Council Meeting Minutes - 2009-08-11
PROCEEDINGS OF THE COUNCIL OF THE CITY OF ALEXANDRIA, LOUISIANA, STATE OF LOUISIANA, TAKEN AT A REGULAR MEETING HELD AUGUST 11, 2009.
The Council of the City of Alexandria, Louisiana, met in a regular meeting session at its regular meeting place, on Tuesday, August 11, 2009, at 5:00 P.M. There were present the Honorable Roosevelt L. Johnson, Ed Larvadain, Everett Hobbs, Jonathan D. Goins, Harry B. Silver, Chuck Fowler and Myron K. Lawson. Also present were 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 Myron K. Lawson, who stated that the Council was ready for the transaction of business. The Invocation was pronounced by Mr. Michael Caffery with the Pledge of Allegiance led by Councilman Silver.
Mr. President announced that the Council would go to item numbers 44-47 of this agenda. They are listed as follows:
Mr. Fowler moved for the adoption of the following resolution which was seconded by Mr. Johnson, to wit:
RESOLUTION NO. 8651-2009
A RESOLUTION CONFIRMING JANNEASE
SEASTRUNK AS HUMAN RESOURCE
DIRECTOR.
The President called for any discussion. The Personnel committee recommended approval of this item. There being no further discussion, a vote was called for and resulted as follows:
YEAS: Fowler, Larvadain, Goins, Silver, Hobbs, Lawson, Johnson.
NAYS: None.
ABSENT: None.
The resolution was thereupon declared adopted on this the 11th day of August, 2009.
Mr. Fowler moved for the adoption of the following resolution which was seconded by Mr. Johnson, to wit:
RESOLUTION NO. 8652-2009
A RESOLUTION CONFIRMING KAY MICHIELS
AS THE DIRECTOR OF PLANNING.
The President called for any discussion. The Personnel Committee recommended approval of this item. There being no further discussion, a vote was called for and resulted as follows:
YEAS: Fowler, Larvadain, Goins, Silver, Hobbs, Lawson, Johnson.
NAYS: None.
ABSENT: None.
The resolution was thereupon declared adopted on this the 11th day of August, 2009.
Mr. Fowler moved for the adoption of the following resolution which was seconded by Mr. Johnson, to wit:
RESOLUTION NO. 8653-2009
A RESOLUTION CONFIRMING LISA HARRIS
AS THE DIRECTOR OF COMMUNITY SERVICES.
The President called for any discussion. The Personnel committee recommended approval of this item. There being no further discussion, a vote was called for and resulted as follows:
YEAS: Fowler, Larvadain, Goins, Silver, Hobbs, Lawson, Johnson.
NAYS: None.
ABSENT: None.
The resolution was thereupon declared adopted on this the 11th day of August, 2009.
Mr. Fowler moved for the adoption of the following resolution which was seconded by Mr. Johnson, to wit:
RESOLUTION NO. 8654-2009
A RESOLUTION CONFIRMING MICHAEL
MARCOTTE AS DIRECTOR OF UTILITIES.
The President called for any discussion. The Personnel committee recommended approval of this item. There being no further discussion, a vote was called for and resulted as follows:
YEAS: Fowler, Larvadain, Goins, Silver, Hobbs, Lawson, Johnson.
NAYS: None.
ABSENT: None.
The resolution was thereupon declared adopted on this the 11th day of August, 2009.
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. Larvadain seconded the motion. It was unanimously carried by the Council.
On motion of Mr. Fowler, seconded by Mr. Larvadain, the minutes taken from meeting which was held July 28, 2009 was unanimously approved by the Council.
On motion of Mr. Fowler, seconded by Mr. Larvadain, the following ordinance was introduced:
AN ORDINANCE AUTHORIZING THE MAYOR TO
ACCEPT THE LOW BID SUBMITTED FOR
VEHICLE WASH EQUIPMENT REPLACEMENT
AT CONSOLIDATED CITY COMPOUND, AS
REFLECTED BY BIDS RECEIVED AND TO
ENTER INTO CONTRACT FOR SAID EQUIPMENT
AND OTHER MATTERS WITH RESPECT THERETO.
Bid will be received for the above referenced item on August 25, 2009.
Bids were received for equipment covers over the tire storage area at the City Compound.
Name of Bidders Bid Amount
Petron $74,400.00
Ducote $39,207.88
James A. Decker $83,640.00
Rylee Contracting $100,000.00
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. Larvadain, to wit:
AN ORDINANCE AUTHORIZING THE MAYOR TO
ACCEPT THE LOW BID SUBMITTED FOR
EQUIPMENT COVERS OVER THE TIRE STORAGE
AREA AT THE CITY COMPOUND, AS REFLECTED
BY BIDS RECEIVED AND TO ENTER INTO
CONTRACT FOR SAID EQUIPMENT COVERS
AND OTHER MATTERS WITH RESPECT
THERETO.
Bids were received for operating chemicals for the Wastewater department.
Name of Bidders
ChemSearch
Harcros Chemicals
King Kotton Industrial Supply
D & W Systems
Buck Head Products
Municipal Industrial Supply
Duke’s Sales & Service
Scoop
Thornley, Muso & Bellemin
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. Larvadain, to wit:
AN ORDINANCE AUTHORIZING THE MAYOR TO
ACCEPT THE LOW BID SUBMITTED FOR
OPERATING CHEMICALS FOR THE WASTE-
WATER DEPARTMENT, AS REFLECTED
BY BIDS RECEIVED AND TO ENTER INTO
CONTRACT FOR SAID OPERATING CHEMICALS
AND OTHER MATTERS WITH RESPECT
THERETO.
Bids were received for wire & cable for the Electric Distribution department.
Name of Bidders
Rexel
Techline
Mid-State Supply
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. Larvadain, to wit:
AN ORDINANCE AUTHORIZING THE MAYOR TO
ACCEPT THE LOW BID SUBMITTED FOR
WIRE AND CABLE FOR THE ELECTRIC
DISTRIBUTION DEPARTMENT, AS REFLECTED
BY BIDS RECEIVED AND TO ENTER INTO
CONTRACT FOR SAID WIRE AND CABLE
AND OTHER MATTERS WITH RESPECT
THERETO.
On motion of Mr. Fowler, seconded by Mr. Larvadain, the following ordinance was introduced:
AN ORDINANCE AMENDING 2009/2010
OPERATING BUDGET ADDING A
VETERINARIAN POSITION AT THE
ALEXANDRIA ZOO AND OTHER
MATTERS WITH RESPECT THERETO.
On motion of Mr. Fowler, seconded by Mr. Larvadain, the following ordinance was introduced:
AN ORDINANCE AUTHORIZING THE MAYOR
TO ENTER INTO A CONTRACT WITH LOHS
FOR SUBSTANCE ABUSE TESTING AND
OTHER MATTERS WITH RESPECT THERETO.
On motion of Mr. Fowler, seconded by Mr. Larvadain, the following ordinance was introduced:
AN ORDINANCE AUTHORIZING THE MAYOR
TO ENTER INTO A COOPERATIVE ENDEAVOR
AGREEMENTS WITH LECOMPTE,
CHENEYVILLE, PINEVILLE, WOODWORTH,
HESSMER, BUSNKIE, COTTONPORT AND
MARKSVILLE FOR THE DISPOSITION OF
CERTAIN SURPLUS POLICE VEHICLES THROUGH
THE INTERGOVERNMENTAL SERVICES LAWS
AND OTHER MATTERS WITH RESPECT THERETO.
On motion of Mr. Fowler, seconded by Mr. Larvadain, the following ordinance was introduced:
AN ORDINANCE AUTHORIZING THE MAYOR
TO RENEW THE LEASE AGREEMENT WITH
CHANDLER CORPORATION FOR THE USE
OF OFFICE SPACE AT 3700 GOVERNMENT
STREET AND OTHER MATTERS WITH
RESPECT THERETO.
On motion of Mr. Fowler, seconded by Mr. Larvadain, the following ordinance was introduced:
AN ORDINANCE AUTHORIZING THE MAYOR
TO RENEW THE FACILITIES AGREEMENT
WITH THE RAPIDES EXPLORATORY
EDUCATION HOUSE, “T.R.E.E. HOUSEâ€,
AND OTHER MATTERS WITH RESPECT
THERETO.
On motion of Mr. Fowler, seconded by Mr. Larvadain, the following ordinance was introduced:
AN ORDINANCE ANNEXING 3.60 ACRES,
MORE OR LESS, BEING THE REDEEMER
LUTHERAN CHUCH PROPERTY AND A
SMALL PORTION OF MASONIC DRIVE
LOCATED IN LOTS 20 AND 21 OF THE
COOK ALEXANDER SUBDIVISION OF THE
FLOWERTON PLANTATION AND OTHER
MATTERS WITH RESPECT THERETO.
The above item was referred to the Legal committee.
On motion of Mr. Fowler, seconded by Mr. Larvadain, the following ordinance was introduced:
AN ORDINANCE AUTHORIZING THE MAYOR
TO ACCEPT THE LOWEST QUOTE RECEIVED
FOR WASP & HORNET KILLER FOR A
TWELVE MONTH PERIOD AND OTHER
MATTERS WITH RESPECT THERETO.
The above item was referred to the Legal committee.
On motion of Mr. Fowler, seconded by Mr. Larvadain, the following ordinance was introduced:
AN ORDINANCE AUTHORIZING THE MAYOR
TO ACCEPT THE LOWEST QUOTE RECEIVED
FOR EMERGENCY DEBRIS LOADING &
HAULING SERVICES AND OTHER MATTERS
WITH RESPECT THERETO.
On motion of Mr. Fowler, seconded by Mr. Larvadain, the following ordinance was introduced:
AN ORDINANCE AUTHORIZING THE MAYOR
TO ENTER INTO A CONTRACT FOR
PROFESSIONAL SERIVCES FOR EMERGENCY
DEBRIS MANAGEMENT AND OTHER MATTERS
WITH RESPECT THERETO.
The above item was referred to the Public Safety committee.
Mr. Fowler moved for the adoption of the following resolution which was seconded by Mr. Larvadain, to wit:
RESOLUTION NO. 8655-2009
A RESOLUTION AUTHORIZING THE ADMINISTRA-
TION TO DISPENSE ADDITIONAL BUS PASSES
TO THE RAPIDES PARISH DRUG COURT IN
ACCORDANCE WITH THE INTERGOVERNMENTAL
AGREEMENT AMENDED BY ALEXANDRIA City of Alexandria COUNCIL RESOLUTION NO. 8405-2008.
The President called for any discussion. There being no further discussion, a vote was called for and resulted as follows:
YEAS: Fowler, Larvadain, Goins, Silver, Hobbs, Lawson, Johnson.
NAYS: None.
ABSENT: None.
The resolution was thereupon declared adopted on this the 11th day of August, 2009.
Mr. Fowler moved for the adoption of the following resolution which was seconded by Mr. Larvadain, to wit:
RESOLUTION NO. 8656-2009
A RESOLUTION AUTHORIZING ADVERTISEMENT
FOR BIDS FOR PETROLEUM PRODUCTS FOR A
TWELVE MONTH PERIOD.
The President called for any discussion. There being no further discussion, a vote was called for and resulted as follows:
YEAS: Fowler, Larvadain, Goins, Silver, Hobbs, Lawson, Johnson.
NAYS: None.
ABSENT: None.
The resolution was thereupon declared adopted on this the 11th day of August, 2009.
Mr. Fowler moved for the adoption of the following resolution which was seconded by Mr. Larvadain, to wit:
RESOLUTION NO. 8657-2009
A RESOLUTION AUTHORIZING ADVERTISEMENT
FOR BIDS FOR A MINIMUM OF ONE (1) TRAILER
MOUNTED TRASH PUMP FOR THE WATER
DEPARTMENT.
The President called for any discussion. There being no further discussion, a vote was called for and resulted as follows:
YEAS: Fowler, Larvadain, Goins, Silver, Hobbs, Lawson, Johnson.
NAYS: None.
ABSENT: None.
The resolution was thereupon declared adopted on this the 11th day of August, 2009.
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. Fowler and seconded by Mr. Johnson, to wit:
ORDINANCE NO. 226-2009
AN ORDINANCE AUTHORIZING THE MAYOR
OF THE CITY OF ALEXANDRIA, LOUISIANA,
TO ACCEPT THE BID SUBMITTED FOR
ANNUAL WORK UNIFORM BID FOR USE BY
VARIOUS USING DEPARTMENTS, AS
REFLECTED BY BIDS RECEIVED AND TO
ENTER INTO CONTRACT FOR SAID UNIFORMS,
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, Larvadain, Goins, Silver, Hobbs, Lawson, Johnson.
NAYS: None.
ABSENT: None.
The ordinance was thereupon declared adopted on this the 11th day of August, 2009.
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. 227-2009
AN ORDINANCE AUTHORIZING THE MAYOR
OF THE CITY OF ALEXANDRIA, LOUISIANA,
TO ACCEPT THE LOW BID SUBMITTED FOR
ROBIN ROAD SEWER IMPROVEMENT PROJECT,
AS REFLECTED BY BIDS RECEIVED AND TO
ENTER INTO CONTRACT FOR SAID SEWER
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, Lawson, Johnson, Fowler, Larvadain, Goins, Silver.
NAYS: None.
ABSENT: None.
The ordinance was thereupon declared adopted on this the 11th day of August, 2009.
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. Goins, to wit:
ORDINANCE NO. 228-2009
AN ORDINANCE AMENDING THE 2009/2010
OPERATING BUDGET FOR $5,000 FOR THE
ALEXANDRIA HOUSING AUTHORITY 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, Lawson, Johnson, Fowler, Larvadain, Goins, Silver.
NAYS: None.
ABSENT: None.
The ordinance was thereupon declared adopted on this the 11th day of August, 2009.
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. Goins, to wit:
ORDINANCE NO. 229-2009
AN ORDINANCE AUTHORIZING THE MAYOR TO
ENTER INTO A COOPERATIVE ENDEAVOR
AGREEMENT WITH THE ALEXANDRIA HOUSING
AUTHORITY TO HELP COORDINATORE AND
IMPLEMENT A BACK TO SCHOOL PROGRAM 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, Fowler, Larvadain, Goins, Silver, Hobbs, Lawson.
NAYS: None.
ABSENT: None.
The ordinance was thereupon declared adopted on this the 11th day of August, 2009.
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. Silver and seconded by Mr. Goins, to wit:
ORDINANCE NO. 230-2009
AN ORDINANCE AUTHORIZING THE MAYOR TO
ENTER INTO A PROFESSIONAL SERVICES AGREE-
MENT WITH DETRICH HEBERT FOR LEGAL
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: Silver, Hobbs, Lawson, Johnson, Fowler, Larvadain, Goins.
NAYS: None.
ABSENT: None.
The ordinance was thereupon declared adopted on this the 11th day of August, 2009.
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. Silver and seconded by Mr. Fowler, to wit:
ORDINANCE NO. 231-2009
AN ORDINANCE AUTHORIZING THE MAYOR TO
ENTER INTO A CONTRACT FOR UTILITY POLE
USE BETWEEN THE CITY AND WALLACE EYE
SURGERY 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: Silver, Hobbs, Lawson, Johnson, Fowler, Larvadain, Goins.
NAYS: None.
ABSENT: None.
The ordinance was thereupon declared adopted on this the 11th day of August, 2009.
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. Johnson, to wit:
ORDINANCE NO. 232-2009
AN ORDINANCE DECLARING CITY POLICE
DEPARTMENT LINE CARS AS SURPLUS PROPERTY
AND NOT LONGER NEEDED FOR ANY PUBLIC
PUBLIC USE 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, Lawson, Johnson, Fowler, Larvadain, Goins, Silver.
NAYS: None.
ABSENT: None.
The ordinance was thereupon declared adopted on this the 11th day of August, 2009.
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. Hobbs, to wit:
ORDINANCE NO. 233-2009
AN ORDINANCE AUTHORIZING THE MAYOR TO
ENTER INTO A CONTRACT WITH CERES ENVIRON-
MENTAL SERVICES, INC., DEEP SOUTH ORGANICS,
SOUTHERN ENVIRONMENTAL SPECIALIST, LLC
(SES) AND TAG GRINDING SERVICES, INC., TO
PROVIDE EMERGENCY DEBRIS REDUCTION
SERVICES FOLLOWING A NATURAL DISASTER 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, Larvadain, Goins, Silver, Hobbs, Lawson, Johnson.
NAYS: None.
ABSENT: None.
The ordinance was thereupon declared adopted on this the 11th day of August, 2009.
The next item on the agenda that being to consider final adoption of an ordinance authorizing the Mayor to accept the lowest quote received for flags was delayed.
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. Hobbs, to wit:
ORDINANCE NO. 234-2009
AN ORDINANCE AUTHORIZING THE MAYOR
TO ACCEPT THE LOWEST QUOTE RECEIVED
FOR GALVANIZED FITTINGS 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, Larvadain, Goins, Silver, Hobbs, Lawson, Johnson.
NAYS: None.
ABSENT: None.
The ordinance was thereupon declared adopted on this the 11th day of August, 2009.
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. Hobbs, to wit:
ORDINANCE NO. 235-2009
AN ORDINANCE AUTHORIZING THE MAYOR TO
ACCEPT THE QUOTES RECEIVED FOR HARDWARE
& SAFETY FOR TWELVE MONTHS 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, Larvadain, Goins, Silver, Hobbs, Lawson, Johnson.
NAYS: None.
ABSENT: None.
The ordinance was thereupon declared adopted on this the 11th day of August, 2009.
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. Hobbs, to wit:
ORDINANCE NO. 236-2009
AN ORDINANCE AUTHORIZING THE MAYOR TO
ACCEPT THE LOWEST QUOTE RECEIVED FROM
MSC INDUSTRIAL SUPPLY COMPANY AND
X-PEDX FOR SHOP TOWELS FOR A SIX MONTH
PERIOD 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, Larvadain, Goins, Silver, Hobbs, Lawson, Johnson.
NAYS: None.
ABSENT: None.
The ordinance was thereupon declared adopted on this the 11th day of August, 2009.
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. Hobbs, to wit:
ORDINANCE NO. 237-2009
AN ORDINANCE AUTHORIZING THE MAYOR TO
ACCEPT THE QUOTE RECEIVED FROM SOLOMAN
CORPORATION FOR THE SALE OF ELECTRIC
DISTRIBUTION SURPLUS TRANSFORMERS,
BREAKERS AND VOLTAGE REGULATORS 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, Larvadain, Goins, Silver, Hobbs, Lawson, Johnson.
NAYS: None.
ABSENT: None.
The ordinance was thereupon declared adopted on this the 11th day of August, 2009.
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. Fowler and seconded by Mr. Johnson, to wit:
ORDINANCE NO. 238-2009
AN ORDINANCE REZONING 38 MACARTHUR
DRIVING AS RQUESTED BY COTTON KENT,
LLC, REPRESENTED HEREIN BY JOHN
THOMPSON, FROM “SF-2â€SINGLE FAMILY
MODERATE DENSITY DISTRICT TO “C-2â€
GENERAL COMMERCIAL DISTRICT TO ALLOW
FOR A VEHICLE SALES AND SERVICE BUSINESS
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: Fowler, Larvadain, Goins, Silver, Hobbs, Lawson, Johnson.
NAYS: None.
ABSENT: None.
The ordinance was thereupon declared adopted on this the 11th day of August, 2009.
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. Silver, to wit:
ORDINANCE NO. 239-2009
AN ORDINANCE REZONING 1772 MONROE
STREET AS REQUESTED BY BETH DURHAM
FROM “B-3†GENERAL BUSINESS DISTRICT
TO “SF-2†SINGLE FAMILY MODERATE
DENSITY DISTRICT TO ALLOW FOR A
RESIDENTIAL USE OF A STRUCTURE BY A
NON-OWNER 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: Fowler, Larvadain, Goins, Silver, Hobbs, Lawson, Johnson.
NAYS: None.
ABSENT: None.
The ordinance was thereupon declared adopted on this the 11th day of August, 2009.
Mr. Johnson moved for the adoption of the following resolution which was seconded by Mr. Goins, to wit:
RESOLUTION NO. 8658-2009
A RESOLUTION DENYING THE REZONING OF
2501 BROADWAY AVENUE REPRESENTED BY
SCOTT RYLAND FROM “I-1†LIGHT INDUSTRIAL
DISTRICT TO “C-2†GENERAL COMMERCIAL
DISTRICT FOR THE PURPOSE OF ALLOWING
A BUS TERMINAL AND OTHER MATTERS 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, Fowler, Larvadain, Goins, Silver, Hobbs, Lawson.
NAYS: None.
ABSENT: None.
The resolution was thereupon declared adopted on this the 11th day of August, 2009.
The next item on the agenda that being to consider final adoption of an ordinance rezoning a portion of a 30.52 acre tract situated in Section 44 being a 300’ wide strip of land which runs along and parallel to the northern most boundary line being the southernmost right of way line of Versailles Boulevard, as represented by Gladys B. Fine from “SF-2†Single family moderate density district to “B-1†Neighborhood business district for the purpose of allowing a neighborhood commercial development was pulled from the agenda by the owner.
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. Johnson, to wit:
ORDINANCE NO. 240-2009
AN ORDINANCE AUTHORIZING THE MAYOR TO
ENTER INTO MULTIPLE CONTRACTS WITH CAP
TREE FARM, CERES ENVIRONMENTAL
SERVICES, INC., HENRY’S TREE SURGERY,
JUNEAU TREE SERVICE, SOUTHERN ENVIRON-
MENTAL SPECIALIST LLC (SES), WAYNE’S TREE
SERVICE, WOLF TREE, INC. TO PROVIDE
EMERGENCY TREE TRIMMING, TREE REMOVAL,
AND STUMP REMOVAL SERVICES FOLLOWING
A NATURAL DISASTER 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: Fowler, Larvadain, Goins, Silver, Hobbs, Lawson, Johnson.
NAYS: None.
ABSENT: None.
The ordinance was thereupon declared adopted on this the 11th day of August, 2009.
LEGAL COMMITTEE
The next item on the agenda that being to consider final adoption of an ordinance authorizing the Mayor to accept the quotes received from Green’s Park Service, Alpine Lawn & Landscape and Kelly’s Landscaping for mowing services for city medians, cul-del-sacs and right-of-ways throughout the city limits 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. Fowler and seconded by Mr. Johnson, to wit:
ORDINANCE NO. 241-2009
AN ORDINANCE AUTHORIZING THE MAYOR TO
ENTER INTO A CONTRACT WITH PROVIDENCE
ENGINEERING AND ENVIRONMENTAL GROUP,
LLC FOR ENVIRONMENTAL SERVICES ASSOCIATED
WITH PREPARINNG ENVIRONMENTAL SITE ASSESS-
MENTS AND OTHER MATTERS WITH RESPECT
THERETO.
The President called for any discussion. The Legal committee recommended approval of this item. There being no other discussion, a vote was called and the following recorded:
YEAS: Fowler, Larvadain, Goins, Silver, Hobbs, Lawson, Johnson.
NAYS: None.
ABSENT: None.
The ordinance was thereupon declared adopted on this the 11th day of August, 2009.
PERSONNEL 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. Johnson, to wit:
ORDINANCE NO. 242-2009
AN ORDINANCE AUTHORIZING THE MAYOR TO
AMEND THE LEASE WITH 301 JACKSON PLACE
TO INCREASE THE LEASE SPACE TO
ACCOMMODATE THE CIVIL SERVICE AND
HUMAN RESOURCES DEPARTMENTS AND
OTHER MATTERS WITH RESPECT THERETO.
The President called for any discussion. The Personnel Committee recommended approval of this item. There being no other discussion, a vote was called and the following recorded:
YEAS: Fowler, Larvadain, Goins, Silver, Hobbs, Lawson, Johnson.
NAYS: None.
ABSENT: None.
The ordinance was thereupon declared adopted on this the 11th day of August, 2009.
ECONOMIC DEVELOPMENT COMMITTEE
The next item on the agenda that being to consider final adoption of an ordinance authorizing the Mayor to enter into an Intergovernmental Agreement with the Alexandria/Pineville Convention and Visitors Bureau for general services as it relates to economic development was delayed.
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. Silver, to wit:
ORDINANCE NO. 243-2009
AN ORDINANCE AUTHORIZING THE MAYOR TO
ENTER INTO AN INTERGOVERNMENTAL AGREE-
MENT WITH THE GREATER ALEXANDRIA
ECONOMIC DEVELOPMENT AUTHORITY (GAEDA)
FOR GENERAL SERVICES AS IT RELATES TO
ECONOMIC DEVELOPMENT AND OTHER MATTERS
WITH RESPECT THERETO.
The President called for any discussion. The Economic Development committee recommended approval of this item. There being no other discussion, a vote was called and the following recorded:
YEAS: Fowler, Larvadain, Goins, Silver, Hobbs, Lawson, Johnson.
NAYS: None.
ABSENT: None.
The ordinance was thereupon declared adopted on this the 11th day of August, 2009.
G. PUBLIC HEARING – COMMUNITY DEVELOPMENT
The President opened up the public hearing. Mr. Van Dunn with the Community Development department was present to explain this item to the Council. The following action was taken.
Mr. Fowler moved for the adoption of the following resolution which was seconded by Mr. Goins, to wit:
RESOLUTION NO. 8659-2009
A RESOLUTION TAKING ACTION ON STRUCTURES
LOCATED AT 2421/2423 JACKSON STREET,
TRAVIS BORDELON AND OTHER MATTERS
WITH RESPECT THERETO.
The President called for any discussion. The Clerk stated that the Administration requested that the structure located at 2421 Jackson Street be continued until September 22, 2009 and the structure located at 2423 Jackson Street be removed from the list. There being no further discussion, a vote was called for and resulted as follows:
YEAS: Fowler, Larvadain, Goins, Silver, Hobbs, Lawson, Johnson.
NAYS: None.
ABSENT: None.
The resolution was thereupon declared adopted on this the 11th day of August, 2009.
COMMITTEES
There were no reports from the Finance, Utility, Community Development, Personnel/Insurance, Public Safety/Transportation, A & E Review, Economic Development, Cost Share Agreement & Emerging business, Public Relations/Police Procedures and Audit committees.
Unanimous consent
Mr. Larvadain, Chairman of the Legal committee reported the following item under unanimous consent:
On motion of Mr. Goins, seconded by Mr. Silver, the following item was added on the agenda. The President asked for any public comment, there was none. A vote was called for and resulted as follows:
YEAS: Goins, Silver, Hobbs, Lawson, Johnson, Fowler, Larvadain.
NAYS: None.
ABSENT: None.
On motion of Mr. Goins, seconded by Mr. Silver, the following ordinance was introduced:
AN ORDINANCE AUTHORIZING THE MAYOR TO
ENTER INTO PROFESSIONAL SERVICE
AGREEMENTS WITH MAHOGANY WATKINS AND
DAPHNE R. ROBINSON AS CO-BOND COUNSEL
AND OTHER MATTERS WITH RESPECT THERETO.
Mr. Silver stated that a letter should be sent to the Administration, City of Pineville, Convention & Visitors Bureau and other volunteers for making the Louisiana Municipal Association (LMA) Convention such a success.
Mr. President recognized Mr. Grant Schlueter with Foley & Judell, Bond Counselor for the City who explained the next two resolutions to the Council. Mr. David Crutchfield, Director of Finance was also present to speak to the Council on these items.
The following resolution was offered by Harry Silver and seconded by Charles Fowler, Jr.:
RESOLUTION 8660-2009
A resolution declaring the intention of the City Council of the City of Alexandria, State of Louisiana, acting as the governing authority of the City of Alexandria, State of Louisiana (the "City"), to issue Utilities Revenue Bonds of the City, in one or more series, in an amount not to exceed Ten Million Dollars ($10,000,000) for the purpose of paying the cost of constructing, acquiring, extending and/or improving the water portion of the combined electric power and light plant and system, waterworks plant and system, natural gas system and sewer system (the “Systemâ€); generally describing said Bonds and the security therefor; authorizing the publication of a notice of such intention setting forth a date and time when said governing authority will meet in open and public session to hear any objections to the proposed issuance of said Bonds; providing for the filing of a petition by a certain percentage of the electors of the City objecting to the issuance of the proposed Bonds unless an election is held on the question of the issuance thereof; applying to the State Bond Commission for approval of the contents of the notice of intention; making a declaration of official intent under U. S. Treasury Reg. 1.1502; and providing for other matters in connection therewith.
WHEREAS, the City of Alexandria, State of Louisiana (the "City"), now owns and operates a combined electric power and light plant and system, waterworks plant and system, natural gas system and sewer system (the "System") as a revenue producing work of public improvement, and desires to construct, acquire, extend and/or improve the water portion of the System, and to finance the cost thereof through the issuance of Utilities Revenue Bonds of the City, in one or more series, in an amount not to exceed Ten Million Dollars ($10,000,000) (the "Bonds"); and
WHEREAS, this City Council, acting as the governing authority (the "Governing Authority") of the City, proposes that the Bonds will be issued in the manner prescribed by and under the authority of Part XIII, Chapter 4, Title 39 of the Louisiana Revised Statutes of 1950, as amended (the "Act"), and other constitutional and statutory authority; and
WHEREAS, the Bonds are to be payable, together with the Outstanding Bonds (hereinafter defined) from the income and revenues of the System, after paying the reasonable and necessary expenses of administration, operation and maintenance of the System; and
WHEREAS, this Governing Authority, in accordance with the provisions of the Act, now desires to authorize the giving and publication of notice of intention generally describing the Bonds and the security therefor, setting forth a date and time when it will meet in open and public session to hear any objections to the proposed issuance of the Bonds; provided, however, if at such hearing a petition duly signed by electors of the City in a number not less than five per cent (5%) of the number of such electors voting at the last special or general election object to the issuance of the proposed bonds, then such bonds shall not be issued until approved by a vote of a majority of the qualified electors of the City who vote at a special election held for that purpose in the manner provided by Chapter 6-A, Title 18 of the Louisiana Revised Statutes of 1950, and to apply to the State Bond Commission for approval of the contents of the proposed notice of intention;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Alexandria, State of Louisiana, acting as the governing authority of the City of Alexandria, State of Louisiana, that:
SECTION 1. Intent to Issue Utilities Revenue Bonds. Pursuant to and in compliance with the provisions of the Act, and other constitutional and statutory authority, this Governing Authority does hereby declare its intention to issue not exceeding Ten Million Dollars ($10,000,000) of Utilities Revenue Bonds of the City, in one or more series, the proceeds of which will be used to pay the cost of constructing, acquiring, extending and/or improving the water portion of the combined electric power and light plant and system, waterworks plant and system, natural gas system and sewer system(the “Systemâ€). The Bonds shall be limited and special revenue bonds of the City, shall be secured by and payable in principal, interest and redemption premium, if any, together with the outstanding Utilities Revenue Bonds, Series 2003 and Series 2004 and a proposed issue of approximately $18,000,000 of the City to be issued for improvements to the sewer portion of the System (collectively, the “Outstanding Bondsâ€), from an irrevocable pledge and dedication of the income and revenues derived or to be derived by the City from the operation of the System, after paying the reasonable and necessary expenses of administration, operation and maintenance of the System. The Bonds shall not be a charge on the other income and revenues of the City as prohibited under the provisions of Article VI, Section 37 of the Louisiana Constitution of 1974, nor shall they constitute an indebtedness or pledge of the general credit of the City.
The Bonds shall be of such series, bear such dates, mature at such time or times [not to exceed twenty-two (22) years from their date of issuance], bear interest at such rate or rates [not exceeding four per centum (4.00%) per annum], be sold at such price or prices, be in such denomination or denominations, in fully registered form, carry such registration privileges, be payable in such medium of payment and at such place or places, be subject to such terms of redemption and be entitled to such priorities on the income and revenues of the System as the City may provide by ordinances adopted at the time or times of issuance of the Bonds.
The City will, in such ordinances, enter into such covenants with the future owner or owners of the Bonds as to the management and operation of the System, the imposition and collection of rates and charges for the services rendered thereby, the disposition of such fees and revenues, the issuance of future bonds and the creation of future liens and encumbrances against the System and the revenues therefrom, the carrying of insurance on the System and the disposition of the proceeds of insurance, the keeping of books and records, and other pertinent matters as may be deemed proper by this Governing Authority to assure the marketability of the Bonds, consistent with the provisions of the Act and other applicable laws and regulations. Such ordinances will also include remedies in case of default, provision for the issuance of parity bonds, and such additional covenants, agreements and provisions as are judged advisable or necessary by the City for the security of the registered owners of the Bonds, including sinking funds and reserves for the payment of principal and interest on the Bonds and an adequate depreciation fund for those repairs, extensions and improvements to the System as may be necessary to assure adequate and efficient service to the public, all as provided by the Act.
SECTION 2. Sale of Bonds. The Bonds will be sold at public or private sales, as provided for in the Act and other statutory authority.
SECTION3. Public Hearing. This Governing Authority will meet in open and public session on Tuesday, September 22, 2009, at five o'clock (5:00) p.m., at the City Hall, Alexandria, Louisiana, to hear any objections to the proposed issuance of the Bonds; provided, however, if at such hearing a petition or petitions duly signed by the electors of the City in an aggregate number not less than five percent (5%) of the number of the electors of the City voting in the last special or general election held in the City object to the issuance of the Bonds, then the Bonds shall not be issued until approved by a vote of a majority of the qualified electors of the City who vote at a special election held for that purpose in the manner provided by Chapter 6-B, Title 18 of the Louisiana Revised Statutes of 1950. Any such petition shall be accompanied by a certificate of the Rapides Parish Registrar of Voters certifying that the signers of the petition are registered electors of the City and the number of signers amounts to not less than five percent (5%) of the registered voters that voted in the last election held in the City, all as provided by the Act.
SECTION 4. Notice of Intention. The Mayor is hereby authorized, empowered and directed to publish an appropriate notice of the intention of the City to issue the Bonds in accordance with the provisions of this resolution and the Act. Such notice of intention shall embody in a general way substantially all the provisions of this resolution hereinabove set out and shall be published in four (4) consecutive weekly issues of the "Alexandria Town Talk", a newspaper of general circulation in the City and published daily in the City of Alexandria, Rapides Parish, Louisiana, and shall be in substantially the following form:
NOTICE OF INTENTION TO ISSUE NOT EXCEEDING
$10,000,000
UTILITIES REVENUE BONDS
OF THE CITY OF ALEXANDRIA, STATE OF LOUISIANA
PUBLIC NOTICE IS HEREBY GIVEN, pursuant to the provisions of a resolution adopted on August 11, 2009, by the City Council of the City of Alexandria, State of Louisiana, acting as the governing authority (the "Governing Authority") of the City of Alexandria, State of Louisiana (the "City"), and in accordance with the provisions of Part XIII, Chapter 4, Title 39 of the Louisiana Revised Statutes of 1950, as amended (the "Act"), and other constitutional and statutory authority, that the City does hereby declare its intention to issue not exceeding Ten Million Dollars ($10,000,000) of its Utilities Revenue Bonds, in one or more series, the proceeds of which will be used to pay the cost of constructing, acquiring, extending and/or improving the water portion of the combined electric power and light plant and system, waterworks plant and system, natural gas system and sewer system (the “Systemâ€).
The Bonds shall be limited and special revenue bonds of the City, shall be secured by and payable in principal, interest and redemption premium, if any, together with the outstanding Utilities Revenue Bonds, Series 2003 and Series 2004 and a proposed issue of approximately $18,000,000 of the City to be issued for improvements to the sewer portion of the System (collectively, the “Outstanding Bondsâ€), from an irrevocable pledge and dedication of the income and revenues derived or to be derived by the City from the operation of the System, after paying the reasonable and necessary expenses of administration, operation and maintenance of the System. The Bonds shall not be a charge on the other income and revenues of the City as prohibited under the provisions of Article VI, Section 37 of the Louisiana Constitution of 1974, nor shall they constitute an indebtedness or pledge of the general credit of the City.
The Bonds will be issued and authorized by ordinances of the Governing Authority in one or more series and shall bear such dates, mature at such time or times [not to exceed twenty-two (22) years from their date of issuance], bear interest at such rate or rates [not exceeding four per centum (4.00%) per annum], be sold at such price or prices, be in such denomination or denominations, in fully registered form, carry such registration privileges, be payable in such medium of payment and at such place or places, be subject to such terms of redemption and be entitled to such priorities on the income and revenues of the System as the City may provide by ordinances adopted at the time or times of issuance of the Bonds.
The Governing Authority will in such ordinances enter into such covenants with the future owner or owners of the Bonds as to the management and operation of the System, the imposition and collection of rates and charges for the services rendered thereby, the disposition of such fees and revenues, the issuance of future bonds and the creation of future liens and encumbrances against the System and the revenues therefrom, the carrying of insurance, the keeping of books and records, and other pertinent matters as may be deemed proper by the Governing Authority to assure the marketability of the Bonds, consistent with the provisions of the Act. Such ordinances will also include remedies in case of default, provisions for the issuance of parity bonds and such additional covenants, agreements and provisions as are judged advisable or necessary by the Governing Authority for the security of the owners of the Bonds, including sinking funds and reserves for the payment of principal and interest on the Bonds, and an adequate depreciation fund for those repairs, extensions and improvements to the System as maybe necessary to assure adequate and efficient service to the public, all as provided by the Act.
The Bonds will be sold at public or private sales, as provided for in the Act and other statutory authority, and the Bonds will, before the delivery thereof, be approved by the State Bond Commission, Baton Rouge, Louisiana.
NOTICE IS HEREBY FURTHER GIVEN that the Governing Authority will meet in open and public session on Tuesday, September 22, 2009, at five o'clock (5:00) p.m., at the City Hall, Alexandria, Louisiana, to hear any objections to the proposed issuance of the Bonds; provided, however, if at such hearing a petition or petitions duly signed by electors of the City in an aggregate number not less than five percent (5%) of the number of the electors of the City voting in the last special or general election held in the City object to the issuance of the Bonds, then the Bonds shall not be issued until approved by a vote of a majority of the qualified electors of the City who vote at a special election held for that purpose in the manner provided by Chapter 6-A, Title 18 of the Louisiana Revised Statutes of 1950. Any such petition shall be accompanied by a certificate of the Rapides Parish Registrar of Voters certifying that the signers of the petition(s) are registered electors of the City and the number of signers amounts to not less than five percent (5%) of the registered voters that voted in the last tax election held in the City, all as provided by the Act.
THUS DONE AND SIGNED at Alexandria, Louisiana, on this, the 11th day of August, 2009.
CITY OF ALEXANDRIA, STATE OF LOUISIANA
/s/ Jacques M. Roy __________________________________
Mayor
ATTEST:
/s/ Nancy Thiels
________________________________
City Clerk
SECTION 5. State Bond Commission. Application is hereby formally made to the Louisiana State Bond Commission, Baton Rouge, Louisiana, for approval of the contents of the notice of intention contained in Section 4 hereof. A certified copy of this resolution shall be submitted to the State Bond Commission, together with a request for prompt consideration and approval of this application.
By virtue of the City's application for acceptance and utilization of the benefits of the Louisiana State Bond Commission's approval resolved and set forth herein, it resolves that it understands and agrees that such approval is 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 products) or enhancement(s) covered thereby.
SECTION 6. Declaration of Official Intent under Reg. 1.150-2. Prior to the issuance of the Bonds, the City anticipates that it may pay from lawfully available sources, a portion of the costs of constructing, acquiring, extending and/or improving the water portion of the System. Upon issuance of the Bonds, the City reasonably expects to reimburse said expenditures from the proceeds of the Bonds. Any such allocation of the proceeds of the Bonds for reimbursement will be with respect to capital expenditures [as defined in Treasury Regulation 1.150-1(h)] and will be made upon the delivery of the Bonds and not later than one year after the date of (i) the date such expenditure was made or (ii) the date the improvements were placed in service. This resolution is intended to be a declaration of intent to reimburse in accordance with the provisions of Treasury Regulation 1.150-2.
SECTION 7. Employment of Bond Counsel. This Governing Authority finds that a real necessity exists for the employment of special bond counsel, and accordingly Foley & Judell, L.L.P., Bond Counsel, and Mahogany Watkins and Daphne Robinson, Co-Bond Counsel, are hereby employed to do and perform comprehensive legal and coordinate professional work with respect to the issuance of the Bonds. Said special bond counsel shall prepare and submit to this Governing Authority for adoption all of the proceedings incidental to the authorization, issuance, sale and delivery of the Bonds, shall counsel and advise this Governing Authority as to the issuance and sale of the Bonds, and shall furnish their opinions covering the legality of the issuance thereof. The fee of special bond counsel in connection with the issuance of the Bonds, is hereby fixed at a sum which shall be in accordance with the Attorney General's fee schedule for revenue bonds based on the principal amount of the indebtedness actually issued, sold, delivered and paid for, plus "out-of-pocket" expenses; provided, however, that said fee shall be contingent upon the sale, issuance and delivery of the Bonds, or other evidences of indebtedness described herein.
SECTION 8. Approval of Fees by Attorney General. A certified copy of this resolution shall be submitted to the Attorney General of the State of Louisiana for his written approval of said employment and of the fees herein designated as required by law.
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 _____ _____
Ed Larvadain, III x _____ _____
Everett Hobbs x _____ _____
Jonathan D. Goins x _____ _____
Harry Silver x _____ _____ _____
Charles Fowler, Jr. x
And the resolution was declared adopted on this, the 11th day of August, 2009.
/s/ Nancy Thiels /s/ Myron K. Lawson
City Clerk President
STATE OF LOUISIANA
PARISH OF RAPIDES
I, the undersigned City Clerk of the City of Alexandria, State of Louisiana (the "City"), do hereby certify that the foregoing pages constitute a true and correct copy of a resolution adopted by the City Council of the City of Alexandria, State of Louisiana, acting as the governing authority of the Issuer, on July 14, 2009, declaring its intention to issue Utilities Revenue Bonds, in one or more series, in an amount not to exceed Ten Million Dollars ($10,000,000) for the purpose of paying the cost of constructing, acquiring, extending and/or improving the water portion of the combined electric power and light plant and system, waterworks plant and system, natural gas system and sewer system (the “Systemâ€); generally describing said Bonds and the security therefor; authorizing the publication of a notice of such intention setting forth a date and time when said governing authority will meet in open and public session to hear any objections to the proposed issuance of said Bonds; providing for the filing of a petition by a certain percentage of the electors of the City objecting to the issuance of the proposed Bonds unless an election is held on the question of the issuance thereof; applying to the State Bond Commission for approval of the contents of the notice of intention; making a declaration of official intent under U. S. Treasury Reg. 1.1502; and providing for other matters in connection therewith.
IN FAITH WHEREOF, witness my official signature and the impress of the official
seal of the Issuer at Alexandria, Louisiana, on this, the 11th day of August, 2009.
_________________________
(SEAL) City Clerk
The following resolution was offered by Harry Silver and seconded by Charles Fowler, Jr.:
RESOLUTION 8661-2009
A resolution declaring the intention of the City Council of the City of Alexandria, State of Louisiana, acting as the governing authority of the City of Alexandria, State of Louisiana (the "City"), to issue Utilities Revenue Bonds of the City, in one or more series, in an amount not to exceed Eighteen Million Dollars ($18,000,000) for the purpose of paying the cost of constructing, acquiring, extending and/or improving the sewer portion of the combined electric power and light plant and system, waterworks plant and system, natural gas system and sewer system (the “Systemâ€); generally describing said Bonds and the security therefor; authorizing the publication of a notice of such intention setting forth a date and time when said governing authority will meet in open and public session to hear any objections to the proposed issuance of said Bonds; providing for the filing of a petition by a certain percentage of the electors of the City objecting to the issuance of the proposed Bonds unless an election is held on the question of the issuance thereof; applying to the State Bond Commission for approval of the contents of the notice of intention; making a declaration of official intent under U. S. Treasury Reg. 1.1502; and providing for other matters in connection therewith.
WHEREAS, the City of Alexandria, State of Louisiana (the "City"), now owns and operates a combined electric power and light plant and system, waterworks plant and system, natural gas system and sewer system (the "System") as a revenue producing work of public improvement, and desires to construct, acquire, extend and/or improve the sewer portion of the System, and to finance the cost thereof through the issuance of Utilities Revenue Bonds of the City, in one or more series, in an amount not to exceed Eighteen Million Dollars ($18,000,000) (the "Bonds"); and
WHEREAS, this City Council, acting as the governing authority (the "Governing Authority") of the City, proposes that the Bonds will be issued in the manner prescribed by and under the authority of Part XIII, Chapter 4, Title 39 of the Louisiana Revised Statutes of 1950, as amended (the "Act"), and other constitutional and statutory authority; and
WHEREAS, the Bonds are to be payable, together with the Outstanding Bonds (hereinafter defined) from the income and revenues of the System, after paying the reasonable and necessary expenses of administration, operation and maintenance of the System; and
WHEREAS, this Governing Authority, in accordance with the provisions of the Act, now desires to authorize the giving and publication of notice of intention generally describing the Bonds and the security therefor, setting forth a date and time when it will meet in open and public session to hear any objections to the proposed issuance of the Bonds; provided, however, if at such hearing a petition duly signed by electors of the City in a number not less than five per cent (5%) of the number of such electors voting at the last special or general election object to the issuance of the proposed bonds, then such bonds shall not be issued until approved by a vote of a majority of the qualified electors of the City who vote at a special election held for that purpose in the manner provided by Chapter 6-A, Title 18 of the Louisiana Revised Statutes of 1950, and to apply to the State Bond Commission for approval of the contents of the proposed notice of intention;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Alexandria, State of Louisiana, acting as the governing authority of the City of Alexandria, State of Louisiana, that:
SECTION 1. Intent to Issue Utilities Revenue Bonds. Pursuant to and in compliance with the provisions of the Act, and other constitutional and statutory authority, this Governing Authority does hereby declare its intention to issue not exceeding Eighteen Million Dollars ($18,000,000) of Utilities Revenue Bonds of the City, in one or more series, the proceeds of which will be used to pay the cost of constructing, acquiring, extending and/or improving the sewer portion of the combined electric power and light plant and system, waterworks plant and system, natural gas system and sewer system(the “Systemâ€). The Bonds shall be limited and special revenue bonds of the City, shall be secured by and payable in principal, interest and redemption premium, if any, together with the outstanding Utilities Revenue Bonds, Series 2003 and Series 2004 and a proposed issue of approximately $10,000,000 of the City to be issued for improvements to the water portion of the System (collectively, the “Outstanding Bondsâ€), from an irrevocable pledge and dedication of the income and revenues derived or to be derived by the City from the operation of the System, after paying the reasonable and necessary expenses of administration, operation and maintenance of the System. The Bonds shall not be a charge on the other income and revenues of the City as prohibited under the provisions of Article VI, Section 37 of the Louisiana Constitution of 1974, nor shall they constitute an indebtedness or pledge of the general credit of the City.
The Bonds shall be of such series, bear such dates, mature at such time or times [not to exceed twenty-two (22) years from their date of issuance], bear interest at such rate or rates [not exceeding four per centum (4.00%) per annum], be sold at such price or prices, be in such denomination or denominations, in fully registered form, carry such registration privileges, be payable in such medium of payment and at such place or places, be subject to such terms of redemption and be entitled to such priorities on the income and revenues of the System as the City may provide by ordinances adopted at the time or times of issuance of the Bonds.
The City will, in such ordinances, enter into such covenants with the future owner or owners of the Bonds as to the management and operation of the System, the imposition and collection of rates and charges for the services rendered thereby, the disposition of such fees and revenues, the issuance of future bonds and the creation of future liens and encumbrances against the System and the revenues therefrom, the carrying of insurance on the System and the disposition of the proceeds of insurance, the keeping of books and records, and other pertinent matters as may be deemed proper by this Governing Authority to assure the marketability of the Bonds, consistent with the provisions of the Act and other applicable laws and regulations. Such ordinances will also include remedies in case of default, provision for the issuance of parity bonds, and such additional covenants, agreements and provisions as are judged advisable or necessary by the City for the security of the registered owners of the Bonds, including sinking funds and reserves for the payment of principal and interest on the Bonds and an adequate depreciation fund for those repairs, extensions and improvements to the System as may be necessary to assure adequate and efficient service to the public, all as provided by the Act.
SECTION 2. Sale of Bonds. The Bonds will be sold at public or private sales, as provided for in the Act and other statutory authority.
SECTION3. Public Hearing. This Governing Authority will meet in open and public session on Tuesday, September 22, 2009, at five o'clock (5:00) p.m., at the City Hall, Alexandria, Louisiana, to hear any objections to the proposed issuance of the Bonds; provided, however, if at such hearing a petition or petitions duly signed by the electors of the City in an aggregate number not less than five percent (5%) of the number of the electors of the City voting in the last special or general election held in the City object to the issuance of the Bonds, then the Bonds shall not be issued until approved by a vote of a majority of the qualified electors of the City who vote at a special election held for that purpose in the manner provided by Chapter 6-B, Title 18 of the Louisiana Revised Statutes of 1950. Any such petition shall be accompanied by a certificate of the Rapides Parish Registrar of Voters certifying that the signers of the petition are registered electors of the City and the number of signers amounts to not less than five percent (5%) of the registered voters that voted in the last election held in the City, all as provided by the Act.
SECTION 4. Notice of Intention. The Mayor is hereby authorized, empowered and directed to publish an appropriate notice of the intention of the City to issue the Bonds in accordance with the provisions of this resolution and the Act. Such notice of intention shall embody in a general way substantially all the provisions of this resolution hereinabove set out and shall be published in four (4) consecutive weekly issues of the "Alexandria Town Talk", a newspaper of general circulation in the City and published daily in the City of Alexandria, Rapides Parish, Louisiana, and shall be in substantially the following form:
NOTICE OF INTENTION TO ISSUE NOT EXCEEDING
$18,000,000
UTILITIES REVENUE BONDS
OF THE CITY OF ALEXANDRIA, STATE OF LOUISIANA
PUBLIC NOTICE IS HEREBY GIVEN, pursuant to the provisions of a resolution adopted on August 11, 2009, by the City Council of the City of Alexandria, State of Louisiana, acting as the governing authority (the "Governing Authority") of the City of Alexandria, State of Louisiana (the "City"), and in accordance with the provisions of Part XIII, Chapter 4, Title 39 of the Louisiana Revised Statutes of 1950, as amended (the "Act"), and other constitutional and statutory authority, that the City does hereby declare its intention to issue not exceeding Eighteen Million Dollars ($18,000,000) of its Utilities Revenue Bonds, in one or more series, the proceeds of which will be used to pay the cost of constructing, acquiring, extending and/or improving the sewer portion of the combined electric power and light plant and system, waterworks plant and system, natural gas system and sewer system (the “Systemâ€).
The Bonds shall be limited and special revenue bonds of the City, shall be secured by and payable in principal, interest and redemption premium, if any, together with the outstanding Utilities Revenue Bonds, Series 2003 and Series 2004 and a proposed issue of approximately $10,000,000 of the City to be issued for improvements to the water portion of the System (collectively, the “Outstanding Bondsâ€), from an irrevocable pledge and dedication of the income and revenues derived or to be derived by the City from the operation of the System, after paying the reasonable and necessary expenses of administration, operation and maintenance of the System. The Bonds shall not be a charge on the other income and revenues of the City as prohibited under the provisions of Article VI, Section 37 of the Louisiana Constitution of 1974, nor shall they constitute an indebtedness or pledge of the general credit of the City.
The Bonds will be issued and authorized by ordinances of the Governing Authority in one or more series and shall bear such dates, mature at such time or times [not to exceed twenty-two (22) years from their date of issuance], bear interest at such rate or rates [not exceeding four per centum (4.00%) per annum], be sold at such price or prices, be in such denomination or denominations, in fully registered form, carry such registration privileges, be payable in such medium of payment and at such place or places, be subject to such terms of redemption and be entitled to such priorities on the income and revenues of the System as the City may provide by ordinances adopted at the time or times of issuance of the Bonds.
The Governing Authority will in such ordinances enter into such covenants with the future owner or owners of the Bonds as to the management and operation of the System, the imposition and collection of rates and charges for the services rendered thereby, the disposition of such fees and revenues, the issuance of future bonds and the creation of future liens and encumbrances against the System and the revenues therefrom, the carrying of insurance, the keeping of books and records, and other pertinent matters as may be deemed proper by the Governing Authority to assure the marketability of the Bonds, consistent with the provisions of the Act. Such ordinances will also include remedies in case of default, provisions for the issuance of parity bonds and such additional covenants, agreements and provisions as are judged advisable or necessary by the Governing Authority for the security of the owners of the Bonds, including sinking funds and reserves for the payment of principal and interest on the Bonds, and an adequate depreciation fund for those repairs, extensions and improvements to the System as maybe necessary to assure adequate and efficient service to the public, all as provided by the Act.
The Bonds will be sold at public or private sales, as provided for in the Act and other statutory authority, and the Bonds will, before the delivery thereof, be approved by the State Bond Commission, Baton Rouge, Louisiana.
NOTICE IS HEREBY FURTHER GIVEN that the Governing Authority will meet in open and public session on Tuesday, September 22, 2009, at five o'clock (5:00) p.m., at the City Hall, Alexandria, Louisiana, to hear any objections to the proposed issuance of the Bonds; provided, however, if at such hearing a petition or petitions duly signed by electors of the City in an aggregate number not less than five percent (5%) of the number of the electors of the City voting in the last special or general election held in the City object to the issuance of the Bonds, then the Bonds shall not be issued until approved by a vote of a majority of the qualified electors of the City who vote at a special election held for that purpose in the manner provided by Chapter 6-A, Title 18 of the Louisiana Revised Statutes of 1950. Any such petition shall be accompanied by a certificate of the Rapides Parish Registrar of Voters certifying that the signers of the petition(s) are registered electors of the City and the number of signers amounts to not less than five percent (5%) of the registered voters that voted in the last tax election held in the City, all as provided by the Act.
THUS DONE AND SIGNED at Alexandria, Louisiana, on this, the 11th day of August, 2009.
CITY OF ALEXANDRIA, STATE OF LOUISIANA
/s/ Jacques M. Roy ______________________________________
Mayor
ATTEST:
/s/ Nancy Thiels
________________________________
City Clerk
SECTION 5. State Bond Commission. Application is hereby formally made to the Louisiana State Bond Commission, Baton Rouge, Louisiana, for approval of the contents of the notice of intention contained in Section 4 hereof. A certified copy of this resolution shall be submitted to the State Bond Commission, together with a request for prompt consideration and approval of this application.
By virtue of the City's application for acceptance and utilization of the benefits of the Louisiana State Bond Commission's approval resolved and set forth herein, it resolves that it understands and agrees that such approval is 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 products) or enhancement(s) covered thereby.
SECTION 6. Declaration of Official Intent under Reg. 1.150-2. Prior to the issuance of the Bonds, the City anticipates that it may pay from lawfully available sources, a portion of the costs of constructing, acquiring, extending and/or improving the sewer portion of the System. Upon issuance of the Bonds, the City reasonably expects to reimburse said expenditures from the proceeds of the Bonds. Any such allocation of the proceeds of the Bonds for reimbursement will be with respect to capital expenditures [as defined in Treasury Regulation 1.150-1(h)] and will be made upon the delivery of the Bonds and not later than one year after the date of (i) the date such expenditure was made or (ii) the date the improvements were placed in service. This resolution is intended to be a declaration of intent to reimburse in accordance with the provisions of Treasury Regulation 1.150-2.
SECTION 7. Employment of Bond Counsel. This Governing Authority finds that a real necessity exists for the employment of special counsel, and accordingly Foley & Judell, L.L.P., Bond Counsel of New Orleans, Louisiana, is hereby employed to do and perform comprehensive legal and coordinate professional work with respect to the issuance of the Bonds. Said special bond counsel shall prepare and submit to this Governing Authority for adoption all of the proceedings incidental to the authorization, issuance, sale and delivery of the Bonds, shall counsel and advise this Governing Authority as to the issuance and sale of the Bonds, and shall furnish their opinion covering the legality of the issuance thereof. The fee of special bond counsel in connection with the issuance of the Bonds, is hereby fixed at a sum which shall be in accordance with the Attorney General's fee schedule for revenue bonds based on the principal amount of the indebtedness actually issued, sold, delivered and paid for, plus "out-of-pocket" expenses; provided, however, that said fee shall be contingent upon the sale, issuance and delivery of the Bonds, or other evidences of indebtedness described herein.
SECTION 8. Approval of Fees by Attorney General. A certified copy of this resolution shall be submitted to the Attorney General of the State of Louisiana for his written approval of said employment and of the fees herein designated as required by law.
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 _____ _____
Ed Larvadain, III x _____ _____
Everett Hobbs x _____ _____
Jonathan D. Goins x _____ _____
Harry Silver x _____ _____ _____
Charles Fowler, Jr. x
And the resolution was declared adopted on this, the 11th day of August, 2009.
/s/ Nancy Thiels /s/ Myron K. Lawson
City Clerk President
STATE OF LOUISIANA
PARISH OF RAPIDES
I, the undersigned City Clerk of the City of Alexandria, State of Louisiana (the "City"), do hereby certify that the foregoing pages constitute a true and correct copy of a resolution adopted by the City Council of the City of Alexandria, State of Louisiana, acting as the governing authority of the Issuer, on July 14, 2009, declaring its intention to issue Utilities Revenue Bonds, in one or more series, in an amount not to exceed Eighteen Million Dollars ($18,000,000) for the purpose of paying the cost of constructing, acquiring, extending and/or improving the sewer portion of the combined electric power and light plant and system, waterworks plant and system, natural gas system and sewer system (the “Systemâ€); generally describing said Bonds and the security therefor; authorizing the publication of a notice of such intention setting forth a date and time when said governing authority will meet in open and public session to hear any objections to the proposed issuance of said Bonds; providing for the filing of a petition by a certain percentage of the electors of the City objecting to the issuance of the proposed Bonds unless an election is held on the question of the issuance thereof; applying to the State Bond Commission for approval of the contents of the notice of intention; making a declaration of official intent under U. S. Treasury Reg. 1.1502; and providing for other matters in connection therewith.
IN FAITH WHEREOF, witness my official signature and the impress of the official
seal of the Issuer at Alexandria, Louisiana, on this, the 11th day of August, 2009.
_________________________
(SEAL) City Clerk
Representative Herbert Dixon was present to invite the Council members and the public to a community meeting to be held Thursday, August 13, 2009 at 5:30 P.M. at the Rapides Parish LEAD Center on Lincoln Road. The topic of the discussion was the Sugarhouse Road project.
Mr. Fowler spoke on the recent Cure Commission meeting concerning Cleco case.
Mr. Gist was next recognized along with David Humphries with the Rapides Parish Sales Tax office to explain about a nightclub named “Platinumâ€. It was brought to the attention of the Council that they should be aware how these signs and advertising notices are being done. It was asked that the Legal Division look into this matter.
The Reverend of 2nd Nazarene Church was next recognized as well as Reverend Joe Green.
There being no further business to come before the
Council, on motion properly seconded, the meeting was adjourned.
/S/ MYRON K. LAWSON
President
ATTEST:
/S/ NANCY L. THIELS
City Clerk
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