The Birmingham City Council debated and then withdrew a resolution to rescind a $1.5 million city support agreement with Bethel Easley Action Task Inc. (BEAT), a nonprofit developer contracted to build single-family affordable housing in the Union Ridge neighborhood.
Councilors split over whether BEAT’s past performance and the city’s oversight justified canceling the contract. One council member argued the group had not completed two earlier houses and said, “My problem with that is they failed to build 2 houses in greater than 2 years,” pressing that the work be rebid. Other councilors pushed back, noting BEAT’s history of community work and warning that abruptly altering a contract could raise constitutional issues related to impairment of contract obligations.
City legal counsel cautioned that legislative action to alter or cancel a signed, executed contract could expose the city to legal challenge. Council members also raised implementation details: community-development staff reported past delays tied to title issues and buyer qualification, and the mayor’s office said staff had worked with the developer on outstanding items such as installing an air-conditioning unit on one house.
Rather than vote to rescind the contract, the sponsoring councilor asked for a one-week delay so council members could meet with the mayor and community development staff to gather additional records and clarify outstanding title and oversight issues. Ultimately the sponsor withdrew the rescission item and the council agreed the matter will return to the agenda next week for further review.
The council’s discussion included repeated calls for clearer procurement and oversight practices so projects across neighborhoods are started and finished in a timely way. Several councilors said they wanted any follow-up to include community-development staff, the mayor’s office and the council’s Economic Development, Budget and Finance committee.
The council did not adopt the rescission; the item was withdrawn pending additional information and possible reconsideration at next week’s meeting.