City Council

AGENDA SULPHUR CITY COUNCIL MEETING MONDAY, FEBRUARY 12, 2024, AT 5:30 P.M. THERE WILL BE A REGULAR MEETING OF THE SULPHUR CITY COUNCIL MONDAY, FEBRUARY 12, 2024, AT 5:30 P.M., IN THE COUNCIL CHAMBERS LOCATED AT 1551 EAST NAPOLEON STREET, SULPHUR, LOUISIANA, TO DISCUSS AND ADOPT THE FOLLOWING: CALL TO ORDER INVOCATION PLEDGE OF ALLEGIANCE ROLL CALL APPROVAL OF MINUTES OF PREVIOUS MEETING APPROVAL OF AGENDA 1. PROCLAMATION to Sulphur High School Twisters. I02-24 (Mayor Danahay) 2. PROCLAMATION honoring Vinetta Briscoe for being the first black female officer for the Sulphur Police Department. I03-24 (Melinda Hardy) 3. PROCLAMATION honoring Veronica Allison for being the first black City Councilman. I04-24 (Melinda Hardy) 4. PUBLIC HEARING on ordinance authorizing Mayor Mike Danahay to enter into a Buy/Sell Agreement with Kevin Wold, Sr., 802 Ruth Street. ORD06-24 (Mayor Danahay) 5. PUBLIC HEARING on ordinance authorizing the acquisition of property from Kevin Wold, Sr., 802 Ruth Street. ORD07-24 (Mayor Danahay) 6. PUBLIC HEARING on ordinance declaring certain movable property of the City of Sulphur and providing for the disposal thereof (Exmark mower and IT equipment). ORD08-24 (Mayor Danahay) 7. INTRODUCTION OF ORDINANCE authorizing Mayor Danahay to enter into an Agreement with Entergy Louisiana, LLC, for a right of way to conduct various studies and surveys for a proposed transmission line for Lake Charles Methanol located on Bayou D’Inde Road. ORD09-24 (Mayor Danahay) 8. INTRODUCTION OF ORDINANCE authorizing Mayor to enter into Cooperative Endeavor Agreement with Consolidated Gravity Drainage District No. 1 of Calcasieu Parish related to drainage improvement projects including land acquisition and related matters (property located on west end of Urban Street). ORD10-24 (Mayor Danahay)  9. INTRODUCTION OF ORDINANCE authorizing action pursuant to R.S. 19:134.1 for land acquisition due to public necessity for pending drainage projects (property located on west end of Urban Street). ORD11-24 (Mayor Danahay) 10. INTRODUCTION OF ORDINANCE amending Chapter 20, Section 35 of the Code of Ordinances of the City of Sulphur – Businesses where licenses are based on flat fees – Special Event License. ORD12-24 (Mayor Danahay) 11. RESOLUTION approving liquor license for Napoleon Food Mart, 2140 East Napoleon Street. RES06-24 (Mayor Danahay) 12. RESOLUTION approving liquor license for Chimmey’s Inc., 3921 Maplewood Drive Suite 2. RES07-24 (Mayor Danahay) 13. RESOLUTION approving liquor license for Lighthouse Mission Fuel, 2700 Ruth Street. RES08-24 (Mayor Danahay) 14. RESOLUTION accepting application from Martin Hoffpauir, dba Luke’s Towing & Recovery, located at 108 Benoit Lane, for an Emergency Auto Wrecker Service for light/heavy duty and setting public hearing date. RES09-24 (Nick Nezat) 15. PUBLIC COMMENT - 3 MINUTES PER SPEAKER - ONLY SPEAK 1 TIME PER ITEM. This ends the public comment section of the meeting. ADJOURNMENT The next regular City Council meeting will be held on Monday, March 11, 2024, at 5:30 p.m. in the Council Chambers located at 1551 East Napoleon Street, Sulphur, LA. In accordance with the Americans with Disabilities Act, if you need special assistance to attend this meeting, please contact Arlene Blanchard at 337-527-4571, describing the assistance that is necessary. Arlene Blanchard, Council Clerk City of Sulphur 101 North Huntington Street, Sulphur, LA 70663 (337) 527-4500  ORDINANCE NO. , M-C SERIES ORDINANCE AUTHORIZING MAYOR MIKE DANAHAY TO ENTER INTO A BUY/SELL AGREEMENT WITH KEVIN WOLD, SR., 802 RUTH STREET. BE IT ORDAINED by the City Council of the City of Sulphur, Louisiana, the governing authority thereof, that they do hereby authorize Mayor Mike Danahay to enter into a buy/sell agreement with Kevin Wold, Sr. for property bearing municipal address of 802 Ruth Street, Sulphur, Louisiana is more fully described as follows, to-wit: LOTS 64, 65 F G LOCK SUB OF PART OF NW SE SEC 34.9.10 BE IT FURTHER ORDAINED that said property shall not exceed appraised value of eighty-nine thousand dollars ($89,000.00) BE IT FURTHEREST ORDAINED that this Ordinance shall become effective upon the Mayor's approval, or upon proper re-adoption by the Council pursuant to Section 2-13(C) of the Home Rule Charter of the City of Sulphur. APPROVED AND ADOPTED by the City Council of the City of Sulphur, Louisiana, on this ______ day of __________________, 2024. ________________________________ DRU ELLENDER, Chairman I HEREBY CERTIFY that the I HEREBY CERTIFY that I have received foregoing Ordinance has been from the Mayor at ______ o’clock ___.m. presented to the Mayor on this on this ________ day of _______________, ____ day of ______________, 2024, the foregoing ordinance which has 2024, at _____ o’clock ____.m. approved/vetoed by the Mayor. __________________________ __________________________ ARLENE BLANCHARD, Clerk ARLENE BLANCHARD, Clerk  ORDINANCE NO. , M-C SERIES ORDINANCE AUTHORIZING THE ACQUISITION OF PROPERTY FROM KEVIN WOLD, SR. FOR PROPERTY LOCATED AT 802 RUTH STREET, APPROPRIATING FUNDS FOR THE PURCHASE, AND SETTING A PUBLIC HEARING ON THE ORDINANCE. BE IT ORDAINED by the City Council of the City of Sulphur, Louisiana, in regular session convened that: WHEREAS, the City of Sulphur desires to purchase property from Kevin Wold, Sr., (hereinafter referred to as the “Seller”); and WHEREAS, the sale price shall be eighty-nine thousand dollars ($89,000.00); and WHEREAS, sale includes an 11,000 square foot immovable residential corner lot and a 1,473 square foot of gross living residential structure; and WHEREAS, the property bearing municipal address of 802 Ruth Street, Sulphur, Louisiana is more fully described as follows, to-wit: LOTS 64, 65 F G LOCK SUB OF PART OF NW SE SEC 34.9.10 BE IT FURTHER ORDAINED by the City Council of the City of Sulphur, Louisiana, the governing authority thereof, that Mayor Danahay is hereby authorized and empowered to purchase said property described above, that he is authorized and directed to execute the original warranty deed / Act of Cash Sale between the City of Sulphur and the Seller for the sum of $89,000.00; that it does hereby appropriate that sum for the aforesaid purchase; and that it does set a public hearing on this ordinance at its regular meeting at 5:30 p.m. on February 12, 2024. BE IT FURTHEREST ORDAINED that this Ordinance shall become effective upon the Mayor's approval, or upon proper re-adoption by the Council pursuant to Section 2-13(C) of the Home Rule Charter of the City of Sulphur. APPROVED AND ADOPTED by City Council of the City of Sulphur, Louisiana, on this _____ day of _________________, 2024. _______________________________ DRU ELLENDER, Chairman I HEREBY CERTIFY that the I HEREBY CERTIFY that I have received foregoing Ordinance has been from the Mayor at ______ o’clock ___.m. presented to the Mayor on this on this ________ day of _______________, ____ day of ______________, 2024, the foregoing ordinance which has 2024, at _____ o’clock ____.m. approved/vetoed by the Mayor. __________________________ __________________________ ARLENE BLANCHARD, Clerk ARLENE BLANCHARD, Clerk  NEED MOTION/SECOND TO AMEND SINCE IT EQUIPMENT WAS ADDED SINCE INTRODUCTION ORDINANCE NO. , M-C SERIES AS AMENDED AN ORDINANCE DECLARING CERTAIN SURPLUS MOVABLE PROPERTY OF THE CITY OF SULPHUR AND PROVIDING FOR THE DISPOSAL THEREOF (EXMARK MOWER AND IT EQUIPMENT). BE IT ORDAINED by the City Council of the City of Sulphur, Louisiana, the governing authority thereof, and in accordance with LA. R.S. 33:4712, that the following described surplus movable property of the City of Sulphur, not needed for public purposes, after having been duly advertised be declared surplus: Dept Description Year Make Model Serial #/VIN # Reason Date Est. Value Shop Exmark Mower 2008 Exmark LAZAR2 760687 Not In Use 12/14/23 $50.00 DESKTOPS CATEGORY QTY DESCRIPTION MODEL# SERIAL# REASON YEAR DATE VALUE DESKTOP 1 Lenovo Desktop 10FH000MUS MJ03NNF7 END OF LIFE YR2022-23 07/28/23 $ - DESKTOP 1 Lenovo Desktop 10FH000MUS MJ03NNF8 END OF LIFE YR2022-23 07/05/23 $ - DESKTOP 1 Lenovo Desktop 10FH000MUS MJ03NNFA END OF LIFE YR2022-23 07/28/23 $ - DESKTOP 1 Lenovo Desktop 10FH000MUS MJ03NNFF END OF LIFE YR2022-23 07/28/23 $ - DESKTOP 1 Lenovo Desktop 10FH000MUS MJ03NNFK END OF LIFE YR2022-23 07/28/23 $ - DESKTOP 1 Lenovo Desktop 10FH000MUS MJ03NNFL END OF LIFE YR2022-23 07/05/23 $ - DESKTOP 1 Lenovo Desktop 10FH000MUS MJ03NNFM END OF LIFE YR2022-23 07/28/23 $ - DESKTOP 1 Lenovo Desktop 10FH000MUS MJ03NNFQ END OF LIFE YR2022-23 07/28/23 $ - DESKTOP 1 Lenovo Desktop 10FH000MUS MJ03NNFS END OF LIFE YR2022-23 07/05/23 $ - DESKTOP 1 Lenovo Desktop 10FH000MUS MJ03NNFT END OF LIFE YR2022-23 07/05/23 $ - DESKTOP 1 Lenovo Desktop 10FH000MUS MJ03S0W4 END OF LIFE YR2022-23 07/28/23 $ - DESKTOP 1 Lenovo Desktop 10FH000MUS MJ03S0WN END OF LIFE YR2022-23 07/28/23 $ - DESKTOP 1 Lenovo Desktop 10FH000MUS MJ04BLUL END OF LIFE YR2022-23 07/05/23 $ - DESKTOP 1 Lenovo Desktop 10FH000MUS MJ04BLY2 END OF LIFE YR2022-23 07/05/23 $ - DESKTOP 1 Lenovo Desktop 10FH000MUS MJ04CFKP END OF LIFE YR2022-23 07/05/23 $ - DESKTOP 1 Lenovo Desktop 10FH000MUS MJ04CFKS END OF LIFE YR2022-23 07/28/23 $ - DESKTOP 1 Lenovo Desktop 10FH000MUS MJ04CFKT END OF LIFE YR2022-23 07/05/23 $ - DESKTOP 1 Lenovo Desktop 10FH000MUS MJ04CFKX END OF LIFE YR2022-23 11/16/23 $ - DESKTOP 1 Lenovo Desktop 10FH000MUS PC0FHTSE END OF LIFE YR2022-23 07/28/23 $ - DESKTOP 1 Lenovo Desktop 10FH000MUS PC0FHYU3 END OF LIFE YR2022-23 07/05/23 $ - LAPTOPS- TABLETS CATEGORY QTY DESCRIPTION MODEL# SERIAL# REASON YEAR DATE VALUE DELL VOSTRO LAPTOP 1 1700 PP22X DDW9BG1 END OF LIFE YR2022-23 12/07/23 $ - LAPTOP 1 PANASONIC CF-53JSLZ81M 2HTSA20070 END OF LIFE YR2021-22 03/14/23 $ - LAPTOP 1 PANASONIC CF-53SULZYLM 3LTYA43912 END OF LIFE YR2021-22 03/14/23 $ - LAPTOP 1 PANASONIC CF-74CCBAXBM 6EKSA07346 END OF LIFE YR2021-22 03/14/23 $ - SERVERS-NETWORK CATEGORY QTY DESCRIPTION MODEL# SERIAL# REASON YEAR DATE VALUE SERVER 1 IBM-2583AC1 2583C2U KQ2PVK8 END OF LIFE YR2022-23 09/06/23 $ - SERVER 1 UCSC-C240-M4SX UCSC-C240-M4SX SN-FCH1939V185 END OF LIFE YR2022-23 09/06/23 $ - SERVER 1 UCSC-C240-M4SX UCSC-C240-M4SX SN-FCH1939V17P END OF LIFE YR2022-23 09/06/23 $ - SERVER 1 UCSC-C240-M4SX UCSC-C240-M4SX SN-FCH1939V13H END OF LIFE YR2022-23 09/06/23 $ - MONITORS- TVS CATEGORY QTY DESCRIPTION MODEL# SERIAL# REASON YEAR DATE VALUE 24" Planar MECHANICAL MONITOR 1 Monitor PXL2471MW PL850NSS00870 FAILURE YR2022-23 05/10/23 $ - ETLFP0B0169170254B391 MONITOR 1 ACER MONITOR X203H 0 END OF LIFE YR2021-22 03/14/23 $ - CN-0DY840-74261-832- MONITOR 1 DELL MONITOR 1908FPB 2FES END OF LIFE YR2021-22 03/14/23 $ - MECHANICAL MONITOR 1 DELL-GH17ASBB GH17ASBB GH17HCHW607160D FAILURE YR2022-23 05/24/23 $ - PLANAR 22 INCH MECHANICAL MONITOR 1 MONITOR PXL2271MW PL638LTS00180 FAILURE YR2022-23 06/09/23 $ - PLANAR 22 INCH MECHANICAL MONITOR 1 MONITOR PLL2210W PL619LT500100 FAILURE YR2022-23 06/19/23 $ - PLANAR 22 INCH MECHANICAL MONITOR 1 MONITOR PXL2271MW PL708LTS00132 FAILURE YR2022-23 07/10/23 $ - PLANAR 22 INCH MECHANICAL MONITOR 1 MONITOR PXL2271MW PL708LTS00405 FAILURE YR2022-23 08/17/23 $ - PLANAR 22 INCH MECHANICAL MONITOR 1 MONITOR PXL2271MW PL708LTS00266 FAILURE YR2022-23 10/02/23 $ - PLANAR 22 INCH MECHANICAL MONITOR 1 MONITOR PXL2271MW PL708LTS00238 FAILURE YR2022-23 01/08/24 $ - PLANAR- MECHANICAL MONITOR 1 PL2210W 997-6897-00 PL542LT505400 FAILURE YR2021-22 02/28/23 $ - PLANAR- MECHANICAL MONITOR 1 PL2210w 997-6498-00 P2234CB001625 FAILURE YR2021-22 02/27/23 $ - SAMSUNG 22 MECHANICAL MONITOR 1 INCH 225BW DP22HVMPB00433W FAILURE YR2022-23 06/09/23 $ - SAMSUNG 22 MECHANICAL MONITOR 1 INCH CB22WS CB22HVMB501451Y FAILURE YR2022-23 07/06/23 $ - SAMSUNG 22 MECHANICAL MONITOR 1 INCH B2230 YDURH9LB805967N FAILURE YR2022-23 07/10/23 $ - SAMSUNG 22 MECHANICAL MONITOR 1 INCH 2443BW MY24HVLQ800001P FAILURE YR2022-23 07/24/23 $ - SAMSUNG MONITOR 1 MONITOR MJ17ASKB MJ17HCJY220760W END OF LIFE YR2021-22 03/14/23 $ - SAMSUNG- MECHANICAL MONITOR 1 2443SW LS24MYKRBQ MY24HVLQ800036K FAILURE YR2021-22 02/27/23 $ - MECHANICAL TV 1 50" TCL TV 50" TV 1612GTC000973A00686 FAILURE YR2022-23 01/03/24 $ - MECHANICAL TV 1 LG 60" TV 60UJ6300-UA 709RMFP1Y915 FAILURE YR2022-23 05/24/23 $ - MECHANICAL TV 1 LG55LY340C 55LY340C 407RMSSUC238 FAILURE YR2022-23 04/13/23 $ - MECHANICAL TV 1 Samsung 40" TV UN40MU6300F 06LD3CEJ901828E FAILURE YR2022-23 05/24/23 $ - MECHANICAL TV 1 Samsung 40" TV UN40MU6300F 06LD3CEJ808570P FAILURE YR2022-23 05/24/23 $ - MECHANICAL TV 1 Samsung 40" TV UN40MU6300F 06LD3CFJ908964J FAILURE YR2022-23 05/24/23 $ - MECHANICAL TV 1 Samsung 40" TV UN40MU6300F 06LD3CEJ901827K FAILURE YR2022-23 05/24/23 $ - Samsung32InchT MECHANICAL TV 1 V LN32C450E1DXZA Z1MG3CHZB01832T FAILURE YR2022-23 01/19/24 $ - PRINTERS CATEGORY QTY DESCRIPTION MODEL# SERIAL# REASON YEAR DATE VALUE HP Designjet MECHANICAL PLOTTER 1 T1120 CK841A DK9115F020 FAILURE YR2022-23 08/30/23 $ - PRINTER 1 DeskJet 1010 CX015A CN5511811M END OF LIFE YR2021-22 03/14/23 $ - PRINTER 1 DeskJet 3752 T8W51A CN94H6P0Y9 END OF LIFE YR2021-22 03/14/23 $ - Epson Styluus MECHANICAL PRINTER 1 NX330 NX330 NA3Y016839 FAILURE YR2022-23 01/08/24 $ - PRINTER 1 HP DESKJET 1010 CX015-64001 CN5511811M END OF LIFE YR2021-22 03/14/23 $ - PRINTER 1 HP DESKJET 3752 J9V86-64005 CN94H6P0Y9 END OF LIFE YR2021-22 03/14/23 $ - HP LaserJet 550- PRINTER 1 sheet CF404A NA END OF LIFE YR2022-23 10/18/23 $ - PRINTER 1 HP-DESKJET-460 C8150A MY61M3Z1MZ END OF LIFE YR2022-23 08/16/23 $ - HP-LASERJET- MECHANICAL PRINTER 1 5550 Q3716A JPSC8CR04Z FAILURE YR2022-23 01/19/24 $ - HP-LASERJET- MECHANICAL PRINTER 1 CM2320NF CC436A CNF9D1GX5J FAILURE YR2022-23 04/13/23 $ -  HP-LASERJET- MECHANICAL PRINTER 1 M276NW CF145A CNF8G56DS3 FAILURE YR2022-23 04/11/23 $ - PRINTER 1 L3-DVD-PRINTER PRIMA BRAVO N/A END OF LIFE YR2021-22 03/14/23 $ - MECHANICAL PRINTER 1 OfficeJet 8710 M9L66A CN62JBM23Y FAILURE YR2022-23 12/01/23 $ - PERIPHERALS -MISC CATEGORY QTY DESCRIPTION MODEL# SERIAL# REASON YEAR DATE VALUE FAX Brother Fax MECHANICAL MACHINE 1 Machine INTELLIFAX 410e U61639D2J360825 FAILURE YR2022-23 09/22/23 $ - CISCO IP PHONE MECHANICAL IP PHONE 1 7941 CP-7941G FCH12318H8C FAILURE YR2022-23 04/10/23 $ - LOGITECH K350 MECHANICAL KEYBOARD 1 ERGONOMIC K350-YR0053 SC9121600860 FAILURE YR2022-23 10/24/23 $ - MECHANICAL KEYBOARD 1 LOGITECH K400R K400R SN-1344SCA0YDD8 FAILURE YR2022-23 09/22/23 $ - LAPTOP LIND-PA1580- MECHANICAL CHARGER 1 1745 PA1580-1745 SN1229 FAILURE YR2021-22 02/28/23 $ - LAPTOP- IBM THINKPAD DOCK 1 2877 DOCK TYPE2877 SN-99C2521 END OF LIFE YR2022-23 06/29/23 $ - MECHANICAL MIFI 1 MIFI-7730L 7730L IMEI-990006389182824 FAILURE YR2022-23 05/15/23 $ - SPRINT PCS MIFI 1 CONNECT CARD PN-1200718 IMEI-069915610519 END OF LIFE YR2022-23 06/29/23 $ - VERIZON MIFI MECHANICAL MIFI 1 7730L MIFI7730L IMEI-990006382274842 FAILURE YR2022-23 10/02/23 $ - L3 Equipment MISC 1 from PD N/A N/A END OF LIFE YR2022-23 05/22/23 $ - OLD- Misc-Cords- DAMAGED- MISC 1 Cables-Wires N/A N/A PARTS YR2022-23 01/19/24 $ - OLD- Misc-Keyboards- DAMAGED- MISC 1 Mice N/A N/A PARTS YR2022-23 01/19/24 $ - OLD- DAMAGED- MISC 1 Misc-PC-Parts N/A N/A PARTS YR2022-23 01/19/24 $ - MISC- L3-EQUIPMENT- MECHANICAL EQUIPMENT 1 CORDS-CABLES N/A N/A FAILURE YR2021-22 03/14/23 $ - VERIZON MIFI MECHANICAL MOBILE-MIFI 1 8800L MIFI8800L IMEI-990009313164207 FAILURE YR2022-23 08/30/23 $ - EPSON CHECK MECHANICAL SCANNER 1 SCANNER EC9603F SN-3108189603129 FAILURE YR2022-23 11/03/23 $ - MECHANICAL UPS 1 APC BACKUPS ES BE650BB QB0509237821 FAILURE YR2022-23 08/17/23 $ - APC-BACK-UPS UPS 1 XS1000 BX1000 JB0520014832 END OF LIFE YR2022-23 06/19/23 $ - MECHANICAL UPS 1 APC-BE550G BE550G 4B1440P43874 FAILURE YR2022-23 04/21/23 $ - EATON 9130 UPS PW9130L1000RXL2 UPS 1 (YR2010) U GG095A0336 END OF LIFE YR2021-22 03/14/23 $ - APC-BACK-UPS- MECHANICAL UPS 1 RS1500 BE1500 JB0549002899 FAILURE YR2022-23 01/19/24 $ - MECHANICAL UPS 1 APC650BB BE650BB AB0425122726 FAILURE YR2022-23 01/19/24 $ - BE IT FURTHER ORDAINED that Mayor Mike Danahay is authorized to dispose of the above-mentioned surplus movable property and to sign all paperwork in connection therewith. BE IT ALSO FURTHER ORDAINED that this ordinance shall become effective immediately upon the Mayor’s signature.  APPROVED AND ADOPTED by the City Council of the City of Sulphur, Louisiana, on this ____day of __________________, 2024. _____________________________ DRU ELLENDER, Chairman I HEREBY CERTIFY that the I HEREBY CERTIFY that I have received foregoing Ordinance has been from the Mayor at ______ o’clock ___.m. presented to the Mayor on this on this ________ day of _______________, ____ day of ______________, 2024, the foregoing ordinance which has 2024, at _____ o’clock ____.m. approved/vetoed by the Mayor. __________________________ __________________________ ARLENE BLANCHARD, Clerk ARLENE BLANCHARD, Clerk  ORDINANCE NO. , M-C SERIES ORDINANCE AUTHORIZING MAYOR MIKE DANAHAY TO ENTER INTO AN AGREEMENT WITH ENTERGY LOUISIANA, LLC, FOR A RIGHT OF WAY TO CONDUCT VARIOUS STUDIES AND SURVEYS FOR A PROPOSED TRANSMISSION LINE FOR LAKE CHARLES METHANOL LOCATED ON BAYOU D’INDE ROAD. WHEREAS, the City of Sulphur desires to enter into an Agreement with Entergy Louisiana, LLC, for a right of way to conduct various studies and surveys for a proposed transmission line for Lake Charles Methanol located on Bayou D’Inde Road as shown on Exhibit A and B, attached hereto. NOW, THEREFORE, BE IT ORDAINED that Mayor Mike Danahay is hereby authorized and empowered, in accordance with the Home Rule Charter, to execute said Agreement. BE IT FURTHER ORDAINED that this Ordinance shall become effective upon Mayor’s signature. APPROVED AND ADOPTED by the City Council of the City of Sulphur on this ________ day of ________________, 2024. ___________________________________ DRU ELLENDER, Chairman I HEREBY CERTIFY that the I HEREBY CERTIFY that I have received foregoing Ordinance has been from the Mayor at ______ o’clock ___.m. presented to the Mayor on this on this ________ day of _______________, ____ day of ______________, 2024, the foregoing ordinance which has 2024, at _____ o’clock ____.m. approved/vetoed by the Mayor. __________________________ __________________________ ARLENE BLANCHARD, Clerk ARLENE BLANCHARD, Clerk  ORDINANCE NO. M-C SERIES AN ORDINANCE AMENDING CHAPTER 20, SECTION 35 OF THE CODE OF ORDINANCES OF THE CITY OF SULPHUR – BUSINESSES WHERE LICENSES ARE BASED ON FLAT FEES – SPECIAL EVENT LICENSE. BE IT ORDAINED by the City Council of the City of Sulphur, Louisiana, the governing authority thereof, that they do hereby amend Chapter 20, Section 35 of the Code of Ordinances of the City of Sulphur to read as follows: Sec. 20-35. Businesses where licenses are based on flat fees. The following types of businesses shall obtain an annual license based on the flat fee designated hereafter. For purposes of this section, the minimum tax noted in section 20-20 for most new businesses for the first year of commencement or fractional part thereof does not apply. (1) Private banking or investment banking business. a. For each business of carrying on a private banking house, business or agency, investment banking house, business or agency, a license based on flat fee of five hundred dollars ($500.00) shall be required. b. The term "investment banking" means a business that is carried on through the purchase of underwriting of security issues and their subsequent sale to investors. (2) Pawnbrokers and persons lending money on wages or salaries. For each and every pawnbroker, or person keeping a loan office and engaged in lending money on articles pawned or pledged and for each and every money broker, money lender, or person lending money on, or purchasing time, wages, or salaries of laborers, clerks, or other wage earners or other persons, whether the same be earned or unearned, and whether the business is conducted in an office or otherwise, a license based on a flat fee of one thousand dollars ($1,000.00) shall be required. Persons licensed under this category may conduct retail sales, provided that the gross receipts from such sales do not exceed one hundred thousand dollars ($100,000.00). If the gross receipts from retail sales exceed one hundred thousand dollars ($100,000.00), a retail license is required. Such retail license shall be based on the sum of the gross receipts of the retail sales and on one-third of the total amount of the money loaned. The license fee shall be based on the rates listed in the table in section 20-30. (3) Peddlers and itinerant vendors. a. All peddlers, hawkers, itinerant vendors, and every person who displays samples, models, goods, wares, or merchandise on a temporary basis in any hotel, motel, store, storehouse, house, vehicle, or any other place, for the purpose of securing orders for the retail sale of such goods, wares, or the like kind or quality, either for immediate or future delivery shall obtain a license based on a fee of two hundred dollars ($200.00) fifty dollars ($50.00) provided that an itinerant vendor of agricultural products purchased directly from farmers or an itinerant vendor of seafood products who has either harvested the seafood himself or has purchased  the seafood directly from commercial fishermen or shrimpers shall obtain a license based on a flat fee of one hundred dollars ($100.00). b. This section does not apply to the following classes: Those persons making house- to-house or personal calls displaying samples and taking orders for shipment directly from the manufacturer; those persons making a business call or visit upon the verbal or written invitation of the inhabitant of the premises; those persons, or their representatives, engaged in the business of selling at wholesale, from a fixed place of business in this state, to licensed retail dealers; and vendors, or their agents or vendors, or their agents or representatives, in the sale or delivery of petroleum products when drawn, conveyed, and distributed from a stock maintained at a warehouse, distributing station, or established place of business. c. City police and other authorized officers shall require all peddlers to exhibit their occupational license. The license shall indicate thereon the motor vehicle license number. They shall seize the merchandise and any vehicle or other conveyance used by the peddler to peddle the same, if the peddler fails or refuses to exhibit his license. All property seized shall be turned over to a court of competent jurisdiction, to be sold according to law, to satisfy the license due and enforce the privilege therefor. The rights of the holder of a chattel mortgage note or any vehicle seized shall not be affected or prejudiced as a result of the seizure. d. Whoever shall sell goods, wares, and merchandise as a peddler without first obtaining the license herein required shall be guilty of a misdemeanor and upon conviction shall be fined not less than five hundred dollars ($500.00) or shall be imprisoned not more than sixty (60) days, or both. (4) Mechanical or electronic amusement machines or devices. a. Every person engaged in the business of operating any coin-operated mechanical or electronic device shall pay a license of fifty dollars ($50.00) for each such device. b. The provisions of this subsection shall not apply in cases where the person engaged in the business of operating such mechanical devices is operating same under a written contract with and is solely sponsored by a nonprofit corporation for the purpose of conducting a fair, festival, or trade show which has as one (1) of its objectives the promotion of agricultural and agri-industrial products. For the purposes of this subsection, the term nonprofit corporation shall be construed to mean only a nonprofit corporation which: 1. Was organized under the provisions of Chapter 2 of Title 12 of the Louisiana Revised Statutes of 1950 prior to January 1, 1969; and, 2. Holds membership in good standing in an association organized for the purposes of promoting fairs, festivals, and trade shows in the state. c. For the purpose of this subsection, a "coin-operated mechanical amusement device" is any machine or device operated by depositing a coin, token, slug, or similar object for the placing of the device in readiness of play. This definition includes, but is not limited to, the following devices: video games, merry-go-  rounds, mechanical hobby horses, juke boxes, pool tables, domino tables, bowling alleys, blood pressure monitors, and pulse rate monitors. d. All such mechanical amusement devices subject to tax under this subsection and which do not return to the operator or player thereof anything but free additional games or plays or, through the exercise of the skill of the operator or player, a merchandise prize, shall not be deemed to be classed as gambling devices, and neither this section nor any other Act shall be construed to prohibit same. Payment of the tax imposed by this subsection shall not be held to legalize the operation of any machine or device defined herein which is prohibited by law. This subsection shall not be held to repeal any provisions of any law prohibiting the operation, possession, or use of any such machine or device. (5) Evidence of payment. The payment of the taxes levied by this section shall be evidenced by a certificate of tax payment, or a stamp, or similar evidence of tax payment which shall be issued by the collector. The certificate of payment shall be securely affixed or attached to each machine or other device with respect to which a tax has been paid, or if such certificate cannot be affixed, shall be prominently posted in the place in which the machine or device is located and near to such machine or device. If a machine or device is replaced by another, such other machine or device shall not be considered an additional device service. Certificates of tax payment or stamps are not transferable from one (1) taxing jurisdiction to another. (6) Forfeitures. a. Any machine or other device, on which taxes are imposed by subsection (4), which shall be found in possession or custody or within the control of any person for the purpose of being operated or permitted to be operated without having a certificate of tax payment, or a stamp or similar evidence of tax payment, issued by the collector, affixed or attached thereto, or prominently posted in the place in which the machine or device is located and near to such machine or device, may be seized by the collector of revenue, or his agent, in order to secure the same for trial, and the same shall be forfeited to the collector. The collector or his agent making the seizure shall appraise the value of the machine or other device according to his best judgment and shall deliver to the person, association of persons, firm or corporation, if any, found in possession of the machine or other device, a receipt showing the fact of seizure stating from whom seized, the place of seizure, and description of the machine or the device, and appraised value and a duplicate of said receipt shall be filed in the office of the collector and shall be open to public inspection. b. 1. The proceeding to enforce such forfeiture shall be by rule and be in the nature of a proceeding in a court of competent jurisdiction where such seizure is made. The proceeding shall be filed by the collector, or his assistant or attorney on behalf of the city, and the same shall be summary, and it may be tried out of term time and in chambers, and shall always be tried by preference. Whenever the petition for rule shall be sworn to by the collector of revenue, or his assistant or his attorney, that the facts contained in such petition are true, and accompanied with a duplicate  copy of notice of the seizure, the same shall constitute a prima facie case, but may be rebutted by the defendant. 2. The proceeding shall be directed against the person operating or permitting the operation of the article seized, demanding the forfeiture and sale of the property, as a penalty for the violation of this section. Service of the proceeding shall be made upon the persons operating or permitting the operation of the articles seized, demanding the forfeiture and sale of the property, as a penalty for the violation of this section. Service of the proceeding shall be made upon the person operating or permitting the operation of the seized articles if he is a resident of this state, or his residence is known to the plaintiff in rule. In all cases where it is made to appear by affidavit that the residence of the person operating or permitting the operation of the seized articles is out of the state or unknown to the collector or his assistants or his attorney, an attorney-at-law shall be appointed by the courts, which has jurisdiction of the proceedings, to represent the person operating and permitting the operations, against whom the rule shall be tried contradictorily within ten (10) days from the date of the filing of same. The affidavit may be made by the collector, or one (1) of his assistants, or by the attorney representing the collector, if it be not convenient to obtain the affidavit of the collector. The attorney so appointed to represent the person operating or permitting the operation of the seized articles may waive service and citation of the petition or rule, but he shall not waive time nor any legal defense. 3. Upon the trial of the proceedings, if it is established by satisfactory proof that with respect to the articles under seizure that this section has been violated in any respect, then the court shall render judgment accordingly, maintaining the seizure, declaring the forfeiture of the seized property other than cash, and after ten (10) days notice of advertisement at least twice in the official journal of the city permitting the sale of the articles at public auction; it being the intent and purpose of this proceeding to afford the person operating in permitting the operation of the seized article a fair opportunity of hearing in a court of competent jurisdiction. It is further the intent and purpose of this proceeding that the forfeiture and sale of the seized property shall be and operate as a penalty for the violation of this section as aforesaid, and payment of the tax due on the seized articles at the moment of seizure or thereafter shall not operate to prevent, abate, or discontinue, or defeat the forfeiture and sale of the property. The court may fix the fee of the attorney appointed by the court to represent the owner of the seized articles at a nominal sum to be taxed as costs and to be paid out of the proceeds of the sale of the property. c. In cases where, in the opinion of the trial judge, the value of the seized machine or other device is so small as not to justify the expense of advertising and selling at public auction the seized commodities as hereinabove provided, the court may in any such case, in rendering judgment maintaining the seizure and declaring the forfeiture of the seized property, direct that the seized property be sold by the  collector at private sale, without advertisement, but shall direct that the seized property be not thus sold for a price less than a minimum figure to be fixed by the court in its judgment. d. Forfeiture of the machine or other device and its contents to the collector, as herein provided, shall not prevent any auction by the collector to recover from the persons liable any taxes incurred. (7) Professional sports. For each person owning or carrying on a business known as "professional sports" a license based on a flat fee of one thousand dollars shall be required. By way of extension and not of limitation, the business of "professional sports" shall include football, basketball, and baseball games, where the individual participants are paid for their services. Sporting events that are provided for by special laws are exempt under this section. (8) Circuses, concerts, carnivals and special events. For each person operating a circus, carnival, or other traveling show, and for each person or organization sponsoring a concert or other special event, including, but not limited to, gun shows, arts and crafts fairs, and antique shows, a license based on a flat fee of two hundred fifty dollars ($250.00) shall be required. This license shall be issued by the city. and The license for a circus, concert or carnival shall be good for a period of ten (10) days. The license for a special event shall be good for a period of one year. Should the person or organization move the circus, concert, or other event to another jurisdiction in the state, a new license shall be required by that jurisdiction. The sponsor or organizer shall be responsible for all additional regulatory agency certificates and documentation. (9) Hotels, motels, rooming houses, boarding houses. Any person operating a hotel, motel, rooming house, or boarding house shall pay an annual license tax of two dollars ($2.00) for each sleeping room contained by the hotel, motel, rooming house, or boarding house. (10) All other businesses. For all businesses not otherwise covered by or specifically exempted under this section, including, but not limited to, printers, lithographers, attorneys-at-law, accountants, oculists, physicians, osteopaths, dentists, chiropodists, bacteriologists, veterinarians, chemists, architects, and civil, mechanical, chemical or electrical engineers engaged in the practice of their profession as an individual, or as a firm, partnership, or corporation, the license shall be one-tenth ( ⅒) of one (1) percent of the annual gross receipts for professional fees for services rendered by the taxpayer, with a minimum tax of fifty dollars ($50.00) and a maximum tax of two thousand dollars ($2,000.00). The tax levied herein shall be levied only on the business and not separately on any individual who is employed by or is a member of the taxpayer which conducts its business as a firm, partnership, or corporation. (11) Video draw poker devices. a. Every person engaged in the business of operating video draw poker devices as defined and licensed by the state, shall pay to the city a license of fifty dollars ($50.00) for each such device operating within the city limits.  b. The license shall be due on or before January 1st of each year for that calendar year. If a device is installed during the year, the license fee of fifty dollars ($50.00) shall be paid in full for any remaining part of a calendar year. c. All devices shall be subject to the fifty dollars ($50.00) license fee upon approval and implementation of this section for the current year remaining. BE IT FURTHER ORDAINED that this Ordinance shall become effective June 1, 2024. APPROVED AND ADOPTED by the City Council of the City of Sulphur, Louisiana, on this ____ day of ______________, 2024. ________________________________ DRU ELLENDER, Chairman I HEREBY CERTIFY that the I HEREBY CERTIFY that I have received foregoing Ordinance has been from the Mayor at _____ o’clock ___.m. presented to the Mayor on this on this ____ day of ____________, 2024 ____ day of ____________, the foregoing ordinance which has been 2024, at _______o’clock ___.m. approved/vetoed by the Mayor. ______________________________ __________________________________ ARLENE BLANCHARD, Clerk ARLENE BLANCHARD, Clerk  RESOLUTION NO. , M-C SERIES Resolution approving liquor license for Napoleon Food Mart, 2140 East Napoleon Street. BE IT RESOLVED by the City Council of the City of Sulphur, Louisiana, the governing authority thereof, that they do hereby approve liquor license for Napoleon Food Mart, 2140 East Napoleon Street. APPROVED AND ADOPTED by the City Council of the City of Sulphur, Louisiana, on this ______ day of _________________, 2024. ________________________________ DRU ELLENDER, Chairman ATTEST: _____________________________ ARLENE BLANCHARD, Clerk  RESOLUTION NO. , M-C SERIES Resolution approving liquor license for Chimmey’s Inc., located at 3921 Maplewood Drive Suite 2. BE IT RESOLVED by the City Council of the City of Sulphur, Louisiana, the governing authority thereof, that they do hereby approve liquor license for Chimmey’s Inc., located at 3921 Maplewood Drive Suite 2. APPROVED AND ADOPTED by the City Council of the City of Sulphur, Louisiana, on this ______ day of _________________, 2024. ________________________________ DRU ELLENDER, Chairman ATTEST: _____________________________ ARLENE BLANCHARD, Clerk s  RESOLUTION NO. , M-C SERIES Resolution approving liquor license for Lighthouse Mission Fuel, located at 2700 Ruth Street. BE IT RESOLVED by the City Council of the City of Sulphur, Louisiana, the governing authority thereof, that they do hereby approve liquor license for Lighthouse Mission Fuel, located at 2700 Ruth Street. APPROVED AND ADOPTED by the City Council of the City of Sulphur, Louisiana, on this ______ day of _________________, 2024. ________________________________ DRU ELLENDER, Chairman ATTEST: _____________________________ ARLENE BLANCHARD, Clerk