Council Meeting Minutes - 2008-06-17
Document Date:
Tuesday, June 17, 2008
Regular Session
PROCEEDINGS OF THE COUNCIL OF THE CITY OF ALEXANDRIA, LOUISIANA, STATE OF LOUISIANA, TAKEN AT A REGULAR MEETING HELD JUNE 17, 2008.
The Council of the City of Alexandria, Louisiana, met in a regular meeting session at its regular meeting place, on Tuesday, June 17, 2008, at 5:00 P.M. There were present the Honorable Roosevelt L. Johnson, Louis J. Marshall, Everett Hobbs, Charles F. Smith, Jr., Chuck Fowler and Myron K. Lawson. Absent was Harry B. Silver. Also present were Mayor Jacques M. Roy, Chief Operating Officer Kay Michiels, City Attorney Chuck Johnson, Assistant City Attorney Trey Gist and City Clerk Nancy L. Thiels.
The Council of the City of Alexandria, State of Louisiana, was duly convened as the governing authority of said City by the Honorable Louis J. Marshall, who stated that the Council was ready for the transaction of business. The Invocation was pronounced by Reverend Larry Turner with the Pledge of Allegiance led by Councilman Hobbs.
Mr. President recognized Mr. Grant Schlueter of Foley & Judell, the Bonding Attorney of New Orleans. He explained the following items and asked the Council to take the following action.
The following resolution was offered by Mr. Lawson and seconded by Mr. Fowler:
RESOLUTION NO. 8419-2008
A resolution authorizing the advertising for bids for the purchase of Fifteen Million Dollars ($15,000,000) of Limited Tax Revenue Bonds, Series 2008, of the City of Alexandria, State of Louisiana; and providing for other matters in connection therewith.
BE IT RESOLVED by the City Council of the City of Alexandria, State of Louisiana (the "Governing Authority"), acting as the governing authority of the City of Alexandria, State of Louisiana (the "Issuer"), that:
SECTION Advertisement for Sale. The Mayor of the Issuer is hereby empowered, authorized and directed to advertise for sealed paper or electronic bids via PARITY® for the purchase of Fifteen Million Dollars ($15,000,000) of Limited Tax Revenue Bonds, Series 2008 (the "Bonds"), of the Issuer. The Bonds will be issued under the authority conferred by Section 742.2 of Title 39 of the Louisiana Revised Statutes of 1950, as amended, and other constitutional and statutory authority, for the purpose of constructing, acquiring and improving capital improvement projects, and paying the costs of issuance thereof. The Bonds shall be secured by and payable from an irrevocable pledge and dedication of the funds to be derived by the Issuer from the levy and collection of a special tax of eleven and twenty five hundredths (11.25) mills (such rate being subject to adjustment from time to time due to reassessment) which the Issuer is authorized to impose and collect in each year through the year 2017 pursuant to an election held on July 21, 2007. Said special tax has been authorized to be levied on all the property subject to taxation within the corporate boundaries of the Issuer pursuant to said election held on July 21, 2007.
The Bonds will be initially issued in the name of Cede & Co., as nominee for The Depository Trust Company (“DTC”), as registered owner of the Bonds, and held in the custody of DTC. The Issuer and the Paying Agent acknowledge that they have executed and delivered a Letter of Representation with DTC and that the terms and provisions of said Letter of Representation shall govern in the event of any inconsistency between the provisions of this resolution and said Letter of Representation. A single certificate will be issued and delivered to DTC for each maturity of the Bonds. The Beneficial Owners will not receive physical delivery of Bond certificates except as provided herein. Beneficial Owners are expected to receive a written confirmation of their purchase providing details for the Bonds acquired. For so long as DTC shall continue to serve as securities depository for the Bonds as provided herein, all transfers of beneficial ownership interest will be made by book-entry only, and no investor or other party purchasing, selling or otherwise transferring beneficial ownership of Bonds is to receive, hold or deliver any Bond certificate.
For every transfer and exchange of the Bonds, the Beneficial Owner may be charged a sum sufficient to cover such Beneficial Owner’s allocable share of any tax, fee or other governmental charge that may be imposed in relation thereto.
Bond certificates are required to be delivered to and registered in the name of the Beneficial Owner under the following circumstances:
a. DTC determines to discontinue providing its service with respect to the Bonds. Such a determination may be made at any time by giving 30 days’ notice to the Issuer and the Paying Agent and discharging its responsibilities with respect thereto under applicable law.
b. The Issuer determines that continuation of the system of book-entry transfer through DTC (or a successor securities depository) is not in the best interests of the Beneficial Owners.
The Issuer and the Paying Agent will recognize DTC or its nominee as the Bondholder for all purposes, including notices and voting.
Neither the Issuer, nor the Paying Agent are responsible for the performance by DTC of any of its obligations, including, without limitation, the payment of moneys received by DTC, the forwarding of notices received by DTC or the giving of any consent or proxy in lieu of consent.
Whenever during the term of the Bonds the beneficial ownership thereof is determined by a book entry at DTC, the requirements of this resolution of holding, delivering or transferring the Bonds shall be deemed modified to require the appropriate person to meet the requirements of DTC as to registering or transferring the book entry to produce the same effect.
If at any time DTC ceases to hold the Bonds, all references herein to DTC shall be of no further force or effect.
SECTION Basic Terms of Bonds. The Bonds will be in fully registered form, will be dated September 1, 2008, will be in the denomination of Five Thousand Dollars ($5,000) each, or any integral multiple thereof within a single maturity, and will bear interest from date thereof, or the most recent interest payment date to which interest has been paid or duly provided for, at a rate or rates not exceeding six per centum (6%) per annum on any bond in any interest payment period, said interest to be payable on March 1, 2009, and semiannually thereafter on March 1 and September 1 of each year. The Bonds will be numbered from R-1 upwards and will mature serially on March 1 of each year as follows, to-wit:
PRINCIPAL PRINCIPAL
YEAR AMOUNT YEAR AMOUNT
2009 $ 655,000 2014 $1,585,000
2010 1,340,000 2015 1,650,000
2011 1,400,000 2016 1,725,000
2012 1,460,000 2017 1,795,000
2013 1,520,000 2018 1,870,000
SECTION Bonds - Non-Callable. The Bonds are not callable for redemption prior to their maturities.
SECTION Sale of Bonds. The Bonds shall be sold in accordance with the terms of this resolution, the Official Notice of Sale as herein set forth, and the Official Statement referred to in Section 6 hereof. In advertising the Bonds for sale, the Issuer shall reserve the right to reject any and all bids received.
SECTION Notice of Sale. The Mayor of the Issuer is hereby further empowered, authorized and directed to issue a Notice of Sale and cause the same to be published, which Official Notice of Sale shall be in substantially the following form:
* * * * * *
OFFICIAL
NOTICE OF SALE
$15,000,000
LIMITED TAX REVENUE BONDS, SERIES 2008
OF THE
CITY OF ALEXANDRIA, STATE OF LOUISIANA
Sealed bids or electronic bids via PARITY®
will be received until 11:00 o'clock a.m., Central Time (Louisiana Time), on
Tuesday, July 29, 2008
NOTICE IS HEREBY GIVEN that the City Council of the City of Alexandria, State of Louisiana (the “Governing Authority”), acting as the governing authority of the City of Alexandria, State of Louisiana (the "Issuer"), will receive sealed bids or electronic bids via PARITY® at its regular meeting place, the Alexandria City Hall, 915 3rd Street, Alexandria, Louisiana, until eleven (11:00) o'clock a.m., Louisiana Time, Central Time, on Tuesday, July 29, 2008 (or such other date as may be determined by the Mayor and advertised by Munifacts Disclosure Service) for the purchase of Fifteen Million Dollars ($15,000,000) of Limited Tax Revenue Bonds, Series 2008 (the "Bonds") of the Issuer.
Electronic bids will be received for the Bonds via PARITY®, in the manner described below, until 11:00 a.m., Louisiana time, on Tuesday, July 29, 2008.
Bids may be submitted electronically via PARITY® pursuant to this Official Notice of Sale until 11:00 a.m., Louisiana time, but no bid will be received after the time for receiving bids specified above. To the extent any instructions or directions set forth in PARITY® conflict with this Official Notice of Sale, the terms of this Official Notice of Sale shall control. For further information about PARITY®, potential bidders may contact PARITY® at (212) 849-5021.
Each qualified prospective electronic bidder shall be solely responsible to register to bid via PARITY® as described above, and to make necessary arrangements to access PARITY® for the purposes of submitting its bid in a timely manner and in compliance with the requirements of this Official Notice of Sale. Neither the Issuer nor PARITY®, shall have any duty or obligation to provide or assure access to PARITY® to any prospective bidder, and neither the Issuer nor PARITY® shall be responsible for a bidder's failure to register to bid or for proper operation of, or have any liability for any delays or interruptions of, or any damages caused by, PARITY®. The Issuer is using PARITY® as a communication mechanism, and not as the Issuer's agent, to conduct the electronic bidding for the Bonds. No other form of electronic bid or provider of electronic bidding services will be accepted. The Issuer is not bound by any advice and determination of PARITY® to the effect that any particular bid complies with the terms of this Official Notice of Sale. All costs and expenses incurred by prospective bidders in connection with their registration and submission of bids via PARITY® are the sole responsibility of the bidders; and the Issuer is not responsible, directly or indirectly, for any of such costs or expenses. If a prospective bidder encounters any difficulty in submitting, modifying or withdrawing a bid for the Bonds, he should telephone PARITY® at (212) 849-5021 and notify the Issuer's Co-Bond Counsel, Foley & Judell, L.L.P. at (504) 568-1249.
Electronic bids must be submitted via PARITY® for the purchase of the Bonds. Bids will be communicated electronically to the Issuer at 11:00 a.m., local Louisiana time, on July 29, 2008. Prior to that time, a prospective bidder may (1) submit the proposed terms of its bid via PARITY®, (2) modify the proposed terms of its bid, in which event the proposed terms as last modified will (unless the bid is withdrawn as described herein) constitute its bid for the Bonds, or (3) withdraw its proposed bid. Once the bids are communicated electronically via PARITY® to the Issuer, each bid will constitute an irrevocable offer to purchase the Bonds on the terms therein provided. For purposes of the electronic bidding process, the time as maintained on PARITY® shall constitute the official time.
Bids will also be accepted in written form on the Official Bid Form. The Issuer will receive sealed bids at the Alexandria City Hall, 915 3rd Street, Alexandria, Louisiana, for the purchase of $15,000,000 of principal amount of Limited Tax Revenue Bonds, Series 2008 of the City of Alexandria, State of Louisiana. Each bid in written form must be on the Official Bid Form in a sealed envelope marked "Proposal for the Purchase of Limited Tax Revenue Bonds, Series 2008 of the City of Alexandria, State of Louisiana". For purposes of accepting written bids, the time as maintained on PARITY® shall constitute the official time.
The Bonds will be issued for the purpose of constructing, acquiring and improving capital improvement projects, and paying the costs of issuance thereof, under the authority conferred by Section 742.2 of Title 39 of the Louisiana Revised Statutes of 1950, as amended, and other constitutional and statutory authority, and will be secured by and payable from an irrevocable pledge and dedication of the funds to be derived by the Issuer from the levy and collection of a special tax of eleven and twenty five hundredths (11.25) mills (such rate being subject to adjustment from time to time due to reassessment) which the Issuer is authorized to impose and collect in each year through the year 2017 pursuant to an election held on July 21, 2007. Said special tax has been authorized to be levied on all the property subject to taxation within the corporate boundaries of the Issuer pursuant to an election held on July 21, 2007.
The Bonds will be in fully registered form, will be dated September 1, 2008, will be in the denomination of Five Thousand Dollars ($5,000) each, or any integral multiple thereof within a single maturity, and will bear interest from date thereof, or the most recent interest payment date to which interest has been paid or duly provided for, at a rate or rates not exceeding six per centum (6%) per annum on any Bond in any interest payment period, said interest to be payable on March 1, 2009, and semiannually thereafter on March 1 and September 1 of each year. The Bonds will be numbered from R-1 upward and will mature serially on March 1 of each year as follows, to-wit:
PRINCIPAL PRINCIPAL
YEAR AMOUNT YEAR AMOUNT
2009 $ 655,000 2014 $1,585,000
2010 1,340,000 2015 1,650,000
2011 1,400,000 2016 1,725,000
2012 1,460,000 2017 1,795,000
2013 1,520,000 2018 1,870,000
The Bonds will be issued as fully registered bonds in “book-entry only” form and registered in the name of Cede & Co., as nominee of The Depository Trust Company, New York, New York (“DTC”). DTC will act as securities depository for the bonds, and purchasers of the Bonds will not receive certificates representing their interest in the Bonds purchased.
The Bonds are not callable for redemption prior to their stated maturities.
The principal of the Bonds, upon maturity or redemption, will be payable at the principal corporate trust office of the Paying Agent upon presentation and surrender thereof, and interest on the Bonds will be payable by the Paying Agent by check mailed by the Paying Agent to the registered owner (determined as of the 15th calendar day of the month next preceding said interest payment date) at the address as shown on the books of said Paying Agent. Said Paying Agent will be a qualified bank or trust company selected by the Issuer.
Except as provided under DTC’s book-entry only system, the Bonds may be transferred, registered and assigned only on the registration books of the Paying Agent, and such registration shall be at the expense of the Issuer. A Bond may be assigned by the execution of an assignment form on the Bonds or by other instruments of transfer and assignment acceptable to the Paying Agent. A new Bond or Bonds will be delivered by the Paying Agent to the last assignee (the new registered owner) in exchange for such transferred and assigned Bonds after receipt of the Bonds to be transferred in proper form. Such new Bond or Bonds must be in the denomination of $5,000 or any integral multiple thereof within a single maturity. Neither the Issuer nor the Paying Agent shall be required to issue, register, transfer or exchange any Bond during a period beginning at the opening of business on the 15th day of the month next preceding an interest payment date and ending at the close of business on the interest payment date.
Each bid submitted, whether submitted as a sealed bid or electronically, must be for the entire issue of Bonds, and must be accompanied by (i) a certified or cashier's check on any member of the Federal Reserve System, or (ii) a Financial Surety Bond, in the amount of One Hundred Fifty Thousand Dollars ($150,000) made payable to the Issuer as a guarantee that the bidders will comply with the terms of their bids. If a Financial Surety Bond is used, it must be from an insurance company licensed to issue such a bond in the State of Louisiana, and such Financial Surety Bond must be submitted to the Governing Authority or its Co-Bond Counsel by 9:00 a.m., Louisiana (Central) time, on the sale day. The Financial Surety Bond must identify each bidder whose Deposit is guaranteed by such Financial Surety Bond. If the Bonds are awarded to a bidder utilizing a Financial Surety Bond, then that purchaser is required to submit its Deposit to the Issuer in the form of a wire transfer not later than 3:30 p.m., Louisiana (Central) time, on the day following the award. If such Deposit is not received by that time, the Financial Surety Bond may be drawn by the Issuer to satisfy the Deposit requirement. The Deposits of the unsuccessful bidder or bidders will be returned promptly, and the Deposit of the successful bidder or bidders will be deposited and the proceeds credited against the purchase price of the Bonds, or in the case of neglect or refusal to comply with such bid, will be forfeited to the Issuer as and for liquidated damages. No interest will be allowed on the amount of the Deposit.
Bidders shall (i) name the rate or rates of interest the Bonds shall bear, (ii) shall prescribe one rate of interest, not to exceed six per centum (6%) per annum, for the Bonds of any one maturity, (iii) shall limit the interest due on each Bond for each interest period to a single rate, (iv) shall be unconditional and (v) in the case of sealed bids, shall be made on the form furnished by the Issuer without alteration, omission or qualification.
No bid for less than par or which specifies the cancellation of Bonds will be considered. Any premium bid must be paid in the funds specified for the payment of Bonds as part of the purchase price.
The Governing Authority will meet at the place and time hereinabove set forth for the receipt of bids. The Bonds will be awarded to the bidder whose bid offers the lowest "true interest cost" to the Issuer for the full authorized amount of the Bonds, to be determined by doubling the semiannual interest rate (compounded semiannually) necessary to discount the debt service payments on the Bonds from the payment dates to September 1, 2008, such that the sum of such present values is equal to the price bid, including any premium bid but not including interest accrued to the date of delivery (the preceding calculation is sometimes referred to as the "Canadian Interest Cost Method" or "Present Value Method"). In the case of a tie bid, the winning bid will be awarded by lot. If any bid for the Bonds shall be acceptable, a prompt award of the Bonds will be made. The right is expressly reserved to waive any irregularity in any bid or to reject any and all bids received.
The Official Statement containing pertinent information relative to the authorization, sale and security of the Bonds is being prepared and may be obtained upon its completion from Fiscal Services, Inc., One Canal Place, Suite 2630, 365 Canal Street, New Orleans, Louisiana 70130-1138.
It is anticipated that the American Bankers' Association Committee on Uniform Security Identification Procedures (CUSIP) identification numbers will be printed on the Bonds, but the failure to print such numbers shall not constitute cause for refusal by the successful bidder to accept delivery of and to pay for the Bonds. No CUSIP identification number shall be deemed to be part of any Bond or a part of the contract evidenced thereby, and no liability shall hereafter attach to the Issuer or any of the officers or agents thereof because of or on account of such numbers. All expenses in relation to the printing of the CUSIP identification numbers on the Bonds shall be paid by the Issuer. However, the CUSIP Service Bureau charge for the assignment of such numbers shall be the responsibility of and shall be paid by the successful bidder.
The approving legal opinion of Mahtook & Lafleur, LLC, Bond Counsel and Foley & Judell, LLP, Co-Bond Counsel, who have supervised the proceedings, the printed Bonds and the transcript of record as passed upon will be furnished to the successful bidder without cost to him. Said transcript will contain the usual closing proofs, including a certificate that up to the time of delivery no litigation has been filed questioning the validity of the Bonds or the taxes necessary to pay the same.
In order to assist bidders in complying with S.E.C. Rule 15c2-12(b)(5), the Governing Authority will undertake, pursuant to the resolution providing for the issuance of the Bonds and a Continuing Disclosure Certificate, to provide annual reports and notices of certain events. A description of this undertaking will be set forth in the Preliminary Official Statement and will also be set forth in the Final Official Statement.
For information relative to the Bonds and not contained in the Official Notice of Sale and Official Statement, address Mr. David Crutchfield, Finance Director, City of Alexandria, 915 3rd Street, Alexandria, Louisiana 71301, Mahtook & Lafleur, Bond Counsel, 211 S. Coreil Street, Ville Platte, Louisiana 70586 or Foley & Judell, LLP, Co-Bond Counsel, One Canal Place, Suite 2600, 365 Canal Street, New Orleans, Louisiana 70130, Bond Counsel.
THUS DONE AND SIGNED at Alexandria, Louisiana, on this, the 17th day of June, 2008.
/s/ Jacques Roy
Mayor
Attest:
/s/ Nancy Thiels
City Clerk
SECTION Date and Time of Sale. This Governing Authority will meet in open and public session at the time and place set out in the Official Notice of Sale incorporated herein (or such other date as may be determined by the Mayor and advertised by Munifacts Disclosure Service), for the purpose of receiving bids for the Bonds, considering and taking action upon the bids, and taking any other action required by this resolution, or necessary to effectuate the issuance, sale and delivery of the Bonds. If any award of the Bonds shall be made, such award shall be made for not less than par and accrued interest to the highest bidder therefor, such award and highest bidder to be determined in accordance with the aforesaid Official Notice of Sale.
SECTION Bid Form and Preliminary Official Statement. There shall be prepared an Official Bid Form for the submission of bids and a Preliminary Official Statement which shall contain complete bidding details, security features and other pertinent information relative to the sale and issuance of the Bonds as may be deemed necessary, advisable or desirable, which Official Bid Form and Preliminary Official Statement shall be distributed to all prospective bidders and other interested parties.
SECTION Disclosure. In order to assist bidders in complying with S.E.C. Rule 15c2-12(b)(5), the Governing Authority will undertake, pursuant to the resolution providing for the issuance of the Bonds and a Continuing Disclosure Certificate, to provide annual reports and notices of certain events. A description of this undertaking will be set forth in the Preliminary Official Statement and will also be set forth in the final Official Statement.
SECTION 9. State Bond Commission Approval. Application be and the same is hereby formally made to the State Bond Commission, Baton Rouge, Louisiana, for its consent and authority to issue and sell the aforesaid issue of Bonds, and a certified copy of this resolution shall be forwarded to the State Bond Commission on behalf of the Issuer, together with a letter requesting the prompt consideration and approval of this application. By virtue of applicant/issuer’s application for, acceptance and utilization of the benefits of the Louisiana State Bond Commission’s approval(s) resolved and set forth herein, it resolves that it understands and agrees that such approval(s) are expressly conditioned upon, and it further resolves that it understands, agrees and binds itself, its successors and assigns to, full and continuing compliance with the “State Bond Commission Policy on Approval of Proposed Use of Swaps, or other forms of Derivative Products Hedges, Etc.”, adopted by the Commission on July 20, 2006, as to the borrowing(s) and other matter(s) subject to the approval(s), including subsequent application and approval under said Policy of the implementation or use of any swap(s) or other product(s) or enhancement(s) covered thereby.
This resolution having been submitted to a vote, the vote thereon was as follows:
Member Yea Nay Absent Abstaining
Roosevelt Johnson x _____ _____ _____
Myron K. Lawson x _____ _____ _____
Louis Marshall x _____ _____
Everett Hobbs x _____ _____
Charles F. Smith, Jr. x _____ _____
Harry B. Silver _____ x
Chuck Fowler, Jr. x _____ _____ _____
And the resolution was declared adopted on this, the 17th day of June, 2008.
/s/ Nancy Thiels /s/ Louis Marshall
Clerk President
The following resolution was offered by Mr. Fowler and seconded by Mr. Lawson:
RESOLUTION NO. 8420-2008
A resolution authorizing the advertising for bids for the purchase of Twenty Five Million Dollars ($25,000,000) of Sales Tax Bonds, Series 2008, of the City of Alexandria, State of Louisiana, and providing for other matters in connection therewith.
BE IT RESOLVED by the City Council of the City of Alexandria, State of Louisiana (the “Governing Authority”), acting as the governing authority of the City of Alexandria, State of Louisiana (the “Issuer”), that:
SECTION Advertisement for Sale. The Mayor of the Issuer is hereby empowered, authorized and directed to advertise for sealed paper or electronic bids via PARITY® for the purchase of Twenty Five Million Dollars ($25,000,000) of Sales Tax Bonds, Series 2008 (the “Bonds”) of the Issuer. The Bonds will be issued for the purpose of making capital improvements in the Issuer, pursuant to Sub-Part F, Part III, Chapter 4, Title 39 of the Louisiana Revised Statutes of 1950, as amended, and other constitutional and statutory authority, and payable solely from and secured by an irrevocable pledge and dedication of (i) one-half of the net avails or proceeds of the Issuer’s special one percent (1%) sales and use tax now being levied and collected pursuant to an election held by the Issuer on July 27, 1976 (the “1976 Tax”) and (ii) two-thirds of the net avails or proceeds of the Issuer’s special one percent (1%) sales and use tax now being levied and collected pursuant to a continuation and rededication election held on July 21, 2007 (the “2007 Tax”) (the 1976 Tax and the 2007 Tax being herein referred to collectively as the “Tax”), subject to the prior payment of the reasonable and necessary costs and expenses of collecting and administering the Tax and, with respect to the 1976 Tax, after provision has been made for the payments required by the outstanding Sales Tax Bonds, Series 2004, secured by and payable from the 1976 Tax (the “Outstanding Prior Lien Bonds”).
The Bonds will be initially issued in the name of Cede & Co., as nominee for The Depository Trust Company (“DTC”), as registered owner of the Bonds, and held in the custody of DTC. The Issuer and the Paying Agent acknowledge that they have executed and delivered a Letter of Representation with DTC and that the terms and provisions of said Letter of Representation shall govern in the event of any inconsistency between the provisions of this resolution and said Letter of Representation. A single certificate will be issued and delivered to DTC for each maturity of the Bonds. The Beneficial Owners will not receive physical delivery of Bond certificates except as provided herein. Beneficial Owners are expected to receive a written confirmation of their purchase providing details for the Bonds acquired. For so long as DTC shall continue to serve as securities depository for the Bonds as provided herein, all transfers of beneficial ownership interest will be made by book-entry only, and no investor or other party purchasing, selling or otherwise transferring beneficial ownership of Bonds is to receive, hold or deliver any Bond certificate.
For every transfer and exchange of the Bonds, the Beneficial Owner may be charged a sum sufficient to cover such Beneficial Owner’s allocable share of any tax, fee or other governmental charge that may be imposed in relation thereto.
Bond certificates are required to be delivered to and registered in the name of the Beneficial Owner under the following circumstances:
a. DTC determines to discontinue providing its service with respect to the Bonds. Such a determination may be made at any time by giving 30 days’ notice to the Issuer and the Paying Agent and discharging its responsibilities with respect thereto under applicable law.
b. The Issuer determines that continuation of the system of book-entry transfer through DTC (or a successor securities depository) is not in the best interests of the Beneficial Owners.
The Issuer and the Paying Agent will recognize DTC or its nominee as the Bondholder for all purposes, including notices and voting.
Neither the Issuer, nor the Paying Agent are responsible for the performance by DTC of any of its obligations, including, without limitation, the payment of moneys received by DTC, the forwarding of notices received by DTC or the giving of any consent or proxy in lieu of consent.
Whenever during the term of the Bonds the beneficial ownership thereof is determined by a book entry at DTC, the requirements of this resolution of holding, delivering or transferring the Bonds shall be deemed modified to require the appropriate person to meet the requirements of DTC as to registering or transferring the book entry to produce the same effect.
If at any time DTC ceases to hold the Bonds, all references herein to DTC shall be of no further force or effect.
SECTION Basic Terms of Bonds. The Bonds will be in fully registered form, will be dated September 1, 2008, will be in the denomination of Five Thousand Dollars ($5,000) each, or any integral multiple thereof within a single maturity, and will bear interest from date thereof, or the most recent interest payment date to which interest has been paid or duly provided for, at a rate or rates not exceeding six per centum (6%) per annum on any Bond in any interest payment period, said interest to be payable on February 1, 2009, and semiannually thereafter on February 1 and August 1 of each year. The Bonds will be in fully registered form and will mature serially on August 1 of each year as follows, to-wit:
YEAR PRINCIPAL YEAR PRINCIPAL
(AUGUST 1) AMOUNT (AUGUST 1) AMOUNT
2009 $ 785,000 2019 $1,235,000
2010 810,000 2020 1,290,000
2011 850,000 2021 1,355,000
2012 890,000 2022 1,420,000
2013 935,000 2023 1,485,000
2014 980,000 2024 1,555,000
2015 1,025,000 2025 1,630,000
2016 1,075,000 2026 1,710,000
2017 1,125,000 2027 1,790,000
2018 1,180,000 2028 1,875,000
SECTION Redemption Provisions. The Bonds maturing August 1, 2019, and thereafter, will be callable for redemption by the Issuer in full or in part at any time on or after August 1, 2018, and if less than a full maturity, then by lot within such maturity, at the principal amount thereof and accrued interest to the date fixed for redemption, plus a premium (expressed as a percentage of the principal to be redeemed), as follows:
Redemption Period Redemption
(both dates inclusive) Premium
August 1, 2018 to July 31, 2019 2%
August 1, 2019 to July 31, 2020 1%
August 1, 2020 and thereafter 0%
In the event a Bond is of a denomination larger than $5,000, a portion of such Bond ($5,000 or any multiple thereof) may be redeemed. Bonds are not required to be redeemed in inverse order of maturity. Official notice of such call of any of the Bonds for redemption will be given by first class mail, postage prepaid, by notice deposited in the United States mails not less than thirty (30) days prior to the redemption date addressed to the registered owner of each bond to be redeemed at his address as shown on the registration books of the Paying Agent.
SECTION Sale of Bonds. The Bonds shall be sold in the manner required by law, and in accordance with the terms of this resolution, the official Notice of Bond Sale herein set forth, and the Official Statement referred to in Section 7 hereof. In advertising the Bonds for sale, the Governing Authority shall reserve the right to reject any and all bids received.
SECTION Notice of Bond Sale. The Mayor of the Issuer is hereby further empowered, authorized and directed to issue a Notice of Bond Sale and cause the same to be published as required by law, which Notice of Bond Sale shall be in substantially the following form:
OFFICIAL
NOTICE OF BOND SALE
$25,000,000 OF SALES TAX BONDS, SERIES 2008
OF THE
CITY OF ALEXANDRIA, STATE OF LOUISIANA
NOTICE IS HEREBY GIVEN that the City Council of the City of Alexandria, State of Louisiana (the “Governing Authority”), acting as the governing authority of the City of Alexandria, State of Louisiana (the “Issuer”), will receive sealed bids or electronic bids via PARITY® at its regular meeting place, the Alexandria City Hall, 915 3rd Street, Alexandria, Louisiana, until eleven (11:00) o'clock a.m., Louisiana Time, Central Time, on Tuesday, July 29, 2008 (or such other date as may be determined by the Mayor and advertised by Munifacts Disclosure Service) for the purchase of Twenty Five Million Dollars ($25,000,000) of Sales Tax Bonds, Series 2008 (the "Bonds") of the Issuer, for the purpose of making capital improvements in the Issuer, pursuant to Sub-Part F, Part III, Chapter 4, Title 39 of the Louisiana Revised Statutes of 1950, as amended, and other constitutional and statutory authority, and payable solely from and secured by an irrevocable pledge and dedication of (i) one-half of the net avails or proceeds of the Issuer’s special one percent (1%) sales and use tax now being levied and collected pursuant to an election held by the Issuer on July 27, 1976 (the “1976 Tax”) and (ii) two-thirds of the net avails or proceeds of the Issuer’s special one percent (1%) sales and use tax now being levied and collected pursuant to a continuation and rededication election held on July 21, 2007 (the “2007 Tax”) (the 1976 Tax and the 2007 Tax being herein referred to collectively as the “Tax”), subject to the prior payment of the reasonable and necessary costs and expenses of collecting and administering the Tax and, with respect to the 1976 Tax, after provision has been made for the payments required by the outstanding Sales Tax Bonds, Series 2004, secured by and payable from the 1976 Tax (the “Outstanding Prior Lien Bonds”).
Electronic bids will be received for the Bonds via PARITY®, in the manner described below, until 11:00 a.m., Louisiana time, on Tuesday, July 29, 2008.
Bids may be submitted electronically via PARITY® pursuant to this Official Notice of Sale until 11:00 a.m., Louisiana time, but no bid will be received after the time for receiving bids specified above. To the extent any instructions or directions set forth in PARITY® conflict with this Official Notice of Sale, the terms of this Official Notice of Sale shall control. For further information about PARITY®, potential bidders may contact PARITY® at (212) 849-5021.
Each qualified prospective electronic bidder shall be solely responsible to register to bid via PARITY® as described above, and to make necessary arrangements to access PARITY® for the purposes of submitting its bid in a timely manner and in compliance with the requirements of this Official Notice of Sale. Neither the Issuer nor PARITY®, shall have any duty or obligation to provide or assure access to PARITY® to any prospective bidder, and neither the Issuer nor PARITY® shall be responsible for a bidder's failure to register to bid or for proper operation of, or have any liability for any delays or interruptions of, or any damages caused by, PARITY®. The Issuer is using PARITY® as a communication mechanism, and not as the Issuer's agent, to conduct the electronic bidding for the Bonds. No other form of electronic bid or provider of electronic bidding services will be accepted. The Issuer is not bound by any advice and determination of PARITY® to the effect that any particular bid complies with the terms of this Official Notice of Sale. All costs and expenses incurred by prospective bidders in connection with their registration and submission of bids via PARITY® are the sole responsibility of the bidders; and the Issuer is not responsible, directly or indirectly, for any of such costs or expenses. If a prospective bidder encounters any difficulty in submitting, modifying or withdrawing a bid for the Bonds, he should telephone PARITY® at (212) 849-5021 and notify the Issuer's Bond Counsel, Foley & Judell, L.L.P. at (504) 568-1249.
Electronic bids must be submitted via PARITY® for the purchase of the Bonds. Bids will be communicated electronically to the Issuer at 11:00 a.m., local Louisiana time, on July 29, 2008. Prior to that time, a prospective bidder may (1) submit the proposed terms of its bid via PARITY®, (2) modify the proposed terms of its bid, in which event the proposed terms as last modified will (unless the bid is withdrawn as described herein) constitute its bid for the Bonds, or (3) withdraw its proposed bid. Once the bids are communicated electronically via PARITY® to the Issuer, each bid will constitute an irrevocable offer to purchase the Bonds on the terms therein provided. For purposes of the electronic bidding process, the time as maintained on PARITY® shall constitute the official time.
Bids will also be accepted in written form on the Official Bid Form. The Issuer will receive sealed bids at the Alexandria City Hall, 915 3rd Street, Alexandria, Louisiana, for the purchase of $25,000,000 of principal amount of Sales Tax Bonds, Series 2008 of the City of Alexandria, State of Louisiana. Each bid in written form must be on the Official Bid Form in a sealed envelope marked "Proposal for the Purchase of Sales Tax Bonds, Series 2008 of the City of Alexandria, State of Louisiana". For purposes of accepting written bids, the time as maintained on PARITY® shall constitute the official time.
The Bonds will be in fully registered form, will be dated September 1, 2008, and will be in the denomination of Five Thousand Dollars ($5,000) each, or any integral multiple thereof within a single maturity. The Bonds will bear interest from date thereof or the most recent interest payment date to which interest has been paid or duly provided for, at a rate or rates not exceeding six per centum (6%) per annum on any Bond in any interest payment period, said interest to be payable on February 1, 2009 and semiannually thereafter on February 1 and August 1 of each year. The Bonds will mature serially on August 1 of each year as follows, to-wit:
YEAR PRINCIPAL YEAR PRINCIPAL
(AUGUST 1) AMOUNT (AUGUST 1) AMOUNT
2009 $ 785,000 2019 $1,235,000
2010 810,000 2020 1,290,000
2011 850,000 2021 1,355,000
2012 890,000 2022 1,420,000
2013 935,000 2023 1,485,000
2014 980,000 2024 1,555,000
2015 1,025,000 2025 1,630,000
2016 1,075,000 2026 1,710,000
2017 1,125,000 2027 1,790,000
2018 1,180,000 2028 1,875,000
The Bonds will be issued as fully registered bonds in “book-entry only” form and registered in the name of Cede & Co., as nominee of The Depository Trust Company, New York, New York (“DTC”). DTC will act as securities depository for the bonds, and purchasers of the Bonds will not receive certificates representing their interest in the Bonds purchased.
The Bonds maturing August 1, 2019, and thereafter, will be callable for redemption by the Issuer in full or in part at any time on or after August 1, 2018, and if less than a full maturity, then by lot within such maturity, at the principal amount thereof and accrued interest to the date fixed for redemption, plus a premium (expressed as a percentage of the principal to be redeemed), as follows:
Redemption Period Redemption
(both dates inclusive) Premium
August 1, 2018 to July 31, 2019 2%
August 1, 2019 to July 31, 2020 1%
August 1, 2020 and thereafter 0%
In the event a Bond is of a denomination larger than $5,000, a portion of such Bond ($5,000 or any multiple thereof) may be redeemed. Bonds are not required to be redeemed in inverse order of maturity. Official notice of such call of any of the Bonds for redemption will be given by first class mail, postage prepaid, by notice deposited in the United States mails not less than thirty (30) days prior to the redemption date addressed to the registered owner of each bond to be redeemed at his address as shown on the registration books of the Paying Agent.
The principal of the Bonds, upon maturity or redemption, will be payable at the principal corporate trust office of the Paying Agent upon presentation and surrender thereof, and interest on the Bonds will be payable by the Paying Agent by check mailed by the Paying Agent to the registered owner (determined as of the 15th calendar day of the month next preceding said interest payment date) at the address as shown on the books of said Paying Agent. Said Paying Agent will be a qualified bank or trust company selected by the Issuer.
Except as provided under DTC’s book-entry only system, the Bonds may be transferred, registered and assigned only on the registration books of the Paying Agent, and such registration shall be at the expense of the Issuer. A Bond may be assigned by the execution of an assignment form on the Bonds or by other instruments of transfer and assignment acceptable to the Paying Agent. A new Bond or Bonds will be delivered by the Paying Agent to the last assignee (the new registered owner) in exchange for such transferred and assigned Bonds after receipt of the Bonds to be transferred in proper form. Such new Bond or Bonds must be in the denomination of $5,000 or any integral multiple thereof within a single maturity. Neither the Issuer nor the Paying Agent shall be required to issue, register, transfer or exchange (i) any Bond during a period beginning at the opening of business on the 15th day of the month next preceding an interest payment date and ending at the close of business on the interest payment date, or (ii) any Bond called for redemption prior to maturity during a period beginning at the opening of business fifteen (15) days before the date of the mailing of a notice of redemption of such Bonds and ending on the date of such redemption.
Each bid submitted, whether submitted as a sealed bid or electronically, must be for the entire issue of Bonds, and must be accompanied by (i) a certified or cashier's check on any member of the Federal Reserve System, or (ii) a Financial Surety Bond, in the amount of Two Hundred Fifty Thousand Dollars ($250,000) made payable to the Issuer as a guarantee that the bidders will comply with the terms of their bids. If a Financial Surety Bond is used, it must be from an insurance company licensed to issue such a bond in the State of Louisiana, and such Financial Surety Bond must be submitted to the Governing Authority or its Bond Counsel by 9:00 a.m., Louisiana (Central) time, on the sale day. The Financial Surety Bond must identify each bidder whose Deposit is guaranteed by such Financial Surety Bond. If the Bonds are awarded to a bidder utilizing a Financial Surety Bond, then that purchaser is required to submit its Deposit to the Issuer in the form of a wire transfer not later than 3:30 p.m., Louisiana (Central) time, on the day following the award. If such Deposit is not received by that time, the Financial Surety Bond may be drawn by the Issuer to satisfy the Deposit requirement. The Deposits of the unsuccessful bidder or bidders will be returned promptly, and the Deposit of the successful bidder or bidders will be deposited and the proceeds credited against the purchase price of the Bonds, or in the case of neglect or refusal to comply with such bid, will be forfeited to the Issuer as and for liquidated damages. No interest will be allowed on the amount of the Deposit.
Bidders shall (i) name the rate or rates of interest the Bonds shall bear, (ii) shall prescribe one rate of interest, not to exceed six per centum (6%) per annum, for the Bonds of any one maturity, (iii) shall limit the interest due on each Bond for each interest period to a single rate, (iv) shall be unconditional and (v) in the case of sealed bids, shall be made on the form furnished by the Issuer without alteration, omission or qualification.
In addition to the foregoing, the interest rate specified for any maturity after the 2019 maturity shall be the same or greater than the interest rate for the preceding maturity. No bid for less than par or which specifies the cancellation of Bonds will be considered. Any premium bid must be paid in the funds specified for the payment of Bonds as part of the purchase price.
Bidders may specify that all the principal amount of Bonds on any two or more consecutive annual payment dates on or after the 2019 maturity may, in lieu of maturing on each of such dates, be combined to comprise one or more maturities of Bonds scheduled to mature on the latest of such annual payment dates and be subject to redemption through mandatory sinking fund installments at the principal amount thereof in the manner described in the Official Statement, on each of the annual payment dates, except for that principal amount of Bonds scheduled to mature on the latest such annual payment date, which Bonds shall mature on such annual payment date (“Term Bonds”). Bidders may specify one or more of such Term Bonds.
The Governing Authority will meet at the place and time hereinabove set forth for the receipt of bids. The Bonds will be awarded to the bidder whose bid offers the lowest "true interest cost" to the Issuer for the full authorized amount of the Bonds, to be determined by doubling the semiannual interest rate (compounded semiannually) necessary to discount the debt service payments on the Bonds from the payment dates to September 1, 2008, such that the sum of such present values is equal to the price bid, including any premium bid but not including interest accrued to the date of delivery (the preceding calculation is sometimes referred to as the "Canadian Interest Cost Method" or "Present Value Method"). In the case of a tie bid, the winning bid will be awarded by lot. If any bid for the Bonds shall be acceptable, a prompt award of the Bonds will be made. The right is expressly reserved to waive any irregularity in any bid or to reject any and all bids received.
The Official Statement containing pertinent information relative to the authorization, sale and security of the Bonds is being prepared and may be obtained upon its completion from the Issuer's Bond Counsel, Foley & Judell, LLP, One Canal Place, Suite 2600, 365 Canal Street, New Orleans, Louisiana 70130-1138.
It is anticipated that the American Bankers' Association Committee on Uniform Security Identification Procedures (CUSIP) identification numbers will be printed on the Bonds, but the failure to print such numbers shall not constitute cause for refusal by the successful bidder to accept delivery of and to pay for the Bonds. No CUSIP identification number shall be deemed to be part of any Bond or a part of the contract evidenced thereby, and no liability shall hereafter attach to the Issuer or any of the officers or agents thereof because of or on account of such numbers. All expenses in relation to the printing of the CUSIP identification numbers on the Bonds shall be paid by the Issuer. However, the CUSIP Service Bureau charge for the assignment of such numbers shall be the responsibility of and shall be paid by the successful bidder.
The approving legal opinion of Foley & Judell, LLP, of New Orleans, Louisiana, Bond Counsel and Carol D. Powell Lexing, of Alexandria, Louisiana, Co-Bond Counsel, who have supervised the proceedings, the printed Bonds and the transcript of record as passed upon will be furnished to the successful bidder without cost to him. Said transcript will contain the usual closing proofs, including a certificate that up to the time of delivery no litigation has been filed questioning the validity of the Bonds or the taxes necessary to pay the same.
In order to assist bidders in complying with S.E.C. Rule 15c2-12(b)(5), the Governing Authority will undertake, pursuant to the resolution providing for the issuance of the Bonds and a Continuing Disclosure Certificate, to provide annual reports and notices of certain events. A description of this undertaking will be set forth in the Preliminary Official Statement and will also be set forth in the Final Official Statement.
For information relative to the Bonds and not contained in the Official Notice of Sale and Official Statement, address Mr. David Crutchfield, Finance Director, City of Alexandria, 915 3rd Street, Alexandria, Louisiana 71301 or Foley & Judell, LLP, One Canal Place, Suite 2600, 365 Canal Street, New Orleans, Louisiana 70130, Bond Counsel.
THUS DONE AND SIGNED at Alexandria, Louisiana, on this, the 17th day of June, 2008.
/s/ Jacques Roy
Mayor
Attest:
/s/ Nancy Thiels
City Clerk
SECTION Date and Time of Sale. This Governing Authority will meet in open and public session at the time and place set out in the Official Notice of Sale incorporated herein (or such other date as may be determined by the Mayor and advertised by Munifacts Disclosure Service), for the purpose of receiving bids for the Bonds, considering and taking action upon the bids, and taking any other action required by this resolution, or necessary to effectuate the issuance, sale and delivery of the Bonds. If any award of the Bonds shall be made, such award shall be made for not less than par and accrued interest to the highest bidder therefor, such award and highest bidder to be determined in accordance with the aforesaid Official Notice of Sale.
SECTION Bid Form and Preliminary Official Statement. There shall be prepared an Official Bid Form for the submission of bids and a Preliminary Official Statement which shall contain complete bidding details, security features and other pertinent information relative to the sale and issuance of the Bonds as may be deemed necessary, advisable or desirable, which Official Bid Form and Preliminary Official Statement shall be distributed to all prospective bidders and other interested parties.
SECTION Disclosure. In order to assist bidders in complying with S.E.C. Rule 15c2-12(b)(5), the Governing Authority will undertake, pursuant to the resolution providing for the issuance of the Bonds and a Continuing Disclosure Certificate, to provide annual reports and notices of certain events. A description of this undertaking will be set forth in the Preliminary Official Statement and will also be set forth in the final Official Statement.
This resolution having been submitted to a vote, the vote thereon was as follows:
Member Yea Nay Absent Abstaining
Roosevelt Johnson x _____ _____ _____
Myron K. Lawson x _____ _____ _____
Louis Marshall x _____ _____
Everett Hobbs x _____ _____
Charles F. Smith, Jr. x _____ _____
Harry B. Silver _____ x
Chuck Fowler, Jr. x _____ _____ _____
And the resolution was declared adopted on this, the 17th day of June, 2008.
/s/ Nancy Thiels /s/ Louis Marshall
Clerk President
CONSENT CALENDAR
The Council next read all items found under the heading Consent Calendar and assigned them to committees.
Mr. Fowler moved for the adoption or introduction of all items appearing under the heading of Consent Calendar.
Mr. Fowler moved that the Clerk be instructed to set each consent item out in the minutes separately to reflect the proper movers and votes.
Mr. Smith seconded the motion. It was unanimously carried by the Council.
On motion of Mr. Fowler, seconded by Mr. Smith, the minutes taken from meeting which was held June 3, 2008 was unanimously approved by the Council.
Bids were received for Southern Heights street and drainage improvements.
Name of Bidders Base Bid
Progressive Construction $1,203,094.50
Gerace Construction $1,062,239.00
Peters Construction $1,058,110.50
Rylee Construction $1,130,762.50
Gilchrist Construction Company $1,468,890.10
The above bids were referred to the Mayor and appropriate committee for tabulation and recommendation. The following ordinance was introduced by Mr. Fowler, seconded by Mr. Smith, to wit:
AN ORDINANCE AUTHORIZING THE MAYOR TO
ACCEPT THE LOW BID SUBMITTED FOR
SOUTHERN HEIGHTS STREET AND DRAINAGE
IMPROVEMENTS, AS REFLECTED BY BIDS
RECEIVED AND TO ENTER INTO CONTRACT
FOR SAID IMPROVEMENTS, AND OTHER
MATTERS WITH RESPECT THERETO.
Bids were received for liquid chlorine for one ton cylinders.
Name of Bidders
Altivia Corporation
DPC Enterprises
The above bids were referred to the Mayor and appropriate committee for tabulation and recommendation. The following ordinance was introduced by Mr. Fowler, seconded by Mr. Smith, to wit:
AN ORDINANCE AUTHORIZING THE MAYOR
TO ACCEPT THE LOW BID SUBMITTED FOR
LIQUID CHLORINE FOR ONE TON CYLINDERS,
AS REFLECTED BY BIDS RECEIVED AND TO
ENTER INTO CONTRACT FOR SAID CYLINDERS
AND OTHER MATTERS WITH RESPECT THERETO.
On motion of Mr. Fowler, seconded by Mr. Smith, the following ordinance was introduced:
AN ORDINANCE AUTHORIZING THE MAYOR
TO ENTER INTO A WRITTEN COOPERATIVE
AGREEMENT WITH CENLA PRIDE/CENLA
BEAUTIFUL TO IMPROVE THE APPEARANCE
OF THE CITY BY COMBATING LITTER ON
UNKEMPT DILAPIDATED PROPERTIES, PUBLIC
THOROUGHFARES AND PARKS AND OTHER
MATTERS WITH RESPECT THERETO.
On motion of Mr. Fowler, seconded by Mr. Smith, the following ordinance was introduced:
AN ORDINANCE AUTHORIZING THE MAYOR
TO ENTER INTO A WRITTEN COOPERATIVE
ENDEAVOR AGREEMENT WITH THE
COMMUNITY SENIOR CITIZENS MULTI-
PURPOSE RESOURCE3 CENTER FOR
SERVICES TO BE RENDERED AT THE
BROADWAY RESOURCE CENTER AND
OTHER MATTERS WITH RESPECT THERETO.
On motion of Mr. Fowler, seconded by Mr. Smith, the following ordinance was introduced:
AN ORDINANCE AUTHORIZING THE MAYOR
TO ENTER INTO A WRITTEN COOPERATIVE
ENDEAVOR AGREEMENT WITH LOUISIANA
ASSOCIATION OF NONPROFIT ORGANIZATIONS
(LANO) FOR THE DEVELOPMENT AND
IMPLEMENTATION OF A COMPREHENSIVE
TRAINING PROGRAM FOR LOCAL NON-PROFIT
ORGANIZATIONS RECEIVING CITY FUNDING AND
OTHER MATTERS WITH RESPECT THERETO.
The above item was referred to the Legal committee.
On motion of Mr. Fowler, seconded by Mr. Smith, the following ordinance was introduced:
AN ORDINANCE AUTHORIZING THE MAYOR
TO ENTER INTO A COOPERATIVE ENDEAVOR
AGREEMENT WITH THE RAPIDES PARISH
LIBRARY TO PROMOTE SUMMER READING FOR
CHILDREN WITHOUT TRANSPORTATION TO
THE LIBRARY AND OTHER MATTERS WITH
RESPECT THERETO.
On motion of Mr. Fowler, seconded by Mr. Smith, the following ordinance was introduced:
AN ORDINANCE AUTHORIZING THE MAYOR
TO ACCEPT THE LOWST QUOTE RECEIVED
FOR CAUSTIC SODA FOR USE BY THE
ELECTRIC PRODUCTION DEPARTMENT AND
OTHER MATTERS WITH RESPECT THERETO.
On motion of Mr. Fowler, seconded by Mr. Smith, the following ordinance was introduced:
AN ORDINANCE AUTHORIZING THE MAYOR
TO ACCEPT THE LOWEST QUOTE RECEIVED
FOR HARDWARE & SAFETY PRODUCTS FOR
A TWELVE MONTH PERIOD AND OTHER
MATTERS WITH RESPECT THERETO.
On motion of Mr. Fowler, seconded by Mr. Smith, the following ordinance was introduced:
AN ORDINANCE AUTHORIZING THE MAYOR
TO RENEW THE EXISTING CONTRACT FOR
STRIPING OF PUBLIC STREETS & OTHER
PUBLIC PROPERTIES FOR THE TRAFFIC
DEPARTMENT AND OTHER MATTERS WITH
RESPECT THERETO.
On motion of Mr. Fowler, seconded by Mr. Smith, the following ordinance was introduced:
AN ORDINANCE AUTHORIZING THE MAYOR
TO RENEW THE EXISTING CONTRACT FOR
TESTING, CALIBRATION AND MAINTENANCE
OF SUBSTATION RELAYS, METERS AND
RELATED EQUIPMENT FOR THE ELECTRIC
DISTRIBUTION DEPARTMENT AND OTHER
MATTERS WITH RESPECT THERETO.
On motion of Mr. Fowler, seconded by Mr. Smith, the following ordinance was introduced:
AN ORDINANCE AUTHORIZING THE MAYOR
TO RENEW THE EXISTING CONTRACT FOR
TRANSFORMER REPAIRS FOR POLEMOUNT
AND PADMOUNT TRANSFORMERS FOR THE
ELECTRIC DISTRIBUTION DEPARTMENT AND
OTHER MATTERS WITH RESPECT THERETO.
On motion of Mr. Fowler, seconded by Mr. Smith, the following ordinance was introduced:
AN ORDINANCE AUTHORIZING THE CITY
TO “PIGGYBACK” OFF OF JEFFERSON PARISH’S
BID WITH COVINGTON SALES & SERVICE FOR
ONE (1) 500 GALLON TRAILER MOUNTED VACUUM
UNIT FOR THE WASTEWATER DEPARTMENT AND
OTHER MATTERS WITH RESPECT THERETO.
On motion of Mr. Fowler, seconded by Mr. Smith, the following ordinance was introduced:
AN ORDINANCE DECLARING A 1986 PUMPER
TRUCK FOR THE ALEXANDRIA FIRE DEPARTMENT
AS SURPLUS PROPERTY AND AUTHORIZING
THE MAYOR TO ENTER INTO AN INTERGOVERN-
MENTAL AGREEMENT WITH THE TOWN OF
LECOMPTE AND OTHER MATTERS WITH RESPECT
THERETO.
Mr. Fowler moved for the adoption of the following resolution which was seconded by Mr. Smith, to wit:
RESOLUTION 8421-2008
A RESOLUTION AUTHORIZING THE CITY TO
STATE THEIR INTENTION TO REVIEW THE
CITY’S RECYCLING PROGRAM AS SET FORTH
BY LAC 33:VII.10307.
The President called for any discussion. There being no further discussion, a vote was called for and resulted as follows:
YEAS: Fowler, Johnson, Smith, Hobbs, Marshall, Lawson.
NAYS: None.
ABSENT: Silver.
The resolution was thereupon declared adopted on this the 17th day of June, 2008.
Mr. Fowler moved for the adoption of the following resolution which was seconded by Mr. Smith, to wit:
RESOLUTION 8422-2008
A RESOLUTION AUTHORIZING ADVERTISEMENT
FOR BIDS FOR TWO (2) PNEUMATIC TYPE
CAPACITY FORKLIFTS FOR THE MOTOR POOL
AND CENTRAL WAREHOUSE DEPARTMENTS.
The President called for any discussion. There being no further discussion, a vote was called for and resulted as follows:
YEAS: Fowler, Johnson, Smith, Hobbs, Marshall, Lawson.
NAYS: None.
ABSENT: Silver.
The resolution was thereupon declared adopted on this the 17th day of June, 2008.
Mr. Fowler moved for the adoption of the following resolution which was seconded by Mr. Smith, to wit:
RESOLUTION 8423-2008
A RESOLUTION AUTHORIZING ADVERTISEMENT
FOR BIDS FOR COMBINATION SEWER & STORM
DRAIN CLEANING TRUCK FOR THE STREET
DEPARTMENT.
The President called for any discussion. There being no further discussion, a vote was called for and resulted as follows:
YEAS: Fowler, Johnson, Smith, Hobbs, Marshall, Lawson.
NAYS: None.
ABSENT: Silver.
The resolution was thereupon declared adopted on this the 17th day of June, 2008.
Mr. Fowler moved for the adoption of the following resolution which was seconded by Mr. Smith, to wit:
RESOLUTION 8424-2008
A RESOLUTION AUTHORIZING ADVERTISEMENT
FOR BIDS FOR ONE (1) ARMORED SWAT BEARCAT
VEHICLE FOR THE ALEXANDRIA POLICE DEPARTMENT.
The President called for any discussion. There being no further discussion, a vote was called for and resulted as follows:
YEAS: Fowler, Johnson, Smith, Hobbs, Marshall, Lawson.
NAYS: None.
ABSENT: Silver.
The resolution was thereupon declared adopted on this the 17th day of June, 2008.
ORDINANCES FOR FINAL ADOPTION
SUBJECT TO PUBLIC HEARING
The following ordinance which was previously introduced and laid over for publication of notice and no objection having been filed there to was brought up for final adoption on motion of Mr. Hobbs and seconded by Mr. Smith, to wit:
ORDINANCE NO. 178-2008
AN ORDINANCE AUTHORIZING THE MAYOR
TO ACCEPT THE LOW BID SUBMITTED FOR
VERSAILLES BOULEVARD, PHASE I- PACKAGE
2, AS REFLECTED BY BIDS RECEIVED AND
TO ENTER INTO CONTRACT FOR SAID
PROJECT AND OTHER MATTERS WITH RESPECT
THERETO.
The President called for any discussion. There being no other discussion, a vote was called and the following recorded:
YEAS: Hobbs, Marshall, Lawson, Fowler, Johnson, Smith.
NAYS: None.
ABSENT: Silver.
The ordinance was thereupon declared adopted on this the 17th day of June, 2008.
The following ordinance which was previously introduced and laid over for publication of notice and no objection having been filed there to was brought up for final adoption on motion of Mr. Fowler seconded by Mr. Lawson, to wit:
ORDINANCE NO. 179-2008
AN ORDINANCE AUTHORIZING THE MAYOR
TO ACCEPT THE LOW BID SUBMITTED FOR
SINGLE PHASE POLEMOUNT TRANSFORMERS,
AS REFLECTED BY BIDS RECEIVED AND TO
ENTER INTO CONTRACT FOR SAID TRANSFOR-
MERS AND OTHER MATTERS WITH RESPECT
THERETO.
The President called for any discussion. There being no other discussion, a vote was called and the following recorded:
YEAS: Fowler, Johnson, Smith, Hobbs, Marshall, Lawson.
NAYS: None.
ABSENT: Silver.
The ordinance was thereupon declared adopted on this the 17th day of June, 2008.
The following ordinance which was previously introduced and laid over for publication of notice and no objection having been filed there to was brought up for final adoption on motion of Mr. Lawson and seconded by Mr. Fowler, to wit:
ORDINANCE NO. 196-2008
AN ORDINANCE AUTHORIZING THE MAYOR
TO ENTER INTO A WRITTEN COOPERATIVE
ENDEAVOR AGREEMENT WITH THE YMCA
TO PROVIDE A SUMMER RECREATIONAL
SWIMMING PROGRAM FOR THE CITY’S YOUTH
AND OTHER MATTERS WITH RESPECT THERETO.
The President called for any discussion. There being no other discussion, a vote was called and the following recorded:
YEAS: Lawson, Fowler, Johnson, Smith, Hobbs, Marshall.
NAYS: None.
ABSENT: Silver.
The ordinance was thereupon declared adopted on this the 17th day of June, 2008.
The following ordinance which was previously introduced and laid over for publication of notice and no objection having been filed there to was brought up for final adoption on motion of Mr. Smith and seconded by Mr. Fowler, to wit:
ORDINANCE NO. 180-2008
AN ORDINANCE AUTHORIZING THE MAYOR
TO EXECUTE CHANGE ORDER NO. 3 WITH
DUAL CONSTRUCTION, IN CONNECTION
WITH THE HIGHWAY 28 WEST SEWER TRUNK
MAIN PROJECT AND OTHER MATTERS WITH
RESPECT THERETO.
The President called for any discussion. There being no other discussion, a vote was called and the following recorded:
YEAS: Smith, Hobbs, Marshall, Lawson, Fowler, Johnson.
NAYS: None.
ABSENT: Silver.
The ordinance was thereupon declared adopted on this the 17th day of June, 2008.
The following ordinance which was previously introduced and laid over for publication of notice and no objection having been filed there to was brought up for final adoption on motion of Mr. Smith and seconded by Mr. Fowler, to wit:
ORDINANCE NO. 181-2008
AN ORDINANCE AUTHORIZING ACCEPTANCE
OF A DONATION OF A 15’ WIDE UTILITY
SERVITUDE SITUATED IN BLOCK 15 AND
PART OF BLOCK 12 OF THE HAAS INVESTMENT
COMPANY ADDITION AND OTHER MATTERS
WITH RESPECT THERETO.
The President called for any discussion. There being no other discussion, a vote was called and the following recorded:
YEAS: Smith, Hobbs, Marshall, Lawson, Fowler, Johnson.
NAYS: None.
ABSENT: Silver.
The ordinance was thereupon declared adopted on this the 17th day of June, 2008.
The following ordinance which was previously introduced and laid over for publication of notice and no objection having been filed there to was brought up for final adoption on motion of Mr. Lawson and seconded by Mr. Johnson, to wit:
ORDINANCE NO. 182-2008
AN ORDINANCE AUTHORIZING THE MAYOR TO
ENTER INTO CONTRACTS AND AGREEMENTS
TO ACCEPT DONATIONS, SERVITUDES,
EASEMENTS, PLATS, RIGHTS OF WAY AND OTHER
INSTRUMENTS NECESSARY FOR THE CITY FROM
TIME TO TIME TO ACCEPT SUCH CONTRACTS
AND AGREEMENTS AND OTHER WISE TO PROVIDE
WITH RESPECT THERETO.
The President called for any discussion. There being no other discussion, a vote was called and the following recorded:
YEAS: Lawson, Fowler, Johnson, Smith, Hobbs, Marshall.
NAYS: None.
ABSENT: Silver.
The ordinance was thereupon declared adopted on this the 17th day of June, 2008.
The following ordinance which was previously introduced and laid over for publication of notice and no objection having been filed there to was brought up for final adoption on motion of Mr. Lawson and seconded by Mr. Hobbs, to wit:
ORDINANCE NO. 183-2008
AN ORDINANCE AUTHORIZING ACCEPTANCE
OF A SUBDIVISION PLAT FOR COMMERCIAL
CENTER SUBDIVISION, PHASE V, LOTS 10-A
AND 10-B, BEING A RESUBDIVISION OF LOT 10
OF COMMERCIAL CENTER SUBDIVISION,
PHASE IV AND OTHER MATTERS WITH RESPECT
THERETO.
The President called for any discussion. There being no other discussion, a vote was called and the following recorded:
YEAS: Lawson, Fowler, Johnson, Smith, Hobbs, Marshall.
NAYS: None.
ABSENT: Silver.
The ordinance was thereupon declared adopted on this the 17th day of June, 2008.
The following ordinance which was previously introduced and laid over for publication of notice and no objection having been filed there to was brought up for final adoption on motion of Mr. Smith and seconded by Mr. Fowler, to wit:
ORDINANCE NO. 184-2008
AN ORDINANCE AUTHORIZING THE MAYOR TO
ENTER INTO A CONTRACT WITH OWEN AND
WHITE, INC., FOR PROFESSIONAL SERVICES
IN CONJUNCTION WITH THE LEVEE
CERTIFICATION PROJECT AND OTHER MATTERS
WITH RESPECT THERETO.
The President called for any discussion. There being no other discussion, a vote was called and the following recorded:
YEAS: Smith, Hobbs, Marshall, Lawson, Fowler, Johnson.
NAYS: None.
ABSENT: Silver.
The ordinance was thereupon declared adopted on this the 17th day of June, 2008.
The following ordinance which was previously introduced and laid over for publication of notice and no objection having been filed there to was brought up for final adoption on motion of Mr. Smith and seconded by Mr. Johnson, to wit:
ORDINANCE NO. 185-2008
AN ORDINANCE AUTHORIZING THE MAYOR
TO ACCEPT THE LOWEST QUOTE RECEIVED
FOR THE PURCHASE OF FLAGS AND OTHER
MATTERS WITH RESPECT THERETO.
The President called for any discussion. There being no other discussion, a vote was called and the following recorded:
YEAS: Smith, Hobbs, Marshall, Lawson, Fowler, Johnson.
NAYS: None.
ABSENT: Silver.
The ordinance was thereupon declared adopted on this the 17th day of June, 2008.
The next item on the agenda that being to consider final adoption of an ordinance authorizing the Mayor to enter into a Professional Services Agreement with Lose & Associates Inc., for the development of a comprehensive parks and recreation plan was delayed for two weeks.
The following ordinance which was previously introduced and laid over for publication of notice and no objection having been filed there to was brought up for final adoption on motion of Mr. Johnson and seconded by Mr. Smith, to wit:
ORDINANCE NO. 186-2008
AN ORDINANCE REVOKING A PORTION OF A
10’ WIDE UTILITY SERVITUDE (EASEMENT)
LOCATED ALONG THE RIGHT OF WAY OF
BAYOU VIEW DRIVE AND ALONG THE COMMON
BOUNDARY BETWEEN LOTS 3 AND 4 OF
BAYOU VIEW SUBDIVISION AND OTHER
MATTERS WITH RESPECT THERETO.
The President called for any discussion. There being no other discussion, a vote was called and the following recorded:
YEAS: Johnson, Smith, Hobbs, Marshall, Lawson, Fowler.
NAYS: None.
ABSENT: Silver.
The ordinance was thereupon declared adopted on this the 17th day of June, 2008.
The following ordinance which was previously introduced and laid over for publication of notice and no objection having been filed there to was brought up for final adoption on motion of Mr. Smith and seconded by Mr. Fowler, to wit:
ORDINANCE NO. 187-2008
AN ORDINANCE REVOKING A PORTION OF THE
50’ RIGHT OF WAY OF BAYOU VIEW DRIVE
LOCATED ADJACENT TO LOTS 6, 7, 8 AND 9
IN BAYOU VIEW SUBDIVISION AND OTHER
MATTERS WITH RESPECT THERETO.
The President called for any discussion. There being no other discussion, a vote was called and the following recorded:
YEAS: Smith, Hobbs, Marshall, Lawson, Fowler, Johnson.
NAYS: None.
ABSENT: Silver.
The ordinance was thereupon declared adopted on this the 17th day of June, 2008.
The next item on the agenda that being to consider final adoption of an ordinance authorizing the Mayor to enter into a Cooperative Endeavor Agreement with individuals, legal entities, and foundations that will offer assistance, improvements and services to the Bringhurst Park Par Three golf course was delayed for two weeks.
The next item on the agenda that being to consider final adoption of an ordinance authorizing the Mayor to enter into a Cooperative Endeavor Agreement with Government Consulting Services, Inc. to provide services of a financial advisor on significant issues and other developments and to provide other related services from time to time was delayed for two weeks.
PUBLIC WORKS/ZONING COMMITTEE
The following ordinance which was previously introduced and laid over for publication of notice and no objection having been filed there to was brought up for final adoption on motion of Mr. Johnson and seconded by Mr. Fowler, to wit:
ORDINANCE NO. 188-2008
AN ORDINANCE AUTHORIZING THE MAYOR TO
ACCEPT THE LOW BID SUBMITTED FOR NEW
KITCHEN FOR THE ALEXANDRIA ZOO, AS
REFLECTED BY BIDS RECEIVED AND TO ENTER
INTO CONTRACT FOR SAID KITCHEN AND
OTHER MATTERS WITH RESPECT THERETO.
The President called for any discussion. There being no other discussion, a vote was called and the following recorded:
YEAS: Johnson, Smith, Hobbs, Marshall, Lawson, Fowler.
NAYS: None.
ABSENT: Silver.
The ordinance was thereupon declared adopted on this the 17th day of June, 2008.
The following ordinance which was previously introduced and laid over for publication of notice and no objection having been filed there to was brought up for final adoption on motion of Mr. Smith and seconded by Mr. Fowler, to wit:
ORDINANCE NO. 189-2008
AN ORDINANCE ANNEXING 24.2397 ACRES
OF PROPERTY TO NEW YORK AVENUE AND
INTERSTATE 49 IN SECTIONS 36 & 40 OF T3N,
R1W, SOUTHWESTERN LAND DISTRICT AND
OTHER MATTERS WITH RESPECT THERETO.
The President called for any discussion. The Public Works committee recommended approval of this item. There being no other discussion, a vote was called and the following recorded:
YEAS: Smith, Hobbs, Marshall, Lawson, Fowler, Johnson.
NAYS: None.
ABSENT: Silver.
The ordinance was thereupon declared adopted on this the 17th day of June, 2008.
The following ordinance which was previously introduced and laid over for publication of notice and no objection having been filed there to was brought up for final adoption on motion of Mr. Lawson and seconded by Mr. Fowler, to wit:
ORDINANCE NO. 190-2008
AN ORDINANCE AUTHORIZING ACCEPTANCE
OF A SUBDIVISION PLAT FOR CARLYLE PLACE
SUBDIVISION AND OTHER MATTERS WITH
RESPECT THERETO.
The President called for any discussion. The Public Works/Zoning committee recommended approval of this item. There being no other discussion, a vote was called and the following recorded:
YEAS: Lawson, Fowler, Johnson, Smith, Hobbs, Marshall.
NAYS: None.
ABSENT: Silver.
The ordinance was thereupon declared adopted on this the 17th day of June, 2008.
The following ordinance which was previously introduced and laid over for publication of notice and no objection having been filed there to was brought up for final adoption on motion of Mr. Fowler and seconded by Mr. Smith, to wit:
ORDINANCE NO. 191-2008
AN ORDINANCE AUTHORIZING ACCEPTANCE
OF A SUBDIVISION PLAT FOR STRATFORD
MANOR SUBDIVISION AND OTHER MATTERS
WITH RESPECT THERETO.
The President called for any discussion. There being no other discussion, a vote was called and the following recorded:
YEAS: Fowler, Johnson, Smith, Hobbs, Marshall, Lawson.
NAYS: None.
ABSENT: Silver.
The ordinance was thereupon declared adopted on this the 17th day of June, 2008.
The next item on the agenda that being to consider final adoption of an ordinance annexing Hideway Crossing Subdivision was delayed for two weeks.
COMMUNITY DEVELOPMENT COMMITTEE
The following ordinance which was previously introduced and laid over for publication of notice and no objection having been filed there to was brought up for final adoption on motion of Mr. Johnson and seconded by Mr. Fowler, to wit:
ORDINANCE NO. 192-2008
AN ORDINANCE AUTHORIZING THE MAYOR
TO ENTER INTO A COOPERATIVE ENDEAVOR
AGREEMENT WITH THE U.S. DEPARTMENT OF
HOUSING AND URBAN DEVELOPMENT NEW
ORLEANS FIELD OFFICE FOR A HOUSING AND
URBAN DEVELOPMENT FAITH AND COMMUNITY
BASED TRAINING EVENT TO BE HELD IN
CONVENTION HALL AND OTHER MATTERS
WITH RESPECT THERETO.
The President called for any discussion. The Community Development committee recommended approval of this item. There being no other discussion, a vote was called and the following recorded:
YEAS: Johnson, Smith, Hobbs, Marshall, Lawson, Fowler.
NAYS: None.
ABSENT: Silver.
The ordinance was thereupon declared adopted on this the 17th day of June, 2008.
UTILITY COMMITTEE
The following ordinance which was previously introduced and laid over for publication of notice and no objection having been filed there to was brought up for final adoption on motion of Mr. Fowler and seconded by Mr. Lawson, to wit:
ORDINANCE NO. 193-2008
AN ORDINANCE AUTHORIZING THE MAYOR
TO RENEW THE EXISTING CONTRACT WITH
ELECTRICAL RELIABILITY SERVICES, INC.
FOR ANNUAL INSPECTION, TESTING &
CERTIFICATION OF BREAKERS AND TRANS-
FORMERS FOR D.G. HUNTER GENERATING
STATION AND OTHER MATTERS WITH RESPECT
THERETO.
The President called for any discussion. The Utility committee recommended approval of this item. There being no other discussion, a vote was called and the following recorded:
YEAS: Fowler, Johnson, Smith, Hobbs, Marshall, Lawson.
NAYS: None.
ABSENT: Silver.
The ordinance was thereupon declared adopted on this the 17th day of June, 2008.
PUBLIC SAFETY/TRANSPORTATION COMMITTEE
The following ordinance which was previously introduced and laid over for publication of notice and no objection having been filed there to was brought up for final adoption on motion of Mr. Hobbs and seconded by Mr. Fowler, to wit:
ORDINANCE NO. 194-2008
AN ORDINANCE AUTHORIZING THE MAYOR TO
ENTER INTO A CONTRACT WITH THE OFFICE
OF FAMILY SUPPORT FOR TRANSPORTATION
BUS SERVICES AND OTHER MATTERS WITH
RESPECT THERETO.
The President called for any discussion. There being no other discussion, a vote was called and the following recorded:
YEAS: Hobbs, Marshall, Lawson, Fowler, Johnson, Smith.
NAYS: None.
ABSENT: Silver.
The ordinance was thereupon declared adopted on this the 17th day of June, 2008.
FINANCE COMMITTEE
The following ordinance which was previously introduced and laid over for publication of notice and no objection having been filed there to was brought up for final adoption on motion of Mr. Johnson and seconded by Mr. Lawson, to wit:
ORDINANCE NO. 195-2008
AN ORDINANCE AUTHORIZING THE MAYOR TO
ACCEPT THE LOW BID SUBMITTED FOR 2009
MODEL YEAR VEHICLES, AS REFLECTED BY
BIDS RECEIVED AND TO ENTER INTO CONTRACT
FOR SAID VEHICLES AND OTHER MATTERS
WITH RESPECT THERETO.
The President called for any discussion. There being no other discussion, a vote was called and the following recorded:
YEAS: Johnson, Smith, Hobbs, Marshall, Lawson, Fowler.
NAYS: None.
ABSENT: Silver.
The ordinance was thereupon declared adopted on this the 17th day of June, 2008.
RESOLUTION
The next item on the agenda that being to consider adoption of a resolution confirming the appointment of T.W. Thompson as Director of Public Works for the City of Alexandria was delayed for two weeks and referred to the Personnel committee.
PUBLIC HEARING – COMMUNITY DEVELOPMENT
The President opened up the public hearing. Mr. Van Dunn with the Community Development committee reported the following items.
Mr. Fowler moved for the adoption of the following resolution which was seconded by Mr. Smith, to wit:
RESOLUTION 8425-2008
A RESOLUTION TAKING ACTION ON THE
FOLLOWING STRUCTURES LOCATED AT:
43 EASTWOOD, 510 – 14TH STREET, 1802
ELLIOTT AND 64 EASTWOOD.
The President called for any discussion. There being no further discussion, a vote was called for and resulted as follows:
YEAS: Fowler, Johnson, Smith, Hobbs, Marshall, Lawson.
NAYS: None.
ABSENT: Silver.
The resolution was thereupon declared adopted on this the 17th day of June, 2008.
The public hearing was closed.
COMMITTEES
There were no reports from the Finance, Public Works, Legal, Utility, Community Development, Personnel/Insurance and A & E Review committees.
Mr. Johnson, Chairman of the Public Safety Transportation committee reported the following.
Mr. Johnson moved for the adoption of the following resolution which was seconded by Mr. Smith, to wit:
RESOLUTION 8426-2008
A RESOLUTION CONCERNING ASSISTANCE TO
THE TOWN OF LECOMPTE AND PROVIDING A
SURPLUS FIRE TRUCK TO THE TOWN AND
OTHERWISE TO PROVIDE WITH RESPECT
THERETO.
The President called for any discussion. There being no further discussion, a vote was called for and resulted as follows:
YEAS: Johnson, Smith, Hobbs, Marshall, Lawson, Fowler.
NAYS: None.
ABSENT: Silver.
The resolution was thereupon declared adopted on this the 17th day of June, 2008.
Mr. Lawson, Chairman of the Economic Development committee reported that he would like to hear an update on SPARC report once a month.
Mr. Smith asked the Administration to give an estimate cost on the pavilion top on Cheatham Park.
Mr. Mike Redman talked about the recycling program on Broadway Avenue.
Mr. Greg Gormanous of LSUA, Mr. Chris Chellette, President of Alexandria-Pineville Mardi Gras Association and Sherry Smith with Alexandria-Pineville Convention & Tourism Bureau presented plaques to the Mayor, Louis Marshall and Myron K. Lawson.
There being no further business to come before the
Council, on motion properly seconded, the meeting was adjourned.
________________________________
President
ATTEST:
________________________
City Clerk
(36(