Birmingham Mayor William Bell and organizers hail this year's Magic City Classic as the best in years, with a post-game concert and a new private VIP seating area at Legion Field, but several city officials are livid after learning how much public money was used to make it happen.

Among the expenses: $15,000 for draperies in an exclusive new seating area.

More than $169,000 in city money was spent for Classic-related entertainment, including $28,000 for performer and management fees, $30,000 for catered food and $10,000 for hotel rooms, according to figures obtained by The Birmingham News through public information requests.

In total, the city spent $604,703 to produce the annual matchup between Alabama A&M and Alabama State universities, which pumps millions of dollars into the city's economy each year. Some City Council members say tens of thousands of dollars of those purchases were never approved, and they question the legality of some of the spending.

One point of contention is whether Bell violated city rules mandating that all spending of more than $10,000 come before the council for approval. Bell's office contends that requirement was waived by the council when it declared the Classic a public purpose.

When the council declares items a "public purpose" to allow the use of city money, the spending still normally comes back for a vote, but the resolution for the Classic included extra language that said "any purchase and expenditure of city funds is hereby authorized and approved to be used to support this event and that the mayor is hereby authorized to execute any and all agreements related to this event."

Bell's office said that's a blanket approval of expenses eliminating the need for an additional council vote.

Several council members said they were duped by Bell because he went around spending rules that Bell himself created more than a decade ago as council president.

Members are also questioning whether the city inappropriately spent city money to pay for activities inside a new cabana-styled seating area not open to the public.

"We had no idea what was being spent for the Classic," said Councilman Steven Hoyt, chairman of the Budget and Finance Committee. "The activities themselves seem to be exclusive, mostly reserved for VIPs. It seems to be the hallmark of this elitist administration."

The list of expenses also includes $20,000 for extra game tickets for council members.

State law prohibits use of public money for restricted events. Access to the cabanas, including the catered food, was limited to those with VIP wristbands, and the stage for the postgame concert featuring R&B group Frankie Beverly & Maze faced that section, according to several attending the game, including council members.

Chuck Faush, Bell's chief of staff, in an earlier interview said the city spent only about $15,000 to assist with the postgame performance. The performers were paid $15,000, but as the records show, the actual cost of the city-sponsored concert was much higher.

"It was my understanding that the boxes would be corporately sponsored and not city-sponsored," said Councilwoman Maxine Parker, who is also chairwoman of the Parks and Recreation Board. "I'm shocked at the expenditures."

Parker said both the council and the park board were entitled to information about the budget and spending before the Classic occurred rather than finding out after the money was spent.

Park board members are still waiting for a response to their request for a full report on how much the city spent on the Classic, including entertainment. The board last week complained it had been left in the dark over finances and the status of projects at its facilities.

City Attorney Thomas Bentley said Bell was within his legal rights to spend the money, according to the resolution.

"In the case of the Magic City Classic, an authorizing resolution unanimously adopted by the Council of the City of Birmingham declared the Classic event -- which I understand to be the event having the largest economic impact in the city -- to be a public purpose, and further authorized the mayor to execute contracts and agreements to advance or promote the event and otherwise ensure its success," Bentley said. "An authorization was made, so the issue of whether the amount was above or below the $10,000 cap is not an issue here."

The legality of Bell's actions isn't the issue, but the morality of it is, said Councilwoman Valerie Abbott.

"Have we completely lost touch with reality?" Abbott said. "On one hand, we are worried about the effect of exorbitant sewer rate increases on our residents, and then we use the same folks' money to entertain an exclusive group of people with a concert."

Abbott, who has previously criticized Bell and his staff for poor communication, said this is another deliberate example.

"We have seen how this kind of mindset has affected the county, and I, for one, don't want to hear after the fact about secret plans that are made to enable questionable activities," she said. "It is true that the event is over and we can't do anything about it now, but it further erodes the trust between the council and the mayor, and it was already pretty thin. Why wave a red flag in front of an already irritated bull?"

Councilman Johnathan Austin said Bell was playing semantics with the resolution in order to violate the spirit of a long-standing policy.

"That didn't mean that was a blank-check resolution," he said. "So you're telling me if he wanted to go spend a million dollars at the Classic he could do that? Every time we declared something a public purpose, we always have to come back and have a line item and we have to vote to approve it."

The mayor's office defends the spending, calling it a one-time investment for a long-term return.

For example, the new amenities have stimulated interest, and an unusual number of people continued to buy tickets after the game had begun, Faush said.

"The economic impact numbers speak for themselves for the city's largest event," Faush said. "According to the Alabama Sports Foundation, it was the best Classic in its 70-year history."

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