City Council

PROCEEDINGS OF THE CITY COUNCIL OF BOSSIER CITY STATE OF LOUISIANA TAKEN AT THE REGULAR MEETING APRIL 21, 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, April 21, 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, Scott Irwin, Jeffery Darby, Don Williams, Jeff Free and Thomas Harvey Absent: Honorable Councilor David Montgomery, Jr. Also Present: City Attorney Jimmy Hall and City Clerk Phyllis McGraw By: Mr. Irwin Motion to approve the minutes of the April 7, 2015, Regular Council Meeting and dispense with the reading. Seconded by Mr. Williams No comment Vote in favor of motion is unanimous By: Mr. Williams Motion to amend agenda to include item #16 under New Business - Introduce an Ordinance to appropriate $2.4 Million to come from the Riverboat Capital Projects Fund to be used to contract with NTB Associates and Supporting Consultants to provide additional engineering design for the Parkway Northern Extension (formerly Hamilton Road Improvements Phase I) and to provide for Right-of-Way acquisitions as will be required for highway construction. Seconded by Mr. Darby 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: None Committee Reports: Joe Buffington, Finance Director, went over monthly Financial Report with Council Unfinished Business: The following Ordinance offered and adopted: ORDINANCE NO. 35 OF 2015 AN ORDINANCE TO APPROPRIATE $350,000 TO COME FROM THE SALES TAX CAPITAL IMPROVEMENTS FUND TO BE USED FOR DESIGN AND CONSTRUCTION OF HIGH MAST STYLE LIGHTING FOR THE SHED ROAD / I-220 INTERCHANGE. ________________________________________________________________  WHEREAS, the Shed Road / I-220 interchange requires lighting for public safety; and WHEREAS, $350,000 is available in the Sales Tax Capital Improvement Fund; and WHEREAS, the engineering firm of Aillet, Fenner, Jolly and McClelland shall provide design of the lights with the design fee of $18,750 to come from this appropriation. NOW, THEREFORE, BE IT ORDAINED by the City Council of Bossier City, in regular session does hereby authorize the Mayor to appropriate $350,000 to come from the Sales Tax Capital Improvements Fund to be used for design and construction of high mast style lighting for the Shed Road / I-220 interchange. 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. Jeff Free and seconded by Mr. Thomas Harvey, and adopted on the 21st day of April, 2015, by the following vote: AYES: Mr. Larkin, Mr. Irwin, Mr. Darby, Mr. Williams, Mr. Free and Mr. Harvey NAYS: none ABSENT: Mr. Montgomery, Jr. ABSTAIN: none _____________________________________ Timothy Larkin, President ______________________________________ Phyllis McGraw, City Clerk The following Ordinance offered and adopted: ORDINANCE NO. 36 OF 2015 AN ORDIANCE TO APPROPRIATE $ 47,569 TO COME FROM SALES TAX CAPITAL IMPROVEMENT FUND TO BE USED TO CONTRACT WITH AEP/SWEPCO TO INSTALL NINETEEN 250 WATT HPS ROADWAY LIGHTS ON EXISTING POLES RUNNING ALONG SHED ROAD, I-220 TO STOCKWELL ROAD. ________________________________________________________________________ WHEREAS, Shed Road running from I-220 to Stockwell Road requires street lights for public safety; and WHEREAS, $47,569 is available in the Sales Tax Capital Improvement Fund to be used for this purpose; NOW, THEREFORE, BE IT ORDAINED that the City Council of Bossier City, in regular session convened, does hereby appropriate $47,569 to come from Sales Tax Improvement Fund to be used to contract with AEP/SWEPCO to install nineteen 250 watt HPS roadway lights on existing poles running along Shed Road, I-220 to Stockwell Road. 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. Jeff Free and seconded by Mr. Thomas Harvey, and adopted on the 21st day of April, 2015, by the following vote: AYES: Mr. Larkin, Mr. Irwin, Mr. Darby, Mr. Williams, Mr. Free and Mr. Harvey NAYS: none ABSENT: Mr. Montgomery, Jr. ABSTAIN: none _____________________________________ Timothy Larkin, President ______________________________________ Phyllis McGraw, City Clerk The following ordinance, having been introduced at a duly convened meeting on April 21, 2015, and notice of its introduction having been published, as required by Section 3.14 of the City Charter, was offered for final adoption by Mr. Scott Irwin and seconded by Mr. Jeffery Darby: Ordinance No. 37 of 2015 AN ORDINANCE AUTHORIZING THE CITY OF BOSSIER CITY, LOUISIANA, TO INCUR DEBT AND TO BORROW FROM THE LOUISIANA LOCAL GOVERNMENT ENVIRONMENTAL FACILITIES AND COMMUNITY DEVELOPMENT AUTHORITY NOT EXCEEDING $5,000,000 TO MATURE NOT LATER THAN TWENTY (20) YEARS FROM DATE OF ORIGINAL ISSUE, AT A RATE OR RATES NOT EXCEEDING FOUR (4%) PERCENT PER ANNUM, FOR THE PURPOSE OF REDEVELOPMENT OF DOWNTOWN BOSSIER CITY, LOUISIANA; AND PROVIDING FOR OTHER MATTERS IN CONNECTION WITH THE FOREGOING. WHEREAS, the City of Bossier City, Louisiana, a political subdivision of the State of Louisiana (the “City”), after examining available data, has determined that there is substantial need for financing redevelopment of portions of its downtown area and general public infrastructure improvements through issuance by the Louisiana Local Government Environmental Facilities and Community Development Authority (the “Authority”) of its revenue bonds on behalf of the City will assist in alleviating such need, to the City’s benefit; and WHEREAS, the Authority is a political subdivision of the State of Louisiana (the “State”), created pursuant to the authority of Chapter 10-D of Title 33 of the Louisiana Revised Statutes of 1950, as amended (La. R.S. 33:4548.1 through 4548.16) (the “Act”), and certain related constitutional and statutory authority; and  WHEREAS, pursuant to the authority granted to it in the Act, the Authority proposes to issue not exceeding $5,000,000 of its Revenue Bonds (City of Bossier City, Louisiana Project), Series 2015-A (the “Bonds”) for the purpose of assisting the City in financing redevelopment of portions of its downtown area and general public infrastructure improvements and paying the costs of issuance of the bonds (the “Project”); and WHEREAS, the Authority may lend proceeds received from the sale of bonds to participating political subdivisions for authorized public purposes; and WHEREAS, pursuant to and in accordance with the Act and a Loan Agreement dated as of April 1, 2015 (the “Loan Agreement”) to be entered into by and between the Authority and the City, the City will borrow from the Authority funds to finance the Project under the terms and conditions more fully described in the Loan Agreement; and WHEREAS, in turn, for payment and security of the Bonds, the Loan Agreement will provide for a pledge by the City of the funds, income, revenue, fees, receipts or charges of any nature from any source whatsoever on deposit with or accruing from time to time to the City, provided that no such funds, income, revenue, fees, receipts or charges shall be so included in this definition which have been or are in the future legally dedicated and required for other purposes by the electorate, by the terms of specific grants, by the terms of particular obligations issued or to be issued (to the extent pledged or budgeted to pay debt service on such other obligations) or by operation of law, and provided further that the full faith and credit of the City is not pledged, and there is no obligation to levy or increase taxes or other sources of revenue above any legal limits applicable to the Borrower from time to time (“Lawfully Available Funds”), thereby obligating the City to pay to the Authority amounts necessary to allow the Authority to make principal and interest payments on the Bonds; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BOSSIER CITY, LOUISIANA, in regular session convened, that: SECTION 1. In compliance with the applicable provisions of the City Charter and Code of Ordinances, the Act and other constitutional and statutory authority supplemental thereto, there be and there is hereby authorized the incurring of indebtedness and the borrowing from the Authority of the proceeds of not exceeding Five Million and No/100 Dollars ($5,000,000) Revenue Bonds (City of Bossier City, Louisiana Project), Series 2015-A (the “Bonds”), said Bonds mature not later than twenty (20) years from date of original issue, at a fixed rate or rates not exceeding four (4%) per annum, to be secured by and payable from Lawfully Available Funds of the City, including the funds, income, revenue, fees, receipts or charges of any nature from any source whatsoever on deposit with or accruing from time to time to the City, provided that no such funds, income, revenue, fees, receipts or charges shall be so included in this definition which have been or are in the future legally dedicated and required for other purposes by the electorate, by the terms of specific grants, by the terms of particular obligations issued or to be issued (to the extent pledged or budgeted to pay debt service on such other obligations) or by operation of law, and provided further that the full faith and credit of the City is not pledged, and there is no obligation to levy or increase taxes or other sources of revenue above any legal limits applicable to the City from time to time. SECTION 2. This City Council does hereby approve execution of the Loan Agreement with the Authority substantially in the form attached hereto as Exhibit A. The Mayor of the City be and he is hereby authorized and directed to execute said Loan Agreement for and on behalf of the City and is further authorized to make and approve any changes required therein, but not inconsistent with the intent of this Ordinance. SECTION 3. Application by the Authority to the Louisiana State Bond Commission, including the estimated costs of issuance shown on the Financial Disclosure Form attached thereto, pursuant to the provisions of Act for consent, approval and authority to incur debt and borrow moneys for financing the Project, to be secured by and payable from Lawfully Available Funds of the City is hereby ratified and approved. SECTION 4. The Mayor and/or Clerk of the Council be and they are further authorized, empowered, and directed to execute on behalf of the City any and all other documents deemed necessary by Bond Counsel to the City, in order to facilitate the Authority’s issuance of the Bonds for financing the Project.  SECTION 5. The City covenants and agrees that, to the extent permitted by the laws of the State of Louisiana, it will comply with the requirements of the Internal Revenue Code of 1986, as amended (the “Code”) in order to establish, maintain and preserve the exclusion from “gross income” of interest on the Bonds under the Code. The City further covenants and agrees it will not take any action, fail to take any action, or permit any action within its control to be taken, or permit at any time or times any of the proceeds of the Bonds or any other funds of the City to be used directly or indirectly in any manner, the effect of which would be to cause the Bonds to be “arbitrage bonds” or would result in the inclusion of interest on any of the Bonds in gross income under the Code, including, without limitation, (i) the failure to comply with the limitation on investment of Bond proceeds or (ii) the failure to pay any required rebate of arbitrage earnings to the United States of America or (iii) the use of proceeds of the Bonds in a manner which would cause the Bonds to be “private activity bonds.” SECTION 6. The Mayor and such other officials of the City as may be appropriate shall be and they are hereby authorized and directed to take and perform any and all actions required and necessary under the terms of the Loan Agreement, including execution of certificates and other documents necessary therefor. The Mayor is hereby further empowered, authorized and directed to take any and all action and to execute and deliver any instrument, document or certificate necessary to effectuate the purposes of this Ordinance. The above and foregoing Ordinance was read in full at open and legal session convened, was on motion of Mr. Scott Irwin and seconded by Mr. Jeffery Darby, and adopted on the 21st day of April, 2015, by the following vote: AYES: Mr. Larkin, Mr. Irwin, Mr. Darby, Mr. Williams, Mr. Free and Mr. Harvey NAYS: none ABSENT: Mr. Montgomery, Jr. ABSTAIN: none _______________________________ Timothy Larkin, President ________________________________ 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 Council of the City of Bossier City, Louisiana. I further certify that the above and foregoing is a true and correct copy of an excerpt from the minutes of a public meeting of the City Council of the City of Bossier City, Louisiana held on April 21, 2015, and of Ordinance No. 37 of 2015 adopted at said meeting, as said minutes and Ordinance appear officially of record in my possession. IN WITNESS WHEREOF, witness my official signature and the impress of the official seal of the City of Bossier City, Louisiana, on this 21st day of April, 2015. PHYLLIS McGRAW Clerk of the Council  ORDINANCE # 38 OF 2015 BY, An Ordinance adopting detailed estimate and exhibition of the various items of receipts and expenditures for the City of Bossier City, Louisiana, for the fiscal year beginning January 1, 2015 and ending December 31, 2015, to serve as a budget of expenditures. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BOSSIER CITY, LOUISIANA IN SESSION CONVENED THAT: SECTION 1: The following detailed estimate of receipts and expenditures for the City of Bossier City, Louisiana for the fiscal year beginning January1, 2015 and ending December 31, 2015, and the same is hereby adopted to serve as a budget of expenditures for said City for said fiscal year, to wit: 2015 HOTEL/MOTEL TAXES Proposed 2015 REVENUES Budget Revenue from State $1,400,000 3/4% Occupancy Tax 900,000 Miscellaneous 2,500 Total Revenue 2,302,500 Expenditures Debt Service $0 Centurylink Equipment 349,000 Total Expenditures 349,000 Over Expenditures $1,953,500 Trf Out to Centurylink(special events)* $0 Transfer Out to Centurylink(cash flow) -205,000 Transfer Out to Civic Center -465,000 Transfer Out to Utility Debt Service -1,000,000 Transfer Out Dixie Little League 2015 0 Transfer Out for Sports Authority -25,000 Fund Balance at Beginning of Year 739,992 Fund Balance Reserved Centurylink Fund Balance at End of Year $998,492 *May be used to attract special events, etc. SECTION 2: The adoption of this budget be, and the same is hereby declared to operate as an appropriation of the amounts herein set for the purposes therein stated. SECTION 3: This Ordinance shall become effective after its promulgation all in the manner and form prescribed by law. SECTION 4: This Ordinance was duly read to the City Council of the City of Bossier City and considered section by section, then as a whole, and was on motion of Mr. Don Williams and seconded by Mr. Jeff Free, AYES; Mr. Larkin, Mr. Irwin, Mr. Darby, Mr. Williams, Mr. Free and Mr. Harvey NAYES; NONE ABSENT; Mr. Montgomery, Jr. ABSTAIN; NONE ____________________________ _______________________ President, Timothy Larkin City Clerk, Phyllis McGraw New Business: The following Ordinance offered and adopted: ORDINANCE NO. 39 OF 2015 AN ORDINANCE DECLARING THAT AN EMERGENCY DID EXIST IN THE CITY OF BOSSIER CITY WHICH AFFECTED PROPERTY, PUBLIC HEALTH, AND SAFETY DUE TO A SEWER MAIN COLLAPSE ALONG THE EAST SIDE OF BENTON ROAD AT ALAMEDA. WHEREAS, a sewer main break at this location required immediate repair, and WHEREAS, the repair was hindered due to in situ conditions requiring the installation of a parallel section of main via horizontal directional drilling. NOW, THEREFORE, BE IT ORDAINED by the City Council of Bossier City, Louisiana, in regular session convened, hereby declares that this situation constituted an emergency and affected property, health, and safety due to the sewer main break. BE IT FURTHER ORDAINED, that funds to repair the sewer force main will come from the 2014 Capital Sewer Bond, in an amount not to exceed $83,933.67 (Eighty-Three Thousand, Nine Hundred and Thirty-Three and 67/100 Dollars) 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. Scott Irwin, and seconded by Mr. Don Williams, and adopted on the 21st day of April, 2015, by the following vote: AYES: Mr. Larkin, Mr. Irwin, Mr. Darby, Mr. Williams, Mr. Free and Mr. Harvey NAYS: none ABSENT: Mr. Montgomery, Jr. ABSTAIN: none __________________________ Timothy Larkin, Council President __________________________ Phyllis McGraw, City Clerk The following Ordinance offered and adopted: ORDINANCE NO. 40 OF 2015 AN ORDINANCE DECLARING THAT AN EMERGENCY DID EXIST IN THE CITY OF BOSSIER CITY WHICH AFFECTED PROPERTY, PUBLIC HEALTH, AND SAFETY DUE TO A SEWER MAIN COLLAPSE ALONG THE WEST SIDE OF BENTON ROAD AT ALAMEDA. WHEREAS, a sewer main break at this location required immediate repair, and WHEREAS, the repair was hindered due to in situ conditions requiring the installation of a parallel section of main via horizontal directional drilling. NOW, THEREFORE, BE IT ORDAINED by the City Council of Bossier City, Louisiana, in regular session convened, hereby declares that this situation constituted an emergency and affected property, health, and safety due to the sewer main break. BE IT FURTHER ORDAINED, that funds to repair the sewer force main will come from the 2014 Capital Sewer Bond, in an amount not to exceed $140,395.00 (One Hundred Forty Thousand, Three Hundred Ninety-Five and 00/100 Dollars) 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. Jeff Free, and adopted on the 21st day of April, 2015, by the following vote: AYES: Mr. Larkin, Mr. Irwin, Mr. Darby, Mr. Williams, Mr. Free and Mr. Harvey NAYS: none ABSENT: Mr. Montgomery, Jr. ABSTAIN: none __________________________ Timothy Larkin, Council President __________________________ Phyllis McGraw, City Clerk The following Ordinance offered and adopted: ORDINANCE NO. 41 OF 2015 AN ORDINANCE DECLARING THAT AN EMERGENCY DID EXIST IN THE CITY OF BOSSIER CITY WHICH AFFECTED PROPERTY, PUBLIC HEALTH, AND SAFETY DUE TO A BROKEN WATER SERVICE LINE AT 1515 EAST TEXAS STREET. WHEREAS, the water service line at the aforementioned address ruptured causing loss of service, and WHEREAS, the utilities department was unable to complete a repair due to the need for a new service line to be bored across Texas Street, and WHEREAS, the installation required specialty equipment not owned by the City of Bossier City, and WHEREAS, a contractor was immediately dispatched to the site to restore services to prevent further loss of business for the motel at the aforementioned address, and WHEREAS, the repairs were made and service restored within hours of dispatching the contractor. NOW, THEREFORE, BE IT ORDAINED by the City Council of Bossier City, Louisiana, in regular session convened, hereby declares that this situation affected property, health, and safety due to the broken water service at this location. BE IT FURTHER ORDAINED, that funds providing for the procurement of the goods and services needed to repair the water service line are hereby appropriated from the Water Capital and Contingency Account in the amount of $12,888.06 (Twelve Thousand, Eight Hundred Eighty-Eight, and 06/100) 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. Jeff Free, and adopted on the 21st day of April, 2015, by the following vote: AYES: Mr. Larkin, Mr. Irwin, Mr. Darby, Mr. Williams, Mr. Free and Mr. Harvey NAYS: none ABSENT: Mr. Montgomery, Jr. ABSTAIN: none __________________________ Timothy Larkin, Council President __________________________ Phyllis McGraw, City Clerk The following Ordinance offered and adopted: ORDINANCE NO. 42 OF 2015 AN ORDINANCE DECLARING THAT AN EMERGENCY DID EXIST IN THE CITY OF BOSSIER CITY WHICH AFFECTED PROPERTY, PUBLIC HEALTH, AND SAFETY DUE TO THE THREAT OF IMMINENT FLOODING WHEREAS, March 2015 was accompanied by a heavy rainfall cumulative of nearly nine inches, and WHEREAS, various water bodies in and around the area were at critical levels and flood levels, causing high water elevations in various water bodies throughout Bossier City, and WHEREAS, the high water elevations and imminent threat of flooding due to continued rainfall necessitated the action of flooding preparation, and WHEREAS, resources for flooding preparation were not sufficient to provide traditional flood response measures such as sandbagging at all sites, and WHEREAS, less resource intensive prevention measures were procured, namely Hesco Flood Barriers, for protection of the endangered Northeast Waste Water Treatment Plant, and WHEREAS, certain storm water pump stations, as maintained by the Utilities Department, deemed pertinent to flood fighting were found to be without backup electrical power, and WHEREAS, the Hickory Ridge Stormwater Pump Station was outfitted with a rental standby generator and necessary wiring conducted to enable the standby power in the event of a power outage during critical flood response. NOW, THEREFORE, BE IT ORDAINED by the City Council of Bossier City, Louisiana, in regular session convened, hereby declares that this situation affected property, health, and safety due to the imminent flood threat of the Northeast Waste Water Treatment Plant and the potential electrical failure of the Hickory Ridge Stormwater Pump Station. BE IT FURTHER ORDAINED, that funds providing for the procurement of the goods and services needed to provide flood threat response be appropriated from the Sewer Capital and Contingency account in an amount not to exceed $44,091.74 (Forty-Four Thousand, Ninety-One Dollars and 74/100) and distributed to the accounts transacted with emergency procurements 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. Jeff Free, and adopted on the 21st day of April, 2015, by the following vote: AYES: Mr. Larkin, Mr. Irwin, Mr. Darby, Mr. Williams, Mr. Free and Mr. Harvey NAYS: none ABSENT: Mr. Montgomery, Jr. ABSTAIN: none __________________________ Timothy Larkin, Council President __________________________ Phyllis McGraw, City Clerk By: Mr. Irwin Motion to introduce an Ordinance to appropriate $100,000.00 from the 2014 Sewer Bond Fund to relocate an existing sewer force main to facilitate a parish road and drainage project at Swan Lake Road and Airline Dr. Seconded by Mr. Free No comment Vote in favor of motion is unanimous By: Mr. Free Motion to introduce an Ordinance authorizing Mayor Lorenz Walker to execute the attached Cooperative Endeavor Agreement to establish the location of the Sheriffs Office Back Up Radio System, at the City of Bossier City Emergency Operation Center. Seconded by Mr. Williams No comment Vote in favor of motion is unanimous By: Mr. Harvey Motion to introduce an Ordinance authorizing the sale of a certain tract of land located on Hwy. 80 consisting of portion of Lots 9, 10, 11, 12 and 13 of Block 4, East McCormick Annex of .347 acres to Byron Garner for the appraised value pursuant to Louisiana. Seconded by Mr. Irwin No comment Vote in favor of motion is unanimous RESOLUTION NO. 34 OF 2015 A RESOLUTION TO SUPPORT HOUSE BILL 216 TO BE CONSIDERED IN THE 2015 REGULAR SESSION OF THE LOUISIANA LEGISLATURE RELATIVE TO THE HOTEL OCCUPANCY TAX, AND TO OTHERWISE PROVIDE WITH RESPECT THERETO.  WHEREAS, the Shreveport-Bossier Convention and Tourist Bureau (The Bureau) is authorized to levy a hotel occupancy tax of 4.5%; and WHEREAS, House Bill 216 of the 2015 Regular Session of the Louisiana Legislature authorizes the Bureau to levy an additional tax of 1.5%, provided the additional levy is approved by the voters at a tax election; and WHEREAS, if approved at the tax election, the additional levy will be dedicated as follows; “Fifty percent of one cent” each to the Independence Bowl, the Ark-La-Tex Regional Air Service and the Shreveport-Bossier Sports Commission; and WHEREAS, if approved at the tax election, the additional levy will expire after 12 years unless it is renewed by the voters for a term not to exceed an additional 12 years; and WHEREAS, the funds generated by this additional levy will increase economic activity in the greater Shreveport–Bossier community, and improve the lives of citizens in northwest Louisiana NOW THEREFORE BE IT RESOLVED by the City Council of the City of Bossier City, in due, regular, and legal session convened, that the Bossier City Council endorses and strongly supports the enactment of House Bill No. 216 that has been filed in the 2015 Regular Session of the Louisiana Legislature. BE IT FURTHER RESOLVED that if any provision 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 severable. BE IT FURTHER RESOLVED that all resolutions or parts thereof in conflict herewith are hereby repealed. 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 21st, day of April, 2015, by the following vote: AYES: Mr. Larkin, Mr. Irwin, Mr. Darby, Mr. Williams, Mr. Free and Mr. Harvey NAYS: none ABSENT: Mr. Montgomery, Jr. ABSTAIN: none ____________________________ Timothy Larkin, President ____________________________ Phyllis McGraw, City Clerk Bossier City, Louisiana April 21, 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, April 21, 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. Larkin, Mr. Irwin, Mr. Darby, Mr. Williams, Mr. Free and Mr. Harvey ABSENT: Mr. Montgomery, Jr. 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. Scott Irwin and seconded by Mr. Don Williams, was adopted by the following vote: YEAS: Mr. Larkin, Mr. Irwin, Mr. Darby, Mr. Williams, Mr. Free and Mr. Harvey NAYS: none RESOLUTION NO. 35 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 FIFTEEN MILLION AND NO/100 DOLLARS ($15,000,000) 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 FIFTEEN MILLION AND NO/100 Dollars ($15,000,000) 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 Fifteen Million and No/100 Dollars ($15,000,000), 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, the Loan Agreement and any other certificates, documents or instruments 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, the Loan Agreement and any other certificates, documents or instruments 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 21st day of April, 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 April 21, 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 21st day of April, 2015. PHYLLIS McGRAW, Clerk of Council The following Resolution offered and adopted: RESOLUTION NO. 36 OF 2015 A RESOLUTION AUTHORIZING THE HIRING OF A REPLACEMENT FOR ONE COMMUNICATIONS POLICE OFFICER TO REPLACE A RESIGNATION FROM THE DEPARTMENT WHEREAS, Ordinance No. 2 of 2010 implemented a hiring freeze requiring Bossier City Council approval for the hiring of any personnel;  WHEREAS, a vacancy now exists in the Police Department, and filling this position will allow operations to continue; 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 one Communications Police Officer to replace a resignation from the Department. The above and foregoing Resolution was read in full at open and legal session convened, was on motion of Mr. Don Williams, and second by Mr. Jeffery Darby, and adopted on the 21st day of April, 2015, by the following vote: AYES: Mr. Larkin, Mr. Irwin, Mr. Darby, Mr. Williams, Mr. Free and Mr. Harvey NAYS: none ABSENT: Mr. Montgomery, Jr. ABSTAIN: none ____________________________ Timothy Larkin, President ____________________________ Phyllis McGraw, City Clerk The following Resolution offered and adopted: RESOLUTION NO. 37 OF 2015 A RESOLUTION AUTHORIZING THE HIRING OF A REPLACEMENT FOR ONE CLERK I TO REPLACE A RESIGNATION FROM THE DEPARTMENT WHEREAS, Ordinance No. 2 of 2010 implemented a hiring freeze requiring Bossier City Council approval for the hiring of any personnel; WHEREAS, a vacancy now exists in the Police Department, and filling this position will allow operations to continue; 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 one Clerk I to replace a resignation from the Department. The above and foregoing Resolution was read in full at open and legal session convened, was on motion of Mr. Don Williams, and second by Mr. Jeff Free, and adopted on the 21st day of April, 2015, by the following vote: AYES: Mr. Larkin, Mr. Irwin, Mr. Darby, Mr. Williams, Mr. Free and Mr. Harvey NAYS: none ABSENT: Mr. Montgomery ABSTAIN: none ____________________________ Timothy Larkin, President ____________________________ Phyllis McGraw, City Clerk The following Resolution offered and adopted: RESOLUTION NO. 38 OF 2015 A RESOLUTION TO HIRE OR PROMOTE ONE EQUIPMENT OPERATOR IN WATER DISTRIBUTION TO REPLACE VACANT POSITION IN PUBLIC UTILITIES. _____________________________________________________ WHEREAS, the City Council of the City of Bossier City authorizes the hiring or promotion of one Equipment Operator in Water Distribution to replace vacant position in Public Utilities. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Bossier City, in regular session convened, does hereby authorize the hiring or promotion of one Equipment Operator in Water Distribution to replace vacant position in Public Utilities. The above and foregoing Resolution, read in full at open and legal session convened, was on motion of Mr. Scott Irwin and seconded by Mr. Don Williams, and adopted on the 21st day of April, 2015, by the following vote: AYES: Mr. Larkin, Mr. Irwin, Mr. Darby, Mr. Williams, Mr. Free and Mr. Harvey NAYS: none ABSENT: Mr. Montgomery, Jr. ABSTAIN: none ___________________________ Timothy Larkin, Council President ___________________________ Phyllis McGraw, City Clerk RESOLUTION NO. 39 OF 2015  A RESOLUTION TO ALLOW THE PROPOSED COMMERCIAL PROPERTY TO BE LOCATED AT 5148 AIRLINE DRIVE BE ALLOWED TO UTILIZE BOSSIER CITY WATER AND SEWER SERVICE. __________________________________________________________ WHEREAS, Ordinance No. 75 of 2014 requires that commercial buildings to be constructed outside the Bossier City limits requires City Council approval in order to utilize Bossier City water or sewer services. NOW THEREFORE BE IT RESOLVED in regular session convened that the Bossier City Council approves the proposed commercial building to be located at 5148 Airline Drive be allowed to utilize Bossier City water and sewer service with all other applicable rules, regulations and laws to apply to this property. On motion by Mr. Don Williams, and seconded by Mr. Scott Irwin, the above and foregoing Resolution was declared duly adopted on this the 21st day of April, 2015. AYES: Mr. Larkin, Mr. Irwin, Mr. Darby, Mr. Williams, Mr. Free and Mr. Harvey NAYS: none ABSENT: Mr. Montgomery, Jr. ABSTAIN: none ___________________________________________________ Timothy Larkin, President ___________________________________________________ Phyllis McGraw, City Clerk By: Mr. Irwin Motion to approve Report of Change Order #1 for the Red River Waste Water Treatment Plant Expansion and Rehabilitation Project and the Northeast Waste Water Treatment Plant Upgrade and Rehabilitation Project an increase of $1,031,617.00. Total cost of Contract with increase $60,944,617.00. Seconded by Mr. Williams No comment Vote in favor of motion is unanimous By: Mr. Williams Motion to approve Report of Closeout Change Order for Central Park Lift Station Rehab Project a decrease of $23,910.00. Total of Contract with decrease $249,446.00 Seconded by Mr. Harvey No comment Vote in favor of motion is unanimous By: Mr. Harvey Motion to introduce an Ordinance to appropriate $2.4 Million to come from the Riverboat Capital Projects Fund to be used to contract with NTB Associates and Supporting Consultants to provide additional engineering design for the Parkway Northern Extension (formerly Hamilton Road Improvements Phase I) and to provide for Right-of-Way acquisitions as will be required for highway construction. Seconded by Mr. Irwin No comment Vote in favor of motion is unanimous There being no further business to come before this Council, meeting adjourned at 3:19 PM by Mr. Larkin Respectfully submitted: Phyllis McGraw City Clerk Publish: April 29, 2015 Bossier Press Tribune