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 9, 2020.

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

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

Upon motion of Ernest “E.J.” Ledet, duly seconded by Ryan Breaux, and unanimously carried the Board of Aldermen approved the following addition and deletion to the June Meeting Agenda.

Addition:

 Item 14:  Consider introducing Ordinance #2264 (An ordinance to amend Chapter 20, Article II, Division 4 of the Code of Ordinances for the City of Breaux Bridge, Louisiana, relative to itinerant vendors of food trucks within city limits.)

Deletion Item 11: 

Consider granting a variance for Courtesy Automotive concerning pylon signage for Chevrolet/GM Buick dealership – Amanda LeBlanc

Upon motion of Eddy LeBlanc, duly seconded by Neil Melancon and unanimously carried, the minutes of the May 12, 2020 City Council meeting were approved.

Upon motion of Neil Melancon duly seconded by Ryan Breaux and unanimously carried, the Board of Aldermen opened a Public Hearing on Ordinance #2262 (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 AMENDED ACCORDING TO THE TERMS AND FIGURES CONTAINED IN THE ATTACHED EXHIBIT IDENTIFIED AS “EXHIBIT A”.).

J. L. Sonnier went over the summary pages of the budget that will be amended for Fiscal Year ending June 30 2020.  He stated that the City was generally within budget for this fiscal year.

Upon motion of Neil Melancon duly seconded by Eddy LeBlanc and unanimously carried, and having no further input from the council or public, the Public Hearing on Ordinance #2262 was closed.

Upon Motion of Neil Melancon, duly seconded by Eddy LeBlanc and unanimously carried, the Board of Aldermen adopted Ordinance #2262 (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 AMENDED ACCORDING TO THE TERMS AND FIGURES CONTAINED IN THE ATTACHED EXHIBIT IDENTIFIED AS “EXHIBIT A”.)

ORDINANCE 2262

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 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 9, 2020 that:

The Municipal Budget for Fiscal Year Ending June 30, 2020 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 9th day of June, 2020, that this ordinance shall become effective immediately upon signature of the Mayor.

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

  1. Introduced on May 12, 2020 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 9th of June, 2020.

The Board of Aldermen, on June 9, 2020 adopted Ordinance number 2262 by virtue of the following votes:

Yeas: Ryan Breaux, Scotty Borel, Ernest Ledet, Neil Melancon, Eddy LeBlanc

Nays: None

Absent: None

Attest: None

___________________________________________

Kristi Leblanc, City Clerk

___________________________________________          _____________________

Ricky Calais, Mayor                                                               Date

Upon motion of Ryan Breaux duly seconded by Eddy LeBlanc and unanimously carried, the Board of aldermen opened a public hearing on Ordinance #2263 (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, 2021 BE ADOPTED ACCORDING TO THE TERMS AND FIGURES CONTAINED IN THE ATTACHED EXHIBIT IDENTIFIED AS “EXHIBIT A”.).

   J. L. Sonnier went over the budget saying that the 2021 proposed budget is not a lot different from 2020.  We are expecting about $11.6 million versus $11 million in 2020 and a majority of that is going towards capital projects (drainage, utility and other improvements).  The new sales tax affords the city ability to do that.  Also, with the decision that the Council had to make in adjusting the water rates and sewer now the enterprise fund is in good shape.  The utility fund is the new debt with DEQ requires that the fund be self-sufficient. The Council needs to be able to justify that the rates we are charging recover the cost incurring to operate the system to stay in compliance with DEQ. 

Upon motion of Ernest “E. J.”  Ledet, duly seconded by Ryan Breaux and unanimously carried, and having no further input from the council or public, the Board of Aldermen closed the Public Hearing on Ordinance #2263.

Upon Motion of Eddy LeBlanc duly seconded by Neil Melancon and unanimously carried, the Board of Aldermen adopted Ordinance #2263 (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, 2021 BE ADOPTED ACCORDING TO THE TERMS AND FIGURES CONTAINED IN THE ATTACHED EXHIBIT IDENTIFIED AS “EXHIBIT A”.)

ORDINANCE 2263

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, 2021 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 9, 2020, that:

The Municipal Budget for Fiscal Year Ending June 30, 2021 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 9th day of June, that this ordinance shall become effective immediately upon signature of the Mayor.

Upon motion of Eddy LeBlanc, and unanimously seconded by Neil Melancon and upon verification and assurances that the foregoing ordinance was:

  1. Introduced on May 12, 2020 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 9th day of June.

The Board of Aldermen, on June 9, 2020 adopted Ordinance Number 2263 by virtue of the following votes:

Yeas:   Ryan Breaux, Scotty Borel, Ernest Ledet, Neil Melancon, Eddy LeBlanc

Nays:  None

Absent:            None

Attest: None

____________________________

Kristi LeBlanc, City Clerk

____________________________                                    ________June __10, 2020__________

Ricky Calais, Mayor

Bianca Faulk informed the council on The Rule to Show Cause at 1810 Rees Street, Lot #8, a trailer that is dilapidated and in a condition to be demolished.  Ms. Collette Mouton was contacted regarding the dilapidated trailer at 1810 Rees Street, Lot #8.  Ms. Mouton was not present, and neither was anyone present on her behalf.   

Mr. Cooney Richard stated that he had been out there 8 times since 2016 and he reported that he believed the trailer to be in a dilapidated and unsafe condition and his recommendation to the council is that it be condemned and demolished.

Upon motion of Ryan Breaux, duly seconded by Eddy LeBlanc, and unanimously carried, the Board of Aldermen approved that the trailer at 1810 Rees Street, Lot #8 to be condemned and demolished within 10 days of receipt of notice.

Upon motion of Ryan Breaux, duly seconded by Neil Melancon and unanimously carried, the Board of Aldermen opened a public hearing for Ordinance #2260 (An Ordinance of the City of Breaux Bridge, Louisiana to lease property no longer needed for public purposes to a private person, and matters related thereto.)

Alderman Breaux asked if the purpose of this ordinance was to allow the City to lease public property to a private citizen, to which the Mayor replied that it was.  Attorney Bart Hebert asked if the proper ads were run in the paper three times to which the City Clerk answered “Yes.”

Upon motion of Ryan Breaux, duly seconded by Eddy LeBlanc and unanimously carried, and having no further input from the council or public, the Board of Aldermen closed the Public Hearing on Ordinance #2260.

Upon motion of  Ryan Breaux, duly seconded by Eddy LeBlanc, and unanimously carried, the Board of Aldermen adopted Ordinance #2260 (An Ordinance of the City of Breaux Bridge, Louisiana to lease property no longer needed for public purposes to a private person, and matters related thereto.).

ORDINANCE 2260

WHEREAS, the City of Breaux Bridge, Louisiana (the “City”) owns a tract of land, approximately 13 acres in size that it previously used for disposal of trash, which dump has been out of use for many years (the “Property”);

WHEREAS, the Property is no longer in need for any public purpose by the City;

WHEREAS, a local business within the City of Breaux Bridge, Louisiana, namely,  Hebert’s Tree & Stump Removal, LLC, leases lands adjacent to the Property and has requested that the City lease the Property to it for the purposes of delivering and disposing of trees and branches for its tree-cutting business; 

WHEREAS, pursuant to La. R.S. 33:4712 B, before the City may lease public property to private persons, it must declare that the property is no longer needed for a public purpose, and an ordinance must be introduced, giving the reasons for the action on the part of the governing authority, and fixing the minimum price and terms of the lease to be made with reference to the property, and notice of the proposed ordinance must be published three times in fifteen days, one week apart, in a newspaper published having a general circulation in the municipality.

WHEREAS, pursuant to La. R.S. 33:4712 C, any opposition to the proposed ordinance shall be made in writing, filed with the clerk or secretary of the municipality within fifteen days after posting of the above notice or its first publication; and if an opposition is filed, the governing authority shall not adopt the ordinance until a hearing has been held. If the ordinance is adopted, it shall not become effective until ten days after its passage, during which time any interested citizen may apply to the district court having jurisdiction of the municipality for an order restraining the disposition of the property. After the ordinance becomes effective, it cannot be contested for any reason.

WHEREAS, the City desires to lease the Property to a private business under the terms set forth hereunder in this Ordinance; 

BE IT ORDAINED by the Board of Aldermen for the City of Breaux Bridge, Louisiana, duly convened in regular session on the 9th day of June, 2020, that the City of Breaux Bridge, Louisiana, did declare that the following described property is no longer needed for any public purpose:

A certain tract or parcel of land, together with all building and improvements thereon, and all rights, ways, privileges, servitudes, advantages, appurtenances thereunto appertaining, situated in Section 73, Township 9 South, Range 5 East, St. Martin Parish, Louisiana, containing 13.55 acres, more or less, and being bounded, now or formerly; on the North by JPO COLORADO, LLC; on the West by J.P. Oil Company, Inc.; on the South by Brick Street; and on the East by CASHEB, LLC.

      Subject property bears St. Martin Parish Assessor’s Office Parcel Number 08001A3848.

BE IT FURTHER ORDAINED by the Board of Aldermen for the City of Breaux Bridge, Louisiana, duly convened in regular session on the 9th day of June, 2020, that the City of Breaux Bridge, Louisiana, after all proper notices, publications, time delays and hearings, if applicable are had, in compliance with La. R.S. 33:4712, that the City lease the hereinbelow described property to Hebert’s Tree & Stump Removal, LLC, on the terms provided hereinbelow and such other terms agreed upon by the parties, to wit:

Property subject to lease:

A certain tract or parcel of land, together with all building and improvements thereon, and all rights, ways, privileges, servitudes, advantages, appurtenances thereunto appertaining, situated in Section 73, Township 9 South, Range 5 East, St. Martin Parish, Louisiana, containing 13.55 acres, more or less, and being bounded, now or formerly; on the North by JPO COLORADO, LLC; on the West by J.P. Oil Company, Inc.; on the South by Brick Street; and on the East by CASHEB, LLC.

Subject property bears St. Martin Parish Assessor’s Office Parcel Number 08001A3848.

Minimum rent:

$750.00 per year.

Term:

The initial term of this lease shall be for a period of one (1) year commencing on the effective date of this ordinance, and shall continue on a year to year basis thereafter, up to a maximum of 10 years, unless sooner terminated in writing by either party 30 or more days before the end of the term.

Reason to Lease:        

The subject property is no longer needed for any public purpose, and does not produce any revenue. Lessee will be responsible for maintaining property and cutting grass, which will reduce operating costs of the City, and the lease will generate revenue for the City.   

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

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

      BE IT FURTHER ORDAINED by the Board of Alderman for the City of Breaux Bridge, Louisiana, duly convened in regular session on the 9th day of June, 2020, that this ordinance shall become effective upon signature of the Mayor of the City of Breaux Bridge, Louisiana, the lapse of ten (10) days after receipt of the Mayor of the City of Breaux Bridge, Louisiana without signature or veto, or upon an override of a veto, whichever occurs first.

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

  1. Introduced on May 12, 2020 at the regular meeting of the Mayor and Board of Alderman for the City of Breaux Bridge, Louisiana;
  2. Disseminated to the Mayor and all Aldermen;
  3. Published, by title, in the official journal of the City of Breaux Bridge, Louisiana, together with the notice of the time and place of its consideration for formal adoption; and
  4. Presented at a public hearing held on the 9th day of June, 2020,

Upon motion of  Ryan Breaux, duly seconded by Eddy LeBlanc and unanimously carried, the Board of Aldermen opened a public hearing on Ordinance #2261 (An Ordinance of the City of Breaux Bridge, Louisiana to establish and enact a procedure for the debarment of contractors, and matters related thereto).

City Attorney, Bart Hebert explained that this ordinance would establish a process for debarring contractors from being able to bid on projects for the City for a period of time or in perpetuity due to certain criteria.  The Ordinance establishes a committee that would hear the matters related to these issues.  He explained that the City currently has no method by which to suspend contractors that have previously acted in bad faith or did not uphold the standards by which the City would like to uphold. This Ordinance would provide protections to the City and any future projects the City would endeavor to accomplish.

 Upon motion of Ernest “E. J.” Ledet, duly seconded by Ryan Breaux and unanimously carried, and having no further input from the council or public, the Board of Aldermen closed the Public Hearing on Ordinance #2261.

Upon motion of Ryan Breaux, duly seconded by Ernest “E. J.” Ledet, and unanimously carried, the Board Aldermen adopted Ordinance #2261 (An Ordinance of the City of Breaux Bridge, Louisiana to establish and enact a procedure for the debarment of contractors, and matters related thereto).

ORDINANCE 2261

AN ORDINANCE OF THE CITY OF BREAUX BRIDGE, LOUISIANA TO ESTABLISH AND ENACT A PROCEDURE FOR THE DEBARMENT OF CONTRACTORS, AND MATTERS RELATED THERETO.

BE IT ORDAINED by the Mayor and Board of Alderman of the City of Breaux Bridge, Louisiana, duly convened in regular session on the 9th day of June, 2020, that there is hereby established an ordinance enacting a certain procedure for the debarment of contractors in public works projects affecting the City of Breaux Bridge, Louisiana (hereinafter “City”), which said ordinance shall read as follows:

(a)  Definitions. When used herein, the following words and phrases have the meaning ascribed to them in this ordinance, unless the context clearly indicates a different meaning:

Contractor means contractor, subcontractor, consultant or subconsultant selected pursuant to applicable state law. “Contractor” shall also include bidders or contractors on projects let pursuant to ordinance of the board of aldermen, and participation as joint venturer or subcontractor on projects for the City.

Debarment means the disqualification of a contractor to receive invitations for bids or requests for proposals or the award of any contract by the City and shall be applicable to selection of consultants by the City and participation as a joint venture, subcontractor or consultant or subconsultant on the City projects.

Debarment committee means the committee consisting of the following persons acting upon a unanimous vote: the director of the public works department or his designee; the director of the user department or his designee who is familiar with the particular circumstances of the potential debarment; the City engineer, and the City attorney or his designee. The City attorney or his designee shall serve as chair of the debarment committee. If the user department is the public works department, the debarment committee may be comprised of three persons, in the discretion of the director of the public works department in consultation with the board of aldermen.

Regulations means the rules and regulations governing debarment and the administration of this section as promulgated by the city attorney in consultation with all relevant departments of the City, and approved by the board of aldermen.

Suspension means the determination that a person shall be ineligible to serve as a contractor on a project of the City for a stated period of time as determined by the debarment committee in accordance with the provisions of this section.

User department means the particular department of the City which is concerned with or interested in the contractor in question, including (as the case may be) the public works department, the utilities department, the parks and recreation department or any other department of the City.

(b)  Applicability. This section applies to a debarment for cause from consideration for awarding of contracts and participating in performance of contracts as a contractor or a suspension from consideration during an investigation where there is probable cause for debarment.

(c)  Authority. After ten days’ written notice to the contractor involved and reasonable opportunity for that contractor to be heard, the debarment committee shall have authority to debar or suspend and may debar or suspend a contractor for cause from consideration for awarding of a contract or participating in any manner in the City projects pursuant to the regulations, provided that doing so is in the best interest of the City. The causes for debarment or suspension are set forth in subsection (d) below. The period of debarment shall be as determined by the debarment committee, but shall not exceed three years from the finality of the debarment. The period of suspension shall not exceed six months. The authority to debar or suspend shall be exercised only after notice and hearing in accordance with the provisions of subsection (e) below.

(d)  Causes for debarment or suspension. The debarment committee may debar or suspend a contractor for any of the following causes:

(1)  For final conviction of or final unappealable civil judgment for:

a.  Commission of fraud or a criminal offense in connection with obtaining, attempting to obtain or performing a public contract or subcontract.

b.  Violation of federal or state antitrust statutes relating to the submission of offers.

c.  Commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements or receiving stolen property.

d.  Commission of any other offense indicating a lack of business integrity or business honesty that seriously and directly affects the present responsibility of a government contractor.

(2)  Upon a preponderance of the evidence for any of the following purposes:

a.  Violation of the terms of a government contract or subcontract so serious as to justify debarment, including but not limited to:

1.  Willful failure to perform in accordance with the terms of one or more contracts.

2.  A history of failure to perform or of unsatisfactory performance of one or more contracts.

3.  Willful failure to perform or a history of unsatisfactory performance of any contract obligations regarding disadvantaged business enterprise participation in the City contracts under the city, state or federal programs concerning disadvantaged business enterprises.

4.  Use of substandard materials or failure to furnish or install materials in accordance with the contract in a City project, even if the discovery of the defect is subsequent to acceptance of the project and expiration of the warranty thereof, if such defect amounts to intentionally deficient or grossly negligent performance of the contract under which the defect was a consequence.

5.  Persistent or repetitive judicial challenges under any contract(s) with the City where the contractor is not the prevailing party and under circumstances which are indicative of bad faith on the part of the contractor.

6.  Upon determination that any of the principals, officers, shareholders, members, employees, directors or partners of a contractor also serves or has served in a similar capacity or position in or with a previously debarred contractor or in or with any legal entity which is formed as a successor to any previously debarred contractor.

7.  Non-payment of subcontractors or vendors in connection with any work accepted and/or paid under any City contract or project which results in liens or privileges filed against the City and/or legal action instituted against the City.

8.  Being formally placed in default on any City contract or project within the previous three years.

b.  Any other cause of so serious or compelling a nature that it affects the present responsibility of a government contractor, including debarment by another governmental entity for any cause listed in this subsection or the regulations.

(e)  Notice, hearing and decision.

(1)  a.  Initiation of hearing. A debarment or suspension hearing shall be initiated by issuance of written notice to the contractor by the debarment committee.

b.  Notice of hearing. Written notice to the contractor shall be served by certified or registered mail, return receipt requested, mailed to the contractor at the address on file with the user department or the public works department or with the contractor’s licensing authority, and shall include all of the following:

1.  A statement of the time, place, and nature of the hearing to be conducted.

2.  A statement of the legal authority and jurisdiction for the hearing.

3.  A reference to the particular cause for debarment or suspension as set forth in subsection (d) of this section.

4.  A short, plain, and concise statement of the cause for debarment or suspension, including the identification of the contract in question.

5.  A statement that failure to participate in the hearing shall serve to waive any and all further administrative remedies.

c.  Hearing.

1.  The debarment committee shall afford the contractor an opportunity to respond and present evidence on issues of fact relevant to the proposed debarment or suspension. The contractor shall have the right to counsel.

2.  The debarment committee may, in its discretion, request written statements of the user department’s position from the user department. A copy of such written statement submitted by the user department shall be provided to the contractor.

3.  Informal disposition may be made of any proposed debarment or suspension by stipulation, agreed settlement, consent order or default.

d.  Record. The hearing record shall contain:

1.  A copy of the written notice of hearing.

2.  A return of the service of notice to the contractor of the hearing.

3.  A transcript of the proceedings before the debarment committee.

4.  Any document or exhibit presented for consideration to the debarment committee by the contractor or the user department.

5.  Any decision, opinion or reports rendered by the debarment committee.

e.  Transcript of proceedings. The debarment committee shall have all proceedings before it recorded electronically at the cost of the user department.

f.  Findings. Findings of fact made by the debarment committee shall be based exclusively on the hearing evidence and on matters in the notice of hearing.

(2)  The debarment committee shall issue a written decision to debar or suspend.  The decision shall provide all of the following:

a.  State the action taken with respect to the contractor involved. If the debarment committee determines that the contractor should be suspended, the period of the suspension shall be stated.

b.  State the reasons for the action taken.

c.  Inform the debarred or suspended contractor involved of its rights to administrative and judicial review as provided in subsections (i) and (j) below.

d.  Transcript of proceedings. The debarment committee shall have all proceedings before it recorded electronically at the cost of the user department.

(f)  Copy of decision. A copy of both the debarment or suspension hearing notice and the decision under subsection (e) of this section shall be served upon the contractor by certified or registered mail, return receipt requested, mailed to the contractor at the address on file with the user department or the public works department or with the contractor’s licensing authority. A decision may also be furnished immediately to any other intervening party.

(g)  Finality of decision. A decision under subsection (e) above shall be final and conclusive unless the debarred or suspended contractor has timely appealed administratively to the board of aldermen in accordance with subsection (i) below.

(h)  Requalification of debarred contractor. A contractor debarred as required by the provisions of this section may apply to the debarment committee which acted with respect to such contractor for requalification in accordance with the regulations. A contractor which is suspended is not required to apply for requalification after the period of the suspension.

(i)  Appeal of decision of debarment committee. The board of aldermen shall have the authority to review and determine any appeal by an aggrieved contractor from a determination by the debarment committee in accordance with the following:

(1)  The aggrieved contractor shall file its appeal with the clerk of the city within 14 days of the receipt of a decision under subjection (f) above.

(2)  The board of aldermen shall decide within 30 days whether, or the extent to which, the debarment or suspension was in accordance with the constitution, statutes, ordinances, regulations, and the best interest of the user department and was fair. Any prior determination by the debarment committee shall not be final or conclusive.

(3)  A copy of the decision under this subsection shall be served by certified or registered mail, mailed to the contractor at the address on file with the user department or the public works department or with the contractor’s licensing authority or otherwise furnished immediately to the debarred or suspended contractor or any other intervening party.

(4)  A decision under this subsection shall be final and conclusive unless the debarred or suspended contractor has timely appealed an adverse decision of the board of aldermen to the Sixteenth Judicial District Court for St. Martin Parish, Louisiana in accordance with subsection (j) below.

(j)  Actions by or against the City in connection with contracts.

(1)  Any judicial action under this section shall be governed by LSA-R.S. 49:964. For purpose of applying that statute, the following terms as used therein shall have the following meaning, to-wit:

a.  The term “agency” shall mean the “debarment committee” or the “board of aldermen,” as the case may be.

b.  The term “adjudication” or “adjudication proceeding” shall mean the decision of the board of aldermen as provided in subsection (i) above.

(2)  Any appeal for judicial review of the board of aldermen’s decision shall be commenced in the Sixteenth Judicial District Court in and for St. Martin Parish, Louisiana within 30 days after the transmittal notice of the final decision of the board of aldermen under subsection (i) above.

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

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

      BE IT FURTHER ORDAINED by the Board of Alderman for the City of Breaux Bridge, Louisiana, duly convened in regular session on the 9th day of June, 2020, that this ordinance shall become effective upon signature of the Mayor of the City of Breaux Bridge, Louisiana, the lapse of ten (10) days after receipt of the Mayor of the City of Breaux Bridge, Louisiana without signature or veto, or upon an override of a veto, whichever occurs first.

            UPON MOTION of Ryan Breaux, seconded by Ernest Ledet, and upon verification and assurance that the foregoing ordinance was:

  1. Introduced on May 12, 2020, at the regular meeting of the Mayor and Board of Alderman for the City of Breaux Bridge, Louisiana;
  2. Disseminated to the Mayor and all Aldermen;
  3. Published, by title, in the official journal of the City of Breaux Bridge, Louisiana, together with the notice of the time and place of its consideration for formal adoption; and
  4. Presented at a public hearing held on the 9th day of June, 2020,

The Board of Aldermen, on the 9th day of June, 2020, adopted Ordinance Number 2261 by virtue of the following votes:

YEAS: Ryan Breaux, Scotty Borel, Ernest 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 Ryan Breaux duly seconded by Ernest “E. J.” Ledet, and unanimously carried the Board of Aldermen adopted a Resolution adopting the millage rates of 4.230 mills for the 2020 tax year. 

CITY OF BREAUX BRIDGE

RESOLUTION

            BE IT RESOLVED, that the following millage(s) are hereby levied on the 2020 tax roll on all property subject to taxation by the City of Breaux Bridge:

                                                                                    MILLAGE

            General Alimony                                            4.230 mills 5140001

            BE IT FURTHER RESOLVED that the proper administrative officials of the Parish of St. Martin, State of Louisiana, be and they are hereby empowered, authorized, and directed to spread said taxes, as hereinabove set forth, upon the assessment roll of said Parish for the year 2020, and to make the collection of the taxes imposed for and on behalf of the taxing authority, according to law, and that the taxes herein levied shall become a permanent lien and privilege on all property subject to taxation as herein set forth, and collection thereof shall be enforceable in the manner provided by law.

            The foregoing resolution was read in full, the roll was called on the adoption thereof, and the resolution was adopted by the following votes:

            YEAS: Ryan Breaux, Scotty Borel, Ernest Ledet, Neil Melancon, Eddy LeBlanc

            NAYS: None

            ABSTAINED: None

            ABSENT: None

CERTIFICATE

            I hereby certify that the foregoing is a true and exact copy of the resolution adopted at the board meeting held on June 9, 2020, at which meeting a quorum was present and voting.

            Breaux Bridge, Louisiana, this 9th day of June, 2020.

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Kristi LeBlanc, City Clerk                                                      Ricky Calais, Mayor

Upon motion of Ryan Breaux, duly seconded by Ernest “E. J.” Ledet, and unanimously carried, the Board of Aldermen introduced Ordinance #2264 (An ordinance to amend Chapter 20, Article II, Division 4 of the Code of Ordinances for the City of Breaux Bridge, Louisiana, relative to itinerant vendors of food trucks within city limits.).

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

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          Kristi LeBlanc, CMC                                    Ricky J. Calais, Mayor