Council Meeting Minutes - 2011-08-09
Document Date:
Tuesday, August 9, 2011
Regular Session
PROCEEDINGS OF THE COUNCIL OF THE CITY OF ALEXANDRIA, LOUISIANA, STATE OF LOUISIANA, TAKEN AT A REGULAR MEETING HELD AUGUST 9, 2011.
The Council of the City of Alexandria, Louisiana, met in a regular meeting session at its regular meeting place, on Tuesday, August 9, 2011 at 5:00 P.M. There were present the Honorable Roosevelt L. Johnson, Ed Larvadain, III, Jonathan D. Goins, Harry B. Silver, James “Jim” Villard, Chuck Fowler and Mitzi Gibson. Also present were members of the Council Staff.
The Council of the City of Alexandria, State of Louisiana, was duly convened as the governing authority of said City by the Honorable Roosevelt L. Johnson, who stated that the Council was ready for the transaction of business. The Invocation was pronounced by Councilman Harry Silver and the Pledge of Allegiance was led by Councilman Jonathan D. Goins.
State Representative Rick Gallott was recognized as being present at the meeting.
CONSENT CALENDAR
The Council next read all items found under the heading Consent Calendar and assigned them to committees.
Mr. Silver moved for the adoption or introduction of all items appearing under the heading of Consent Calendar.
Mr. Silver moved that the Clerk be instructed to set each consent item out in the minutes separately to reflect the proper movers and votes.
Mr. Fowler seconded the motion. It was unanimously carried by the Council.
On motion of Mr. Silver, seconded by Mr. Fowler, the minutes taken from a regular meeting which was held July 26, 2011 was unanimously approved by the Council.
Bids were received for the purchase of six police motorcycles with trade-ins for the Alexandria Police department.
Name of Bidders Amt. of Bid
Renegade Harley Davidson $16,129.00 each with a total of $96,774.00 for six new motorcycles; less a total trade-in amount of $64,600 for a total net amount of $32,174.00.
The above bids were referred to the Mayor and appropriate committee for tabulation and recommendation. The following ordinance was introduced by Mr. Silver, seconded by Mr. Fowler, to wit:
AN ORDINANCE AUTHORIZING THE MAYOR TO
ACCEPT THE LOW BID SUBMITTED FOR
THE PURCHASE OF SIX POLICE MOTORCYCLES
WITH TRADE-INS FOR THE ALEXANDRIA POLICE
DEPARTMENT, AS REFLECTED BY BIDS RECEIVED
AND TO ENTER INTO CONTRACT FOR SAID
MOTORCYCLES AND OTHER MATTERS WITH
RESPECT THERETO.
On motion of Mr. Silver and seconded by Mr. Fowler, the following ordinance was introduced:
AN ORDINANCE AMENDING CAPITAL BUDGET
TO RECOGNIZE $150,000 OF CDBG-DISASTER
RECOVERY FUNDS FOR THE GIS MAPPING OF
THE CITY’S STORM DRAINAGE SYSTEM AND
OTHER MATTERS WITH RESPECT THERETO.
On motion of Mr. Silver and seconded by Mr. Fowler, the following ordinance was introduced:
AN ORIDNANCE AUTHORIZING ACQUISITION
OF PARCEL #737 REQUIRED FOR THE
SUGARHOUSE ROAD DRAINAGE PROJECT
AND OTHER MATTERS WITH RESPECT THERETO.
On motion of Mr. Silver and seconded by Mr. Fowler, the following ordinance was introduced:
AN ORIDNANCE AUTHORIZING ACQUISITION
OF PARCEL #777 REQUIRED FOR THE
HORSESHOE AND MASONIC DRIVE TURN
LANE PROJECT AND OTHER MATTERS WITH
RESPECT THERETO.
On motion of Mr. Silver and seconded by Mr. Fowler, the following ordinance was introduced:
AN ORIDNANCE AUTHORIZING EXECUTION
OF A CONTRACT BETWEEN THE CITY AND
PROGRESSIVE CONSTRUCTION COMPANY
FOR SAFE ROUTES TO SCHOOL GRANT- LS
RUGG ELEMENTARY SCHOOL AND OTHER
MATTERS WITH RESPECT THERETO.
Mr. Silver moved for the adoption of the following resolution which was seconded by Mr. Fowler, to wit:
RESOLUTION NO. 8957-2011
A RESOLUTION CONFIRMING THE APPOINT-
MENT OF DANIEL DAVIS TO SERVE ON THE
ALEXANDRIA CENTRAL ECONOMIC DEV-
ELOPMENT DISTRICT BOARD.
The President called for any discussion. There being no further discussion, a vote was called for and resulted as follows:
YEAS: Silver, Johnson, Larvadain, Fowler, Gibson, Villard, Goins.
NAYS: None.
ABSENT: None.
The resolution was thereupon declared adopted on this the 9th day of August, 2011.
Mr. Silver moved for the adoption of the following resolution which was seconded by Mr. Fowler, to wit:
RESOLUTION NO. 8958-2011
A RESOLUTION CONFIRMING THE REAPPOINT-
MENT OF CHARLES WEEMS TO SERVE ON THE
ENGLAND ECONOMIC AND INDUSTRIAL DEV-
ELOPMENT DISTRICT BOARD.
The President called for any discussion. There being no further discussion, a vote was called for and resulted as follows:
YEAS: Silver, Johnson, Larvadain, Fowler, Gibson, Villard, Goins.
NAYS: None.
ABSENT: None.
The resolution was thereupon declared adopted on this the 9th day of August, 2011.
Mr. Silver moved for the adoption of the following resolution which was seconded by Mr. Fowler, to wit:
RESOLUTION NO. 8959-2011
A RESOLUTION AUTHORIZING THE CENTRAL
LA BUSINESS INCUBATOR TO APPLY FOR UP
TO $150,000 IN GRANT FUNDS FROM THE
STATE’S ECONOMIC DEVELOPMENT
ASSISTANCE PROGRAM SPONSORED BY
DELTA REGIONAL AUTHORITY TO FINALIZE
PHASE II OF THE COMMERCIAL KITCHEN
INSTALLATION.
The President called for any discussion. There being no further discussion, a vote was called for and resulted as follows:
YEAS: Silver, Johnson, Larvadain, Fowler, Gibson, Villard, Goins.
NAYS: None.
ABSENT: None.
The resolution was thereupon declared adopted on this the 9th day of August, 2011.
Mr. Silver moved for the adoption of the following resolution which was seconded by Mr. Fowler, to wit:
RESOLUTION NO. 8960-2011
A RESOLUTION ACCEPTING THE LOUISIANA
COMPLIANCE QUESTIONNAIRE FOR AUDIT
YEAR ENDING APRIL 30, 2011.
The President called for any discussion. There being no further discussion, a vote was called for and resulted as follows:
YEAS: Silver, Johnson, Larvadain, Fowler, Gibson, Villard, Goins.
NAYS: None.
ABSENT: None.
The resolution was thereupon declared adopted on this the 9th day of August, 2011.
Mr. Silver moved for the adoption of the following resolution which was seconded by Mr. Fowler, to wit:
RESOLUTION NO. 8961-2011
A RESOLUTION AUTHORIZING THE WASTE-
WATER DEPARTMENT TO ACCEPT, MAINTAIN
AND OPERATE THE PROPOSED SANITARY
SEWER IMPROVEMENTS FOR OUR LADY
OF SORROWS COOKIE JAR FACILITY.
The President called for any discussion. There being no further discussion, a vote was called for and resulted as follows:
YEAS: Silver, Johnson, Larvadain, Fowler, Gibson, Villard, Goins.
NAYS: None.
ABSENT: None.
The resolution was thereupon declared adopted on this the 9th day of August, 2011.
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 Ms. Gibson, to wit:
ORDINANCE NO. 110-2011
AN ORDINANCE AUTHORIZING THE MAYOR
TO ACCEPT THE LOW BID SUBMITTED FOR
PURCHASING WAREHOUSE – MOLD
REMEDIATION, AS REFLECTED BY BIDS
RECEIVED AND TO ENTER INTO CONTRACT
FOR SAID MOLD 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, Gibson, Villard, Goins, Silver, Johnson, Larvadain.
NAYS: None.
ABSENT: None.
The ordinance was thereupon declared adopted on this the 9th day of August, 2011.
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. Goins and seconded by Ms. Gibson, to wit:
ORDINANCE NO. 111-2011
AN ORDINANCE AUTHORIZING THE MAYOR
TO ACCEPT THE LOW BID SUBMITTED FOR
PUBLIC SAFETY ROOF REPLACEMENT, AS
REFLECTED BY BIDS RECEIVED AND TO
ENTER INTO CONTRACT FOR SAID ROOF
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: Goins, Silver, Johnson, Larvadain, Fowler, Gibson, Villard.
NAYS: None.
ABSENT: None.
The ordinance was thereupon declared adopted on this the 9th day of August, 2011.
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 Ms. Gibson and seconded by Mr. Fowler, to wit:
ORDINANCE NO. 112-2011
AN ORDINANCE AUTHORIZING THE MAYOR
TO ACCEPT THE LOW BID SUBMITTED FOR
BRASS FITTINGS & MISCELLANEOUS ITEMS
FOR A TWELVE MONTH PERIOD, AS REFLECTED
BY BIDS RECEIVED AND TO ENTER INTO
CONTRACT FOR SAID ITEMS 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: Gibson, Villard, Goins, Silver, Johnson, Larvadain, Fowler.
NAYS: None.
ABSENT: None.
The ordinance was thereupon declared adopted on this the 9th day of August, 2011.
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 Ms. Gibson, to wit:
ORDINANCE NO. 113-2011
AN ORDINANCE AUTHORIZING THE MAYOR
TO ACCEPT THE LOW BID SUBMITTED FOR
PLASTIC REFUSE BAGS FOR A TWELVE
MONTH PERIOD, AS REFLECTED BY BIDS
RECEIVED AND TO ENTER INTO CONTRACT
FOR SAID BAGS 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, Gibson, Villard, Goins, Silver, Johnson, Larvadain.
NAYS: None.
ABSENT: None.
The ordinance was thereupon declared adopted on this the 9th day of August, 2011.
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. 114-2011
AN ORDINANCE AUTHORIZING THE MAYOR
TO ACCEPT THE LOW BID SUBMITTED FOR
TURN-OUT GEAR FOR THE FIRE DEPARTMENT,
AS REFLECTED BY BIDS RECEIVED AND TO
ENTER INTO CONTRACT FOR SAID GEAR 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, Johnson, Larvadain, Fowler, Gibson, Villard, Goins.
NAYS: None.
ABSENT: None.
The ordinance was thereupon declared adopted on this the 9th day of August, 2011.
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. Villard, to wit:
ORDINANCE NO. 115-2011
AN ORDINANCE AUTHORIZING THE MAYOR
TO ACCEPT THE LOW BID SUBMITTED FOR
TREATED WOOD POLES FOR A TWELVE
MONTH PERIOD, AS REFLECTED BY BIDS
RECEIVED AND TO ENTER INTO CONTRACT
FOR SAID POLES 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, Gibson, Villard, Goins, Silver, Johnson, Larvadain.
NAYS: None.
ABSENT: None.
The ordinance was thereupon declared adopted on this the 9th day of August, 2011.
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 Ms. Gibson and seconded by Mr. Fowler, to wit:
ORDINANCE NO. 116-2011
AN ORDINANCE AUTHORIZING THE MAYOR
TO RENEW THE EXISTING ANNUAL REQUIRE-
MENTS CONTRACT FOR GAS SYSTEM
REPAIRS AND MAINTENANCE WITH RYLEE
CONTRACTING, INC., FOR AN ADDITIONAL
TWELVE 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: Gibson, Villard, Goins, Silver, Johnson, Larvadain, Fowler.
NAYS: None.
ABSENT: None.
The ordinance was thereupon declared adopted on this the 9th day of August, 2011.
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 Ms. Gibson, to wit:
ORDINANCE NO. 117-2011
AN ORDINANCE AUTHORIZING THE MAYOR
TO RENEW THE EXISTING ANNUAL REQUIRE-
MENTS CONTRACT FOR WATER AND WASTE-
WATER WITH RYLEE CONTRACTING, INC.,
FOR AN ADDITIONAL TWELVE 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, Gibson, Villard, Goins, Silver, Johnson, Larvadain.
NAYS: None.
ABSENT: None.
The ordinance was thereupon declared adopted on this the 9th day of August, 2011.
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 Ms. Gibson and seconded by Mr. Goins, to wit:
ORDINANCE NO. 118-2011
AN ORDINANCE AUTHORIZING THE MAYOR
TO ENTER INTO AN ACT OF SALE FOR A
CUSTOM DIVA ACOUSTICAL SHELL
MANUFACTURED BY WENGER CORPORATION
TO BE LOCATED IN THE COUGHLIN
SAUNDERS PERFORMING ARTS BUILDING
AND OTHER MATTERS WITH RESPEC THERETO.
The President called for any discussion. There being no other discussion, a vote was called and the following recorded:
YEAS: Gibson, Villard, Goins, Silver, Johnson, Larvadain, Fowler.
NAYS: None.
ABSENT: None.
The ordinance was thereupon declared adopted on this the 9th day of August, 2011.
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 Ms. Gibson, to wit:
ORDINANCE NO. 119-2011
AN ORDINANCE AUTHORIZING THE MAYOR
TO ACCEPT THE QUOTE RECEIVED FROM
GILCHRIST CONSTRUCTION COMPANY AND
DIAMONT B CONSTRUCTION COMPANY FOR
HOT MIX FOR A PERIOD OF SIX 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, Gibson, Villard, Goins, Silver, Johnson, Larvadain.
NAYS: None.
ABSENT: None.
The ordinance was thereupon declared adopted on this the 9th day of August, 2011.
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. Goins, to wit:
ORDINANCE NO. 120-2011
AN ORDINANCE AUTHORIZING THE MAYOR
TO ENTER INTO A PROFESSIONAL SERVICES
AGREEMENT WITH INSTITUTE FOR SAFETY
IN POWERLINE CONSTRUCTION TO PROVIDE
A TRAINING 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: Fowler, Gibson, Villard, Goins, Silver, Johnson, Larvadain.
NAYS: None.
ABSENT: None.
The ordinance was thereupon declared adopted on this the 9th day of August, 2011.
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 Ms. Gibson, to wit:
ORDINANCE NO. 121-2011
AN ORDINANCE REZONING PROPERTY
LOCATED AT 5505 NEW YORK AVENUE
DESCRIBED AS A 60’ WIDE PARCEL WHICH
RUNS ALONG FROM THE RIGHT OF WAY
LINE OF NEW YORK AVENUE, TO THE
RIGHT OF WAY LINE OF INTERSTATE 49,
AS REQUESTED BY TILLMON HOWARD,
JR., FROM “C-2” GENERAL COMMERCIAL
DISTRICT TO “SF-2/MHO” SINGLE FAMILY
MODERATE DENSITY DISTRICT WITH A
MOBILE HOME OVERLAY DISTRICT TO
ALLOW FOR THE PLACEMENT OF A MOBILE
HOME AND OTHER MATTERS WITH RESPECT
THERETO.
The President called for any discussion. The Zoning Commission recommended approval of this item. There being no other discussion, a vote was called and the following recorded:
YEAS: Fowler, Gibson, Villard, Goins, Silver, Johnson, Larvadain.
NAYS: None.
ABSENT: None.
The ordinance was thereupon declared adopted on this the 9th day of August, 2011.
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. Goins and seconded by Mr. Silver, to wit:
ORDINANCE NO. 122-2011
AN ORDINANCE AMENDING 2011/2012 CAPITAL
BUDGET FOR THE BUILDING IMPROVEMENTS
PROJECT AND OTHER MATTERS WITH
RESPECT THERETO.
The President called for any discussion. The Finance committee recommended approval of this item. Mr. Jules Green, a citizen spoke to the Council on this item. There being no other discussion, a vote was called and the following recorded:
YEAS: Goins, Silver, Johnson, Fowler, Gibson, Villard.
NAYS: Larvadain.
ABSENT: None.
The ordinance was thereupon declared adopted on this the 9th day of August, 2011.
The next item on the agenda that being to consider final adoption of an ordinance authorizing the Mayor to accept the low bid submitted for Purchasing Warehouse/HVAC project was recommended to reject all bids and authorize re-advertisement for bids. Therefore the following action was taken.
Mr. Fowler moved for the adoption of the following resolution which was seconded by Ms. Gibson, to wit:
RESOLUTION NO. 8963-2011
A RESOLUTION AUTHORIZING READVERTISE-
MENT FOR BIDS FOR PURCHASING WARE-
HOUSE/HVAC PROJECT.
The President called for any discussion. There being no further discussion, a vote was called for and resulted as follows:
YEAS: Fowler, Gibson, Villard, Goins, Silver, Johnson, Larvadain.
NAYS: None.
ABSENT: None.
The resolution was thereupon declared adopted on this the 9th day of August, 2011.
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 Ms. Gibson and seconded by Mr. Villard, to wit:
ORDINANCE NO. 123-2011
AN ORDINANCE AUTHORIZING THE MAYOR
TO ACCEPT THE LOW BID SUBMITTED FOR
RECREATION OPERATIONS BUILDING, 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. The Finance committee recommended approval of this item. There being no other discussion, a vote was called and the following recorded:
YEAS: Gibson, Villard, Goins, Silver, Johnson, Larvadain, Fowler.
NAYS: None.
ABSENT: None.
The ordinance was thereupon declared adopted on this the 9th day of August, 2011.
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. Goins and seconded by Mr. Fowler, to wit:
ORDINANCE NO. 124-2011
AN ORDINANCE AUTHORIZING THE RESCOPING
OF AN EXISTING CONTRACT WITH FREDERICK
SWARTZ FOR THE NORTH MACARTHUR DRIVE
TRAFFIC SOFTENING PROJECT TO INCLUDE
ALL OF MACARTHUR DRIVE (LA 1 OVERPASS
TO SUGARHOUSE ROAD INTERSECTION) AND
OTHER MATTERS WITH RESPECT THERETO.
The President called for any discussion. The Finance committee recommended approval of this item. There being no other discussion, a vote was called and the following recorded:
YEAS: Goins, Silver, Johnson, Larvadain, Fowler, Gibson, Villard.
NAYS: None.
ABSENT: None.
The ordinance was thereupon declared adopted on this the 9th day of August, 2011.
The following resolution was offered by Mr. Charles Fowler, Jr., and seconded by Mr. Jonathan D. Goins:
RESOLUTION NO. 8962-2011
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 Two Million Dollars ($2,000,000) 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; generally describing said Bonds and the security therefore; 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; 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 Two Million Dollars ($2,000,000) (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 therefore, 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;
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 Two Million Dollars ($2,000,000) 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 "System"). 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, Series 2004, Series 2010A, Series 2010B and Series 2011A of the City, along with any other utilities revenue bonds of the City issued prior to the delivery of the Bonds for improvements to the System (collectively, the "Outstanding Bonds"), 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 City intends to sell the Bonds to the Louisiana Department of Environmental Quality's Clean Water State Revolving Fund; therefore, pursuant to Section 39:1022 of the Louisiana Revised Statutes of 1950, as amended, the preliminary approval of the State Bond Commission of the contents of the Notice of Intention set forth in Section 4 hereof prior to its publication shall not be required. The issuance of the Bonds, however, shall be approved by the State Bond Commission, Baton Rouge, Louisiana, before their delivery.
SECTION 3. Public Hearing. This Governing Authority will meet in open and public session on Tuesday, September 20, 2011, 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-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 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 $2,000,000
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 9, 2011, 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 Two Million Dollars ($2,000,000) 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 "System").
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, Series 2004, Series 2010A , Series 2010B and Series 2011A of the City, along with any other utilities revenue bonds of the City issued prior to the delivery of the Bonds for improvements to the System (collectively, the "Outstanding Bonds"), 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 20, 2011, 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 9th day of August, 2011.
CITY OF ALEXANDRIA, STATE OF LOUISIANA
/s/ Jacques M. Roy
__________________________________________
Mayor
ATTEST:
/s/ Nancy L. Thiels
________________________________________
City Clerk
SECTION 5. 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 6. Employment of Bond Counsel. This Governing Authority finds and determines that a real necessity exists for the employment of special co-bond counsel in connection with the issuance of the Bonds, and accordingly, Foley & Judell, LLP, of New Orleans, Louisiana, as Bond Counsel and Mahogany Watkins and Daphne Robinson, Co-Bond Counsel, are hereby employed to do and perform comprehensive legal work as co-bond counsel with respect to the issuance and sale of said Bonds. Said Bond Counsel and Co-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 such Bonds, shall counsel and advise this Governing Authority as to the issuance and sale thereof and shall furnish their opinions covering the legality of the issuance of the Bonds. The total combined fee of Bond Counsel and Co-Bond Counsel shall be fixed at a sum not exceeding the fee allowed by the Attorney General's fee guidelines for such comprehensive bond counsel work in connection with the issuance of revenue bonds and based on the amount of said Bonds actually issued, sold, delivered and paid for, plus "out-of-pocket" expenses, said fees to be contingent upon the issuance, sale and delivery of said Bonds. 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, and the Director of Finance is hereby empowered and directed to issue vouchers in payment for the work herein provided for upon completion of the work herein specified and under the conditions herein enumerated.
SECTION 7. 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 _____ _____
Jim Villard x _____ _____
Ed Larvadain, III x _____ _____
Mitzi Gibson x _____ _____
Jonathan D. Goins x _____ _____
Harry Silver x _____ _____ _____
Charles Fowler, Jr. x _____
An amendment was made on the above resolution which was offered by Ms. Gibson and seconded by Mr. Goins to employ the services of Scott Crawford, Bonding Attorneys of Baton Rouge. Mr. Trey Gist explained the procedures to the Council. He stated that according to Section 5.1 of the City Charter, the City Attorney chooses the attorneys for the City. After further discussion, the motions were withdrawn.
And the resolution was declared adopted on this, the 9th day of August, 2011.
/s/ Nancy L. Thiels /s/ Roosevelt L. Johnson
City Clerk President
COMMITTEES
There were no reports from Finance, Public Works, Legal, Utility, Community Development, Personnel/Insurance, Public Safety/Transportation, A & E Review, Economic Development and Governmental Affairs committees.
On motion of Mr. Fowler and seconded by Mr. Goins the following ordinance was introduced:
AN ORDINANCE AUTHORIZING THE MAYOR ON BEHALF OF
THE CITY TO ENTER INTO NECESSARY CONTRACTS INCLUDING
A CONTRACT AND DEVELOPMENT AGREEMENT WITH THIRD
STREET PARTNERS, LP AND NEW HORIZONS DEVELOPMENT L.L.C.
PROVIDING FOR A SALE OF 6 ACRES, MORE OR LESS, OF PROPERTY
FROM THE CITY AND OTHERWISE CONCERNING A PORTION
OF PROPERTY FORMERLY BEING PART OF THE HODGES STOCKYARD
TRACT LOCATED ON THIRD STREET; TO SET OUT AND PROVIDE
RELATIVE TO TERMS AND CONDITIONS IN A COOPERATIVE
ENDEAVOR AND DEVELOPMENT AGREEMENT BETWEEN
THE PARTIES; TO AUTHORIZE A CONTRACT TO SALE AND A
CONTRACT OF SALE OF PROPERTY FOR CONSIDERATION FROM
THE CITY TO THE THIRD PARTIES FOR DEVELOPMENT AND
CONSTRUCTION ACTIVITIES ON THE PROJECT SITE,
INCLUDING NEW CONSTRUCTION OF COMMERCIAL
IMPROVEMENTS AND OTHER FACILITIES; AND ALSO,
RELATIVE TO THIRD PARTIES CONSTRUCTING AN ADDITIONAL
IMPROVEMENT-- RIVERPLACE PHASE II-- PROVIDING FOR
SIXTY FOUR (64) ADDITIONAL RENTAL UNITS ON A PORTION
OF THE PROPERTY; TO AUTHORIZE CERTAIN FUNDING
FROM SPARC OR THE CAPITAL BUDGET FOR ASSISTING DEVELOP-
MENT AND INFRASTRUCTURE COST; TO AUTHORIZE A LEASE OF
A SUBSTATION LOCATED ON THE SUBJECT PROPERTY; AUTHORIZING
INCENTIVES AND PUBLIC WORKS RELATED TO THE PROPOSED
COOPERATIVE ENDEAVOR AND TO AUTHORIZE SECURITY
INSTRUMENTS AND AUTHORITY FOR THE MAYOR OR
HIS DESIGNEE TO SUBORDINATE SECURITY INSTRUMENTS
IF NECESSARY PERTAINING THERETO; AND OTHERWISE
TO PROVIDE WITH RESPECT THERETO.
The above item was referred to the Legal committee.
There being no further business to come before the
Council, on motion properly seconded, the meeting was adjourned.
/S/ ROOSEVELT L. JOHNSON
President
ATTEST:
/S/ NANCY L. THIELS
City Clerk