City Council

PROCEEDINGS OF THE CITY COUNCIL OF BOSSIER CITY STATE OF LOUISIANA TAKEN AT THE REGULAR MEETING November 21, 2017 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, November 21, 2017, at 3:00 PM Invocation was given by Council Member Scott Irwin Pledge of Allegiance led by Council Member Timothy Larkin Roll Call as follows: Present: Honorable Councilor Jeffery Darby, President, Honorable Councilors, David Montgomery, Jr, Timothy Larkin, Scott Irwin, Don Williams, Jeff Free and Thomas Harvey 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 November 7, 2107, Regular Meeting and dispense with the reading. Seconded by Mr. Harvey No comment Vote in favor of motion is unanimous By: Mr. Montgomery, Jr. Motion to approve Agenda Seconded by Mr. Williams No comment Vote in favor of motion is unanimous Ceremonial Matters/ Recognition of Guests: Mr. Darby welcomed the Bossier Youth Leadership students and explained to them and the audience how the meeting would proceed and public comments Committee Reports: Finance Director, Stacie Fernandez, gave the monthly Financial Update. Unfinished Business: The following Ordinance offered and adopted: Ordinance No. 149 Of 2017 AN ORDINANCE ENACTING SECTION 99-13 OF THE BOSSIER CITY CODE OF ORDINANCES SMALL WIRELESS FACILITIES. ______________________________________________________________________________ WHEREAS, the City of Bossier City desires to encourage wireless infrastructure investment by providing a fair and predictable process for the deployment of small wireless facilities, while enabling the City to promote the management of the rights-of-way in the overall interests of the public health, safety and welfare; and  WHEREAS, the City recognizes that small wireless facilities are critical to delivering wireless access to advanced technology, broadband and 9-1-1 services to homes, businesses, schools within the City; and WHEREAS, the City recognizes that small wireless facilities, including facilities commonly referred to as small cells and distributed antenna systems, often may be deployed most effectively in the public rights-of-way; and NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Bossier City, Louisiana, in regular session convened, that Section 99-13 is hereby added to the Bossier City Code of Ordinances and is hereby enacted as follows: Sec. 99-13 SMALL WIRELESS FACILITIES Section 1. Purpose (A) Purpose. The purpose of this Chapter is to establish policies and procedures for the placement of small wireless facilities in rights-of-way within the City’s jurisdiction, which will provide public benefit consistent with the preservation of the integrity, safe usage, and visual qualities of the City’s rights-of-way and the City as a whole. (B) Intent. In enacting this Chapter, the City is establishing uniform standards to address issues presented by small wireless facilities, including without limitation, to: (1) Prevent interference with the use of streets, sidewalks, alleys, parkways and other public ways and places; (2) Prevent the creation of visual and physical obstructions and other conditions that are hazardous to vehicular and pedestrian traffic; (3) Prevent interference with the facilities and operations of facilities lawfully located in rights-of-way or public property, as well as public safety vehicles; (4) Protect against environmental damage, including damage to trees; (5) Preserve the character of the neighborhoods in which facilities are installed; and (6) Facilitate rapid deployment of small cell facilities to provide the benefits of advanced wireless services.  (C) Conflicts with Other Chapters. This Chapter supersedes all Chapters or parts of Chapters adopted prior hereto that are in conflict herewith, to the extent of such conflict. Section 2. Definitions The terms below have the following meanings for purposes of this ordinance. (A) “Antenna” means communications equipment that transmits or receives electromagnetic radio frequency signals used in the provision of wireless services. (B) “Applicable Codes” means uniform building, fire, electrical, plumbing, or mechanical codes adopted by a recognized national code organization or local amendments to those codes enacted solely to address imminent threats of a destruction of property or injury to persons to the extent not inconsistent with the terms of this Chapter. (C) “Applicant” means any person who submits an application and is a wireless provider. (D) “Application” means a request submitted by an applicant (i) for a Permit to collocate small wireless facilities; or (ii) to approve the installation or modification of a utility pole or wireless support structure. (E) “City Owned Pole” means (i) a utility pole owned or operated by the City in the rights-of-way, including a utility pole that provides lighting or traffic control functions, including light poles, traffic signals, and structure for signage, and (ii) a pole or similar structure owned or operated by the City in the ROW that supports only Wireless Facilities. (F) “City” means the City of Bossier City, Louisiana (G) “City Council” means the City Council of the City of Bossier City, Louisiana. (H) “City Engineer” means the person appointed by the Mayor as the manager to perform the responsibilities in this Ordinance. (I) “Collocate” means to install, mount, maintain, modify, operate, or replace wireless facilities on or adjacent to a wireless support structure or utility pole. “Collocation” has a corresponding meaning. (J) “Day” means calendar day. (K) “Fee” means a one-time charge. (L) “Person” means an individual, corporation, limited liability company, partnership, association, trust, or other entity or organization, including the City. (M) “Rate” means a recurring charge. (N) “Rights-of-Way or “ROW” means the area on, below, or above a roadway, highway, street, sidewalk, alley, or similar property, but not including a federal interstate highway, in the City. (O) “Small Wireless Facility” means a wireless facility that meets both of the following qualifications: (i) each antenna is located inside an enclosure of no more than six cubic feet in volume or, in the case of an antenna that has exposed elements, the Antenna and all of its exposed elements could fit within an imaginary enclosure of no more than six cubic feet; and (ii) all other wireless equipment associated with the facility is cumulatively no more than 28 cubic feet in volume. The following types of associated ancillary equipment are not included in the calculation of equipment volume: electric meter, concealment elements, telecommunications demarcation box, ground- based enclosures, grounding equipment, power transfer switch, cut-off switch and vertical cable runs for the connection of power and other services. (P) “Utility Pole” means a pole or similar structure that is used in whole or in part for the purpose of carrying electric distribution lines or cables or wires for telecommunications, cable or electric service, or for lighting, traffic control, signage, or a similar function regardless of ownership, including City owned poles. Such term shall not include structures supporting only Wireless Facilities. (Q) “Wireless Facility” means equipment at a fixed location that enables wireless communications between user equipment and a communications network, including: (i) equipment associated with wireless communications; and (ii) radio transceivers, Antennas, coaxial or fiber-optic cable, regular and backup power supplies, and comparable equipment, regardless of technological configuration. The term includes small wireless facilities. The term does not include the structure or improvements on, under, or within which the equipment is collocated. (R) ‘Wireless Infrastructure Provider” means any person, including a person authorized to provide telecommunications service in the state, that builds or installs wireless communication transmission equipment, wireless facilities or wireless support structures, but that is not a wireless services provider. (S) “Wireless Provider” means a wireless infrastructure provider or a wireless services provider. (T) “Wireless Services” means any services, whether at a fixed location or mobile, provide using wireless facilities. (U) “Wireless Services Provider” means a person who provides wireless services. (V) “Wireless Support Structure” means a freestanding structure, such as a monopole; tower, either guyed or self-supporting; billboard; or, other existing or proposed structure designed to support or capable of supporting wireless facilities. Such term shall not include a utility pole. Section 3: Permitted Use; Application and Fees (A) Permitted Use: Collocation of a small cell facility or a new or modified utility pole or wireless support structure for the collocation of a small cell facility shall be a permitted use subject to the restrictions in Section 5. (B) Permit Required. No person shall place a small wireless facility in the rights- of-way, without first filing a small wireless facility application and obtaining a permit therefore, except as otherwise provided in this Chapter. (C) Permit Application. All small wireless facility applications for permits filed pursuant to this Chapter shall be on a form, paper or electronic, provided by the City. The applicant may designate portions of its application materials that it reasonably believes contain proprietary or confidential information as “proprietary” or “confidential” by clearly marking each page of such materials accordingly. (D) Application Requirements. The small wireless facility permit application shall be made by the wireless provider or its duly authorized representative and shall contain the following: (1) The applicant’s name, address, telephone number, and e-mail address; (2) The names, addresses, telephone numbers, and e-mail addresses of all consultants, if any, acting on behalf of the applicant with respect to the filing of the application. (3) A general description of the proposed work and the purposes and intent of the small wireless facility. The scope and detail of such description shall be appropriate to the nature and character of the work to be performed, with special emphasis on those matters likely to be affected or impacted by the work proposed; (4) A small wireless facility shall comply with all applicable codes. (E) Routine Maintenance and Replacement. An application shall not be required for: (i) routine maintenance; and (ii) the replacement of a small wireless facility with another small wireless facility that is substantially similar or smaller in size, weight, and height. (F) Information Updates. Any amendment to information contained in a permit application shall be submitted in writing to the City within thirty (30) days after the change necessitating the amendment. (G) Application Fees. (1) Unless otherwise provided by law, all applications for permits pursuant to this Chapter shall be accompanied by a fee for actual, direct, and reasonable costs incurred by the City related to processing the application, but shall not exceed $500 each for each small wireless facilities addressed in the application and $1,000 per application for each wireless support structure or attachment to a City owned pole.  (2) The amount of the actual, direct, and reasonable costs for application fees shall not include costs incurred in a relation to third-party legal or engineering review of an application; or direct payments or reimbursement of third-party public right-of-way rates or fees charged on a contingency basis or under a result-based arrangement. Section 4. Action on Permit Applications (A) Review of Small Cell Facility Applications. (1) The City shall review the application for a small wireless facility permit in light of its conformity with applicable regulations of this Chapter, and shall issue a permit on nondiscriminatory terms and conditions subject to the following requirements: (a) Within 10 days of receiving an Application, the City must determine and notify the Applicant whether the Application is complete; or if an Application is incomplete, the City must specifically identify the missing information. (b) Make its final decision to approve or deny the application within sixty (60) days; and (c) Advise the applicant in writing of its final decision, and in the final decision document the basis for a denial, including specific code provisions on which the denial was based, and send the documentation to the applicant on or before the day the City denies the application. The applicant may cure the deficiencies identified by the City and resubmit the application within 30 days of the denial without paying an additional application fee. The City shall approve or deny the revised application within 30 days of receipt of the amended application. The subsequent review by the City shall be limited to the deficiencies cited in the original denial. (2) If the City fails to act on an application within the sixty (60) day review period, the applicant may provide notice that the time period for acting has lapsed and the application is then deemed approved. (3) An applicant seeking to construct, modify or replace a network of small wireless facilities may, at the applicant’s discretion, file a consolidated application and receive a single permit for multiple small wireless facilities. Provided however, the City’s denial of any site or sites within a single application shall not affect other sites submitted in the same application. The City shall grant a permit for any and all sites in a single application that it does not deny subject to the requirements of this Section. Section 5. Small Wireless Facilities in the Right of Way; Maximum Height; Other Requirements (A) Maximum Size of Permitted Use. Small wireless facilities, and new or modified utility poles and wireless support structures for the collocation of small wireless facilities may be placed in the rights-of-way as a permitted use subject to the following requirements:  (1) Each new or modified utility pole or wireless support structure installed in the rights-of-way shall not exceed the greater of: (a) Ten (10) feet above the tallest existing utility pole in the rights-of-way in place as of the effective date of this Chapter located within 500 feet of the new pole; or, (b) Fifty (50) feet above ground level. (2) New small wireless facilities in the rights-of-way shall not exceed the greater of: (a) More than ten (10) feet above an existing utility pole or wireless support structure in the rights-of-way in place as of the effective date of this Chapter; or (b) Above the height for a new utility pole or wireless support structure under Section 4 (A) (1). (B) Zoning. Any wireless provider that seeks to construct or modify a utility pole, wireless support structure or wireless facility that exceeds the height or size limits contained in this section, shall be subject to applicable zoning requirements. (C) Undergrounding Provisions. Applicant shall comply with nondiscriminatory undergrounding requirements that prohibit electric utilities, telecommunications or cable providers from installing structures in the rights- of-way without prior zoning approval in areas zoned for single family residential use, provided such requirements shall not prohibit the replacement of existing structures. (D) Location of Small Cell Facilities. Applicant shall provide the latitude and longitude coordinates of each small cell facility. Section 6. Effect of Permit (A) Authority Granted; No property Right or Other Interest Created. A permit from the City authorizes an applicant to undertake only certain activities in accordance with this Chapter, and does not create a property right or grant authority to the applicant to impinge upon the rights of others who may already have an interest in the rights-of-way. (B) Duration. No permit for construction issued under this Chapter shall be valid for a period longer than twelve (12) months unless construction has actually begun within that period and is thereafter diligently pursued to completion. Section 7. Removal, Relocation or Modification of Small Wireless Facility in the Right of Way. (A) Notice. Within ninety (90) days following written notice from the City, wireless provider shall, at its own expense, protect, support, temporarily or permanently disconnect, remove, relocate, change or alter the position of any small wireless facilities within the rights-of-way whenever the City has determined that such removal, relocation, change or alteration, is reasonably necessary for the construction, repair, maintenance, or installation of any City improvement in or upon, or the operations of the City in or upon, the rights- of-way. (B) Emergency Removal or Relocation of Facilities. The City retains the right and privilege to cut or move any small wireless facility located within the rights-of-way of the City, as the City may determine to be necessary,  appropriate or useful in response to any public health or safety emergency. If circumstances permit, the City shall notify the wireless provider and provide the wireless provider an opportunity to move its own facilities prior to cutting or removing a facility and shall notify the wireless provider after cutting or removing a small wireless facility. (C) Abandonment of Facilities. Upon abandonment of a small wireless facility within the rights-of-way of the City, the wireless provider shall notify the City within ninety (90) days. Following receipt of such notice the City may direct the wireless provider to remove all or any portion of the small wireless facility if the City or any of its departments, determines that such removal will be in the best interest of the public health, safety and welfare. Section 8. Right of Way Rates (A) Annual Rate. A wireless provider authorized to place small wireless facilities in the rights-of-way shall pay to the City compensation for use of the rights- of-way in the amount of $250 annually per small wireless facility. (B) Cease Payment. A wireless provider is authorized to remove its facilities from the rights-of-way upon providing the City with at least thirty (30) days written notice and cease paying the City compensation for use of the rights-of- way after removal of its facilities. Section 9. Attachment to City Owned Utility Poles in the Right of Way. (A) Annual Rate. The rate to place a small wireless facility on a City owned pole in the right-of-way shall be $50 per year for all City owned poles in the rights- of-way. Such compensation together with the application fee and the rights- of-way fee specified in Section 2:387 of this Chapter shall be the sole compensation that the wireless provider shall be required to pay the City. (B) Cease Payment. A wireless provider is authorized to remove its facilities from the rights-of-way upon providing the City with at least thirty (30) days written notice and cease paying the City compensation for use of the rights-of- way after removal of its facilities. (C) Make-Ready. For City owned utility poles in the rights-of-way, the City shall provide a good faith estimate for any make-ready work necessary to enable the pole to support the requested small wireless facility, including pole replacement if necessary, within 60 days after receipt of a completed request. Make-ready work including any pole replacement shall be completed within 60 days of written acceptance of the good faith estimate by the wireless provider. Section 10. Change of Law In the event that any legislative, regulatory, judicial, or other action affects the rights of obligations of the Parties or establishes rates, terms or conditions for the construction, operation, maintenance, repair or replacement of small cells on City infrastructure or in the right-of-way, that differ, in any material respect from the terms of this Agreement (“New Law”), then either Party may, upon thirty (30) days written notice, require that the terms of this Agreement be renegotiated to conform to the New Law. Such conformed terms shall then apply on a going forward basis for all existing and new small cell installations, unless the New Law requires retroactive application, in which case such new terms shall apply retroactively, as required by the New Law. In the event that the Parties are unable to agree upon new terms within 90 days after notice, then the rates contained in the New Law shall apply from the 90th day forward until the negotiations are completed, or a Party obtains a ruling regarding the appropriate conforming terms from a commission or court of competent jurisdiction.  This Ordinance shall be effective one month following adoption by the Bossier City Council. The provisions of this ordinance are deemed to be separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section, or portion of this ordinance, or the invalidity of the application thereof to any person or circumstance shall not affect the validity of the remainder of this ordinance, or the validity of its application to other persons or circumstances. The above and foregoing Ordinance 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 the 21st day of November, 2017, by the following vote: AYES: Mr. Montgomery, Jr., Mr. Larkin, Mr. Irwin, Mr. Darby, Mr. Williams, Mr. Free and Mr. Darby NAYS: none ABSENT: none ABSTAIN: none _________________________________________________ Jeffery D. Darby, President __________________________________________________ Phyllis McGraw, City Clerk The following Ordinance offered and adopted: ORDINANCE NO. 150 OF 2017 AN ORDINANCE TO APPROVE THE MAYOR TO EXECUTE AN ACT OF DONATION TO ACCEPT LOT 40 OF AUTUMN CREEK SUBDIVISION, UNIT NO. 1, AS PER PLAT RECORDED IN BOOK 1207, PAGE 691-692, OF THE RECORDS OF BOSSIER PARISH. WHEREAS, Lot 40 of Autumn Creek Subdivision, Unit No. 1, serves only as a Utility Easement and includes a Sewer Lift Station intended to be the property of Bossier City; and WHEREAS, the owner of Lot 40 wishes to donate the lot to the City of Bossier City. NOW THEREFORE, BE IT ORDAINED, that the City Council of Bossier City, Louisiana, in regular session convened, hereby approves the Mayor to execute an Act of Donation to accept Lot 40 of Autumn Creek Subdivision, Unit No. 1, as per plat recorded in book 1207, page 691-692 of the records of Bossier Parish. BE IT FURTHER ORDAINED, that the Mayor 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. Scott Irwin, and seconded by Mr. David Montgomery, Jr., and adopted on the 21st day of November, 2017, by the following vote: AYES: Mr. Montgomery, Jr., Mr. Larkin, Mr. Irwin, Mr. Darby, Mr. Williams, Mr. Free and Mr. Darby NAYS: none ABSENT: none ABSTAIN: none _________________________________________________ Jeffery D. Darby, President __________________________________________________ Phyllis McGraw, City Clerk The following Ordinance offered and adopted: ORDINANCE NO. 151 of 2017 ADOPT AN ORDINANCE AUTHORIZING SHREVEPORT TRANSIT MANAGEMENT, INC, aka SPORTRAN TO PLACE ON LOTS 1 AND 2 OF EAST MCCORMICK SUBDIVSION A BUS TRANFER SHELTER WHEREAS, the City of Bossier City desires to continue to enhance the community and agrees to allow Sportran to place on Lots 1 & 2 of East McCormick Subdivision a bus shelter; and WHEREAS, all costs of the construction and all expense for the construction will be the responsibility of Sportran and Sportran agrees to place the Poligon Mega Rib structure on the property, which will consist of the shelter cover and benches for commuters; and WHEREAS, Sportran agrees to construct the shelter in compliance with all applicable building codes and to maintain the area that is being allowed for the shelter; and WHEREAS, Sportran agrees to accept all liability and will include the City of Bossier as an additional insured party for all the construction and the insurance of the permanent structure; and WHEREAS, the City of Bossier City and Sportran agree that if the City of Bossier determines that the shelter is not serving the citizens and the City of Bossier the City of Bossier shall remove the structure from the site without any recourse from Sportran. WHEREAS, the City of Bossier City agrees to allow the structure to be erected on Lots 1 & 2 of East McCormick Subdivision by Sportran. NOW, THEREFORE, BE IT ORDAINED by the City Council of Bossier City, Louisiana in regular session convened, that does hereby agree to allow Sportran to erect and maintain the proposed bus shelter structure on the city owned land as described. BE IT FURTHER RESOLVED THAT Mayor Lorenz J. Walker is hereby authorized to sign and all documents required furthering this ordinance. The above and foregoing Ordinance 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 the 21st day of November, 2017, by the following vote: AYES: Mr. Montgomery, Jr., Mr. Larkin, Mr. Irwin, Mr. Darby, Mr. Williams, Mr. Free and Mr. Darby NAYS: none ABSENT: none ABSTAIN: none _________________________________________________ Jeffery D. Darby, President __________________________________________________ Phyllis McGraw, City Clerk The following Ordinance offered and adopted: Ordinance No. 152 Of 2017 ADOPT AN ORDINANCE TO APPROPRIATE FUNDS TO COVER REQUIREMENTS AT WATER TREATMENT PLANT (WTP) #3 FOR A TOTAL OF $28,000.00 TO COME FROM THE WATER CAPITAL & CONTINGENCY FUND. WHEREAS The Requirements are as follows: 1. R& R Remove and replace Desiccant - $4,164.80 2. AIM – Remove and Replace Airend of Air Compressor - $6,535.66 3. IFS – Remove and Replace Air Positioners and Related Items - $14,622.00 4. Contingencies - $2,677.54 Total - $28,000.00 WHEREAS, $28,000.00 to come from the Water Capital & Contingency Fund. NOW, THEREFORE, BE IT ORDAINED by the City Council of Bossier City, Louisiana, in regular session convened, that the Bossier City Council does hereby approve an ordinance to appropriate $28,000.00 to come from the Water Capital & Contingency Fund to cover the above requirements at the #3 Water Treatment Plant. The above and foregoing Ordinance 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 the 21st day of November, 2017, by the following vote: AYES: Mr. Montgomery, Jr., Mr. Larkin, Mr. Irwin, Mr. Darby, Mr. Williams, Mr. Free and Mr. Darby NAYS: none ABSENT: none ABSTAIN: none _________________________________________________ Jeffery D. Darby, President __________________________________________________ Phyllis McGraw, City Clerk Ordinance No. 153 Of 2017 AN ORDINANCE AUTHORIZING THE SALE OF LOTS 252 AND THE WEST 21.53’ OF LOT 251, EAST SHREVEPORT SUBDIVISION TO ALLY REAL ESTATE, LLC FOR THE APPRAISED VALUE PURSUANT TO LOUISIANA R. S. 33:4712.2 ______________________________________________________________________  WHEREAS, the City of Bossier City owns Lot 252 and the west 21.53’ of Lot 251, East Shreveport Subdivision , Bossier City; and WHEREAS, the referenced property has been appraised by David Volentine, MAI and the market value of the subject property as of August 17, 2017 is Fifty- five thousand dollars and no cents ($55,00.00); and WHEREAS, Ally Real Estate, LLC proposes to use the property to build and construct a building to provide an expansion of their existing real estate business, which will be located in Bossier City and to construct proposed tenant space within the building that will be available for lease to new businesses looking to located in downtown Bossier City; and WHEREAS, this new construction will allow future growth of job creation and new economic opportunities in downtown Bossier City thereby creating additional economic opportunities in Bossier City; and WHEREAS, Ally Real Estate, LLC shall be responsible for all costs including advertising costs, closing costs, appraisal and recording fees and any other fees that are required to complete the transfer of property; and NOW THEREFORE BE IT ORDAINED by the City Council of Bossier City, Louisiana in regular session convened, that the City of Bossier City, after due notice intends to transfer said property pursuant to the provisions of La. R. S. 33:4717.2 in consideration of the economic benefit created as a result of the said transfer; and BE IT FURTHER ORDAINED, that this ordinance will be on file in the office of the Bossier City Council Clerk for public inspection and it constitutes the entirety of the contract between the Ally Real Estate, LLC; and BE IT FURTHER ORDAINED, that any and all objections to said transaction shall be filed in the office of the Bossier City Council Clerk, prior to November 21, 2017 at 3:00 p.m. before the second reading of this ordinance and/or by appearing at the Bossier City Council meeting at which this ordinance will be considered for adoption; The above and foregoing Ordinance was read in full at open and legal session convened, was on motion of Mr. David Montgomery, Jr. and seconded by Mr. Scott Irwin and adopted on the 21st day of November, 2017, by the following vote: AYES: Mr. Montgomery, Jr., Mr. Larkin, Mr. Irwin, Mr. Darby, Mr. Williams, Mr. Free and Mr. Darby NAYS: none ABSENT: none ABSTAIN: none _________________________________________________ Jeffery D. Darby, President __________________________________________________ Phyllis McGraw, City Clerk New Business: By: Mr. Montgomery, Jr. Motion to introduce an Ordinance to add Sections 118-2 through 118-17 Relative Transportation Network Companies and to otherwise provide with respect thereto. Seconded by Mr. Free No comment Vote in favor of motion is unanimous By: Mr. Montgomery, Jr.  Motion to introduce an Ordinance to appropriate funds to cover construction cost for the East Texas Gravity Main Rehab project for a total of $3,900,000.00 to come from the Sewer Capital Contingency Fund. Seconded by Mr. Williams No comment Vote in favor of motion is unanimous By: Mr. Montgomery, Jr. Motion to introduce an Ordinance to request additional funds for the 2017 and 2018 General Fund Budget money for Youth Uniforms in Parks and Recreation. Seconded by Mr. Williams No comment Vote in favor of motion is unanimous By: Mr. Irwin Motion to introduce an Ordinance authorizing and approving the engagement of Heard, McElroy & Vestal, LLC to provide Professional Services to audit the financial statements of the City of Bossier City, Centurylink Area Fund, Firemen's Pension and Relief Fund and Policemen's Pension and Relief Fund. Seconded by Mr. Montgomery, Jr. No comment Vote in favor of motion is unanimous By: Mr. Free Motion to introduce an Ordinance to restore the 1993 Landscape Beautification Initiative instituted to foster the beautification and care of Bossier City public rights of way, public easements and publicly owned properties. Seconded by Mr. Larkin Mr. Larkin outlined why he wanted to bring up this Ordinance. Council discussion and questions for City Attorney on this item and several residents spoke in favor of this Ordinance. Vote as follows: Yeas: Mr. Larkin and Mr. Free Nays: Mr. Montgomery, Jr., Mr. Irwin, Mr. Darby, Mr. Williams and Mr. Harvey Absent: none Abstain: none Motion failed RESOLUTION NO. 108 OF 2017 A RESOLUTION ADOPTING QUESTIONNAIRE FROM LEGISLATIVE AUDITOR AND CITY’S ANSWER THERETO. _______________________________________________________________________ IT IS RESOLVED, that the Louisiana Compliance Questionnaire from the Legislative Auditor covering period, 1-1-2017 thru 12-31-2017, and City’s answer thereto all of which are on file with City Clerk, are hereby adopted. A copy of this questionnaire and answers will be furnished to the City’s certified public accountants, Heard, McElroy & Vestal. The above and foregoing Resolution, was read in full at open and legal session convened, as on motion of Mr. David Montgomery, Jr., and seconded by Mr. Don Williams and adopted on the 21st day of November, 2017, by the following vote: AYES: Mr. Montgomery, Jr., Mr. Larkin, Mr. Irwin, Mr. Darby, Mr. Williams, Mr. Free and Mr. Darby NAYS: none ABSENT: none ABSTAIN: none _________________________________________________ Jeffery D. Darby, President __________________________________________________ Phyllis McGraw, City Clerk Resolution #109 of 2017 A RESOLUTION ADOPTING THE CITY OF BOSSIER CITY’S CURRENT INVESTMENT POLICY IN ACCORDANCE WITH LA. REVISED STATUTE R.S. 33:2955 (D) AND SECTION 16.02 (J) OF THE BOSSIER CITY CHARTER. ________________________________________________________________________ I. Introduction In accordance with the provision of R.S. 33:2955 (D) and the authority of Section 16.02 (J) of the Charter of the City of Bossier City, the Director of Finance is authorized and required to make rules and regulations and to establish administrative policies and procedures relating to the cash management and investment policies of the City. It is anticipated that this policy statement will be reviewed and evaluated on a regular basis, to ensure that the policies and procedures expressed herein are responsive to the prevailing cash management and investment environment. This policy statement must, therefore, be appropriately amended, expanded, or purged on continuing basis. II. General Policies In general, the City Of Bossier shall operate under the "Prudent Person" rule, exercising judgment and care, under the circumstances prevailing, which people of ordinary prudence would employ in the management of their own affairs - not in regard to speculation, but as to the permanent disposition of their funds, considering both income and safety of capital. The assets of the City Of Bossier shall be held in trust by the fiduciary (fiduciaries) designated by the City Of Bossier. This policy is not intended to remain static. Normally, the City Of Bossier will review this policy at least annually and, if deemed advisable, recommend changes. Recommendations from outside professionals leading to improvements in policies, procedures, and operations are always welcome. OBJECTIVES The primary investment objective of the City Of Bossier is to ensure that the current and future obligations are adequately funded in a cost effective manner. The goals of this investment policy shall be (1) safety of principal, (2) liquidity, and (3) yield. Preservation of capital and the realization of sufficient total return to ensure the ongoing financial integrity of the funds are essential. Preservation of capital encompasses two goals: Managing the risk of loss of principal for the fund as a whole. Managing the erosion of principal value through inflation. The City Of Bossier shall establish internal controls for any derivatives in use to ensure that the risks inherent in derivatives are adequately managed. For purposes of this policy, "derivative" means any financial instrument created from or whose value depends on the value of one or more underlying assets or indexes of asset value. RESPONSIBILITY The investment of funds shall be managed by the Comptroller, subject to the approval of the Director of Finance, and may be accomplished by the selection of an investment manager (s). The selection must be approved by the City Council in accordance with the criteria established by the Director of Finance. The investment manager (s) must acknowledge in writing his obligations as a fiduciary responsible for the investment of the City Of Bossier assets. Prospective investment managers shall be registered investment advisors with the Securities and Exchange Commission under the Investment Act of 1940 or bank trust departments regulated by the Office of the Comptroller of the Currency. GUIDELINES The assets of the City Of Bossier shall be invested, as provided in R.S.33:2955 (A) (1), as amended, in following: 1. Direct U.S. Treasury obligations, the principal and interest of which are fully guaranteed by the U.S. government. 2. Bonds, debentures, notes or other evidence of indebtedness issued or guaranteed by federal agencies and provided such obligations are backed by the full faith and credit of the U.S., including U.S. Export Import Bank, Farmers Home Administration, Federal Financing Bank, Federal Housing Administration Debentures, General Services Administration, Government National Mortgage Association (guaranteed mortgage-backed bonds and guaranteed pass-through obligations), U.S. Maritime Administration (guaranteed Title XI financing), and U.S. Department of Housing and Urban Development. 3. Bonds, debentures, notes, or other evidence of indebtedness issued or guaranteed by U.S. government instrumentalities, which are federally sponsored, including Federal Home Loan Bank System, Federal Home Loan Mortgage Corporation, Federal National Mortgage Association, Student Loan Marketing Association, and Resolution Funding Corporation. 4. Direct security repurchase agreements of any federal bank entry only securities enumerated in paragraphs (1) through (3) above. "Direct security repurchase agreement" means an agreement under which the political subdivision buys,  holds for a specified time, and then sells back those securities and obligations enumerated in paragraphs (1) through (3). 5. Time certificates of deposit of state banks organized under the laws of Louisiana, or national banks having their principal offices in the state of Louisiana, savings accounts or shares of savings and loan associations and savings banks, or share accounts and share certificates accounts of federally or state chartered credit unions issuing time certificate of deposit, provided that the rate of interest paid for time certificates of deposit shall be not less than fifty basis points below the prevailing market interest rate on direct obligations of the U.S. Treasury with a similar length of maturity. Funds invested in accordance with this paragraph shall nor exceed at any time the amount insured by the Federal Deposit Insurance Corporation in any one bank, or in any one savings and loan association, or by the National Credit Union Administration in any one credit union, unless the uninsured portion is collateralized by the pledge of securities in the manner provided in R.S. 39:1221. 6. Mutual or trust fund institutions which are registered with the Securities and Exchange Commission under the Securities Act of 1933 and the Investment Act of 1940, and which have underlying investments consisting solely of and limited to securities of the U.S. government or its agencies. Investment of funds in mutual or trust fund institutions shall be limited to 25% of the monies considered available for investment as provided by R.S. 33:2955(A) (2). The Attorney General has determined that only mutual funds created as a Massachusetts business trust are acceptable investments (Op. Atty. Gen. 88- 546 (A). 7. Bonds, debentures, notes, or other evidence of indebtedness issued by the State of Louisiana or any of its political subdivisions with the exception of those of the City of Bossier City. The indebtedness shall have a long-term rating of Baa3 or higher by Moody’s Investor Service, a long-term rating of BBB- or higher by the Standard and Poor Corporation or a long-term rating of BBB- or higher by Fitch, Inc., or a short-term rating of M1G1 or VM1G1 by Moody’s Investors Service, a short-term rating of A-1 or A-1+ by Standard & Poor’s, or a short-term rating of F1 of F1+ by Fitch, Inc, and have a final maturity of no more than three years, except that such three year limitation shall no apply to (a) funds held by a trustee, escrow agent, paying agent, or other third party custodian in connection with a bond issue or (b) investment of funds held by either a hospital service district, a governmental 501(c)(3), or a public trust authority. 8. Bonds, debentures, notes, or other indebtedness issued by a state of the United States of America other than Louisiana or any such state’s political subdivisions provided that all of the following conditions are met: (i) The indebtedness has a minimum rating of A3 or Higher by Moody’s Investors Service or a rating of A- or higher by the Standard and Poor Corporation or a rating of A- or higher by Fitch, Inc., or a short-term rating of M1G1 or VM1G1 by Moody’s Investor Service, a short-term rating of A-1 of A-1+ by Standard & Poor’s, or a short-term rating of F1 of F1+ by Fitch, Inc. (ii) The indebtedness has a final maturity of no more than three years, except that such three-year limitation shall not apply to funds held by a trustee, escrow agent, paying agent, or other third-party custodian in connection with a bond issue nor to investment of funds held by either a hospital service district, a governmental 501(c)(3) organization, or a public trust authority, (iii) Prior to purchase of any such indebtedness and at all times during which such indebtedness is owned, the purchasing Louisiana political subdivision retains the services of an investment advisor registered with the United States Security and Exchange Commission. The City of Bossier City shall also include in the footnotes to the Consolidated Annual Financial Report the disclosures required by Governmental Accounting Standards Board Statements 3 and 40. These footnotes shall address the common deposit and investments risks related to credit risk, concentration of credit risk, interest rate risk and foreign currency risk.  BE IT RESOLVED that the Investment Policy referenced herein is hereby adopted. The above and foregoing resolution read in full at open and legal session convened, was on motion of Mr. David Montgomery, Jr., seconded by Mr. Don Williams, and adopted on the 21st day of November, 2017, by the following vote: AYES: Mr. Montgomery, Jr., Mr. Larkin, Mr. Irwin, Mr. Darby, Mr. Williams, Mr. Free and Mr. Darby NAYS: none ABSENT: none ABSTAIN: none _________________________________________________ Jeffery D. Darby, President __________________________________________________ Phyllis McGraw, City Clerk By: Mr. Montgomery, Jr. Motion to appoint Ashley Davis to the Shreveport-Bossier Convention and Tourist Bureau's Board. Appointment effective January 1, 2018 and expires December 31, 2020. Seconded by Mr. Irwin No comment Vote in favor of motion is unanimous By: Mr. Irwin Motion to approve Parade Permit Fee Waiver for Northwest Louisiana Trail Rider Association All Western Parade, November 18, 2017. Seconded by Mr. Montgomery, Jr. No comment Vote in favor of motion is unanimous By: Mr. Montgomery, Jr. Motion to introduce an Ordinance enacting Section 38-180 of the Bossier City Code of Ordinances entitled Urinating or Defecating in Public Places. Seconded by Mr. Williams No comment Vote in favor of motion is unanimous By: Mr. Harvey Motion to introduce an Ordinance amending Section 6-8 (Drinking in Public Places) of the Bossier City Code of Ordinances to add Section 9. Seconded by Mr. Montgomery, Jr. Council members discussed issue and ask City Attorney questions concerning this item. Members of the audience spoke on issue with some being in favor of Ordinance and some against. Vote in favor of motion as follows: Yeas: Mr. Montgomery, Jr., Mr. Larkin, Mr. Irwin and Mr. Harvey Nays: Mr. Darby, Mr. Williams and Mr. Free Absent: none Abstain: none Motion carried There being no further business to come before this Council, meeting adjourned at 4:22 P.M. by Mr. Darby Respectfully submitted: Phyllis McGraw City Clerk Publish: November 29, 2017 Bossier Press Tribune