February 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, FEBRUARY 14, 2017.

 

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

 

 

Present:  Brenda Castille Hobbs, Howard Alexander, Ernest Ledet, Glenn Michael Angelle and Gary Champagne.

 

Absent:  None

 

Upon motion of Gary Champagne, duly seconded by Howard Alexander and unanimously carried, the Board approved the addition of the following two items to the agenda:

Item #16- Consider authorization by the Mayor and Board of Aldermen to allow James Alleman Towing, LLC  to operate a business which engages in towing and removal or storage of any wrecked, abandoned, disabled, or designated motor vehicles.

Item #17- Introduction of Ordinance #2229 (An Ordinance levying an additional sales and use tax of one percent (1%) in Sales Tax District No. 2 of the City of Breaux Bridge, State of Louisiana; In the manner and for the purposes as set forth under that certain intergovernmental agreement between the City and the District and in accordance with the provision of LA R.S. 47:338.1., and certain other related matters).

 

Upon motion of Ernest Ledet duly seconded by Howard Alexander and unanimously carried the Board of Aldermen approved the minutes of the regular council meeting held on January 10, 2017.

 

Upon motion of Gary Champagne, duly seconded by Glenn Michael Angelle and unanimously carried, the Board of Aldermen moved to open a Public Hearing on Ordinance #2227 (An Ordinance approving and adopting an Amendment to the Master Plan to include the following projects: (1) Reconstruction and overlay of a section of Bear Creek Circle; (2) The extension of utility services provided by the City of Breaux Bridge, including, but not limited to, water and sewer services, to the intersection of Rees Street and Interstate 10 in anticipation of future commercial development, to be funded through the use of tax proceeds generated by the special tax imposed by Sales Tax District No. 1 of the City of Breaux Bridge, State of Louisiana, and providing for other matters in connection therewith).

 

Upon motion of Glenn Michael Angelle, duly seconded by Howard Alexander, unanimously carried, and having no input from the public, the Board of Aldermen moved to close the public hearing on Ordinance #2227.

 

Upon motion of Howard Alexander, duly seconded by Glenn Michael Angelle, and unanimously carried, the Board of Aldermen moved to adopt Ordinance #2227 (An Ordinance approving and adopting an Amendment to the Master Plan to include the following projects: (1) Reconstruction and overlay of a section of Bear Creek Circle; (2) Extension of City sewer and water services to the northeastern quadrant of future commercial development, to be funded through the use of tax proceeds generated by the special tax imposed by Sales Tax District No. 1 of the City of Breaux Bridge, State of Louisiana, and providing for other matters in connection therewith.)

 

 

ORDINANCE NUMBER 2227     

 

An ordinance approving and adopting an Amendment to the Master Plan to include the following projects: (1) Reconstruction and Overlay of Bear Creek Circle; (2) The extension of utility services provided by the City of Breaux Bridge, including, but not limited to, water and sewer services, to the intersection of Rees Street and Interstate 10 in anticipation of future commercial development, to be funded through the use of tax proceeds generated by the special tax imposed by Sales Tax District No. 1 of the City of Breaux Bridge, State of Louisiana, and providing for other matters in connection therewith.

 

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 a special sales tax district within a portion of the municipality for the purpose of levying and collecting a one (1%) per cent sales and use tax;

 

WHEREAS, the said 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, the said 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, by Ordinance Number 2163, the Board of Aldermen for the City of Breaux Bridge created a special sales tax district and designated it as “Sales Tax District No. 1 of the City of Breaux Bridge, State of Louisiana” (“District”);

 

WHEREAS, by 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 of the taxes generated by the District;

 

WHEREAS, on November 11, 2008, by Ordinance Number 2164, the District and/or the City of Breaux Bridge levied and imposed a sales and use tax of one (1%) per cent upon the sale at retail, the use, the lease or rental, the consumption, and the storage for use or consumption of tangible personal property, and on sales of services within the District, commencing on January 1, 2009;

 

WHEREAS, the aforementioned intergovernmental agreement, as well as Ordinance Number 2164, created with the fiscal agent bank of the City of Breaux Bridge a special fund designated as the “Sales Tax District No. 1 Infrastructure Fund”, into which fund there would be deposited and held as sacred funds all proceeds collection by the Parish Sales Tax Collector from the levy of the tax after deducting therefrom the reasonable expenses of the Collector incurred in connection with the collection and enforcement of the collection of the tax, all as more fully set forth in Ordinance Number 2164;

 

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 to include provisions relative to the City of Breaux Bridge, and the expenditure by the municipality of those proceeds generated by the increased sales and use tax within the boundaries of a special sales tax district. La R.S. 47:338.1(D)(2)(b), enacted under Act Number 568, provides that, in the Municipality of Breaux Bridge, the proceeds of any additional sales tax levied within the boundaries of a special taxing district established pursuant to the provisions of La R.S. 47:338.1, shall be expended as follows: (i) Twenty percent (20%) of the proceeds shall be used annually for the repair and maintenance of the municipality’s infrastructure which serves property located within the municipality provided that an Annual Plan for Repair and Maintenance of Municipality Infrastructure is approved by the adoption of an ordinance of the governing authority of the municipality, by a two-thirds vote; (ii)(aa) Eighty percent (80%) of the proceeds shall be 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 Mayor and city engineer for the City of Breaux Bridge prepared a Master Plan for the Construction of Municipal Infrastructure, which was adopted by the governing authority of the City of Breaux Bridge on June 11, 2014 by Ordinance Number 2201;

 

WHEREAS, the Mayor and city engineer for the City of Breaux Bridge have prepared an Amendment to the Master Plan to include the following projects: (1) Reconstruction and Overlay of Bear Creek Circle; (2) The extension of utility services provided by the City of Breaux Bridge, including, but not limited to, water and sewer services, to the intersection of Rees Street and Interstate 10;

 

WHEREAS, in accordance with the dictates of La R.S. 47:338.1(D)(2)(b)(i), an ordinance must be adopted by the City of Breaux Bridge approving the attached Amendment to the Master Plan to include the following projects: (1) Reconstruction and Overlay of Bear Creek Circle; (2) The extension of utility services provided by the City of Breaux Bridge, including, but not limited to, water and sewer services, to the intersection of Rees Street and Interstate 10;

 

BE IT, THEREFORE, ORDAINED by the Board of Aldermen for the City of Breaux Bridge, Louisiana, that the Amendment to the Master Plan to include the following projects: (1) Reconstruction and Overlay of Bear Creek Circle; (2) The extension of utility services provided by the City of Breaux Bridge, including, but not limited to, water and sewer services, to the intersection of Rees Street and Interstate 10;

 

BE IT FURTHER ORDAINED that the estimated costs for each of the projects identified on the attached Amendment to the Master Plan are set forth for informative purposes only. As such, the undertaking of these projects is not dependent upon the actual costs associated therewith. The total amount of the proceeds from the Sales Tax District No. 1 Infrastructure Fund to be used for the projects embraced by the Master Plan for the Construction of Municipal Infrastructure, as amended herein, shall not exceed the total of the sum of eighty (80%) per cent of the sales tax proceeds on deposit in the said fund after expenditures associated with the Master Plan.

 

BE IT FURTHER ORDAINED that the City of Breaux Bridge shall not be obligated to undertake the projects identified on the attached Amendment to the Master Plan in the event that the final costs therefor exceed available funds or that any project associated therewith be determined to be fiscally imprudent.

 

BE IT FURTHER ORDAINED that the Mayor for the City of Breaux Bridge, Louisiana, be and is hereby authorized, directed, and empowered to execute any and all documents which may be necessary to effectuate the above and foregoing edicts.

 

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;

 

BE IT FURTHER ORDAINED by the Board of Aldermen for the City of Breaux Bridge, Louisiana, duly convened in regular session on the 14th day of February, 2017, that this ordinance shall become effective immediately upon 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 January 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 10th day of January, 2017, before the Board of Aldermen, and at a public hearing held on the 14th day of February, 2017, before the Board of Aldermen, the Board of Aldermen adopted Ordinance Number 2227 on the 14th day of February, 2017, by virtue of the following votes:

 

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

 

NAYS:  None

 

ABSTAIN: None
ABSENT: None

 

 

 

AND THIS ORDINANCE is hereby declared adopted as of this 14th day of February, 2017.

 

 

ATTEST:

 

 

_______________________________

PATTIE B. DUPUIS, CITY CLERK

 

_______________________________

DATE

 

 

 

APPROVED:

 

 

_______________________________

RICKY J. CALAIS

 

_______________________________

DATE

 

Upon motion of Howard Alexander, duly seconded by Gary Champagne, and unanimously carried, the Board of Aldermen approved a Resolution and notice of acceptance authorizing and directing the Mayor to execute for and on behalf of the City of Breaux Bridge an Act of Acceptance from Bihm Construction Company Inc. pertaining to the completion of the Utility Relocation I-10 at Rees Street Project and Notice of Acceptance.

 

RESOLUTION OF ACCEPTANCE

A resolution authorizing and directing the Mayor to execute for and on behalf of the City of Breaux Bridge, Louisiana an Act of Acceptance from by Bihm Construction Company Inc., of Opelousas, LA, Contractor, pertaining to the completion of the Utility Relocation I-10 at Rees Street Project for the City of Breaux Bridge, LA.

WHEREAS, Bihm Construction Company Inc., as Contractor, has substantially completed the Utility Relocation I-10 at Rees Street Project for the City of Breaux Bridge, Louisiana, in accordance with the plans and specifications contained in the Contract Documents pertaining thereto; and

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

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

The foregoing resolution was offered by Howard Alexander and seconded by Gary Champagne.

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

 

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

 

NAYS:  None

 

ABSENT:  None

 

AND the resolution was declared adopted on this the 14th day of February, 2017.

 

ATTEST:

 

BY_____________________________

Mayor

 

BY __________________________________
Secretary

 

LIST OF DEFICIENCIES

UTILITY RELOCATION I-10 AT REES STREET

LOUISIANA FOR THE CITY OF BREAUX BRIDGE, LOUISIANA CONTRACTOR: BIBM CONSTRUCTION

(DS&A NO. 4793.03)

FEBRUARY 6, 2017

The following are the remaining items to be addressed as a result of the walk-through conducted on 2/2/2017.

Item Deficiency Engineer’s Estimated Value
1 Dress up site of construction area and grade $750.00
2 Provide as-built drawing for water line location                 , $250.00                        •

 

NOTICE OF ACCEPTANCE

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

Public Notice is hereby given according to law that the undersigned Owner has accepted, as substantially complete, the work done on the Utility Relocation I-10 at Rees Street by Bihm Construction Company. Inc., Contractor, under his contract with the City of Breaux Bridge, Louisiana, dated October 26, 2016, and recorded under Inst. No. 503021 in the Records of the Clerk of Court, Parish of St. Martin, Louisiana;

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

CITY OF BREAUX BRIDGE, LOUISIANA

BY:____________________________________

Ricky J. Calais, Mayor

Date:  14th day of February, 2017.

 

 

 

 

 

Upon motion of Gary Champagne, duly seconded by Howard Alexander, and unanimously carried, the Board of Aldermen approved Chief Cantu’s recommendation to promote Chris Arnaud from Sergeant to Lieutenant.

 

Upon motion of Glenn Michael Angelle, duly seconded by Howard Alexander, and unanimously carried, the Board of Aldermen moved to introduce Ordinance #2228 (An Ordinance creating Sales Tax District No. 2 of the City of Breaux Bridge, State of Louisiana; and providing for other matters in connection therewith) and consider adoption after a Public Hearing to be held on March 14, 2017.

 

Upon motion of Howard Alexander, duly seconded by Glenn Michael Angelle, and unanimously carried, the Board of Aldermen moved to introduce Ordinance #2229 (An Ordinance levying an additional sales and use tax of one percent (1%) in Sales Tax District No. 2 of the City of Breaux Bridge, State of Louisiana; in the manner and for the purposes as set forth under that certain intergovernmental agreement between the City and the District and in accordance with the provisions of LA R.S. 47:338.1., and certain other related matters) and consider adoption after a Public Hearing to be held on  March 14, 2017.

 

Upon motion of Gary Champagne, duly seconded by Glenn Michael Angelle, and unanimously carried, the Board of Aldermen moved to reappoint David Buck and Ashley Courville to the Planning and Zoning Commission.

 

Upon motion of Gary Champagne, duly seconded by Glenn Michael Angelle, and unanimously carried, the Board moved to accept an Act of Dedication of Servitude for Simon Estates Phase III.

 

Upon motion of Gary Champagne, duly seconded by Howard Alexander, and unanimously carried, the Board of Aldermen authorized James Alleman Towing, LLC to operate a business which engages in towing and removal or storage of any wrecked, abandoned, disabled or designated motor vehicles.

 

Upon motion of Glenn Michael Angelle, duly seconded by Howard Alexander, and unanimously carried, the Board of Aldermen moved to proceed on the approved order of condemnation on the property located at 308 Boyer Street in the City of Breaux Bridge.

 

 

Upon motion of Gary Champagne, duly seconded by Glenn Michael Angelle and unanimously carried, the meeting was adjourned.

 

 

________________________________                    ________________________________

                     Pattie Dupuis                                                                  Ricky Calais

                        City Clerk                                                                         Mayor