June 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, JUNE 13, 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 Board of Aldermen approved to amend Item #11 and delete Item #16 to the agenda:

 

Amend Item #11 – Consider adopting a Resolution in support of road swap with DOTD to consider adopting a Resolution and Intergovernmental Cooperative Endeavor in support of road swap with DOTD – Mayor Calais

Delete Item #16 –Consider adopting a City of Breaux Bridge Employee Policy and Procedure Manual – Mayor Calais

 

Parish president, Guy Cormier, along with Parish councilwoman Jill Hebert, and Parish Councilman Albert Menard presented the City of Breaux Bridge a check in the amount of $975,000 from bond monies for recreational purposes in the city park.  A presentation was given by Guy Cormier.

 

Upon motion of Howard Alexander, duly seconded by Brenda Castille Hobbs and unanimously carried, the Board of Aldermen approved to add the following item the agenda as item#21:

 

Item #21 – RESOLUTION AUTHORIZING MAYOR RICKY CALAIS TO ENTER INTO AN INTERGOVERNMENTAL AGREEMENT WITH ST. MARTIN PARISH GOVERNMENT REGARDING THE IMPROVEMENTS TO PUBLIC PARKS AND OTHER RECREATIONAL FACILITIES

 

Upon motion of Howard Alexander, duly seconded by Glenn Michael Angelle and unanimously carried, the minutes of May 9, 2017 meeting was approved.

 

Sales tax for the month of April 2017 collected in May 2017 $261,792.68

 

Upon motion of Howard Alexander duly seconded by Brenda Castille Hobbs and unanimously carried, the Board of Aldermen opened the public hearing on Ordinance #2230 (BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE CITY OF BREAUX BRIDGE, LOUISIANA THAT THE MUNICIPAL BUDGET FOR FISCAL YEAR ENDING JUNE 30, 2017 BE AMENDED ACCORDING TO THE TERMS AND FIGURES CONTAINED IN THE ATTACHED EXHIBIT IDENTIFIED AS

“EXHIBIT A”.)

 

Mayor explained how he and J.L. Sonnier worked together to amend the budget to be able to close out for the fiscal year.

 

J.L. Sonnier mentioned how the original budget total for the General Fund, two Sales Tax Funds, Park & Recreation Fund and Utility Fund from net operations was around $2.2 million.  He feels that the city would be at $1.9 million as well as having about $166,000 of insurance reserves that the city won’t need. The original budget versus what actually happens should be $500,000 ahead.

 

Brenda Castille Hobbs asked if the $80,000 for APC/MPO was found, which J.L. and Mayor explained it would be added to the budget for the next fiscal year.

 

Mayor mentioned that the new jet cleaner would be paid out by the end of this month in the amount of $58,000 which should be ½ from Bridge & Street and ½ from Utility.  Mayor said that there were $32,000 of bond money not used and would be transferred to the Utility Fund that could be used to pay at least ½ of the jet cleaner.  J.L. said to leave the funds in Utility with all of the Utility projects that are on the board.

 

Mayor mentioned to the council that they would amend the budget as shown on the first page and to include $58,000 in addition to cover the jet cleaner that the council had authorized Mayor to purchase.

 

Upon motion of Howard Alexander, duly seconded by Glenn Michael Angelle and unanimously carried, the public hearing on Ordinance #2230 was closed.

 

Upon motion of Howard Alexander, duly seconded by Gary Champagne and unanimously carried, the following Ordinance #2230 was adopted as presented with additional $58,000 for the jet cleaner.

 

ORDINANCE 2230

 

BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE CITY OF BREAUX BRIDGE, LOUISIANA THAT THE MUNICIPAL BUDGET FOR FISCAL YEAR ENDING JUNE 30, 2017 BE AMENDED ACCORDING TO THE TERMS AND FIGURES CONTAINED IN THE ATTACHED EXHIBIT IDENTIFIED AS “EXHIBIT A”.

 

BE IT ORDAINED By the Board of Aldermen for the City of Breaux Bridge, Louisiana duly convened in regular session on June  13, 2017 that:

 

The Municipal Budget for Fiscal Year Ending June 30, 2017 be amended according to the terms and figures contained in the attached exhibit identified as “Exhibit A”.

 

BE IT FURTHER ORDAINED By the Board of Aldermen for the City of Breaux Bridge, Louisiana, duly convened in regular session on the 13th day of June that this ordinance shall become effective immediately upon signature of the Mayor.

 

Upon motion of Howard Alexander, seconded by Gary Champagne and upon verification and assurances that the foregoing ordinance was:

 

  1. Introduced on May 9, 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;
  2. 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,
  3. Presented at a public hearing on the 13th day of June.

 

The Board of Aldermen, on June 13, 2017 adopted Ordinance Number 2230 by virtue of the following votes:

 

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

 

Nays: None

 

Absent:  None

 

Attest:

 

______________________________

Pattie Dupuis, City Clerk

 

 

 

_____ _________________________                                               ________June   14 , 2017_______

Ricky Calais, Mayor                                                                                                                   Date

.

Upon motion of Ernest Ledet, duly seconded by Howard Alexander and unanimously carried, the Board of Aldermen opened the public hearing on Ordinance #2231 (BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE CITY OF BREAUX BRIDGE, LOUISIANA THAT THE MUNICIPAL BUDGET FOR FISCAL YEAR ENDING JUNE 30, 2018 BE ADOPTED ACCORDING TO THE TERMS AND FIGURES CONTAINED IN THE ATTACHED EXHIBIT IDENTIFIED AS “ EXHIBIT A”.)

 

Mayor mentioned that $80,000 needed to be included in the new budget to use towards the Rees St. Redesign Project in partnership with MPO/DOTD where they are putting up $320,000 and the City would put up $80,000.  Also, a new vehicle needed to be included in the budget in the amount of $30,000 which ½ would be from Utility Fund and ½ from L&E Fund.

 

Howard Alexander questioned line item #428-Summer Recreation Program Salaries under Park & Recreation if the proposed budget was going to be $56,196.  Mayor said $56,196 is where the city is projected to end the current fiscal year.  The proposed budget to the right is $45,000.  J.L. explained as of April 30th, the city spent about $34,000 on the program and the plan is to spend another $22,000 of salaries.  The total for the year ending June 30th is about $56,000 with plans of spending about $45,000 for the next fiscal year.

 

Howard Alexander asked Mayor if line item 427 – Summer Recreation Program Supplies under Park & Recreation was reduced to $2500. Mayor explained that most of the supplies are bought and shouldn’t have to be bought again and supplies are placed in storage.

 

Brenda Castille Hobbs mentioned that a 2.9% and upward raise would be in the budget for the new fiscal year for the city employees.

 

Upon motion of Howard Alexander, duly seconded by Glenn Michael Angelle and unanimously carried, the public hearing on Ordinance #2231 was closed.

 

Upon motion of Howard Alexander, duly seconded by Glenn Michael Angelle and unanimously carried, the following Ordinance #2231 was adopted as submitted with the adjustment of $80,000 for the Rees St Project and $30,000 for the new vehicle.

 

ORDINANCE 2231

 

 

BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE CITY OF BREAUX BRIDGE, LOUISIANA THAT THE MUNICIPAL BUDGET FOR FISCAL YEAR ENDING JUNE 30, 2018 BE ADOPTED ACCORDING TO THE TERMS AND FIGURES CONTAINED IN THE ATTACHED EXHIBIT IDENTIFIED AS “EXHIBIT A”.

 

 

BE IT ORDAINED by the Board of Aldermen for the City of Breaux Bridge, Louisiana, duly convened in regular session on June 13, 2017, that:

 

The Municipal Budget for Fiscal Year Ending June 30, 2018 be adopted according to the terms and figures contained in the attached exhibit identified as “Exhibit A”.

 

BE IT FURTHER ORDAINED by the Board of Aldermen for the City of Breaux Bridge, Louisiana, duly convened in regular session on the 13th day of June that this ordinance shall become effective immediately upon signature of the Mayor.

 

Upon motion of Glenn Michael Angelle, and unanimously seconded by Howard Alexander, Ernest Ledet, Brenda Castille Hobbs and Gary Champagne and upon verification and assurances that the foregoing ordinance was:

 

  1. Introduced on May 9, 2017 at the regular meeting of the Mayor and Board of Aldermen 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 notice of the time and place of its consideration for formal adoption; and,
  4. Presented at a public hearing on the 13th day of June.

 

The Board of Aldermen, on June 13, 2017 adopted Ordinance Number 2231 by virtue of the following votes:

 

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

 

Nays:  None

 

Absent:                                                                                    None

 

 

Attest:

 

____________________________

Pattie Dupuis, City Clerk

 

 

____________________________                                    ________June 14, 2017__________

Ricky Calais, Mayor                                                    Date

 

 

 

 

 

 

Upon motion of Gary Champagne, duly seconded by Glenn Michael Angelle, and carried, the Resolution naming Teche News as Official Journal for City of Breaux Bridge was adopted.

 

OFFICIAL MUNICIPAL JOURNAL

CERTIFICATE

 

I, Ricky Calais,  do hereby certify that I am the Mayor, of the governing authority

 

of the Municipality of Breaux Bridge, and as such am the custodian of the records of said

 

Municipality; that according to said records, the Teche News, 214 North Main Street,

 

P.O. Box 69, Saint Martinville Louisiana, 70582, (337) 332-3562 and Fax # (337) 394-

 

7511, is the Official Journal of said Municipality having been selected as such on the 13th

 

day of June, 2017, in the manner provided by law, for the period beginning July 1, 2017

 

and ending June 30, 2018; and that this Certificate is made for the purpose of identifying

 

the Official Journal of said Municipality to the Honorable Tom Schedler, Secretary of

 

State, as required by R. S. 43:150 and R. S. 43:174.

 

 

 

__________________________________                                        ____June 13, 2017_

Mayor                                                                             Date

 

 

Upon motion of Glenn Michael Angelle, duly seconded by Howard Alexander and unanimously carried, the Board of Aldermen adopted a resolution granting the authority to Mayor Ricky J. Calais to sign and submit all necessary documents along with adopting certain policies, plans and procedures in connection with the Community Development Block Grant Program for a Sewer System Improvements Project.

 

The following resolution was offered by Glenn Michael Angelle seconded by Howard Alexander and carried:

RESOLUTION

A RESOLUTION ‘GRANTING THE AUTHORITY

TO MAYOR RICKY J. CALAIS TO SIGN AND

SUBMIT ALL NECESSARY DOCUMENTS

ALONG WITH ADOPTING CERTAIN POLICIES, PLANS & PROCEDURES

IN CONNECTION WITH THE

COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM

FOR A SEWER SYSTEM IMPROVEMENTS PROJECT

WHEREAS, the City of Breaux Bridge has been awarded a Fiscal Year 2017 Louisiana Community Development Block Grant in the amount of $705,700.00 for a sewer system improvements project; and

WHEREAS, the federal Community Development Block Grant Program which is administered by the Louisiana Division of Administration, Office of Community Development involves a significant amount of documentation, reporting, along with compliance with other federal regulations, statutes, and procedures; and

WHEREAS, for this Community Development Block Grant Program and any other active or future Community Development Block Grant Programs, the City of Breaux Bridge desires to comply with these requirements, statutes and procedures; and

NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Breaux Bridge that the Honorable Ricky J. Calais, Mayor, is hereby authorized to sign and submit the Contract Agreement with the Louisiana Division of Administration, any amendments or extensions thereof, the environmental review record and all necessary forms, all of the necessary reports, studies, plans, certifications, assurances, contracts, change orders, requests for information and any other documents required in connection with the Fiscal Year 2017 Louisiana Community Development Block Grant Program.

BE IT FURTHER RESOLVED that the following officials and employees are the only persons hereby authorized to sign Request for Payment forms under the Fiscal Year 2017 Louisiana Community Development Block Grant Program and that Tina Green is hereby authorized to witness and certify that the below mentioned officials and employees actually sign the authorized signature card for the Fiscal Year 2017 Louisiana Community Development Block, Grant Program.

RickyJ.Calais Pattie Dupuis Judy Bellard
Rita George

BE IT FURTHER RESOLVED that the Mayor of the City of Breaux Bridge is hereby appointed to coordinate the Section 504 efforts and act as the Accessibility Compliance Officer and perform all necessary tasks as associated with this position and that the Section 504 Policy Statement which includes Complaint Procedures for Section 504 and the Americans with Disabilities Act previously adopted on July 14, 2009 is still in effect for this and any other active Community Development Block Grant Program and shall remain in effect for future Community Development Block Grant Programs until amended by the City Council.

BE IT FURTHER RESOLVED that the Mayor of the City of Breaux Bridge is hereby appointed to serve as the Language Access Coordinator and the attached Language Access Plan For Limited English Proficiency Persons is hereby adopted for this and any other active Community Development Block Grant Program and shall remain in effect for future Community Development Block Grant Programs until amended by the City Council.

BE IT FURTHER RESOLVED that the Mayor of the City of Breaux Bridge is hereby appointed as the Antidisplacement/Relocation Officer and that the attached updated Residential Antidisplacement and Relocation Assistance Plan is hereby adopted for this and any other active Community Development Block Grant Program and shall remain in effect for future Community Development Block Grant Programs until amended by the City Council.

BE IT FURTHER RESOLVED that the “Procurement Procedures Relative to the Community Development Block Grant Program” are to be followed by any employee responsible for procurement of services, supplies, equipment or construction obtained with Community Development Block Grant Program funds and that the attached updated “Procurement Procedures Relative to the Community Development Block Grant Program” is hereby adopted for this and any other active Community Development Block Grant Program and shall remain in effect for future Community Development Block Grant Programs until amended by the City Council.

BE IT FURTHER RESOLVED that the attached updated Citizen’s Participation Plan is hereby adopted for this and any other active Community Development Block Grant Program and shall remain in effect for future Community Development Block Grant Programs until amended by the City Council.

THEREUPON, the above resolution was duly adopted

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

CERTIFICATE

I, Pattie Dupuis, City Clerk of the City of Breaux Bridge, do hereby certify that the above is a true and correct copy of the Resolution adopted by the City Council, on June 13, 2017, at which meeting a quorum was present.

__________________________________
PATTIE DUPUIS

CITY CLERK

CITY OF BREAUX BRIDGE

 

Upon motion of Brenda Castille Hobbs, duly seconded by Howard Alexander and unanimously carried, the Board of Aldermen adopted the following resolution:

 

Resolution

 

WHEREAS, The City of Breaux Bridge City Council agrees to accept ownership of whatever rights the State of Louisiana, through the Department of Transportation and Development (“DOTD” or “Department”), may own, with the exception of any and all mineral rights, in and to the following described property and agrees to accept all future rights, obligations and liabilities, including, but not limited to, all future operation, maintenance, and repairs associated therewith, for its operation and maintenance as a parish road or city/town street, subject to the conditions stated herein below:

 

Segment 1 – State route LA 336-1 (known as West Bridge Street) in its entirety from its intersection with state route LA 31 (known as Berard Street) proceeding southwest approximately 0.19 mile to its intersection with local road known as Railroad Street.

 

Segment 2 – The western portion of state route LA 336-2 (known as Refinery Street) from its intersection with state route LA 31 (known as Berard Street) proceeding northeast approximately 0.13 mile to the southwest end of the Bayou Teche Bridge.

 

Segment 3 – The eastern portion of state route LA 336-2 (known as Refinery Street) from its intersection with state route LA 328 (known as Rees Street) proceeding southwest approximately 0.23 mile to the northeast end of the Bayou Teche Bridge.

 

If brought into the state system, then upon satisfaction of Condition III herein below, the portion of local road known as Dorset Street from its intersection with state route LA 31 (known as Berard Street) proceeding southwest approximately 250 feet to a point approximately 150 feet northeast of its junction with local road known as Marie Street.

 

If brought into the state system, then upon satisfaction of Condition IV herein below, local road known as Armentine Cove in its entirety from its intersection with state route LA 328 (known as Rees Street) proceeding southwest approximately 0.35 mile to its terminus as a cul-de-sac.

 

The City of Breaux Bridge City Council agrees to accept ownership of whatever rights the Department may own in and to the aforesaid described property at the proper time and under the conditions specified herein below:

 

CONDITION I:

 

Segment 1 – Provide repairs to include mill, patch and overlay for state route LA 336-1 (known as West Bridge Street) in its entirety to be transferred to the City of Breaux Bridge.

 

Segment 2 – The portion of LA 336-2 (known as Refinery Street) southwest of the Bayou Teche Bridge will be transferred to the City of Breaux Bridge in its current condition.

 

Segment 3 – The portion of LA 336-2 (known as Refinery Street) northeast of the Bayou Teche Bridge will be transferred to the City of Breaux Bridge in its current condition.

 

CONDITION II:  Provide a total of $262,925 in road transfer credit for the portions of state routes LA 336-1 and LA 336-2 to be transferred to the City of Breaux Bridge to be applied to the improvements in Conditions III and IV with any remaining balance of the road transfer credit being applied, at DOTD’s sole discretion, towards the City’s share of funding under a program of the Department affecting the City.

 

CONDITION III:  At DOTD’s sole discretion, DOTD may either 1) provide funds in the amount of ONE HUNDRED TWENTY-FIVE THOUSAND AND 00/100 DOLLARS ($125,000) to the City of Breaux Bridge to be used for purposes authorized under Article VII, Section 27 of the Louisiana Constitution; or 2) take into the state highway system and provide improvements to local road Dorset Street from its intersection with state route LA 31 (known as Berard Street) proceeding southwest approximately 250 feet to a point approximately 150 feet northeast of its junction with local road known as Marie Street as mutually agreed to by the Department and the City of Breaux Bridge, not to exceed the road transfer credit provided in Condition II herein above.  The City of Breaux Bridge shall be responsible for any and all utility relocations.

 

CONDITION IV:  At DOTD’s sole discretion, DOTD may either 1) provide funds in the amount of ONE HUNDRED THIRTY-SEVEN THOUSAND NINE HUNDRED TWENTY-FIVE AND 00/100 DOLLARS ($137,925) to the City of Breaux Bridge to be used for purposes authorized under Article VII, Section 27 of the Louisiana Constitution; or 2) take into the state highway system and provide improvements to local road Armentine Cove in its entirety from its intersection with state route LA 328 (known as Rees Street) proceeding southwest to its terminus as a cul-de-sac as mutually agreed to by the Department and the City of Breaux Bridge, not to exceed the remaining balance of road transfer credit provided in Condition II unused by the performance of Condition III herein above. The City of Breaux Bridge shall be responsible for any and all utility relocations.

 

BE IT RESOLVED, That the City of Breaux Bridge City Council shall accept ownership of whatever rights the Department may own in and to the aforesaid described property as a binding agreement between the Department and the City of Breaux Bridge City Council, provided the Department shall comply with the relevant condition(s) stated herein.  Portions of the aforesaid described property may be transferred to the City of Breaux Bridge City Council in its current condition prior to satisfaction of the relevant condition(s) stated herein, if mutually agreed in writing to be in the best interest of the parties.  Such transfer shall not relieve DOTD of responsibility to comply with the relevant condition(s) stated herein above.

 

BE IT FURTHER RESOLVED, That the City of Breaux Bridge City Council authorizes the presiding Mayor of the City of Breaux Bridge to execute a Cooperative Endeavor Agreement between the Department and the City of Breaux Bridge City Council, and any amendments or necessary modifications thereto, memorializing the agreement between the parties relative to the above stated property transfers.

 

BE IT FURTHER RESOLVED, That the City of Breaux Bridge City Council authorizes the presiding Mayor of the City of Breaux Bridge to execute any and all documents necessary to effect the transfer of the aforesaid described property at the proper time.

 

BE IT FURTHER RESOLVED, That the City of Breaux Bridge City Council hereby represents that it has received approval from a majority of the state legislative delegation from St. Martin Parish of the actions contemplated herein.

 

 

On motion by Brenda Castille Hobbs and seconded by Howard Alexander, the above and foregoing resolution was declared duly adopted on this, the 13th day of June, 2017.

 

 

 

 

                                                                                                                                              _

Ricky Calais, Mayor                                                   Pattie Dupuis, City Clerk

City of Breaux Bridge                                                            City of Breaux Bridge City Council

 

 

 

———————————————————————————————————————

 

 

I hereby certify that the above and aforementioned resolution was adopted by the City of Breaux Bridge City Council in regular session convened on June 13, 2017 at which a quorum was present, given under my signature and seal of office this  13th  day of June, 2017.

 

                                                         _

Pattie Dupuis, City Clerk

 

 

 

INTERGOVERNMENTAL COOPERATIVE ENDEAVOR AGREEMENT

between the

STATE OF LOUISIANA

through the

DEPARTMENT OF TRANSPORTATION AND DEVELOPMENT

and

CITY OF BREAUX BRIDGE

Routes LA 336-1 and LA 336-2

 

This COOPERATIVE ENDEAVOR AGREEMENT (“Agreement”), is made and entered into this 13th day of June, 2017, in duplicate originals, by and between the State of Louisiana, through the Department of Transportation and Development (“DOTD” or “Department”), represented herein by its Secretary, and the City of Breaux Bridge (sometimes referred to hereinafter as “Entity”), a political subdivision of the State of Louisiana, represented herein by its Mayor, for the public purposes hereinafter declared.

 

WITNESSETH:

 

WHEREAS, Article VII, Section 14(C) of the Constitution of the State of Louisiana provides that, “[f]or a public purpose, the state and its political subdivisions or political corporations may engage in cooperative endeavors with each other, with the United States or its agencies, or with any public or private association, corporation, or individual;” and

 

WHEREAS, the actions and agreements provided for herein promote greater efficiency in the performance of DOTD’s mandated functions, as set forth in La. R.S. 48:21 et seq., and La. R.S. 48:191 – 193, in particular; and

 

WHEREAS, in an effort to reduce the size of the state highway system, rectify inequities in the distribution of state highway miles among parishes, and empower local governments through the “right-sizing” of the state highway system and in further compliance with La. R.S. 48:191; and

 

            WHEREAS, the City of Breaux Bridge wishes to cooperate with DOTD in its aforesaid effort and to participate in DOTD’s voluntary road transfer program, under the terms and conditions as set forth herein below; and

 

WHEREAS, the Entity and its Mayor, by resolving to and entering into this Agreement, hereby request the proposed transfer of the ownership, operation, and maintenance of certain property, as set forth herein below, and pursuant to the Resolution Number 2017 authorizing the Entity to enter into this Agreement with DOTD for the transfer of said property, a copy of which is attached hereto and made a part hereof by reference as Exhibit “A”, which Resolution evidences the Entity’s willingness to accept same as a binding agreement pursuant to La. R.S. 48:224.1; and

 

WHEREAS, by entering into this Agreement, the Secretary accepts the provisions of Resolution Number 2017 in accordance with La. R.S. 48:224.1; and

 

WHEREAS, as part of said transfer, DOTD desires to relinquish ownership of whatever rights it has, with the exception of any and all mineral rights, in and to certain property, as set forth herein below, in favor of Entity; and

 

WHEREAS, upon satisfaction of Condition ­III herein below, DOTD further desires to relinquish ownership of whatever rights it has in and to the property consisting of the portion of local road known as Dorset Street from its intersection with state route LA 31 (known as Berard Street) proceeding southwest approximately 250 feet to a point approximately 150 feet northeast of its junction with local road known as Marie Street, in favor of Entity; and

 

WHEREAS, upon satisfaction of Condition ­IV herein below, DOTD further desires to relinquish ownership of whatever rights it has in and to the property consisting of the local road known as Armentine Cove in its entirety from its intersection with state route LA 328 (known as Rees Street) proceeding southwest approximately 0.35 mile to its terminus as a cul-de-sac, in favor of Entity; and

 

WHEREAS, DOTD has determined that the conditions and requirements for the proposed road transfer are acceptable, that there is equity in the obligations exchanged, that DOTD is receiving an equivalent value in exchange for the proposed road transfer, and that the mission of DOTD and the interests of the citizens of the State of Louisiana are best served by the exchange of rights and obligations contained herein.

 

NOW, THEREFORE, in consideration of the mutual covenants contained herein, the parties hereto agree as follows:

 

 

 

 

 

ARTICLE I

PURPOSE

 

1.1       The Recitals set forth above are hereby incorporated herein and expressly made a part of this Agreement.

 

1.2       DOTD agrees that it shall relinquish ownership of whatever rights it has, with the exception of any and all mineral rights, in and to the following described property (hereinafter, “Property”) and all future liabilities, including, but not limited to, all future operation, maintenance, and repairs, associated therewith to the Entity, and the Entity agrees that it shall accept same:

 

Segment 1 – State route LA 336-1 (known as West Bridge Street) in its entirety from its intersection with state route LA 31 (known as Berard Street) proceeding southwest approximately 0.19 mile to its intersection with local road known as Railroad Street.

 

Segment 2 – The western portion of state route LA 336-2 (known as Refinery Street) from its intersection with state route LA 31 (known as Berard Street) proceeding northeast approximately 0.13 mile to the southwest end of the Bayou Teche Bridge.

 

Segment 3 – The eastern portion of state route LA 336-2 (known as Refinery Street) from its intersection with state route LA 328 (known as Rees Street) proceeding southwest approximately 0.23 mile to the northeast end of the Bayou Teche Bridge.

 

1.3       DOTD agrees that it shall relinquish ownership of whatever rights it has acquired, or may acquire as a consequence of the performance of its obligations pursuant to this Agreement, in and to the following described property (hereinafter, “the Property”) and all future liabilities, including, but not limited to, all future operation, maintenance, and repairs, associated therewith to the Entity, and the Entity agrees that it shall accept same:

 

Segment 4 – The portion of local road known as Dorset Street from its intersection with state route LA 31 (known as Berard Street) proceeding southwest approximately 250 feet to a point approximately 150 feet northeast of its junction with local road known as Marie Street.

 

Segment 5 – The local road known as Armentine Cove in its entirety from its intersection with state route LA 328 (known as Rees Street) proceeding southwest approximately 0.35 mile to its terminus as a cul-de-sac.

 

 

 

ARTICLE II

RESPONSIBILITIES OF THE PARTIES

 

2.1       Responsibilities of DOTD

 

2.1.1    DOTD hereby agrees, at the proper time and under the conditions specified herein, to transfer ownership of each of the above described segments of the Property by executing for each an Act of Transfer and Acceptance transferring the Property; and DOTD shall record each of the said Acts of Transfer and Acceptance in the conveyance records for the Parish of St. Martin, State of Louisiana, and shall provide Entity with a certified copy of same, and no additional monitoring of the Property by DOTD will be performed due to the Property’s future maintenance as a City Street.

 

2.1.2    DOTD hereby agrees to the following conditions:

 

CONDITION I:

 

Segment 1 – Provide repairs to include mill, patch and overlay for state route LA 336-1 (known as West Bridge Street) in its entirety to be transferred to the City of Breaux Bridge.

 

Segment 2 – The portion of LA 336-2 (known as Refinery Street) southwest of the Bayou Teche Bridge will be transferred to the City of Breaux Bridge in its current condition.

 

Segment 3 – The portion of LA 336-2 (known as Refinery Street) northeast of the Bayou Teche Bridge will be transferred to the City of Breaux Bridge in its current condition.

 

CONDITION II:  Provide a total of $262,925 in road transfer credit for the portions of state routes LA 336-1 and LA 336-2 to be transferred to the City of Breaux Bridge to be applied to the improvements in Conditions III and IV with any remaining balance of the road transfer credit being applied, at DOTD’s sole discretion, towards the City’s share of funding under a program of the Department affecting the City.

 

CONDITION III:  At DOTD’s sole discretion, DOTD may either 1) provide funds in the amount of ONE HUNDRED TWENTY-FIVE THOUSAND AND 00/100 DOLLARS ($125,000) to the City of Breaux Bridge to be used for purposes authorized under Article VII, Section 27 of the Louisiana Constitution; or 2) take into the state highway system and provide improvements to local road Dorset Street from its intersection with state route LA 31 (known as Berard Street) proceeding southwest approximately 250 feet to a point approximately 150 feet northeast of its junction with local road known as Marie Street as mutually agreed to by the Department and the City of Breaux Bridge, not to exceed the road transfer credit provided in Condition II herein above.  The City of Breaux Bridge shall be responsible for any and all utility relocations.

 

CONDITION IV:  At DOTD’s sole discretion, DOTD may either 1) provide funds in the amount of ONE HUNDRED THIRTY-SEVEN THOUSAND NINE HUNDRED TWENTY-FIVE AND 00/100 DOLLARS ($137,925) to the City of Breaux Bridge to be used for purposes authorized under Article VII, Section 27 of the Louisiana Constitution; or 2) take into the state highway system and provide improvements to local road Armentine Cove in its entirety from its intersection with state route LA 328 (known as Rees Street) proceeding southwest to its terminus as a cul-de-sac as mutually agreed to by the Department and the City of Breaux Bridge, not to exceed the remaining balance of road transfer credit provided in Condition II unused by the performance of Condition III herein above. The City of Breaux Bridge shall be responsible for any and all utility relocations.

 

2.2       Responsibilities of Entity

 

2.2.1    Entity hereby agrees to provide notification to public utilities and other holders of recorded right-of-way agreements or permits affected by the transfers contemplated herein.

 

2.2.2    Entity represents that it has notified each member of the state legislature in whose district the Property is located; and by execution of this Agreement, Entity further represents it has received approval from a majority of the state legislative delegation from St. Martin Parish to participate in the road transfers contemplated herein.

 

2.2.3    Upon issuance of each Final Acceptance of the construction projects relative to the satisfaction of the conditions set forth herein above, Entity will execute documents necessary to effectuate the transfer of the ownership of each portion of roadway to be transferred pursuant to this Agreement, and shall accept all future liabilities, including, but not limited to, all future operation, maintenance, and repairs, associated with the ownership, operation and maintenance of the Property described herein above as a City Street.

 

2.2.4    Entity hereby agrees that, in the event Entity fails to execute any transfer and acceptance provided for or contemplated by this agreement regarding any portion of roadway owned by Entity prior to the term of this Agreement that is taken into the state highway system pursuant to this Agreement, said portion of roadway shall revert back to Entity in full ownership and as part of Entity’s system of roads upon completion and Final Acceptance of any work of repair or improvement contained in any Condition herein above relative to said portion of roadway.

 

ARTICLE III

TERM

 

This Agreement shall commence on the date first written above and shall remain in effect

until all obligations contained herein have been performed or until June 13, 2027, which is 10 years following the date of execution of the Agreement, whichever occurs first.

 

 

ARTICLE IV

TERMINATION

 

The DOTD or the Entity may terminate this Agreement for cause based upon the failure of the other party to comply with the terms and conditions of the Agreement, provided that the party wishing to terminate shall give the other party written notice specifying the other party’s failure.  If within thirty (30) days after receipt of such notice, the other party shall not have either corrected such failure or thereafter proceeded diligently to complete such correction, then the party wishing to terminate the Agreement may, at its option, place the other party in default, and the Agreement shall terminate on the date specified in such notice.

 

ARTICLE V

OWNERSHIP OF DOCUMENTS

 

All records, reports, documents and other material delivered or transmitted to the Entity by the DOTD shall remain the property of the DOTD and shall be returned by the Entity to the DOTD, at the Entity’s expense, at termination or expiration of this Agreement.

 

ARTICLE VI

ASSIGNMENTS

 

Neither party may assign any interest in this Agreement by assignment, transfer, or novation, without prior written consent of the other party.

 

ARTICLE VII

AUDITORS

 

It is hereby understood and agreed that the Legislative Auditor of the State of Louisiana and/or the Office of the Governor, Division of Administration, auditors shall have the option of auditing all accounts of the Entity and the DOTD that relate to this Agreement.  The Entity shall be audited in accordance with La. R.S. 24:513.

 


ARTICLE VIII

FISCAL FUNDING AND APPROVAL CONTINGENCIES

The continuation of this Agreement is contingent upon the appropriation of funds to fulfill the requirements of the Agreement by the Legislature.  If the Legislature fails to appropriate sufficient monies to provide for the continuation of the Agreement, or if such appropriation is reduced by veto of the Governor or by any means provided in the appropriations act to prevent the total appropriation for the year from exceeding revenues for that year, or for any other lawful purpose, and the effect of such reduction is to provide insufficient monies for the continuation of the Agreement, the Agreement shall terminate on the date of the beginning of the first fiscal year for which funds are not appropriated.  This Contract and any amendments or modifications thereof shall not be valid until approved, in writing, by the Director of the Office of State Procurement of the Division of Administration.

ARTICLE IX

INDEMNIFICATION

 

The Entity shall indemnify and save harmless DOTD against any and all claims, losses, liabilities, demands, suits, causes of action, damages, and judgments of sums of money growing out of, resulting from, or by reason of any act or omission of the Entity, its agents, servants, independent contractors, or employees while engaged in, about, or in connection with the discharge or performance of the terms of this Agreement.  Such indemnification shall include the DOTD fees and costs of litigation, including, but not limited to, reasonable attorney fees.

 

ARTICLE X

DISCRIMINATION CLAUSE

 

10.1     The parties agree to abide by the requirements of the following as applicable: Titles VI and Title VII of the Civil Rights Act of 1964, as amended; the Equal Opportunity Act of 1972, as amended; Federal Executive Order 11246, as amended; the Rehabilitation Act of 1973, as amended; the Vietnam Era Veterans’ Readjustment Assistance Act of 1974; Title IX of the Education Amendments of 1972; the Age Discrimination Act of 1975; the Americans with Disabilities Act of 1990, as amended, and Title II of the Genetic Information Nondiscrimination Act of 2008.

 

10.2     The parties agree not to discriminate in employment practices, and shall render services under this contract without regard to race, color, age, religion, sex, national origin, veteran status, genetic information, political affiliation, or disabilities.

 

10.3     Any act of discrimination committed by either party, or failure to comply with these statutory obligations, when applicable, shall be grounds for termination of this Agreement.

 

ARTICLE XI

SEVERABILITY

 

If any term, covenant, condition, or provision of this Agreement or the application thereof to any person or circumstances shall, at any time or to any extent, be invalid or unenforceable, the remainder of this Agreement, or the application of such term, covenant, condition or provision to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected thereby, and each term, covenant, condition, and provision of this Agreement shall be valid and be enforced to the fullest extent of the law.

 

 

 

 

 

 

 

 

 

 

ARTICLE XII

ENTIRE AGREEMENT/MODIFICATIONS

 

This Agreement, including any attachments that are expressly referred to in this Agreement, contains the entire agreement between the parties and supersedes any and all agreements or contracts previously entered into between the parties on the same subject matter.  No representations were made or relied upon by either party, other than those that are expressly set forth herein.  Any modification or amendment of this Agreement shall be valid only when it has been reduced to writing and executed by both parties.

 

ARTICLE XIII

CONTROLLING LAW, LEGAL COMPLIANCE AND VENUE

 

13.1     The validity, interpretation, and performance of this Agreement shall be controlled by and construed in accordance with the laws of the State of Louisiana.  In the event of default by either party, the aggrieved party shall have all rights granted by the general laws of the State of Louisiana.

 

13.2     DOTD and the Entity shall comply with all applicable federal, state, and local laws and regulations, including, specifically, the Louisiana Code of Governmental Ethics (La. R.S. 42:1101 et seq.) in carrying out the provisions of this Agreement.

 

13.3     The exclusive venue for any suit arising out of this Agreement shall be in the Nineteenth Judicial District Court for the Parish of East Baton Rouge, State of Louisiana.

 

 

 

IN WITNESS WHEREOF, the parties have executed this Agreement as of the day, month and year first written above.

 

 

 

WITNESSES:                                               CITY OF BREAUX BRIDGE

 

 

 

___________________________                  By: ___________________________________

(Witness for First Party)                                                                Ricky Calais, Mayor

 

 

___________________________

(Witness for First Party)

 

 

WITNESSES:                                               STATE OF LOUISIANA

DEPARTMENT OF TRANSPORTATION AND

DEVELOPMENT

 

 

 

___________________________                  By: ___________________________________

(Witness for Second Party)                                                            Shawn D. Wilson, Ph.D., Secretary

 

 

 

_________________________­­­­­__

(Witness for Second Party)

RECOMMENDED FOR APPROVAL

 

 

 

By: ___________________________________

Division Head

 

 

 

Upon motion of  Howard Alexander, duly seconded by Brenda Castille Hobbs and unanimously carried, the Board of Aldermen introduced 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.)

 

Upon motion of Howard Alexander duly seconded by Glenn Michael Angelle and unanimously carried, the Board of Aldermen authorized Mayor Calais to accept bids and award the contract for Carl Williams Park Improvements.

 

Upon motion of Gary Champagne, duly seconded by Howard Alexander and unanimously carried, the Board of Aldermen approved the appointment of Tom Zaunbrecher to Planning and Zoning Commission.

 

Upon motion of Howard Alexander, duly seconded by Brenda Castille Hobbs and unanimously carried, the Board of Aldermen authorized Mayor Calais to accept all public parts of the Atchafalaya Trace Subdivision upon approval by City Engineer Chris Richard.

 

Upon motion of Glenn Michael Angelle, duly seconded by Howard Alexander and unanimously carried, the Board of Aldermen approved a resolution authorizing and directing Mayor Calais to execute for and on behalf of the City of Breaux Bridge, Louisiana an Act of Acceptance and Notice of Acceptance from C.G. Logan Construction, LLC, of Evergreen, LA, Contractor, pertaining to the completion of the Claude Street Sewer Extension for the City of

Breaux Bridge, La.

 

 

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 C.G. Logan Construction, LLC, of Evergreen, LA, Contractor, pertaining to the completion of the Claude Street Sewer Extension for the City of Breaux Bridge, LA.

WHEREAS, C.G. Logan Construction, LLC, as Contractor, has substantially completed ­the Claude Street Sewer Extension 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 Glenn Michael Angelle and seconded by Howard Alexander.

 

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 13th day of June

2017.

BY:______________________________________
Mayor

ATTEST:

 

By:_________________________________
Secretary

 

NOTICE OF ACCEPTANCE

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

Public Notice is hereby given according to law that the undersigned Owner has accepted, as substantially complete, the work done on the Claude Street Sewer Extension by C.G. Logan Construction, LLC, Contractor, under his contract with the City of Breaux Bridge, Louisiana, dated January 18, 2017, and recorded under Inst. No. 505816 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: 13th day of June, 2017.

 

LIST OF DEFICIENCIES

CLAUDE STREET SEWER EXTENSION

FOR THE CITY OF BREAUX BRIDGE, LOUISIANA CONTRACTOR: C.G. LOGAN CONSTRUCTION, LLC (DS&A NO. 4791.03)

JUNE 7, 2017

The following are the remaining items to be addressed as a result of the walk-through conducted on 5/25/2017.

Item Deficiency Engineer’s Estimated Value
1 Hydroseeding-Grass has not been established in some areas $500.00

 

 

Upon motion of Howard Alexander, duly seconded by Gary Champagne and unanimously carried, the Board of Aldermen authorized Mayor Calais to award contract for water and sewer extension to development along I-10.

 

 

Upon motion of Howard Alexander, duly seconded by Gary Champagne and unanimously carried, the Board of Aldermen accepted the recommendation of Planning and Zoning Commission to deny the rezoning of 544 Latiolais Road from Commercial-2 to Commercial-4, Barroom/Lounge.

 

Upon motion of Glenn Michael Angelle, duly seconded by Brenda Castille Hobbs, Howard Alexander, Ernest Ledet and Gary Champagne, the Board of Aldermen approved the resolution

Authorizing Mayor Ricky Calais to enter into an intergovernmental agreement with St. Martin Parish Government regarding the improvements to public parks and other recreational facilities.

 

 

 

 

CITY OF BREAUX BRIDGE

 

A RESOLUTION AUTHORIZING MAYOR RICKY CALAIS TO ENTER INTO

 AN INTERGOVERNMENTAL AGREEMENT WITH ST. MARTIN PARISH GOVERNMENT REGARDING THE IMPROVEMENTS TO PUBLIC

PARKS AND OTHER RECREATIONAL FACILITIES

 

WHEREAS, at the regular meeting of the Mayor and Board of Aldermen of the City of Breaux Bride (“City”) on June 13, 2017, Parish President, Guy Cormier, for St. Martin Parish Government (“Parish”) presented an Intergovernmental Agreement To Engage in Cooperative Endeavor for Parks and Recreational Improvements (the “Intergovernmental Agreement”) and Resolution No. 17-066-RS of the Parish that would provide for a cooperative endeavor among said two political subdivisions whereby the Parish would transfer to the City the sum of $975,000.00, and the City would agree to use said funds exclusively for the construction and/or improvement of public parks or other recreational facilities within the City and in accordance with the terms of the Intergovernmental Agreement;  

 

WHEREAS, the members of the Board of Aldermen of the City did meet in open and regular session on June 13, 2017 in order to consider the adoption of a resolution which would allow Mayor Ricky J. Calais, on behalf of the City, to enter into an Intergovernmental Agreement with the Parish in accordance with the foregoing proposal on behalf of the Parish;

 

NOW THEREFORE BE IT RESOLVED that the Board of Aldermen of the City does hereby expressly authorize, direct and empower Mayor Ricky J. Calais to enter into the aforementioned Intergovernmental Agreement between and among the City and the Parish whereby the Parish will transfer to the City the sum of $975,000.00, which funds will be dedicated for, and used by the City exclusively for, the acquiring, constructing, improving or equipping of public parks, playgrounds, recreation centers or other recreational facilities located within the City and in accordance with the terms of an Intergovernmental Agreement, upon the approval of the terms of such  Intergovernmental Agreement by legal counsel for the City.

 

BE IT FURTHER RESOLVED that the Board of Aldermen of the City does hereby expressly authorize, direct and empower Mayor Ricky J. Calais to execute any and all documents necessary and deemed fit in his discretion to effectuate the foregoing resolution.

 

This Resolution shall become effective immediately upon its adoption.

By motion of Aldermen Glenn Michael Angelle, duly seconded by Aldermen Brenda Castille Hobbs, Howard Alexander, Ernest Ledet and Gary Champagne, the above Resolution was adopted by the following vote on the 13th day of June, 2017:

 

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

NAYS: None

ABSENT: None

ABSTAIN: None

AND THIS RESOLUTION was declared adopted as of the 13th day of June, 2017.

 

 

CERTIFICATE

 

I, Pattie Dupuis, City Clerk of the City of Breaux Bridge, do hereby certify that the above is a true and exact copy of a resolution adopted by the Board of Aldermen of the City of Breaux Bridge on June 13, 2017, at which time a quorum was present and voting.

 

_____________________________

PATTIE DUPUIS, CLERK

 

Upon motion of Brenda Castille Hobbs, duly seconded by Glenn Michael Angelle and unanimously carried, the meeting was adjourned.

 

________________________________                                ______________________________

Pattie Dupuis, City Clerk                                                         Ricky Calais, Mayor