PROCEEDINGS OF THE MEETING OF THE MAYOR AND BOARD OF ALDERMEN OF THE CITY OF BREAUX BRIDGE HELD AT THE CITY HALL, 101 BERARD STREET, BREAUX BRIDGE, LOUISIANA 70517, AT 6:00 P.M. ON TUESDAY, AUGUST 13, 2019.

Mayor Ricky Calais called the meeting to order, the Invocation and Pledge of Allegiance were recited.

Present:  Ryan Breaux, Scotty Borel, Ernest “E. J.” Ledet, Neil Melancon and Eddy Leblanc.

Absent:  None

Monthly budget-to-actual comparisons on the General Fund, Sales Tax Funds, Park and Recreation Fund, and Utility Funds were distributed to the Councilmen and Mayor.

Upon motion of Ernest “E. J.” Ledet, duly seconded by Ryan Breaux and unanimously carried, the Board of Aldermen approved the following addition to the agenda:

            Item #16:   A Resolution authorizing and directing the Mayor to execute on behalf of the City of Breaux Bridge an Act and Notice of Acceptance from R.J. Broussard General Contractors Inc. pertaining to the completion of the Berard Street Waterline Relocation Project.

Upon Motion of Neil Melancon, duly seconded by Ernest “E.J.” Ledet and unanimously carried, the Board of Aldermen approved the minutes of the July 9, 2019 City Council meeting.

Upon motion of Ernest “E. J.” Ledet, duly seconded by Scotty Borel and unanimously carried, the Board of Aldermen adopted a Resolution ordering and calling a Special Election to be held in the City of Breaux Bridge, State of Louisiana to authorize levy of the sales and use tax therein making application to the State Bond Commission in connection therewith and providing for other matters in connection therewith.

 RESOLUTION

A resolution ordering and calling a special election to be held in the City of Breaux Bridge, State of Louisiana, to authorize the levy of a sales and use tax therein; making application to the State Bond Commission in connection therewith; and providing for other matters in connection therewith.

            BE IT RESOLVED by the Mayor and Board of Aldermen of the City of Breaux Bridge, State of Louisiana (the “Governing Authority”), acting as the governing authority of the City of Breaux Bridge, State of Louisiana (the “City”), that:

            SECTION 1. Election Call.  Subject to the approval of the State Bond Commission, and under the authority conferred by the Constitution of the State of Louisiana of 1974, the applicable provisions of the Louisiana Election Code, and other constitutional and statutory authority, a special election is hereby called and ordered to be held in the City on SATURDAY, NOVEMBER 16, 2019, between the hours of seven o’clock (7:00) a.m. and eight o’clock (8:00) p.m., in accordance with the provisions of La. R.S. 18:541, and at the said election there shall be submitted to all registered voters qualified and entitled to vote at the said election under the Constitution and laws of this State and the Constitution of the United States, the following proposition, to-wit:

PROPOSITION

(SALES TAX)

Shall the City of Breaux Bridge, State of Louisiana (the “City”), be authorized to levy and collect a tax of one percent (1%) (the “Tax”) upon the sale at retail, the use, the lease or rental, the consumption, and the storage for use or consumption, of tangible personal property and on sales of services in the City, all as defined by law, in perpetuity, beginning January 1, 2020 (an estimated $2,700,000 reasonably expected at this time to be collected from the levy of the Tax for an entire year), with the proceeds of the Tax (after paying the reasonable and necessary costs and expenses of collecting and administering the Tax) to be dedicated and used solely for the purposes of (i) acquiring, constructing, improving, maintaining and/or operating infrastructure, including public streets, sidewalks and rights-of-way, drainage, water works, parks and recreation facilities, and the purchasing and acquiring of necessary equipment, land and rights-of-way for any of the aforesaid public works, improvements and facilities, (ii) public safety, including police and fire operations, facilities and equipment and (iii) cultural and economic development?

            SECTION 2. Publication of Notice of Election.  A Notice of Special Election shall be published in the Teche News, a  newspaper of general circulation within the City, published in St. Martinville, Louisiana, and being the official journal of the City, once a week for four consecutive weeks, with the first publication to be made not less than forty-five (45) days nor more than ninety (90) days prior to the date of the election, which Notice shall be substantially in the form attached hereto as “Exhibit A” and incorporated herein by reference the same as if it were set forth herein in full.

            Notwithstanding the foregoing, prior to the publication of the Notice of Election, the Mayor is authorized and directed to make any amendments to the foregoing proposition that may be required to comply with any state or federal regulatory agencies.

            SECTION 3. Canvass.  This Governing Authority shall meet at its regular meeting place, the City Hall, 101 Berard Street, Breaux Bridge, Louisiana, on WEDNESDAY, NOVEMBER 20, 2019, at TEN O’CLOCK (10:00) A.M., and shall then and there in open and public session proceed to examine and canvass the returns and declare the result of the said special election.

            SECTION 4. Polling Places.  The polling places for the precincts set forth in the City are hereby designated as the polling places at which to hold the said election, and the Commissioners-in-Charge and Commissioners, respectively, will be the same persons as those designated in accordance with law.

            SECTION 5. Election Commissioners; Voting Machines.  The officers designated to serve as Commissioners-in-Charge and Commissioners pursuant to Section 4 hereof, or such substitutes therefor as may be selected and designated in accordance with La. R.S. 18:1287, shall hold the said special election as herein provided, and shall make due returns of said election for the meeting of the Governing Authority to be held as provided in Section 3 hereof.  All registered voters in the City will be entitled to vote at the special election, and voting machines shall be used.

            SECTION 6. Authorization of Officers.  The Clerk of the City is hereby empowered, authorized and directed to arrange for and to furnish to said election officers in ample time for the holding of said election, the necessary equipment, forms and other paraphernalia essential to the proper holding of said election and the Mayor and/or Clerk of the City are further authorized, empowered and directed to take any and all further action required by State and/or Federal law to arrange for the election.

            SECTION 7. Furnishing Election Call to Election Officials.  Certified copies of this resolution shall be forwarded to the Secretary of State, the Clerk of Court and Ex-Officio Parish Custodian of Voting Machines of St. Martin Parish and the Registrar of Voters of St. Martin Parish, as notification of the special election, in order that each may prepare for said election and perform their respective functions as required by law.

            SECTION 8. Application to State Bond Commission.  Application is made to the State Bond Commission for consent and authority to hold the special election as herein provided, and in the event said election carries for further consent and authority to levy and collect the sales and use tax provided for therein.  A certified copy of this resolution shall be forwarded to the State Bond Commission on behalf of this Governing Authority, together with a letter requesting the prompt consideration and approval of this application.

This resolution having been submitted to a vote, the vote thereon was as follows:

MEMBERS:                YEAS:             NAYS:                        ABSENT:        ABSTAINING:

Ryan Breaux                __X___                       _______          _______          _______

Scotty Borel                 __X___                       _______          _______          _______

Ernest “E.J.” Ledet      __X___                       _______          _______          _______

Neil Melancon             __X___                       _______          _______          _______

Eddy LeBlanc              __X___                       _______          _______          _______

            And the resolution was declared adopted on this, the 13th day of August, 2019.

_________________________________                  ___________________________________

                        Clerk                                                                            Mayor

-2-

EXHIBIT “A”

NOTICE OF SPECIAL ELECTION

            Pursuant to the provisions of a resolution adopted by the Mayor and Board of Aldermen of the City of Breaux Bridge, State of Louisiana (the “Governing Authority”), acting as the governing authority of the City of Breaux Bridge, State of Louisiana (the “City”), on August 13, 2019, NOTICE IS HEREBY GIVEN that a special election will be held within the City on SATURDAY, NOVEMBER 16, 2019, and that at the said election there will be submitted to all registered voters in the City qualified and entitled to vote at the said election under the Constitution and Laws of the State of Louisiana and the Constitution of the United States, the following proposition, to-wit:

PROPOSITION

(SALES TAX)

Shall the City of Breaux Bridge, State of Louisiana (the “City”), be authorized to levy and collect a tax of one percent (1%) (the “Tax”) upon the sale at retail, the use, the lease or rental, the consumption, and the storage for use or consumption, of tangible personal property and on sales of services in the City, all as defined by law, in perpetuity, beginning January 1, 2020 (an estimated $2,700,000 reasonably expected at this time to be collected from the levy of the Tax for an entire year), with the proceeds of the Tax (after paying the reasonable and necessary costs and expenses of collecting and administering the Tax) to be dedicated and used solely for the purposes of (i) acquiring, constructing, improving, maintaining and/or operating infrastructure, including public streets, sidewalks and rights-of-way, drainage, water works, parks and recreation facilities, and the purchasing and acquiring of necessary equipment, land and rights-of-way for any of the aforesaid public works, improvements and facilities, (ii) public safety, including police and fire operations, facilities and equipment and (iii) cultural and economic development?

            The said special election shall be held at the polling places for the following precincts, which polls will open at seven o’clock (7:00) a.m. and close at eight o’clock (8:00) p.m., in accordance with the provisions of La. R.S. 18:541, to wit:

PRECINCTS

30(PART)

31

32(PART)

36(PART)

38

39

40(PART)

41(PART)

            The polling places for the precincts set forth above are hereby designated as the polling places at which to hold the said election, and the Commissioners-in-Charge and Commissioners, respectively, shall be those persons designated according to law.

A-1

            The said special election will be held in accordance with the applicable provisions of Chapter 5, Chapter 6-A and Chapter 6-B of Title 18 of the Louisiana Revised Statutes of 1950, as amended, and other constitutional and statutory authority, and the officers appointed to hold the said election, as provided in this Notice of Special Election, or such substitutes therefor as may be selected and designated in accordance with La. R.S. 18:1287, will make due returns thereof to said Governing Authority, and NOTICE IS HEREBY FURTHER GIVEN that the Governing Authority will meet at its regular meeting place, the City Hall, 101 Berard Street, Breaux Bridge, Louisiana, on WEDNESDAY, NOVEMBER 20, 2019, at TEN O’CLOCK (10:00) A.M., and shall then and there in open and public session proceed to examine and canvass the returns and declare the result of the said special election.  All registered voters of the City are entitled to vote at said special election and voting machines will be used.

            THUS DONE AND SIGNED at Breaux Bridge, Louisiana, on this, the 13th day of August, 2019.

ATTEST:                                                                                                                                                        ____________________________________

                                                                                                                            Mayor

___________________________________ 

                           Clerk

A-2

STATE OF LOUISIANA

PARISH OF ST. MARTIN

            I, the undersigned Clerk of the City of Breaux Bridge, State of Louisiana (the “City”), do hereby certify that the foregoing pages constitute a true and correct copy of the proceedings taken by the Mayor and Board of Aldermen on August 13, 2019, ordering and calling a special election to be held in the City of Breaux Bridge, State of Louisiana, to authorize the levy of a sales and use tax therein; making application to the State Bond Commission in connection therewith; and providing for other matters in connection therewith.

            IN FAITH WHEREOF, witness my official signature at Breaux Bridge, Louisiana, on this, the 13th day of August, 2019.

                                                                                                ____________________________________                                                                                   

Upon motion of Eddy Leblanc, duly seconded by Ryan Breaux and unanimously carried, the Board of Aldermen authorized the Mayor to execute a contract with Acadian Ambulance, upon recommendations made by City Attorney Bart Hebert,

Upon motion Neal Melancon, duly seconded by Ryan Breaux and unanimously carried, the Board of Aldermen approved the introduction of Ordinance #2252: An ordinance to amend Chapter 2, Article V, of the Code of Ordinances for the City of Breaux Bridge, Louisiana, by repeal, amendment, revision, enactment and/or re-enactment of Sections 2-148 through 2-150, relative to employee policies and procedures.

Upon motion of Eddy Leblanc, duly seconded by Ernest “E.J.” Ledet and unanimously carried, the Board of Aldermen approved the introduction of Ordinance #2253: An Ordinance to establish and collect sewer rates and charges to extend sewer facilities and services to areas of City located outside of sewer system, and matters related thereto.  

Upon motion of Eddy LeBlanc, duly seconded by Neil Melancon and unanimously carried, the Board of Aldermen approved authorizing Mayor to execute for and on behalf of the City of Breaux Bridge, a Resolution of Acceptance and Notice of Acceptance with Elliott Construction, LLC pertaining to the completion of the Rue La Belle Road Reconstruction Project.

Resolution of Acceptance

            A resolution authorizing and directing the Mayor to execute for and on behalf of the City of Breaux Bridge, Louisiana an Act of Acceptance from by Elliott Construction, LLC, of Grand Coteau, LA, Contractor, pertaining to the completion of the Rue La Belle Road Reconstruction Project for the City of Breaux Bridge, LA.

            Whereas, Elliott Construction, LLC, as Contractor, has substantially completed the Rue La Belle Road Reconstruction for the City of Breaux Bridge, Louisiana, in accordance with the plans and specifications contained in the Contract Documents pertaining thereto; and

            Whereas, the City of Breaux Bridge, Louisiana acting through its Mayor and Councilmen, desires to accept the completed work;

            Now, therefore, it be resolved by the Councilmen of the City of Breaux Bridge, Louisiana, acting as the governing authority for the said City of Breaux Bridge, that the Mayor, be and he is hereby empowered, authorized and directed to execute an Act of Acceptance for and on behalf of the City of Breaux Bridge, Louisiana, accepting the work as being complete, and that he be authorized and directed to have a copy of said Acceptance recorded in the Conveyance Records of the Parish of St. Martin, State of Louisiana.

            The foregoing resolution was offered by Eddy LeBlanc and seconded by Neil Melancon.

This resolution having been submitted to a vote, the vote thereon was as follows:

YEAS:               Ryan Breaux, Scotty Borel, Ernest “E.J.” Ledet, Eddy LeBlanc Neil Melancon

NAYS:   None___________________________________________________________

ABSENT:          None___________________________________________________________

            And the resolution was declared adopted on this the 13th day of August, 2019.

Attest:

By_________________________________

        Mayor

By_______________________________

                        Secretary

NOTICE OF ACCEPTANCE

            TO ALL WHOM IT MAY CONCERN, and especially to all subcontractors, workmen, laborers, mechanics, and furnishers of materials:

Public Notice is hereby given according to law that the undersigned Owner has accepted, as substantially complete, the work done on the Rue La Belle Road Reconstruction by Elliott Construction, LLC, Contractor, under his contract with the City of Breaux Bridge, Louisiana, dated March 26, 2019, and recorded under Book No. 1580, page 360 in the Records of the Clerk of Court, Parish of St. Martin, Louisiana;

                All subcontractors, workmen, laborers, mechanics, and furnishers of materials must assert whatever claim they may have against the said Contractor, growing out of the execution of said Contract, according to law, within 45 days from registration hereof.

                                                                                CITY OF BREAUX BRIDGE, LOUISIANA

                                                                                BY:_______________________________

                                                                                                Ricky J. Calais, Mayor

Date:  14th day of August, 2019.

Upon motion of Ryan Breaux, duly seconded by Ernest “E.J.” Ledet and unanimously carried, the Board of Aldermen approved authorizing Mayor to execute for and on behalf of the City of Breaux Bridge, an Act and Notice of Acceptance with Glenn Lege Construction, Inc. pertaining to the completion of the Armentine Cove Road Reconstruction Project.

RESOLUTION OF ACCEPTANCE

            A resolution authorizing and directing the Mayor to execute for and on behalf of the City of Breaux Bridge, Louisiana an Act of Acceptance from Glenn Lege Construction, Inc., of Youngsville, LA, Contractor, pertaining to the completion of the Armentine Cove Road Reconstruction for the City of Breaux Bridge, LA.

            WHEREAS, Glenn Lege Construction Inc., as Contractor, has substantially completed the Armentine Cove Road Reconstruction for the City of Breaux Bridge, Louisiana, in accordance with the plans and specifications contained in the Contract Documents pertaining thereto; and

            WHEREAS, the City of Breaux Bridge, Louisiana acting through its Mayor and Councilmen, desires to accept the completed work;

            NOW, THEREFORE, IT BE RESOLVED by the Councilmen of the City of Breaux Bridge, Louisiana, acting as the governing authority for the said City of Breaux Bridge, that the Mayor, be and he is hereby empowered, authorized and directed to execute an Act of Acceptance for and on behalf of the City of Breaux Bridge, Louisiana, accepting the work as being complete, and that he be authorized and directed to have a copy of said Acceptance recorded in the Conveyance Records of the Parish of St. Martin, State of Louisiana.

            The foregoing resolution was offered by Ryan Breaux and seconded by Ernest “E.J.” Ledet.

This resolution having been submitted to a vote, the vote thereon was as follows:

YEAS:                        Ryan Breaux, Scotty Borel, Ernest “E.J.” Ledet, Eddy LeBlanc Neil Melancon

NAYS:            None___________________________________________________________

ABSENT:       None___________________________________________________________

            AND the resolution was declared adopted on this the 13th day of August, 2019.

ATTEST:

By_______________________________                 BY                                                                 

                        Secretary                                                                                 Mayor

NOTICE OF ACCEPTANCE

            TO ALL WHOM IT MAY CONCERN, and especially to all subcontractors, workmen, laborers, mechanics, and furnishers of materials:

Public Notice is hereby given according to law that the undersigned Owner has accepted, as substantially complete, the work done on the Armentine Cove Road Reconstruction Project by Glenn Lege Construction, Inc., Contractor, under his contract with the City of Breaux Bridge, Louisiana, dated January 9, 2019, and recorded under Book No. 1571, page 573 in the Records of the Clerk of Court, Parish of St. Martin, Louisiana;

            All subcontractors, workmen, laborers, mechanics, and furnishers of materials must assert whatever claim they may have against the said Contractor, growing out of the execution of said Contract, according to law, within 45 days from registration hereof.

                                                            CITY OF BREAUX BRIDGE, LOUISIANA

                                                            BY:_______________________________

                                                                        Ricky J. Calais, Mayor

Date: 14th day of August, 2019.

Upon motion of Eddy Leblanc, duly seconded by Ryan Breaux and unanimously carried, the Board of Aldermen approved rejecting all bids received for the Sewer Project North of I-10 due to the bids exceeding the estimated cost of the project and authorized the Mayor to re-advertise bids for the project.

Upon motion of Neil Melancon, duly seconded by Eddy Leblanc and unanimously carried, the Board of Aldermen adopted a Resolution Requesting Financial Assistance from the State of Louisiana under the Fiscal Year 2019-2020 Local Government Assistance Program and Community Water Enrichment Fund Program.

The following resolution was offered by Neil Melancon, seconded by Eddy LeBlanc and duly resolved:

RESOLUTION

A RESOLUTION REQUESTING FINANCIAL ASSISTANCE FROM THE STATE OF LOUISIANA UNDER THE FISCAL YEAR 2019-2020 LOCAL GOVERNMENT ASSISTANCE PROGRAM AND COMMUNITY WATER ENRICHMENT FUND PROGRAM

            WHEREAS, the Louisiana Legislature has appropriated funding for the Fiscal Year 2019-2020 Local Government Assistance Program (LGAP) and Community Water Enrichment Fund (CWEF) Program; and

            WHEREAS, the Local Government Assistance Program offers grants to eligible municipalities and parishes for a wide range of projects to improve public health, public safety, living conditions and for economic development purposes; and

            WHEREAS, the Community Water Enrichment Fund Program offers grants to eligible municipalities and parishes for rehabilitation, improvements and new construction projects for community potable water systems; and

            WHEREAS, it is deemed necessary and proper to submit applications to the Louisiana Office of Community Development under the Fiscal Year 2019-2020 Local Government Assistance Program and also the Fiscal Year 2019-2020 Community Water Enrichment Fund Program.

            NOW THEREFORE BE IT RESOLVED by the City Council of the City of Breaux Bridge that Mayor Ricky J. Calais is hereby authorized to sign and submit an application to the State of Louisiana, Office of Community Development under the Fiscal Year 2019-2020 Local Government Assistance Program and also execute any and all documents should this grant be funded; and

            BE IT FURTHER RESOLVED that the Mayor is hereby authorized to sign and submit an application to the State of Louisiana, Office of Community Development under the Fiscal Year 2019-2020 Community Water Enrichment Fund Program and also execute any and all documents should this grant be funded.

             THEREUPON, the above resolution was declared adopted.

****************************************************************************** C E R T I F I C A T E

            I, Kristi LeBlanc, City Clerk of the City of Breaux Bridge, do hereby certify that the above is a true and exact copy of a resolution adopted by the City Council of the City of Breaux Bridge on August 13, 2019 at which time a quorum was present and voting.

____________________________________

                                                                                                            KRISTI LEBLANC

                                                                                    CITY CLERK

                                                                                    CITY OF BREAUX BRIDGE

Upon motion of Eddy Leblanc, seconded by Neil Melancon and unanimously carried, the Board of Aldermen ordered that the property at 231 West Mills Avenue be condemned and that fifteen (15) days be given to the property owner to submit plans to be accepted and approved by Planning and Zoning and thirty (30) days be given to complete the proposed work to bring the structure up to code.

Upon motion of Ryan Breaux, duly seconded by Ernest “E. J.” Ledet and unanimously carried, the Board of Aldermen approved authorizing Mayor to execute for and on behalf of the City of Breaux Bridge, an Act and Notice of Acceptance with R.J. Broussard General Contractors pertaining to the completion of the Berard Street Water Line Relocation Project.

Resolution of Acceptance

            A resolution authorizing and directing the Mayor to execute for and on behalf of the City of Breaux Bridge, Louisiana an Act of Acceptance from R J Broussard General Contractors Inc., of New Iberia, LA, Contractor, pertaining to the completion of the Berard Street Waterline Relocation for the City of Breaux Bridge, LA.

            Whereas, R J Broussard General Contractors Inc., as Contractor, has substantially completed the Berard Street Waterline Relocation for the City of Breaux Bridge, Louisiana, in accordance with the plans and specifications contained in the Contract Documents pertaining thereto; and

            Whereas, the City of Breaux Bridge, Louisiana acting through its Mayor and Councilmen, desires to accept the completed work;

            Now, therefore, it be resolved by the Councilmen of the City of Breaux Bridge, Louisiana, acting as the governing authority for the said City of Breaux Bridge, that the Mayor, be and he is hereby empowered, authorized and directed to execute an Act of Acceptance for and on behalf of the City of Breaux Bridge, Louisiana, accepting the work as being complete, and that he be authorized and directed to have a copy of said Acceptance recorded in the Conveyance Records of the Parish of St. Martin, State of Louisiana.

            The foregoing resolution was offered by Ryan Breaux and seconded by Ernest “E.J.” Ledet.

This resolution having been submitted to a vote, the vote thereon was as follows:

YEAS:               Ryan Breaux, Scotty Borel, Ernest “E.J.” Ledet, Eddy LeBlanc Neil Melancon

NAYS:               None___________________________________________________________

ABSENT:          None___________________________________________________________

            And the resolution was declared adopted on this the 13th day of August, 2019.

Attest:

BY _______________________________                 BY                                                                                                                                Secretary                                                                                 Mayor

NOTICE OF ACCEPTANCE

            TO ALL WHOM IT MAY CONCERN, and especially to all subcontractors, workmen, laborers, mechanics, and furnishers of materials:

Public Notice is hereby given according to law that the undersigned Owner has accepted, as substantially complete, the work done on the Berard Street Waterline Relocation by R J Broussard General Contractors Inc., Contractor, under his contract with the City of Breaux Bridge, Louisiana, dated December 21, 2018, and recorded under Book No. 1571, page 398 in the Records of the Clerk of Court, Parish of St. Martin, Louisiana;

                All subcontractors, workmen, laborers, mechanics, and furnishers of materials must assert whatever claim they may have against the said Contractor, growing out of the execution of said Contract, according to law, within 45 days from registration hereof.

                                                                                CITY OF BREAUX BRIDGE, LOUISIANA

                                                                                BY:  _______________________________                                                                                                                                          Ricky J. Calais, Mayor

Date:  14th day of August, 2019.

Upon motion of Ernest “E.J.” Ledet, duly seconded by Scotty Sorel, and unanimously carried by the Board of Aldermen, the meeting was adjourned.

_____________________________                                      ______________________________

Kristi LeBlanc, City Clerk                                                      Ricky Calais, Mayor