City Council
Regular MeetingBossier City, LA · May 3, 2016
Minutes
PROCEEDINGS OF THE CITY COUNCIL OF BOSSIER CITY
STATE OF LOUISIANA TAKEN AT THE REGULAR MEETING
MAY 3, 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, May 3, 2016, at 3:00 PM
Invocation was given by Council Member Jeffery Darby
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. Montgomery, Jr.
Motion to approve the minutes of the April 19, 2016, Regular Council Meeting and
dispense with the reading.
Seconded by Mr. Larkin
No comment
Vote in favor of motion is unanimous
By: Mr. Darby
Motion to amend agenda to add Item #12 under New Business - Adopt a Resolution to
hire one Tennis Professional position for the North Bossier Tennis facilities for Parks and
Recreation.
Seconded by Mr. Larkin
No comment
Vote in favor of motion is unanimous
By: Mr. Darby
Motion to amend agenda to add Item #13 under New Business - Adopt a Resolution
authorizing the hiring of an Account Clerk I in the Water Billing Department Customer Service
and backfilling two positions within the department.
Seconded by Mr. Larkin
No comment
Vote in favor of motion is unanimous
By: Mr. Irwin
Motion to approve Agenda as amended.
Seconded by Mr. Darby
No Comment
Vote in favor or motion is unanimous
Presentation by the Mayor and Council to the Bossier High Basketball Champions and to the
Parkway and Airline Championship Wrestlers.
Sergeant Booker and Sergeant Johnson with the Bossier City Police Department updated Mayor
and Council on the Body Camera Project.
Old Business:
The following Ordinance offered and adopted:
ORDINANCE NO. 42 OF 2016
AN ORDINANCE TO APPROPRIATE $504,848 TO COME FROM THE 2007
TRANSPORTATION IMPROVEMENT BOND FUND TO BE USED TO
SUPPLEMENT EXISTING FUNDS TO GO TOWARD THE CITY’S 20%
CONTRIBUTION OF RIGHT-OF-WAY, UTILITY RELOCATIONS,
CONSTRUCTION AND INSPECTION FEES FOR THE SHED ROAD
IMPROVEMENT PROJECT (BENTON ROAD TO AIRLINE DRIVE).
____________________________________________________________
WHEREAS, Shed Road Improvements (Benton Road to Airline Drive) is a joint venture
with Bossier City paying 20% of Right-of Way, Utility Relocations, Construction and Inspection
and Federal Highway Administration paying the remaining 80%; and
WHEREAS, the City presently has $1,592,359 appropriated for this project and requires an
additional $504,848 to fund the City’s 20% share.
NOW, THEREFORE, BE IT ORDAINED that the City Council of Bossier City, in
regular session convened, does hereby appropriate $504,848 to supplement existing funds to go
toward the City’s 20% contribution of Right-of-Way, Utility Relocations, Construction and
Inspection fees for the Shed Road Improvement Project (Benton Road to Airline Drive).
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, read in full at open and legal session convened, was on
motion of Mr. Scott Irwin and seconded Mr. David Montgomery, Jr., and adopted on this the 3rd
day of May, 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
The following Ordinance offered and adopted:
ORDINANCE NO. 43 OF 2016
AN ORDINANCE TO APPROPRIATE FUNDS IN THE AMOUNT OF TWO
MILLION FIVE HUNDRED THOUSAND DOLLARSTO PROVIDE FOR THE
REPLACMENT OF THE FORCE-MAIN FROM THE BIG AIRLINE LIFT
STATION
WHEREAS, the City of Bossier City has sold $22 million dollars in Taxable
Revenue Bonds to address sewer collection system issues, and
WHEREAS, the sewer force-main originating at the Big Airline Lift Station is in
need of rehabilitation and relocation as identified as part of city sewer evaluation
program
NOW, THEREFORE, BE IT ORDAINED by the City Council of Bossier City,
Louisiana, in regular session convened, that $2,500,000.00 is appropriated from the
2014 UtilityBond for use in the rehabilitation and relocation of the Big Airline
Force-main.
BE IT FURTHER ORDAINED that Mayor Lorenz “Lo” Walker is hereby
authorized to sign any and all documents 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. Jeffery Darby, and
adopted on this the 3rd day of May, 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
The following Ordinance offered and adopted:
Ordinance No. 44 Of 2016
AN ORDINANCE MAKING IT UNLAWFUL FOR ANY EMPLOYEE OF THE CITY
OF BOSSIER CITY TO BE EMPLOYED OR REMAIN EMPLOYED BY THE CITY
OF BOSSIER CITY IF TESTING SHOWS THE PRESENCE OF ANY ALCOHOL
ABOVE 0.0% IN THEIR SYSTEM WHILE IN THE SERVICE OF THE CITY
AND/OR WHILE OPERATING ANY PUBLICLY OWNED VEHICLE OR
EQUIPMENT.
WHEREAS, the presence of any alcohol in an employee’s system may impair
their ability to function and react;
WHEREAS alcohol in a driver or operators system creates a significant
liability risk for the City of Bossier City; and
NOW, THEREFORE, BE IT ORDAINED by the City Council of Bossier City,
Louisiana, in regular session convened, that it shall be unlawful for any employee of
the City of Bossier City to be employed or remain employed by the City of Bossier
City if found to have the presence of any alcohol above 0.0% in their system while in
the service of the City and/or while operating a City owned vehicle or equipment;
and
BE IT FURTHER ORDAINED that this ordinance shall be distributed to all
current employees and new hires.
The above and foregoing Ordinance was read in full at open and legal session convened,
was on motion of Mr. Thomas Harvey, and seconded by Mr. Don Williams, and adopted on this
the 3rd day of May, 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
Bossier City, Louisiana
May 3, 2016
The City Council of the City of Bossier City, Louisiana met in regular public session at
3:00 o’clock p.m. on Tuesday, May 3, 2016, 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.
Don Williams, Council President, called the meeting to order and on roll call, the
following members were present: Mr. Larkin, Mr. Montgomery, Jr., Mr. Irwin, Mr. Darby, Mr.
Williams, Mr. Free and Mr. Harvey
ABSENT: none
The following ordinance having been introduced at a meeting held on April 19,
2016, notice of its introduction having been published in the official journal and a public hearing
having been held thereon on May 3, 2016, was offered for final adoption by Mr. Scott Irwin and
seconded by Mr. Don Williams, 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
FIFTH SUPPLEMENTAL BOND ORDINANCE
NO. 45 OF 2016
A SUPPLEMENTAL BOND ORDINANCE AUTHORIZING
ISSUANCE OF NOT EXCEEDING TEN MILLION DOLLARS
($10,000,000) OF TAXABLE UTILITIES REVENUE BONDS,
SERIES 2016, OF THE CITY OF BOSSIER CITY, STATE OF
LOUISIANA, IN ACCORDANCE WITH THE TERMS OF A
GENERAL BOND ORDINANCE ADOPTED ON JULY 6, 2010;
PRESCRIBING THE FORM, AND CERTAIN TERMS AND
CONDITIONS OF SAID BONDS AND PROVIDING FOR
OTHER MATTERS IN CONNECTION THEREWITH.
WHEREAS, the City of Bossier City, State of Louisiana (the “City”) now owns
and operates a wastewater treatment system and water utility (the “System” or “Utility System”)
as a revenue producing public utility; and
WHEREAS, the City held a public hearing on March 18, 2014, at which hearing
no objections were heard concerning issuance of not exceeding $52,000,000 of revenue bonds
for the purpose of making additions, improvements, extensions, renewals, replacements or
repairs to the Utility System, of which $32,000,000 has been issued to date; and
WHEREAS, the City currently has outstanding the following notes, bonds, or
other obligations payable from a pledge and dedication of the income and revenues of the
System:
Utilities Revenue Bonds, Series 2010, dated November 10, 2010,
maturing on October 1 of the years 2016 to 2031, inclusive,
bearing interest at the rate of 0.45%, plus a DEQ Administrative
Fee of 0.50% per annum (the “2010 New Money Bonds”), being
the outstanding bonds of an issue of not exceeding Twenty-Two
Million Dollars ($22,000,000), issued pursuant to the provisions of
Part XIII, Chapter 4, Subtitle II, Title 39 of the Louisiana Revised
Statutes of 1950, as amended, by virtue of General Bond
Ordinance No. 67 of 2010, adopted by the City Council on July 6,
2010, and First Supplemental Bond Ordinance No. 89 of 2010,
adopted by the City Council on September 21, 2010;
Utilities Revenue Refunding Bonds, Series 2010, dated
December 15, 2010, maturing October 1 of the years 2016 to 2022,
inclusive, bearing interest at the rate of 2.53% per annum (the
“2010 Refunding Bonds”), being the outstanding bonds of an issue
of Thirteen Million Five Hundred Thousand Dollars
($13,500,000), issued pursuant to the provisions of Chapter 14-A
of Title 39 of the Louisiana Revised Statutes of 1950, as amended,
by virtue of Ordinance No. 101 of 2010 adopted by the City
Council on October 5, 2010, payable from a pledge and dedication
of the income and revenues of the Utility System;
Utilities Revenue Refunding Bonds, Series 2012, dated July 16,
2012, maturing October 1 of the years 2016 to 2019, inclusive,
bearing interest at the rate of 2.09% per annum (the “2012
Refunding Bonds”), being the outstanding bonds of an issue of
Four Million Six Hundred Forty-Five Thousand Dollars
($4,645,000), issued pursuant to the provisions of Chapter 14-A of
Title 39 of the Louisiana Revised Statutes of 1950, as amended, by
virtue of Ordinance No. 48 of 2012 adopted by the City Council on
July 3, 2012, payable from a pledge and dedication of the income
and revenues of the Utility System;
Utilities Revenue Bonds, Series 2014, dated August 12, 2014,
maturing on October 1 of the years 2016 to 2043, inclusive,
bearing interest at the rates of 2.00% to 5.00% per annum (the
“2014 New Money Bonds”), being the outstanding bonds of an
issue of Twenty-Two Million Dollars ($22,000,000), issued
pursuant to the provisions of Chapter 13 of Subtitle III of Title 39
of the Louisiana Revised Statutes of 1950, as amended, by virtue
of Third Supplemental Bond Ordinance No. 56 of 2014 adopted by
the City Council on July 15, 2014, payable from a pledge and
dedication of the income and revenues of the Utility System;
Taxable Utilities Revenue Bonds, Series 2014, dated August 28,
2014, maturing on October 1 of the years 2016 to 2034, inclusive,
bearing interest at the rate of 0.45%, plus a DEQ Administrative
Fee of 0.50% per annum (the “2014 Taxable Bonds”), being the
outstanding bonds of an issue of not exceeding Ten Million Dollars
($10,000,000), issued pursuant to the provisions of Part XIII,
Chapter 4, Subtitle II, Title 39 of the Louisiana Revised Statutes of
1950, as amended, by virtue of General Bond Ordinance No. 67 of
2010, adopted by the City Council on July 6, 2010, and Second
Supplemental Bond Ordinance No. 38 of 2014, adopted by the City
Council on May 6, 2014, payable from a pledge and dedication of
the income and revenues of the Utility System; and
Utilities Revenue Refunding Bonds, Series 2014, dated October
14, 2014, maturing on October 1 of the years 2016 to 2038,
inclusive, bearing interest at the rates of 2.00% to 5.00% per
annum (the “2014 Refunding Bonds”), being the outstanding
bonds of an issue of One Hundred Fourteen Million Seventy
Thousand Dollars ($114,070,000), issued pursuant to the
provisions of Chapter 14-A of Title 39 of the Louisiana Revised
Statutes of 1950, as amended, by virtue of Fourth Supplemental
Bond Ordinance No. 73 of 2014 adopted by the City Council on
September 9, 2104, payable from a pledge and dedication of the
income and revenues of the Utility System;
(collectively, the “Parity Bonds”);
WHEREAS, on July 6, 2010, this City Council (the “Governing Authority”)
adopted General Bond Ordinance No. 67 of 2010 entitled: “A GENERAL BOND ORDINANCE
AUTHORIZING ISSUANCE FROM TIME TO TIME OF WASTEWATER REVENUE
BONDS OF THE CITY OF BOSSIER CITY, STATE OF LOUISIANA; PRESCRIBING THE
FORM AND CERTAIN TERMS AND CONDITIONS OF SAID BONDS; PROVIDING FOR
PAYMENT THEREOF IN PRINCIPAL AND INTEREST; AND PROVIDING FOR OTHER
MATTERS IN CONNECTION THEREWITH” (the “General Bond Ordinance”), which
authorized issuance of bonds from time to time for the aforesaid purposes; and
WHEREAS, on September 21, 2010, this Governing Authority adopted First
Supplemental Bond Ordinance No. 89 of 2010 entitled: “A SUPPLEMENTAL BOND
ORDINANCE AUTHORIZING THE ISSUANCE OF NOT EXCEEDING TWENTY-TWO
MILLION DOLLARS ($22,000,000) OF UTILITIES REVENUE BONDS, SERIES 2010, OF
THE CITY OF BOSSIER CITY, STATE OF LOUISIANA, IN ACCORDANCE WITH THE
TERMS OF A GENERAL BOND ORDINANCE ADOPTED ON JULY 6, 2010;
PRESCRIBING THE FORM, AND CERTAIN TERMS AND CONDITIONS OF SAID
BONDS; AND PROVIDING FOR OTHER MATTERS IN CONNECTION THEREWITH” (the
“First Supplemental Bond Ordinance”); and
WHEREAS, on May 6, 2014, this Governing Authority adopted Second
Supplemental Bond Ordinance No. 38 of 2014 entitled: “A SUPPLEMENTAL BOND
ORDINANCE AUTHORIZING ISSUANCE OF NOT EXCEEDING TEN MILLION
DOLLARS ($10,000,000) OF UTILITIES REVENUE BONDS, SERIES 2014, OF THE CITY
OF BOSSIER CITY, STATE OF LOUISIANA, IN ACCORDANCE WITH THE TERMS OF A
GENERAL BOND ORDINANCE ADOPTED ON JULY 6, 2010; PRESCRIBING THE
FORM, AND CERTAIN TERMS AND CONDITIONS OF SAID BONDS AND PROVIDING
FOR OTHER MATTERS IN CONNECTION THEREWITH” (the “Second Supplemental Bond
Ordinance”); and
WHEREAS, on July 15, 2014, this Governing Authority adopted Third
Supplemental Bond Ordinance No. 56 of 2014 entitled: “A SUPPLEMENTAL BOND
ORDINANCE AUTHORIZING ISSUANCE OF TWENTY-TWO MILLION DOLLARS
($22,000,000) OF UTILITIES REVENUE BONDS, SERIES 2014, OF THE CITY OF
BOSSIER CITY, STATE OF LOUISIANA, IN ACCORDANCE WITH THE TERMS OF A
GENERAL BOND ORDINANCE ADOPTED ON JULY 6, 2010, FOR THE PURPOSE OF
MAKING ADDITIONS, IMPROVEMENTS, EXTENSIONS, RENEWALS,
REPLACEMENTS OR REPAIRS TO THE WATERWORKS PLANT AND SYSTEM AND
THE SEWER UTILITY SYSTEM, PRESCRIBING THE FORM, FIXING THE DETAILS
AND PROVIDING FOR PAYMENT OF PRINCIPAL OF AND INTEREST ON SAID BONDS
AND FOR THE RIGHTS OF THE OWNERS THEREOF; APPROVING THE OFFICIAL
STATEMENT; AWARDING THE BONDS TO THE PURCHASER THEREOF;
PRESCRIBING THE FORM, AND CERTAIN TERMS AND CONDITIONS OF SAID
BONDS AND PROVIDING FOR OTHER MATTERS IN CONNECTION THEREWITH” (the
“Third Supplemental Bond Ordinance”); and
WHEREAS, on September 9, 2014, this Governing Authority adopted Fourth
Supplemental Bond Ordinance No. 73 of 2014 entitled: “A SUPPLEMENTAL BOND
ORDINANCE AUTHORIZING ISSUANCE OF NOT EXCEEDING ONE HUNDRED
TWENTY-TWO MILLION DOLLARS ($122,000,000) OF UTILITIES REVENUE
REFUNDING BONDS, SERIES 2014, OF THE CITY OF BOSSIER CITY, STATE OF
LOUISIANA, IN ACCORDANCE WITH THE TERMS OF A GENERAL BOND
ORDINANCE ADOPTED ON JULY 6, 2010, FOR THE PURPOSE OF DEFEASING AND
ADVANCE REFUNDING ITS OUTSTANDING UTILITIES REVENUE BONDS, SERIES
2008; PRESCRIBING THE FORM, FIXING THE DETAILS AND PROVIDING FOR
PAYMENT OF PRINCIPAL OF AND INTEREST ON SAID BONDS AND FOR THE
RIGHTS OF THE OWNERS THEREOF; APPROVING THE OFFICIAL STATEMENT;
AWARDING THE BONDS TO THE PURCHASER THEREOF; AND PROVIDING FOR
OTHER MATTERS IN CONNECTION THEREWITH” (the “Fourth Supplemental Bond
Ordinance”); and
WHEREAS, pursuant to Part XIII of Chapter 4 of Subtitle II of Title 39 of the
Louisiana Revised Statutes of 1950, as amended (La. R.S. 39:1011, et seq.), and other
constitutional and statutory authority, it is now the desire of this City Council to adopt this Fifth
Supplemental Bond Ordinance to authorize issuance of not exceeding Ten Million Dollars
($10,000,000) of additional bonds to be designated as “Taxable Utilities Revenue Bonds, Series
2016” of the City, for the purpose of paying a portion of the cost of constructing and acquiring
additions, extensions and improvements to the System, and paying costs of issuance, and to sell
said bonds to the Clean Water State Revolving Fund, being the third issuance of the $52,000,000
of bonds described in the second Whereas clause above;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF BOSSIER CITY, STATE OF LOUISIANA, in regular session convened,
that:
SECTION 1. Definitions. In addition to words and terms elsewhere defined in
the General Bond Ordinance, as may be amended, supplemented and modified herein, and this
Fifth Supplemental Bond Ordinance, the following words and terms as used in this Fifth
Supplemental Bond Ordinance shall have the following meanings, unless some other meaning is
plainly intended:
“Administrative Fee” means, with respect to the Series 2016 Bonds and any other
Bonds purchased by the Department from the State Loan Fund, the annual fee equal to one-half
of one percent (0.5%) per annum of the outstanding principal amount of such Bonds, or such
lesser amount as the Department may approve from time to time, which shall be payable each
year in two equal semi-annual installments on each Interest Payment Date.
“Department” means the Louisiana Department of Environmental Quality, an
executive department and agency of the State, and any successor to the duties and functions
thereof with respect to the State Loan Fund.
“Fifth Supplemental Ordinance” means this ordinance authorizing issuance of
the Series 2016 Bonds.
“Loan Agreement” means the Loan and Pledge Agreement to be entered into by
and between the Department and the City, prior to the delivery of the Series 2016 Bonds, which
will contain certain additional agreements relating to the Bonds being purchased by the
Department from the State Loan Fund, which Loan Agreement shall be in substantially the form
attached hereto as Exhibit B, as it may be supplemented, modified or amended from time to time
in accordance with the terms thereof.
“Paying Agent” with respect to the Series 2016 Bonds means the chief financial
officer of the City, unless and until a successor Paying Agent shall have assumed such
responsibilities pursuant to the General Bond Ordinance.
“Series 2016 Bonds” means the City’s Taxable Utilities Revenue Bonds, Series
2016, authorized to be issued by this Fifth Supplemental Ordinance and particularly by Section 2
hereof.
“State Loan Fund” means the Clean Water State Revolving Fund established by
the State of Louisiana, pursuant to Chapter 14, Subtitle II of Title 30 of the Louisiana Revised
Statutes of 1950, as amended (La. R.S. 30:2301, et seq.) in the custody of the Department, which
is to be used for the purpose of providing financial assistance for the improvement of public
wastewater systems in the State.
In lieu of the definition in Section 1.01 of the General Bond Ordinance, “System”
means the City’s revenue-producing public utility consisting of the combined water and sewer
utility systems lying within and without the boundaries of the City; the System shall include
specifically all properties of every nature owned by the Issuer and used or useful in the operation
of the System, as said plants now exist and as the same may be improved, extended or
supplemented from any source while any of the Bonds remain outstanding, including all real
estate, personal and intangible properties, contracts, franchises, leases and choses in action, and
including specifically all properties now or hereafter operated by the City under lease or
agreement with any other individual, partnership or corporation, public or private, as a part of the
System, whether lying within or without the boundaries of the City.
SECTION 2. Authorization of Series 2016 Bonds. (a) In compliance with and
under the authority of the Act, there is hereby authorized the incurring of an indebtedness of not
exceeding Ten Million Dollars ($10,000,000) for, on behalf of and in the name of the City, for
the purpose of paying a portion of the cost of constructing and acquiring additions, extensions
and improvements to the wastewater portion of the System, as further set forth in Exhibit B
hereto, and paying costs of issuance thereof, and to represent the indebtedness, this Governing
Authority does hereby authorize the issuance of not exceeding Ten Million Dollars
($10,000,000) of Taxable Utilities Revenue Bonds, Series 2016, of the City. The Bonds shall be
dated the Delivery Date thereof, and the exact principal amount of the Bonds, not to exceed Ten
Million Dollars ($10,000,000), as stated above, shall be determined by the Executive Officers at
the time of delivery of the Bonds. In the event that delivery of the Series 2016 Bonds takes place
after December 31, 2016, such bonds may carry such other appropriate series designation as may
be determined by the Executive Officers.
(b) The Series 2016 Bonds shall be Fixed Rate Bonds and the Interest
Payment Dates shall be April 1 and October 1 of each year, commencing the first such Interest
Payment Date after the Delivery Date of the Series 2016 Bonds. The Series 2016 Bonds shall
bear interest at the rate of forty-five hundredths percent (0.45%) per annum, said interest to be
calculated on the basis of a 360-day year consisting of twelve 30-day months and payable on
each Interest Payment Date, or such lower rate as may be in effect for loans from the State Loan
Fund at the time of delivery. In addition to interest at the rate set forth above, at any time that
the Department owns the Series 2016 Bonds the City will pay the Administrative Fee to the
Department on each Interest Payment Date. In the event (i) the Department owns any Series
2016 Bonds or the Department has pledged or assigned any Series 2016 Bonds in connection
with its State Loan Fund and (ii) the Administrative Fee payable by the City to the Department
under the terms of the Loan Agreement is declared illegal or unenforceable by a court or an
administrative body of competent jurisdiction, the interest rate borne by the Series 2016 Bonds
shall be increased by one-half of one percent (0.50%) per annum, effective as of the date
declared to be the date from which the Administrative Fee is no longer owed because of such
illegality or unenforceability. Interest and Administrative Fee on the Series 2016 Bonds on any
Interest Payment Date shall be payable only on the aggregate amount of the purchase price
which shall have been paid theretofore to the City and is outstanding and shall accrue with
respect to each purchase price installment only from the date of payment of such installment.
(c) [RESERVED]
(d) The Series 2016 Bonds shall mature in twenty (20) installments of
principal, payable annually on each October 1, and each annual installment shall be the
applicable percentage shown in the following tables, rounded to the nearest One Thousand
Dollars ($1,000), of the outstanding principal amount of the Series 2016 Bonds on the day before
the applicable Principal Payment Date:
Date Percentage Date Percentage
(Oct. 1) of Principal (Oct. 1) of Principal
2018 4.564% 2028 9.580%
2019 4.827% 2029 10.696%
2020 5.120% 2030 12.090%
2021 5.448% 2031 13.884%
2022 5.817% 2032 16.275%
2023 6.235% 2033 19.624%
2024 6.712% 2034 24.647%
2025 7.264% 2035 33.019%
2026 7.907% 2036 49.764%
2027 8.667% 2037 100.000%
In the event the Completion Date of the Project being financed with the Series
2016 Bonds is on or after October 1, 2018, the principal payment schedule set forth above may
be adjusted so that each payment shall be due on the October 1 that is one year later than shown
above, provided that in no event shall the final principal payment be more than twenty-two (22)
years from the Delivery Date.
(e) The principal and interest on the Series 2016 Bonds shall be payable by
check mailed to the registered owner of the Series 2016 Bonds (determined as of the Interest
Payment Date) at the address shown on the registration books kept by the Paying Agent for such
purpose, provided that payment of the final installment of principal on the Series 2016 Bonds
shall be made only upon presentation and surrender of the Series 2016 Bonds to the Paying
Agent.
(f) The principal installments of the Series 2016 Bonds are subject to
prepayment at the option of the City at any time, in whole or in part, at a prepayment price of par
plus accrued interest and accrued Administrative Fee, if any, to the prepayment date and in such
case the remaining principal of the Series 2016 Bonds shall continue to mature in installments
calculated using the percentages shown in Section 2(d) above.
(g) The Series 2016 Bonds shall be issued in the form of a single fully
registered Bond, initially numbered R-1, and shall be in substantially the form attached hereto as
Exhibit A.
(h) The chief financial officer of the City shall be the initial Paying Agent for
the Series 2016 Bonds.
(i) The Series 2016 Bonds are hereby awarded to and sold to the Department
at a price of par plus accrued interest, if any, under the terms and conditions set forth in the Loan
Agreement, and after their execution and authentication by the Paying Agent, the Series 2016
Bonds shall be delivered to the Department or its agents or assigns, upon receipt by the City of
the agreed purchase price. Pursuant to the Act and La. R.S. 39:1426(B), the City has determined
to sell the Series 2016 Bonds at a private sale without the necessity of publishing any notice of
sale.
(j) No proceeds of the Series 2016 Bonds shall be deposited into the Reserve
Fund, however upon the delivery of the Series 2016 Bonds the City shall establish the “Series
2016 Account” in the Reserve Fund and shall cause the Reserve Fund Requirement to be
deposited to said account within five (5) years after the Delivery Date. For purposes of funding
the Series 2016 Account in the Reserve Fund, the Reserve Fund Requirement shall be an amount
equal to one-half of this highest amount of principal, interest and Administrative Fee, if any, due
on the Series 2016 Bonds in any future Bond Year. No changes are required at this time with
respect to the Contingencies Fund established in the General Bond Ordinance.
(k) The parity requirements of the ordinances authorizing issuance of the
Outstanding Parity Bonds, as well as the parity requirements set forth in Article VI of the
General Bond Ordinance, will have been met prior to the Delivery Date of the Series 2016
Bonds, and shall be certified by an independent firm of certified public accountants and by the
City, prior to delivery of the Series 2016 Bonds, unless waived by the owners of the Outstanding
Parity Bonds.
(l) The Executive Officers are each hereby empowered, authorized and
directed to do any and all things necessary and incidental to carry out all of the provisions of the
General Bond Ordinance and this Fifth Supplemental Ordinance, to execute and deliver the Loan
Agreement, and to cause the Series 2016 Bonds to be prepared and/or printed, to issue, execute
and seal the Series 2016 Bonds and to effect delivery thereof as hereinafter provided. In
connection with the issuance and sale of the Series 2016 Bonds, the Executive Officers and the
Director of Finance of the City are each authorized, empowered and directed to execute on
behalf of the City such additional documents, certificates and instruments as they may deem
necessary, upon the advice of Bond counsel, to effect the transactions contemplated by this
Ordinance. The signatures of said on such documents, certificates and instruments shall be
conclusive evidence of the due exercise of the authority granted hereunder.
(m) [RESERVED]
(n) It is recognized that the City will not be required to comply with the
continuing disclosure requirements described in the Rule 15c2-12(b) of the Securities and
Exchange Commission [17 CFR §240.15c2-12(b)], because
(i) the Series 2016 Bonds are not being purchased by a broker, dealer or
municipal securities dealer acting as an underwriter in a primary
offering of municipal securities, and
(ii) the Series 2016 Bonds are being sold only to the Department (i.e., no
more than thirty-five persons), which has such knowledge and
experience in financial and business matters that it is capable of
evaluating the merits and risks of the prospective investment in the
Series 2016 Bonds and is not purchasing the Series 2016 Bonds for
more than one account or with a view to distributing the Series 2016
Bonds.
(o) [RESERVED]
(p) The “Scheduled Completion Date” for the Series 2016 Bonds Project will
be specified by the Mayor upon delivery of the Series 2016 Bonds.
(q) There will be no Credit Facility with respect to the Series 2016 Bonds.
(r) The Loan Agreement, in substantially the form attached hereto as Exhibit
B, is hereby approved, and the Executive Officers are authorized to execute and deliver the
aforesaid documents on behalf of the City, with such changes as may be deemed necessary, upon
the advice of counsel, in connection with the Series 2016 Bonds. The Executive Officers are
further authorized to execute and deliver any commitment agreement, supplemental loan
agreement or cooperative endeavor agreement as may be necessary in connection with the
purchase of the Series 2016 Bonds by the Department.
(s) SO LONG AS ANY OF THE OUTSTANDING PARITY BONDS ARE
OUTSTANDING, THE TERMS AND PROVISIONS OF THE GENERAL BOND
ORDINANCE AND THIS FIFTH SUPPLEMENTAL BOND ORDINANCE SHALL BE
SUPPLEMENTAL AND IN ADDITION TO ANY REQUIREMENTS OF THE
OUTSTANDING PARITY BOND ORDINANCES, AND TO THE EXTENT THERE IS ANY
CONFLICT OR INCONSISTENCY, THE PROVISIONS OF THE OUTSTANDING PARITY
BOND ORDINANCES SHALL SUPERSEDE ANY CORRESPONDING PROVISIONS
HEREOF.
SECTION 3. Davis-Bacon Wage Rate Requirement. The City agrees that all
laborers and mechanics employed by contractors and subcontractors on the portion of the Project
that is funded in whole or in part with the Series 2016 Bonds shall be paid wages at rates not less
than those prevailing on projects of a character similar in the locality of the City as determined
by the Secretary of the United States Department of Labor (“DOL”) in accordance with
Subchapter IV of Chapter 31 of Title 40, United States Code. DOL provides all pertinent
information related to compliance with the foregoing requirements, including prevailing wage
rates and instructions for reporting. The City will ensure that all construction contracts relating
to the portion of the Project that is funded in whole or in part with the Series 2016 Bonds will
require that the contractor comply with the aforesaid wage and reporting requirements. This
section shall not apply to “force account” work where the City may perform construction work
using its own employees rather than any contractor or subcontractor.
SECTION 4. Parties Interested Herein. Nothing in this Fifth Supplemental
Ordinance expressed or implied is intended or shall be construed to confer upon, or to give to,
any person or corporation, other than the City, the Paying Agent and the Owners of the Series
2016 Bonds any right, remedy or claim under or by reason of this Fifth Supplemental Ordinance
or any covenant, condition or stipulation thereof; and all the covenants, stipulations, promises
and agreements in this Fifth Supplemental Ordinance contained by and on behalf of the City
shall be for the sole and exclusive benefit of the City, the Paying Agent and the Owners of the
Series 2016 Bonds.
SECTION 5. No Recourse on the Series 2016 Bonds. No recourse shall be had
for the payment of the principal of or interest on the Series 2016 Bonds or for any claim based
thereon or on this Fifth Supplemental Ordinance against any member of the Governing Authority
or officer of the City or any person executing the Series 2016 Bonds.
SECTION 6. Successors and Assigns. Whenever in this Fifth Supplemental
Ordinance the City is named or referred to, it shall be deemed to include its successors and
assigns and all the covenants and agreements in this Fifth Supplemental Ordinance contained by
or on behalf of the City shall bind and enure to the benefit of its successors and assigns whether
so expressed or not.
SECTION 7. Severability. In case any one or more of the provisions of this
Fifth Supplemental Ordinance or of the Series 2016 Bonds issued hereunder shall for any reason
be held to be illegal or invalid, such illegality or invalidity shall not affect any other provision of
this Fifth Supplemental Ordinance or of the Series 2016 Bonds, but this Fifth Supplemental
Ordinance and the Series 2016 Bonds shall be construed and enforced as if such illegal or invalid
provisions had not been contained therein. Any constitutional or statutory provision enacted
after the date of this Fifth Supplemental Ordinance which validates or makes legal any provision
of this Fifth Supplemental Ordinance or the Series 2016 Bonds which would not otherwise be
valid or legal shall be deemed to apply to this Fifth Supplemental Ordinance and to the Series
2016 Bonds.
SECTION 8. Publication; Peremption. This Fifth Supplemental Ordinance
shall be published one time in the official journal of the City, or if there is none, in a newspaper
having general circulation in the City. It shall not be necessary to publish the exhibits to this
Fifth Supplemental Ordinance but such exhibits shall be made available for public inspection at
the offices of the Governing Authority at reasonable times and such fact must be stated in the
publication within the official journal. For a period of thirty (30) days after the date of such
publication any persons in interest may contest the legality of this Fifth Supplemental Ordinance
and any provisions herein made for the security and payment of the Series 2016 Bonds. After
such thirty day period no one shall have any cause or right of action to contest the regularity,
formality, legality, or effectiveness of this Fifth Supplemental Ordinance and the provisions
hereof or of the Series 2016 Bonds authorized hereby for any cause whatsoever. If no suit,
action, or proceeding is begun contesting the validity of the Series 2016 Bonds authorized
pursuant to this Fifth Supplemental Ordinance within the thirty days herein prescribed, the
authority to issue the Series 2016 Bonds or to provide for payment thereof, and the legality
thereof, and all of the provisions of this Fifth Supplemental Ordinance and such Series 2016
Bonds shall be conclusively presumed, and no court shall have authority or jurisdiction to inquire
into any such matter.
SECTION 9. Effective Date. This Fifth Supplemental Bond Ordinance shall
become effective ten (10) days from the date of publication in the City’s official journal.
This Ordinance adopted and passed on this 3rd day of May, 2016.
______ _______________
DON WILLIAMS PHYLLIS McGRAW
PRESIDENT 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 May 3, 2016, and of a Fifth
Supplemental Bond Ordinance adopted at said meeting, as said minutes and ordinance 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 3rd day of May, 2016.
PHYLLIS McGRAW, Clerk of the Council
[S E A L]
EXHIBIT A
to Fifth Supplemental Bond Ordinance
[FORM OF BOND]
No. R-1 $10,000,000
INTEREST ON THIS BOND WILL BE INCLUDED IN GROSS INCOME
FOR FEDERAL INCOME TAX PURPOSES AND IS NOT
EXEMPT FROM FEDERAL INCOME TAXATION
UNITED STATES OF AMERICA
STATE OF LOUISIANA
PARISH OF BOSSIER
TAXABLE UTILITIES REVENUE BOND, SERIES 2016
OF THE
CITY OF BOSSIER CITY, LOUISIANA
INTEREST RATE DATED DATE MATURITY DATE CUSIP
0.45% ___________, 2016 October 1, 2037 None
REGISTERED OWNER: DEPARTMENT OF ENVIRONMENTAL QUALITY
Attn: Financial Securities Division, Accounts Receivable
P. O. Box 4311
Baton Rouge, LA 70821
PRINCIPAL AMOUNT: **TEN MILLION AND NO/100**
FOR VALUE RECEIVED, the City of Bossier City, State of Louisiana (the “City”), hereby
promises to pay (but only from the sources hereinafter described) to the Registered Owner stated hereon
or registered assigns noted on the registration record attached hereto, but solely from the revenues
hereinafter specified, the Principal Amount set forth above (unless a lower Principal Amount applies, as
set forth below), together with interest thereon from the Dated Date set forth above or the most recent
interest payment date to which interest has been paid or duly provided for, unless this Bond shall have
been previously called for prepayment and payment shall have been duly made or provided for.
This Bond shall bear interest, payable semi-annually on April 1 and October 1 of each year,
commencing October 1, 2017 (each, an “Interest Payment Date”), at the Interest Rate shown above, said
interest to be calculated on the basis of a 360-day year consisting of twelve 30-day months. Interest on
this Bond on any Interest Payment Date shall be payable only on the aggregate amount of the principal
draws which shall have been paid theretofore, as noted on Schedule A hereto, and shall accrue with
respect to each principal draw only from the date of payment of such principal draw.
If the Louisiana Department of Environmental Quality (the “Department”), is the registered
owner of this Bond, the City will additionally pay an Administrative Fee to the Department at the annual
rate of one-half of one percent (0.50%) on the outstanding principal amount of the Bond, payable on each
Interest Payment Date. In the event (i) the Department owns this Bond or the Department has pledged or
assigned this Bond in connection with its Clean Water State Revolving Fund Program and (ii) the
Administrative Fee payable to the Department is declared illegal or unenforceable by a court or an
administrative body of competent jurisdiction, then the “Annual Interest Rate” shown in the foregoing
table and borne by this Bond shall be increased by one-half of one percent (0.50%) per annum, effective
as of the date declared to be the date from which the Administrative Fee is no longer owed because of
such illegality or unenforceability.
This Bond shall mature in twenty (20) installments of principal, payable annually on each
October 1, and each annual installment shall be the applicable percentage shown in the following table,
rounded to the nearest One Thousand Dollars ($1,000), of the outstanding principal amount hereof on the
day before the applicable Principal Payment Date:
Date Percentage Date Percentage
(Oct.1) of Principal (Oct 1) of Principal
2018 4.564% 2028 9.580%
2019 4.827% 2029 10.696%
2020 5.120% 2030 12.090%
2021 5.448% 2031 13.884%
2022 5.817% 2032 16.275%
2023 6.235% 2033 19.624%
2024 6.712% 2034 24.647%
2025 7.264% 2035 33.019%
2026 7.907% 2036 49.764%
2027 8.667% 2037 100.000%
In the event that the Completion Date of the Project being financed with the this Bond is on or
after October 1, 2018, the principal payment schedule set forth above may be adjusted so that each
payment shall be due on the October 1 that is one year later than shown above, provided that in no event
shall the final principal payment be more than twenty-two (22) years from the Dated Date set forth above.
The principal and interest on this Bond shall be payable by check mailed to the registered owner
of this Bond (determined as of the Interest Payment Date) at the address shown on the registration books
kept by the Paying Agent (hereinafter defined) for such purpose, provided that payment of the final
installment of principal on this Bond shall be made only upon presentation and surrender of this Bond to
the Paying Agent.
The principal installments of this Note are subject to prepayment at the option of the City at any
time, in whole or in part, at a prepayment price of par plus accrued interest and accrued Administrative
Fee, if any, to the prepayment date. In such case, the remaining principal shall continue to mature in
annual installments calculated using the percentages shown above.
In the event a portion of this Bond is to be prepaid, this Note shall be surrendered to the Director
of Finance of the City, as initial Paying Agent for the Bonds (the “Paying Agent”), who shall note the
amount of such prepayment in the space provided therefor on Schedule B to this Bond. Official notice of
such call of this Bond for prepayment shall be given by means of first class mail, postage prepaid by
notice deposited in the United States Mail not less than thirty (30) days prior to the prepayment date
addressed to the registered owner of this Bond to be prepaid at his address as shown on the registration
books of the Paying Agent, which notice may be waived by any registered owner. The City shall cause to
be kept at the office of the Paying Agent a register in which registration of this Bond and of transfers of
the Bonds shall be made as provided herein and in the Ordinance. This Bond may be transferred,
registered and assigned only on such registration records of the Paying Agent, and such registration shall
be at the expense of the City.
This Bond represents the entire issue of bonds of the City designated “Taxable Utilities Revenue
Bonds, Series 2016” aggregating in principal the sum of TEN MILLION AND NO/100 DOLLARS
($10,000,000) (the “Bonds”), the Bonds having been issued by the City pursuant to General Bond
Ordinance No. 67 of 2010 adopted by its governing authority on July 6, 2010, as supplemented by the
Fifth Supplemental Bond Ordinance No. ____ of 2016, adopted by its governing authority on May ___,
2016 (collectively, the “Ordinance”), for the purpose of paying Costs of the Project, as defined in the
Ordinance, consisting generally of improvements to the City’s revenue-producing public utility consisting
of its wastewater treatment system and water utility (hereinafter defined), and paying costs of issuance,
under the authority conferred by Part XIII, Chapter 4, Subtitle II of Title 39 of the Louisiana Revised
Statutes of 1950, as amended (La. R.S. 39:1011, et seq.), and other constitutional and statutory authority,
pursuant to all requirements therein specified.
The Bonds, equally with the City’s Outstanding Parity Bonds as defined in the aforesaid Fifth
Supplemental Bond Ordinance (the “Outstanding Parity Bonds”), are payable as to both principal and
interest solely by an irrevocable pledge and dedication of the income, revenues and receipts derived or to
be derived from the operation of the City’s revenue-producing public utility consisting of its wastewater
treatment system and water utility lying within and without the boundaries of the City, including such
treatment facilities as may be required, with all necessary equipment and installations in connection
therewith, as said system now exists and as it may be hereafter improved, extended or supplemented from
any source whatsoever while the Bonds herein authorized remain outstanding, including specifically all
properties of every nature owned, leased or operated by the City and used or useful in the operation of the
system, and including real estate, personal and intangible properties, contracts, franchises, leases and
chooses in action, whether lying within or without the boundaries of the City, as more fully described in
the Ordinance (the “System”), after there have been deducted therefrom the reasonable and necessary
expenses of operating and maintaining the System (the “Net Revenues”). The Bonds constitute a
borrowing solely upon the credit of said revenues of the System and do not constitute an indebtedness or
pledge of the general credit of the City within the meaning of any constitutional or statutory limitation of
indebtedness. Subject to the foregoing, the Net Revenues are irrevocably and irrepealably pledged in an
amount sufficient for the payment of this Bond and the issue of which it forms a part in principal and
interest as they shall respectively become due and payable, and for the other purposes set forth in the
Ordinance. The Net Revenues shall be set aside in the funds and accounts described in the Ordinance and
shall be and remain so pledged for the security and payment of the Outstanding Parity Bonds and this
Bond in principal and interest, and for all other payments provided in the Ordinance, until all such bonds
shall be fully paid and discharged.
Subject to the additional provisions set forth in the Ordinance, the governing authority of the City
has covenanted and agreed and does hereby covenant and agree to fix, establish and maintain such rates
and collect such fees, rents or other charges for the services and facilities furnished by the System, as
shall be sufficient to provide for the payment of all reasonable and necessary expenses of operation and
maintenance of the System, to provide for the payment of interest on and principal of all bonds, notes or
other obligations payable therefrom as and when the same shall become due and payable, for the creation
of a reserve therefor, and for the provision of a reserve to care for extensions, additions, improvements,
renewals and replacements necessary to properly operate the System. For a more complete statement of
the revenues from which and conditions under which this Bond is payable, and the general covenants and
provisions pursuant to which this Bond is issued, reference is hereby made to the Ordinance.
This Bond shall not be valid or become obligatory for any purpose or be entitled to any security
or benefit under the Ordinance until the certificate of registration hereon shall have been signed by the
Paying Agent.
It is certified that the Bonds are authorized by and is issued in conformity with the requirements
of the Constitution and statutes of the State of Louisiana. It is further certified, recited and declared that
all acts, conditions and things required to exist, to happen and to be performed precedent to and in the
issuance of the Bonds necessary to constitute the same legal, binding and valid obligations of the City
have existed, have happened and have been performed in due time, form and manner as required by law,
and that the indebtedness of the City, including the Bonds, does not exceed any limitation prescribed by
the Constitution and statutes of the State of Louisiana, and that the Bonds shall not be invalid for any
irregularity or defect in the proceedings for the issuance and sale thereof.
IN WITNESS WHEREOF, the City has caused this Bond to be executed by the manual or
facsimile signatures of its Mayor and Clerk, and to be dated the date of delivery hereof and the City's
corporate seal to be impressed or imprinted hereon.
ATTEST: CITY OF BOSSIER CITY, STATE OF LOUISIANA
By:
Clerk of the Council Mayor
[S E A L]
REGISTRATION RECORD
TAXABLE UTILITIES REVENUE BOND, SERIES 2016
OF THE CITY OF BOSSIER CITY, STATE OF LOUISIANA
Name and Address
Date of
of Registered Owner Registration Signature of Paying Agent
DEPARTMENT OF ENVIRONMENTAL
QUALITY
Attn: Financial Securities Division
Accounts Receivable
P. O. Box 4311
Baton Rouge, LA 70821
SCHEDULE A
SCHEDULE OF PRINCIPAL DRAWS AND PRINCIPAL BALANCE
TAXABLE UTILITIES REVENUE BOND, SERIES 2016
OF THE CITY OF BOSSIER CITY, STATE OF LOUISIANA
Date: ___________________________ Draw Number: ________________________________
Principal Draw Paid to City this Date: $__________________________________________________
Amount of Principal Forgiveness this Date: $____________________________________________
Cumulative Amount of Principal Draws Paid to Date: $_______________________________________
Cumulative Amount of Principal Forgiveness to Date: $_______________________________________
Outstanding Balance of Principal $__________________________________________________
Signature of Authorized Officer of Department: _____________________________________________
Date: ___________________________ Draw Number: ________________________________
Principal Draw Paid to City this Date: $__________________________________________________
Amount of Principal Forgiveness this Date: $____________________________________________
Cumulative Amount of Principal Draws Paid to Date: $_______________________________________
Cumulative Amount of Principal Forgiveness to Date: $_______________________________________
Outstanding Balance of Principal $__________________________________________________
Signature of Authorized Officer of Department: _____________________________________________
Date: ___________________________ Draw Number: ________________________________
Principal Draw Paid to City this Date: $__________________________________________________
Amount of Principal Forgiveness this Date: $____________________________________________
Cumulative Amount of Principal Draws Paid to Date: $_______________________________________
Cumulative Amount of Principal Forgiveness to Date: $_______________________________________
Outstanding Balance of Principal $__________________________________________________
Signature of Authorized Officer of Department: _____________________________________________
Date: ___________________________ Draw Number: ________________________________
Principal Draw Paid to City this Date: $__________________________________________________
Amount of Principal Forgiveness this Date: $____________________________________________
Cumulative Amount of Principal Draws Paid to Date: $_______________________________________
Cumulative Amount of Principal Forgiveness to Date: $_______________________________________
Outstanding Balance of Principal $__________________________________________________
Signature of Authorized Officer of Department: _____________________________________________
Date: ___________________________ Draw Number: ________________________________
Principal Draw Paid to City this Date: $__________________________________________________
Amount of Principal Forgiveness this Date: $____________________________________________
Cumulative Amount of Principal Draws Paid to Date: $_______________________________________
Cumulative Amount of Principal Forgiveness to Date: $_______________________________________
Outstanding Balance of Principal $__________________________________________________
Signature of Authorized Officer of Department: _____________________________________________
[ADDITIONAL EXHIBIT A PAGES TO BE
ATTACHED TO ACTUAL BOND]
SCHEDULE B
SCHEDULE OF PRINCIPAL PREPAYMENTS
TAXABLE UTILITIES REVENUE BOND, SERIES 2016
OF THE CITY OF BOSSIER CITY, STATE OF LOUISIANA
Prepayment Date Prepayment Amount Remaining Balance Due
EXHIBIT B
to Fifth Supplemental Bond Ordinance
FORM OF LOAN AGREEMENT
New Business:
The following Ordinance offered and adopted:
ORDINANCE NO. 46 OF 2016
AN ORDINANCE DECLARING THAT AN EMERGENCY DID EXIST AND
CONTINUES IN THE CITY OF BOSSIER CITY WHICH AFFECTED PROPERTY,
PUBLIC HEALTH, AND SAFETY DUE TO AN IMPENDING DRAIN PIPE COLLAPSE
AT ORBIT DRIVE AND PROVIDING FUNDING FOR EMERGENCY ACTIONS.
WHEREAS, the Sun City Ditch crossing at Orbit Drive began to collapse and
emergency action had to be taken beginning March 29, 2016 to protect the drain
pipe from further damage; and
WHEREAS, additional measures will have to be taken to replace the drain pipe
and headwalls which will include removing the street and drain boxes; and
WHEREAS, measures are in place and others are moving forward as quickly as
possible.
NOW, THEREFORE, BE IT ORDAINED, in legal session and fully convened,
The Bossier City Council hereby endorses that emergency measures were and
are necessary, appropriates $125,000.00 from the 1991 Streets and Drainage
Fund for the Unplanned Drainage account and approves the remainder to come
from existing funds in the 2016 Capital Budget for Public Works.
The above and foregoing Ordinance was read in full at open and legal
session convened, was on motion of Mr. Scott Irwin, and second by Mr. Jeffery
Darby, and adopted on this the 3rd day of May, 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
The following Ordinance offered and adopted:
ORDINANCE NO. 47 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 A COLLASPED-RUPTURED SEWER MAIN ALONGE
THE 2400 BLOCK OF BROADWAY AVENUE
WHEREAS, an 8” inch sewer main that runs along the 2400 block of Broadway
Did rupture and collapsed and created a situation affecting property, public health,
and safety.
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 collapse (rupture)of this sewer main at this
critical location.
BE IT FURTHER ORDAINED, that funds to repair the sewer main will come
from the sewer capital and contingency, in an amount not to exceed $79,000.00
(seventy nine thousand dollars and zero cents), 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. Jeffery Darby, and seconded by Mr. Thomas
Harvey, and adopted on this the 3rd day of May, 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 introduce an Ordinance to appropriate $120,000 to come from the Water
Capital Contingency Fund to be used to replace a collapsed storm drain pipe at the Bossier City
Reservoir.
Seconded by Mr. Irwin
No comment
Vote in favor of motion is unanimous
By: Mr. Montgomery, Jr.
Motion to Introduce an Ordinance authorizing and providing for issuance of $4,000,000
of Public Improvement Sales Tax Revenue Bonds, Series ST-2016, of the City of Bossier City,
State of Louisiana; prescribing the form fixing the details and providing for the rights of the
owners thereof; providing for payment of the principal of and interest on such bonds; and
providing for other matters in connection therewith.
Seconded by Mr. Irwin
No comment
Vote in favor of motion is unanimous
The following Resolution offered and adopted:
RESOLUTION NO. 35 OF 2016
A RESOLUTION TO HIRE OR PROMOTE THREE POSITIONS IN THE
CIVIC CENTER
_____________________________________________________
WHEREAS, Ordinance No. 2 of 2010 implemented a hiring freeze requiring Bossier
City Council approval for the hiring of any personnel; and
WHEREAS, the position of Operations Manager Position has become available due to
unforeseen circumstances; and
WHEREAS, the Event Coordinator II will be promoted to fill the vacant Operations
Manager Position at a salary of $17.70 per hour; and
WHEREAS, the Event Coordinator II vacancy will be filled by promoting an Event
Coordinator I at a salary of $12.13 per hour; and
WHEREAS, the promotion to Event Coordinator II will leave an opening for an Event
Coordinator I that will need to be filled at a salary of $10.00 per hour;
NOW, THEREFORE, IT BE RESOLVED that the City Council of the
City of Bossier City, in regular session convened, does hereby authorize the hiring or promoting
of three positions in the Civic Center.
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 this the 3rd
day of May, 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
The following Resolution offered and adopted:
RESOLUTION NO. 36 OF 2016
A RESOLUTION AUTHORIZING FILLING A VACANT POSITION IN PUBLIC WORKS
WHEREAS, Ordinance No. 2 of 2010 implemented a hiring freeze requiring
Bossier City Council approval for the hiring of any personnel; and
WHEREAS, one Equipment Operator I vacancy exists in the Streets & Drainage
division and filling this position will allow operations to continue; and
THEREFORE, the Administration is approved to hire an Equipment Operator I in
Streets & Drainage.
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 a Equipment Operator I.
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. Jeff Free,
and adopted on this the 3rd day of May, 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
Bossier City, Louisiana
May 3, 2016
The City Council of the City of Bossier City, Louisiana met in special
public session at 3:00 o’clock p.m. on Tuesday, May 3, 2016, 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.
Don Williams, 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
On motion of Mr. David Montgomery, Jr. and seconded by Mr. Jeffery
Darby, the following resolution was introduced:
RESOLUTION NO. 37 OF 2016
A RESOLUTION AUTHORIZING THE EXECUTIVE
OFFICERS OF THE CITY OF BOSSIER CITY,
LOUISIANA TO EXECUTE A BOND PURCHASE
AGREEMENT IN CONNECTION WITH CERTAIN
PUBLIC IMPROVEMENT SALES TAX REVENUE
BONDS, SERIES ST-2016.
WHEREAS, on February 16, 2016, the City of Bossier City, Louisiana
(the “Issuer”), adopted Resolution No. 12 of 2016, authorizing development of a
project involving issuance by the Issuer of not exceeding $4,000,000 principal
amount of its Public Improvement Sales Tax Revenue Bonds, Series ST-2016 (the
“Bonds”); and
WHEREAS, it is expected the Bonds will be marketed and sold prior to
May 17, 2016;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Bossier City, Louisiana, as follows:
SECTION 1. The Issuer hereby authorizes the use and distribution of
a Preliminary Official Statement in connection with marketing and sale of the
Bonds by Stifel Nicolaus & Company, Incorporated and Sisung Securities
Corporation (collectively, the “Underwriters”), in substantially the form submitted
to the Issuer, with such additions, omissions and changes as may be approved by
Bond Counsel to the Issuer. The Issuer further authorizes and approves execution
of a final Official Statement by the Mayor and/or City Clerk of the Issuer and the
delivery of such Official Statement to the Underwriters for use in connection with
the public offering of the Bonds.
SECTION 2. 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 between the Issuer and
the Underwriters in form substantially attached hereto as Exhibit A, with such
additions, omissions and changes as may be approved by Bond Counsel to the
Issuer.
SECTION 3. The Mayor and/or City Clerk of the Issuer 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, to be executed and
delivered contemporaneously with the Bonds.
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.
Jeffery Darby, and adopted on the 3rd day of May, 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
This resolution was declared adopted on this 3rd day of May, 2016.
_________________________________
DON WILLIAMS, President
_________________________________
PHYLLIS McGRAW, Clerk of 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 Council
STATE OF LOUISIANA
PARISH OF BOSSIER
I, PHYLLIS McGRAW, certify that I am the duly qualified and acting
City Clerk for the City of Bossier City, Louisiana.
I further certify that the foregoing is a true and correct copy of an
excerpt from the minutes of a public meeting of the City of Bossier City, Louisiana,
held on May 3, 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, the 3rd day of May,
2016. _________________________________
PHYLLIS McGRAW
Clerk of the Council
[S E A L]
The following Resolution offered and adopted:
RESOLUTION NO. 38 OF 2016
A RESOLUTION AUTHORIZING THE HIRING OF ONE POLICE OFFICER.
WHEREAS, Ordinance No. 2 of 2010 implemented a hiring freeze requiring
Bossier City Council approval for the hiring of any personnel;
WHEREAS, with the retirement of one Police Officer, one vacancy now exists in
the Police Department and filling this position will allow all 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.
The above and foregoing Resolution was read in full at open and legal session
convened, was on motion of Mr. Jeff Free, and second by Mr. Thomas Harvey, and
adopted on this the 3rd day of May, 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
The following Resolution offered and adopted:
RESOLUTION NO. 39 OF 2016
A RESOLUTION AUTHORIZING TWO FIRE DEPARTMENT LINE EMPLOYEES TO
BE REPLACED DUE TO VACANCIES FROM RETIREMENT:
WHEREAS, Ordinance No. 2 of 2010 implemented a hiring freeze requiring
Bossier City Council approval for the hiring of any personnel;
WHEREAS, two vacancies now exist in the Fire Department due to Retirement
and filling these positions 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 replace two Firefighter positions;
The above and foregoing Resolution was read in full at open and legal session
convened, was on motion of Mr. Jeff Free, and second by Mr. Thomas Harvey, and
adopted on this the 3rd day of May, 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. Free
Motion to approve Parade Permit Fee Waiver for First Baptist Bossier Backpack 5K
Race, May 21, 2016.
Seconded by Mr. Williams
No comment
Vote in favor of motion is unanimous
By: Mr. Free
Motion to approve 1st and Final Report of Change Order for the 2015 Asphalt Street
Program a decrease of $30,827.00. Total cost of contract with decrease $291,018.00.
Seconded by Mr. Darby
No comment
Vote in favor of motion is unanimous
The following Resolution offered and adopted:
RESOLUTION NO. 40 OF 2016
A RESOLUTION TO HIRE ONE TENNIS PROFESSIONAL POSITION
FOR THE NORTH BOSSIER TENNIS FACILITIES FOR PARKS AND
RECREATION.
_____________________________________________________
WHEREAS, the City Council of the City of Bossier City authorizes the
hiring one Tennis Professional position for Parks and Recreation.
NOW, THEREFORE, IT BE RESOLVED that the City Council of the
City of Bossier City, in regular session convened, does hereby authorize the hiring of one Tennis
Professional position for Parks and Recreation.
The above and foregoing Resolution, read in full at open and legal session convened, was
on motion of Mr. David Montgomery, Jr. and seconded by Mr. Don Williams, and adopted on
this the 3rd day of May, 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
The following Resolution offered and adopted:
Resolution No. 41 Of 2016
A RESOLUTION AUTHORIZING THE HIRING OF AN ACCOUNT CLERK I
IN THE WATER BILLING DEPARTMENT CUSTOMER SERVICE AND
BACKFILLING TWO POSITIONS WITHIN THE DEPARTMENT
________________________________________________________________________
WHEREAS, the Utility Billing Supervisor, in the Water Billing Department
has decided to go back to school full time and it is necessary to hire another Account
Clerk I; and promote two positions within to backfill the positions.
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 an Account Clerk I in the Water Billing Department Customer
Service.
The above and foregoing Resolution was read in full at open and legal session
convened, was on motion of Mr. David Montgomery, Jr., and seconded by Mr. Don
Williams, and adopted on this the 3rd day of May, 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
3:46 PM by Mr. Williams.
Respectfully submitted:
Phyllis McGraw
City Clerk
Publish: May 11, 2016
Bossier Press Tribune
Agenda
-AGENDA-
- BOSSIER CITY COUNCIL REGULAR MEETING-
-TUESDAY, MAY 3, 2016 - 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 Jeff Free
() IV. Roll Call
() V. Approve minutes of the April 19, 2016, Regular Meeting and dispense
with the reading.
() VI. Approve Agenda:
() VII. Ceremonial Matters/Recognition of Guests
() 1. Recognition of High School State Wrestling and Basketball Champions
() VIII. Committee Reports:
() 1. Police Department - Update on body camera program
() IX. Unfinished Business:
() 1. Adopt an Ordinance to appropriate $504,848 to come from the 2007
Transportation Improvement Bond Fund to be used to supplement existing
funds to go toward the City's 20% contribution of Right-of-Way, Utility
Relocations, Construction and Inspection Fees for the Shed Road
Improvement Project. (Benton Road to Airline Drive)
(Final Reading) (Hudson)
() 2. Adopt an Ordinance to appropriate Funds in the amount of two Million
Five Hundred Thousand Dollars to provide for the replacement of the
Force-Main from the Big Airline Lift Station.
(Final Reading) (Bell)
() 3. Adopt an Ordinance making it unlawful for any employee of the City
of Bossier City to be employed or remain employed by the City of Bossier
City if testing shows the presence of any alcohol above 0.0% in their
system while in the service of the City and/or while operating any publicly
owned vehicle or equipment.
(Final Reading) (Williams)
() 4. Adopt a Supplemental Bond Ordinance authorizing issuance of not
exceeding Ten Million Dollars ($10,000,000) of taxable Utilities Revenue
Bonds, Series 2016, of the City of Bossier City, State of Louisiana, in
accordance with the terms of a General Bond Ordinance adopted on July
6, 2010; prescribing the form, and certain terms and conditions of said
bonds and providing for other matters in connection therewith.
(Final Reading)(Hall)
() X. New Business:
() 1. Adopt an Ordinance declaring that an emergency did exist and continues
in the City of Bossier City which affected property, public health and
safety due to an impending drain pipe collapse at Orbit Drive and
providing funding for emergency actions.
(First and Final Reading) (Neathery)
() 2. Adopt 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 rupture in the 2400 block of Broadway St.
(First and Final Reading)(Bell)
() 3. Introduce an Ordinance to appropriate $120,000 to come from the Water
Capital Contingency Fund to be used to replace a collapsed storm drain
pipe at the Bossier City Reservoir.
(First Reading) (Hudson)
() 4. Introduce an Ordinance authorizing and providing for issuance of
$4,000,000 of Public Improvement Sales Tax Revenue Bonds, Series ST-
2016, of the City of Bossier City, State of Louisiana; prescribing the form
fixing the details and providing for the rights of the owners thereof;
providing for payment of the principal of and interest on such bonds; and
providing for other matters in connection therewith.
(First Reading) (Hall)
() 5. Adopt a Resolution to hire or promote three positions in the Civic Center.
(First and Final Reading) (Davis)
() 6. Adopt a Resolution authorizing filling a vacant position in Public Works.
(First and Final Reading) (Neathery)
() 7. Adopt a Resolution authorizing the executive officers of the City of
Bossier City, Louisiana to execute a Bond Purchase Agreement in
connection with certain Public Improvement Sales Tax Revenue Bonds,
Series ST-2016.
(First and Final Reading) (Hall)
() 8. Adopt a Resolution authorizing the hiring of one Police Officer
(First and Final Reading) (McWilliams)
() 9. Adopt a Resolution authorizing the hiring of two Fire Department line
employees to replace two Firefighter positions due to retirement.
(First and Final Reading) (Zagone)
() 10. Approve Parade Permit Fee Waiver for First Baptist Bossier Backpack 5K
Race, May 21, 2016.
() 11. Approve 1st and Final Report of Change Order for the 2015 Asphalt Street
Program a decrease of $30,827.00. Total cost of contract with decrease
$291,018.00.
() XI. Announcements-
() XII. Adjourn –
Get email alerts for Bossier City
A daily email when new agendas and minutes are posted.