City Council
Regular MeetingBossier City, LA · January 6, 2015
Minutes
PROCEEDINGS OF THE CITY COUNCIL OF BOSSIER CITY
STATE OF LOUISIANA TAKEN AT THE REGULAR MEETING
JANUARY 6, 2015
The City Council of the City of Bossier City, State of Louisiana, met in regular session in
Council Chambers, 620 Benton Road, Bossier City, Louisiana, January 6, 2015, at 3:00 PM
Invocation was given by Council Member Jeffery Darby
Pledge of Allegiance led by Council Member Thomas Harvey
Roll Call as follows:
Present: Honorable Councilor Timothy Larkin, President, Honorable Councilors, David
Montgomery, Jr., Scott Irwin, Jeffery Darby, Don Williams, Jeff Free and Thomas Harvey
Also Present: Mayor Lorenz Walker, City Attorney Jimmy Hall and City Clerk Phyllis McGraw
By: Mr. Irwin
Motion to approve the minutes of the December 15, 2014 Special Council Meeting and
December 16, 2014 Regular Council Meeting and dispense with the reading.
Seconded by Mr. Darby
No comment
Vote in favor of motion is unanimous
By: Mr. Montgomery, Jr.,
Motion to amend agenda to include #15 under New Business - Adopt a Resolution
declaring the intention of the City of Bossier City (The "City) to proceed with a financing in an
amount not to exceed twenty million and no/100 dollars ($20,000,000) for the purpose of
financing costs of additions, acquisitions, repairs and/or expansions needed to maintain City
owned works of public improvement, and pay costs of issuance of the bonds; and otherwise
providing with respect thereto.
Seconded by Mr. Williams
No comment
Vote in favor of motion is unanimous
By: Mr. Darby
Motion to amend agenda to include #16 under New Business - Approve Parade Fee
Waiver for Second Annual North Louisiana March for Life January 17, 2015.
Seconded by Mr. Free
No comment
Vote in favor of motion is unanimous
By: Mr. Williams
Motion to approve agenda as amended.
Seconded by Mr. Darby
No comment
Vote in favor of motion is unanimous
Ceremonial Matters:
Committee Reports:
Unfinished Business:
New Business:
The following Ordinance offered and adopted:
ORDINANCE NO. 1 OF 2015
AN ORDINANCE TO APPROPRIATE $130,000 TO COME FROM THE
SALES TAX CAPITAL IMPROVEMENTS FUND TO BE USED TO
CONSTSRUCT IMPROVEMENTS TO PROFIT LANE.
________________________________________________________________
WHEREAS, Valveworks USA is a manufacturing company located in Bossier City with
plans to expand at its present location on Swan Lake Road with access to the rear of its facility
by Profit Lane; and
WHEREAS, heavy loads are expected to use Profit Lane after the plant
expansion; and
WHEREAS, Profit Lane is old asphalt, gravel and dirt road and originally dedicated to the
public in 1970.
NOW, THEREFORE, BE IT ORDAINED that the City Council of Bossier City, in
regular session convened, does hereby appropriate $130,000.00 from the Sales Tax Capital
Improvements Fund to be used to construct improvements to Profit Lane.
BE IT FURTHER ORDAINED, that the Mayor is hereby authorized to sign any and all
instruments in connection with the furtherance of this Ordinance.
The above and foregoing Ordinance was read in full at open and legal session convened,
was on motion of Mr. Don Williams and seconded by Mr. Jeffery Darby, and adopted on the 6th
day of January, 2015, by the following vote:
AYES: Mr. Montgomery, Jr., Mr. Larkin, Mr. Irwin, Mr. Darby, Mr. Williams, Mr. Free and Mr.
Harvey
NAYS: none
ABSENT: none
ABSTAIN: none
_____________________________________ ______________________________________
Timothy Larkin, President Phyllis McGraw, City Clerk
The following Ordinance offered and adopted:
ORDINANCE NO. 2 OF 2015
AN ORDINANCE TO AUTHORIZE THE MAYOR TO EXECUTE
A STREET ABANDONMENT PLAT WHEREBY BOSSIER CITY
WILL ABANDON A PORTION OF SWAN LAKE ROAD AND
SHIRLEY LANE.
________________________________________________
WHEREAS, with the recent completion of improvements to Swan Lake Road there are
certain portions of the old Swan Lake Road and Shirley Lane Right-of Ways that are no longer
required for public use; and
WHEREAS, a portion of Swan Lake Road and Shirley Lane located in sections 23 and 24,
Township 18 North, Range 13 West, Bossier City, Bossier Parish, Louisiana, containing 0.448
acres more or less to be abandoned and as shown on the attached “Street Abandonment Plat”;
and
WHEREAS, the attached “Street Abandonment Plat” is attached to and a part of this
Ordinance.
NOW, THEREFORE, BE IT ORDAINED that the City Council of Bossier City, in
regular session convened, does hereby authorize the Mayor to execute a street abandonment plat
whereby Bossier City will abandon a portion of Swan Lake Road and Shirley Lane.
BE IT FURTHER ORDAINED, that the Mayor is hereby authorized to sign any and all
instruments in connection with the furtherance of this Ordinance.
The above and foregoing Ordinance was read in full at open and legal session convened,
was on motion of Mr. Don Williams and seconded by Mr. David Montgomery, Jr., and adopted
on the 6th day of January, 2015, by the following vote:
AYES: Mr. Montgomery, Jr., Mr. Larkin, Mr. Irwin, Mr. Darby, Mr. Williams, Mr. Free and Mr.
Harvey
NAYS: none
ABSENT: none
ABSTAIN: none
_____________________________________ ______________________________________
Timothy Larkin, President Phyllis McGraw, City Clerk
The following Ordinance offered and adopted:
Ordinance No. 3 Of 2015
AN ORDINANCE ESTABLISHING SEPTEMBER 15TH EACH YEAR AS THE DATE A
COMPLETE COPY OF THE GENERAL FUND OPERATING BUDGET AND
SEPARATE ODINANCES FOR EACH BUDGET LISTED IN SECTION 6.02 OF THE
BOSSIER CITY CHARTER FOR THE ENSUING FISCAL YEAR SHALL BE
PRESENTED TO THE BOSSIER CITY COUNCIL AND OTHERWISE PROVIDING
WITH RESPECT THERETO.
WHEREAS, the Bossier City charter establishes time limits for the budget process; and
WHEREAS, Section 6.10 Responsibilities of Administration on introduction sets forth in
section (b) that not later than the fifteenth (15th) day of October the Finance Director shall
prepare for and introduce to the City Council a separate ordinance for each budget listed in
Section 6.02 making appropriation for the ensuing fiscal year; and
WHEREAS, when the budget information is not received timely by the City Council it
does not provide the City Council with adequate opportunity to review the budget and delays the
adoption of the budget;
NOW, THEREFORE, BE IT ORDAINED by the City Council of Bossier City,
Louisiana, in regular session convened, that the Administration shall provide the Bossier City
Council with a complete copy of the General Fund Operating Budget and separate ordinances for
each budget listed in Section 6.02 of the Bossier City Charter for the ensuing fiscal year not later
than September 15th each year;
BE IT FURTHER ORDAINED, that failure to provide the referenced information on or
before September 15th of each year shall result in penalties being imposed by the Bossier City
Council consistent with those imposed for other violations of state or local laws.
The above and foregoing Ordinance was read in full at open and legal session convened,
was on motion of Mr. Don Williams, and seconded by Mr. David Montgomery, Jr.,
and adopted on the 6th day of January, 2015, by the following vote:
AYES: Mr. Montgomery, Jr., Mr. Irwin, Mr. Darby, Mr. Williams, Mr. Free and Mr. Harvey
NAYS: Mr. Larkin
ABSENT: none
ABSTAIN: none
____________________________
Timothy Larkin, President
____________________________
Phyllis McGraw, City Clerk
New Business
The following ordinance offered and adopted:
ORDINANCE NO. 4 OF 2015
AN ORDINANCE APPROVING A CONDITIONAL USE AT A B-3 (GENERAL
BUSINESS DISTRICT) LOCATION, 4000 BARKSDALE BOULEVARD, BOSSIER
CITY, LA, FOR THE RETAIL SALES OF HIGH AND LOW CONTENT ALCOHOL
FOR OFF PREMISE CONSUMPTION AT A GROCERY STORE. (Polestar
Development)
WHEREAS, Polestar Development has applied to the Bossier City-Parish Metropolitan
Planning Commission for Conditional Use Approval at a B-3 location, 4000 Barksdale
Boulevard, Bossier City, LA, for the retail sales of high and low content alcohol for off
premise consumption at a grocery store, and
WHEREAS, a public hearing for the application was held on December 8, 2014, and
WHEREAS, the Planning Department has submitted the results of said public hearing, to
the Mayor and the City Council of the City of Bossier City.
THE CITY COUNCIL OF THE CITY OF BOSSIER CITY HEREBY ORDAINS:
SECTION 1. That the Conditional Use for the retail sales of high and low content alcohol
for off premise consumption at a grocery store located at 4000 Barksdale Boulevard,
Bossier City, LA 71112 is hereby approved.
Motion was made by Mr. Scott Irwin and seconded by Mr. Jeffery Darby
to adopt the above ordinance. Upon the following vote, the ordinance was duly
adopted this6th day of January, 2015, by the following vote:
AYES: Mr. Montgomery, Jr., Mr. Larkin, Mr. Irwin, Mr. Darby, Mr. Williams, Mr. Free and Mr.
Harvey
NAYS: none
ABSENT: none
ABSTAIN: none
____________________________
TIMOTHY LARKIN, PRESIDENT
____________________________
PHYLLIS MCGRAW, CITY CLERK
C-71-14
The following ordinance offered and adopted:
ORDINANCE NO. 5 OF 2015
AN ORDINANCE APPROVING A CONDITIONAL USE AT A B-3 (GENERAL
BUSINESS DISTRICT) LOCATION, 4002 BARKSDALE BOULEVARD, BOSSIER
CITY, LA, FOR THE RETAIL SALES OF LOW CONTENT ALCOHOL FOR OFF
PREMISE CONSUMPTION AT A FUELING ISLAND CONVENIENCE STORE.
(Polestar Development)
WHEREAS, Polestar Development has applied to the Bossier City-Parish Metropolitan
Planning Commission for Conditional Use Approval at a B-3 location, 4002 Barksdale
Boulevard, Bossier City, LA, for the retail sales of low content alcohol for off premise
consumption at a fueling island convenience store, and
WHEREAS, a public hearing for the application was held on December 8, 2014, and
WHEREAS, the Planning Department has submitted the results of said public hearing, to
the Mayor and the City Council of the City of Bossier City.
THE CITY COUNCIL OF THE CITY OF BOSSIER CITY HEREBY ORDAINS:
SECTION 1. That the Conditional Use for the retail sales of low content alcohol for off
premise consumption at a fueling island convenience store located at 4002 Barksdale
Boulevard, Bossier City, LA 71112 is hereby approved.
Motion was made by Mr. Scott Irwin and seconded by Mr. Don Williams
to adopt the above ordinance. Upon the following vote, the ordinance was duly
adopted this 6th day of January, 2015, by the following vote:
AYES: Mr. Montgomery, Jr., Mr. Larkin, Mr. Irwin, Mr. Darby, Mr. Williams, Mr. Free and Mr.
Harvey
NAYS: none
ABSENT: none
ABSTAIN: none
____________________________
TIMOTHY LARKIN, PRESIDENT
____________________________
PHYLLIS MCGRAW, CITY CLERK
C-71-14
By: Mr. Irwin
Motion to introduce an Ordinance ratifying and adopting the attached 2014 General Fund
General Fund Budget and appropriating funds in conjunction herewith
Seconded by Mr. Williams
No Comment
Vote in favor of motion is unanimous
By: Mr. Irwin
Motion to introduce an Ordinance appropriating three million one hundred fifty
thousand dollars from the Utility Fund and transferred to the Riverboat Gaming Capital Projects
Fund.
Seconded by Mr. Williams
No Comment
Vote in favor of motion is unanimous
By: Mr. Williams
Motion to introduce an Ordinance adopting the budgetary split for all future Budgets with
the Fire Operations Division at 73 percent and the Emergency Medical Services Division at 27
percent.
Seconded by Mr. Free
No Comment
Vote in favor of motion is unanimous
By: Mr. Williams
Motion to introduce an Ordinance eliminating the transfer of interest from the Riverboat
Gaming Trust Fund and the Public Safety and Health Fund unless absolutely necessary to
balance the Budget.
Seconded by Mr. Darby
No Comment
Vote in favor of motion is unanimous
By: Mr. Montgomery, Jr.
Motion to introduce an Ordinance requiring all Medicaid Supplemental Payment Funds
received by the City of Bossier City to be dedicated solely to EMS Capital Expenditures.
Seconded by Mr. Free
No Comment
Vote in favor of motion is unanimous
By: Mr. Irwin
Motion to introduce an Ordinance appropriating and ratifying $125,000 from the 2014
Sales Tax Capital Improvement Fund to reimburse the Bossier Parish Police Jury for shared cost
on Barksdale Air Force Base Bodcau Station Road Gate.
Seconded by Mr. Williams
No Comment
Vote in favor of motion is unanimous
Resolution #1 of 2015
A RESOLUTION ADOPTING THE CITY OF BOSSIER CITY’S CURRENT INVESTMENT POLICY
IN ACCORDANCE WITH LA. REVISED STATUTE R.S. 33:2955 (D) AND SECTION 16.02 (J) OF THE
BOSSIER CITY CHARTER.
________________________________________________________________________
I. Introduction
In accordance with the provision of R.S. 33:2955 (D) and the authority of
Section 16.02 (J) of the Charter of the City of Bossier City, the Director of Finance is
authorized and required to make rules and regulations and to establish
administrative policies and procedures relating to the cash management and
investment policies of the City.
It is anticipated that this policy statement will be reviewed and evaluated on
a regular basis, to ensure that the policies and procedures expressed herein are
responsive to the prevailing cash management and investment environment. This
policy statement must, therefore, be appropriately amended, expanded, or purged
on continuing basis.
II. General Policies
In general, the City Of Bossier shall operate under the "Prudent Person" rule,
exercising judgment and care, under the circumstances prevailing, which people of
ordinary prudence would employ in the management of their own affairs - not in
regard to speculation, but as to the permanent disposition of their funds,
considering both income and safety of capital.
The assets of the City Of Bossier shall be held in trust by the fiduciary
(fiduciaries) designated by the City Of Bossier.
This policy is not intended to remain static. Normally, the City Of Bossier will
review this policy at least annually and, if deemed advisable, recommend changes.
Recommendations from outside professionals leading to improvements in policies,
procedures, and operations are always welcome.
OBJECTIVES
The primary investment objective of the City Of Bossier is to ensure that the
Current and future obligations are adequately funded in a cost effective manner.
The goals of this investment policy shall be (1) safety of principal, (2) liquidity, and
(3) yield.
Preservation of capital and the realization of sufficient total return to ensure the
ongoing financial integrity of the funds are essential. Preservation of capital
encompasses two goals:
Managing the risk of loss of principal for the fund as a whole.
Managing the erosion of principal value through inflation.
The City Of Bossier shall establish internal controls for any derivatives in use to
ensure that the risks inherent in derivatives are adequately managed. For
purposes of this policy, "derivative" means any financial instrument created from or
whose value depends on the value of one or more underlying assets or indexes of
asset value.
RESPONSIBILITY
The investment of funds shall be managed by the Comptroller, subject to the
approval of the Director of Finance, and may be accomplished by the selection of an
investment manager (s). The selection must be approved by the City Council in
accordance with the criteria established by the Director of Finance. The investment
manager (s) must acknowledge in writing his obligations as a fiduciary responsible
for the investment of the City Of Bossier assets.
Prospective investment managers shall be registered investment advisors with
the Securities and Exchange Commission under the Investment Act of 1940 or bank
trust departments regulated by the Office of the Comptroller of the Currency.
GUIDELINES
The assets of the City Of Bossier shall be invested, as provided in R.S.33:2955
(A) (1), as amended, in following:
1. Direct U.S. Treasury obligations, the principal and interest of which are fully
guaranteed by the U.S. government.
2. Bonds, debentures, notes or other evidence of indebtedness issued or
guaranteed by federal agencies and provided such obligations are backed by
the full faith and credit of the U.S., including U.S. Export Import Bank,
Farmers Home Administration, Federal Financing Bank, Federal Housing
Administration Debentures, General Services Administration, Government
National Mortgage Association (guaranteed mortgage-backed bonds and
guaranteed pass-through obligations), U.S. Maritime Administration
(guaranteed Title XI financing), and U.S. Department of Housing and Urban
Development.
3. Bonds, debentures, notes, or other evidence of indebtedness issued or
guaranteed by U.S. government instrumentalities, which are federally
sponsored, including Federal Home Loan Bank System, Federal Home Loan
Mortgage Corporation, Federal National Mortgage Association, Student Loan
Marketing Association, and Resolution Funding Corporation.
4. Direct security repurchase agreements of any federal bank entry only
securities enumerated in paragraphs (1) through (3) above. "Direct security
repurchase agreement" means an agreement under which the political
subdivision buys, holds for a specified time, and then sells back those
securities and obligations enumerated in paragraphs (1) through (3).
5. Time certificates of deposit of state banks organized under the laws of
Louisiana, or national banks having their principal offices in the state of
Louisiana, savings accounts or shares of savings and loan associations and
savings banks, or share accounts and share certificates accounts of federally
or state chartered credit unions issuing time certificate of deposit, provided
that the rate of interest paid for time certificates of deposit shall be not less
than fifty basis points below the prevailing market interest rate on direct
obligations of the U.S. Treasury with a similar length of maturity. Funds
invested in accordance with this paragraph shall nor exceed at any time the
amount insured by the Federal Deposit Insurance Corporation in any one
bank, or in any one savings and loan association, or by the National Credit
Union Administration in any one credit union, unless the uninsured portion is
collateralized by the pledge of securities in the manner provided in R.S.
39:1221.
6. Mutual or trust fund institutions which are registered with the Securities and
Exchange Commission under the Securities Act of 1933 and the Investment
Act of 1940, and which have underlying investments consisting solely of and
limited to securities of the U.S. government or its agencies. Investment of
funds in mutual or trust fund institutions shall be limited to 25% of the
monies considered available for investment as provided by R.S. 33:2955(A)
(2). The Attorney General has determined that only mutual funds created as
a Massachusetts business trust are acceptable investments (Op. Atty. Gen.
88-546 (A).
7. Bonds, debentures, notes, or other evidence of indebtedness issued by the
State of Louisiana or any of its political subdivisions with the exception of
those of the City of Bossier City. The indebtedness shall have a long-term
rating of Baa3 or higher by Moody’s Investor Service, a long-term rating of
BBB- or higher by the Standard and Poor Corporation or a long-term rating of
BBB- or higher by Fitch, Inc., or a short-term rating of M1G1 or VM1G1 by
Moody’s Investors Service, a short-term rating of A-1 or A-1+ by Standard &
Poor’s, or a short-term rating of F1 of F1+ by Fitch, Inc, and have a final
maturity of no more than three years, except that such three year limitation
shall no apply to (a) funds held by a trustee, escrow agent, paying agent, or
other third party custodian in connection with a bond issue or (b) investment
of funds held by either a hospital service district, a governmental 501(c)(3), or
a public trust authority.
8. Bonds, debentures, notes, or other indebtedness issued by a state of the
United States of America other than Louisiana or any such state’s political
subdivisions provided that all of the following conditions are met: (i) The
indebtedness has a minimum rating of A3 or Higher by Moody’s Investors
Service or a rating of A- or higher by the Standard and Poor Corporation or a
rating of A- or higher by Fitch, Inc., or a short-term rating of M1G1 or
VM1G1 by Moody’s Investor Service, a short-term rating of A-1 of A-1+ by
Standard & Poor’s, or a short-term rating of F1 of F!+ by Fitch, Inc. (ii) The
indebtedness has a final maturity of no more than three years, except that
such three-year limitation shall not apply to funds held by a trustee, escrow
agent, paying agent, or other third-party custodian in connection with a bond
issue nor to investment of funds held by either a hospital service district, a
governmental 501(c)(3) organization, or a public trust authority, (iii) Prior to
purchase of any such indebtedness and at all times during which such
indebtedness is owned, the purchasing Louisiana political subdivision retains
the services of an investment advisor registered with the United States
Security and Exchange Commission.
The City of Bossier City shall also include in the footnotes to the Consolidated
Annual Financial Report the disclosures required by Governmental Accounting
Standards Board Statements 3 and 40. These footnotes shall address the common
deposit and investments risks related to credit risk, concentration of credit risk,
interest rate risk and foreign currency risk.
BE IT RESOLVED that the Investment Policy referenced herein is hereby adopted.
The above and foregoing resolution read in full at open and legal session
convened, was on motion of Mr. David Montgomery, Jr., seconded by
Mr. Don Williams, and adopted on the6th day of January, 2015, by the following vote:
AYES: Mr. Montgomery, Jr., Mr. Larkin, Mr. Irwin, Mr. Darby, Mr. Williams, Mr. Free and Mr.
Harvey
NAYS: none
ABSENT: none
ABSTAIN: none
_______________________________ ___________________________
Timothy Larkin, President Phyllis McGraw, City Clerk
The following Resolution offered and adopted:
Resolution No. 2 Of 2015
A RESOLUTION AUTHORIZING THE HIRING OF A DATA COMMUNICATIONS
TECHNICIAN FOR THE DEPARTMENT OF FINANCE IN THE INFORMATION
SERVICES DIVISION.
________________________________________________________________________
WHEREAS, Ordinance No. 2 of 2010 implemented a hiring, promotion and
salary freeze requiring Bossier City Council approval for the hiring, promotion and
salary increases of any personnel;
WHEREAS, one vacancy now exists in the Information Services Division due
to the transfer of a Data Communications Technician. Therefore the position of
Data Communications Technician will be filled utilizing the existing budget
allocation.
NOW, THEREFORE, BE IT RESOLVED by the City Council of Bossier City,
Louisiana, in regular and legal session convened, that the administration is
authorized to hire or promote a person to fill the position of Data Communications
Technician and fill any vacancies created within the Information Services Division
as a result of this vacancy subject to the currently adopted operating budget
constraints.
The above and foregoing Resolution was read in full at open and legal session convened,
was on motion of Mr. Jeffery Darby, and seconded by Mr. Don Williams, and adopted on the 6th
day of January, 2015, by the following vote:
AYES: Mr. Montgomery, Jr., Mr. Larkin, Mr. Irwin, Mr. Darby, Mr. Williams, Mr. Free and Mr.
Harvey
NAYS: none
ABSENT: none
ABSTAIN: none
_______________________
Tim Larkin, President
_______________________
Phyllis McGraw, City Clerk
By: Mr. Darby
Motion to reappoint Ray Tromba to the Shreveport-Bossier Convention and
Tourist Commission as a representative for the City of Bossier City. Effective
January 1, 2015 and expires December 31, 2017
Seconded by Mr. Free
No Comment
Vote in favor of motion is unanimous
By: Mr. Darby
Motion to let the record show that Police Officer Charles Bridges was elected
to serve as the Police Representative on the Bossier City Municipal Fire and Police
Civil Service Board to fill an unexpired term ending March 6, 2015 according to
Civil Service Law, L.R.S. Title 33, Section 2471, (2), 1, an official record of service
shall be placed in the official minutes of the Bossier City Council
Seconded by Mr. Montgomery, Jr.
No Comment
Vote in favor of motion is unanimous
By: Mr. Irwin
Motion to approve Report of Change Order for Walking Trail on ART
Parkway @ Union Pacific, an increase of $21, 519.61. Total of Contract with
Change Order $199,273.11.
Seconded by Mr. Williams
No Comment
Vote in favor of motion is unanimous
By: Mr. Montgomery, Jr.
Motion to approve of 1st and Final Change Order for 2014 Asphalt Street
Program a decrease of $67,640.40. Total Contract with Change Order $409,356.80.
Seconded by Mr. Williams
No Comment
Vote in favor of motion is unanimous
Bossier City, Louisiana
January 6, 2015
The City Council of the City of Bossier City, Louisiana met in regular
public session at 3:00 o’clock p.m. on Tuesday, January 6, 2015, at the regular
meeting place of said City Council in the Council Chambers located at 620 Benton
Road, Bossier City, Louisiana, pursuant to the provisions of written notice given to
each and every member thereof and duly posted in the manner required by law.
Timothy Larkin, Council President, called the meeting to order and on
roll call, the following members were present: Mr. Montgomery, Jr., Mr. Larkin, Mr.
Irwin, Mr. Darby, Mr. Williams, Mr. Free and Mr. Harvey
ABSENT: none
Lorenz “Lo” Walker, Mayor, and Phyllis McGraw, Clerk of the Council,
also attended. The meeting was called to order and the roll called with the above
results.
The following resolution was thereupon introduced, and pursuant to a
motion made by Mr. Don Williams and seconded by Mr. David Montgomery, Jr.,
was adopted by the following vote:
YEAS: Mr. Montgomery, Jr., Mr. Larkin, Mr. Irwin, Mr. Darby, Mr.
Williams, Mr. Free and Mr. Harvey
NAYS: none
RESOLUTION NO. 3 OF 2015
A RESOLUTION DECLARING THE INTENTION OF THE CITY OF
BOSSIER CITY (THE “CITY”) TO PROCEED WITH A FINANCING
IN AN AMOUNT NOT TO EXCEED TWENTY MILLION AND
NO/100 DOLLARS ($20,000,000) FOR THE PURPOSE OF
FINANCING COSTS OF ADDITIONS, ACQUISITIONS, REPAIRS
AND/OR EXPANSIONS NEEDED TO MAINTAIN CITY OWNED
WORKS OF PUBLIC IMPROVEMENT, AND PAY COSTS OF
ISSUANCE OF THE BONDS; AND OTHERWISE PROVIDING
WITH RESPECT THERETO.
WHEREAS, by prior resolution, the City of Bossier City, State of
Louisiana (the “City”) became a participating political subdivision and member of
the Louisiana Local Government Environmental Facilities and Community
Development Authority (the “Authority”); and
WHEREAS, the City desires to proceed with a financing through the
Authority in an amount not to exceed TWENTY MILLION AND NO/100 Dollars
($20,000,000) in a manner and structure to be determined by subsequent resolution
or ordinance, to finance additions, acquisitions, repairs and/or expansions needed to
maintain City owned works of public improvement and pay costs of issuance of the
bonds, including the cost of any bond insurance policy insuring the bonds (the
“Project”);
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Bossier City, Louisiana, as follows:
SECTION 1. The City is authorized to proceed with a financing
through the Authority in an amount not to exceed Twenty Million and No/100
Dollars ($20,000,000), represented by the issuance of the Authority’s bonds on
behalf of the City (the “Bonds”) to provide funds to finance the Project. The
Authority’s Bonds authorized herein may be issued on a taxable and/or tax-exempt
basis.
SECTION 2. The structure, terms and conditions of any such
borrowing by the City shall be determined by subsequent resolution or ordinance of
the City Council, provided, however, that the term of said borrowing shall not
exceed thirty (30) years from their date of issuance and shall bear interest at a rate
or rates not to exceed 6% per annum, to be issued in one or more series.
SECTION 3. Prior to issuance of the Bonds, the City anticipates that
it may pay a portion of the costs of the Project from other available funds. Upon
issuance of the Bonds, the City reasonably expects to reimburse said expenditures
from the proceeds of the Bonds. Any such allocation of the proceeds of the Bonds for
reimbursement will be made with respect to the capital expenditures (as defined in
Treasury Regulation 1.150-1 (h) and will be made upon the delivery of the Bonds
and not later than one year after the date of (i) the date such expenditure was made
or (ii) the date improvements were placed in service. This resolution is intended to
be a declaration of intent to reimburse in accordance with the provisions of the
Treasury Regulation 1.150-2.
SECTION 4. The City hereby finds and determines that a real
necessity exists for employment of special bond counsel in connection with the
issuance of the Bonds, and accordingly Joseph A. Delafield, A Professional
Corporation (“Bond Counsel”) of Lake Charles, Louisiana, is hereby employed (such
employment to be by the Authority) to do and perform comprehensive legal and
coordinate professional work with respect to the issuance of the Bonds. Said Bond
Counsel shall prepare and submit to such officials of the City for adoption all
proceedings incidental to, and shall counsel and advise the Mayor and City Council
on the issuance and sale of, the Bonds by the Authority. The fee of Bond Counsel is
contingent upon issuance, sale and delivery of the Bonds, and shall be in accordance
with the Attorney General’s then current Bond Counsel Fee Schedule and other
guidelines, as negotiated, for comprehensive legal and coordinate professional work
in the issuance of revenue bonds applied to the actual aggregate principal amount
issued, sold, delivered and paid for at the time such Bonds are delivered, together
with reimbursement of out-of-pocket expenses incurred and advanced in connection
with issuance of the Bonds, said fee to be subject to the Attorney General’s written
approval of said employment and fee to be paid with Bond proceeds.
SECTION 5. The City Council hereby authorizes and directs its Mayor
and Clerk of the Council and such other officials of the City to do any and all things
necessary and incidental to carry out the provisions of this resolution.
SECTION 6. Upon sale of the Bonds, the Mayor and/or the City Clerk
of the Issuer, as Executive Officers, are each authorized, empowered and directed to
execute on behalf of the City, the Bond Purchase Agreement in form as may be
approved by Bond Counsel to the City. The Mayor and/or City Clerk be and they
are further authorized, empowered, and directed to execute on behalf of the City, at
or about the time of execution of the Bond Purchase Agreement, any and all other
documents deemed necessary by Bond Counsel to the City, in order to effectuate
issuance, sale and delivery of the Bonds.
SECTION 7. If any provision or item of this resolution or the
application thereof is held invalid, such invalidity shall not affect other provisions,
items or applications of this resolution which can be given effect without the invalid
provisions, items or applications, and to this end, the provisions of this resolution
are hereby declared to be severable.
SECTION 8. The selection of Government Consultants, Inc. as
financial advisor in connection with issuance and sale of the Bonds, is hereby
authorized.
SECTION 9. By virtue of the Issuer’s application for, acceptance and
utilization of the benefits of the Louisiana State Bond Commission’s approval(s)
resolved and set forth herein, it resolves that it understands and agrees that such
approval(s) are expressly conditioned upon, and it further resolves that it
understands, agrees and binds itself, its successors and assigns to, full and
continuing compliance with the “State Bond Commission Policy on Approval of
Proposed Use of Swaps, or other forms of Derivative Products Hedges, Etc,” adopted
by the Commission on July 20, 2006, as to the borrowing(s) and other matter(s)
subject to the approval(s), including subsequent application and approval under
said Policy of the implementation or use of any swap(s) or other product(s) or
enhancement(s) covered thereby.
BE IT FURTHER RESOLVED that all resolutions in conflict herewith
are hereby repealed.
ADOPTED AND APPROVED this 6th day of January, 2015.
Timothy Larkin, President
ATTEST:
PHYLLIS McGRAW
Clerk of the Council
(Other business not pertinent to the present excerpt may be found of
record in the official minute book.)
Upon motion duly made and unanimously carried, the meeting was
adjourned.
Timothy Larkin, President
ATTEST:
PHYLLIS McGRAW
Clerk of the Council
STATE OF LOUISIANA
PARISH OF BOSSIER
I, PHYLLIS McGRAW, certify that I am the duly qualified and acting
Clerk of the City Council of Bossier City, Louisiana.
I further certify that the foregoing is a true and correct copy of an
excerpt from the minutes of a regular meeting of the City Council, held on January
6, 2015, and of a resolution adopted at said meeting, as said minutes and resolution
appear officially of record in my possession.
IN FAITH WHEREOF, witness my official signature and the impress
of the official seal of the City of Bossier City, Louisiana, on this 6th day of January,
2015. PHYLLIS McGRAW, Clerk of Council
By: Mr. Darby
Motion to approve Parade Fee Waiver for Second Annual North Louisiana March for
Life January 17, 2015.
Seconded by Mr. Free
No Comment
Vote in favor of motion is unanimous
There being no further business to come before this Council, meeting adjourned at 3:28
PM by Mr. Larkin
Respectfully submitted:
Phyllis McGraw
City Clerk
Publish: January 14, 2015
Bossier Press Tribune
Agenda
-AGENDA-
- BOSSIER CITY COUNCIL REGULAR MEETING-
-TUESDAY, JANUARY 6, 2015 - 3:00 PM -
Council Chambers
620 Benton Road, Bossier City, Louisiana
() I. Call to Order
() II. Invocation by: Council Member Jeffery Darby
() III. Pledge of Allegiance Council Member Thomas Harvey
() IV. Roll Call
() V. Approve minutes of the December 15, 2014, Special Meeting and
December 16, 2014 Regular Meeting and dispense with the reading.
() VI. Approve Agenda:
() VII. Ceremonial Matters/Recognition of Guests
() VIII. Committee Reports:
() IX. Unfinished Business:
() 1. Adopt an Ordinance to appropriate $130,000 to come from the
Sales Tax Capital Improvements Fund to be used to construct
improvements to Profit Lane.
(Final Reading) (Hudson)
() 2. Adopt an Ordinance to authorize the Mayor to execute a Street
Abandonment Plat whereby Bossier City will abandon a portion of
Swan Lake Road and Shirley Lane.
(Final Reading) (Hudson)
() 3. Adopt an Ordinance establishing September 15th each year as the
date a complete copy of the General Fund Operating Budget and
separate Ordinances for each budget listed in section 6.02 of the
Bossier City Charter for the ensuing fiscal year shall be presented
to the Bossier City Council and otherwise providing with respect
thereto.
(Final Reading) (Montgomery, Jr.)
() X. New Business:
() 1. Adopt Zoning Ordinance
(First and Final Reading) (Marsiglia)
(Favorable by MPC)
Petitioner: Polestar Development
Location: 4000 Barksdale Blvd., Bossier City, LA
Request: Conditional Use Approval for the retail sales of High and
Low Content Alcohol for off premise consumption at a grocery
store.
() 2. Adopt Zoning Ordinance
(First and Final Reading) (Marsiglia)
(Favorable by MPC)
Petitioner: Polestar Development
Location: 4002 Barksdale Blvd., Bossier City, LA
Request: Conditional Use Approval for the retail sales of
Low Content Alcohol for off premise consumption at a fueling
island convenience store.
() 3. Introduce an Ordinance ratifying and adopting the attached 2014
General Fund Budget and appropriating funds in conjunction
herewith.
(First Reading) (Hall)
() 4. Introduce an Ordinance appropriating three million one hundred
fifty thousand dollars from the Utility Fund and transferred to the
Riverboat Gaming Capital Projects Fund.
(First Reading) (Hall)
() 5. Introduce an Ordinance adopting the budgetary split for all future
Budgets with the Fire Operations Division at 73 percent and the
Emergency Medical Services Division at 27 percent.
(First Reading) (Hall)
() 6. Introduce an Ordinance eliminating the transfer of interest from the
Riverboat Gaming Trust Fund and the Public Safety and Health
Fund unless absolutely necessary to balance the Budget.
(First Reading) (Hall)
() 7. Introduce an Ordinance requiring all Medicaid Supplemental
Payment Funds received by the City of Bossier City to be
dedicated solely to EMS Capital Expenditures.
(First Reading) (Hall)
() 8. Introduce an Ordinance appropriating and ratifying $125,000 from
the 2014 Sales Tax Capital Improvement Fund to reimburse the
Bossier Parish Police Jury for shared cost on Barksdale Air Force
Base Bodcau Station Road Gate.
(First Reading) (Hall)
() 9. Adopt a Resolution adopting the City of Bossier City's current
investment policy in accordance with LA Revised Statute R.S.
33:2955 (D) and Section 16.02 (J) of the Bossier City Charter.
(First and Final Reading)(Buffington)
() 10. Adopt a Resolution authorizing the hiring of a Data
Communications Technician to fill the vacancy in the Information
Services Division within the Department of Finance.
(First and Final Reading) (Buffington)
() 11. Reappoint Ray Tromba to the Shreveport-Bossier Convention and
Tourist Commission as a representative for the City of Bossier
City. Effective January 1, 2015 and expires December 31, 2017.
() 12. Motion to let the records show that Police Officer Charles Bridges
was elected to serve as the Police representative on the Bossier City
Municipal Fire and Police Civil Service Board to fill an unexpired
term ending March 6, 2015 according to Civil Service Law, L.R.S.
Title 33, Section 2471, (2), 1, an official record of service shall be
placed in the official minutes of the Bossier City Council.
() 13. Approve Report of Change Order for Walking Trail on ART
Parkway @ Union Pacific, an increase of $21,519.61. Total of
Contract with Change Order $199,273.11.
(Hudson)
() 14. Approve 1st and Final Change Order for 2014 Asphalt Street
Program a decrease of $67,640.40. Total of Contract with Change
Order $409,356.80.
(Neathery)
() XI. Announcements-
() XII. Adjourn –
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