December 2017

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, AT 6:00 P.M. ON TUESDAY, DECEMBER 12, 2017.

 

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

 

Present:  Brenda Castille Hobbs, Howard Alexander, Ernest Ledet, Glenn Michael Angelle

 

Absent:  Gary Champagne

 

Upon motion of Glenn Michael Angelle and duly seconded by Howard Alexander and unanimously carried the Board of Aldermen approved to delete Item #13 (Consider the recommendation from Zoning Commission to rezone a 2.15 acre lot at the corner of South Poydras Street and Hollier Road from RESIDENTIAL 2, with the intent to subdivide the lot into 7 individual lots.) from the agenda.

 

Upon motion of Glenn Michael Angelle duly seconded by Howard Alexander and unanimously carried, the Board of Aldermen approved to add the following items to the agenda:

 

Item #16:   Consider adopting Ordinance 2235 an amendment to Chapter 23 of the Code                               of Ordinances

Item #17:  Receipt and discussion of Garbage Proposals

 

Upon motion of Glenn Michael Angelle and duly seconded by Howard Alexander and carried, Alderman Brenda Castille Hobbs abstaining, the minutes of the November 14, 2017 Board of Aldermen meeting were approved.

 

Upon motion of Ernest Ledet duly seconded by Howard Alexander and unanimously carried, the Board of Aldermen will proceed to demolish the property located at 602 Blanchard Street and add the cost of said actions to the tax roll.

 

Upon motion of Howard Alexander duly seconded by Glenn Michael Angelle and unanimously carried, the Board of Aldermen adopted Ordinance #2239 (An Ordinance to amend Article II of Chapter 4 of the Code of Ordinances for the City of Breaux Bridge, Louisiana, by the repeal of Sections 4-16 through 4-18 and Sections 4-31 through 4-41, and by the enactment and/or re-enactment of Sections 4-16 through 4-29, relative to the regulation of Parades and Footraces.)  as submitted.

 

ORDINANCE NUMBER 2239

 

An ordinance to amend Article II of Chapter 4 of the Code of Ordinances for the City of Breaux Bridge, Louisiana, by the repeal of Sections 4-16 through 4-18 and Sections 4-31 through 4-41, and by the enactment and/or re-enactment of Sections 4-16 through 4-29, relative to the regulation of Parades and Footraces.

 

BE IT ORDAINED by the Board of Aldermen for the City of Breaux Bridge, Louisiana, duly convened in regular session on the 12th day of December, 2017, that:

 

Article II of Chapter 4 of the Code of Ordinances for the City of Breaux Bridge, Louisiana, be amended by the repeal of Sections 4-16 through 4-18, the repeal of Sections 4-31 through 4-41, and by the enactment and/or re-enactment of Sections 4-16 through 4­-29, as follows:

 

Sec. 4-16. Declaration of Findings and Policy.

 

The City of Breaux Bridge concludes that unregulated Parades and Footraces, as defined herein, could present a serious hazard to public health, welfare, and the safety of the residents and participants. Consequently, availing itself of the authority expressed and/or implied by virtue of La. R.S. 32:41, et seq, the City of Breaux Bridge, Louisiana, does hereby impose the following regulations upon Parades and Footraces conducted on the public streets within the City.

 

Sec. 4-17. Definitions.

 

The following terms, words, and phrases, when used in this Article, shall have the meaning ascribed to them set forth below, except when the context clearly indicates a different interpretation or application:

 

  • Chief of Police means the elected or acting Chief of Police of the City of Breaux Bridge, Louisiana.

 

  • Footrace means any event wherein an organized gathering of individuals engage, pursuant to any type of sponsorship, in a Footrace on a public street and/or sidewalk within the City of Breaux Bridge, Louisiana.

 

  • Parade means any march, ceremony, show, exhibition, demonstration, rally, gathering, or procession of persons or vehicles in or upon any street, park, or other public place within the City of Breaux Bridge, Louisiana. Event embraces both Parades and Footraces as defined in this Section.

 

  • Permitted Route means a route along contiguous portions of the public streets and/or sidewalks within the City of Breaux Bridge designated by the Chief of Police as a route permitted by the City to be used for a Parade or Footrace.

 

  • Permitted Time means the hours of the day on such days as are designated by the Chief of Policy as periods of time permitted by the City for a Parade or Footrace to occur.

 

Sec. 4-18. Requirement of Permit.

 

Any person, firm, or organization which desires to operate, conduct, and/or sponsor a Parade or Footrace must apply for and receive a permit from the City of Breaux Bridge, Louisiana. The application for the permit must be submitted to the Mayor of the City of Breaux Bridge at least sixty (60) days prior to said event. The application shall set forth the following facts and information:

 

  • The name, address, telephone number, and electronic mail address of the person seeking to conduct and/or sponsor such Parade or Footrace;

 

  • If the proposed Parade or Footrace is to be conducted for, on behalf of, or by an organization, the name, address, telephone number, and electronic mail address of the principal place of business of the organization and the authorized, responsible executive(s) of such organization;

 

  • The name, address, telephone number, and electronic mail address of the person who will be the Parade chairperson or Footrace director, and who will be responsible for its conduct;

 

  • The date and time when the Parade or Footrace is to occur, which date and time must be during a Permitted Time;

 

  • The route of the event with the starting point and termination point being specified, which route must be located within a Permitted Route;

 

  • The estimated or approximate number of persons who, and animals and vehicles which, will participate in the event, including the type of animals and description(s) of vehicle(s);

 

  • The hours the Parade or Footrace will start and terminate, which hours must be within a Permitted Time;

 

  • A statement as to whether the Parade or Footrace will occupy all or only a portion of the width of the streets proposed to be traversed;

 

  • The location of the assembly area(s) for the Parade;

 

  • The time at which units of the Parade will begin to assemble at any designated assembly area or areas;

 

  • The interval or space to be maintained between units in any Parade;

 

  • Proof of insurance required by Section 4-19 below;

 

  • When required, the Louisiana Department of Transportation and Development has consented to or approved of the use of state roads for the Parade or Footrace; and

 

  • Any additional information which the Mayor shall deem reasonable and necessary to effect a fair determination as to whether a permit should be issued for the Parade or Footrace.

 

Moreover, prior to the application being submitted to the Mayor, the Chief of Police must sign it reflecting that: (1) the event is to occur during a Permitted Time; (2) the event is to occur upon a Permitted Route; and (3) arrangements have been confected regarding the presence of the number of police officers which may be determined by the said Chief of Police to be necessary in order to insure that public safety is not compromised.

 

At all times, the permit issued for the event shall be maintained by the Parade chairperson or the Footrace director.

 

Sec. 4-19. Liability; Requirement of Insurance.

 

  • The person, group association or organization to whom the permit is issued shall be liable for all damage to property or persons which may arise out of or in connection with any such Footrace or Parade for which the permit is issued.

 

  • Any person, group, association, or organization applying for a permit to conduct a Footrace or Parade shall provide a certificate of general liability insurance and, if applicable, automobile liability insurance, insuring against any damage to property or persons which may arise out of or in connection with the Footrace or Parade. Such general liability and automobile liability insurance policies shall contain limits not less than One Hundred Thousand and No/100 ($100,000.00) Dollars per person and Three Hundred Thousand and No/100 ($300,000.00) Dollars for each occurrence with respect to bodily injury or death; and certificates for said insurances shall include the following language: “The City of Breaux Bridge, its officials, employees, and volunteers are named as insureds under this liability policy of insurance.”

 

 

 

 

 

Sec. 4-20. Application Fee; Event Fee.

 

  • The Mayor of the City of Breaux Bridge shall collect from the applicant of any Footrace or Parade an application fee of Two Hundred Fifty and No/100 ($250.00) Dollars, which fee shall be non-refundable.

 

  • In addition, in order to pay for the police personnel necessary for a Parade or Footrace, the Mayor for the City of Breaux Bridge shall collect from the applicant of any Footrace or Parade an Event Fee of One Thousand Two Hundred and Fifty and No/100 ($1,250.00) Dollars. If the applicant provides the Mayor with written notice of the cancellation of the Footrace or Parade at least ten (10) days prior to such event, the Event Fee shall be refunded to applicant.

 

Sec. 4-21. Late Applications.

 

The Mayor, when good cause is presented to him, shall have the authority to consider any application for a Footrace or Parade required by this Article which may be presented to him not less than seven (7) days before the date of the proposed event.

 

Sec. 4-22. Standards for Issuance of a Permit.

 

A Parade or Footrace permit required by this Article shall be issued when, from a consideration of the application and from such other information as may otherwise be obtained, it is determined that:

 

  • The conduct of the event will not substantially interrupt the safety and orderly movement of other traffic contiguous to its route;

 

  • The conduct of the event will not require the diversion of so great a number of police officers of the City to properly police the event so as to compromise police protection to the City;

 

  • The conduct of the event will not require the diversion of so great a number of ambulances and other emergency vehicles as to prevent normal services thereof to portions of the City other than that to be occupied by the proposed line of the event and areas contiguous thereto;

 

  • The concentration of persons, animals, and vehicles at assembly points of the Parade will not unduly interfere with proper fire and police protection of, or ambulance services to, areas contiguous to such assembly areas;

 

  • The event will not interfere with the movement of firefighting equipment in route to a fire or other emergency;

 

  • The event is not reasonably likely to result in injury to persons or property, to provoke disorderly conduct, or create a disturbance;

 

  • The event is scheduled to move from its point of origin to its point of termination expeditiously and without unreasonable delay;

 

  • The event is not held for the sole purpose of advertising any product, goods, or event, and is not designed to be held purely for private profit;

 

  • The event is to occur during a Permitted Time and within the confines of a Permitted Route; and

 

  • Any other factor deemed reasonable and pertinent by the Mayor in his capacity as the Chief Executive Office of the City of Breaux Bridge, Louisiana.

 

Sec. 4-23. Notice of Rejection of Application and Appeal Rights.

 

  • The Mayor shall act upon the application for a Parade or Footrace permit required by this Article within seven (7) working days after its presentation to his office. If the Mayor disapproves the application, he shall notify the applicant within three (3) working days after the date upon which the application was rejected, and a notice shall set forth the reasons for his denial of the permit.

 

  • Any person aggrieved shall have the right to appeal the denial of a Parade or Footrace permit to the Board of Aldermen. The appeal must be urged within three (3) working days after the date of notice of the denial. Moreover, the appeal shall become effected by sending written notice to the Mayor or the City Clerk via registered mail, return receipt requested, or by hand delivery to either of the aforesaid persons; or by electronic transmission to either of the aforesaid. Upon receipt of the notice of appeal, the matter shall then be placed upon an agenda to be considered by the Board of Aldermen at a regular or special meeting.

 

Sec. 4-24. Notification.

 

Immediately upon the issuance of a permit for a Parade or Footrace, the Mayor shall inform the following thereof:

 

  • The Chief of Police for the City of Breaux Bridge, Louisiana;

 

  • The Fire Chief of the Fire Department which services the City of Breaux Bridge;

 

  • The Sheriff of St. Martin Parish, Louisiana;

 

  • (d) Troop I of the Louisiana State Police, should a state highway be affected by the event; and
  • (e ) Acadian Ambulance or other applicable emergency medical services provider.

 

Sec. 4-25. Presence of Chairperson or Director.

 

The Parade chairperson or director of the Footrace, as identified in the application for the event, shall be present at all times during the event.

 

Sec. 4-26. Rules and Regulations.

 

Any Parade of any kind, for whatever purpose, shall comply with the following rules and regulations:

 

  • Floats may not exceed forty (40′) feet in length or ten (10′) feet in width, may not be less than three (3′) feet nor more than fourteen (14′) feet in height and must have four (4) solid sides constructed of wood or other hard substance(s);

 

  • The following items are not to be thrown, distributed, or in any way delivered by any participant in the Parade, or from any vehicle, float, or animal: any item which is sexually oriented or displays any lewd or lascivious act; any item depicting, advertising, and/or advocating drugs or drug use; any item weighing in excess of five (5) ounces; and any glass container(s). Moreover, no music of a vulgar or sexual nature may be played from any vehicle, float, or animal;

 

  • Each vehicle or float, if applicable, shall display the name of the organization, business, or individual it is representing;

 

  • No float or vehicle in the Parade may contain open flames such as barbeque pits;

 

  • No person may ride on the roof, trunk, or hood of any vehicle participating in the Parade;

 

  • No float or vehicle with more than eighteen (18) tires shall be allowed;

 

  • Every vehicle and float shall contain one (1) adult supervisor (age 21 years or older) for every six (6) children under the age of twelve (12) who are on the float;

 

  • It shall be unlawful for any person to sell or possess any silly string within three hundred (300’) feet of any Parade route within the City on any date a Parade is scheduled. The term “silly string” is defined as any chemical product which, upon activation, emits a string-like substance by means of a propellant; and

 

  • Paint guns, water guns, fireworks, and firearms are strictly prohibited. Also prohibited are any fog machines that would hamper a driver’s visibility.

 

Sec. 4-27. Participants Under the Influence of Intoxicant(s).

 

No person participating in any Footrace or Parade shall be under the influence of alcoholic beverage(s) or any controlled dangerous substance(s) listed in Schedules I, II, III, IV, and/or V as set forth in La. R.S. 40:964. Furthermore, no person participating in any Footrace or Parade shall be under the influence of, consume, possess, or distribute any alcoholic beverage(s) or any other controlled dangerous substance(s) identified in Schedules I, II, III, IV, and/or V as set forth in La. R.S. 40:964. For purposes of this Section, the term “under the influence” shall be ascribed the identical meaning as envisioned by La. R.S. 14:98.

 

Sec. 4-28. Penalties.

 

Whoever violates any term or provision of this ordinance shall be fined not less than Two Hundred Fifty and No/100 ($250.00) Dollars, nor more than Five Hundred and No/100 ($500.00) Dollars, imprisoned for not more than thirty (30) days, or both.

 

Sec. 4-29. Exceptions.

 

The requirement for a permit shall not apply to any funeral procession; any City sponsored Parade, such as the annual Christmas Parade; any Parade associated with the Crawfish Festival; or any Parade associated with Homecoming for Breaux Bridge High School, provided that such event is under the immediate direction and supervision of the appropriate authorities for such school.

 

BE IT FURTHER ORDAINED by the Board of Aldermen for the City of Breaux Bridge, Louisiana, that all other ordinances and provisions of the Code of Ordinances for the City of Breaux Bridge, Louisiana, that are in conflict with the provisions hereof are hereby declared to be repealed to the extent any such conflict exists.

 

BE IT FURTHER ORDAINED by the Board of Aldermen for the City of Breaux Bridge, Louisiana, duly convened in regular session on the 12th day of December, 2017, that the provisions of this ordinance are hereby declared to be severable, and if any provision, word, phrase, or clause of this ordinance or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect the validity of the remaining portions thereof.

 

BE IT FURTHER ORDAINED by the Board of Aldermen for the City of Breaux Bridge, Louisiana, duly convened in regular session on the 12th day of December, 2017, that this ordinance shall become effective immediately upon the signature of the Mayor.

 

UPON MOTION of      Howard Alexander seconded by Glenn Michael Angelle, and upon verification and assurance that the foregoing ordinance was:

 

  1. Introduced on October 10, 2017, at the regular meeting of the
    Mayor and Board of Aldermen for the City of Breaux Bridge, Louisiana;

 

  1. Disseminated to the Mayor and all aldermen;

 

  1. Published, by title, in the official journal of the City of Breaux Bridge, Louisiana, together with notice of the time and place of its consideration for formal adoption; and

 

 

  1. Presented at a public hearing held on the 14th day of November, 2017, the Board of Aldermen, on the 12th  day of December, 2017, adopted Ordinance Number 2239 by virtue of the following votes:

 

YEAS:      Brenda Castille Hobbs, Howard Alexander, Ernest Ledet and Glenn Michael Angelle______

NAYS:           None

ABSENT:          Gary Champagne

ABSENTENTIONS:        None

 

ATTEST:                                                                       APPROVED:

 

 

                                                                                                                                   

PATTIE B. DUPUIS, CITY CLERK                                   RICKY CALAIS, MAYOR

 

Date:   December 13, 2017_________                                  Date:   December 13, 2017_________

 

 

Upon motion of Brenda Castille Hobbs duly seconded by Glenn Michael Angelle and unanimously carried, the Board of Aldermen adopted Ordinance 2240 (An Ordinance to amend Chapter 15 of the Code of Ordinances by the repeal, amendment, revision, enactment, and/or re-enactment of Sections 15-1. 15-2, 15-4, 15-9, and 15-18 and 15-20 Through 15-30 regarding the regulation of public parks and recreational facilities.) with the latest changes by Attorney Bart Hebert.

 

ORDINANCE NUMBER 2240

 

An ordinance to amend Chapter 15 of the Code of Ordinances by the repeal, amendment, revision, enactment, and/or re-enactment of Sections 15-1, 15-2, 15-4, 15-9, 15-18 and 15-20 through 15-30 regarding the regulation of public parks and recreational facilities.

 

BE IT ORDAINED by the Mayor and Board of Alderman for the City of Breaux Bridge, Louisiana duly convened in regular session on the 12th  day of December 2017, that:

 

Chapter 15 of the Code of Ordinances for the City of Breaux Bridge, Louisiana be amended by the repeal, amendment, revision, enactment, and/or re-enactment of Sections 15-1, 15-2, 15-4, 15-9, 15-18 and 15-20 through 15-30 as follows:

 

Sec. 15-1. – Regulation of use of city’s parks and recreational areas and facilities.

 

Subject to the additional requirements for Veteran’s Park set forth under Sections 15-31, et. seq., the Mayor shall have the authority to regulate, in accordance with the ordinances established by the board of aldermen, the use of the various parks, recreational areas and facilities located thereon that are owned or leased by the City of Breaux Bridge; and the Mayor, or his duly authorized representative, shall administer the policies and procedures established for, and handle the permitting, leasing and/or scheduling of, any and all use or activities at said parks or recreational areas.

 

Sec. 15-2. – Entering using, occupying restricted.

 

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It shall be unlawful to enter, use, or occupy public parks or recreation areas under the supervision and control of the city, for any purpose when the parks or areas are posted against such entrance, use or occupancy.

 

Sec. 15-4. – Rental fees; Application for use of parks and recreational facilities.

 

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Rental fees for parks and recreational areas or facilities located thereon shall be set from time to time by the board of aldermen, or its duly authorized representative. Schedules of these fees shall be made available to the public at City Hall.

 

  • No event shall be held at any park or recreational facility owned or leased by the City, where said event shall have or is anticipated to have an attendance of more than 20 people, unless written application with the City for such use or activity has been made and said event is approved by the Mayor, or his duly appointed designee, and said approval remains unrevoked, at the time of the event.

 

  • Application to use any City park or recreational facility pursuant to subsection (b) shall be made in writing on a form prescribed by the Mayor, or his duly appointed designee, at least 60 days prior to the proposed use or activity and must contain the following:

 

  • The name, address, and telephone number and electronic mail address for the person organizing the event;

 

  • If the proposed event is to be conducted for, or on behalf of, or by an organization, the name, address, telephone number and electronic mail address of the principle place of business of the organization, and the authorized, responsible executive(s) of such organization.

 

  • The name, address, telephone number and electronic mail address for the individual whom shall be the designated responsible party at the event;

 

  • The date, time, and place of the proposed event, including the location and time that the use or activity will commence and end;

 

  • The anticipated number of persons and vehicles at the event, and the basis upon which the determination was made; and

 

  • Such other information, attachments, and submissions, as set forth in the policies and procedures established by the City for such an event.

 

  • An application for use or event may be denied or revoked for any of the following reasons:

 

  • The application is not fully completed and executed; the applicant has not tendered the required application fee, other required user fees, indemnification agreements, insurance certificates, or security deposits within the time prescribed;

 

  • The application contains a material falsehood or misrepresentation;

 

  • The applicant is legally incompetent to contract or to sue or be sued;

 

  • The proposed event or use would conflict with previously planned event or use organized, conducted, sponsored or approved by the City, and occurring at or near the same time and place of the proposed event or use;

 

  • The proposed event would present an unreasonable danger to the public health or safety;

 

  • The proposed event would unreasonably interfere with traffic;

 

  • The proposed event would likely interfere with the movement of emergency equipment and police protection in areas contiguous to or in the vicinity of the proposed use or activity;

 

  • There would not, at the time of the proposed event, be sufficient law enforcement or traffic control officers to adequately protect the participants and non-participants from traffic related hazards in light of other demands for police protection at the time of the proposed event;

 

  • The proposed event is prohibited by law; and

 

  • Such other reasons as deemed necessary or appropriate by the City.

 

Sec. 15-9. – Destruction, removal of trees, vegetation, other city property.

 

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It shall be unlawful to destroy, damage, or remove any tree, shrub, flower and any other type vegetation from any property owned or leased by the City or to destroy, damage, deface, or remove, any city property administered by the board of aldermen.

 

Sec. 15-18. – Same—Commercial purposes.

 

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It shall be unlawful to use city-administered recreation or park property for commercial purposes without first obtaining a written permit from the City of Breaux Bridge. Except with respect to Veteran’s Park, such permits may be issued by the Mayor without concurrence of the board of aldermen.

 

Sec. 15-20. – Regulation of use of Veteran’s Park.

 

Notwithstanding any provisions of any ordinances to the contrary, and in addition to the regulations and restrictions concerning parks and recreational facilities set forth in Sections 15-1 through 15-19 or otherwise located in the City’s Code of Ordinances, and the regulations and restrictions pertaining to the use parks and other recreational facilities established by the City through its policies and procedures, the following regulations and restrictions shall apply to the use of Veteran’s Park:

 

  • The possession, use, and/or consumption of alcohol is not permitted.

 

  • No vending of any merchandise or services, commercial activity or activity for individual gain is permitted.

 

  • Fires of any sort, cooking of any sort, and cooking devices of any sort, including barbeque grills and pits are not permitted.

 

  • No person shall play or utilize any sound amplifying system, unless express permission to do so has been granted by the Board of Aldermen.  For the purposes of this paragraph, “sound amplifying system” shall mean and include any system of electrical hookup or connection, loud speaker system or equipment, sound amplifying system, and any apparatus, equipment, device, instrument, or machine designed for or intended to be used for the purpose of amplifying the sound or increasing the volume of the human voice, musical tone, vibration or sound wave.

 

  • No group of persons in excess of twenty (20) people, other than the Veterans of Foreign Wars or American Legion,  shall use any part or portion of Veteran’s Park for any function without first obtaining a permit from the City to do so, as evidenced by Application and Agreement for use of Park Facilities signed by the Mayor of the City, and such requested use of Veteran’s Park is approved by the Board of Aldermen.

 

Sec. 15-21. – Penalties.

 

Any person who violates any of the provisions of this article shall be guilty of a misdemeanor, and upon conviction thereof, may be punished in accordance with Section 1-11 of the Code of Ordinances.

 

Sec. 15-22 through 15-30.  Reserved.

 

BE IT FURTHER ORDAINED by the Board of Aldermen for the City of Breaux Bridge, Louisiana, that all other ordinances and provisions of the Code of Ordinances for the City of Breaux Bridge, Louisiana, that are in conflict with the provisions hereof are hereby declared to be repealed to the extent any such conflict exists.

 

BE IT FURTHER ORDAINED by the Board of Aldermen for the City of Breaux Bridge, Louisiana, duly convened in regular session on the            day of December 12, 2017, that the provisions of this ordinance are hereby declared to be severable, and if any provision, word, phrase, or clause of this ordinance or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect the validity of the remaining portions thereof.

 

BE IT FURTHER ORDAINED by the Board of Alderman for the City of Breaux Bridge, Louisiana, duly convened in regular session on the 12th day of December, 2017, that this ordinance shall become effective immediately upon the signature of the Mayor.

 

UPON MOTION of Brenda Castille Hobbs, seconded by Glenn Michael Angelle, and upon verification and assurance that the foregoing ordinance was:

 

  1. Introduced on October 10, 2017 at the regular meeting of the Mayor and Board of Alderman for the City of Breaux Bridge, Louisiana;
  2. Disseminated to the Mayor and all Aldermen;
  3. Published, by title, in the official journal of the city of Breaux Bridge, Louisiana, together with the notice of the time and place of its consideration for formal adoption; and
  4. Presented at a public hearing held on the 14th  day of November, 2017, the Board of Aldermen, on the 12th  day of December, 2017, adopted Ordinance Number 2240 by virtue of the following votes:

 

 

 

 

 

YEAS:   Brenda Castille Hobbs, Howard Alexander, Ernest Ledet and Glenn Michael Angelle

NAYS: None

ABSENT: Gary Champagne

ABSENTIONS: None

 

ATTEST:                                                                                                                                                           APPROVED:

______________________                                                                                                    ________________________

PATTIE B. DUPUIS,                                                                                                                              RICKY CALAIS,

CITY CLERK                                                                                                                                                      MAYOR

 

_December 13, 2017____                                                                  _December 13, 2017­­­__

DATE                                                                                                   DATE

 

 

 

Upon motion of Glenn Michael Angelle and duly seconded by Howard Alexander and unanimously carried, the Board of Aldermen adopted a Cooperative Endeavor Agreement between the City of Breaux Bridge and St. Martin Parish.

 

 

                                     INTERGOVERNMENTAL AGREEMENT FOR

                                   ABATEMENT OF ADJUDICATED PROPERTIES

 

BY:                ST. MARTIN PARISH          :

GOVERNMENT                                           :           PARISH OF ST. MARTIN   

 

AND:              CITY OF BREAUX                                                    STATE OF LOUISIANA

BRIDGE, LOUISIANA :

 

******************************************************************

 

 

WHEREAS, the ST. MARTIN PARISH GOVERNMENT has entered into an agreement with Archon Information Systems, LLC, d/b/a CivicSource to identify all properties adjudicated to the ST. MARTIN PARISH GOVERNMENT pursuant to the provisions of La.R.S. 47:2196, et seq;

WHEREAS, many of the adjudicated properties are located within the corporate limits of the municipalities of St. Martin Parish, Louisiana;

WHEREAS, the aforementioned adjudicated properties have frequently been adjudicated to both ST. MARTIN PARISH GOVERNMENT and the municipality in whose jurisdiction the said premises are located;

WHEREAS, in many instances, if not most, the adjudicated properties are blighted and constitute a “nuisance” under regulatory ordinances of both the ST. MARTIN PARISH GOVERNMENT and the municipality in which the subject properties are located;

WHEREAS, the blighted conditions of the adjudicated properties frequently negatively impact their marketability by CivicSource and/or the political subdivision(s) to whom the properties have been adjudicated;

WHEREAS, the length of time necessary to confect a private sale/donation of the adjudicated properties is substantial;

WHEREAS, the dictates of public health and safety concerns warrant the abatement of the offending conditions of the adjudicated properties;

 

WHEREAS, the abatement/remediation of blighted adjudicated properties will serve the best interests of public health and safety, as well as encourage the marketability of said premises;

WHEREAS, the ST. MARTIN PARISH GOVERNMENT and the CITY OF BREAUX BRIDGE, LOUISIANA, have frequently jointly engaged in cooperative endeavors to aid and assist in providing services to the public, each other, and other governmental entities;

WHEREAS, the cooperative and mutual endeavors between the ST. MARTIN PARISH GOVERNMENT and the CITY OF BREAUX BRIDGE, LOUISIANA, provide an excellent vehicle by which up-to-date services can be provided for and on behalf of the citizens of St. Martin Parish, Louisiana;

WHEREAS, a joint venture between the ST. MARTIN PARISH GOVERNMENT and the CITY OF BREAUX BRIDGE, LOUISIANA, addressing the abatement of blighted properties would serve the best interests of both the ST. MARTIN PARISH GOVERNMENT and the CITY OF BREAUX BRIDGE, LOUISIANA, in particular, and the public, in general;

WHEREAS, the remediation of blighted adjudicated properties is a public endeavor which both the ST. MARTIN PARISH GOVERNMENT and the CITY OF BREAUX BRIDGE, LOUISIANA, are authorized by law to pursue;

WHEREAS, the ST. MARTIN PARISH GOVERNMENT and the CITY OF BREAUX BRIDGE, LOUISIANA, desire to enter into a mutual agreement whereby the abatement of blighted properties which have been adjudicated under the provisions of La.R.S. 47:2196, et seq, will be encouraged and effected without undue financial hardship to either public entity;

 

WHEREAS, Article VII, Section 14( C) of the Louisiana Constitution permits cooperative endeavors for such public purposes;

WHEREAS, the ST. MARTIN PARISH GOVERNMENT and the CITY OF BREAUX BRIDGE, LOUISIANA, postulate that entering into such an accord will serve an extremely valuable purpose and yield significant financial and social benefits:

 

NOW, THEREFORE, acting pursuant to Article VII, Section 14( C) of the Louisiana Constitution, “The Local Services Law” of the State of Louisiana, La.R.S. 33:1321, et seq, and La.R.S. 47:2196, et seq:

  1. MARTIN PARISH GOVERNMENT, a political subdivision of the State of Louisiana, which has as its current mailing address Post Office Box 9, St. Martinville, Louisiana, 70582, herein represented by its Parish President, GUY CORMIER, by virtue of Resolution Number ______________, a copy of which is appended (herein referred to as “PARISH”); and

 

CITY OF BREAUX BRIDGE, LOUISIANA, a political subdivision of the State of Louisiana, which has as its current mailing address 101 Berard Street, Breaux Bridge, Louisiana, 70517, herein represented by its Mayor and Chief Executive Officer, RICKY J. CALAIS, by virtue of Resolution Number ______________, a certified copy of which is attached (herein referred to as “CITY”)

 

hereby enter into this cooperative agreement under the following terms, conditions, and provisions:

ARTICLE I.  PURPOSE AND OBJECTIVES OF AGREEMENT.

 

PARISH and CITY enter into this agreement in an attempt to address and control the increasing amount of abandoned and tax adjudicated properties so as to revitalize economically depressed areas by placing such abandoned properties back into the economic stream of commerce and placing same on the active tax rolls of both entities, all in accordance with the dictates of the Local Services Law of the State of Louisiana, La.R.S. 33:1321, et seq.  Moreover, it is the objective of both PARISH and CITY to provide for the orderly payment at the time of the disposition of an adjudicated property, in whole or in part, of:  (a) charges listed on the tax rolls, penalties, interest, and (b) charges and liens of both PARISH and CITY imposed upon the said property in accordance with appropriate legislative authority.  Additionally, both the PARISH and CITY seek to provide a mechanism by which the PARISH can cancel:  (a) past due ad valorem taxes, penalties, and interest, and (b) charges and liens imposed by each upon the property pursuant to appropriate legislative authority, inclusive of La.R.S. 47:2121, et seq.  In addition, the parties hereto, both PARISH and CITY, seek to provide a mechanism by which blighted, adjudicated properties can be remediated so as to encourage their marketability of adjudicated properties and in order to promote public safety and health concerns implicated by such neglected properties.

            ARTICLE II.  MUTUAL UNDERTAKING.

  1. CITY authorizes PARISH to sell any and all properties which may have been jointly adjudicated to both parties jointly or solely the CITY in accordance with La.R.S. 47:2196, et seq. Such sale, when completed, shall result in the cancellation of all accumulated ad valorem taxes and other statutory impositions, penalties, interest, charges, and liens assessed against the said property.

 

  1. PARISH shall contract with a private contractor, thoroughly vetted and sufficiently qualified to carry out all necessary efforts to research, validate, advertise, conduct due diligence, and dispose of the said adjudicated property in strict compliance with applicable laws of the State of Louisiana, all with clear title and title insurance. Furthermore, any such private contractor shall provide a digital, web-based medium through which to conduct and catalog all such efforts to dispose of said adjudicated property, and at no cost to either PARISH and/or CITY, except only as a deduction from surplus proceeds generated from the sale of the property to satisfy costs on an adjudicated property that fails to sell despite the contractor’s efforts, or is cancelled by a taxing authority for any reason(s) after placement with the contractor and costs are incurred by the contractor.
  2. Except for preliminary vetting and research in order to determine the legal eligibility and practical feasibility to offer adjudicated property for sale before soliciting interest from the public for said property, no such adjudicated property shall undergo any legal research or due diligence efforts needed to effect the sale of said property until an adequate deposit of money has been received by the PARISH or the private contractor from a person, firm, or entity expressing interest in one (1) or more particular adjudicated properties. A depositor shall not be afforded any special rights to the said property.  Such a deposit shall be fully refunded if the property is redeemed in accordance with law prior to recordation of the sale of a property from the taxing authority to a third party purchaser or if the sale process of the adjudicated property is terminated for any reason, other than default of the depositor, or if the depositor fails to place a single bid at the public auction where no other bids are received.

 

  1. When an adjudicated property is sold at a public auction, the starting bid price at that auction shall be the total of all costs incurred by the contractor to have the property in proper posture for sale, together with all closing and title insurance costs, to be incurred by the successful bidder. When an adjudicated property is sold to an adjoining landowner in lieu of public auction pursuant to the dictates of La.R.S. 47:2202(B), the sale price to that purchaser shall be the aforesaid starting bid price as if at public auction, plus any additional amount deemed proper by the PARISH and CITY which additional amount should include when feasible all past due taxes and costs of remediation, inclusive of interest, fees, and costs.  In such non-auction sales under La. R.S. 47:2202(B), CITY hereby authorizes PARISH to collect and disburse, as agreed by those entities, the sale proceeds which are in excess of the said starting bid price.
  2. Upon sale of adjudicated property and recordation of all necessary documents pursuant to La.R.S. 47:2207, et seq, CITY does hereby authorize and direct PARISH to cancel: (1) all taxes, charges, penalties, interest, and costs identified on the tax rolls of both PARISH and CITY; (2) all charges and liens imposed against the adjudicated property pursuant to appropriate legislative authority, including, but not limited to, La.R.S. 33:1326 and other applicable law; and (3) any and all other liens and charges which may have been imposed upon the property after its adjudication, including, but not limited to, expenses incurred under Article III.
  3. For adjudicated properties sold at public auction where the successful bid price exceeds the starting bid amount, CITY does hereby authorize PARISH to pay to the proper taxing authorities pro rata by total amount due all outstanding ad valorem taxes, interest, charges, penalties, and other statutory impositions which were owed by the tax debtor prior to the auction subject, however, to the dictates of Article III below.
  4. All sums remaining after satisfaction of all costs of the sale referenced in subparagraph E above, the pro rata distribution pursuant to subparagraph F above, and the payment of all costs due CITY or PARISH pursuant to Article III below shall be retained, in full, by PARISH.
  5. If, after receiving a sale-initiating deposit described in subparagraph C above, the adjudicated property fails to sell, PARISH shall waive any compensation for its efforts pursuant to this agreement.

 

  1. All redemption requests received prior to recordation of a deed following a public auction or sale of adjudicated property to an adjoining landowner shall be received by the Sheriff’s Office of St. Martin Parish, Louisiana, and the contractor retained by PARISH shall be promptly notified. A redemption of adjudicated property shall include all delinquent ad valorem taxes, interest, penalties, charges, liens, and the cost of remediation initiated under Article III below, other statutory impositions, and all costs of the adjudication incurred by the private contractor through the date of the redemption payment or request.  The Sheriff of St. Martin Parish, Louisiana, shall be entitled to charge and collect the standard costs and fees from the redeeming party typically collected for providing any tax sale redemption.  Upon collection thereof, PARISH shall first remit the cost of the private contractor directly to him and all other collected sums to the appropriate entities in the amounts as typical with distribution of ad valorem taxes, interest, penalties, liens, and other statutory impositions.
  2. PARISH shall record this agreement in the Conveyance and Mortgage Records of St. Martin Parish, Louisiana, so as to establish the PARISH’S authority to act pursuant herewith on behalf of CITY.
  3. PARISH agrees to fund all up-front costs of the implementation of this accord, including satisfaction of any costs of adjudication which may be incurred by any contractor which it may retain for the aforesaid disposition of adjudicated properties.

ARTICLE III.  ABATEMENT OF BLIGHTED PROPERTY.

 

  1. Should either PARISH or CITY determine that any property adjudicated to them jointly constitutes a nuisance or otherwise causes a public health or safety hazard, all pursuant to any ordinances of either PARISH or CITY, then either entity shall have the right to enter upon the said property and engage in any and all public works necessary to abate the offending condition(s) which cause the said property to be a “nuisance”. The other political subdivision, therefore, waives any right to consent or object to the other entity’s abatement work.  The entity which has made the considered decision to enter upon the said adjudicated property for purposes of remediation/abatement of offending condition(s) shall notify the other, in writing, of its intent no later than fifteen (15) days prior to entry upon the premises for the said abatement work.
  2. The political subdivision, either the PARISH or CITY, which engages in the abatement/remediation work referenced in subparagraph A above shall enjoy no right of action against the other political subdivision for reimbursement of any costs or expenses incurred in connection therewith. However, if the successful bid price for adjudicated property sold at public or private sale exceeds the starting bid amount set forth in Article II(D), then the cost of said abatement/remediation inclusive of all interest, fees, and costs afforded under any law or ordinance, including but not limited to La. R.S. 33:4766, to be secured by a lien in favor of the public entity incurring such remediation expenses, shall be paid to the public entity incurring the remediation expenses prior to payment of any ad valorem taxes, interest, charges, penalties, and other statutory impositions which may have been owed by the tax debtor prior to the auction/sale.
  3. All remediation activities which either PARISH or CITY may elect to pursue shall be in accordance with the Public Bid Law and Public Contract Law for the State of Louisiana, when applicable under those dictates.

 

  1. The party which undertakes remediation/abatement activities in connection with this Article shall be solely and exclusively responsible for any damages of any nature whatsoever, or any personal injury to any person, firm, or entity, however occasioned, arising out of such remediation/abatement activities. To that end, therefore, that party shall reimburse the other party and agrees to hold it harmless from any damages which may be sustained by any third person or property, however occasioned, arising out of the remediation/abatement activities initiated under the terms, provisions, and conditions of this Article, and shall fully indemnify the other party for any money which it may pay or for which it may be held liable as a consequence thereof.
  2. Should CITY undertake any abatement or remediation action as to property adjudicated solely to it, then it shall be entitled to recover from the proceeds of the sale of said property the costs of such work after deducting and disbursing from the sales price the starting bid amount set forth in Article II(D). In no event shall PARISH be liable to CITY for any of the costs of the aforesaid remediation/abatement acts adopted by CITY if those costs cannot be paid in whole or in part from the balance of the proceeds of the sale after deduction of the starting bid amount referenced in Article II(D).

ARTICLE IV.  TERM.

The term of this agreement shall be for a period of twenty-four (24) months, commencing on the date the last party affixes its signature hereto.

ARTICLE V.  DRAFTING OF ACCORD AND INTERPRETATION.

PARISH and CITY have jointly participated in the negotiation and drafting of this agreement.  Consequently, in the event that ambiguity or a question of intent or interpretation arises, this instrument shall be construed as if drafted jointly, and no presumption or burden of proof shall arise disfavoring or favoring any party by virtue of the authorship of any provision hereof.

 

ARTICLE VI.  COUNTERPARTS.

This agreement may be executed in any number of counterparts, each of which shall be deemed to be an original, but all of which, taken together, shall constitute one (1) and the same instrument.

ARTICLE VII.  SEVERABILITY.

If any provision of this instrument or application thereof to any person or circumstance is held invalid, such invalidity will not affect the other provisions or applications of this instrument which can be given effect without the invalid provision or application, and to that end, the provisions hereof are declared to be severable.

ARTICLE VIII.  LIBERAL APPLICATION.

This intergovernmental agreement shall be liberally interpreted, to the end that through the use of the cooperative endeavor provided herein, greater economy and efficiency of joint undertakings may be encouraged and benefits of such may be extended, all in an effort to serve the objectives set forth herein for the benefit and best interests of the citizens of St. Martin Parish, Louisiana, and City of Breaux Bridge, Louisiana.

THUS DONE AND SIGNED on the _____ day of ______________, 2017, in the presence of the undersigned Notary and _________________________ and _________________________, competent witnesses, after due reading of the whole.

WITNESSES:                                                                                     ST. MARTIN PARISH GOVERNMENT

 

___________________________     ___________________________________

BY:      GUY CORMIER, Parish President

___________________________

 

__________________________________

NOTARY PUBLIC

Printed Name: ______________________

Notary ID Number: __________________

 

THUS DONE AND SIGNED on the _____ day of _______________________, 2017, in the presence of the undersigned Notary and

__________________________ and ___________________________, competent witnesses, after due reading of the whole.

 

WITNESSES:                                                                                     CITY OF BREAUX BRIDGE, LOUISIANA

 

 

___________________________     ___________________________________

BY:      RICKY J. CALAIS, Mayor and Chief Executive Officer

 

___________________________

 

 

 

__________________________________

NOTARY PUBLIC

Printed Name: ______________________

Notary ID Number: __________________

 

Upon motion of Glenn Michael Angelle duly seconded by Howard Alexander and unanimously carried, the public hearing on Ordinance #2242 (An Ordinance to amend Ordinance Number 2163, providing for the creation of “Sales Tax District No. 1 of the City of Breaux Bridge, State of Louisiana” relative to the extension of the boundaries of Sales Tax District No. 1 of the city of Breaux Bridge, State of Louisiana, and the use and expenditure of the proceeds generated by sales Tax District No.1 of the City of Breaux Bridge, State of Louisiana; and relative to amendment of the Intergovernmental Agreement adopted under Ordinance Number 2163 to incorporate the extended boundaries of Sales Tax District No. 1 of the city of Breaux Bridge, State of Louisiana, and amendment of the use and expenditure of the proceeds generated by Sales Tax District No. 1 of the City of Breaux Bridge, State of Louisiana) was opened for public input.

 

City Attorney Bart Hebert explained that months ago an ordinance was introduced

however it was never adopted.  He then incorporated a few changes that Mr. Howard

Alexander wanted into this ordinance instead of having two separate ordinances they

would adopt one.  Being that they do not want the extension, he would revert the

Ordinance back to its original form.

 

Board members spoke briefly on the ordinance change.

 

The motion should now read an amendment of the use and expenditure of the proceeds generated by Sales Tax District No. 1 in accordance with 47:338.1E.

 

 

Upon motion of Howard Alexander duly seconded by Glenn Michael Angelle and unanimously carried, there being no further discussion, the public hearing was closed.

 

 

Upon motion of Howard Alexander duly seconded by Glenn Michael Angelle and unanimously carried, the Board of Aldermen adopted Ordinance Number 2242 (An ordinance to amend Ordinance Number 2163, providing for the amendment of the Intergovernmental Agreement, and amendment of the use and expenditure of the proceeds generated by sales Tax District No. 1 of the City of Breaux Bridge, State of Louisiana) as previously read.

 

 

 

ORDINANCE NUMBER 2242

 

            An ordinance to amend Ordinance Number 2163, providing for the amendment of the Intergovernmental Agreement, and amendment of the use and expenditure of the proceeds generated by Sales Tax District No. 1 of the City of Breaux Bridge, State of Louisiana.

 

WHEREAS,  by Act Number 923 of the 2008 Regular Legislative Session, La. R.S. 33:2711 was amended by the enactment of subparagraph D thereof to permit a municipality such as the City of Breaux Bridge to create special sales tax districts within a portion of the municipality for the purpose of levying and collecting a one (1%) per cent sales and use tax;

 

WHEREAS,  Act Number 923 mandated that the proceeds from such a tax be used by the municipality pursuant to the specific terms and conditions of an intergovernmental agreement between the municipality and the sales tax district;

 

WHEREAS,  Act Number 923 further mandated that the proceeds of the aforementioned tax be utilized for the payment of the costs and expenses of constructing, improving, and maintaining the municipality’s infrastructure which services property located within its jurisdictional boundaries or be used to promote the economic development of both the district and municipality;

 

WHEREAS,  on November 11, 2008, pursuant to the provisions of La R.S. 33:2711, the Board of Aldermen for the City of Breaux Bridge, adopted Ordinance Number 2163, establishing a special sales tax district within the city of Breaux Bridge and designated it as “Sales Tax District No. 1 of the City of Breaux Bridge, State of Louisiana” (“District”);

 

WHEREAS,  under Ordinance Number 2163, the Board of Aldermen for the City of Breaux Bridge further approved and adopted an intergovernmental agreement between it and the District with respect to the use and expenditure of the proceeds generated by the District (the “Intergovernmental Agreement”);

 

WHEREAS,  the aforementioned intergovernmental agreement further provided that all proceeds received by the City of Breaux Bridge from the collection of the said tax shall be used for the payment of the costs and expenses of constructing, improving, and maintaining the City’s infrastructure which serves property located therein or shall be used to promote the economic development of the District or the City, it being provided, however, that a minimum of thirty-five (35%) per cent of the annual proceeds of the tax shall be dedicated and set aside for the purpose of providing matching funds to be received by the City from state and/or federal grants for the construction and improvement of the infrastructure of the City;

 

WHEREAS,  La.R.S.33:2711(D) was amended and re-enacted by Act Number 568 of the 2012 Louisiana Legislature as La. R.S. 47:338.1(D) to require that all tax proceeds generated by the District be expended as follows: twenty (20) per cent of the proceeds be used annually for the repair and maintenance of the City’s infrastructure provided that an Annual Plan for Repair and Maintenance of Municipality Infrastructure be approved by ordinance and by a two-thirds (2/3) vote of the Board of Aldermen, and eighty (80) per cent of the proceeds collected by expended on new construction of infrastructure or substantial improvements of existing infrastructure. However, any such expenditure must be pursuant to a Master Plan for the Construction of Municipal Infrastructure listing the specific projects to be funded through the said tax proceeds, and furthermore, that any such plan be adopted by ordinance passed by a two-thirds (2/3) vote of the City’s governing authority;

 

WHEREAS,  the intergovernmental agreement confected between the City of Breaux Bridge and the District was revised and amended by virtue of Ordinance Number 2200 adopted on March 11, 2014, to reflect the mandates set forth in La. R.S. 47:338.1(D) as amended by Act Number 568 of the 2012 Louisiana Legislature;

 

WHEREAS,  the intergovernmental agreement confected between the City of Breaux Bridge and the District was further revised and amended by virtue of Ordinance Number 2212 adopted on July 14, 2015, to reflect the mandates set forth in La. R.S. 47:338.1(D) as amended by Act Number 568 of the 2012 Louisiana Legislature;

 

WHEREAS,  due to rapid growth being experienced by the City, there was a need for additional funds to manage its operations. Therefore, the City of Breaux Bridge requested and directed that the Louisiana Legislature enact legislation to amend La. R.S. 47:338.1(D) to alter, temporarily, the restrictions on proceeds received by the City of Breaux Bridge from the collection of the sales and use tax in the District;

 

WHEREAS,  pursuant to this request by the City of Breaux Bridge, Senator Fred Mills Proposed Senate Bill No. 464 to amend and reenact La. R.S. 47:338.1(D)(1), and to enact La. R.S. 47:338.1(E). Senate Bill 464 was subsequently adopted by the State Legislature under Act No. 490 and made effective July 1, 2016 through June 30, 2019.

 

WHEREAS,  the newly enacted La. R.S. 47:338.1(E) applied to municipalities having a population in excess of eight thousand one hundred thirty but not more than eight thousand one hundred forty-five persons, based on the latest federal decennial census, and provided that such municipalities may use the proceeds of the additional sales tax as follows: fifty percent (50%) of the proceeds collected from the additional one percent (1%) tax levied within the District for the municipality’s operating budget as approved by the adoption of an ordinance of the governing authority of the municipality, by a two-thirds (2/3) vote, and the remaining fifty percent (50%) of the proceeds collected shall be expended on new construction of infrastructure within the municipality or substantial improvements of existing infrastructure within the municipality, according to a Master Plan for the Construction of Municipal Infrastructure, which shall list the specific infrastructure construction or improvement projects to be funded through the tax proceeds, including funding into bonds for such purposes in the manner provided by state law, and which shall be adopted by the governing authority of the City in the manner provided for in La. R.S. 47: 47:338.1(E)(1)(b);

 

WHEREAS,  for the purposes and pursuant to the aforesaid statutory authority the City of Breaux Bridge wishes to amend Ordinance Number 2163, the ordinance which provided for the creation of “Sales Tax District No. 1 of the City of Breaux Bridge, State of Louisiana”, and to further amend the Intergovernmental Agreement adopted under Ordinance Number 2163 relative to the use and expenditure of the proceeds generated by “Sales Tax District No. 1 of the City of Breaux Bridge, State of Louisiana”, to reflect the mandates set forth under La. R.S. 47:338.1(E).

 

            BE IT, THEREFORE, ORDAINED by the Board of Aldermen for the City of Breaux Bridge, Louisiana, that Ordinance Number 2163, providing for the creation of “Sales Tax District No. 1 of the City of Breaux Bridge, State of Louisiana”, as amended by Ordinance Number 2200, be amended to reflect the mandates set forth under La. R.S. 47:338.1(E), as amended from time to time, relative to the use and expenditure of the proceeds of the taxes generated by “Sales Tax District No. 1 of the City of Breaux Bridge, State of Louisiana”, effective immediately, as follows:

 

For the period of July 1, 2016, through June 30, 2019, or such longer period provided under La. R.S. 47:338.1(E), as may be amended from time to time, the City may use the proceeds of the additional sales tax as follows:

 

  • fifty percent (50%) of the proceeds collected from the additional one percent (1%) tax levied within the District shall be used annually for the municipality’s operating budget as approved by the adoption of an ordinance of the governing authority of the municipality, by a two-thirds (2/3) vote; and

 

  • fifty percent (50%) of the proceeds collected from the additional one percent (1%) tax levied within the District shall be expended on new construction of infrastructure within the municipality or substantial improvements of existing infrastructure within the municipality, according to a Master Plan for the Construction of Municipal Infrastructure, which shall list the specific infrastructure construction or improvement projects to be funded through the tax proceeds, including funding into bonds for such purposes in the manner provided by state law, and which shall be adopted by the governing authority of the City in the manner provided for in this subparagraph.

 

BE IT FURTHER ORDAINED that the Intergovernmental Agreement between Sales Tax District No. 1 of the City of Breaux Bridge, State of Louisiana and the City of Breaux Bridge confected on November 11, 2008, as amended by Ordinance Number 2200, be amended to incorporate all of the terms, conditions and provisions mandated by La. R.S. 47:338.1(E) as regards the expenditure of any and all proceeds collected in the said special taxing district, as set forth above.

 

BE IT FURTHER ORDAINED that the Amendment to the Intergovernmental Agreement for Sales Tax District No. 1 of the City of Breaux Bridge, State of Louisiana, attached hereto as Exhibit “2” between the City and the District is hereby approved, and the Mayor and Clerk are hereby authorized and directed to execute on behalf of the City and the District any and all documents which may be necessary to effectuate the above and foregoing edicts, including, but not limited to, the Amendment to the Intergovernmental Agreement for Sales Tax District No. 1 of the City of Breaux Bridge, State of Louisiana, attached hereto as Exhibit “2.”

 

BE IT FURTHER ORDAINED that the provisions of this Ordinance are hereby declared to be severable, and if any provision, word, phrase, or clause of this ordinance or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect the validity of the remaining portions thereof.

 

THIS ORDINANCE shall become effective immediately upon the signature of the Mayor and the Clerk of the City of Breaux Bridge, Louisiana.

 

BE IT FURTHER ORDAINED by the Board of Alderman for the City of Breaux Bridge, Louisiana, duly convened in regular session on the 12th day of December, 2017, that this ordinance shall become effective immediately upon the signature of the Mayor.

 

UPON MOTION of Howard Alexander, seconded by Glenn Michael Angelle, and upon verification and assurance that the foregoing ordinance was:

  1. Introduced on November 14, 2017 at the regular meeting of the Mayor and Board of Alderman for the City of Breaux Bridge, Louisiana;
  2. Disseminated to the Mayor and all Aldermen;
  3. Published, by title, in the official journal of the city of Breaux Bridge, Louisiana, together with the notice of the time and place of its consideration for formal adoption; and
  4. Presented at a public hearing held on the 12th day of December, 2017,

The Board of Aldermen, on the 12th day of December, 2017, adopted Ordinance Number 2242 by virtue of the following votes:

 

YEAS:            Brenda Castille Hobbs, Howard Alexander, Ernest Ledet and Glenn Michael Angelle

NAYS: None

ABSENT: Gary Champagne

ABSENTIONS: None

 

ATTEST:                                                                               APPROVED:

___________________________                                          _____________________________

PATTIE B. DUPUIS,                                                           RICKY CALAIS,

CITY CLERK                                                                         MAYOR                   

                                                                       

__December 13, 2017__________                                         __December 13, 2017____________

DATE                                                                                      DATE

 

 

Upon motion of Ernest Ledet duly seconded by Glenn Michael Angelle and unanimously carried, the public hearing on Ordinance Number 2241 (An ordinance to amend Chapter 23 if the Code of Ordnances by the repeal, amendment, revision, enactment, and/or re-enactment of Sections 23-5.18, 23-5.18.2, 23-5181.3, and 23-5.18.5 regarding the regulation and restrictions concerning mobile homes, trailers, and related structures and residences.) was opened for public input.

 

City Attorney Bart Hebert explained that the changes would extent the nonconforming                use from one year to 5 years for mobile homes only and it extends the age of a mobile                      home to fifteen years rather than seven.

 

Mayor Ricky Calais and the Board of Aldermen had questions on how they would be                   able to track these changes.

 

Mr. Howard Alexander stated that if a piece of property once housed a mobile home and once it was moved off, that piece of property had five years to still be qualified to have a mobile home on it.

 

Mr. Ernest Ledet stated that the utility history on the property should show when the property was occupied.

 

Mr. Glenn Michael Angelle said basically the property would be grandfathered in for five             years and a day.

 

Mr. Howard Alexander said that is what he needs for the west side.

 

Mr. Ernest Ledet said that he felt that on the west side they have property and ninety to ninety five percent would not have complaints. For instance, if a property once housed a mobile home and its been three years passed, the owner may consider putting another

mobile home there provided it passes inspections.

 

Mr. Howard Alexander stated that they had a similar problem with Mr. Keith Jean Louis.  His trailer passed inspections but because the utility services were off for more than a year he couldn’t get utilities from the City.  He had another situation in the past that involved Miss Pete.

 

Mr. Glenn Michael Angelle was concerned for future land owners.  If someone purchased a piece of property next door to a property that once housed a trailer and four years down the line a trailer is bought in, his property value would go down.

 

Mr. Bart Hebert stated this ordinance change is not specific to one area in Breaux Bridge.

 

Mrs. Brenda Castille Hobbs asked in a case like this, would the land owners surrounding this property be notified?

 

The Board of Aldermen discussed this further among each other.

 

Amanda Leblanc stated that in the previous ordinance, the adjoining land owners had to sign and give approval that they were aware the trailer would be moved in.

 

Brenda Castille Hobbs asked if that could be a part of this ordinance?

 

Bart Hebert stated that they could make it a requirement if they wanted to, regarding adjoining land owners.

 

Brenda Castille Hobbs stated that it would protect the land owners and at the same time

give the five years.

 

The Board of Aldermen discussed further their concerns about the correct amount of footage for a property             owner to be notified.

 

Property owner located at 602 Blanchard Street asked if he cleared out his property, if he would be allowed to bring a trailer on that lot.

 

Mayor Ricky Clais explained the property in question is not “grandfathered in”.  He never had a trailer on it before therefor, he can’t have one in the future.

 

Mayor Calais and the Board of Aldermen, along with Planning and Zoning Director Amanda LeBlanc and City Attorney Bart Hebert, had a discussion on notifying property owners and the footage for notification.

 

Brenda Castille Hobbs wanted to know how the change would look on that ordinance.

 

After much discussion, Bart Hebert said the change would read, the nonconforming use being 60 continuous calendar months and its approval by land owners within 60 feet from any boundary of the property.

 

Mayor Calais and the Board of Aldermen discussed further issues concerning how to track properties that are grandfathered in for five years, the change on the age of the trailer and inspections of the trailers before they are bought into the City of Breaux Bridge.

 

 

Upon motion of Howard Alexander duly seconded by Glenn Michael Angelle and unanimously carried, there being no further input, the public hearing was closed.

 

Upon motion of Howard Alexander duly seconded by Ernest Ledet and unanimously carried, the Board of Aldermen adopted Ordinance Number 2241 with amendments being 60 foot approval from property lines.

 

ORDINANCE NUMBER ___2241___

An ordinance to amend Chapter 23 of the Code of Ordinances by the repeal, amendment, revision, enactment, and/or re-enactment of Sections 23-5.18, 23-5.18.2, 23-5.18.3 and 23-5.18.5 regarding the regulation and restrictions concerning mobile homes, trailers, and related structures and residences.

BE IT ORDAINED by the Mayor and Board of Alderman for the City of Breaux Bridge, Louisiana duly convened in regular session on the 12th  day of December 2017, that:

The Code of Ordinances for the City of Breaux Bridge, Louisiana be amended by the repeal, amendment, revision, enactment, and/or re-enactment of Sections 23-5.18, 23-5.18.2, 23-5.18.3 and 23-5.18.5 as follows:

Sec. 23-5.18. – Regulation of mobile homes.

These regulations shall govern the use of all mobile homes within mobile home parks and mobile homes on individual lots used for residential or other types of occupancy, whether temporary or indefinitely. It is the intent of these regulations to empower the City of Breaux Bridge to govern the location of mobile homes within the City. This ordinance does not embrace industrialized buildings, however.

Any mobile home located in a zone or district classified as R-1, R-2, or R-3, prior to the enactment of Sections 5.18 – 5.18.7 shall be considered a “nonconforming use” and as such, shall be subject to the regulations set forth in Article VI of the Comprehensive Zoning Ordinances of the City of Breaux Bridge, Louisiana; except that such nonconforming use shall be allowed until such nonconforming use has ceased for a period of sixty (60) continuous, calendar months.  Once this nonconforming use ceases, should the lot owner desire to replace said nonconforming use mobile home with another mobile home on said lot, then, before the expiration of said 60-month period, the following requirements must be met: (1) the lot owner must satisfy all requirements for, and must be issued a certificate of Zoning Compliance for the replacement mobile home; (2) all owners of any lot of land in which any boundary thereof is situated within sixty (60) feet of any boundary of the lot of the proposed replacement mobile home shall give their written consent to the placement of the replacement mobile home on said lot, and those written consents must be delivered to the Zoning Administrator; and (3) the replacement mobile home must be situated on the lot.  Moreover, the term “mobile home” shall be defined for the purposes of this provision as set forth in Section 5.18.2 below.

 

Sec. 23-5.18.2 – Definitions.

 

Mobile home means a factory assembled structure or structures transportable in one (1) or more sections, with or without a permanent foundation, and includes the plumbing, heating, air conditioning, and electrical systems contained therein. Moreover, the term shall further mean a movable or portable dwelling built on a permanent chassis which may or may not be titled through and/or with a state agency, division, department, and/or unit designed without a permanent foundation for year-round living. It may consist of one (1) or more units that can be telescoped when towed and expanded later for additional capacity, or of two (2) or more units, separately towable but designed to be joined into one (1) integral unit bearing the permanently affixed seal of the United States Department of Housing and Urban Development. Furthermore, the term mobile home includes a trailer, house trailer, manufactured home, and residential mobile home. However, the term mobile home does not include modular home.

 

Manufactured home means a mobile home or residential mobile home.

 

Modular home means a sectional prefabricated building or house that consists of multiple sections called modules, and that are required to be built in accordance with International Residential Code (“IRC”) standards.

 

Residential mobile home is defined as a manufactured home designed to be used as a dwelling and may include a mobile home or a residential mobile home that has been declared to be a part of the realty as provided in La.R.S. 9:1149.4.

 

Trailer and/or house trailer means any vehicle covered or uncovered used for living, sleeping, business, or storage purposes and which has no foundation other than wheels, blocks, skids, jacks, or skirtings and which is, has been, or reasonably may be equipped with wheels and axles or other devices for transporting the vehicle from place to place. The term shall include camp car, camper, and house car.

 

Sec. 23-5.18.3 – Maximum age standards; inspection and fee for a used mobile home

 

No mobile home that was manufactured in a year more than (15) fifteen years prior to the year in which the mobile home is to be situated within the City of Breaux Bridge shall be permitted within the City of Breaux Bridge for any reason whatsoever.

 

No mobile home manufactured in a year prior to the year in which the mobile home is to be situated within the City of Breaux Bridge, shall be permitted within the City of Breaux Bridge unless and until said mobile home is inspected by the City Building Inspector and the City Building Inspector issues a certificate of compliance that the mobile home meets all applicable compliance and building codes regulations.  Upon issuance of such certificate of compliance, the mobile home may be delivered to a properly zoned lot within the city limits of Breaux Bridge.

 

Inspection fees are based on travel distances and are determined by the City Building Inspector. The inspection fee will be a minimum of fifty ($50) dollars and a maximum of one hundred and fifty ($150) dollars that shall be paid prior to inspection.

 

Sec. 23-5.18.5 – Installation standards.

Prior to the installation of any mobile home within the corporate limits of the City of Breaux Bridge, the owner or prospective occupant of the mobile home shall apply for a Certificate of Zoning Compliance from the Zoning Administrator, satisfy all requirements for a Certificate of Zoning Compliance, and receive a Certificate of Zoning Compliance, which requires the hereunder listed conditions be met. A Certificate of Zoning Compliance shall be required prior to connection with utilities provided by the City or any franchise utility company.

  1. The Mobile Home Installation Permit fee shall be paid in full.
  2. The mobile home has been inspected by the City Building Inspector and the City Building Inspector has issued a certificate of compliance that the mobile home meets all applicable compliance and building codes regulations, including all electrical, plumbing and mechanical standards and regulations.
  3. The mobile home has been inspected by a representative of the City who confirms that all of the following requirements are met:
  4. All mobile homes shall be installed in compliance with the set back ordinances of the City of Breaux Bridge.
  5. There shall be a minimum of five (5) feet setback for each property line for carports, porches, decks, and/or steps to include the required landing. For this purpose no object affixed on or located by the mobile home may be located within the said five (5) foot setback.
  6. The piping, equipment, or appurtenances of any mobile home which utilizes the City’s sewer system shall be tied directly into the system. The connection of the piping, equipment, or appurtenances of a mobile home, for the obtaining of sewerage service, to the piping, equipment, or appurtenances which provide such service to any other mobile home, permanent building, or structure is expressly prohibited. This Subsection will not be applicable to any mobile home park where the piping, equipment, or appurtenances of the mobile homes are tied into a connection line which connects directly to the City’s sewer system.
  7. All mobile homes must be provided with manufacturer approved, vented skirting from the bottom of the mobile home floor to the ground including, but not limited to brick, brick veneer, and treated lumber. The area enclosed by the skirting may not be used for storage and must be kept free of debris at all times.
  8. All entrances shall have permanent steps of precast concrete, properly laid and/or cemented bricks or treated lumber. The entrance to an attached deck or similar extension to a mobile home shall be considered as an entrance thereto.
  9. No addition to a mobile home may be used for structural support.
  10. The lot or parcel of ground upon which a mobile home is situated shall provide a parking area for no less than two (2) vehicles.
  11. All mobile homes installed in a special flood hazard area must comply with all federal, state, and local requirements pertaining to the National Flood Insurance Program, regardless of whether flood insurance is purchased. As regards base flood elevation, the lowest floor shall mean the bottom of the longitudinal structure I-beam in “A” and “AE” zones, and the lowest level shall be at or above the base flood elevation.

UPON MOTION of Howard Alexander duly seconded by Ernest Ledet, and upon verification and assurance that the foregoing ordinance was:

  1. Introduced on November 14, 2017 at the regular meeting of the Mayor and Board of Alderman for the City of Breaux Bridge, Louisiana;
  2. Disseminated to the Mayor and all Aldermen;
  3. Published, by title, in the official journal of the City of Breaux Bridge, Louisiana, together with the notice of the time and place of its consideration for formal adoption; and
  4. Presented at a public hearing held on the 12th day of December, 2017,

The Board of Aldermen, on the 12th day of December, 2017, adopted Ordinance Number 2241 by virtue of the following votes:

YEAS:            Brenda Castille Hobbs, Howard Alexander, Ernest Ledet and Glenn Michael Angelle

NAYS: None

ABSENT: Gary Champagne

ABSENTIONS: None

 

ATTEST:                                                                               APPROVED:

______________________                                                    ________________________

PATTIE B. DUPUIS,                                                                         RICKY CALAIS,

CITY CLERK                                                                                    MAYOR

 

_December 13, 2017_____                                                     _December 13, 2017_______

DATE                                                                                     DATE

 

 

Upon motion of Brenda Castille Hobbs duly seconded by Howard Alexander and unanimously carried, the Board of Aldermen adopted Resolution Number 2017-201, to remove residency requirements for serving on the Civil Service Board.

 

 

Civil service law requires that the fire and police civil service board members must a resident of the area for which fire and police protection is provided for at least five years next preceding their appointment.  And, at the time of their appointment, shall be a qualified voter of the area.

 

Your governing authority may wish to consider passing this resolution to provide that the fire and police department civil service board members shall not be required to be a resident of the parish and shall not be required to a resident or a qualified voter of the area.

 

The city council, however, cannot pass this resolution or any other resolution for the other civil service board members.

 

BREAUX BRIDGE CITY COUNCIL

 

Resolution No. 2017-201

 

Resolution approving the provisions of Louisiana Revised Statute 33:2536.B(1)(c)

 

WHEREAS, R.S. 33:2536.B(1)(a) provides that Ato be eligible for appointment or to serve as a member of a board, a person shall be a citizen of the United States of America, a resident of the area for which fire or police protection is provided for at least five years next preceding his appointment, and, at the time of his appointment, shall be a qualified voter of the municipality.@

 

WHEREAS, R.S. 33:2536(B)(1)(c) provides that ANotwithstanding the provisions of Subparagraphs (a) and (b) of this Paragraph, the two members elected by and from the fire and the police departments as provided in Paragraph (C)(3) of this Section shall not be required to be residents or qualified voters of the area in which they are appointed to serve or residents of the parish in which the area is located provided that such exceptions are approved by resolution of the local governing authority.@

 

NOW, THEREFORE, BE IT RESOLVED by the Breaux Bridge City Council, at a meeting duly convened, that the fire and police department members of the City of Breaux Bridge Municipal Fire and Police Civil Service Board shall not be required to be a resident of St. Martin Parish and shall not be required to be a resident or a qualified voter of the area in which they are appointed to serve.

 

MOVED FOR ADOPTION BY Brenda Castille Hobbs

SECONDED BY Howard Alexander

 

WHEREUPON THIS RESOLUTION WAS SUBMITTED TO A VOTE AND RESULTED IN THE FOLLOWING:

 

YEAS: Brenda Castille Hobbs, Howard Alexander, Ernest Ledet and Glenn Michael Angelle

NAYS: None

ABSTAIN: None

ABSENT: Gary Champagne

 

PASSED AND ADOPTED ON THIS 14th  DAY OF December, 2017,  IN Breaux Bridge, LOUISIANA.

 

_______________________________ City Clerk         _________________________Mayor

 

 

Upon motion of  Glenn Michael Angelle duly seconded by Brenda Castille Hobbs and unanimously carried, the Board of Aldermen adopted Ordinance 2235 (An Ordinance to amend Chapter 23 of the Code of Ordinances by the repeal, amendment, revision, enactment, and/or re-enactment of Sections 23-3.1,23-4.19, 23-4.20, 23-4.26, 23-5.7, 23-5.8, 23-5.9, 23-5.10, 23-10a, 23-5.16 through 23-5.16.8, 23-10.1, 23-10.3 and 23-11.1 regarding zoning regulations.) as submitted in the most recent copy by Mr. Hebert.  The adoption includes the following changes as discussed.

 

Discussion on the amendments to the Ordinance Number 2235:

 

Section 23-5,16,1 Paragraph under Purpose – remove sentence that reads “Vehicular auto and truck travel service infrastructure with easy access and high visibility are priority land use improvements.

 

Page 5-Under Gateway Improvements – recommended exterior

Top of page 6 it states “it is required.”

Changes states it is recommended.

 

Section 23-5.16.4 Prohibited uses

Changes-added to the end of that paragraph is “Eighteen Wheeler truck travel services infrastructure, truck stops, truck washes and truck stops casinos” as in prohibited uses.

 

 

 

ORDINANCE NUMBER ____2235__

An ordinance to amend Chapter 23 of the Code of Ordinances by the repeal, amendment, revision, enactment, and/or re-enactment of Sections 23-3.1, 23-4.19, 23-4.20, 23-4.26, 23-5.7, 23-5.8, 23-5.9, 23-5.10, 23-5.10a, 23-5.16 through 23-5.16.8, 23-10.1, 23-10.3 and 23-11.1 regarding zoning regulations.

BE IT ORDAINED by the Mayor and Board of Alderman for the City of Breaux Bridge, Louisiana duly convened in regular session on the 12th  day of December 2017, that:

The Code of Ordinances for the City of Breaux Bridge, Louisiana be amended by the repeal, amendment, revision, enactment, and/or re-enactment of Sections 23-3.1, 23-4.19, 23-4.20, 23-4.26, 23-5.7, 23-5.8, 23-5.9, 23-5.10, 23-5.10a, 23-5.16 through 23-5.16.8, 23-10.1, 23-10.3 and 23-11.1 as follows:

Sec. 23-3.1. – Districts.

For the purpose of promoting the public health, safety, and general welfare of the community, all the land area within the incorporated limits of the City of Breaux Bridge is hereby divided into districts, as shown on the official Zoning Map which, together with all explanatory material thereon is hereby adopted by reference and declared to be a part of this ordinance. The various Zoning Districts of the City of Breaux Bridge, Louisiana are as follows:

R-l SINGLE FAMILY RESIDENTIAL

R-2 SINGLE FAMILY RESIDENTIAL

R-3 SINGLE FAMILY RESIDENTIAL

R-4 MOBILE HOME RESIDENTIAL

R-5 MULTIPLE FAMILY RESIDENTIAL

R-6 RETIREMENT AND ASSISTED LIVING DISTRICT

C-l NEIGHBORHOOD BUSINESS DISTRICT

C-2 HIGHWAY COMMERCIAL

C-3 CENTRAL BUSINESS

C-4 SPECIAL RETAIL BUSINESS

C-5 INTERSTATE 10 COMMERCIAL CORRIDOR AND GATEWAY DISTRICT

I-I LIGHT INDUSTRIAL

I-2 HEAVY INDUSTRIAL

Sec. 23-4.19. – Covered but Un-enclosed Areas.

Setback requirements shall be measured from the rainfall roof drip-line (or eaves) of the principal buildings, accessory buildings, garages and covered, but unenclosed structures (e.g. porches, carports, patios, verandas, galleries, covered outdoor kitchens, gazebos, porte cochere, belvederes, sheds, pool cabanas, windows and door awnings) which shall not be closer than five (5) feet to any side or rear property line of a recognized and approved buildable lot of record.

Sec. 23-4.20. – Reserved.

Sec. 23-4.26. – Reserved.

 

Sec. 23-5.7. – R-6, Retirement and Assisted Living District

Permitted Primary uses:  Nursing homes, retirement developments, assisted living facilities, convalescent homes, public parks and churches/religious centers. Permitted secondary uses are qualified only if located adjacent to or within five hundred (500) feet of a Primary Use: fitness centers, wellness centers, rehabilitation centers, recreation centers, medical offices, medical clinics, child care facilities, adult day care facilities and personal services shop, laundromat, and elementary school.  Primary and Secondary uses in this district may not be adjacent to or fronting a Major Roadway identified in the Comprehensive Plan: Transportation – Major Roadways Element.

Minimum lot area: None.

Minimum yards:  Front depth five (5) feet. Front width: none. Side yards, other than for corner lots, there will be no side yard requirements provided the buildings are of fireproof construction.  Otherwise, a five (5) foot minimum side yard is required. Rear yards; there will be no read yard requirements provided the buildings are of fireproof construction, or if the lots are not through lot. Otherwise a five (5) foot minimum rear yard is required.

Sec. 23-5.8. – Reserved.

Sec. 23-5.9. – Reserved.

Sec. 23-5.10. – Reserved.

Sec. 23-5.10.a. – C-1, Neighborhood Business District.

Permitted uses:  Fresh produce farmers market, coffee shop, bicycle shop, health food shop, hobby shop, bakery, small neighborhood grocery, pharmacy, credit union office, hospice office, retail parking, laundromat, mail outlet, bookstore, gift shop, flower shop, and small deli.

Minimum lot area: None.

Minimum yards:  Front depth fifteen (15) feet. Front width none. Side none, provided the buildings are of fireproof construction. Otherwise a five (5) foot minimum side yard is required. Rear, none, provided the buildings are of fireproof construction or are located on non-through lots. Otherwise, a five (5) foot minimum rear yard is required.

Sec. 23-5.16. – C-5, Interstate 10 Commercial Corridor and Gateway District

The Breaux Bridge Comprehensive Plan notes “The Interstate allows resident commuters swift access to both Baton Rouge and Lafayette for work and play.  Since completion, the (Interstate) exit has spawned commerce stretching the entire length of Rees Street (La. Hwy. 328).  For tourists, it allows ease of access to the numerous festivals and events hosted in Breaux Bridge.” Interstate 10 Exit 109 is the main entryway to the City of Breaux Bridge and all of northern St. Martin Parish including the City of St. Martinville, the Bayou Teche corridor and into Iberia Parish. A major roadway congestion issue states: “Weigh scales located on Interstate 10 cause truckers to by-pass the scales by detouring through Breaux Bridge.  The local streets are being damaged by the trucks.

The Comprehensive Plan identifies new service roads along and on both sides of Interstate 10 extending East toward the Town of Henderson and West across the Bayou Teche to a new Interstate Highway Interchange at the St. Martin/Lafayette Parish line (Sawmill Highway) overpass.  Land uses in the Interstate corridor are designated primarily for commercial and business park development with some residential, public open space and park locations. A new roundabout, street scape improvements and a new interstate overpass at Doyle Melancon Road are illustrated in the Future Land Use Plan.  The Plan lists landscaping, improved lighting, vehicular turning movements, signage, accessibility, maximum floor area and site coverage to implement character to this important “gateway” to the community.  Enhancement of the interchange overpass and aesthetics are highly ranked actions in the Comprehensive Plan for this major transportation corridor.

Sec. 23-5.16.1. – Purpose.

The Interstate 10 Commercial Corridor and Gateway District is established to better implement the goals and objectives of the Breaux Bridge Comprehensive Plan by encouraging and regulating land use development for large scale retail and office parks. The district is not intended for small or mid-sized commercial developments found in other commercial districts   and neighborhood businesses.  Government uses (federal, state or local) such as schools, offices, public works, landfills, storage and staging areas, religious services, institutional, utility (sewer, water, electrical facilities and transfer stations) and storage land uses are prohibited. Eighteen-wheeler truck travel service infrastructure, truck stops, truck washers and truck-stop casinos are prohibited land use improvements.

The Interstate 10 Corridor, and particularly the Exit 109 interchange, required “gateway” aesthetics to attract tourists and new commerce to the community.  Service access roads, accessibility, signage, lighting, utility services and large scale development and heavy vehicular traffic with associated noise and air quality issues are endemic to the interstate corridor. Mitigation of negative impacts of heavy traffic, congestion and density land development are priority considerations for this Zoning District.  Restrictions are highlighted for public and private investment, safety and sustainability.  However, flexibility is the criteria for long range growth and this zoning district allows private development “Concept Review Plans” to be submitted for review and conformance with the Comprehensive Plan and the purposes of this District.

Sec. 23-5.16.2. – Definitions.

Binding Conditions:  Property owners and/or developers submitting “Concept Review Plans” within the Zoning District may be approved subject to specific conditions binding on the property owner and/or developer for final plan approval and the issuance of any permits.

Buffers: Specific visual and sound barriers required to separate conflicting land uses within or adjacent to the Zoning District not including fences.

Concept Review Plans: Land development proposals submitted to the Planning Commission for preliminary review and consideration prior to final review and approval.

Gateway Improvements: Specific requirements established for the Interstate Highway Gateway into the City of Breaux Bridge and St. Martin Parish as defined by the Comprehensive Plan Beautification Element and subsequent amendments by the Planning Commission and City of Breaux Bridge.

Landscaping: For purposes of this district, landscaping means lawn, ornamented shrubs, flowers, art work, vegetative planting screens, and trees.

Lighting: All outdoor lighting fixtures, including without limitation, ground pole, and building mounted fixtures and canopy lighting of a design and type containing shields, reflectors, fracture panels or recessed light such that the cutoff angle is 90 degrees or less.  For purposes herein, the cutoff angle is that angle formed by a line drawn from the direction of light rays at the light source and a line perpendicular to the ground from the light source above which no light is permitted.

Regional Retail Services: Identifies commercial retail or services and office parks requiring a minimum lot size of 15,000 sq. ft. with emphasis on hotels, motels, sales of autos, trucks, recreational vehicles, campers, boats, farm equipment, major fueling stations, outlet centers, big box shopping centers, restaurants, business offices and headquarters, sports equipment sales, transportation service facilities, entertainment centers, and distribution or wholesale centers.

Service Access Roads: Public streets and roads providing direct access to properties (parcels, lots and public spaces) within the Interstate 10 Commercial Corridor and Gateway Zoning District.

Signage: A device used to communicate a visual message either fixed or portable.

Sustainability: The organizing guidance of development which includes four interconnected domains of ecology, economics, politics and culture which are capable of being continued with minimal long-term effect on the environment.  For the purposes of this zoning district, all development proposals shall include property owner/developer discretionary mitigation designs to address minimal impacts on the environment through land use, building design and construction, energy use, drainage, air quality, renewable resources, waste disposal, etc.

Community Icon: The City of Breaux Bridge has been designated “The Crawfish Capital of the World” and has adopted the crawfish image in all representations as the icon of the community.

Sec. 23-5.16.3. – Permitted Uses.

For the purposes of this zoning district, permitted uses identified in the definition of Regional Retail Services are permitted (approved by the Zoning Administrator) or those approved through submission and approval of a “Concept Review Plan” by the Planning Commission.  The “Concept Review Plan” may include uses not specifically listed as Regional Retail Services, but are a minor use in a larger context development plan.  For example, all residential land uses are neither encouraged nor specifically permitted in this zoning district, but may be considered as part of a Concept Review Plan proposal.  Similarly, a 7,000 square foot commercial retail land use lot may be considered and approved as part of a Concept Review Plan by the Planning Commission when the minimum desirable and required lot size is 15,000 square feet.

Sec. 23-5.16.4. – Prohibited Uses

For the purposes of this zoning district, prohibited uses include dirt pits (excavation), schools, warehouses, industrial uses, landfills, shipping container storage or sale, religious facilities, government uses (federal, state, and local) public housing, public offices, public works facilities, utilities sewer, water, electrical plants (except service distribution lines and transformer stations), public parks, mobile home sales, agriculture, nursing homes, hospitals, recycling facilities, retail manufacturing, eighteen-wheeler truck travel service infrastructure, truck stops, truck washers and truck-stop casinos.

Sec. 23-5.16.5 – Requirements.

Minimum Lot Area:    15,000 square feet

Maximum Lot Coverage by building and parking:  75%

Minimum Accessibility:  Fifty (50) foot width on a public street or road.

Minimum Building Setback from Interstate 10 Right-of-Way:  100 feet

Buffer Requirement:  Where a development on an approved buildable lot in the Interstate 10 Commercial Corridor and Gateway Zoning District borders any residential zoning district, the developer shall provide a twenty (20) foot wide planted vegetative buffer screen the linear length of the conflicting land uses.  The vegetative buffer screen shall be one of four options:  1) Hedge Bamboo, Bambusa Multiplex (a non-invasive variety with thick foliage), spacing five (5) feet on center, 2) Pineapple Guava, Feijoa Sellowiana, pink and crimson flowers in Spring, spacing four (4) feet on center, 3) Nellie Stevens Holly, red berries in Fall and Winter, spacing ten (10) feet on center and 4) Pink Lorepetalum, Loropetalum chinense, hot pink fringy flowers in Spring and maroon-purple foliage, spacing seven (7) feet on center.

Maximum Building Height:  None

Landscaping: Sustainable native planting material preferred.  Buffer planting screen may be included as part of the non-building and non-parking lot coverage.  Fifteen (15) % of buildable lot must be landscaped with plant material, art work, or landscape furniture.

Parking Requirements: There are no minimum parking spaces required in the Interstate 10 Commercial Corridor and Gateway District.  Service parking spaces planned or proposed for construction shall not be located between the Interstate Highway right-of-way and the principal building(s) placed on a buildable lot.  Where an approved buildable lot does not front on Interstate Highway right-of-way, 80% of parking shall be constructed to the side and rear of the principal buildings.

Exterior Lighting:  Must avoid distracting glare, up-lighting and follow Lighting definition standards for this District.

Signs:  To avoid distracting clutter, all signs proposed, installed, or replaced within the Interstate 10 Commercial Corridor and Gateway Zoning District shall be limited to five hundred square feet in total per buildable lot.  Roof signs shall not be permitted.  No sign shall exceed twenty (20) feet in height. The main supporting structure of all signs shall be set back a minimum of fifteen (15) feet from the designated public access street/road and a minimum of thirty (30) feet from the edge of the Interstate Highway right-of-way.

Gateway Improvements: The Interstate 10 Highway interchange at Exit 109 (La. Hwy. 328/Rees Street) is the primary gateway into the City and Parish and is comprised of public improvements including landscaping, signage, lighting, and the community icon.  Private development within the Interstate 10 Commercial Corridor and Gateway Zoning District are recommended to provide a crawfish themed icon display on the exterior of buildings and/or lots to be approved by the Planning Commission to support the city and parish gateway.  It is the discretion of the property owner/developer to determine style, design, size, and material of the crawfish icon visual for plan approval and development permitting.

Building Exterior Materials:  All exterior building materials visible from Interstate 10 or an access service street/road located within the Interstate 10 Commercial Corridor and Gateway Zoning District shall be made of wood, brick, stone, glass, stucco or very close replications of same (i.e. hardy plank).  Other exterior building materials may be considered and approved only through the Concept Review Plan submittal process.

Minimum Side Yards:  Ten (10) feet.

Minimum Rear Yards:  Ten (10) feet.

Minimum Front Yards:  Twenty (20) feet.

Refuse Collection and Mechanical Equipment Screening:  Refuse collection, mechanical equipment, trash bins, loading areas, roof top equipment and other service function areas shall be screened and out of view from adjacent properties and public rights-of-way.  The screening shall exceed one foot above the height of the object to be screened.  Screening material and design shall be consistent with design treatments of the primary façade of the building.

Utilities:  Public utilities owned and operated by the City of Breaux Bridge, St. Martin Parish or a designated utility service district must be utilized for development of all commercial and office lot developments within this Zoning District.  Utility distribution lines shall be underground to service approved buildable lots and developments.  Utility transmission lines are the purview and responsibility of the City and utility provider.

Community Icon:  For new development approvals and permit, it is recommended that the property owner, business owner or developer to display the community icon visibly from the nearest public street right-of-way.  There are no size requirements, material requirements or design standards for the display of the community icon other than it must be recognizable as a crawfish.

Sec. 23-5.16.6. – Streets and Roadways/Major Roadway Network (MRN).

The Interstate 10 Commercial Corridor and Gateway Zoning District (I-10 CCG) is divided primarily by two major roadways:  Interstate Highway 10 running East and West and La. Hwy. 328/Rees Street running North and South which intersect at Interstate Highway 10 Exit 109.  There are numerous local public access streets/roads, both existing and planned, which do not comprise the Major Roadway Network in the Zoning District.  Those streets/roads that are identified on the Comprehensive Plan Transportation Element – Streets and Roadways, frame both short and long- range development requirements including, but not limited to accessibility to the Interstate Highway and La. Hwy. 328.  Development fronting a designated major street or roadway within the zoning district shall conform to the adopted cross section design by an “Enhanced Setback” which divides difference between existing right-of-way and planned right-of-way in half and applied to the standard district front yard setback (total equals Enhanced Setback) unless an Advanced Arterial Design has been formally adopted.

Where the adopted Streets and Roadways Element of the Comprehensive Plan identifies an alignment for a public street/road not currently built the property owner/developer shall provide an Enhanced Setback. The Enhanced Setback shall include half the roadway cross section design right-of-way when requesting zoning permit approval without conditions or submitting a specific Concept Plan proposal within the District.

Rees Street Enhanced Street Front Public Servitude:  Established beyond the La. Hwy. 328/Rees Street Roadway Right-of-Way, the Rees Street Enhanced Street Front Public Servitude is required to provide ten (10) feet for underground utilities and street trees, nine (9) feet for banquette, and one (1) foot for maintenance as designed and approved by the Breaux Bridge Planning Commission.

Sec. 23-5.16.7. – Concept Plan Submittal Process.

Land use development within this District in conformity with the specific regulations identified shall follow normal review and permitting procedures established in the Comprehensive Zoning Ordinance.  However, there may be circumstances and proposals which desirably deviate stated land use purposes of the district and which property owner/developer seek flexibility in land use zoning requirements for practical reason.  The land owner/developer may submit to the Planning and Zoning Commission a Concept Plan for the proposed property development with detailed explanation on the justification for the modification, adjustment or changes to the specific requirements of the Zoning District.  With proper notification to adjacent land owners, the Planning and Zoning Commission may consider and approve the Concept Plan with stated specific conditions applicable to the submitted Concept Plan only.  Changes or modifications to any current Interstate 10 Commercial Corridor and Gateway Zoning District requirements are not affected by approval of a Concept Plan.

A Concept Plan proposal shall follow requirements normally applied for Board of Zoning Adjustment review.

Sec. 23-5.16.8. – Applied General Zoning Regulations.

Zoning regulations specified in this Section for the Interstate 10 Commercial Corridor and Gateway District shall supersede applied general zoning regulations in the Comprehensive Zoning Ordinance.  All general zoning regulations and procedures not in conflict with the Interstate 10 Commercial Corridor and Gateway Zoning District remain applicable.

Sec. 23-10.1. – Enforcement.

It shall be the duty of the appointed Zoning Administrator to enforce this ordinance. It shall also be the duty of all officers and employees of the City of Breaux Bridge, Louisiana and especially of all members of the Police Department to assist the Zoning Administrator by reporting new construction, alterations, re-locations, repairs or new land uses, or upon seeing violations. Appeal from the decision of the Zoning Administrator may be-made to the Board of Adjustment as provided in Article XI of this ordinance.

Sec. 23-10.3. – Certificate of Zoning Compliance.

No change in the use or occupancy of land or of an existing building shall be made nor shall any new building be used or changed in use until a Certificate of Zoning Compliance shall have been issued by the Zoning Administrator, stating that the proposed use of the building or land complies with the provisions of this ordinance. The issuance of such a certificate shall be in accordance with the following procedures:

  1. Applications for a Certificate of Zoning Compliance shall be made coincident with the application for a Building Permit, but is a separate regulatory review, inspection, and enforcement instrument and process.
  2. Application for a Certificate of Zoning Compliance shall include specified illustrative, text, and supporting documents, as appropriate, to determine compliance with and enforcement of zoning ordinance regulations.
  3. A Certificate of Zoning Compliance application shall be submitted with an application fee reviewed and set each year.
  4. A final Certificate of Zoning Compliance shall be issued by the Zoning Administrator within ten (10) days after the completed work shall have been inspected and approved as compiling with the provisions of this ordinance.
  5. The Zoning Administrator shall maintain electronic records of all Certificate of Zoning Compliance applications, supporting documentation, and actions taken. Copies of such records shall be made available on request at a cost per page set by the Mayor of the City of Breaux Bridge each year.

Sec. 23-11.1. – Selection and Term of Office.

A Board of Zoning Adjustment is hereby created to be composed of five (5) members who shall be the City of Breaux Bridge Board of Aldermen.

UPON MOTION of Glenn Michael Angelle seconded by Brenda Castille Hobbs, and upon verification and assurance that the foregoing ordinance was:

  1. Introduced on August 8, 2017, at the regular meeting of the Mayor and Board of Alderman for the City of Breaux Bridge, Louisiana;
  2. Disseminated to the Mayor and all Aldermen;
  3. Published, by title, in the official journal of the City of Breaux Bridge, Louisiana, together with the notice of the time and place of its consideration for formal adoption; and
  4. Presented at a public hearing held on the 12th day of September, 2017,

 

 

The Board of Aldermen, on the 12th  day of December, 2017, adopted Ordinance Number 2235 by virtue of the following votes:

YEAS:            Brenda Castille Hobbs, Howard Alexander, Ernest Ledet and Glenn Michael Angelle

NAYS: None

ABSENT: Gary Champagne

ABSENTIONS: None

 

ATTEST:                                                                               APPROVED:

______________________                                                    ________________________

PATTIE B. DUPUIS,                                                                         RICKY CALAIS,

CITY CLERK                                                                                    MAYOR

 

__December 13, 2017_                                                           __December 13, 2017__

DATE                                                                                     DATE

 

 

 

 

Upon motion of Ernest Ledet duly seconded by Howard Alexander and unanimously carried, the meeting was adjourned.

 

 

 

______________________________________        ___________________________________

Pattie B Dupuis                                                           Ricky J Calais

City Clerk                                                                    Mayor