-4-09-03.000-RR; 348 IRVING ST, LOT 2 BLK 15 ENSLEY 10TH ADD 10TH ADD TO ENSLEY

178 21-36-4-15-01.000-RR; 103 26TH ST, LOTS 7 THRU 9 EXC THAT PART TAKEN BY R/W OF BLK PP-3 ENSLEY LD COS 5TH ADD TO ENSLEY 308 AUG 31 2010

186 22-31-1-40-03.000-RR; 1311 AVENUE I, LOTS 5-6 BLK 13-I ENSLEY LD COS 2ND ADD TO ENSLE

188 22-31-1-41-16.000-RR; 1312 AVENUE I, LOT 25 BLK 13-H ENSLEY LD COS 2ND ADD TO ENSLEY

189 22-31-1-41-15.000-RR; 1316 AVENUE I, LOT 24 BLK 13-H ENSLEY LD COS 2ND ADD TO ENSLEY

190 22-31-1-40-05.000-RR; 1317 AVENUE I, LOTS 8 & 9 BLK 13-I ENSLEY LD

191 22-31-1-40-06.000-RR; 1319 AVENUE I, LOT 10 BLK 13-I ENSLEY LD COS 2ND ADD TO ENSLEY

192 22-31-1-31-07.000-RR; 1223 AVENUE I, LOT 11 C C BERRY SUB ENSLEY

194 23-21-3-20-14.000-RR; 5220 DIVISION AVE, LOT 6 BLK 5 MONTGOMERY & PARKS SURVEY

195 23-21-4-08-07.000-RR; 5512 55TH ST S, P O B 92 FT SW OF S W INTER 1ST AVE N & 55TH PL S TH SW- 170 S FT NW-270 S FT NE-110 S FT NLY-20 S FT SE-286 S FT TO CONTINUED

197 22-25-2-11-01.000-RR; 2511 13TH AVE N, E 45 FT OF N 90 FT OF LOT 3 BLK 660 BHAM

201 23-20-1-10-21.000-RR; 4720 12TH AVE N, LOT 10 BLK 3 WHALEYS ADD TO BHAM

202 21-35-3-09-03.000-RR; 308 OREGON ST, LOT 3 BLK 2 HOBSON

203 21-35-3-13-04.000-RR; 409 OREGON ST, LOT 3 BLK 4 HOBSON

217 22-31-3-44-08.000-RR; 2118 AVENUE I, PT LOTS 13 THRU 16 BLK 21-H ENSLEY DESC AS FOLS: BEG AT A PT 75 FT NW FROM TH INTER OF N R/W OF 22ND ST & W CONTINUED

222 22-31-4-24-20.000-RR; 1500 ENSLEY AVE, P O B SW INTER 15TH ST & ENSLEY AVE TH S 36 FT S ALG ENSLEY AVE TH W 107 FT S FT TH NELY 52S FT TO 15TH ST TH E

223 22-31-4-12-17.000-RR; 1809 15TH ST, LOTS 18 & 19 BLK A UNIT LAND COS 1ST ADD TO ENSL

224 22-31-4-12-16.000-RR; 1817 15TH ST, LOT 17 & W 1/2 LOT 16 BLK A UNIT LAND COS 1ST AD

225 22-31-4-12-15.000-RR; 1819 15TH ST, E 1/2 LOT 16 BLK A UNIT LAND COS 1ST ADD TO ENSLEY

226 22-31-4-12-14.000-RR; 1821 15TH ST, LOT 15 BLK A UNIT LD COS 1ST ADD TO ENSLEY

228 21-26-4-05-01.000-RR; 4116 MEXICO AVE, LOTS 47+48+49+50 BLK 3 OAK RIDGE ADD TO ENSLEY

AUG 31 2010 309

234 23-14-4-08-16.000-RR; 7428 SPARTA AVE, LOT 8 BLK 94 CENTRAL HGLDS ADD

253 21-36-1-11-09.000-RR-02; 1806 SLAYDEN AVE, LOT 2 BLK 18-1 SHERMAN HEIGHTS 4/52

262 29-02-2-18-27.000-RR; 18 OMEGA ST, LOT B HAMILTON COPELAND & FEAGAN RESUR OF LOTS 4-5 & 6 SHADYDALE

263 22-24-4-21-09.000-RR; 1405 31ST ST N, LOT 21 BLK 22 BHAM RLTY COS ADD NO 4

265 22-31-3-02-03.000-RR; 1520 AVENUE G, LOTS 13 + 14 BLK 15-F ENSLEY

268 29-06-2-24-07.000-RR; 720 27TH ST, NW 50 FT OF LOTS 7 & 8 BLK 26-G ENSLEY 1ST ADD

299 29-02-2-22-26.000-RR; 337 THETA AVE S, LOT 17 BETTIE MONTGOMERY SUR

303 29-30-2-14-22.000-RR; 3908 HOWARD AVE, LOT 22 BL 4 TARPLEY

331 22-31-3-09-09.000-RR; 1710 AVENUE H, LOTS 11 & 12 BLK 17-G ENSLEY PB 4 PG 3

349 30-02-2-02-17.000-RR; 620 LEXINGTON ST, LOT 20 BLK 1 OAKMONT SUR

359 23-27-1-03-12.000-RR; 1533 CRESTHILL RD, LOT 6 EX W 2 FT BLK 7 CRESTVIEW HILLS 4TH ADD0

366 29-06-1-29-05.000-RR; 1601 27TH ST, W 24 FT OF LOT 5 BLK 3 & ALL LOT 6 BLK 3 SCOTTS ADD TO ENSLEY

370 29-06-3-28-22.000-RR; 1436 35TH ST, LOT 22 BLK 28 BHAM ENSLEY

391 23-14-4-13-09.000-RR; 7313 PARIS AVE, LOT 21 BLK 102 CENTRAL HGLDS ADD

392 23-07-3-04-03.000-RR; 4515 36TH PL N, LOTS 3 THRU 6 BLK 1 M H HINES 1ST ADD TO HARRIMAN PARK PB 27

400 23-11-1-18-10.000-RR; 8508 3RD AVE S, LOT 3 BLK 174 EAST LAKE

408 30-01-1-35-11.000-RR; 3008 AVENUE F, LOT 10 BLK 24 ENSLEY DEV CO

412 22-14-4-43-17.000-RR; 3108 25TH ST N, LOT 20 & N 6.7 FT OF LOTS 18 & 19 BLK 165 NO BHAM

417 22-28-2-17-04.000-RR; 209 2ND ST, LOT 5 BLK 7 THOMAS

418 23-22-2-35-01.000-RR; 301 61ST ST S, P O B SE INTER 3RD AVE N & 61ST ST S TH SE 55 FT ALG 61ST ST S TH NE 92.9D FT 86S FT TO ALLEY TH NW 67.3 FT TO 3RD CONTINUED

443 30-21-1-15-03.000-RR; 526 JAMES ST, N1/2 OF LOT 8 DOLOMITE VILLAGE 3RD ADD 310 AUG 31 2010

444 30-21-1-15-02.000-RR; 527 JAMES ST, LOT 7 DOLOMITE VILLAGE 3RD ADD

445 30-21-1-15-07.001-RR; 1640 JAMES ST, LOT 10 EDWARDS BROS SUR 3RD ADD DOLOMITE VILLAGE 7/28

456 22-27-3-14-16.000-RR; 304 11TH CT W, LOT 15 BLK 5 SPAULDING

457 22-27-3-12-07.000-RR; 1145 6TH ST W, LOTS 9+10 BLK 7 SPAULDING

467 22-28-2-11-18.000-RR; 230 2ND ST, LOT 19 BLK 4 THOMAS

476 22-28-2-13-02.000-RR; 1179 16TH AVE W, POB INTER OF NE R/W OF BHAM SO RR & SE LINE 2ND ST

478 22-28-1-05-21.000-RR; 718 FINLEY AVE W, LOT 11 THOMAS MCLAUGHLIN SUB OF BLKS 67-68 WADE TR