July 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, JULY 11, 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 Glenn Michael Angelle, duly seconded by Howard Alexander and unanimously carried, the minutes for June 13, 2017 meeting was approved.

May 2017 Sales Tax collected in June 2017 $266,055.97

Upon motion of Glenn Michael Angelle, duly seconded by Howard Alexander and unanimously carried the public hearing on Ordinance #2233 (An ordinance approving and adopting an Amendment to the Master Plan to include the following projects: (1) Improvements to the drainage system along Nona Street; (2)  Improvements to the drainage system along Claude Street, 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,) was opened.

Mayor Calais mentioned the parts that he knew and that Chris would chime in.  He also added that he spoke with Beau about it several times over the last couple of weeks.  It was Mayor’s understanding that about at Henri Derouselle house which is halfway down Nona, the culverts on either side will be removed and upsized.  In addition the drains that we decided on would be acceptable by the property owners but would provide for the best flow into the drains including flow into the sides so that it could accept water as quickly as possible.  Again, the upsize would take place all the way down Nona to Susan and then install a set of culverts along the Johnny Martin property line to connect Nona to Elizabeth Circle.

The City Engineer, Chris added that Atmos Energy submitted their plans to begin their proceeding.

Mr. Oren Spruill mentioned that right now the water in the back has to be brought up through the ditch in the culvert .  Somehow a pipe was put where there is a tree to get it into the culverts and when they did that they broke part of the culvert and put the pipe. We will make sure that Beau knows about it and that it is repaired.  Mr. Spruill expressed that any improvement the city does will help the situation.  Beau stated it should provide considerable improvement over what is there now.

Upon motion of Howard Alexander, duly seconded by Glenn Michael Angelle and unanimously carried, the Board of Aldermen moved to close the public hearing on Ordinance #2233.

Upon motion of Howard Alexander, duly seconded by Glenn Michael Angelle and unanimously carried, the Board of Aldermen moved to adopt Ordinance #2233.

 

ORDINANCE NUMBER 2233_

 

An ordinance approving and adopting an Amendment to the Master Plan to include the following projects: (1) Improvements to the drainage system along Nona Street; (2) Improvements to the drainage system along Claude Street, 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 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 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, 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) Improvements to the drainage system along Nona Street; (2) Improvements to the drainage system along Claude Street, a replica of which is appended to this ordinance;

 

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) Improvements to the drainage system along Nona Street; (2) Improvements to the drainage system along Claude Street;

 

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) Improvements to drainage along Nona Street; (2) Improvements to drainage along Claude Street.

 

BE IT FURTHER ORDAINED that the estimated costs for each of the projects identified on the attached Amendment to the Master Plan is 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 11th day of July, 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 June 13, 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 13th day of June, 2017, before the Board of Aldermen, and at a public hearing held on the 11th day of July, 2017, before the Board of Aldermen, the Board of Aldermen adopted Ordinance Number 2233 on 11th day of July, 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 11th day of July, 2017.

 

ATTEST:                                                                               APPROVED:

 

______________________                                                    ________________________

PATTIE B. DUPUIS,                                                                         RICKY CALAIS,

CITY CLERK                                                                                    MAYOR

 

July 12, 2017                                                                           July 12, 2017_____________

DATE                                                                                     DATE

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Upon motion of Glenn Michael Angelle, duly seconded by Howard Alexander and unanimously carried, the Board of Aldermen introduced Ordinance Number 2234 (An Ordinance to amend Chapter 2, article V, of the Code of Ordinances for the City of Breaux Bridge, Louisiana by repeal, amendment, revision, enactment and/or re-enactment of Sections 2-130 through 2-131, 2-136, 2-138, 2-141, 2-147, 2-151 through 2-153, 2-155 through 2-157, 2-159 and 2-164 through 2-165 relative to employee policies and procedures.

Mayor Ricky Calais commented that Ordinance Number 2234 will be advertised and taken up for adoption at the next council meeting scheduled for August 8, 2017.

Upon motion of Gary Champagne, duly seconded by Howard Alexander and unanimously carried, the Board of Aldermen authorized Mayor Ricky Calais to move forward with advertisement to receive and award bids concerning the Nona Street and Claude Street drainage improvements.

Upon motion of Howard Alexander, duly seconded by Glenn Michael Angelle and unanimously carried, the Board of Aldermen adopted the following resolution of the Systems Survey and Compliance Questionnaire.

 

RESOLUTION

A RESOLUTION CALLING FOR ADOPTION OF THE SYSTEMS SURVEY AND COMPLIANCE QUESTIONNAIRE AS REQUIRED BY THE OFFICE OF THE LEGISLATIVE AUDITOR, STATE OF LOUISIANA.

 

WHEREAS, The Legislative Auditor, State of Louisiana requires a Systems Survey and Compliance Questionnaire, and;

 

WHEREAS, Said questionnaire is to be completed and submitted to the Auditing Firm of Kolder, Champagne, Slaven and Company, LLC and;

 

WHEREAS, Said questionnaire must be adopted by a resolution of the Board of Aldermen,

 

NOW THEREFORE, BE IT RESOLVED, by the Board of Aldermen, of the City of Breaux Bridge, St. Martin Parish, Louisiana duly convened in regular session on this the 11th day of July, that the aforementioned Systems Survey and Compliance Questionnaire is hereby adopted by the City of Breaux Bridge;

 

BE IF FURTHER RESOLVED THAT, said completed questionnaire and this resolution are forwarded to the auditing firm Kolder, Champagne, Slaven and Company, LLC Certified Public Accountants engaged by the City of Breaux Bridge.

 

The foregoing resolution having been submitted to a vote and the vote thereon was as follows:

 

YEAS:  Howard Alexander, Glenn Michael Angelle, Gary Champagne, Brenda Castille                    Hobbs and Ernest “E.J.” Ledet

NAYS:  None

ABSENT:  None

 

And the resolution was adopted this one Thibod aux, Howard Ale Mic 11th day of July 2017, at which meeting a quorum was present.

GIVEN UNDER MY OFFICIAL SIGNATURE and seal of office, this 11th day of July, 2017.

 

____________________

Ricky Calais

Mayor

ATTEST:

_____________________

Pattie Dupuis

City Clerk

 

Upon motion of Glenn Michael Angelle, duly seconded by Howard Alexander and unanimously carried, the Board of Aldermen authorized Mayor Ricky Calais to purchase a backhoe.

Upon motion of Glenn Michael Angelle, duly seconded by Howard Alexander and unanimously carried the Board of Aldermen approved the recommendations of Chief Rollie Cantu to hire Markita Thomas and Tyler J. Brown as Patrolmen.

Upon motion Glenn Michael Angelle, duly seconded by Howard Alexander and unanimously carried, the Board of Aldermen introduced Ordinance Number 2232 (An ordinance to amend Ordinance Number 1049, known as the Comprehensive Zoning Ordinance of the City of Breaux Bride, Louisiana, by the repeal, amendment, revision, enactment and/or re-enactment of Section 13.03, relative to notification of proposed changes in zoning regulations to land owners; by the repeal, amendment revision, enactment and/or re-enactment of Section 3.02, 3.03, and 3.04 relative to identification and amendment of the “Official Zoning Map”; and to reclassify and re-number Ordinance No. 1049 as Chapter 23 of the Code of Ordinances.)

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

 

 

____________________                             ________________________

Pattie Dupuis                                                               Ricky J. Calais

City Clerk                                                                    Mayor