City Council

PROCEEDINGS OF THE CITY COUNCIL OF BOSSIER CITY STATE OF LOUISIANA TAKEN AT THE REGULAR MEETING FEBRUARY 16, 2016 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, February 16, 2016, at 3:00 PM Invocation was given by Council Member Scott Irwin Pledge of Allegiance led by Council Member Jeff Free Roll Call as follows: Present: Honorable Councilor Don Williams, President, Honorable Councilors, David Montgomery, Jr., Timothy Larkin, Scott Irwin, Jeffery Darby, Thomas Harvey and Jeff Free Also Present: Mayor Lorenz Walker, City Attorney Jimmy Hall and City Clerk Phyllis McGraw By: Mr. Darby Motion to approve the minutes of the February 2, 2016, Regular Council Meeting and dispense with the reading. Seconded by Mr. Montgomery, Jr. No comment Vote in favor of motion is unanimous By: Mr. Montgomery, Jr. Motion to amend Agenda to include New Business, Item #14 - Introduce an Ordinance to enlarge the limits and boundaries of the City of Bossier City by annexing 6.337 acres of property located in the Northeast quarter of Section 15, Township 18 North, Range 13 West, Bossier Parish, Louisiana. Seconded by Mr. Darby No comment Vote in favor of motion is unanimous By: Mr. Montgomery, Jr. Motion to amend Agenda to include New Business, Item #15 - Adopt a Resolution in support of the Caddo-Bossier Parishes Port Commission to renew the 1993, 2.5 Property Tax Millage for 25 years. Seconded by Mr. Irwin No comment Vote in favor of motion is unanimous By: Mr. Irwin Motion to approve Agenda as amended. Seconded by Mr. Montgomery, Jr. No Comment Vote in favor or motion is unanimous Joe Buffington, Finance Director, gave Council Monthly Financial Report Pam Glorioso, Mayors Project Coordinator, and Jimmy Hall, City Attorney, gave update on Bossier Downtown Re-Envisioning Project. Old Business: The following Ordinance offered and adopted: ORDINANCE NO. 21 OF 2016 AN ORDINANCE TO AUTHORIZE THE MAYOR TO EXECUTE A DRAINAGE EASEMENT DEDICATION TO BE LOCATED AT 5024 LONGSTREET PLACE. ________________________________________________________  WHEREAS, underground drainage has caused erosion to an open ditch located at 5024 Longstreet Place which requires the open ditch to be lined with drainage pipe and covered up to avoid damage to private property; and WHEREAS, a DRAINAGE EASEMENT DEDICATION map is attached to and is a part of this ordinance. NOW, THEREFORE, BE IT ORDAINED by the City Council of Bossier City, in regular session does hereby authorize the Mayor to execute a DRAINAGE EASEMENT DEDICATION to be located at 5024 Longstreet Place. 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. Scott Irwin and seconded by Mr. Don Williams, and adopted on the 16th day of February, 2016 by the following vote: AYES: Mr. Montgomery, Jr., Mr. Larkin, Mr. Irwin, Mr. Williams, Mr. Free and Mr. Harvey NAYS: none ABSENT: none ABSTAIN: Mr. Darby _____________________________________ Don Williams, President ______________________________________ Phyllis McGraw, City Clerk NEW BUSINESS: By: Mr. Darby Motion to continue New Business Agenda Items 1-6 until the March 1, 2016 Meeting. Seconded by Mr. Irwin No Comment Vote in favor of motion is unanimous By: Mr. Montgomery, Jr. Motion to Introduce an Ordinance appropriating $66,877.30 from General Fund balance to hire an interim Director of Human Resources. Seconded by Mr. Harvey No comment Vote in favor of motion is unanimous The following Ordinance offered and adopted: ORDINANCE NO. 22 OF 2016 AN ORDINANCE DECLARING THAT AN EMERGENCY DID EXIST IN THE CITY OF BOSSIER CITY WHICH AFFECTED PROPERTY, PUBLIC HEALTH, AND SAFETY DUE TO RED RIVER FLOODING AND PROVIDING FUNDING FOR EMERGENCY ACTIONS.  WHEREAS, the Red River began to rise and emergency action had to be taken beginning December 1, 2015 to protect the sewer bypass operation at the Red River Wastewater Treatment Plant; and WHEREAS, additional measures had to be taken to protect the Traffic Street underpass, the Veteran’s Home and additionally at the wastewater plant; and WHEREAS, these operations were maintained in one area continuously and in other areas intermittently until January 28, 2016. NOW, THEREFORE, BE IT ORDAINED, in legal session and fully convened, The Bossier City Council hereby endorses that emergency measures were necessary and approves funding in the amount of $70,000.00 from the 1991 Streets and Drainage Fund for this effort. The above and foregoing Ordinance was read in full at open and legal session convened, was on motion of Mr. Jeffery Darby, and second by Mr. Scott Irwin, and adopted on the 16th day of February, 2016, 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 ______________________________ Don Williams, President ______________________________ Phyllis McGraw, City Clerk By: Mr. Montgomery, Jr. Motion to continue New Business Agenda Item 9 until the March 1, 2016 City Council Meeting. Seconded by Mr. Larkin No comment Vote in favor of motion is unanimous On Motion of Mr. David Montgomery, Jr., seconded by Mr. Jeff Free, the following resolution was offered and introduced: RESOLUTION NO. 12 OF 2016 A RESOLUTION AUTHORIZING THE CITY TO PROCEED WITH DEVELOPMENT OF A PROJECT INVOLVING ISSUANCE OF NOT EXCEEDING $4,000,000 PRINCIPAL AMOUNT OF PUBLIC IMPROVEMENT SALES TAX REVENUE BONDS, SERIES ST-2016, FOR THE PURPOSE OF ACQUIRING, EXTENDING OR IMPROVING ANY PUBLIC WORKS  OR CAPITAL IMPROVEMENTS FOR THE ISSUER, INCLUDING ANY NECESSARY SITES, EQUIPMENT AND FURNISHINGS THEREFOR, AND PAYING THE COSTS OF ISSUANCE OF THE BONDS; MAKING APPLICATION TO THE LOUISIANA STATE BOND COMMISSION AND PROVIDING FOR OTHER MATTERS IN CONNECTION THEREWITH. WHEREAS, the City of Bossier City, Louisiana (the “Issuer”) is a duly created and validly existing body corporate, politic and political subdivision of the State of Louisiana, under and pursuant to the provisions of Article VI, § 2 of the Louisiana Constitution of 1974, as amended, and a Charter adopted by the Issuer July 1, 1977, as amended; and WHEREAS, the Issuer is now levying and collecting a one percent (1%) sales and use tax by virtue of Ordinance No. 804 of 1963, adopted by this City Council on November 25, 1963 (the “Tax”), under the authority of a special election held in said Issuer on September 24, 1963; and WHEREAS, another special election was held in the Issuer on November 7, 1978, under the authority conferred by Sub-Part F, Part III, Chapter 4, Title 39 of the Louisiana Revised Statues of 1950, and other constitutional and statutory authority supplemental thereto, at which special election the a majority of the qualified electors of the Issuer voting at said election approved a rededication of the proceeds of the Tax for the purpose of purchasing, constructing, acquiring, extending or improving any public works or capital improvements for said City, including any necessary sites, equipment and furnishings therefor; and WHEREAS, pursuant to the provisions of Chapter 13 of Title 39 of the Louisiana Revised Statutes of 1950, as amended (La. R.S. 39:1421, et seq.) (the “Act”), the Issuer is authorized to issue its public improvement sales tax revenue bonds, in an amount not to exceed $4,000,000, Series ST-2016 (the “Bonds”), for the purpose of purchasing, constructing, acquiring, extending or improving any public works or capital improvements for said City, including any necessary sites, equipment and furnishings therefor, the provision of which, to such extent and in such manner as is not or hereafter contemplated, shall be deemed an authorized public function under the provisions of the Act; and WHEREAS, the Issuer reasonably expects to reimburse its expenditures incurred prior to issuance of the Bonds, if any, for the Project, from proceeds of the Bonds and to have this resolution serve as a declaration of intent under Section 1.150-2 of the United States Treasury Regulations issued pursuant to the Internal Revenue Code of 1986, as amended (“Code”);  WHEREAS, issuance of the Bonds will foster and be in furtherance of the objectives of the public service functions of the Issuer; NOW, THEREFORE, BE IT RESOLVED by the City Council, governing authority of the Issuer, as follows: SECTION 1. The Issuer is hereby authorized to proceed with a plan for development of the Project involving the proposed issuance of Public Improvement Sales Tax Revenue Bonds of the Issuer in the aggregate principal amount not to exceed $4,000,000, Series ST-2016, either as taxable or tax-exempt obligations, at a rate or rates not to exceed 6% per annum, for a term or terms not exceeding twenty (20) years from date of issuance of the Bonds. The Bonds shall be issued for the purpose of (i) purchasing, constructing, acquiring, extending or improving any public works or capital improvements for said City, including any necessary sites, equipment and furnishings therefor, (ii) paying the costs of issuance associated with the Bonds, including the municipal bond insurance premium, if any, and (iii) funding a debt service reserve fund or purchasing a debt service reserve fund insurance policy, if required (the “Project”), said Bonds to be payable from and secured by an irrevocable pledge and dedication of the avails or proceeds of the Tax, received by the Issuer, after provision has been made for the payment therefrom of all of the reasonable and necessary costs and expenses of collecting the Tax. SECTION 2. The Issuer shall reimburse its expenditures incurred prior to issuance of the Bonds, if any, for the Project, from proceeds of the Bonds. This resolution serves as a declaration of the Issuer’s intent, under Section 1.150-2 of the United States Treasury Regulations issued pursuant to the Internal Revenue Code of 1986, as amended (“Code”), to make such reimbursements. This Resolution evidences official intent of the Issuer toward issuance of its Bonds as contemplated herein in accordance with the laws of this State and the United States Treasury Regulations Section 1.150-2(e). The Bonds are not expected to exceed an aggregate principal amount of $4,000,000. SECTION 3. Government Consultants, Inc., Baton Rouge, Louisiana, is hereby appointed as financial advisor in connection with the Bonds. SECTION 4. There being a real public necessity for retention and employment of legal counsel to provide specialized legal services in connection with issuance of the Bonds by the Issuer, and it appearing that the public interest requires obtaining of such specialized legal services, Joseph A. Delafield, A Professional Corporation, of Lake Charles, Louisiana (“Bond Counsel”), is hereby employed for such purposes. The fee for the work to be performed by Bond Counsel is contingent upon issuance, sale and delivery of the Bonds, and shall be in accordance with the maximum fee schedule of the Attorney General of the State of Louisiana for comprehensive legal and coordinate professional work of bond attorneys and bond counsel in the issuance of revenue bonds. SECTION 5. The Clerk of the City Council is empowered, authorized and requested to forward to the Louisiana State Bond Commission a certified copy of this resolution which shall constitute a formal application as herein provided. 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. SECTION 6. The City Council hereby authorizes and directs its Mayor, Chief Administrative Officer, Director of Finance, Clerk 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 7. Stifel, Nicolaus & Company, Incorporated, Baton Rouge, Louisiana, and Sisung Securities Corporation, New Orleans, Louisiana, are hereby employed as co-managing underwriters in connection with the Bonds, compensation to be subsequently approved by the Issuer and to be paid from proceeds of the Bonds and contingent upon issuance of the Bonds; provided, no compensation shall be due to the underwriters unless the Bonds are issued and delivered and all costs must be reasonable and approved by the Issuer. SECTION 8. The Issuer shall incur no financial liability for issuance of the Bonds, other than the non-refundable application fee with the Louisiana State Bond Commission, until such time as issuance of the Bonds has been approved by the Louisiana State Bond Commission and a bond ordinance has been duly approved and adopted by the Issuer. SECTION 9. If any provision, item or application of this Resolution or the applications thereof are held invalid, such invalidity shall not affect other provisions, items or applications 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.  SECTION 10. This Resolution shall become effective immediately upon its adoption. SECTION 11. All Resolutions in conflict herewith are hereby repealed. The resolution having been submitted to a vote the vote thereon was as follows: YEAS: Mr. Montgomery, Jr., Mr. Larkin, Mr. Irwin, Mr. Darby, Mr. Williams, Mr. Free and Mr. Harvey NAYS: none ABSENT: none This resolution was declared adopted on this 16th day of February, 2016. _________________________ _______________________________ PHYLLIS McGRAW DON WILLIAMS Clerk of the Council President 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. ____________________________ DON WILLIAMS, 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 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 February 16, 2016, 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 16th day of February, 2016. ___________________________________ PHYLLIS McGRAW, Clerk of Council The following Resolution offered and adopted: RESOLUTION NO. 13 OF 2016 A RESOLUTION AUTHORIZING THE HIRING OF A REPLACEMENT FOR ONE POLICE OFFICER WHO RETIRED 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 police officer to replace a retirement from the Department. The above and foregoing Resolution was read in full at open and legal session convened, was on motion of Mr. Thomas Harvey, and second by Mr. Jeffery Darby, and adopted on the 16th, day of February, 2016, 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 ______________________ Don Williams, President ________________________ Phyllis McGraw, City Clerk By: Mr. Montgomery, Jr. Motion to continue New Business Agenda Item 12 until the March 1, 2016 City Council Meeting. Seconded by Mr. Williams No comment Vote in favor of motion is unanimous By: Mr. Irwin Motion to approve Report of Change Order for Walker Place Park an increase of $96,314.00. Total cost of contract with increase $2,393,314.00. Seconded by Mr. Montgomery, Jr. No comment Vote in favor of motion is unanimous By: Mr. Montgomery, Jr. Motion to introduce an Ordinance to enlarge the limits and boundaries of the City of Bossier City by annexing 6.337 acres of property located in the Northeast quarter of Section 15, Township 18 North, Range 13 West, Bossier Parish, Louisiana. Seconded by Mr. Darby No comment Vote in favor of motion is unanimous The following Resolution offered and adopted: Resolution No. 14 Of 2016 RESOLUTION IN SUPPORT OF THE CADDO-BOSSIER PORT COMMISSION TO RENEW THE 1993, 2.5 PROPERTY TAX MILLAGE FOR 25 YEARS ________________________________________________________________________  WHEREAS, the Caddo-Bossier Parishes Port Commission was created by the Louisiana Legislature in 1962 and is the governing authority charged with regulating commerce and traffic in the Port area and developing, operating, maintaining and marketing our Port Complex; and WHEREAS, in April of 1993, the citizens of Caddo and Bossier Parishes voted to provide a 2.5 mil property tax for the development of the Port Complex; and WHEREAS, Caddo-Bossier Parishes Port Commission has strategically and carefully utilized the citizen’s $88 million of property tax revenue and returned $1.5 billion of public and private infrastructure and investment; and WHEREAS, the Caddo-Bossier Parishes Port Commission has been careful stewards of the citizens’ of Caddo and Bossier Parishes money by a return on investment of $17 for every $1; and WHEREAS, this Caddo-Bossier Parishes Port Commission presently owns 2,300 acres and is landlord to 17 companies employing 1,500 at the Port Complex; and WHEREAS, for every direct job at the Port, four indirect jobs are created in the parishes of Caddo and Bossier in support of the companies at the Port Complex; and WHEREAS, an expansion of 3,000 acres will generate new permanent and indirect jobs to this area’s economy; and based upon the past strategy, total additional direct and indirect jobs are estimated to be 15,000; and WHEREAS, the Caddo-Bossier Parishes Port Commission has placed on the April 9, 2016 ballot, a renewal of the 1993, 2.5 property tax millage for 25 years; and WHEREAS, the funds derived from the millage will be dedicated to acquiring land, in both Caddo and Bossier Parishes, constructing access roads, railroads, warehouses and utilities, transfer and storage facilities, and other Port transportation and infrastructure facilities, title to which will be vested to the public. NOW, THEREFORE BE IT RESOLVED, that the Bossier City Council is hereby supportive of the Caddo Bossier-Parishes Port Commission’s property tax renewal and encourages each citizen who is a registered voter in the City of Bossier City to vote for the renewal proposition. The above and foregoing Resolution was read in full at open and legal session convened, was on motion of Mr. David Montgomery, Jr., and second by Mr. Don Williams, and adopted on the 16th, day of February, 2016, 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 ______________________ Don Williams, President ________________________ Phyllis McGraw, City Clerk There being no further business to come before this Council, meeting adjourned at 3:31 PM by Mr. Williams. Respectfully submitted: Phyllis McGraw City Clerk Publish: February 24, 2016 Bossier Press Tribune