City Council
Regular MeetingBossier City, LA · May 4, 2021
Minutes
PROCEEDINGS OF THE CITY COUNCIL OF BOSSIER CITY
STATE OF LOUISIANA TAKEN AT A REGULAR MEETING
MAY 4, 2021
The City Council of the City of Bossier City, State of Louisiana, met in Regular session
in Council Chambers, 620 Benton Road, Bossier City, Louisiana, May 4, 2021 at 3:00 PM
Invocation was given by Council Member Jeffery Darby
Pledge of Allegiance led by Council Member Don Williams
Roll Call as follows:
Present: Honorable, President David Montgomery, Jr., Honorable Councilors Scott Irwin, Jeffery
Darby, Don Williams, Jeff Free and Thomas Harvey
Absent: Honorable Councilor Timothy Larkin
Also Present: Mayor, Lorenz Walker, City Attorney, Jimmy Hall and City Clerk, Phyllis
McGraw
By: Mr. Irwin
Motion to approve Minutes of the April 20, 2021, Regular Meeting and dispense with the
reading
Seconded by Mr. Williams
No comment
Vote in favor of motion is unanimous
Mr. Larkin entered meeting at 3:03PM
By: Mr. Darby
Motion to delete item #5 under new business – the Ordinance restricting emanation of
excessive sound or noise from motorcycles and vehicles and approve as amended.
Seconded by Mr. Williams
Jac Lindsey – 1909 Ray, Bossier City, LA – asked if it would be added back at a later date. Mr.
Darby not at this time.
Tara Jackson – 2316 Douglas, Bossier City, LA – concerned about the loud music and tired of
having to call the police. Mayor Walker and Councilors pointed out police chief and encouraged
her to continue to call police and her Council representative and hopefully they can work on a
plan to combat the problem.
No comment
Vote in favor of motion is unanimous
Bids –
Agenda Item Called - Witness opening of sealed bids for Bid#P20-1782 2504 Northside Dr.
Demolition of dilapidated structure.
3Gen Construction, LLC $10,499.00
Lathan Construction, LLC $18,180.00
Lou Chandler, Inc. $12,500.00
By: Mr. Williams
Motion to approve reading of bids.
Seconded by Mr. Larkin
No comment
Vote in favor of motion is unanimous
Agenda Item called – Witness opening of sealed bids for Bid #P21-04 WOB Carriageway
Project Phase II
Boh Bros. Construction $49,379,580.65
Gilchrist Construction Company, LLC $48,860,019.10
James Construction Group, LLC $38,312,192.43
JB James Construction, LLC $37,596,946.78
OCCI, Inc. Non-Responsive
By: Mr. Williams
Motion to approve reading of bids.
Seconded by Mr. Irwin
No comment
Vote in favor of motion is unanimous
Unfinished Business –
The following Ordinance offered and adopted:
ORDINANCE NO. 44 OF 2021
AN ORDINANCE TO ENLARGE THE LIMITS AND BOUNDARIES OF THE CITY
OF BOSSIER CITY BY ANNEXING APROXIMATELY 258.299 ACRES LOCATED IN THE
SOUTH HALF OF SECTION 10 AND IN THE SOUTHWEST QUARTER OF SECTION 11,
TOWNSHIP 18 NORTH, RANGE 13 WEST, BOSSIER PARISH, LOUISIANA.
(RESIDENTIAL AGRICULTURE)
WHEREAS, a petition signed by the property owner has been filed with the City Council
of the City of Bossier City, requesting that the property described in Exhibit “A”, attached and
made a part hereof, be included in the City Limits of the City of Bossier City Parish of Bossier,
Louisiana, subject to the conditions set forth herein.
NOW, THEREFORE, BE IT ORDAINED, by the City Council of the City of Bossier
City, in regular session convened, that the limits and boundaries of the City of Bossier City are
hereby enlarged and extended so as to include with the limits and boundaries of the City of Bossier
City, the property described in Exhibit “A”.
BE IT FURTHER ORDAINED that Exhibit “B” regarding “Detention Language” is
attached hereto and made a part thereof.
BE IT FURTHER ORDAINED that the above referenced annexed area shall be in
Council District Number 5 of the City of Bossier City, Louisiana.
BE IT FURTHER ORDAINED, that all Ordinances, or parts of Ordinances, in conflict
herewith are hereby repealed.
The above and foregoing Ordinance, read in full at open and legal session convened, was
on motion of Mr. Thomas Harvey, seconded by Mr. Jeff Free, and adopted on this the 4th day of
May, 2021 by the following vote:
AYES: Mr. Montgomery, Jr., Mr. Larkin, Mr. Irwin, Mr. Darby, Mr. Williams, Mr. Free and Mr.
Harvey
NAYES: none
ABSENT: none
ABSTAIN: none
____________________________
David Montgomery, Jr., President
____________________________
Phyllis McGraw, City Clerk
The following ordinance having been introduced at a duly convened meeting on April 6,
2021, 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. Williams and seconded by Mr. Free:
EIGHTH SUPPLEMENTAL BOND ORDINANCE
NO. 45 OF 2021
A SUPPLEMENTAL BOND ORDINANCE AUTHORIZING THE
ISSUANCE AND DELIVERY OF ONE HUNDRED TWENTY-FOUR
MILLION ONE HUNDRED FIFTEEN THOUSAND DOLLARS
($124,115,000) OF TAXABLE UTILITIES REVENUE REFUNDING
BONDS, SERIES 2021, 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 City of Bossier City, State of Louisiana (the "City"), now owns and
operates combined waterworks and wastewater systems (collectively, the "System") as a revenue-
producing work of public improvement; 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 and
utilities revenue refunding 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:
i. Utilities Revenue Bonds, Series 2010 (the "Series 2010 Bonds"), dated November
10, 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 (the "Series 2010 Refunding
Bonds"), 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 (the "Taxable Series 2014 Bonds"),
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 (the "Series 2014 Bonds"), 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 (the "Series 2014 Refunding
Bonds"), 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 (the "Series 2016 Bonds"), 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 (the "Series 2017 Bonds"), 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");
viii. Taxable Utilities Revenue Bonds, Series 2020 (the "Series 2020 Bonds"), dated
April 1, 2020, issued in the original principal amount of $8,000,000 pursuant to the
General Bond Ordinance and the Seventh Supplemental Bond Ordinance No. 19 of
2020 adopted by the Governing Authority on February 18, 2020 (the "Seventh
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, the Seventh Supplemental Ordinance and this Eighth Supplemental
Bond Ordinance (the "Eighth 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, the City has found and determined that the refunding of $17,305,000 of the
Series 2014 Bonds, consisting of those Series 2014 Bonds maturing October 1, 2029, October 1,
2034, October 1, 2039, and October 1, 2043, and $90,715,000 of the Series 2014 Refunding
Bonds, consisting of those Series 2014 Refunding Bonds maturing October 1, 2025, to October
1, 2038, inclusive (such Series 2014 Bonds and Series 2014 Refunding Bonds being refunded are
hereinafter referred to collectively as the "Refunded Bonds"), would be financially advantageous
to the City; and
WHEREAS, this Governing Authority adopted Ordinance No. 27 of 2021 on March 16,
2021, authorizing the issuance and sale of not exceeding One Hundred Thirty Million Dollars
($130,000,000) of Taxable Utilities Revenue Refunding Bonds, Series 2021 of the City and
authorizing and directing the Mayor of the City to execute a Bond Purchase Agreement to
memorialize the terms of the sale thereof; and
WHEREAS, pursuant to the terms of Ordinance No. 27 of 2021, the Mayor of the City
has agreed to the sale of $124,115,000 of Taxable Utilities Revenue Refunding Bonds, Series
2021 of the City (the "Series 2021 Refunding Bonds") and has executed the Bond Purchase
Agreement as authorized, a copy of which is attached hereto as Exhibit A; and
WHEREAS, the Series 2021 Refunding Bonds being determined to be within the
parameters permitted by Ordinance No. 27 of 2021, it is now the desire of this Governing
Authority to adopt this Eighth Supplemental Ordinance to confirm the sale and provide for the
issuance and delivery of the Series 2021 Refunding Bonds for the purpose of (i) refunding the
Refunded Bonds, (ii) paying the cost of a reserve fund surety and (iii) paying the costs of
issuance of the Series 2021 Refunding Bonds; and
WHEREAS, after the issuance and delivery of the Series 2021 Refunding Bonds, the
City will have no outstanding bonds or other obligations of any kind or nature payable from or
enjoying a lien on the Net Revenues (as defined in the Bond Ordinance) of the System, except its
(i) Series 2010 Bonds, (ii) Series 2010 Refunding Bonds, (iii) unrefunded Series 2014 Bonds,
(iv) unrefunded Series 2014 Refunding Bonds, (v) Taxable Series 2014 Bonds, (vi) Series 2016
Bonds, (vii) Series 2017 Bonds and (viii) Series 2020 Bonds (collectively, the "Outstanding
Parity Bonds"); and
WHEREAS, it is necessary that this Governing Authority prescribe the form and content
of Defeasance and Escrow Deposit Agreement providing for the payment of the principal and
interest of the Refunded Bonds and authorize the execution thereof as hereinafter provided; and
WHEREAS, it is necessary that this Governing Authority provide for other terms and
conditions of the Series 2021 Refunding Bonds, including the use of the proceeds thereof, and
authorize agreements in connection therewith;
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. Definitions. In addition to words and terms elsewhere defined in the Bond
Ordinance and this Eighth Supplemental Ordinance, the following words and terms as used in this
Eighth Supplemental Ordinance shall have the following meanings, unless some other meaning is
plainly intended:
"Act" means Part II of Chapter 4 of Subtitle II of Title 39 of the Louisiana Revised
Statutes of 1950, as amended, and other constitutional and statutory authority.
"Bond Obligation" means, as of the date of computation, the principal amount of the
Series 2021 Refunding Bonds then Outstanding.
"Bond Ordinance" shall have the meaning given such term in the preambles hereto.
"Bond Purchase Agreement" means the agreement for the purchase and sale of the
Series 2021 Refunding Bonds by and between the City and the Underwriter, attached hereto as
Exhibit A.
"Business Day" means a day of the year other than a day on which banks located in New
York, New York and the cities in which the designated offices of the Escrow Agent and the
Paying Agent are located are required or authorized to remain closed and on which the New
York Stock Exchange is closed.
"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 2021 Refunding
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, initial fees of the
Paying Agent, costs of credit ratings, fees and charges for preparation, execution, transportation
and safekeeping of the Series 2021 Refunding Bonds, costs and expenses of refunding, premiums
for the insurance of the payment of the Series 2021 Refunding Bonds, if any, and any other cost,
charge or fee in connection with the original issuance of the Series 2021 Refunding Bonds.
"Delivery Date" means the date on which the Series 2021 Refunding Bonds are
delivered to the Underwriter in exchange for payment therefor, which is expected to be May 13,
2021.
"Eighth Supplemental Ordinance" means this Eighth Supplemental Bond Ordinance
authorizing the issuance of the Series 2021 Refunding Bonds pursuant to the General Bond
Ordinance.
"Escrow Agent" means Hancock Whitney Bank, in the City of Baton Rouge, Louisiana,
and its successor or successors, and any other Person which may at any time be substituted in its
place pursuant to this Eighth Supplemental Ordinance.
"Escrow Agreement" means the Defeasance and Escrow Deposit Agreement dated as the
date of delivery, between the Issuer and the Escrow Agent, substantially in the form attached hereto
as Exhibit F, as the same may be amended from time to time, the terms of which Escrow
Agreement are incorporated herein by reference.
"Government Securities" means direct general obligations of, or obligations the principal
of and interest on which are unconditionally guaranteed by, the United States of America, which
may be United States Treasury Obligations such as the State and Local Government Series and
may be in book-entry form.
"Interest Payment Date" means April 1 and October 1 of each year, commencing
October 1, 2021.
"Outstanding Parity Bonds" shall have the meaning given such term in the preambles
hereto.
"Paying Agent" means Hancock Whitney Bank, in the City of Baton Rouge, Louisiana,
as paying agent and registrar hereunder, unless and until a successor Paying Agent shall have
become such pursuant to the applicable provisions of this Eighth Supplemental Ordinance, and
thereafter "Paying Agent" shall mean such successor Paying Agent.
"Record Date" shall mean, with respect to an Interest Payment Date, the fifteenth day of
the calendar month next preceding such Interest Payment Date, whether or not such day is a
Business Day.
"Refunded Bonds" means, collectively, the Series 2014 Bonds maturing October 1,
2029, October 1, 2034, October 1, 2039, and October 1, 2043, and the Series 2014 Refunding
Bonds maturing October 1, 2025, to October 1, 2038, inclusive, which are being refunded by the
Series 2021 Refunding Bonds, as more fully described in Exhibit B hereto.
"Reserve Fund Insurance Policy" means the Municipal Bond Debt Service Reserve
Insurance Policy, and any endorsement thereto, issued by the Reserve Insurer, under which
claims may be made in order to provide moneys in the Series 2021 Refunding Bonds Account
available for the purposes thereof.
"Reserve Fund Requirement" with respect to the Series 2021 Refunding Bonds, means,
as of any date of calculation, a sum equal to the lesser of (i) 10% of the proceeds of the Series
2021 Refunding Bonds, (ii) the highest combined principal and interest requirements for any
succeeding Bond Year on the Series 2021 Refunding Bonds, or (iii) 125% of the average
aggregate amount of principal installments and interest becoming due in any Bond Year on the
Series 2021 Refunding Bonds.
"Reserve Insurer" means, with respect to the Series 2021 Refunding Bonds, Build
America Mutual Assurance Company, or any successor thereto.
"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 2021 Refunding Bond" or "Series 2021 Refunding Bonds" means any or all of
the Taxable Utilities Revenue Refunding Bonds, Series 2021 of the City, issued pursuant to this
Eighth Supplemental Ordinance, whether initially delivered or issued in exchange for, upon
transfer of, or in lieu of any previously issued Bond.
"Series 2021 Refunding Bonds Account" means the account of such name created in
Section 2(j) hereof.
"Underwriter" means Stifel, Nicolaus & Company Incorporated, in Baton Rouge,
Louisiana, the original purchaser of the Series 2021 Refunding Bonds.
SECTION 2. Details of the Series 2021 Refunding Bonds. (a) In compliance with and
under the authority of the Act, there is hereby authorized the incurring of an indebtedness
of One Hundred Twenty-Four Million One Hundred Fifteen Thousand Dollars
($124,115,000) for, on behalf of and in the name of the City, for the purpose of (i) refunding
the Refunded Bonds through the escrow of a portion of the proceeds of the Series 2021
Refunding Bonds, together with additional moneys provided by the City, in order to provide
for the payment of the principal of and interest on the Refunded Bonds as they mature or
upon earlier redemption as provided in Section 2(f) hereof, (ii) paying the cost of a reserve
fund surety and (iii) paying the Costs of Issuance of the Series 2021 Refunding Bonds, and
to represent said indebtedness, this Governing Authority does hereby authorize the issuance
of One Hundred Twenty-Four Million One Hundred Fifteen Thousand Dollars
($124,115,000) of Taxable Utilities Revenue Refunding Bonds, Series 2021, of the City. The
Executive Officers may approve a different series designation if the Series 2021 Refunding
Bonds are delivered after the end of 2021 or if it is in their sole judgment preferable to do so,
and in such event, the term "Series 2021 Refunding Bonds" as used herein shall be
automatically changed to match such series designation. The Series 2021 Refunding Bonds
shall be dated the Delivery Date thereof.
(b) The Series 2021 Refunding Bonds shall be Fixed Rate Bonds and the Interest
Payment Dates shall be April 1 and October 1 of each year, commencing on October 1, 2021.
The unpaid principal of the Series 2021 Refunding Bonds shall bear interest at the rates set
forth in the Bond Purchase Agreement.
(c) The Series 2021 Refunding 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 2021 Refunding Bonds shall mature as set forth in the Bond
Purchase Agreement.
(e) The principal of the Series 2021 Refunding Bonds, upon maturity or
redemption, shall be payable at the designated office of the Paying Agent, upon presentation
and surrender thereof, and interest on the Series 2021 Refunding Bonds will be payable by
check mailed by the Paying Agent to the Owner (determined as of the Record Date) at the
address shown on the Bond Register. Each Series 2021 Refunding Bond delivered under this
Eighth Supplemental Ordinance upon transfer or in exchange for or in lieu of any other
Series 2021 Refunding Bond shall carry all the rights to interest accrued and unpaid, and to
accrue, which were carried by such other Series 2021 Refunding Bond, and each such Series
2021 Refunding Bond shall bear interest (as herein set forth) so that neither gain nor loss in
interest shall result from such transfer, exchange or substitution. No Series 2021 Refunding
Bond shall be entitled to any right or benefit under this Eighth Supplemental Ordinance, or
be valid or obligatory for any purpose, unless there appears on such Series 2021 Refunding
Bond a certificate of registration, substantially in the form provided in this Eighth
Supplemental Ordinance, executed by the Paying Agent by manual signature.
The person in whose name any Series 2021 Refunding Bond is registered at the close of
business on the Record Date with respect to an Interest Payment Date shall in all cases be
entitled to receive the interest payable on such Interest Payment Date notwithstanding the
cancellation of such Series 2021 Refunding Bond upon any registration of transfer or exchange
thereof subsequent to such Record Date and prior to such Interest Payment Date.
During any period after the initial delivery of the Series 2021 Refunding Bonds in book-
entry-only form when the Series 2021 Refunding Bonds are delivered in multiple certificates
form, upon request of a registered owner of at least $1,000,000 in principal amounts of Series
2021 Refunding Bonds outstanding, all payments of principal and interest on the Series 2021
Refunding Bonds will be paid by wire transfer in immediately available funds to an account
designated by such registered owner; CUSIP number identification with appropriate dollar
amounts for each CUSIP number must accompany all payments of principal and interest,
whether by check or by wire transfer.
(f) The Series 2021 Refunding Bonds maturing on October 1, 2032, and
thereafter, shall be callable for redemption by the City in full or in part at any time on or
after October 1, 2031, and if less than a full maturity, then by lot within such maturity, at
the principal amount thereof, plus accrued interest from the most recent Interest Payment
Date to which interest has been paid or duly provided for. The Series 2021 Refunding Bonds
are not required to be redeemed in inverse order of maturity.
If the Series 2021 Refunding Bonds are to be redeemed only in part, then the Series 2021
Refunding Bonds shall be surrendered at the designated corporate trust office of the Paying
Agent and such partial redemption shall be noted thereon, or there shall be delivered to the
Owner of such Series 2021 Refunding Bond a Series 2021 Refunding Bond or Bonds of the same
maturity and of any authorized denomination or denominations as requested by such Owner in
aggregate principal amount equal to and in exchange for the unredeemed portion of the principal
of the Series 2021 Refunding Bond so surrendered. In the event the Series 2021 Refunding
Bonds to be redeemed are of a denomination larger than $5,000, a portion of such Series 2021
Refunding Bonds ($5,000 or any multiple thereof) may be redeemed.
Official notice of such call of the Series 2021 Refunding Bonds for redemption
shall be given in the manner provided in the Bond Ordinance.
(g) The Series 2021 Refunding Bonds shall be issued in fully registered form,
numbered R-1 upwards, and shall be in substantially the form attached hereto as Exhibit D.
(h) The appointment of Hancock Whitney Bank, Baton Rouge, Louisiana, as the
initial Paying Agent for the Series 2021 Refunding Bonds is hereby confirmed.
(i) The sale of the Series 2021 Refunding Bonds has met the parameters set forth
in Ordinance No. 27 of 2021, and accordingly the issuance and delivery of the Series 2021
Refunding Bonds are hereby approved, the terms of the Series 2021 Refunding Bonds
contained in the Bond Purchase Agreement are incorporated herein, and the Bond Purchase
Agreement is hereby recognized and accepted as executed and attached as Exhibit A hereto.
(j) There is hereby created in the Reserve Fund the "Series 2021 Refunding
Bonds Account", to be maintained as a separate account in the Reserve Fund solely to secure
the Series 2021 Refunding Bonds and funded to the Reserve Fund Requirement. In lieu of
an initial deposit into the Series 2021 Refunding Bonds Account, the City shall cause to be
deposited into the Series 2021 Refunding Bonds Account the Reserve Fund Insurance Policy
issued by the Reserve Insurer in an amount equal to the Reserve Fund Requirement. The
provisions contained in Exhibit C hereto are incorporated herein as if fully set forth herein.
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.
(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 Eighth Supplemental Ordinance, to cause the Series 2021
Refunding Bonds to be prepared and/or printed, to issue, execute and seal the Series 2021
Refunding Bonds and to effect delivery thereof as hereinafter provided. In connection with
the issuance and sale of the Series 2021 Refunding Bonds, the Executive Officers 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 Eighth Supplemental
Ordinance. 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 2021 Refunding Bonds, this Governing Authority hereby determines that the same
have been in all respects regular, therefore the Series 2021 Refunding Bonds shall contain
the following recital, to-wit:
"It is certified that this indebtedness is authorized by and is issued in conformity
with the requirements of the Constitution and statutes of Louisiana."
(m) The Series 2021 Refunding Bonds are not being designated as "qualified tax-
exempt obligations" within the meaning of Section 265(b)(3) of the Code.
(n) The Executive Officers are hereby empowered and directed to execute an
appropriate Continuing Disclosure Certificate (substantially in the form set forth in the
Official Statement authorized pursuant to Section 15 hereof) pursuant to S.E.C. Rule 15c2-
12(b)(5).
(o) The State Bond Commission approved the issuance of the Series 2021
Refunding Bonds at its meeting held on April 16, 2020.
(p) [Reserved].
(q) The scheduled payment of principal of and interest on the Series 2021
Refunding Bonds when due will be guaranteed by the Municipal Bond Insurance Policy
issued by Build America Mutual Assurance Company, and the provisions contained in
Exhibit F hereto are hereby adopted and incorporated herein as if fully set forth herein. This
Governing Authority hereby makes the findings required by Section 505 of Title 39 of the
Louisiana Revised Statutes of 1950, as amended, of the benefit from entering into the
contract with Build America Mutual Assurance Company for the Municipal Bond Insurance
Policy. The Executive Officers are hereby authorized and directed to execute the Municipal
Bond Insurance Policy for and on behalf of the Issuer, the signatures of said officers on such
Policy to be conclusive evidence of the due exercise of the authority granted hereunder.
SECTION 3. Book Entry Registration of Series 2021 Refunding Bonds. The Series 2021
Refunding Bonds shall be initially issued in the name of Cede & Co., as nominee for The
Depository Trust Company ("DTC"), as registered owner of the Series 2021 Refunding Bonds,
and held in the custody of DTC. The Secretary of the Governing Authority or any other officer of
the City is authorized to execute and deliver a Letter of Representation to DTC on behalf of the
City with respect to the issuance of the Series 2021 Refunding Bonds in "book-entry only" format.
The Paying Agent is hereby directed to execute said Letter of Representation. The terms and
provisions of said Letter of Representation shall govern in the event of any inconsistency between
the provisions of this Eighth Supplemental Ordinance and said Letter of Representation. Initially,
a single certificate will be issued and delivered to DTC for each maturity of the Series 2021
Refunding Bonds. The Beneficial Owners will not receive physical delivery of Series 2021
Refunding Bond certificates except as provided herein. Beneficial Owners are expected to receive
a written confirmation of their purchase providing details of each Series 2021 Refunding Bond
acquired. For so long as DTC shall continue to serve as securities depository for the Series 2021
Refunding Bonds as provided herein, all transfers of beneficial ownership interest will be made by
book-entry only, and no investor or other party purchasing, selling or otherwise transferring
beneficial ownership of Series 2021 Refunding Bonds is to receive, hold or deliver any Series 2021
Refunding Bond certificate.
Notwithstanding anything to the contrary herein, while the Series 2021 Refunding Bonds
are issued in book-entry-only form, the payment of principal of, premium, if any, and interest on
the Series 2021 Refunding Bonds may be payable by the Paying Agent by wire transfer to DTC
in accordance with the Letter of Representation.
For every transfer and exchange of the Series 2021 Refunding Bonds, the Beneficial
Owner may be charged a sum sufficient to cover such Beneficial Owner's allocable share of any
tax, fee or other governmental charge that may be imposed in relation thereto.
Series 2021 Refunding Bond certificates are required to be delivered to and registered in
the name of the Beneficial Owner under the following circumstances:
(a) DTC determines to discontinue providing its service with respect to the Series
2021 Refunding Bonds. Such a determination may be made at any time by giving
30 days' notice to the City and the Paying Agent and discharging its
responsibilities with respect thereto under applicable law; or
(b) The City determines that continuation of the system of book-entry transfer
through DTC (or a successor securities depository) is not in the best interests of
the City and/or the Beneficial Owners.
The City and the Paying Agent will recognize DTC or its nominee as the Bondholder for
all purposes, including notices and voting.
Neither the City or the Paying Agent are responsible for the performance by DTC of any
of its obligations, including, without limitation, the payment of moneys received by DTC, the
forwarding of notices received by DTC or the giving of any consent or proxy in lieu of consent.
Whenever during the term of the Series 2021 Refunding Bonds the beneficial ownership
thereof is determined by a book entry at DTC, the requirements of this Eighth Supplemental
Ordinance of holding, delivering or transferring the Series 2021 Refunding Bonds shall be
deemed modified to require the appropriate person to meet the requirements of DTC as to
registering or transferring the book entry to produce the same effect.
If at any time DTC ceases to hold the Series 2021 Refunding Bonds, all references herein
to DTC shall be of no further force or effect.
SECTION 4. Escrow Agent; Appointment and Acceptance of Duties. Hancock Whitney
Bank, in the City of Baton Rouge, Louisiana, is hereby appointed Escrow Agent. The Escrow
Agent shall signify its acceptance of the duties and obligations imposed upon it by this Eighth
Supplemental Ordinance by executing and delivering the Escrow Agreement. The Escrow Agent
is authorized to file, on behalf of the Issuer, subscription forms for any Government Securities
required by the Escrow Agreement. The Escrow Agreement is hereby approved by the Issuer and
the Executive Officers are hereby authorized and directed to execute and deliver the Escrow
Agreement on behalf of the Issuer substantially in the form of Exhibit G hereof, with such
changes, additions, deletions or completions deemed appropriate by such signing officials, and it
is expressly provided and covenanted that all of the provisions for the payment of the principal of
and interest on the Refunded Bonds from the special trust fund created under the Escrow
Agreement shall be strictly observed and followed in all respects.
SECTION 5. Paying Agent; Appointment and Acceptance of Duties. The City will at all
times maintain a Paying Agent having the necessary qualifications for the performance of the
duties described in this Eighth Supplemental Ordinance. The designation of Hancock Whitney
Bank as the initial Paying Agent is hereby confirmed and approved. The Paying Agent shall signify
its acceptance of the duties and obligations imposed on it by this Eighth Supplemental Ordinance
by executing and delivering an acceptance of its rights, duties and obligations as Paying Agent set
forth herein in form and substance satisfactory to the City.
SECTION 6. Registration by Paying Agent. No Series 2021 Refunding Bond shall be
valid or obligatory for any purpose or entitled to any security or benefit under this Eighth
Supplemental Ordinance unless and until a certificate of registration on such Series 2021
Refunding Bonds substantially in the form set forth in Exhibit D hereto shall have been duly
manually executed on behalf of the Paying Agent by a duly authorized signatory, and such
executed certificate of the Paying Agent upon any such Series 2021 Refunding Bond shall be
conclusive evidence that such Series 2021 Refunding Bond has been executed, registered and
delivered under this Eighth Supplemental Ordinance.
SECTION 7. Exchange of Series 2021 Refunding Bond; Persons Treated as Owners. The
City shall cause books for the registration and for the registration of transfer of the Series 2021
Refunding Bonds as provided in this Eighth Supplemental Ordinance to be kept by the Paying
Agent at its designated corporate trust office, and the Paying Agent is hereby constituted and
appointed the registrar for the Series 2021 Refunding Bonds. At reasonable times and under
reasonable regulations established by the Paying Agent said list may be inspected and copied by
the City or by the Owners (or a designated representative thereof) of 15% of the Bond Obligation.
Any Series 2021 Refunding Bonds presented for registration of transfer or exchange shall
be accompanied by a written instrument or instruments of transfer in form and with a guaranty of
signature satisfactory to the Paying Agent, duly executed by the Owner or his attorney duly
authorized in writing.
Subject to the provisions of Section 3, the Series 2021 Refunding Bonds may be
transferred, registered and assigned only on the Bond Register, and such registration shall be at
the expense of the City. A Series 2021 Refunding Bond may be assigned by the execution of an
assignment form on the Series 2021 Refunding Bonds or by other instruments of transfer and
assignment acceptable to the Paying Agent. A new Series 2021 Refunding Bond or Bonds will
be delivered by the Paying Agent to the last assignee (the new Owner) in exchange for such
transferred and assigned Series 2021 Refunding Bonds after receipt of the Series 2021 Refunding
Bonds to be transferred in proper form. Such new Series 2021 Refunding Bond or Bonds shall be
in an authorized denomination. Neither the City nor the Paying Agent shall be required to issue,
register, transfer or exchange any Series 2021 Refunding Bonds during a period beginning at the
opening of business on a Record Date and ending at the close of business on the Interest
Payment Date.
No service charge to the Owners shall be made by the Paying Agent for any exchange or
registration of transfer of Series 2021 Refunding Bonds. The Paying Agent may require payment
by the person requesting an exchange or registration of transfer of Series 2021 Refunding Bonds
of a sum sufficient to cover any tax or other governmental charge that may be imposed in
relation thereto.
The City and the Paying Agent shall not be required to issue, register the transfer of or
exchange any Series 2021 Refunding Bond during a period beginning at the opening of business
on a Record Date or any date of selection of Series 2021 Refunding Bonds to be redeemed and
ending at the close of business on the Interest Payment Date.
All Series 2021 Refunding Bonds delivered upon any registration of transfer or exchange
of Series 2021 Refunding Bonds shall be valid obligations of the City, evidencing the same debt
and entitled to the same benefits under this Eighth Supplemental Ordinance as the Series 2021
Refunding Bonds surrendered.
Prior to due presentment for registration of transfer of any Series 2021 Refunding Bonds,
the City and the Paying Agent, and any agent of the City or the Paying Agent may deem and
treat the person in whose name any Series 2021 Refunding Bond is registered as the absolute
owner thereof for all purposes, whether or not such Series 2021 Refunding Bonds shall be
overdue, and shall not be bound by any notice to the contrary.
SECTION 8. Series 2021 Refunding Bonds Mutilated, Destroyed, Stolen or Lost. In case
any Bond shall become mutilated or be improperly cancelled, or be destroyed, stolen or lost, the
City may in its discretion adopt an ordinance and thereby authorize the issuance and delivery of a
new Series 2021 Refunding Bond or Bonds in exchange for and substitution for such mutilated or
improperly cancelled Series 2021 Refunding Bond, or in lieu of and in substitution for the Series
2021 Refunding Bond destroyed, stolen or lost, upon the Owner (i) furnishing the City and the
Paying Agent proof of his ownership thereof and proof of such mutilation, improper cancellation,
destruction, theft or loss satisfactory to the City and the Paying Agent, (ii) giving to the City and
the Paying Agent an indemnity bond in favor of the City and the Paying Agent in such amount as
the City may require, (iii) compliance with such other reasonable regulations and conditions as the
City may prescribe and (iv) paying such expenses as the City and the Paying Agent may incur.
Any Series 2021 Refunding Bond so surrendered shall be delivered to the Paying Agent for
cancellation pursuant to Section 9 hereof. If any Series 2021 Refunding Bond shall have matured
or be about to mature, instead of issuing a substitute Series 2021 Refunding Bond, the City may
pay the same, upon being indemnified as aforesaid, and if such Series 2021 Refunding Bond be
lost, stolen or destroyed, without surrender thereof. Any such duplicate Series 2021 Refunding
Bond issued pursuant to this Section shall constitute an original, additional, contractual obligation
on the part of the City, whether or not the lost, stolen or destroyed Series 2021 Refunding Bond
be at any time found by anyone. Such duplicate Series 2021 Refunding Bond shall be in all
respects identical with those replaced except that it shall bear on its face the following additional
clause:
"This bond is issued to replace a lost, cancelled or destroyed bond under the authority
of R.S. 39:515."
Such duplicate Series 2021 Refunding Bond may be signed by the facsimile signatures of
the same officers who signed the original Series 2021 Refunding Bond, provided, however, that
in the event the officers who executed the original Series 2021 Refunding Bond are no longer in
office, then the new Series 2021 Refunding Bond may be signed by the officers then in office.
Such duplicate Series 2021 Refunding Bond shall be entitled to equal and proportionate benefits
and rights as to lien and source and security for payment as provided herein with respect to all
other Series 2021 Refunding Bonds hereunder, the obligations of the City upon the duplicate
Series 2021 Refunding Bond being identical to its obligations upon the original Series 2021
Refunding Bond and the rights of the Owner of the duplicate Series 2021 Refunding Bond being
the same as those conferred by the original Series 2021 Refunding Bond.
SECTION 9. Cancellation of Series 2021 Refunding Bonds. All Series 2021 Refunding
Bonds paid or redeemed either at or before maturity, together with all Series 2021 Refunding
Bonds purchased by the City, shall thereupon be promptly cancelled by the Paying Agent. The
Paying Agent shall thereupon promptly furnish to the City Clerk an appropriate certificate of
cancellation.
SECTION 10. Preparation of Bonds. The Executive Officers are hereby empowered,
authorized and directed to do any and all things necessary and incidental to carry out all of the
provisions of this Eight Supplemental Ordinance, to cause the Series 2021 Refunding Bonds to be
printed, to issue, execute and seal the Series 2021 Refunding Bonds, and to effect delivery thereof
as hereinafter provided.
SECTION 11. Application of Series 2021 Refunding Bond Proceeds. Provisions having
been made for the orderly payment until due or earlier redemption of all the Refunded Bonds in
accordance with their terms, it is hereby recognized and acknowledged that, as of the date of
delivery of the Series 2021 Refunding Bonds under this Eighth Supplemental Ordinance, the Issuer
is expected to have no future obligation with reference to the Refunded Bonds, except to assure
that the Refunded Bonds are paid from the Government Securities and funds so escrowed in
accordance with the provisions of the Escrow Agreement. As a condition of the issuance of the
Series 2021 Refunding Bonds, the Issuer hereby binds and obligates itself to:
(a) Deposit irrevocably in trust with the Escrow Agent under the terms and conditions
of the Escrow Agreement, as hereinafter provided, an amount of the proceeds derived from the
issuance and sale of the Series 2021 Refunding Bonds (exclusive of accrued interest), together
with additional moneys of the Issuer, as will enable the Escrow Agent to immediately purchase
non-callable direct general obligations of the United States of America described in the Escrow
Agreement, which shall mature in principal and interest in such a manner as to provide at least the
required cash amount on or before each payment date for the Refunded Bonds (said amounts being
necessary on each of the designated dates to pay and retire or redeem the Refunded Bonds payable
upon redemption). The moneys so deposited with the Escrow Agent shall constitute a trust fund
or trust funds irrevocably dedicated for the use and benefit of the owners of the Refunded Bonds;
(b) Deposit in a special expense account such amount of the proceeds of the Series
2021 Refunding Bonds or transfer from the Sinking Fund or Reserve Fund as will permit the
payment of the Costs of Issuance of the Series 2021 Refunding Bonds and the costs properly
attributable to the establishment and administration of the Escrow Fund; and
(c) After the payment of the October 1, 2023 maturity of the Series 2014 Bonds, apply
the remaining portion of the Reserve Fund allocable to the Series 2014 Bonds to the defeasance of
all or a portion of the October 1, 2024 maturity of the Series 2014 Bonds.
SECTION 12. Series 2021 Refunding Bonds Issued on a Parity with Outstanding Parity
Bonds. The Series 2021 Refunding Bonds are hereby issued on a parity with the Outstanding Parity
Bonds, and the Series 2021 Refunding Bonds shall rank equally with and shall enjoy complete
parity of lien with the Outstanding Parity Bonds on the Net Revenues.
This Governing Authority does hereby find, determine and declare that the City has
complied, or will comply prior to the delivery of the Series 2021 Refunding Bonds, with all the
terms and conditions set forth in the Bond Ordinance with respect to authorizing the issuance of
the Series 2021 Refunding Bonds on a parity with the Outstanding Parity Bonds.
SECTION 13. Amendment to Section 6.01 of the General Bond Ordinance. Section 6.01
of the General Bond Ordinance, entitled "Issuance of Parity Obligations; Parity Requirements", is
hereby amended as follows:
Beginning on the first day on which no Outstanding Parity Bonds remain Outstanding, Section
6.01(b)(iii) shall be deleted in its entirety.
SECTION 14. Amendment to the First Supplemental Bond Ordinance. Upon consent of
the Louisiana Department of Environmental Quality, as owner of the Series 2010 Bonds, the First
Supplemental Bond Ordinance No. 89 of 2010 adopted by the Governing Authority on September
21, 2010, shall be amended as necessary to remove the amendments to Section 5.01 of the General
Bond Ordinance contained therein, establish the "Series 2010 Reserve Account" in the Reserve
Fund, and provide that "Reserve Fund Requirement" means one-half of the highest amount of
principal, interest and Administrative Fee on the Series 2010 Bonds due in any future Bond Year.
The Executive Officers, or either of them, are hereby authorized to take any and all action,
including execution of any agreement required by the Louisiana Department of Environmental
Quality, necessary to effectuate the foregoing amendments.
SECTION 15. Call for Redemption. Subject only to the delivery of the Series 2021
Refunding Bonds, the Refunded Bonds are hereby called for redemption on October 1, 2024, at
the principal amount thereof, and accrued interest to the date of redemption, in compliance with
the ordinances authorizing their issuance.
SECTION 16. Notice of Defeasance and Call for Redemption. In accordance with the
ordinances authorizing the issuance of the Refunded Bonds, a Notice of Defeasance and Call for
Redemption, in substantially the form attached hereto as Exhibit E, shall be given by the Paying
Agent by (i) mailing a copy of the redemption notice by first class mail, postage prepaid, by notice
deposited in the United States mails not less than thirty (30) days prior to the redemption date
addressed to the registered owner of each Refunded Bond to be redeemed at his address as shown
on the registration books of the Paying Agent, or (ii) delivering to the registered owner of each
Refunded Bond to be redeemed a copy of the redemption notice via other accepted means of
electronic communication.
SECTION 17. Official Statement. The City hereby approves the form and content of the
final Official Statement and hereby authorizes and directs the execution by the Executive Officers
and delivery of such final Official Statement to the Underwriter for use in connection with the
public offering of the Series 2021 Refunding Bonds.
SECTION 18. Post-Issuance Compliance. The Executive Officers and/or their designees
are directed to establish, continue, and/or amend, as applicable, written procedures to assist the
City in complying with various State and Federal statutes, rules and regulations applicable to the
Series 2021 Refunding Bonds and are further authorized to take any and all actions as may be
required by said written procedures to ensure continued compliance with such statutes, rules and
regulations throughout the term of the Series 2021 Refunding Bonds.
SECTION 19. Ordinance to Constitute Contract. In consideration of the purchase and
acceptance of the Series 2021 Refunding Bonds by those who shall own the same from time to
time, the provisions of this Eighth Supplemental Ordinance shall be a part of the contract of the
City with the Owners and shall be deemed to be and shall constitute a contract between the City
and the Owners from time to time of the Series 2021 Refunding Bonds. The provisions, covenants
and agreements herein set forth to be performed by or on behalf of the City shall be for the equal
benefit, protection and security of the Owners, each of which Series 2021 Refunding Bonds,
regardless of the time or times of its issue or maturity, shall be of equal rank without preference,
priority or distinction over any other thereof except as expressly provided in this Eighth
Supplemental Ordinance.
SECTION 20. Parties Interested Herein. Nothing in this Eighth 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 2021 Refunding
Bonds any right, remedy or claim under or by reason of this Eighth Supplemental Ordinance or
any covenant, condition or stipulation thereof; and all the covenants, stipulations, promises and
agreements in this Eighth 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 2021
Refunding Bonds.
SECTION 21. Successors and Assigns. Whenever in this Eighth 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 Eighth 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 22. Severability. In case any one or more of the provisions of this Eighth
Supplemental Ordinance or of the Series 2021 Refunding 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 Eighth Supplemental Ordinance or of the Series 2021 Refunding Bonds, but this
Eighth Supplemental Ordinance and the Series 2021 Refunding 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 Eighth Supplemental Ordinance which validates
or makes legal any provision of this Eighth Supplemental Ordinance or the Series 2021 Refunding
Bonds which would not otherwise be valid or legal shall be deemed to apply to this Eighth
Supplemental Ordinance and to the Series 2021 Refunding Bonds.
SECTION 23. Publication. This Eighth 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 Eighth
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.
SECTION 24. Effective Date. This Eighth 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. Williams and seconded by Mr. Free, and adopted on the 4th day of May, 2021 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 4th day of May, 2021.
/s/ Phyllis McGraw /s/ David Montgomery, Jr.
City Clerk President
(Exhibits herein are on file with the Issuer and can be viewed during normal business hours.)
The following Ordinance offered and adopted:
Ordinance No. 46 Of 2021
AN ORDINANCE APPROPRIATING ONE HUNDRED AND FIFTY THOUSAND
DOLLARS ($150,000) FROM THE RIVERBOAT CAPITAL PROJECTS FUND TO
SUPPLEMENT THE DESIGN AND CONSTRUCTION OF HIGH MAST STYLE
LIGHTING FOR THE SHED ROAD / I-220 INTERCHANGE.
WHEREAS, Ordinance 123 of 2018 appropriated $400,000 in the 2019 Riverboat Gaming
Capital Projects Budget to be used for design and construction of high mast style lighting for the
Shed Road / I-220 Interchange, and
WHEREAS, there is currently $385,200 remaining in the 2019 Riverboat Gaming Capital
Projects Budget for this project, and
WHEREAS, an increase in construction materials and project costs have created a
shortage in funding of the project, and
WHEREAS, the engineer’s estimate for completing the project is $535,200, and
WHEREAS, there is $150 Thousand Dollars available in the Riverboat Capital
Projects Fund available for use towards this effort: and
NOW, THEREFORE, BE IT ORDAINED, by the City Council of Bossier City,
Louisiana, in regular session convened, that $150 thousand dollars is hereby appropriated from the
Riverboat Capital Projects Fund for a total of $535,200 for the design and construction of high
mast style lighting for the Shed Road / I-220 Interchange.
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. Jeff Free, and adopted on this the 4th day of May, 2021
by the following vote:
AYES: Mr. Montgomery, Jr., Mr. Larkin, Mr. Irwin, Mr. Darby, Mr. Williams, Mr. Free and Mr.
Harvey
NAYES: none
ABSENT: none
ABSTAIN: none
____________________________ ______________________________
David Montgomery, Jr., President Phyllis McGraw, City Clerk
The following Ordinance offered and adopted:
Ordinance No. 47 Of 2021
AN ORDINANCE TO RETAIN TRAVIS H. MOREHART, CPA, OF COOK &
MOOREHART TO PROVIDE SERVICES FOR THE FINANCE DEPARTMENT.
WHEREAS, the Finance Director has resigned and a vacancy will not be filled until July
2021; and
WHEREAS, Travis Morehart has met with the Finance Department and has agreed to
provide the services set forth in the agreement attached hereto as Exhibit “A”; and
NOW, THEREFORE, BE IT ORDAINED, by the City Council of Bossier City,
Louisiana, in regular session convened, that Travis H. Morehart, CPA of Cook & Morehart is
hereby approved to provide the services set forth in the agreement attached hereto as Exhibit “A”.
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. Timothy Larkin, and adopted on this the
4th day of May, 2021 by the following vote:
AYES: Mr. Montgomery, Jr., Mr. Larkin, Mr. Irwin, Mr. Darby, Mr. Williams, Mr. Free and Mr.
Harvey
NAYES: none
ABSENT: none
ABSTAIN: none
____________________________
David Montgomery, Jr., President
____________________________
Phyllis McGraw, City Clerk
New Business -
By: Mr. Larkin
Motion to introduce an Ordinance authorizing the attached amendments with Manchac
Consulting Group, Inc. and Atakapa Services, LLC modifying and extending their services to the
City of Bossier City.
Seconded by Mr. Williams
Mr. Darby still concerned about not taking RFP’s and contract extending passed one year. Also
concerned about the termination language.
Mr. Montgomery, Mr. Larkin and Mr. Irwin spoke on the issue and still feel it’s the best option
for the City and Manchac has proven track record and are responsible for City facilities and
equipment.
No further comment
Motion carries with the following vote:
Yeas – Mr. Montgomery, Jr., Mr. Larkin, Mr. Irwin, Mr. Williams, Mr. Free and Mr. Harvey.
Nays – Mr. Darby
Absent – none
Abstain - none
By: Mr. Irwin
Motion to introduce an Ordinance to approve Report of Reconciliation for the Bossier Fire
Department Burn Building Project, Ordinance 93 of 2019, with a decrease in project cost of
$160,000.
Second by Mr. Free
No comment
Vote in favor of motion is unanimous
The following Resolution offered and adopted:
RESOLUTION 32 Of 2021
A RESOLUTION TO FILL TWO LABORER I POSITIONS IN THE PUBLIC WORKS
GRASS CUTTING AND STREET SWEEPING DIVISION
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, two Laborer I positions are vacant in the Public Works Grass Cutting and
Street Sweeping Division;
WHEREAS, the administration and the department assures that all current budgets have
been verified and that no authorized salary has been exceeded.
NOW, THEREFORE, be it ordained the administration is hereby authorized to fill two
Laborer I positions in the Public Works Grass Cutting and Street Sweeping Division due to a
resignation and a prior vacancy within the Public Works Department.
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. Thomas Harvey, and adopted on this
the 4th day of May, 2021 by the following vote:
AYES: Mr. Montgomery, Jr., Mr. Larkin, Mr. Irwin, Mr. Darby, Mr. Williams, Mr. Free and Mr.
Harvey
NAYES: none
ABSENT: none
ABSTAIN: none
____________________________
David Montgomery Jr, President
___________________________
Phyllis McGraw, City Clerk
The following Resolution offered and adopted:
RESOLUTION 33 Of 2021
A RESOLUTION TO FILL A PART TIME ANIMAL CONTROL HELPER POSITION
IN THE PUBLIC WORKS ANIMAL CONTROL DIVISION.
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, a part-time Animal Control Helper Position is vacant in the Public Works
Animal Control Division;
WHEREAS, the administration and the department assures that all current budgets have
been verified and that no authorized salary has been exceeded.
NOW, THEREFORE, be it ordained the administration is hereby authorized to fill an
Animal Control Helper position in the Public Works Animal Control Division due to a
resignation and promotions within the Division.
The above and foregoing Resolution was read in full at open and legal session convened,
was on motion of Mr. Scott Irwin, and seconded by Mr. Don Williams, and adopted on this the 4th
day of May, 2021 by the following vote:
AYES: Mr. Montgomery, Jr., Mr. Larkin, Mr. Irwin, Mr. Darby, Mr. Williams, Mr. Free and Mr.
Harvey
NAYES: none
ABSENT: none
ABSTAIN: none
____________________________
David Montgomery Jr, President
___________________________
Phyllis McGraw, City Clerk
The following Resolution offered and adopted:
RESOLUTION 34 Of 2021
A RESOLUTION AUTHORIZING THE HIRING OF TWO (2) POLICE OFFICERS FOR
THE BOSSIER CITY POLICE DEPARTMENT.
WHEREAS, Ordinance No. 21 of 2019 implemented a requirement assuring that the
City department budgets not be exceeded by any hiring of any personnel; and
WHEREAS, the hiring of two (2) Police Officers due to the resignation of two Police
Officers.
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. Thomas Harvey, and seconded by Mr. Jeff Free, and adopted on this the 4th
day of May, 2021 by the following vote:
AYES: Mr. Montgomery, Jr., Mr. Larkin, Mr. Irwin, Mr. Darby, Mr. Williams, Mr. Free and Mr.
Harvey
NAYES: none
ABSENT: none
ABSTAIN: none
____________________________
David Montgomery, President
___________________________
Phyllis McGraw, City Clerk
The following Resolution offered and adopted:
RESOLUTION 35 Of 2021
A RESOLUTION AUTHORIZING THE HIRING OF ONE (1) RECORDS CLERK FOR
THE BOSSIER CITY POLICE DEPARTMENT.
WHEREAS, Ordinance No. 21 of 2019 implemented a requirement assuring that the
City department budgets not be exceeded by any hiring of any personnel; and
WHEREAS, the hiring of one (1) Records Clerk due to the resignation of two Police
Officers.
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. Jeff Free, and seconded by Mr. Thomas Harvey, and adopted on this the 4th
day of May, 2021 by the following vote:
AYES: Mr. Montgomery, Jr., Mr. Larkin, Mr. Irwin, Mr. Darby, Mr. Williams, Mr. Free and Mr.
Harvey
NAYES: none
ABSENT: none
ABSTAIN: none
____________________________
David Montgomery, President
___________________________
Phyllis McGraw, City Clerk
The following Resolution offered and adopted:
RESOLUTION 36 Of 2021
A RESOLUTION AUTHORIZING THE HIRING OR PROMOTION OF A LABORER I
AND BACKFILLING ANY POSITION THIS MAY CREATE 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 Laborer I is vacant due to promotion, 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. Jeffery Darby, and adopted on this
the 4th day of May, 2021 by the following vote:
AYES: Mr. Montgomery, Jr., Mr. Larkin, Mr. Irwin, Mr. Darby, Mr. Williams, Mr. Free and Mr.
Harvey
NAYES: none
ABSENT: none
ABSTAIN: none
____________________________
David Montgomery, President
___________________________
Phyllis McGraw, City Clerk
By: Mr. Free
Motion to approve Parade Permit Fee Waiver for the Carry the Load, National Relay, May
26, 2021.
Seconded by Mr. Williams
No comment
Vote in favor of motion is unanimous
By: Mr. Free
Motion to approve placement in the Official Minutes the appointment of Sgt. Charles
Bridges reappointment as the Police Department Board Member of the Bossier City Municipal
Fire and Police Civil Service Board. Appointment effective March 7, 2021 and expires on March
6, 2024.
Seconded by Mr. Harvey
No comment
Vote in favor of motion unanimous
By: Mr. Irwin
Motion to approve placement in the Official Minutes the appointment of Fire Captain Jason
D. Shelton reappointment as the Fire Department Representative on the Bossier City Municipal
Fire and Police Civil Service Board. Appointment effective March 7, 2021 and expires on March
6, 2024.
Seconded by Mr. Harvey
No comment
Vote in favor of motion is unanimous
By: Mr. Larkin
Motion to approve the application by Centric Pipe, LLC, 430 Hamilton Road, Bossier City,
La. under the Industrial Tax Exemption Program which would forgive 80% City Property Tax
Millage for up to 10 years if all criteria were to continue to be met.
Seconded by Mr. Williams
Questions from Council about what happens if they fail to meet obligations. Mr. Hall reported
they would have to pay it back.
Vote in favor of motion is unanimous
There being no further business to come before this Council, the meeting adjourned at
3:47 PM by Mr. Montgomery, Jr.
Respectfully submitted:
Phyllis McGraw
City Clerk
Publish: May 12, 2021
Bossier Press Tribune
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