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 11, 2019

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

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

Absent:  None

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

Upon motion of Ryan Breaux, duly seconded by Eddy LeBlanc and unanimously carried, the Board of Aldermen approved to add the following item to the agenda.

Item #15-Consider request to use Veteran’s Park for a 5K Road Race to benefit The    Teche Center for the Arts.

Upon motion of Ernest “E.J.” Ledet, duly seconded by Neil Melancon and unanimously carried, the Board of Aldermen approved the minutes of the May 14, 2019 regular city council meeting.

Upon motion of Neil Melancon, duly seconded by Ernest “E.J.” Ledet and unanimously carried, the Board of Aldermen opened the public hearing on Ordinance #2249 (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, 2019 BE AMENDED ACCORDING TO THE TERMS AND FIGURES CONTAINED IN THE ATTACHED EXHIBIT IDENTIFIED AS “EXHIBIT A”.)

J.L. Sonnier explained that there were no major issues on amending the budget.

Upon motion of Ernest “E.J.” Ledet, duly seconded by Scotty Borel and unanimously carried, the public hearing on Ordinance #2249 was closed.

Upon motion of Ryan Breaux, duly seconded by Eddy LeBlanc and unanimously carried, the Board of Aldermen adopted Ordinance #2249.

ORDINANCE 2249

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, 2019 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  session on June 11, 2019 that:

The Municipal Budget for Fiscal Year Ending June 30, 2019 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 session on the 11th day of June, that this ordinance shall become effective immediately upon signature of the Mayor.

Upon motion of Ryan Breaux, seconded by Eddy LeBlanc and upon verification and assurances that the foregoing ordinance was:

  1. Introduced on May 14, 2019 at the regular meeting of the Mayor and Board

       of Aldermen for the City of Breaux Bridge, Louisiana.

  • Disseminated to the Mayor and all Aldermen;
  • 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,
  • Presented at a public hearing on the 11th day of June.

The Board of Aldermen, on June 11, 2019 adopted Ordinance Number 2249 by virtue of the following votes:

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

Nays: None

Absent: None

Attest:

______________________________

Kristi LeBlanc, City Clerk

_____ _________________________                                                               ______________________________

Ricky Calais, Mayor                                                                                          Date     

Upon motion of Ernest “E.J.” Ledet, duly seconded by Scotty Borel and unanimously carried, the Board of Aldermen opened the public hearing on Ordinance #2250 (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, 2020 BE ADOPTED ACCORDING TO THE TERMS AND FIGURES CONTAINED IN THE ATTACHED EXHIBIT IDENTIFIED AS “EXHIBIT A”.)

            J.L. Sonnier mentioned that this budget is similar to the amended budget that was           closed.  He explained by major fund category, General Fund $2.7 million, Sales Tax $2.7

million, District Sales Tax $900,000 and Utility $2.7 million.

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

Mayor discussed that in the last five weeks, the city had about $100,000 of additional repairs that had to be done.  It included the sewer line along West Bridge Street and to relocate a force main for the Berard Street drainage and overlay project that wasn’t counted on.  Mayor explained that the city is roughly $765,000 short when compared operating revenue to operating expenses and if the city were to meet these numbers dead on, a year from now the city would be spending almost $800,000 of its savings and in addition some of the money being spent out of savings to accomplish some of the projects and improvements citywide and this can’t continue. Mayor discussed the city’s revenue of $2.7 million roughly in Sales Tax, $350,000 roughly in Property Tax, $325,000 roughly in Occupational License and monies from utility companies that do business in town and franchise taxes isn’t enough revenue to go around and had to cut out Latiolais Road overlay, purchase of a dump truck and a 2nd excavator.

Mayor discussed at some point, the city needs to invest into the infrastructure around the interstate, such as frontage roads, water and sewer along the frontage roads to attract some new business developments.  He said Breaux Bridge is the only city of any size along the interstate that has very limited development in the four quadrants.

Neil Melancon talked about the city needing to put reserves aside for something as important as the water system if it would have a major breakdown.

J.L. Sonnier explained that each year it will only get worse.  He said each year more money is sent to the General Fund to operate to maintain the city streets and to operate the police department.  J.L. Sonnier mentioned that the streets and police department don’t generate money but the city has to have it.  He also talked about the one-cent sales tax can go through.

Neil Melancon discussed that the city can’t continue to operate on a one-cent sales tax to be able to move the community forward.  He said he’s heard of other communities where DEQ had walked in because the community had no money to repair things and he wouldn’t want City of Breaux Bridge to be in that position.

Eddy LeBlanc thanked Mayor Calais for making the cuts that had to be made for the position the city is in.  He also mentioned if the people of Breaux Bridge have any questions concerning the one cent sales tax, the council members are happy to answer them. 

Upon motion of Ernest “E.J.” Ledet, duly seconded by Ryan Breaux and unanimously carried, the public hearing on Ordinance #2250 was closed.

Upon motion of Eddy LeBlanc, duly seconded by Ernest “E.J.” Ledet and unanimously carried, the Board of Aldermen adopted Ordinance #2250.

ORDINANCE 2250

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, 2020 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  session on June 11, 2019, that:

The Municipal Budget for Fiscal Year Ending June 30, 2020 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 session on the 11th day of June, 2019, that this ordinance shall become effective immediately upon signature of the Mayor.

Upon motion of Eddy LeBlanc, and unanimously seconded by Ernest “E.J.” Ledet and upon verification and assurances that the foregoing ordinance was:

  1. Introduced on May 14, 2019 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 11th day of June.

The Board of Aldermen, on June 11, 2019 adopted Ordinance Number 2250 by virtue of the following votes:

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

Nays:  None

Absent:                None

Attest:

____________________________

Kristi LeBlanc, City Clerk

____________________________                                    ________June  11, 2019__________

Ricky Calais, Mayor                                                                          Date

Upon motion of Neil Melancon, duly seconded by Ryan Breaux and unanimously carried, the Board of Aldermen opened the public hearing on Ordinance #2251 (AN ORDINANCE REQUIRING A PERMIT FOR USE OF MUNICIPAL PROPERTY FOR BUSINESS OPERATIONS IN THE CITY OF BREAUX BRIDGE REQUIRING THE PROVISION OF CERTAIN INFORMATION PRIOR TO ISSUANCE OF SUCH PERMIT; AND OTHERWISE PROVIDING WITH RESPECT THERETO.)

            George Blanchard asked if there will be a charge for the permit and Mayor answered, “Yes.”

Upon motion of Neil Melancon, duly seconded by Ryan Breaux and unanimously carried, the public hearing on Ordinance #2251 was closed.

Upon motion of Neil Melancon, duly seconded by Eddy LeBlanc and unanimously carried, the Board of Aldermen adopted Ordinance #2251.

Ordinance 2251

An Ordinance requiring a permit for use of municipal property for business operations in the City of Breaux Bridge requiring the provision of certain information prior to issuance of such permit; and otherwise providing with respect thereto.

WHEREAS, pursuant to the provisions of LSA-R.S. 33:4401, LSA-RS. 45:1361 et seq, this municipality’s police powers, and in order to protect the health, safety, and welfare of the public, the City of Breaux Bridge (herein referred to as “the City”) recognizes its right, duty, and obligation to regulate and maintain the integrity and safety of the City’s property and rights-of-way;

WHEREAS, there are persons or entities which utilize and desire to utilize the City’s property and rights-of-way to conduct business operations, including but not limited to the provision of telecommunication, internet, electrical, cable, water, gas or other services or products (hereinafter referred to as “Business Operations”);

WHEREAS, the City makes and adopts the following findings and purposes:

(1)        The City recognizes that it holds its property and the rights-of-way within its geographical boundaries as an asset in trust for its citizens. The City and other public entities have invested millions of dollars in public funds to acquire, build, and maintain the rights-of-way. It also recognizes that some persons, by placing their equipment in the rights-of-way and charging the citizens of the City for goods and services delivered thereby, are profiting from their use of this property held by the City for the public good;

(2)        The City’s rights-of-way are owned or held by the City primarily for the purpose of pedestrian and vehicular passage and for the City’s provision of essential public safety services, including police, fire, and emergency medical response services; and public health services, including sanitary sewer, water, and storm drainage services (together, “Public Uses”);

(3)          Public Uses should in all cases be considered and treated as the dominant and preeminent uses of public property and rights-of-way;

(4)          All other uses of public rights-of-way, including use for the provision of Business Operations, must be subordinate to Public Uses;

(5)          In order to provide for the health, safety and well-being of its citizens, as well as to ensure the structural integrity of its rights-of-way and the City owned facilities located therein, the City strives to keep its rights-of-way in a state of good repair and free from unnecessary encumbrances;

(6)          Right-of-way obstructions and deterioration disrupt the flow of vehicular and pedestrian traffic and are a source of frustration for merchants, business owners and the general population;

(7)          The Louisiana legislature enacted Act 433 of 2008, codified as LSA – R.S. 45:1361-1378 as the “Consumer Choice for Television Act,” which provides for a state-issued certificate of franchise authority for cable and video services.  In LSA – R.S.45:1374, the legislature reserved to local government certain authority to regulate the holder of a state-issued certificate of franchise authority including the City’s lawful exercise of its police powers; and

(8)          In order for the City to properly protect the health, safety and welfare of its citizens, to

enhance the Public Uses, and manage and maintain its property, it is appropriate and necessary that the City obtain and maintain current, accurate information concerning the location, construction, installation and maintenance of structures, facilities, and equipment occupying City Property for Business Operations (“System”).

BE IT THEREFORE ordained by the Board of Aldermen of the City of Breaux Bridge, State of Louisiana, that no person or entity may enter upon, traverse, either above ground or below, or otherwise utilize any property, servitude, or other property right, owned, leased, possessed, or controlled by the City (herein referred to as “City Property”) for the conduct of Business Operations without first being issued a permit to enter City Property for Business Operations as more fully set forth hereafter.

1.            Location of any System for Business Operations within City Property without a valid permit from the City pursuant to this Ordinance presents a threat to the health, safety, and welfare of the City’s citizens and their property and is expressly forbidden. 

2.            The City recognizes and reserves any and all rights available to it to regulate use of any City Property.

3.            The granting of any City license, permit, or other requirement for doing business within the City shall not be construed as authorizing any such person or entity the right to utilize City Property for the conduct of Business Operations.

4.            Any person or entity desiring to operate a System occupying City Property “(Applicant”) shall make a written request to the City for a permit, which shall include the following information:

  1.        Name, address, telephone number, and contact person of the person or entity                  making the request;
  •        Necessary corporate information, if applicable;
  • Name, address, email address, and home, office and cell telephone numbers of a person with authority to act on behalf of the Applicant in case of emergency;
  • Description of the proposed activity;
  • Identification of the City Property which Applicant’s System will occupy.  Said identification shall include the following:
  1. Map drawn to scale of the location of all of Applicant’s System presently occupying City Property; 
  1. Inventory of all equipment, structures, and facilities comprising Applicant’s System occupying City Property; and
  1. Detailed set of plans including a description of all anticipated construction, major maintenance, and major installation activities which shall include the specific locations and the beginning and ending dates of all projects to be commenced during the next calendar year; and the tentative locations and beginning and ending dates for all projects contemplated for the two year period following the next calendar year.
  1. In addition to the information requested above, any applicant for a permit, as described in paragraph 4 hereinabove, shall include in those plans submitted to the City [as required by paragraph (e) (iii) above], the detailed location of any and all relevant City rights-of-way, servitudes or other City facilities which may be implicated in, or affected by, the project (construction/maintenance/installation activities) for which said permit from the City is sought, such that the location, to include the boundaries, and extent of, any and all City rights-of-way, servitudes or other City facilities as described hereinabove shall be shown on said plan in such a manner as to detail the proximity of same with regard to that of the facilities to be installed as part of said project.

f)         Proof of comprehensive general liability insurance covering and affecting the Applicant’s Business Operations occupying City Property.  Applicant shall notify the City of cancellation of such policy(ies) at least 30 days in advance of such cancellation; and

g)         Name of all contractors acting or working on behalf of Applicant within City Property along with the name and home, office, and cell telephone numbers of a person with authority to act on behalf of the contractor in case of emergency.

5.            Upon provision of all of the information required by Section (4), the City shall review the plans to determine if there is a conflict between the proposed utilities and the existing or planned public utilities in the area.  This review is only for general conformance with the design concept of the project and general compliance with the information given relying on the accuracy of the information contained in the submittals.  It is the contractor’s responsibility to verify the location of existing utilities, rights of way and servitudes prior to beginning construction.

After a successful review the City will issue a permit allowing the Applicant/Permittee to enter City Property to conduct Business Operations in accordance with the specific information provided to the City by the Applicant/Permittee.

It shall be understood by any entity seeking a permit, as described in paragraph 4 hereinabove, that the location of any City facility provided by said City is intended, and to be understood, as an approximate location of said facility only, such that it is the responsibility of any contractor or other entity performing installation activities to proceed with extreme caution in locating a relevant City facility, in order to avoid damage to same. It shall be further intended, and understood, that it shall be the responsibility of the contractor/entity which does damage to a City facility to provide for the repair of same in accordance with requirements of the City. It shall also be understood that, in the event the City fails to provide location of any City facility, notwithstanding the submission of a prior request to do so, the contractor or entity conducting installation activities shall notify the City that such facility has not been located, despite said prior request, and no installation activities shall commence until such facility has been located by the City, or by some other entity designated by the City to provide such location.

6.            Standard provisions of each permit granted pursuant to this Ordinance shall include the following: 

                                a)            Conditions of Occupancy.  The System shall be located so as to cause minimum interference with the Public Uses use of City Property and with the rights and reasonable convenience of property owners who own property that adjoins City Property.

                                b)            Restoration of Public Ways.  If, during the course of the Permittee’s construction, installation, or maintenance of the System, there occurs a disturbance of any City Property by the Permittee, the Permittee shall replace and restore such City Property to a condition reasonably comparable to the condition of the City Property existing immediately prior to such disturbance.

                                c)            Relocation at Request of the City.  If the City shall lawfully elect to vacate, relocate, abandon, alter, reconstruct or change any City Property, the Permittee, upon thirty (30) days written notice by the City via certified mail to the Permittee, shall remove, re-lay and relocate its structure, equipment, and facilities at its own expense.  Should the Permittee refuse or fail to remove System within thirty (30) days after written notification, the City shall have the right to remove the component parts of the System and charge the Permittee for the costs of removal. 

                                d)            Relocation at Request of Third Party.  The Permittee shall, on the request of any person holding a lawful building moving permit, protect, support, raise, lower, temporarily disconnect, relocate in or remove from any City Property, as necessary, any property of the Permittee provided:  (i) the expense of such is paid by said person benefiting from the relocation, including, if required by the Permittee, making such payment in advance; and (ii) the Permittee is given reasonable advance written notice to prepare for such changes.  For purposes of this Section, “reasonable advance written notice” shall be no less than thirty (30) days in the event of a temporary relocation, and no less than one hundred twenty (120) days for a permanent relocation.

                                e)            Interference with Use of right-of-way.  When working within City Property, Permittee shall not unreasonably interfere with Public Uses of said City Property and the safety, health, and convenience of the public in the public’s use thereof for ordinary travel.

7.            No less than three (3) business days prior to commencement of construction, installation or maintenance activities within City Property, the Permittee shall notify the City of the specific locations and beginning and ending dates of said construction, installation, or maintenance project and shall provide current, accurate contact information for both the Permittee and the contractor as outlined in Section (4).  Upon receipt of this notification, the City shall determine whether the proposed construction, installation, or maintenance activities shall pose an unreasonable inference with Public Uses.  If the City determines the proposed activity presents no such unreasonable interference, it shall issue the permittee a notice to proceed.  If the permittee receives no written notification from the City within twenty-four hours of the proposed commencement of activities, the proposed activities may be deemed approved.  This Section shall not apply to emergency repair projects or utility service extension projects which the Permittee could not have anticipated.

8.            The Permittee shall keep all of the information required by Section (4) current at all times by immediately providing the City written notice of changes.

9.            Any person or entity (1) whose System occupies City Property for Business Operations without obtaining the permit required in this Ordinance; (2) who fails to provide the 72-hour notice prior to commencement of construction, installation, or maintenance activities as required in Section 6; or who fails to maintain current, accurate information required by Section (4) concerning any System occupying City Property may have any permit granted pursuant to this Ordinance revoked and may be denied future authorization for construction, installation, or maintenance activities for a period of two years.

10.          Any violation of this Ordinance shall afford the City the full range of remedies available under any applicable law or regulation including the levying of fines. The election of one or more remedies shall not be construed as a waiver of any other legal and/or equitable remedy including, but not limited to the City’s right to seek injunctive relief, damages, and attorney’s fees as the law might allow.

BE IT FURTHER ORDAINED, that all ordinances and resolutions in conflict herewith are hereby repealed, except those approving any cable or video franchise agreement in force and effect between the City and any cable or video service provider.

                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 June, 2019, 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 upon signatures of the Mayor, the elapse of ten days after receipt by the Mayor without signature or veto, or upon an override of a vet, whichever occurs first.

                UPON MOTION of Neil Melancon, seconded by Eddy LeBlanc, and upon verification and assurance that the foregoing ordinance was:

  1. Introduced on  May 14, 2019, 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 the notice of the time and place of its consideration for formal adoption; and
  4. Presented at a public hearing held on the 11th day of June, 2019,

The Board of Aldermen, on the 11th day of June, 2019, adopted Ordinance Number 2251 by virtue of the following votes:

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

NAYS: None

ABSENT: None

ABSENTIONS: None

ATTEST:                                                                                                                APPROVED:

______________________                                                                     ________________________

KRISTI LEBLANC,                                                                                               RICKY CALAIS,

CITY CLERK                                                                                                          MAYOR

______________________                                                                     ________________________

DATE                                                                                                                     DATE

Upon motion of Ernest “E.J.” Ledet, duly seconded by Scotty Borel and unanimously carried, the Board of Aldermen adopted a resolution authorizing the Mayor to execute for and on behalf of the City an Act of Acceptance from Elliot Construction, LLC pertaining to the completion of the Dorset Street Widening Project.

Resolution of Acceptance

A resolution authorizing and directing the Mayor to execute for and on behalf of the City of Breaux Bridge, Louisiana an Act of Acceptance from by Elliott Construction, LLC, of Grand Coteau, LA, Contractor, pertaining to the completion of the Dorset Street Widening for the City of Breaux Bridge, LA.

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

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

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

The foregoing resolution was offered by Ernest “E.J.” Ledet, and seconded by Scotty Borel.

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

Yeas Ryan Breaux, Scotty Borel, Ernest “E.J.” Ledet, Neil Melancon, Eddy LeBlanc
   
Nays None
   
Absent None

            And the resolution was declared adopted on this the 11th day of June, 2019.

Attest:

By_______________________________                  BY                                                                   

                    Secretary                                                                                                         Mayor

NOTICE OF ACCEPTANCE

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

Public Notice is hereby given according to law that the undersigned Owner has accepted, as substantially complete, the work done on the Dorset Widening by Elliott Construction, LLC, Contractor, under his contract with the City of Breaux Bridge, Louisiana, dated October 1, 2018, and recorded under Book No. 1563, page 332 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:  12th day of June, 2019.

Upon motion of Neil Melancon, duly seconded by Eddy LeBlanc and unanimously carried, the Board of Aldermen adopted a Resolution of Acceptance and Notice of Acceptance concerning the Hollier Road/Kelli Drive Water Extension Project.

Resolution of SUBSTANTIAL COMPLETION

A RESOLUTION AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE FOR AND ON BEHALF OF THE CITY OF BREAUX BRIDGE OF THE PARISH OF ST. MARTIN, LOUISIANA, AN ACT OF SUBSTANTIAL COMPLETION FROM MP DUMESNIL CONSTRUCTION COMPANY, LLC, CONTRACTOR, PERTAINING TO THE COMPLETION OF A CONTRACT FOR E. Bridge Street & Kelli Drive Sewer Extension.

            Whereas, MP Dumesnil Construction Company, L.L.C., as Contractor, has substantially completed the E. Bridge Street & Kelli Drive Sewer Extension Project, for the City of Breaux Bridge, Louisiana, as of April 1, 2019, in accordance with the plans and specifications contained in the Contract Documents pertaining thereto, with the exceptions noted on the list of deficiencies attached hereto; and

            Whereas, the City of Breaux Bridge, Louisiana desired to accept the work as being substantially complete, subject to the correction within the lien period of the listed deficiencies;

            Now, therefore, it be resolved by the City of Breaux Bridge, of the Parish of St. Martin, Louisiana, that the Mayor of the said City of Breaux Bridge be and is hereby empowered, authorized and directed to execute an Act of Substantial Completion, accepting the work as being substantially complete and that the Mayor be authorized and directed to have a copy of said Notice of Substantial Completion recorded in the Conveyance Records of the Parish of St. Martin, State of Louisiana.

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

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

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

NAYS:             None

ABSTAIN:       None

ABSENT:         None

            And the resolution was declared adopted on this the 14th day of May, 2019.

/s/ Ricky Calais                                               

Ricky Calais, Mayor

/s/ Kristi LeBlanc        

Kristi LeBlanc, City Clerk

NOTICE OF SUBSTANTIAL COMPLETION

            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 E. Bridge Street & Kelli Drive Sewer Extension Project, City of Breaux Bridge by MP Dumesnil Construction Company, L.L.C., Contractor, under its contract with said firm of date July 10, 2018, and recorded as Act No. 519771 in the Mortgage Records of the 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: _______________________________

                                                                                                Mayor

Date:  15th day of May, 2019.

Upon motion of Ernest “E.J.” Ledet, duly seconded by Eddy LeBlanc and unanimously carried, Item #12(Consider adopting a Resolution ordering and calling for an election to be held in the City of Breaux Bridge, State of Louisiana, to authorize the levy and collection of an additional 1% sales and use tax; making application to the State Bond Commission in connection therewith; and providing for other matters in connection therewith) was deleted from the agenda.

Upon motion of Ernest “E.J.” Ledet, duly seconded by Ryan Breaux and unanimously carried, the Board of Aldermen moved to go into executive session to discuss pending litigation.

Upon motion of Neil Melancon, duly seconded by Ernest “E.J.” Ledet and unanimously carried, the Board of Aldermen moved to come out of executive session.

Upon motion of Ryan Breaux, duly seconded by Eddy LeBlanc and unanimously carried, the Board of Aldermen accepted the recommendation of City Attorney to authorize Mayor Calais to proceed with drainage work on Baldwin Street and Ogden Street area regarding pending litigation.

Upon motion of Ernest “E.J.” Ledet, duly seconded by Ryan Breaux and unanimously carried, the Board of Aldermen approved the property at 414 West Bridge Street be condemned and 14 days be given to submit a plan with pricing, to bring the structure to state code by licensed contractors, and if work will be pursued, 45 days to complete the work.  If not done within 45 days, property will be demolished.

Upon motion of Ernest “E.J.” Ledet, duly seconded by Eddy LeBlanc and unanimously carried, the Board of Aldermen approved to give property owners at 705 Landry Street 10 days to demolish.  If not, the city will demolish on the 11th day.

Upon motion of Neil Melancon, duly seconded by Ryan Breaux and unanimously carried, the Board of Aldermen approved to condemn property at 1204 Crescent Street and will give 45 days to repair to code, move or demolish.

Upon motion of Ernest “E.J.” Ledet, duly seconded by Scotty Borel and unanimously carried, the Board of Aldermen approved the issue with the property at 720 Landry Street to be tabled.

Upon motion of Ryan Breaux, duly seconded by Neil Melancon and unanimously carried, the Board of Aldermen approved the request to use Veteran’s Park for the 5K Road Race to benefit the Teche Center for the Arts.

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

___________________________                                                      ________________________

Kristi LeBlanc                                                                                     Ricky J. Calais

City Clerk                                                                                           Mayor