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City Council

Regular Meeting

Bossier City, LA · May 3, 2016

AgendaMinutes

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 –

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