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City Council

Regular Meeting

Bossier City, LA · September 5, 2023

AgendaMinutes

Minutes

PROCEEDINGS OF THE CITY COUNCIL OF BOSSIER CITY STATE OF LOUISIANA TAKEN AT A REGULAR MEETING SEPTEMBER 5, 2023 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, September 5, 2023 at 3:00 PM Invocation was given by Council Member Chris Smith Pledge of Allegiance led by Council Member Vince Maggio Roll Call as follows: Present: Honorable, President Jeff Free, Honorable Councilors David Montgomery, Jr., Chris Smith, Brian Hammons, Jeffery Darby, Don Williams and Vince Maggio Also Present: Mayor, Thomas H. Chandler, City Attorney Charles Jacobs, Deputy City Clerk, Amyanna Germany and City Clerk, Phyllis McGraw City Clerk, Phyllis McGraw, read statement about decorum during meeting and public participation in the meeting. By: Mr. Williams Motion to approve Minutes of August 29, 2023, Regular Council Meeting and dispense with the reading. Seconded by Mr. Smith No comment Vote in favor of motion is unanimous By: Mr. Williams Motion to remove item #4 – New Business- Adopt a Resolution ordering and calling a special election to be held in the City of Bossier City, State of Louisiana, to vote upon the adoption of amendments to the current City Charter of the City of Bossier City; making application to the State Bond Commission and providing for other matters in connection therewith. Seconded by Mr. Montgomery, Jr. Comments against item removal by audience members Wes Marriott and David Crockett. Audience member – John Settle asked for clarification on requests of Registrar. Mr. Hammons, Mr. Montgomery, Mr. Jacobs and Mayor Chandler all discussed. No further comment Motion carried with the following vote: Yeas: Mr. Montgomery, Jr., Mr. Darby, Mr. Williams, Mr. Free and Mr. Maggio Nays: Mr. Smith and Mr. Hammons Absent: none Abstain: none By: Mr. Montgomery, Jr. Motion to approve agenda as amended Seconded by: Mr. Williams Audience member David Crockett spoke against approving agenda. No further comment Motion carried with the following vote: Yeas: Mr. Montgomery, Jr., Mr. Smith, Mr. Darby, Mr. Williams, Mr. Free and Mr. Maggio Nays: Mr. Hammons Absent: none Abstain: none New Business – By: Mr. Smith Motion to introduce an Ordinance to approve Report of Change Order 10 for the (LTRI) Louisiana Technology Research Institute Bossier with an increase in project cost of $87,170.17 and to declare the project complete. Seconded by Mr. Darby Mr. Hammons, Mr. Jacobs and Mr. Rauschenbach discussed. No further comment Vote in favor of motion is unanimous By: Mr. Smith Motion to introduce an Ordinance amending Ordinance 82 of 2023 that declared that an emergency did exist in the City of Bossier City which affected property, public health, and safety due to the requirement to restore a collapsed sewer main along Bardot Lane adding an additional $50,000.00 to the project to come from Sewer Capital Contingency funds. Seconded by Mr. Darby No comment Vote in favor of motion is unanimous The following Resolution offered and adopted: RESOLUTION NO. 76 OF 2023 A RESOLUTION AUTHORIZING AND APPROVING THE ENGAGEMENT OF BINGHAM ARBITRAGE REBATE SERVICES, INC. TO PROVIDE PROFESSIONAL ARBITRAGE REBATE SERVICES TO THE CITY OF BOSSIER CITY. ______________________________________________________________________________ WHEREAS, Bingham Arbitrage Rebate Services, Inc., has conducted arbitrage rebate services for the City’s outstanding bond issues that require ongoing arbitrage compliance reporting in previous years; and WHEREAS, the City is required to have arbitrage rebate calculations for outstanding bond issues that require ongoing arbitrage compliance reporting annually until such time the calculations are no longer required; NOW, THEREFORE, BE IT RESOLVED, that the City Council of Bossier City, in regular session convened, that the Director of Finance, is hereby authorized to execute a contract with Bingham Arbitrage Rebate Services, Inc. and said contract is hereby approved. The above and foregoing Resolution was discussed and opened for public input at open and legal session convened, was on motion of Mr. Chris Smith and seconded by Mr. Don Williams and adopted on this the 5th day of September, 2023. AYES: Mr. Montgomery, Jr., Mr. Smith, Mr. Hammons, Mr. Darby, Mr. Williams, Mr. Free and Mr. Maggio NAYS: none ABSENT: none ABSTAIN: none ___________________________ _______________________ Jeff Free, President Phyllis McGraw, City Clerk Agenda Item called – Adopt a Resolution asking for the Bossier Parish Registrar of Voters to decertify the petition from the Bossier Term Limits Coalition calling for a special election for term limits for the Bossier City Council and Bossier City Mayor due to the petition failing to meet all requirements of Louisiana Revised Statute 18:3. Audience members speaking in opposition were Wes Marriott and David Crockett. Audience Member John Settle asked for clarification on time allowances. Mr. Darby, Mr. Smith, Mr. Montgomery and Mr. Jacobs all spoke on Resolution. No further comment The following Resolution offered and adopted: RESOLUTION NO 77 OF 2023 A RESOLUTION ASKING FOR THE BOSSIER PARISH REGISTRAR OF VOTERS TO DECERTIFY THE PETITION FROM THE BOSSIER TERM LIMITS COALITION CALLING FOR A SPECIAL ELECTION FOR TERM LIMITS FOR THE BOSSIER CITY COUNCIL AND BOSSIER CITY MAYOR DUE TO THE PETITION FAILING TO MEET ALL REQUIREMENTS OF LOUISIANA REVISED STATUTE 18:3 WHEREAS, The City of Bossier City was presented a petition from the Bossier Term Limits Coalition for calling a Special Election for term limits for the Bossier City Council and Bossier City Mayor; and WHEREAS, the petition was certified on July 10, 2023, by the Bossier Parish Registrar of Voters; and WHEREAS, the Bossier City Council acknowledges receipt of the petition and the certification however believe that the petition was certified improperly due to all the requirements of Louisiana R.S. 18:3 have not been met, including the requirement of La. R.S. Section 18:3 (A) (3) the inclusion of the signer’s year of birth; NOW, THEREFORE, BE IT RESOLVED, by the City Council of Bossier City, Louisiana, in regular and legal session convened, that the City Council does hereby request the Bossier Parish Registrar of Voters to decertify the petition from the Bossier Term Limits Coalition calling for a Special Election for term limits for the Bossier City Council and Bossier City Mayor due to the petition failing to meet all the requirements of Louisiana Revised Statute 18:3 The above and foregoing Resolution was discussed and opened for public input at open and legal session convened, was on motion of Mr. Don Williams and seconded by Mr. David Montgomery, Jr. and adopted on this the 5th day of September, 2023. AYES: Mr. Montgomery, Jr., Mr. Darby, Mr. Williams, Mr. Free and Mr. Maggio NAYS: Mr. Smith and Mr. Hammons ABSENT: none ABSTAIN: none ___________________________ _______________________ Jeff Free, President Phyllis McGraw, City Clerk Agenda Item called – Adopt a Resolution authorizing the City Attorney to take legal action to determine the validity of the certification of the petition of the Bossier Term Limits Coalition. Audience Members Wes Marriott and David Crockett spoke in opposition of Resolution. Mr. Marriott became disruptive in his remarks. The following Resolution offered and adopted: RESOLUTION NO 78 OF 2023 A RESOLUTION AUTHORIZING THE CITY ATTORNEY TO TAKE LEGAL ACTION TO DETERMINE THE VALIDITY OF THE CERTIFICATION OF THE PETITION OF THE BOSSIER TERM LIMITS COALITION. WHEREAS, The City of Bossier City was presented a petition from the Bossier Term Limits Coalition for calling a Special Election for term limits for the Bossier City Council and Bossier City Mayor; and WHEREAS, the petition was purportedly certified on July 10, 2023, by the Bossier Parish Registrar of Voters; and WHEREAS, the Bossier City Council acknowledges receipt of the petition but the validity and sufficiency of the “certification” by the Bossier Parish Registrar of Voters has been called into question. The certification may have been improper as all the requirements of Louisiana R.S. 18:3 have not been met, including the requirement of La R.S. Section 18:3 (A) (3) inclusion of the signer’s year of birth; NOW, THEREFORE, BE IT RESOLVED, by the City Council of Bossier City, Louisiana, in regular and legal session convened, that the City Council does hereby authorize the City Attorney to take legal action to determine the validity of the certification of the petition of the Bossier Term Limits Coalition due to the petition failing to meet all the requirements of Louisiana Revised Statute 18:3 The above and foregoing Resolution was discussed and opened for public input at open and legal session convened, was on motion of Mr. Jeffery Darby and seconded by Mr. Vince Maggio and adopted on this the 5th day of September, 2023. AYES: Mr. Montgomery, Jr., Mr. Darby, Mr. Williams, Mr. Free and Mr. Maggio NAYS: Mr. Smith and Mr. Hammons ABSENT: none ABSTAIN: none ___________________________ _______________________ Jeff Free, President Phyllis McGraw, City Clerk Announcements Mr. Free announced that there would be a Budget Workshop on September 19, 2023, immediately following the City Council Meeting. There being no further business to come before this Council, Council President Free adjourned the meeting at 3:51PM Respectfully submitted: Phyllis McGraw City Clerk Publish: September 13, 2023 Bossier Press Tribune

Agenda

AGENDA Regular Council Meeting 3:00 PM - Tuesday, September 5, 2023 City Council Chambers, Bossier City Hall 620 Benton Road, Bossier City, Louisiana Page I. CALL TO ORDER II. INVOCATION BY COUNCIL MEMBER CHRIS SMITH III. PLEDGE OF ALLEGIANCE BY COUNCIL MEMBER VINCE MAGGIO IV. ROLL CALL V. ANNOUNCEMENT VI. APPROVE MINUTES 4 - 12 1. Approve Minutes of August 29, 2023, Regular Council meeting and dispense with the reading. MAug29of2023 VII. APPROVE AGENDA VIII. CEREMONIAL MATTERS/RECOGNITION OF GUESTS IX. NEW BUSINESS 13 - 15 1. Introduce an Ordinance to approve Report of Change Order 10 for the (LTRI) Louisiana Technology Research Institute Bossier with an increase in project cost of $87,170.17 and to declare the project complete. (First Reading) (Rauschenbach) Page 1 of 35 Adopt an Ordinance to approve report of change order 10 for the (LTRI) Louisiana Technology Research Institute Bossier with an increase in project cos - Pdf 16 - 18 2. Introduce an Ordinance amending Ordinance 82 of 2023 that declared that an emergency did exist in the City of Bossier City which affected property, public health, and safety due to the requirement to restore a collapsed sewer main along Bardot Lane adding an additional $50,000.00 to the project to come from Sewer Capital Contingency funds. (First Reading) (Nottingham) An Ordinance amending Ordinance 82 of 2023 that declared that an emergency did exist in the City of Bossier City which affected property, public healt - Pdf 19 - 25 3. Adopt a Resolution authorizing and approving the engagement of Bingham Arbitrage Rebate Services, Inc. to provide professional Arbitrage Rebate Services to the City of Bossier City. (First and Final Reading) (Williamson) Bingham Arbitrage Rebate Services, Inc - Pdf 26 - 30 4. Adopt a Resolution ordering and calling a special election to be held in the City of Bossier City, State of Louisiana, to vote upon the adoption of amendments to the current City Charter of the City of Bossier City; making application to the State Bond Commission and providing for other matters in connection therewith. (First and Final Reading) (Chandler) A resolution ordering and calling a special election to be held in the City of Bossier City, State of Louisiana, to vote upon the adoption of amendmen - Pdf 31 - 33 5. Adopt a Resolution asking for the Bossier Parish Registrar of Voters to decertify the petition from the Bossier Term Limits Coalition calling for a special election for term limits for the Bossier City Council and Bossier City Mayor due to the petition failing to meet all requirements of Louisiana Revised Statute 18:3. (First and Final Reading) (Jacobs) A Resolution asking for the Bossier Parish Registrar of Voters to decertify the petition from the Bossier Term Limits Coalition calling for a special - Pdf 34 - 35 6. Adopt a Resolution authorizing the City Attorney to take legal action to determine the validity of the certification of the petition of the Bossier Term Limits Coalition. (First and Final Reading) (Jacobs) A Resolution authorizing the City Attorney to take legal action to determine the validity of the certification of the petition of the Bossier Term Lim - Pdf X. REPORTS Page 2 of 35 XI. ANNOUNCEMENTS XII. ADJOURN Page 3 of 35 PROCEEDINGS OF THE CITY COUNCIL OF BOSSIER CITY STATE OF LOUISIANA TAKEN AT A REGULAR MEETING AUGUST 29, 2023 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, August 29, 2023 at 3:00 PM Invocation was given by Council Member Jeffery Darby Pledge of Allegiance led by Council Member Chris Smith Roll Call as follows: Present: Honorable, President Jeff Free, Honorable Councilors Chris Smith, Brian Hammons, Jeffery Darby, Don Williams and Vince Maggio Absent: Honorable Councilor David Montgomery, Jr. Also Present: Mayor, Thomas H. Chandler, City Attorney Charles Jacobs, Deputy City Clerk, Amyanna Germany and City Clerk, Phyllis McGraw City Clerk, Phyllis McGraw, read statement about decorum during meeting and public participation in the meeting. Council President Free called Police Chief Daniel Haugen up to make presentations and recognize the Police Officers and citizen that showed exceptional bravery during the May 2, 2023 incident. Chief Haugen awarded Medal of Valor to Officer Kenny Gallon and Sergeant Kevin Freeman. He also awarded a Life Saving Award to Officer Danny Turner and a Civilian Award to Mr. James “Wes” Davis. He thanked them for their service. City Attorney, Charles Jacobs gave the Council and audience an update on the recent request for an Attorney General’s opinion on the Term Limits Petition. He noted letter from the Attorney General stating that they represent the Registrar of Voters and therefore they declined to issue an opinion. Mr. Jacobs recommended that the Council ask the Registrar of Voters to decertify the petition based on the missing information as required in Louisiana Revised Statute 18:3. Speaking against Mr. Jacobs recommendation were Council Member Brian Hammons and audience members Ryan Haygood, Wes Marriott, Lee Jeter, Sr., David Crockett and Alice Boyer. All above speaking audience members also asked Council to place petition on the ballot. By: Mr. Williams Motion to approve Minutes of August 15, 2023, Regular Council Meeting and dispense with the reading. Seconded by Mr. Smith No comment Vote in favor of motion is unanimous By: Mr. Williams Motion to amend the agenda to add New Business #12 – Adopt a Resolution asking for the Bossier Parish Registrar of Voters to decertify the petition from the Bossier Term Limits Coalition to call for a Special Election for term limits for the Bossier City Council and the Bossier City Mayor due to the petition failing to meet all requirements of Louisiana Revised Statute 18:3. (First and Final Reading) (Jacobs) (Item requested to be added on due to the time sensitivity of the matter) Seconded by Mr. Darby No comment Motion failed to be added due to not being unanimous Votes as follows: Yeas: Mr. Darby, Mr. Williams, Mr. Free and Mr. Maggio Nays: Mr. Smith and Mr. Hammons Absent: Mr. Montgomery, Jr. Abstain: none Page 4 of 35 By: Mr. Smith Motion to approve agenda Seconded by: Mr. Williams No comment Vote in favor of motion is unanimous Ceremonial Matters/Recognition of Guests – Agenda item called - Police Chief, Daniel Haugen officer recognition for their heroic actions on May 2, 2023 – This item was moved up to Announcements at beginning of meeting. Unfinished Business – Agenda Item called - Adopt an Ordinance amending the 2023 General Fund Engineering Budget by Twenty Thousand Dollars ($20,000) increasing expenditures for demolitions in the Property Standards Division. Council Members Mr. Hammons and Mr. Williams and Engineering, Ben Rauschenbach spoke on funding and discussed if more would be needed. Think this amount should be sufficient. The following Ordinance offered and adopted: ORDINANCE NO. 92 OF 2023 AN ORDINANCE AMENDING THE 2023 GENERAL FUND ENGINEERING BUDGET BY TWENTY THOUSAND DOLLARS ($20,000.00) INCREASING EXPENDITURES FOR DEMOLITIONS IN THE PROPERTY STANDARDS DIVISION. WHEREAS; the Property Standards Department has been diligent in patrolling the City for properties that are in violation of the City Code of Ordinances; and WHEREAS; the Property Standards Division has already scheduled numerous dilapidated and condemned properties for the demolition as approved by the Administrative Council; and WHEREAS; there are additional properties that could be completed this year if approved by the Administrative Council. NOW, THEREFORE, BE IT ORDAINED, in regular session convened that the City Council of Bossier City, Louisiana, agrees to appropriate $20,000 from the General Fund for Demolitions. BE IT FURTHER ORDAINED, that the 2023 General Fund Engineering Budget is hereby amended to increase expenditures for Demolitions by $20,000 and decrease Fund Balance by $20,000. The above and foregoing Ordinance was discussed and opened for public input at open and legal session convened, was on motion of Mr. Don Williams and seconded by Mr. Chris Smith and adopted on this the 29th day of August, 2023. Further this Ordinance will publish on September 6, 2023 and will not become legal until 10 days following publication. AYES: Mr. Smith, Mr. Hammons, Mr. Darby, Mr. Williams, Mr. Free and Mr. Maggio NAYS: none ABSENT: Mr. Montgomery, Jr. ABSTAIN: none _____________________________ _____________________________ Jeff Free, President Phyllis McGraw, City Clerk The following Ordinance offered and adopted: ORDINANCE NO. 93 OF 2023 AN ORDINANCE APPROPRIATING $175,000 TO COVER PROJECT COSTS FOR LIGHTING IMPROVEMENTS AT THE CITY MUNICIPAL COMPLEX IN REFERENCE TO THE LOUISIANA PUBLIC SERVICE COMMISSION PUBLIC ENTITY ENERGY EFFICIENCY GRANT Page 5 of 35 WHEREAS; the City of Bossier City was successful in obtaining grant funding through the Louisiana Public Service Commission Entity Energy Efficiency Grant for lighting improvements at the City Municipal Complex; and WHEREAS; the Louisiana Public Service Commission has granted to Bossier City $109,650 for lighting fixture replacement at the Municipal Complex Parking Lot and the Fire Station Administration Building; and WHEREAS; the General Terms, Conditions and Understanding Memo requires the City to cover the costs of the project until the project is 100-percent complete and approved by the Louisiana Public Service Commission; and WHEREAS; there are funds available in the Sales Tax Capital Improvement Fund. NOW, THEREFORE, BE IT ORDAINED, in regular session convened that the City Council of Bossier City, Louisiana, hereby appropriates $175,000 to cover project costs for lighting improvements at the City Municipal Complex in relation to the Louisiana Public Service Commission Public Entity Energy Efficiency Grant. BE IT FURTHER ORDAINED, that the Mayor is authorized to enter into an agreement with EMA for design services for the proposed project. BE IT FURTHER ORDAINED, that the Mayor is authorized to sign any and all documents in connection with the furtherance of this Ordinance. BE IT FURTHER ORDAINED, that the 2023 Sales Tax Capital Improvement 2023 Budget is hereby amended to increase costs for the 2023 PSC Lighting Improvement Project and decrease fund balance by $175,000. The above and foregoing Ordinance was discussed and opened for public input at open and legal session convened, was on motion of Mr. Chris Smith and seconded by Mr. Vince Maggio and adopted on this the 29th day of August, 2023. Further this Ordinance will publish on September 6, 2023 and will not become legal until 10 days following publication. AYES: Mr. Smith, Mr. Hammons, Mr. Darby, Mr. Williams, Mr. Free and Mr. Maggio NAYS: none ABSENT: Mr. Montgomery, Jr. ABSTAIN: none _____________________________ _____________________________ Jeff Free, President Phyllis McGraw, City Clerk Agenda Item called - Adopt an Ordinance appropriating the sum of four million dollars ($4,000,000.00) from the 2018 LCDA Bond Fund to provide a new Bossier City Senior Center. Tamara Crane, Director - Bossier Council on Aging, thanked the Council for potential funding and went over SAMS report showing Council on Aging services in Bossier City. Discussion from Council members Mr. Hammons, Mr. Williams, Mr. Smith and Mr. Darby on need for more information for facility, plans, potential costs, why there is need to lock in funding, request for possible funding assistance from Police Jury and State Community Development and what else fund will have to be used for. Angela Williamson, Finance reported if passed, there would be $7 Million left in fund. The following Ordinance offered and adopted: Ordinance No. 94 Of 2023 AN ORDINANCE APPROPRIATING THE SUM OF FOUR MILLION DOLLARS ($4,000,000.00) FROM THE 2018 LCDA BOND FUND TO PROVIDE A NEW BOSSIER CITY SENIOR CENTER. ______________________________________________________________________________ WHEREAS, the City of Bossier City is committed to providing services to ensure quality of life to its senior residents; and WHEREAS, the City of Bossier City currently owns a facility/building managed by the Council on Aging to provide the senior residents of Bossier City to gather for various fellowship activities; and WHERAS, said existing facility is currently in a dilapidated condition; NOW, THEREFORE BE IT ORDAINED by the City Council of Bossier City, Louisiana, in regular session convened that four million dollars ($4,000,000.00) is hereby appropriated from the 2018 LCDA Bond Fund in order to either construct a senior center or to Page 6 of 35 purchase and renovate an existing structure to be used as a Senior Center for the purposed described above. The above and foregoing Ordinance was discussed and opened for public input at open and legal session convened, was on motion of Mr. Jeffery Darby and seconded by Mr. Chris Smith and adopted on this the 29th day of August, 2023. Further this Ordinance will publish on September 6, 2023 and will not become legal until 10 days following publication. AYES: Mr. Smith, Mr. Darby, Mr. Williams, Mr. Free and Mr. Maggio NAYS: Mr. Hammons ABSENT: Mr. Montgomery, Jr. ABSTAIN: none _____________________________ _____________________________ Jeff Free, President Phyllis McGraw, City Clerk New Business – The following ordinance offered and adopted: ORDINANCE NO. 95 OF 2023 AN ORDINANCE AMENDING ORDINANCE NO. 133 OF 2018, BY CHANGING THE ZONING CLASSIFICATION OF A CERTAIN TRACT OF LAND BEING 4.134 ACRES, MORE OR LESS, FROM R-A (RESIDENTIAL AGRICULTURE) TO B-3 (GENERAL BUSINESS) FOR WORD OF GOD MINISTRIES LOCATED AT 1790 SWAN LAKE ROAD, BOSSIER CITY, LOUISIANA. SECTION 1. BE IT ORDAINED by the City Council of Bossier City, Louisiana, in regular session convened, that Ordinance No. 133 of 2018 of the City Council of the City of Bossier City, Louisiana, is hereby amended to provide that the zoning classification is hereby changed from R-A (Residential Agriculture) to B-3 (General Business) for the following: 4.134 acres, more or less, located at 1790 Swan Lake Road, Bossier City, Louisiana, more particularly described as: BEGINNING at the intersection of the north line of a certain 4.253 acre tract described in Conveyance Book 1000, Page 434 of the records of Bossier Parish, Louisiana with the east right of way of Swan Lake Road as described in Conveyance Book 1515, Page 293 and Conveyance Book 1522, Page 542 of the records of Bossier Parish, Louisiana, thence proceed along the east right way of Swan Lake Road the following two courses and distances: North 18° 37' 50" West a distance of 49.87 feet to a Point; North 22° 03' 11" West a distance of 77.21 feet to the intersection of said right of way with the centerline of Benoit Bayou; thence leaving said right of way proceed along said centerline the following 13 courses and distances: North 74° 05' 27" East a distance of 116.74 feet; North 38° 15' 09" East a distance of 63.31 feet; North 44° 15' 55" East a distance of 194.52 feet; North 81° 44' 52" East a distance of 165.31 feet; South 70° 42' 08" East a distance of 51.92 feet; South 52° 13' 49" East a distance of 105.29 feet; South 63° 42' 57" East a distance of 152.38 feet; South 50° 27' 06" East a distance of 51.86 feet; South 31° 49' 55" East a distance of 76.32 feet; South 55° 13' 18" East a distance of 27.18 feet; South 72° 43' 18" East a distance of 90.16 feet; South 80° 53' 33" East a distance of 84.14 feet; North 60° 08' 03" East a distance of 70.01 feet to the northwest corner of Lot 7, Harrison Business Park, as recorded in Conveyance Book 808, Page 98 of the records of Bossier Parish, Louisiana; thence leaving said centerline proceed South 34° 13' 35" East along the west line of said Lot 7 a distance of 20.19 feet; thence leaving said west line proceed South 65° 35' 38" West a distance of 452.90 feet to the southeast corner of said 4.253 acre tract; thence proceed North 23° 17' 26" West along the east line of said tract a distance of 329.88 feet (deed call = 330 feet) to the northeast corner of said tract; thence proceed South 67° 42' 39" West along the north line of said tract a distance of 514.13 feet; to the POINT OF BEGINNING. The above and foregoing Ordinance was discussed and opened for public input at open and legal session convened, was on motion of Mr. Chris Smith and seconded by Mr. Don Williams and Page 7 of 35 adopted on this the 29th day of August, 2023. Further this Ordinance will publish on September 6, 2023 and will not become legal until 10 days following publication. AYES: Mr. Smith, Mr. Hammons, Mr. Darby, Mr. Williams, Mr. Free and Mr. Maggio NAYS: none ABSENT: Mr. Montgomery, Jr. ABSTAIN: none _____________________________ _____________________________ Jeff Free, President Phyllis McGraw, City Clerk C-ZON-000116-2023 Agenda Item called - Adopt a Resolution announcing the intention of the Bossier City Council to start the process of selecting a Charter Review Commission. Speaking against Resolution and in favor of moving petition forward to the voters were audience members: Wes Marriott, David Crockett, Lee Jeter, Sr. and Ronald Cheatham. Council Member Hammons spoke against Charter Review Commission at this time and noted he and Council Member Smith tried to do one before. Council Member Smith is in favor of calling a Charter Commission but also wants to see Petition moved forward onto ballot. The following Resolution offered and adopted: RESOLUTION NO 69 OF 2023 A RESOLUTION ANNOUNCING THE INTENTION OF THE BOSSIER CITY COUNCIL TO START THE PROCESS OF SELECTING A CHARTER REVIEW COMMISSION WHEREAS, Bossier City Charter was last amened almost 20 years ago in 2005; and WHEREAS, Bossier City Council acknowledges that Charter Commissions are necessary to review and make recommendations to make sure that the City Charter adequately reflects the needs of the Citizens of Bossier City; and WHEREAS, the City Charter is very specific on how a Charter Commission must be selected and sets explicit time restraints for the Commission to finish the process and make recommendations; and WHEREAS, before an Ordinance can be passed calling for a Charter Review Commission, said Ordinance must include names of City Council and Mayor appointees and a draft of proposed Charter change recommendations. WHEREAS, The commission shall consist of nine (9) appointed persons who must be registered voters and resident of the City of Bossier City. Each City Council member shall nominate one person for appointment to the commission and the Mayor shall nominate two people. All commissioners must be approved by Ordinance and by a simple majority vote of the City Council members. Should the proposed Charter Commission not be approved by majority vote of the Council, said Commission cannot be established nor authorized to proceed necessitating multiple nominations until such a Commission as a whole is approved by majority vote. NOW, THEREFORE, BE IT RESOLVED, by the City Council of Bossier City, Louisiana, in regular and legal session convened, that the City Council is in favor of establishing a Charter Commission pursuant to Chapter 21, Section 21.01 (a) of the City of Bossier City Charter and that the City Council and Mayor must present to the City Attorney and City Clerk, names and bios of their Charter Review Commission Candidates and a draft of recommended Charter changes by November 10, 2023. The above and foregoing Resolution was discussed and opened for public input at open and legal session convened, was on motion of Mr. Jeffery Darby and seconded by Mr. Don Williams, and adopted on this the 29th day of March, 2023. AYES: Mr. Smith, Mr. Darby, Mr. Williams, Mr. Free and Mr. Maggio NAYS: Mr. Hammons ABSENT: Mr. Montgomery, Jr. ABSTAIN: none _____________________________ _____________________________ Jeff Free, President Phyllis McGraw, City Clerk The following Resolution offered and adopted: Res 70 Of 2023 A RESOLUTION AUTHORIZING THE REMOVAL OF ONE AUTO MECHANIC I POSITION AND ADJUSTMENT OF SALARIES FOR FLEET SERVICES PERSONNEL AND HIRING OF ONE AUTO MECHANIC II POSITION DUE TO RESIGNATION IN THE FLEET SERVICES DEPARTMENT RESULTING IN A NET NEUTRAL CHANGE TO THE OPERATING BUDGET. _____________________________________________________________________________ Page 8 of 35 WHEREAS, Ordinance No. 76 of 2019 implemented a budgetary control requiring a resolution to be approved by the Bossier City Council prior to hiring or employment of any individual; and WHEREAS, the positions of Auto Mechanic I and Auto Mechanic II are vacant due to resignations in the Fleet Services department; and WHEREAS, filling both Auto Mechanic I and Auto Mechanic II positions has been unsuccessful; and WHEREAS, the current Fleet Services staff has taken on additional duties resulting from the vacancies; and WHEREAS, the duties of the entire department have also increased to keep up with existing workload; and WHEREAS, the elimination of the vacant Auto Mechanic I position would allow for a salary increase to each position within the Fleet Services Department; and WHEREAS, the removal of the Auto Mechanic I position and the salary adjustments of the remaining positions will result in a net neutral impact to the 2023 Fleet Services Department operating budget; NOW, THEREFORE, BE IT RESOLVED by the City Council of Bossier City, Louisiana, in regular session convened, that the Administration is authorized, through the Fleet Services Department, to proceed with removing one Auto Mechanic I position and adjusting the salaries of the existing Fleet Services Department personnel. NOW, THEREFORE, BE IT FURTHER RESOLVED by the City Council of Bossier City, Louisiana, in regular session convened, that the Administration, is authorized, through the Fleet Services Department, to hire one Auto Mechanic II position due to resignation in the department. The above and foregoing Resolution was discussed and opened for public input at open and legal session convened, was on motion of Mr. Don Williams and seconded by Mr. Chris Smith and adopted on this the 29th day of August, 2023. AYES: Mr. Smith, Mr. Hammons, Mr. Darby, Mr. Williams, Mr. Free and Mr. Maggio NAYS: none ABSENT: Mr. Montgomery, Jr. ABSTAIN: none ___________________________ _______________________ Jeff Free, President Phyllis McGraw, City Clerk The following Resolution offered and adopted: RESOLUTION 71 OF 2023 A RESOLUTION AUTHORIZING THE HIRING OF A CLERK TYPIST II FOR THE SEWER MAINT. DIVISION IN PUBLIC UTILTIES. BACKFILLING ANY POSITION THIS MAY CREATE. WHEREAS, Ordinance No. 76 of 2019 implemented a requirement assuring that the City department budgets not be exceeded by any hiring of any personnel; and WHEREAS, the position of is vacant due to 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 discussed and opened for public input at open and legal session convened, was on motion of Mr. Chris Smith and seconded by Mr. Don Williams and adopted on this the 29th day of August, 2023. AYES: Mr. Smith, Mr. Hammons, Mr. Darby, Mr. Williams, Mr. Free and Mr. Maggio NAYS: none ABSENT: Mr. Montgomery, Jr. ABSTAIN: none ___________________________ _______________________ Jeff Free, President Phyllis McGraw, City Clerk The following Resolution offered and adopted: RESOLUTION NO. 72 OF 2023 A RESOLUTION AUTHORIZING THE HIRING OF A SALES TAX AUDITOR DUE TO A RESIGNATION IN SALES TAX DEPARTMENT ______________________________________________________________________________ WHEREAS, Ordinance No. 76 of 2019 implemented a budgetary control requiring a resolution to be approved by the Bossier City Council prior to the hiring or employment of any individual receiving wages, compensation, or remuneration for any labor including temporary or contractual employment; and WHEREAS, the Sales Tax Department has an available position due to resignation of an employee; and Page 9 of 35 WHEREAS, this resignation provides for an opportunity to hire a replacement; and WHEREAS, this action will have no impact on the existing budget. NOW, THEREFORE, BE IT RESOLVED by the City Council of Bossier City, Louisiana, in regular session convened, that the administration is authorized to hire a Sales Tax Auditor, due to a resignation in the Sales Tax Department, with no impact to the existing budget. The above and foregoing Resolution was discussed and opened for public input at open and legal session convened, was on motion of Mr. Chris Smith and seconded by Mr. Vince Maggio and adopted on this the 29th day of August, 2023. AYES: Mr. Smith, Mr. Hammons, Mr. Darby, Mr. Williams, Mr. Free and Mr. Maggio NAYS: none ABSENT: Mr. Montgomery, Jr. ABSTAIN: none ___________________________ _______________________ Jeff Free, President Phyllis McGraw, City Clerk The following Resolution offered and adopted: RESOLUTION 73 OF 2023 A RESOLUTION AUTHORIZING THE HIRING OF A UTILITY WORKER FOR THE WATER DISTRIBUTION DIVISION IN PUBLIC UTILTIES. BACKFILLING ANY POSITION THIS MAY CREATE. WHEREAS, Ordinance No. 76 of 2019 implemented a requirement assuring that the City department budgets not be exceeded by any hiring of any personnel; and WHEREAS, the position of is vacant due to resignation; 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 discussed and opened for public input at open and legal session convened, was on motion of Mr. Chris Smith and seconded by Mr. Don Williams and adopted on this the 29th day of August, 2023. AYES: Mr. Smith, Mr. Hammons, Mr. Darby, Mr. Williams, Mr. Free and Mr. Maggio NAYS: none ABSENT: Mr. Montgomery, Jr. ABSTAIN: none ___________________________ _______________________ Jeff Free, President Phyllis McGraw, City Clerk The following Resolution offered and adopted: RESOLUTION 74 Of 2023 A RESOLUTION AUTHORIZING THE HIRING OR PROMOTION OF A RECREATION MAINTENANCE WORKER II AND BACKFILLING ANY POSITION THIS MAY CREATE FOR THE PARKS & RECREATION DEPARTMENT WHEREAS, Ordinance No. 76 of 2019 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 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 discussed and opened for public input at open and legal session convened, was on motion of Mr. Chris Smith and seconded by Mr. Don Williams and adopted on this the 29th day of August, 2023. AYES: Mr. Smith, Mr. Hammons, Mr. Darby, Mr. Williams, Mr. Free and Mr. Maggio NAYS: none ABSENT: Mr. Montgomery, Jr. ABSTAIN: none ___________________________ _______________________ Jeff Free, President Phyllis McGraw, City Clerk Page 10 of 35 The following Resolution offered and adopted: RESOLUTION 75 Of 2023 A RESOLUTION FOR PUBLIC WORKS TO FILL A FULL TIME DISPATCHER/CONTROL CLERK POSITION IN THE PUBLIC WORKS DEPARTMENT DUE TO A VACANCY AND BACKFILL ANY VACANCY THIS CREATES WHEREAS, Ordinance No. 76 of 2019 implemented a requirement assuring that the City department budgets not be exceeded by any hiring of any personnel; and WHEREAS, there is a vacant Dispatcher/Control Clerk position in Public Works Solid Waste 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 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 discussed and opened for public input at open and legal session convened, was on motion of Mr. Chris Smith and seconded by Mr. Vince Maggio and adopted on this the 29th day of August, 2023. AYES: Mr. Smith, Mr. Hammons, Mr. Darby, Mr. Williams, Mr. Free and Mr. Maggio NAYS: none ABSENT: Mr. Montgomery, Jr. ABSTAIN: none ___________________________ _______________________ Jeff Free, President Phyllis McGraw, City Clerk By: Mr. Smith Motion to adopt a Resolution ordering and calling a special election to be held in the City of Bossier City, State of Louisiana, to vote upon the adoption of amendments to the current City Charter of the City of Bossier City; making application to the State Bond Commission and providing for other matters in connection therewith. Seconded by Mr. Hammons Audience Members Wes Marriott, David Crockett, Lee Jeter and David Johnson spoke in favor of Resolution and demanded the Council to place term limits on ballot. Mayor spoke on need to do what citizens want and place petition on ballot. Council Member Mr. Smith and City Attorney, Charles Jacobs discussed Petition certification issues and possible legal issues with moving item forward to ballot and not moving item forward on the ballot. No further comment Motion failed with the following votes: Yeas: Mr. Smith and Mr. Hammons Nays: Mr. Darby, Mr. Williams, Mr. Free and Mr. Maggio Absent: Mr. Montgomery, Jr. Abstain: none By: Mr. Smith Motion to approve Parade Permit Fee Waiver for Airline High School Homecoming Parade, October 5, 2023. Seconded by Mr. Williams No comment Vote in favor of motion is unanimous By: Mr. Smith Motion to approve Parade Permit Fee Waiver for Parkway High School Homecoming Parade, October 5, 2023. Seconded by Mr. Maggio No comment Vote in favor of motion is unanimous Reports – Angela Williamson, Finance Director – gave monthly Finance Report for month ending July 2023. She noted revenues were over budget by 27%, expenses were 6% under budget and Sales taxes Page 11 of 35 were 5.5% under budget and explained the overages and the under budgets. She also went over manning report and water and sewer funds report. Ben Rauschenbach, Engineering – went over monthly Project Report. He reported that city currently has $73 Million in ongoing design and construction and went over some of the individual projects. He also noted ongoing private construction throughout the City. There being no further business to come before this Council, Council President Free adjourned the meeting at 4:21PM Respectfully submitted: Phyllis McGraw City Clerk Publish: September 6, 2023 Bossier Press Tribune Page 12 of 35 City of Bossier City ITEM FACT SHEET Regular Council Meeting Date: Regular Council - Sep 05 2023 Department: Public Utilities & Engineering Prepared by: Clinton Patrick, Assistant City Engineer Sponsor: Benjamin Rauschenbach, Public Utilities Manager and City Engineer Submitted: August 23, 2023 ☐ NOTED: ☒ RECOMMENDED BY: Thomas Chandler, Mayor TITLE: Adopt an Ordinance to approve report of change order 10 for the (LTRI) Louisiana Technology Research Institute Bossier with an increase in project cost of $87,170.17 and to declare the project complete. EXPLANATION OF PROPOSAL: Final Change Order for LTRI. COST/BUDGET DATA: Increase contract price by $87,170.17 and add 57 calendar days to the project and to close out the project. No additional funds requested for allocation. COUNCIL DATE REQUESTED: Regular Council - Sep 05 2023 ATTACHMENTS: Change Order #10 Ordinance Reviewed By: Clinton Patrick, Assistant City Engineer Approved - Aug 23 2023 Angela Williamson, Finance Director Approved - Aug 23 2023 Charles Jacobs, CA Approved - Aug 24 2023 Thomas Chandler, Mayor Approved - Aug 24 2023 Phyllis McGraw, City Clerk Approved - Aug 24 2023 Page 13 of 35 The following Ordinance offered and adopted: ORDINANCE NO. ________ OF 2023 ADOPT AN ORDINANCE TO APPROVE REPORT OF CHANGE ORDER 10 FOR THE (LTRI) LOUISIANA TECHNOLOGY RESEARCH INSTITUTE BOSSIER WITH AN INCREASE IN PROJECT COST OF $87,170.17 AND TO DECLARE THE PROJECT AS COMPLETE. WHEREAS; Ordinance No. 41 of 2020 appropriated $1,000,000.00 to come from the 2016 Sales Tax Bond Issue to Fund Part of the Required $2.5 Million for Furniture, Fixtures, and Equipment for Construction; and WHEREAS; the State of Louisiana Facility Planning and Control Division of Administration is reimbursing the construction costs at 100%, excluding change orders, and being that there is funds available from Ordinance 41 of 2020 to cover change order increase in Contract price to Boggs & Poole Contracting Group, via Changer Order No. 10 in the amount of $87,170.17; and NOW, THEREFORE, BE IT RESOLVED, in regular session convened that the City Council of Bossier City, Louisiana, agrees to adopt an Ordinance to amend the Construction Contract for an increase in price of $87,170.17 and an increase of fifty-seven (57) calendar days for this project as described and re-appropriate allocation of funding from the furniture, fixtures, and equipment funds. The above and foregoing Ordinance was read in full at open and legal session convened, was on motion of ___________________, and seconded by ___________________, and adopted on the 19th, day of September, 2023, by the following vote: AYES: NAYS: Page 14 of 35 ABSENT: ABSTAIN: _____________________________________ Jeff Free, President ______________________________________ Phyllis McGraw, City Clerk Page 15 of 35 City of Bossier City INTRO: Sep 05 2023 ITEM FACT SHEET NOTICE: ADOPT: Aug 29 2023 Sep 05 2023 Regular Council Meeting Date: Regular Council - Sep 05 2023 Department: Public Utilities Prepared by: Benjamin Rauschenbach, Public Utilities Manager and City Engineer Sponsor: Amanda Nottingham, Chief Administrative Officer Submitted: August 29, 2023 ☐ NOTED: ☒ RECOMMENDED BY: Thomas Chandler, Mayor TITLE: An Ordinance amending Ordinance 82 of 2023 that declared that an emergency did exist in the City of Bossier City which affected property, public health, and safety due to the requirement to restore a collapsed sewer main along Bardot Lane adding an additional $50,000.00 to the project to come from Sewer Capital Contingency funds. EXPLANATION OF PROPOSAL: The Public Utilities Department responded to an emergency sewer main collapse on Bardot Lane requiring immediate action to restore the gravity sewer collection system. The Public Utilities Department needs emergency support to make the repair due to the size, scale, depth, and repair location. COST/BUDGET DATA: Ordinance 82 of 2023 appropriated $600,000 from the Sewer Capital Contingency Fund. The total cost to completed the project is estimated to cost an additional $50,000.00. An additional $50,000.00 shall be appropriated from the Sewer Capital Contingency Fund. COUNCIL DATE REQUESTED: Regular Council - Sep 05 2023 ATTACHMENTS: 2023 Emergeny Ordinance AMENDMENT Bardot Sewer Main Repair Reviewed By: Benjamin Rauschenbach, Public Utilities Manager Approved - Aug 29 2023 and City Engineer Angela Williamson, Finance Director Approved - Aug 29 2023 Page 16 of 35 Charles Jacobs, CA Approved - Aug 29 2023 Thomas Chandler, Mayor Approved - Aug 31 2023 Phyllis McGraw, City Clerk Approved - Aug 31 2023 Page 17 of 35 The following Ordinance offered and adopted: Ordinance No. Of 2023 AN ORDINANCE AMENDING ORDINANCE 82 OF 2023 THAT DECLARED THAT AN EMERGENCY DID EXIST IN THE CITY OF BOSSIER CITY WHICH AFFECTED PROPERTY, PUBLIC HEALTH, AND SAFETY DUE TO THE REQUIREMENT TO RESTORE A COLLAPSED SEWER MAIN ALONG BARDOT LANE ADDING AN ADDITIONAL $50,000.00 TO THE PROJECT TO COME FROM SEWER CAPITAL CONTINGENCY FUNDS. WHEREAS, the Public Utilities Department responded to an emergency sewer main collapse on Bardot Lane requiring immediate action to restore the gravity sewer collection system; and WHEREAS, the Public Utilities Department needs emergency support to make the repair due to the size, scale, depth, and repair location; and WHEREAS, Ordinance 82 of 2023 appropriated $600,000 from the Sewer Capital Contingency Fund; and WHEREAS, the total cost to complete the project is estimated to cost an additional $50,000.00; and WHEREAS, an additional $50,000.00 shall be appropriated from the Sewer Capital Contingency Fund. NOW, THEREFORE, BE IT RESOLVED, in regular session convened that the City Council of Bossier City, Louisiana, does hereby declare that an emergency exists and authorizes the Mayor to appropriate an additional $50,000.00 to come from the Sewer Capital and Contingency fund to supplement Ordinance 82 of 2023 to be used for the purpose of making repairs to restore the sewer collection system on Bardot Lane; and authorizes the City to enter into any necessary contracts for completion of the work. BE IT FURTHER ORDAINED, that the Mayor is authorized to sign any and all documents in connection with the furtherance of this Ordinance. BE IT FURTHER ORDAINED, that the 2023 Sewer Capital and Contingency Budget is hereby amended to increase expenditures for required repairs by $50,000.00 and decrease Fund Balance by $50,000.00. The above and foregoing Report was read in full at open and legal session convened, was on motion of ___________________, and seconded by ___________________, and adopted on the 5, day of September 2023, by the following vote: AYES: NAYS: ABSENT: ABSTAIN: ___________________________ Jeff Free, President ____________________________ Phyllis McGraw, City Clerk Page 18 of 35 City of Bossier City ITEM FACT SHEET Regular Council Meeting Date: Regular Council - Sep 05 2023 Department: Finance Prepared by: Ashley Ross, Accountant I Sponsor: Angela Williamson, Finance Director Submitted: August 29, 2023 ☐ NOTED: ☒ RECOMMENDED BY: Thomas Chandler, Mayor TITLE: A resolution authorizing and approving the engagement of Bingham Arbitrage Rebate Services, Inc. to provide professional arbitrage rebate services to the city of bossier city. EXPLANATION OF PROPOSAL: To engage for professional arbitrage rebate services. COUNCIL DATE REQUESTED: Regular Council - Sep 05 2023 ATTACHMENTS: Resolution for Bingham Arbitrage Rebate Services Bossier City, LA Series 2017 $6.45MM - 2nd Installment Fee Quote Reviewed By: Angela Williamson, Finance Director Approved - Aug 31 2023 Charles Jacobs, CA Approved - Aug 31 2023 Thomas Chandler, Mayor Approved - Aug 31 2023 Phyllis McGraw, City Clerk Approved - Aug 31 2023 Page 19 of 35 The following Resolution offered and adopted: RESOLUTION NO. OF 2023 A RESOLUTION AUTHORIZING AND APPROVING THE ENGAGEMENT OF BINGHAM ARBITRAGE REBATE SERVICES, INC. TO PROVIDE PROFESSIONAL ARBITRAGE REBATE SERVICES TO THE CITY OF BOSSIER CITY. ________________________________________________________________ ______________ WHEREAS, Bingham Arbitrage Rebate Services, Inc., has conducted arbitrage rebate services for the City’s outstanding bond issues that require ongoing arbitrage compliance reporting in previous years; and WHEREAS, the City is required to have arbitrage rebate calculations for outstanding bond issues that require ongoing arbitrage compliance reporting annually until such time the calculations are no longer required; NOW, THEREFORE, BE IT RESOLVED, that the City Council of Bossier City, in regular session convened, that the Director of Finance, is hereby authorized to execute a contract with Bingham Arbitrage Rebate Services, Inc. and said contract is hereby approved. The above and foregoing Resolution, read in full at open and legal session convened, was on motion of __________ and seconded by ___________, and adopted on the ________day of_________, 2023, by the following vote: AYES: NAYS: ABSENT: ABSTAIN: ___________________________ _______________________ Jeff Free, President Phyllis McGraw, City Clerk Page 20 of 35 August 28, 2023 VIA EMAIL TRANSMISSION Ms. Angela Williamson, Finance Director City of Bossier City 620 Benton Road Bossier City, LA 71111 RE: Arbitrage Rebate Compliance $6,450,000 Louisiana Local Government Environmental Facilities and Community Development Authority Revenue Bonds (City of Bossier City, Louisiana Project) Series 2017 Dear Angela, Bingham Arbitrage Rebate Services, Inc. enjoyed working with your office on the recent installment arbitrage rebate review for the above-referenced bond issue. We are pleased to submit a quote for the second installment period. NATURE AND SCOPE OF SERVICES The U. S. Congress has long considered the use of tax-exempt bond proceeds to invest in higher yielding taxable obligations to be abusive. In enacting Section 148 of the Internal Revenue Code of 1986 (the “Tax Code”), Congress adopted an approach to controlling the abuse. Section 148(a) generally prohibits the investment of tax-exempt bond proceeds in taxable obligations with a yield materially higher than the bond yield. Section 148(f) requires the “rebate” to the United States Treasury of any allowable arbitrage profits. There are, of course, certain specific exceptions to both the yield restriction and the rebate requirements. Within 45 – 60 days following the next ensuing computation date for the Bonds or on such other day as we may mutually agree, Bingham will prepare and provide the following: 1. A written report (the “Report”) setting forth a calculation of any arbitrage rebate and yield reduction payments and any related interest or penalties due to the United States Treasury with respect to the Bonds in compliance with Section 148 of the Internal Revenue Code of 1986 (the “Tax Code”); and 2. Form 8038-T for filing with the Internal Revenue Service (“IRS”), if the Report indicates that amounts are owed to the United States Treasury. The Report and the Form 8038-T (if required) will cover the period from October 1, 2022 through October 1, 2027. In the preparation of the Report and, if required, the Form 8038-T, Bingham will among other things determine the amount of the gross proceeds of the Bonds (including the investment proceeds) and the dates and amounts of the expenditures of such gross proceeds and assess whether such gross proceeds may qualify for the spending and other exceptions to the rebate and yield restriction requirements of Section 148 of the Tax Code. Page 21 of 35 Please note that you will have the ultimate responsibility for obtaining the signature of an authorized representative of the Issuer on the Form 8038-T and ensuring it is filed with the Internal Revenue Service by the date specified in the Report, along with the required payment. CLIENT RESPONSIBILITIES For Bingham to provide you with the highest level of service, we must rely on you to provide, in a timely manner, the transcript of the financing documents and closing certificates for the Bonds, including the tax or arbitrage certificate and the IRS Form 8038, 8038-G or 8038-GC, any amendments to or modifications of such documents and certificates and the information regarding the investment and expenditure of the gross proceeds of the Bonds that we may request. You may have to obtain, or arrange for Bingham to obtain, such information from your bond counsel, the trustee for the Bonds or other professionals. For the Report, we will need all of the Hancock Whitney Bank statement history from October 1, 2022 through current date. For future bank statements, please ask the bank to set Bingham up for online access. The documentation and information requested for the arbitrage rebate calculations should cover the entire history of the Bonds. Any investment changes that occurred during our review period would be considered necessary. We will not audit or otherwise independently verify the correctness of the information you provide. However, we may ask you to clarify any of the information. PERIOD OF THE ENGAGEMENT We expect to begin the preparation of your Report and Form 8038-T (if required) upon receipt of a signed copy of this proposal and all of the documents and information requested. Our services will conclude upon our delivery to you of the Report and Form 8038-T (if required) in a form suitable for execution by your authorized representative and filing with the IRS. You are responsible for reviewing the accuracy of Form 8038-T and any accompanying schedules and statements prior to filing. Evaluation Date: October 1, with the second installment period ending October 1, 2027. Bingham will provide an up-to-date calculation through October 1, 2023 and continue with annual updates through the second installment date October 1, 2027, or until gross proceeds are spent in full, whichever occurs first. FEE QUOTE Factors involved in our fees include the size and complexity of an issue, the number of funds included in the calculation, the type of calculation required, commingled money, and if Investment Agreements are a factor for the issue. Every issue is structured differently and our fees vary on a case-by-case basis. For this Issue, we will review for ongoing compliance with Section 148 of the Internal Revenue Code, which governs arbitrage rebate for tax-advantaged transactions. Arbitrage Rebate Services Fees Years 6 - 10 $600 per year 2 Page 22 of 35 FEES (continued) Additional Fees That May Apply 2 Fees Excess Yield Calculation (Years 6 – 10) 3 $150 per year $325 (less than 2 hours) Reviews for interim periods $680 (more than 2 hours/ up to 4 hours) $175 per hour (after 4 hours) 2 Additional fees will only be added if applicable. 3 If gross proceeds remain outstanding beyond the Three-Year temporary period, the EYC calculation will apply. Invoices will be sent along with our reports. Payment is expected within 30 days of the invoice date. Bingham may withdraw or renegotiate this contract if our involvement is greater than originally anticipated. This would include Bingham’s time commitment increasing if it became necessary to research and locate missing investment activity, or if bond proceeds are mixed with other non-proceeds funds. EXPIRATION If Bingham has not received a signed copy of this proposal and all of the documents and investment information requested within 90 days after the date hereof, we will assume you no longer need or want our services. We may withdraw from this engagement without completing or delivering the Report or Form 8038-T to you. Such withdrawal will terminate our engagement. RECORD RETENTION Bingham’s policy is to return to you any information you transmit to us in original form or in hard copy as, or when, we complete this engagement. We ask that you pick up the originals or hard copies within 30 days after we notify you of their availability. After 30 days, you agree that we may return your information to you at your last known address via U.S. Mail or 2-day delivery service at your request. Our responsibility for your originals and hard copies ends when you pick them up or we deposit them in the U.S. Mail or with the 2-day delivery service. Bingham’s current policy is to keep our records related to this engagement in electronic format for six years from the end of this engagement. USE OF THE INTERNET AND CLOUD SERVICES To facilitate the provision of our services to you, we may send data over the Internet, store electronic data via computer software applications hosted remotely on the Internet or allow access to data through third party vendors’ secured portals or clouds. Your electronic data may be transmitted or stored using these methods. We may use third party service providers to store or transmit this data. In using these data transmission and storage methods, Bingham employs reasonable measures designed to maintain data security and we require our third-party vendors to do the same. 3 Page 23 of 35 You acknowledge and agree that Bingham has no control over the unauthorized interception or breach of any communications or data once it has been sent or has been subject to unauthorized access, notwithstanding all reasonable security measures employed by us or our third-party vendors. You consent to our use of these electronic devices and applications and submission of confidential client information to third party service providers during this engagement. SEVERABILITY If any term of this engagement letter is to any extent invalid, illegal or unenforceable, such term shall be excluded to the extent that it is invalid, illegal or unenforceable. All other terms shall remain in full force and effect. ENTIRE AGREEMENT This engagement letter constitutes the entire agreement between Bingham and you regarding the calculation of any arbitrage rebate and yield reduction payments and any related interest or penalties due to the United States Treasury with respect to the Bonds. You acknowledge that there are no other agreements (either oral or written) with Bingham regarding such matters. No additional terms, or modification or waiver of any previously agreed-upon terms, are valid unless agreed to in writing by both Bingham and you. FINANCIAL ADVISOR DISCLAIMER By engaging Bingham to provide the services described in this document, the City of Bossier City acknowledges that Bingham (1) is not recommending actions or providing advice to the City of Bossier City, and (2) does not owe a fiduciary duty to the City of Bossier City, as described by Section 15B of the Securities Exchange Act of 1934. The City of Bossier City should consult with the appropriate transaction professionals for legal and financial advice. If you agree with these terms, please have an authorized representative sign as indicated below and return electronically to Bingham at your earliest convenience. Bingham has implemented a “Green Initiative,” and all compliance reports are now sent to your office electronically. However, if you prefer an original hard copy of the installment date report, please let us know. We are happy to place one in the mail upon request. I hope these fees meet with your approval. Please feel free to call me at (804) 864-9564 if you have any questions. Thank you and I look forward to hearing from you. Sincerely, Kim A. Hoyt President 4 Page 24 of 35 SIGNATURE PAGE _______________________________ Signature _______________________________ Name (printed) _______________________________ Title _______________________________ Date 5 Page 25 of 35 City of Bossier City ITEM FACT SHEET INTRO: Sep 05 2023 Regular Council Meeting Date: Regular Council - Sep 05 2023 Department: Public Affairs Prepared by: Thomas Chandler, Mayor Sponsor: Thomas Chandler, Mayor Submitted: August 31, 2023 ☐ NOTED: ☒ RECOMMENDED BY: Thomas Chandler, Mayor TITLE: A resolution ordering and calling a special election to be held in the City of Bossier City, State of Louisiana, to vote upon the adoption of amendments to the current City Charter of the City of Bossier City; making application to the State Bond Commission and providing for other matters in connection therewith. EXPLANATION OF PROPOSAL: A resolution ordering and calling a special election in the City of Bossier City to vote upon the adoption of amendments to the current City Charter of the City of Bossier City. COST/BUDGET DATA: Cost to be determined by the Secretary of State. COUNCIL DATE REQUESTED: Regular Council - Sep 05 2023 ATTACHMENTS: Term Limits Election Resolution Reviewed By: Thomas Chandler, Mayor Approved - Aug 31 2023 Angela Williamson, Finance Director Approved - Aug 31 2023 Charles Jacobs, CA Approved - Aug 31 2023 Thomas Chandler, Mayor Approved - Aug 31 2023 Phyllis McGraw, City Clerk Approved - Aug 31 2023 Page 26 of 35 The following resolution was offered by __________________________________ and seconded by _______________________________________: RESOLUTION A resolution ordering and calling a special election to be held in the City of Bossier City, State of Louisiana, to vote upon the adoption of amendments to the current City Charter of the City of Bossier City; making application to the State Bond Commission and providing for other matters in connection therewith. BE IT RESOLVED by the City Council of the City of Bossier City, State of Louisiana (the "Governing Authority"), acting as the governing authority of the City of Bossier City, State of Louisiana (the "City"), that: SECTION 1. Election Call. Subject to the approval of the State Bond Commission, and under the authority conferred by the Constitution of the State of Louisiana of 1974, including Article VI, Sections 5, and 22 thereof, the applicable provisions of the Louisiana Election Code, and other constitutional and statutory authority, a special election is hereby called and ordered to be held in the City on SATURDAY, NOVEMBER 18, 2023, between the hours of seven o'clock (7:00) a.m. and eight o'clock (8:00) p.m., in accordance with the provisions of La. R.S. 18:541, and at the said election there shall be submitted to all registered voters qualified and entitled to vote at the said election under the Constitution and laws of this State and the Constitution of the United States, the following propositions, to-wit: CHARTER AMENDMENT PROPOSITION NO. 1 OF 2 Shall Section 3.01(b) of the City Charter for Bossier City be amended to read as follows: Members of the City Council shall be eligible for re-election. No person shall be eligible for election to the office for more than three (3) terms and said term limit applies to all who have held the office, past and present? CHARTER AMENDMENT PROPOSITION NO. 2 OF 2 Shall Section 4.01 of the City Charter for Bossier City be amended to read as follows: The Mayor shall be elected according to the laws of the state, serve a term of four (4) years, and be eligible for re-election. The term of office shall begin on July 1 of the year in which he/she was elected. No person shall be eligible for election to the office for more than three (3) terms and said term limit applies to all who have held the office, past and present? SECTION 2. Publication of Notice of Election. A Notice of Special Election shall be published in the official journal of the City once a week for four consecutive weeks, with the first publication to be made not less than forty-five (45) days nor more than ninety (90) days prior to the date of the election, which Notice shall be substantially in the form attached hereto as "Exhibit A" and incorporated herein by reference the same as if it were set forth herein in full. Notwithstanding the foregoing, prior to the publication of the Notice of Election, the Mayor is authorized and directed to make any amendments to the foregoing propositions that may be required to comply with any state or federal regulatory agencies. SECTION 3. Canvass. This Governing Authority shall meet at its regular meeting place, the City Hall, 620 Benton Road, Bossier City, Louisiana, on TUESDAY, DECEMBER 5, 2023, at THREE O'CLOCK (3:00) P.M., and shall then and there in open and public session proceed to examine and canvass the returns and declare the result of the said special election. SECTION 4. Polling Places. The polling places for the precincts set forth in the aforesaid Notice of Special Election are hereby designated as the polling places at which to hold the said election, and the Commissioners-in-Charge and Commissioners, respectively, will be the same persons as those designated in accordance with law. SECTION 5. Election Commissioners; Voting Machines. The officers designated to serve as Commissioners-in-Charge and Commissioners pursuant to Section 4 hereof, or such substitutes therefor as may be selected and designated in accordance with La. R.S. 18:1287, shall hold the said special election as herein provided, and shall make due returns of said election for the meeting of the Governing Authority to be held as provided in Section 3 hereof. All registered voters in the City will be entitled to vote at the special election, and voting machines shall be used. Page 27 of 35 SECTION 6. Authorization of Officers. The City Clerk of the City is hereby empowered, authorized and directed to arrange for and to furnish to said election officers in ample time for the holding of said election, the necessary equipment, forms and other paraphernalia essential to the proper holding of said election and the Mayor and/or City Clerk of the City are further authorized, empowered and directed to take any and all further action required by State and/or Federal law to arrange for the election. SECTION 7. Furnishing Election Call to Election Officials. Certified copies of this resolution shall be forwarded to the Secretary of State, the Clerk of Court and Ex-Officio Parish Custodian of Voting Machines of Bossier Parish and the Registrar of Voters of Bossier Parish, as notification of the special election, in order that each may prepare for said election and perform their respective functions as required by law. SECTION 8. Application to State Bond Commission. Application is made to the State Bond Commission for consent and authority to hold the special election as herein provided, and in the event said election carries for further consent and authority to amend the City Charter of the City of Bossier City. A certified copy of this resolution shall be forwarded to the State Bond Commission on behalf of this Governing Authority, together with a letter requesting the prompt consideration and approval of this application. This resolution having been submitted to a vote, the vote thereon was as follows: YEAS: NAYS: ABSENT: And the resolution was declared adopted on this, the 5th day of September, 2023. /s/ Phyllis McGraw /s/ Jeff Free City Clerk President Page 28 of 35 EXHIBIT "A" NOTICE OF SPECIAL ELECTION Pursuant to the provisions of a resolution adopted by the City Council of the City of Bossier City, State of Louisiana (the "Governing Authority"), acting as the governing authority of the City of Bossier City, State of Louisiana (the "City"), on September 5, 2023, NOTICE IS HEREBY GIVEN that a special election will be held within the City on SATURDAY, NOVEMBER 18, 2023, and that at the said election there will be submitted to all registered voters in the City qualified and entitled to vote at the said election under the Constitution and Laws of the State of Louisiana and the Constitution of the United States, the following propositions, to-wit: CHARTER AMENDMENT PROPOSITION NO. 1 OF 2 Shall Section 3.01(b) of the City Charter for Bossier City be amended to read as follows: Members of the City Council shall be eligible for re-election. No person shall be eligible for election to the office for more than three (3) terms and said term limit applies to all who have held the office, past and present? CHARTER AMENDMENT PROPOSITION NO. 2 OF 2 Shall Section 4.01 of the City Charter for Bossier City be amended to read as follows: The Mayor shall be elected according to the laws of the state, serve a term of four (4) years, and be eligible for re-election. The term of office shall begin on July 1 of the year in which he/she was elected. No person shall be eligible for election to the office for more than three (3) terms and said term limit applies to all who have held the office, past and present? The said special election shall be held at the polling places for the following precincts, which polls will open at seven o'clock (7:00) a.m. and close at eight o'clock (8:00) p.m., in accordance with the provisions of La. R.S. 18:541, to wit: PRECINCTS The polling places for the precincts set forth above are hereby designated as the polling places at which to hold the said election, and the Commissioners-in-Charge and Commissioners, respectively, shall be those persons designated according to law. The estimated cost of this election as determined by the Secretary of State based upon the provisions of Chapter 8-A of Title 18 and actual costs of similar elections is $____________. The said special election will be held in accordance with the applicable provisions of Chapter 5 and Chapter 6-A of Title 18 of the Louisiana Revised Statutes of 1950, as amended, and other constitutional and statutory authority, and the officers appointed to hold the said election, as provided in this Notice of Special Election, or such substitutes therefor as may be selected and designated in accordance with La. R.S. 18:1287, will make due returns thereof to said Governing Authority, and NOTICE IS HEREBY FURTHER GIVEN that the Governing Authority will meet at its regular meeting place, the City Hall, 620 Benton Road, Bossier City, Louisiana, on TUESDAY, DECEMBER 5, 2023, at THREE O'CLOCK (3:00) P.M., and shall then and there in open and public session proceed to examine and canvass the returns and declare the result of the said special election. All registered voters of the City are entitled to vote at said special election and voting machines will be used. Page 29 of 35 STATE OF LOUISIANA PARISH OF BOSSIER I, the undersigned City Clerk of the City of Bossier City, State of Louisiana (the "City"), do hereby certify that the foregoing pages constitute a true and correct copy of the proceedings taken by the City Council of Bossier City, Louisiana, on September 5, 2023, ordering and calling a special election to be held in the City, to vote upon the adoption of amendments to the current City Charter of the City; making application to the State Bond Commission and providing for other matters in connection therewith. IN FAITH WHEREOF, witness my official signature at Bossier City, Louisiana, on this, the 5th day of September, 2023. ____________________________________ City Clerk Page 30 of 35 City of Bossier City ITEM FACT SHEET Regular Council Meeting Date: Regular Council - Sep 05 2023 Department: Legal Prepared by: Jennifer Emert, Secretary Sponsor: Charles Jacobs, CA Submitted: August 31, 2023 ☐ NOTED: ☐ RECOMMENDED BY: TITLE: A Resolution asking for the Bossier Parish Registrar of Voters to decertify the petition from the Bossier Term Limits Coalition calling for a special election for term limits for the Bossier City Council and Bossier City Mayor due to the petition failing to meet all requirements of Louisiana Revised Statute 18:3. COUNCIL DATE REQUESTED: Regular Council - Sep 05 2023 ATTACHMENTS: Res to decertify petition 8.31.23 Reviewed By: Charles Jacobs, CA Approved - Aug 31 2023 Angela Williamson, Finance Director Approved - Aug 31 2023 Thomas Chandler, Mayor Approved - Aug 31 2023 Phyllis McGraw, City Clerk Approved - Aug 31 2023 Page 31 of 35 The following Resolution offered and adopted: RESOLUTION NO __ OF 2023 A RESOLUTION ASKING FOR THE BOSSIER PARISH REGISTRAR OF VOTERS TO DECERTIFY THE PETITION FROM THE BOSSIER TERM LIMITS COALITION CALLING FOR A SPECIAL ELECTION FOR TERM LIMITS FOR THE BOSSIER CITY COUNCIL AND BOSSIER CITY MAYOR DUE TO THE PETITION FAILING TO MEET ALL REQUIREMENTS OF LOUISIANA REVISED STATUTE 18:3 WHEREAS, The City of Bossier City was presented a petition from the Bossier Term Limits Coalition for calling a Special Election for term limits for the Bossier City Council and Bossier City Mayor; and WHEREAS, the petition was certified on July 10, 2023, by the Bossier Parish Registrar of Voters; and WHEREAS, the Bossier City Council acknowledges receipt of the petition and the certification however believe that the petition was certified improperly due to all the requirements of Louisiana R.S. 18:3 have not been met, including the requirement of La. R.S. Section 18:3 (A) (3) the inclusion of the signer’s year of birth; NOW, THEREFORE, BE IT RESOLVED, by the City Council of Bossier City, Louisiana, in regular and legal session convened, that the City Council does hereby request the Bossier Parish Registrar of Voters to decertify the petition from the Bossier Term Limits Coalition calling for a Special Election for term limits for the Bossier City Council and Bossier City Mayor due to the petition failing to meet all the requirements of Louisiana Revised Statute 18:3 The above and foregoing Resolution was discussed and opened for public input at open and legal session convened, was on motion of ______________ and seconded by _____________, and adopted on this the ____day of ________ 2023. AYES: NAYS: ABSENT: ABSTAIN: ___________________________ Jeff Free, President ___________________________ Phyllis McGraw, City Clerk Page 32 of 35 Page 33 of 35 City of Bossier City ITEM FACT SHEET Regular Council Meeting Date: Regular Council - Sep 05 2023 Department: Legal Prepared by: Jennifer Emert, Secretary Sponsor: Charles Jacobs, CA Submitted: August 31, 2023 ☐ NOTED: ☐ RECOMMENDED BY: TITLE: A Resolution authorizing the City Attorney to take legal action to determine the validity of the certification of the petition of the Bossier Term Limits Coalition. COUNCIL DATE REQUESTED: Regular Council - Sep 05 2023 ATTACHMENTS: Res to authorize CA to take legal action 8.31.23 Reviewed By: Charles Jacobs, CA Approved - Aug 31 2023 Angela Williamson, Finance Director Approved - Aug 31 2023 Thomas Chandler, Mayor Approved - Aug 31 2023 Phyllis McGraw, City Clerk Approved - Aug 31 2023 Page 34 of 35 The following Resolution offered and adopted: RESOLUTION NO __ OF 2023 A RESOLUTION AUTHORIZING THE CITY ATTORNEY TO TAKE LEGAL ACTION TO DETERMINE THE VALIDITY OF THE CERTIFICATION OF THE PETITION OF THE BOSSIER TERM LIMITS COALITION. WHEREAS, The City of Bossier City was presented a petition from the Bossier Term Limits Coalition for calling a Special Election for term limits for the Bossier City Council and Bossier City Mayor; and WHEREAS, the petition was purportedly certified on July 10, 2023, by the Bossier Parish Registrar of Voters; and WHEREAS, the Bossier City Council acknowledges receipt of the petition but the validity and sufficiency of the “certification” by the Bossier Parish Registrar of Voters has been called into question. The certification may have been improper as all the requirements of Louisiana R.S. 18:3 have not been met, including the requirement of La R.S. Section 18:3 (A) (3) inclusion of the signer’s year of birth; NOW, THEREFORE, BE IT RESOLVED, by the City Council of Bossier City, Louisiana, in regular and legal session convened, that the City Council does hereby authorize the City Attorney to take legal action to determine the validity of the certification of the petition of the Bossier Term Limits Coalition due to the petition failing to meet all the requirements of Louisiana Revised Statute 18:3 The above and foregoing Resolution was discussed and opened for public input at open and legal session convened, was on motion of ______________ and seconded by _____________, and adopted on this the ____day of ________ 2023. AYES: NAYS: ABSENT: ABSTAIN: ___________________________ Jeff Free, President ___________________________ Phyllis McGraw, City Clerk Page 35 of 35

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