Muyni
← Back to Bossier City

City Council

Regular Meeting

Bossier City, LA · February 18, 2020

AgendaMinutes

Minutes

PROCEEDINGS OF THE CITY COUNCIL OF BOSSIER CITY STATE OF LOUISIANA TAKEN AT THE REGULAR MEETING FEBRUARY 18, 2020 The City Council of the City of Bossier City, State of Louisiana, met in regular session in Council Chambers, 620 Benton Road, Bossier City, Louisiana, February 18, 2020, at 3:00 PM Invocation was given by Council Member Scott Irwin Pledge of Allegiance led by Council Member Thomas Harvey Roll Call as follows: Present: Honorable, President Scott Irwin, Honorable Councilors David Montgomery, Jr., Timothy Larkin, Jeffery Darby, Don Williams, Jeff Free and Thomas Harvey Also Present: Mayor, Lorenz Walker, City Attorney, Jimmy Hall and City Clerk, Phyllis McGraw By: Mr. Williams Motion to approve minutes of February 4, 2020, Regular Meeting and dispense with the reading. Seconded by Mr. Harvey No comment Motion carries unanimously By: Mr. Darby Motion to approve Agenda. Seconded by Mr. Free No comment Vote in favor of motion is unanimous Ceremonial Matters/Recognition of Guests- Rebecca Bonnevier, General Manager ASM Global – CenturyLink Center Update – Ms. Bonnevier spoke about the transition from SMG to ASM Global. She spoke about the success of events in 2019, the recent upgrades and improvements to the facility and that 2020 events look to be even stronger than 2019. Committee Reports- Stacie Fernandez, City Finance Director, went over the Monthly Financial Report for month ending January 2020. She noted that the City is 26 employees below budget and that sales taxes are up from this same time last year. Gordon Mosley, Assistant City Attorney, Monthly Property Report. He noted that property purchases are progressing nicely and that the City is still waiting on plans to be approved by D.O.T.D. to continue the Coleman St and Viking Drive Projects. Unfinished Business – The following Ordinance offered and adopted: Ordinance No. 14 Of 2020 AN ORDINANCE REQUIRING A REDUCTION IN RESIDENTIAL SPEED ON WALLER AVENUE, BOSSIER CITY, LA FROM 30 MPH TO 25 MPH WHEREAS, Waller Avenue is used as a cut thru street between Old Minden Road and Barksdale Boulevard causing not only an increase in traffic but in speeding as well; and WHEREAS, sidewalks are not feasible, requiring pedestrians to use the street; and WHEREAS, children wait for the bus and are dropped off by the bus on this street; and WHEREAS, lowering the speed limit on Waller Avenue will assist in creating a safer pedestrian environment; NOW, THEREFORE, BE IT ORDAINED, by the City Council of Bossier City, Louisiana, in regular session convened, that the Bossier City Council does hereby declare that the speed limit on Waller Avenue shall be established at 25mph and posted accordingly. 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. Jeff Free, and adopted on the 18th, day of February, 2020, 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 ____________________________ Scott Irwin, President ____________________________ Phyllis McGraw, City Clerk The following Ordinance offered and adopted: Ordinance No. 15 Of 2020 ADOPT AN ORDINANCE TO PURCHASE ASSET MANAGEMENT SOFTWARE WHICH WILL INCLUDE ONSITE PROFESSIONAL SERVICES FOR CONFIGURATION AND SETUP TO ENSURE SUCCESS WITHIN THE LIFT STATION DIVISION AT A COST OF $25,000.00 TO COME FROM THE SEWER CAPITAL AND CONTINGENCY FUND WHEREAS, the City is recommending replacing the current asset management system in our Lift Station Division with new software to include onsite support throughout the configuration and setup process. WHEREAS, $25,000.00 will come from the Sewer Capital & Contingency Funds. 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 $25,000.00 to come from the Sewer Capital & Contingency Funds to purchase Asset Management Software and professional services for configuration and setup for our Lift Station Division The above and foregoing Ordinance was read in full at open and legal session convened, was on motion of Mr. Don Williams, and seconded by Mr. David Montgomery, Jr., and adopted on the 18th, day of February, 2020, 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 ____________________________ Scott Irwin, President ____________________________ Phyllis McGraw, City Clerk The following Ordinance offered and adopted: ORDINANCE NO. 16 OF 2020 AN ORDINANCE TO AUTHORIZE THE MAYOR TO SIGN A STREET ABANDONMENT PLAT TO ABANDON A SMALL PORTION OF MODICA STREET. WHEREAS; the South Bossier Church of the Nazarene has requested that a small portion of Modica Street be abandoned to make way for a proposed new parking lot; WHEREAS; the portion of Modica Street to be abandoned is shown on the attached Street Abandonment Plat with said plat to be a part of this Ordinance; WHEREAS; this portion of Modica Street was never paved and serves no useful public purpose; NOW, THEREFORE, BE IT ORDAINED, in regular session convened that the Bossier City Council does hereby authorize the Mayor to sign a Street Abandonment Plat to abandon a small portion of Modica Street. BE IT FURTHER ORDAINED, that the Mayor is hereby authorized to sign any and all instruments in connection with the furtherance of this Ordinance. The above and foregoing Ordinance was read in full at open and legal session convened, was on motion of Mr. David Montgomery, Jr. and seconded by Mr. Thomas Harvey, and adopted on the 18th, day of February, 2020, 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 _____________________________________ Scott Irwin, President ______________________________________ Phyllis McGraw, City Clerk The following Ordinance offered and adopted: Ordinance No. 17 Of 2020 AN ORDINANCE TO ACCEPT THE DEDICATION INTO THE CITY STREET SYSTEM THE STREETS WITHIN PLANTATION TRACE GARDEN HOMES UNIT NO. 1 AND UNIT NO. 2 WHEREAS, the City of Bossier City would like to accept the dedication of the streets platted in Exhibit “A” and attached hereto within Plantation Trace Garden Homes Unit No. 1 and Unit No. 2 so they are no longer a private streets; and WHEREAS, the street deterioration within Plantation Trace Garden Homes Unit No. 1 and Unit No. 2 require the City of Bossier to take ownership to facilitate maintenance on said streets; and NOW, THEREFORE, BE IT ORDAINED, by the City Council of Bossier City, Louisiana, in regular session convened, that the Bossier City Council does hereby accept the dedication into the City Street System the streets platted in Exhibit “A” and attached hereto within Plantation Trace Garden Homes Unit No. 1 and Unit No. 2. 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. Timothy Larkin, and adopted on the 18th, day of February, 2020, by the following vote: AYES: Mr. Montgomery, Jr., Mr. Larkin, Mr. Irwin, Mr. Darby, Mr. Free and Mr. Harvey NAYS: Mr. Williams ABSENT: none ABSTAIN: none ____________________________ Scott Irwin, President ____________________________ Phyllis McGraw, City Clerk The following Ordinance offered and adopted: Ordinance No. 18 Of 2020 AN ORDINANCE APPROPRIATING SIX HUNDRED TWENTY THOUSAND AND NO/100 ($620,000.00) FROM THE LAND ACQUISITION FUND TO PURCHASE 30 ACRES OF PROPERTY CONTIGUOUS TO THE BOSSIER CITY WATER PLANT FROM NORTH BOSSIER DEVELOPMENT COMPANY 1100, LLC AND AUTHORIZING MAYOR LORENZ WALKER TO EXECUTE ANY AND ALL DOCUMENTS IN CONJUCTION HEREWITH WHEREAS, the referenced property will provide the City of Bossier City the ability to expand capacity and improve operations as needs for water increase in the City of Bossier City; and WHEREAS, an appraisal of the referenced property was conducted by Robert L. Russell, MAI, SRA, AI-RGS on October 18, 2019; and NOW, THEREFORE, BE IT ORDAINED, by the City Council of Bossier City, Louisiana, in regular session convened, that six hundred twenty thousand and no/100 ($620,000.00) is hereby appropriated from the land acquisition fund to purchase 30 acres of property contiguous to the Bossier City Water Plant from North Bossier Development Company 1100, LLC and authorizing Mayor Lorenz Walker to execute any and all documents in conjunction herewith. 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 18th, day of February, 2020, 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 ____________________________ Scott Irwin, President ____________________________ Phyllis McGraw, City Clerk The following ordinance having been introduced at a duly convened meeting on February 4, 2020, notice of its introduction having been published in the official journal and notice of its introduction having been published, as required by Section 3.14 of the City Charter, was offered for final adoption by Mr. David Montgomery, Jr. and seconded by Mr. Timothy Larkin: SEVENTH SUPPLEMENTAL BOND ORDINANCE NO. 19 OF 2020 A SUPPLEMENTAL BOND ORDINANCE AUTHORIZING THE ISSUANCE OF NOT EXCEEDING EIGHT MILLION DOLLARS ($8,000,000) OF TAXABLE UTILITIES REVENUE BONDS, SERIES 2020, OF THE CITY OF BOSSIER CITY, STATE OF LOUISIANA, IN ACCORDANCE WITH THE TERMS OF THE 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 United States of America, pursuant to the Safe Drinking Water Act Amendments of 1996, specifically Section 300j-12 of Title 42 of the United States Code (the "Federal Act"), is authorized to make capitalization grants to states to be used for the purpose of providing loans or loan guarantees, or as a source of reserve and security for leveraged loans, the proceeds of which are deposited in a state revolving fund, or to provide other financial assistance authorized under the Federal Act to community water systems and nonprofit non-community water systems, other than systems owned by Federal agencies; and WHEREAS, the State of Louisiana (the "State"), pursuant to Chapter 32 of Title 40 of the Louisiana Revised Statutes of 1950, as amended (La. R.S. 40:2821, et seq.) (the "State Act"), has established a Drinking Water Revolving Loan Fund (the "State Revolving Fund") in the custody of the Louisiana Department of Health (the "Department") to be used for the purpose of providing financial assistance for the improvement of public drinking water systems in the State, as more fully described in Section 2825(A)(2) of the State Act, and has authorized the Department’s Office of Public Health to establish assistance priorities and perform oversight and other related activities with respect to the State Revolving Fund; and WHEREAS, the City of Bossier City, State of Louisiana (the "City"), now owns and operates combined waterworks and wastewater systems (collectively, the "System") as a combined revenue-producing work of public improvement; and WHEREAS, the City now desires to construct, acquire, extend and improve the waterworks portion of the System, including equipment and fixtures therefor, and all engineering, legal and other incidental costs and fees incurred in connection therewith (the "Project"), and to finance the costs thereof through the issuance of Taxable Utilities Revenue Bonds of the City payable as to principal and interest from a dedication and pledge of the income and revenues derived or to be derived from the operation of the System pursuant to the provisions of Part XIII, Chapter 4 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 (collectively, the "Act"), as hereinafter provided, and has made application to the Department for a loan from the State Revolving Fund to finance a portion of the costs of the Project; and WHEREAS, in accordance with the requirements of the Act and a Notice of Intention issued on September 4, 2018, this Governing Authority held a public hearing on November 6, 2018, at which public hearing no objections were made to the issuance of the Series 2020 Bonds and no petitions were filed requesting an election thereon; and WHEREAS, on July 6, 2010, this City Council of the City of Bossier City, State of Louisiana (the "Governing Authority") adopted General Bond Ordinance No. 67 of 2010 entitled: "A General Bond Ordinance authorizing the 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; establishing funds and accounts relating to said Bonds; providing for the payment thereof in principal and interest; and providing for other matters in connection therewith" (the "General Bond Ordinance"), which authorizes the issuance of utilities revenue bonds from time to time for the purposes described therein; and WHEREAS, the City currently has outstanding the following bonds payable from a pledge and dedication of the net revenues of the System (collectively, the "Outstanding Parity Bonds"): i. Utilities Revenue Bonds, Series 2010, dated November 1, 2010, issued in the original principal amount of $22,000,000 pursuant to the General Bond Ordinance and the First Supplemental Bond Ordinance No. 89 of 2010 adopted by the Governing Authority on September 21, 2010, as amended and supplemented by Supplemental Resolution No. 44 of 2010 adopted by the Governing Authority on November 2, 2010 (collectively, the "First Supplemental Ordinance"); ii. Utilities Revenue Refunding Bonds, Series 2010, dated December 15, 2010, issued in the original principal amount of $13,500,000 pursuant to Ordinance No. 101 of 2010 adopted by the Governing Authority on October 5, 2010, as amended and supplemented by Resolution No. 47 of 2010 adopted by the Governing Authority on November 16, 2010; iii. Taxable Utilities Revenue Bonds, Series 2014, dated August 28, 2014, issued in the original principal amount of $10,000,000 pursuant to the General Bond Ordinance and the Second Supplemental Bond Ordinance No. 38 of 2014 adopted by the Governing Authority on May 6, 2014 (the "Second Supplemental Ordinance"); iv. Utilities Revenue Bonds, Series 2014, dated August 12, 2014, issued in the original principal amount of $22,000,000 pursuant to the General Bond Ordinance and the Third Supplemental Bond Ordinance No. 56 of 2014 adopted by the Governing Authority on July 15, 2014 (the "Third Supplemental Ordinance"); v. Utilities Revenue Refunding Bonds, Series 2014, dated October 14, 2014, issued in the original principal amount of $114,070,000 pursuant to the General Bond Ordinance and the Fourth Supplemental Bond Ordinance No. 73 of 2014 adopted by the Governing Authority on September 9, 2014 (the "Fourth Supplemental Ordinance"); vi. Taxable Utilities Revenue Bonds, Series 2016, dated June 22, 2016, issued in the original principal amount of $10,000,000 pursuant to the General Bond Ordinance and the Fifth Supplemental Bond Ordinance No. 45 of 2016 adopted by the Governing Authority on May 3, 2016 (the "Fifth Supplemental Ordinance"); vii. Taxable Utilities Revenue Bonds, Series 2017, dated October 27, 2017, issued in the original principal amount of $13,000,000 pursuant to the General Bond Ordinance and the Sixth Supplemental Bond Ordinance No. 108 of 2017 adopted by the Governing Authority on September 5, 2017 (the "Sixth Supplemental Ordinance"); WHEREAS, the General Bond Ordinance, as supplemented and amended by the First Supplemental Ordinance, the Second Supplemental Ordinance, the Third Supplemental Ordinance, the Fourth Supplemental Ordinance, the Fifth Supplemental Ordinance, the Sixth Supplemental Ordinance and this Seventh Bond Supplemental Ordinance (the "Seventh Supplemental Ordinance"), is collectively referred to herein as the "Bond Ordinance," and capitalized terms used but not defined herein shall have the meaning given such terms in the Bond Ordinance; and WHEREAS, the General Bond Ordinance provides that the details of each series of Bonds issued thereunder shall be specified in a supplemental ordinance adopted by the City authorizing the issuance of such series of Bonds, subject to the terms, conditions and limitations established in the General Bond Ordinance; and WHEREAS, pursuant to the Act, it is now the desire of this Governing Authority to authorize the issuance of not exceeding Eight Million Dollars ($8,000,000) of Taxable Utilities Revenue Bonds, Series 2020 of the City (the "Series 2020 Bonds"), in one or more series, for paying costs of the Project as defined herein and paying costs of issuance; and WHEREAS, it is the intent of this Governing Authority that the Series 2020 Bonds be secured by and payable, equally with the Outstanding Parity Bonds, from the Net Revenues of the System, as further described in the Bond Ordinance; and WHEREAS, upon the issuance of the Series 2020 Bonds herein authorized, the City will have no other outstanding bonds or other obligations of any kind or nature payable from or enjoying a lien on the Net Revenues of the System other than the Outstanding Parity Bonds; and WHEREAS, the State Bond Commission approved the issuance of the Series 2020 Bonds at its meeting held on October 18, 2018; NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Bossier City, State of Louisiana, acting as governing authority of the City of Bossier City, State of Louisiana, that: SECTION 1. Amendments to General Bond Ordinance. (a) Amendment of Defined Terms. The following terms as contained in Section 1.01 of the General Bond Ordinance are hereby replaced with the following: "Act" means Part XIII of Chapter 4 of Subtitle II of Title 39 of the Louisiana Revised Statutes of 1950, as amended, Part II of Chapter 4 of Subtitle II of Title 39 of the Louisiana Revised Statutes of 1950, as amended, or any other applicable constitutional and statutory authority. "Department" means, with respect to loans from the Clean Water State Revolving Fund, 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 loans from the Drinking Water Revolving Loan Fund, "Department" means the Louisiana Department of Health, an executive department and agency of the State, and any successor to the duties and functions thereof. "Loan Agreement" means a Loan and Pledge Agreement to be entered into by and between the Department and the City, prior to the delivery of any Bonds that are purchased by the Department, which will contain certain additional agreements relating to such Bonds and the Project, as it may be supplemented or amended from time to time in accordance with the provisions thereof. "System" means the City’s revenue-producing public utility consisted of the combined drinking water and wastewater utility systems lying within and without the boundaries of the City, which shall include specifically all properties of every nature owned by the City 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 part of the System, whether lying within or without the boundaries of the System. (b) Amendment of Section 2.01. Section 2.01 of the General Bond Ordinance is hereby replaced in its entirety with the following: "This General Bond Ordinance authorizes the issuance of indebtedness of the City to be designated "Utilities Revenue Bonds (or Utilities Revenue Refunding Bonds, as the case may be) of the City of Bossier City, State of Louisiana," and provides for the full and final payment of the principal or prepayment price of and interest thereof. The Bonds shall be issued for the purpose of providing funds for the City to construct, acquire, extend or improve any work of public improvement, including but not limited to the System or any portion thereof, including such treatment facilities as may be required, with all necessary equipment and installations therewith, and/or for the purpose of refunding any obligations issues for the same purposes. Proceeds of the Bonds may also be used to pay costs of issuance, costs of credit enhancement, capitalized interest and any initial deposit to the Reserve Fund." SECTION 2. Definitions. In addition to words and terms elsewhere defined in the Bond Ordinance and this Seventh Supplemental Ordinance, the following words and terms as used in this Seventh Supplemental Ordinance shall have the following meanings, unless some other meaning is plainly intended: "Administrative Fee" means the fee due by the City to the Department of one-half of one percent (0.5%) per annum of the outstanding principal amount of the Series 2020 Bonds or such lesser amount, if any, as the Department may approve from time to time, which shall be payable in installments on each Interest Payment Date. "Bond Ordinance" shall have the meaning given such term in the preambles hereto. "Completion Date" means the date on which the operation of the completed Project financed with the proceeds of the Bonds is initiated or capable of being initiated, whichever is earlier, as that date is certified by the Authorized Officer (as defined in the Loan Agreement) of the City, and as more fully described in the Loan Agreement. "Costs of Issuance" means all items of expense, directly or indirectly payable or reimbursable and related to the authorization, sale and issuance of the Series 2020 Bonds, including but not limited to printing costs, costs of preparation and reproduction of documents, official statements, filing and recording fees, initial fees and charges of any fiduciary, legal fees and charges, fees and disbursements of consultants and professionals, costs of credit ratings, fees and charges for preparation, execution, transportation and safekeeping of the Series 2020 Bonds, costs and expenses of refunding, premiums for the insurance of the payment of the Series 2020 Bonds, if any, and any other cost, charge or fee in connection with the original issuance of Series 2020 Bonds. "Delivery Date" means the date on which the Bonds are delivered to the Department, and the first installment of the purchase price therefor is paid by the Department to the City. "Final Loan Installment" means the final disbursement of loan proceeds (Series 2020 Bond proceeds) by the Department to the City under the terms of the Loan Agreement, which installment may be paid no later than 180 days after the Completion Date. "Loan Agreement" means the Loan and Pledge Agreement to be entered into by and between the City and the Department prior to the delivery of the Series 2020 Bonds, in substantially the form attached hereto as Exhibit B, and which will contain certain additional provisions relating to the Series 2020 Bonds and the Project as it may be supplemented or amended from time to time in accordance with the provisions thereof. "Project" means constructing and acquiring improvements and extensions to the waterworks portion of the System, including the payment of the cost of all necessary land, equipment and furnishings, and all engineering, legal and other incidental costs and fees incurred in connection therewith permitted by the Department to be funded with proceeds of the Bonds, or any amendments or changes to the foregoing that may be approved by the Executive Officers of the City and the Department. "Scheduled Completion Date" means the date designated as such in accordance with the provisions of the Loan Agreement, regardless of whether or not such date precedes or follows the Completion Date. "Series 2010 Refunding Bond Ordinance" means, collectively, Ordinance No. 101 of 2010, as supplemented by Resolution No. 47 of 2010, authorizing the issuance of the Utilities Revenue Refunding Bonds, Series 2010. "Series 2020 Bonds" means the Taxable Utilities Revenue Bonds, Series 2020 authorized to be issued pursuant to this Seventh Supplemental Ordinance and particularly by Section 3 hereof. "Seventh Supplemental Ordinance" means this Seventh Supplemental Bond Ordinance authorizing the issuance of the Series 2020 Bonds pursuant to the General Bond Ordinance. "State Loan Fund" means the Louisiana Drinking Water Revolving Loan Fund established by the State of Louisiana pursuant to Chapter 32 of Title 40 of the Louisiana Revised Statutes of 1950, as amended (La. R.S. 40:2821, 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 drinking water systems in the State, as more fully described in La. R.S. 40:2825(A)(2). SECTION 3. Authorization of Series 2020 Bonds. (a) In compliance with and under the authority of the Act, there is hereby authorized the incurring of an indebtedness of not exceeding Eight Million Dollars ($8,000,000) for, on behalf of and in the name of the City, for the purpose of paying a portion of the Costs of the Project and paying Costs of Issuance, and to represent the indebtedness, this Governing Authority does hereby authorize the issuance of not exceeding Eight Million Dollars ($8,000,000) of Taxable Utilities Revenue Bonds, Series 2020, of the City. The Executive Officers may approve a different series designation if the Series 2020 Bonds are delivered after the end of 2020 or if it is in their sole judgment preferable to do so, and in such event, the term "Series 2020 Bonds" as used herein shall be automatically changed to match such series designation. The Series 2020 Bonds shall be dated the Delivery Date thereof, and the exact principal amount of the Series 2020 Bonds, not to exceed Eight Million Dollars ($8,000,000) as stated above, shall be determined by the Executive Officers at the time of delivery of the Bonds. (b) The Series 2020 Bonds shall be Fixed Rate Bonds and the Interest Payment Dates shall be April 1 and October 1 of each year, commencing on the first such date to follow the Delivery Date. Except as hereinafter provided, the unpaid principal of the Series 2020 Bonds shall bear interest from the Delivery Date, or the most recent Interest Payment Date to which interest has been paid or duly provided for, at a rate of one and ninety-five hundredths percent (1.95%) per annum, said interest to be calculated on the basis of a 360-day year, consisting of twelve (12) 30-day months and payable on each Interest Payment Date. Interest on the Series 2020 Bonds on any Interest Payment Date prior to the Final Loan Installment shall be payable only on the aggregate amount of the purchase price which shall have been paid theretofore and is outstanding and shall accrue with respect to each purchase price installment only from the date of payment of such installment. In addition to interest at the rate set forth above, at any time that the Department owns the Series 2020 Bonds, the City will pay the Administrative Fee to the Department on each Interest Payment Date. In the event that (i) the Department owns any Bonds or the Department has pledged or assigned any Series 2020 Bonds in connection with its Drinking Water Revolving 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 2020 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. (c) The Series 2020 Bonds are not being designated as "Build America Bonds" or any similar type of tax-advantaged bonds requiring a designation at this time. (d) The Series 2020 Bonds shall mature in twenty (20) installments of principal, payable annually on each Principal Payment Date and beginning not more than one (1) year after the Completion Date in compliance with the requirements of the Federal Act and the State Act that the first repayment of principal be not more than (1) year after the Completion Date. In no event shall the final maturity of the Series 2020 Bonds be more than twenty-two (22) years from the Delivery Date, and each annual installment shall be the applicable percentage shown on the following table, rounded to the nearest One Thousand Dollars ($1,000), of the outstanding principal amount of the Series 2020 Bonds (taking into account any principal forgiveness) on the day before the applicable Principal Payment Date: Date Percentage Date Percentage (October 1) of Principal (October 1) of Principal 2021 3.934% 2031 8.946% 2022 4.196 2032 10.066 2023 4.487 2033 11.467 2024 4.813 2034 13.270 2025 5.180 2035 15.675 2026 5.597 2036 19.044 2027 6.074 2037 24.100 2028 6.625 2038 32.530 2029 7.269 2039 49.395 2030 8.031 2040 100.00 In the event that the Completion Date of the Project is on or after October 1, 2021, 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. To exercise the option to defer the principal repayment schedule, the City must so notify the Department in writing prior to April 1, 2021, and certify that the Completion Date will not have occurred prior to October 1, 2021. (e) The principal, interest and Administrative Fee on the Series 2020 Bonds shall be payable by check mailed to the registered owner of the Series 2020 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 2020 Bonds shall be made only upon presentation and surrender of the Series 2020 Bonds to the Paying Agent. (f) The principal installments of the Series 2020 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 2020 Bonds, if any, shall continue to mature in installments calculated using the percentages shown in Section 2(d) above. Official notice of such call of the Series 2020 Bonds for prepayment shall be given by means of first class mail, postage prepaid, by notice deposited in the United States Mail not less than twenty (20) days prior to the prepayment date addressed to the registered owner of such Series 2020 Bonds 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. (g) The Series 2020 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 appointment of the chief financial officer of the City as the initial Paying Agent for the Series 2020 Bonds is hereby confirmed. (i) The Series 2020 Bonds are 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 the Series 2020 Bonds shall be delivered to the Department or its agents or assigns, upon receipt by the City of the agreed first advance of the purchase price of the Series 2020 Bonds. It is understood that the purchase price of the Series 2020 Bonds will be paid by the Department to the City in installments, in the manner and under the terms and conditions set forth in the Loan Agreement. (j) The "Reserve Fund Requirement" for the Series 2020 Bonds shall mean one-half of the highest amount of principal, interest and Administrative Fee on the Series 2020 Bonds due in any future Bond Year (taking into consideration any principal forgiveness given by the Department), which shall be deposited by the City in an account in the Reserve Fund to be designated the "Series 2020 Account," and maintained in the Reserve Fund solely to secure the Series 2020 Bonds. The City shall make monthly deposits on or before the 20th day of each month into the Series 2020 Account in the Reserve Fund such that the amount on deposit in the Series 2020 Account of the Reserve Fund will equal the Reserve Fund Requirement not later that the fifth anniversary of the Delivery Date. No changes are made with respect to the required balance in the Contingencies Fund. (k) The parity requirements of the Bond Ordinance and the Series 2010 Refunding Bond Ordinance authorizing the issuance of the Outstanding Parity Bonds, as applicable, will have been met prior to the Delivery Date, and such shall be certified by an independent firm of certified public accountants and the City prior to the Delivery Date. (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 Seventh Supplemental Ordinance, to execute and deliver the Loan Agreement, and to cause the Series 2020 Bonds to be prepared and/or printed, to issue, execute and seal the Series 2020 Bonds and to effect delivery thereof as hereinafter provided. In connection with the issuance and sale of the Series 2020 Bonds, the Executive Officers 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 Seventh Supplemental Ordinance, including a Commitment Agreement. The signatures of said officers on such documents, certificates and instruments shall be conclusive evidence of the due exercise of the authority granted hereunder. After having investigated the regularity of the proceedings had in connection with the issuance of the Series 2020 Bonds, this Governing Authority hereby determines that the same have been in all respects regular, therefore the Series 2020 Bonds shall contain the following recital, to-wit: "It is certified that this bond is authorized by and is issued in conformity with the requirements of the Constitution and statutes of this State." (m) The Series 2020 Bonds are not being designated as "qualified tax-exempt obligations" within the meaning of Section 265(b)(3) of the Code. (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 the Series 2020 Bonds are being purchased solely by the Department. (o) The State Bond Commission approved the issuance of the Series 2020 Bonds at its meeting held on October 18, 2018. (p) The "Scheduled Completion Date" for the Project will be specified by the Executive Officers upon delivery of the Series 2020 Bonds. (q) There will be no Credit Enhancement arrangements with respect to the Series 2020 Bonds. (r) This Governing Authority recognizes that the Series 2020 Bonds will be sold to the Department pursuant to its Drinking Water Revolving Loan Fund Program. In connection with this sale, the City and the Department will enter into a Loan and Pledge Agreement presented by the Department to the City pertaining to the Series 2020 Bonds and the Project, which Loan Agreement will be in substantially the form attached as Exhibit B hereto. The Executive Officers are hereby authorized to execute such Loan Agreement on behalf of and under the seal of the City, in substantially the form attached as Exhibit B hereto, with such changes, additions and deletions as shall in the sole opinion of the Executive Officers, upon advice of counsel, be deemed appropriate under the circumstances. So long as the Department owns any portion of the Series 2020 Bonds, then to the extent that any provision of this Seventh Supplemental Ordinance is inconsistent with or contrary to the Loan Agreement, the applicable provision of the Loan Agreement shall control. As shall be provided in the Loan Agreement, the City shall comply with certain provisions of the Loan Agreement, as specified therein, regardless of whether or not the Department is the Owner and regardless of any prepayment of defeasance of the Series 2020 Bonds prior to their final stated maturity. With the advice of Bond Counsel, the Executive Officers are further authorized and directed to execute on behalf of the City a Commitment Agreement by and between the Department and the City which the Department may require as a prerequisite to the execution of the Loan Agreement, which Commitment Agreement shall be substantially in the form on file with the City Clerk of the City. SECTION 4. Davis-Bacon Wage Rate Requirements. The City agrees that all laborers and mechanics employed by contractors and subcontractors on the Project 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 Project will require that the contractor comply with the aforesaid wage and reporting requirements. SECTION 5. Use of American Iron and Steel Products. In order to comply with the Consolidated Appropriations Act, 2018 (Public Law 115-141) the City agrees that all of the iron and steel products used in the portion of the Project that is funded in whole or in part with the Series 2020 Bonds shall be produced in the United States, subject to the conditions set forth in Section 6.05 of the Loan Agreement. SECTION 6. Parties Interested Herein. Nothing in this Seventh 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 2020 Bonds any right, remedy or claim under or by reason of this Seventh Supplemental Ordinance or any covenant, condition or stipulation thereof; and all the covenants, stipulations, promises and agreements in this Seventh 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 2020 Bonds. SECTION 7. Successors and Assigns. Whenever in this Seventh 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 Seventh Supplemental Ordinance contained by or on behalf of the City shall bind and inure to the benefit of its successors and assigns whether so expressed or not. SECTION 8. Severability. In case any one or more of the provisions of this Seventh Supplemental Ordinance or of the Series 2020 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 Seventh Supplemental Ordinance or of the Series 2020 Bonds, but this Seventh Supplemental Ordinance and the Series 2020 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 Seventh Supplemental Ordinance which validates or makes legal any provision of this Seventh Supplemental Ordinance or the Series 2020 Bonds which would not otherwise be valid or legal shall be deemed to apply to this Seventh Supplemental Ordinance and to the Series 2020 Bonds. SECTION 9. Publication; Peremption. This Seventh Supplemental Ordinance shall be published one time in the official journal of the City. It shall not be necessary to publish the exhibits to this Seventh 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 days after the date of such publication any persons in interest may contest the legality of this Seventh Supplemental Ordinance and any provisions herein made for the security and payment of the Series 2020 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 Seventh Supplemental Ordinance and the provisions hereof or of the Series 2020 Bonds authorized hereby for any cause whatsoever. If no suit, action, or proceeding is begun contesting the validity of the Series 2020 Bonds authorized pursuant to this Seventh Supplemental Ordinance within the thirty days herein prescribed, the authority to issue the Series 2020 Bonds or to provide for the payment thereof, and the legality thereof, and all of the provisions of this Seventh Supplemental Ordinance and such Series 2020 Bonds shall be conclusively presumed, and no court shall have authority or jurisdiction to inquire into any such matter. SECTION 10. Effective Date. This Seventh Supplemental Ordinance shall be in full force and effect ten (10) days from the date of its publication. The above and foregoing Ordinance, read in full at open and legal session convened, was on motion of Mr. David Montgomery, Jr. and seconded by Mr. Timothy Larkin, and adopted on the 18th day of February, 2020 by the following vote: YEAS: Mr. Montgomery, Jr., Mr. Larkin, Mr. Irwin, Mr. Darby, Mr. Williams, Mr. Free and Mr. Harvey NAYS: None. ABSENT: None. ABSTAIN: None. And the Ordinance was declared adopted on this, the 18th day of February, 2020. /s/ Phyllis McGraw /s/ Scott Irwin City Clerk President (Exhibits herein are on file with the Issuer and can be viewed during normal business hours.) New Business – Agenda Item Called: Public Hearing in reference to objection filed by Wayne Hogue, Primo Concessions, protesting the proposed Ordinance regarding the surplus declaration and rental of the Bossier City Civic Center. President Irwin called the hearing to order at 3:31 PM. Mr. Wayne Hogue (address on file) read the Council a statement concerning his concession business at the Civic Center, but no specific objection to the surplus declaration. Comments from Mr. Williams and Mr. Darby addressing Mr. Hogue’s statement were made. (audio and video on file in City Clerks office) President Irwin closed the Public Hearing at 3:45PM. By: Mr. Montgomery, Jr. Motion to introduce an Ordinance restricting access to Bossier City Water and Sewer facilities without prior approval from Manchac Consulting Group, Inc. Seconded by Mr. Williams Mr. Williams and Mr. Montgomery spoke on the need for this Ordinance to be followed for the Safety of the facilities and the Citizens of Bossier City. Vote in favor of motion is unanimous By: Mr. Montgomery, Jr. Motion to introduce an Ordinance to re-appropriate $65,000.00 from the Capital -Auto Equipment Fund originally assigned in Ordinance No. 125 of 2019, to be placed to the Capital - Other Equipment Fund and be used for the ALPR Project extended hardware, warranty, software and support. Seconded by Mr. Williams No comment Vote in favor of motion is unanimous By: Mr. Montgomery, Jr. Motion to introduce an Ordinance to establish the Bossier City Administrative Court under the authorization and provision of LA R.S. 13:2575. Seconded by Mr. Darby No comment Vote in favor of motion is unanimous By: Mr. Montgomery, Jr. Motion to introduce an Ordinance to accept the dedication into the City Street System the streets within Plantation Trace Garden Homes Unit No. 3 and Unit No. 4. Seconded by Mr. Larkin No comment Motion carried with the following vote: Yeas: Mr. Montgomery, Jr., Mr. Larkin, Mr. Irwin, Mr. Darby, Mr. Free and Mr. Harvey Nays: Mr. Williams Absent: none Abstain: none The following Resolution offered and adopted: RESOLUTION 16 Of 2020 A RESOLUTION AUTHORIZING THE HIRING OF A P/T FIELD MAINTENANCE WORKER AND THE PROMOTION OF AN EXISTING P/T FIELD MAINTENANCE WORKER TO RECREATION MAINTENANCE WORKER I FOR NORTH BOSSIER PARK FOR THE PARKS & RECREATION DEPARTMENT WHEREAS, Ordinance No. 21 of 2018 implemented a requirement assuring that the City department budgets not be exceeded by any hiring of any personnel; and WHEREAS, the position of P/T Field Maintenance Worker is vacant due to promotion of an existing P/T Field Maintenance Worker to Recreation Maintenance Worker I due to retirement, resignation or termination; and WHEREAS, the administration and the department assures that all current budgets have been verified and that no authorized salary has been exceeded; and NOW, THEREFORE, BE IT RESOLVED by the City Council of Bossier City, Louisiana, in regular session convened, that the administration is authorized to proceed with hiring procedures for the fulfillment of this position. The above and foregoing Resolution was read in full at open and legal session convened, was on motion of Mr. Don Williams, and seconded by Mr. David Montgomery, Jr., and adopted on the 18th, day of February, 2020, by the following vote: YEAS: Mr. Montgomery, Jr., Mr. Larkin, Mr. Irwin, Mr. Darby, Mr. Williams, Mr. Free and Mr. Harvey NAYS: none ABSENT: none ABSTAIN: none ____________________________ Scott Irwin, President ___________________________ Phyllis McGraw, City Clerk The following Resolution offered and adopted: RESOLUTION NO. 17 OF 2020 A RESOLUTION AUTHORIZING THE HIRING OF A MECHANIC II IN THE GARAGE ACCORDING TO THE 2020 BUDGET. _________________________________________________________________ WHEREAS, the 2020 Budget allows for another employee to be hired in the garage; and WHEREAS, a mechanic II position needs to be fulfilled; and NOW, THEREFORE, BE IT RESOLVED by the City Council of Bossier City, Louisiana, in regular session convened, does hereby authorize that a Mechanic II position in the garage be fulfilled due to the 2020 Budget allocation. 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 the 18th, day of February, 2020, by the following vote: YEAS: Mr. Montgomery, Jr., Mr. Larkin, Mr. Irwin, Mr. Darby, Mr. Williams, Mr. Free and Mr. Harvey NAYS: none ABSENT: none ABSTAIN: none ____________________________ Scott Irwin, President __________________________________________________ Phyllis McGraw, City Clerk The following Resolution offered and adopted: RESOLUTION 18 Of 2020 A RESOLUTION AUTHORIZING THE HIRING OF A RECREATION MAINTENANCE WORKER II FOR THE PARKS & RECREATION DEPARTMENT WHEREAS, Ordinance No. 21 of 2018 implemented a requirement assuring that the City department budgets not be exceeded by any hiring of any personnel; and WHEREAS, the position of a Recreation Maintenance Worker II is vacant due to retirement, resignation or termination; and WHEREAS, the administration and the department assures that all current budgets have been verified and that no authorized salary has been exceeded; and NOW, THEREFORE, BE IT RESOLVED by the City Council of Bossier City, Louisiana, in regular session convened, that the administration is authorized to proceed with hiring procedures for the fulfillment of this position. 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 the 18th, day of February, 2020, by the following vote: YEAS: Mr. Montgomery, Jr., Mr. Larkin, Mr. Irwin, Mr. Darby, Mr. Williams, Mr. Free and Mr. Harvey NAYS: none ABSENT: none ABSTAIN: none ____________________________ Scott Irwin, President ___________________________ Phyllis McGraw, City Clerk By: Mr. Montgomery, Jr. Motion to approve Report of Change Order for the Sewer-Sub Basin BC-10 Phase 2 Project an increase of $62,098.74. Total cost of contract with Change Order $475,737.27. Seconded by Mr. Larkin No comment Vote in favor of motion is unanimous Agenda Item called Approve Parade Permit Fee Waivers: Eastwood/Stockwell Stallion Sprint- Saturday February 22, 2020 has been removed at the request of Bossier Police Department. By: Mr. Darby Motion to approve Parade Permit Fee Waivers for the following: A. Krewe of Barkus & Meoux - Saturday, February 9, 2020 B. Sun City Elementary Mardi Gras Parade - Friday, February 21, 2020 Seconded by Mr. Free No comment Vote in favor of motion is unanimous There being no further business to come before this Council, meeting adjourned at 3:51 PM by Mr. Irwin Respectfully submitted: Phyllis McGraw City Clerk Publish: February 26, 2020 Bossier Press Tribune

Agenda

AGENDA Regular Council Meeting 3:00 PM - Tuesday, February 18, 2020 City Council Chambers, Bossier City Hall 620 Benton Road, Bossier City, Louisiana I. CALL TO ORDER II. INVOCATION BY: COUNCIL MEMBER SCOTT IRWIN III. PLEDGE OF ALLEGIANCE BY COUNCIL MEMBER THOMAS HARVEY IV. ROLL CALL V. APPROVE MINUTES 1. Approve minutes of the February 4, 2020 Regular Meeting and dispense with the reading. VI. APPROVE AGENDA VII. CEREMONIAL MATTERS/RECOGNITION OF GUESTS 1. Rebecca Bonnevier, General Manager ASM Global - CenturyLink Center Update VIII. COMMITTEE REPORTS 1. Stacie Fernandez, City Finance Director - Monthly Finance Report 2. Gordon Mosley, Assistant City Attorney - Monthly Property Report IX. UNFINISHED BUSINESS 1. Adopt an Ordinance requiring a reduction in residential speed on Waller Ave., Bossier City, LA from 30 MPH to 25 MPH. (Final Reading) (Williams) 2. Adopt an Ordinance to purchase Asset Management Software which will include onsite Professional Services for configuration and setup to ensure success within the Lift Station Division at a cost of $25,000.00 to come from the Sewer Capital and Contingency Fund. (Final Reading) (Glorioso) 3. Adopt an Ordinance to authorize the Mayor to sign a Street Abandonment Plat, to abandon a small portion of Modica Street. (Final Reading) (Hudson) 4. Adopt an Ordinance to accept the dedication into the city Street System the streets within Plantation Trace Garden Homes Unit No. 1 and Unit No. 2. (Final Reading) (Irwin) 5. Adopt an Ordinance appropriating six hundred twenty thousand and No/100 ($620,000.00) from the Land Acquisition Fund to purchase 30 acres of property contiguous to the Bossier City Water Plant from North Bossier Development Company 1100, LLC and authorizing Mayor Lorenz Walker to execute any and all documents in conjunction herewith. (Final Reading) (Hall) 6. Adopt a Supplemental Bond Ordinance authorizing the issuance of not exceeding Eight Million Dollars ($8,000,000) of taxable Utilities Revenue Bonds, Series 2020, of the City of Bossier City, State of Louisiana, in accordance with the terms of the 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. Public Hearing in reference to objection filed by Wayne Hogue, Primo Concessions, protesting the proposed Ordinance regarding the surplus declaration and rental of the Bossier City Civic Center. 2. Introduce an Ordinance restricting access to Bossier City Water and Sewer facilities without prior approval from Manchac Consulting Group, Inc. (First Reading) (Montgomery, Jr.) 3. Introduce an Ordinance to re-appropriate $65,000.00 from the Capital - Auto Equipment Fund originally assigned in Ordinance No. 125 of 2019, to be placed to the Capital - Other Equipment Fund and be used for the ALPR Project extended hardware, warranty, software and support. (First Reading) (McWilliams) 4. Introduce an Ordinance to establish the Bossier City Administrative Court under the authorization and provision of LA R.S. 13:2575. (First Reading) (Mosley) 5. Introduce an Ordinance to accept the dedication into the City Street System the streets within Plantation Trace Garden Homes Unit No. 3 and Unit No. 4. (First Reading) (Irwin) 6. Adopt a Resolution authorizing the hiring of a P/T Field Maintenance Worker and the promotion of an existing P/T Field Maintenance Worker to Recreation Maintenance Worker I for North Bossier Park for Parks & Recreation. (First and Final Reading) (Bohanan) 7. Adopt a Resolution authorizing the hiring of a mechanic II in the Garage according to the 2020 Budget. (First and Final Reading) (Oar) 8. Adopt a Resolution authorizing the hiring of a Recreation Maintenance Worker II for Parks & Recreation. (First and Final Reading) (Bohanan) 9. Approve Report of Change Order for the Sewer-Sub Basin BC-10 Phase 2 Project an increase of $62,098.74. Total cost of contract with Change Order $475,737.27. 10. Approve Parade Permit Fee Waivers for the following: A. Krewe of Barkus & Meoux - Saturday, February 9, 2020 B. Eastwood/Stockwell Stallion Sprint - Saturday, February 22, 2020 C. Sun City Elementary Mardi Gras Parade - Friday, February 21, 2020 XI. ANNOUNCEMENTS XII. ADJOURN

Get email alerts for Bossier City

A daily email when new agendas and minutes are posted.

Report an issue with this meeting