March 2018

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. Tuesday March 13, 2018.

 

Mayor Ricky Calais called the meeting to order.  The invocation and Pledge of Allegiance were recited.

 

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

 

Upon motion of Glenn Michael Angelle, duly seconded by Howard Alexander, and unanimously carried, the Board of Aldermen approved the minutes of the February 14, 2018 meeting.

 

Upon motion of Glenn Michael Angelle, duly seconded by Howard Alexander, and unanimously carried, the Board of Aldermen approved the following addition to the March meeting agenda:

Item #14: Consider approval for Mayor Calais to request naming the downtown bridge to

the “Gary ‘Bimmie’ Champagne Memorial Bridge.”

 

Upon motion of Glenn Michael Angelle, duly seconded by Howard Alexander, and unanimously carried, the Board of Aldermen opened a Public Hearing for Ordinance #2243 (An ordinance approving and adopting an Amendment to the Master Plan to include the following project: (1) Construction of turning lane on Rees Street to access frontage road northeast of I-10 interchange in anticipation of future commercial development, to be funded through the use of tax proceeds generated by the special tax imposed by Sales Tax District No. 1 of the City of Breaux Bridge, State of Louisiana).

 

Upon motion of Ernest Ledet, duly seconded by Howard Alexander, and unanimously carried, there being no public input, the Board of Aldermen closed the Public Hearing on Ordinance #2243.

 

Upon motion of Glenn Michael Angelle, duly seconded by Brenda Castille Hobbs and unanimously carried, the Board of Aldermen adopted ordinance #2243.

 

 

 

ORDINANCE NUMBER 2243     

 

An ordinance approving and adopting an Amendment to the Master Plan to include the following project: (1) Construction of turning lane on Rees Street to access frontage road northeast of I-10 interchange in anticipation of future commercial development, to be funded through the use of tax proceeds generated by the special tax imposed by Sales Tax District No. 1 of the City of Breaux Bridge, State of Louisiana.

 

WHEREAS, by Act Number 923 of the 2008 Regular Legislative Session, La R.S. 33:2711 was amended by the enactment of subparagraph D thereof to permit a municipality such as the City of Breaux Bridge to create a special sales tax district within a portion of the municipality for the purpose of levying and collecting a one (1%) per cent sales and use tax;

 

WHEREAS, the said Act Number 923 mandated that the proceeds from such a tax be used by the municipality pursuant to the specific terms and conditions of an intergovernmental agreement between the municipality and the sales tax district;

 

WHEREAS, the said Act Number 923 further mandated that the proceeds of the aforementioned tax be utilized for the payment of the costs and expenses of constructing, improving, and maintaining the municipality’s infrastructure which services property located within its jurisdictional boundaries or be used to promote the economic development of both the district and municipality;

 

WHEREAS, on November 11, 2008, by Ordinance Number 2163, the Board of Aldermen for the City of Breaux Bridge created a special sales tax district and designated it as “Sales Tax District No. 1 of the City of Breaux Bridge, State of Louisiana” (“District”);

 

WHEREAS, by Ordinance Number 2163, the Board of Aldermen for the City of Breaux Bridge further approved and adopted an intergovernmental agreement between it and the District with respect to the use and expenditure of the proceeds of the taxes generated by the District;

 

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

 

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

 

WHEREAS, the aforementioned intergovernmental agreement further provided that all proceeds received by the City of Breaux Bridge from the collection of the said tax shall be used for the payment of the costs and expenses of constructing, improving, and maintaining the City’s infrastructure which serves property located therein or shall be used to promote the economic development of the District or the City, it being provided, however, that a minimum of thirty-five (35%) per cent of the annual proceeds of the tax shall be dedicated and set aside for the purpose of providing matching funds to be received by the City from state and/or federal grants for the construction and improvement of the infrastructure of the City;

 

WHEREAS, La.R.S.33:2711(D) was amended and re-enacted by Act Number 568 of the 2012 Louisiana Legislature to include provisions relative to the City of Breaux Bridge, and the expenditure by the municipality of those proceeds generated by the increased sales and use tax within the boundaries of a special sales tax district. La R.S. 47:338.1(D)(2)(b), enacted under Act Number 568, provides that, in the Municipality of Breaux Bridge, the proceeds of any additional sales tax levied within the boundaries of a special taxing district established pursuant to the provisions of La R.S. 47:338.1, shall be expended as follows: (i) Twenty percent (20%) of the proceeds shall be used annually for the repair and maintenance of the municipality’s infrastructure which serves property located within the municipality provided that an Annual Plan for Repair and Maintenance of Municipality Infrastructure is approved by the adoption of an ordinance of the governing authority of the municipality, by a two-thirds vote; (ii)(aa) Eighty percent (80%) of the proceeds shall be expended on new construction of infrastructure or substantial improvements of existing infrastructure. However, any such expenditure must be pursuant to a Master Plan for the Construction of Municipal Infrastructure listing the specific projects to be funded through the said tax proceeds, and furthermore, that any such plan be adopted by ordinance passed by a two-thirds (2/3) vote of the City’s governing authority;

 

WHEREAS, the intergovernmental agreement confected between the City of Breaux Bridge and the District was revised and amended by virtue of Ordinance Number 2200 adopted on March 11, 2014, to reflect the mandates set forth in La R.S. 47:338.1(D) as amended by Act Number 568 of the 2012 Louisiana Legislature;

 

WHEREAS,    the Louisiana State Legislature enacted La. R.S. 47:338.1(E), which applied to municipalities having a population in excess of eight thousand one hundred thirty but not more than eight thousand one hundred forty-five persons, which include the City, based on the latest federal decennial census, which includes the City, and provided that such municipalities may use the proceeds of the additional sales tax as follows: fifty percent (50%) of the proceeds collected from the additional one percent (1%) tax levied within the District for the municipality’s operating budget as approved by the adoption of an ordinance of the governing authority of the municipality, by a two-thirds (2/3) vote, and the remaining fifty percent (50%) of the proceeds collected shall be expended on new construction of infrastructure within the municipality or substantial improvements of existing infrastructure within the municipality, according to a Master Plan for the Construction of Municipal Infrastructure, which shall list the specific infrastructure construction or improvement projects to be funded through the tax proceeds, including funding into bonds for such purposes in the manner provided by state law, and which shall be adopted by the governing authority of the City in the manner provided for in La. R.S. 47: 47:338.1(E)(1)(b);

 

WHEREAS,    pursuant to the aforesaid statutory authority, the City of Breaux Bridge, by Ordinance No. 2242, amended Ordinance Number 2163, the ordinance which provided for the creation of “Sales Tax District No. 1 of the City of Breaux Bridge, State of Louisiana”; and the Intergovernmental Agreement between the City and the District relative to the use and expenditure of the proceeds generated by “Sales Tax District No. 1 of the City of Breaux Bridge, State of Louisiana”, to reflect the mandates set forth under La. R.S. 47:338.1(E).

 

WHEREAS, the Mayor and city engineer for the City of Breaux Bridge prepared a Master Plan for the Construction of Municipal Infrastructure, which was adopted by the governing authority of the City of Breaux Bridge on June 11, 2014 by Ordinance Number 2201;

 

WHEREAS, the Mayor and city engineer for the City of Breaux Bridge have prepared an Amendment to the Master Plan to include the following project: (1) Construction of turning lane on Rees Street to access frontage road northeast of I-10 interchange in anticipation of future commercial development, to be funded through the use of tax proceeds generated by the special tax imposed by Sales Tax District No. 1 of the City of Breaux Bridge, State of Louisiana;

 

WHEREAS, in accordance with the dictates of La R.S. 47:338.1(D) and (E), an ordinance must be adopted by the City of Breaux Bridge approving the attached Amendment to the Master Plan to include the aforesaid project;

 

BE IT, THEREFORE, ORDAINED by the Board of Aldermen for the City of Breaux Bridge, Louisiana, that the Amendment to the Master Plan to include the following project: (1) Construction of turning lane on Rees Street to access frontage road northeast of I-10 interchange in anticipation of future commercial development, to be funded through the use of tax proceeds generated by the special tax imposed by Sales Tax District No. 1 of the City of Breaux Bridge, State of Louisiana;

 

BE IT FURTHER ORDAINED that the estimated costs for each of the projects identified on the attached Amendment to the Master Plan are set forth for informative purposes only. As such, the undertaking of this project is not dependent upon the actual costs associated therewith. The total amount of the proceeds from the Sales Tax District No. 1 Infrastructure Fund to be used for the projects embraced by the Master Plan for the Construction of Municipal Infrastructure, as amended herein, shall not exceed the total of the sum of fifty (50%) per cent of the sales tax proceeds on deposit in the said fund after expenditures associated with the Master Plan.

 

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

 

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

 

BE IT FURTHER ORDAINED that the provisions of this Ordinance are hereby declared to be severable, and if any provision, word phrase, or clause of this ordinance or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect the validity of the remaining portions thereof;

 

BE IT FURTHER ORDAINED by the Board of Aldermen for the City of Breaux Bridge, Louisiana, duly convened in regular session on the 13th day of March, 2018, that this ordinance shall become effective immediately upon signature of the Mayor.

 

UPON MOTION of Glenn Michael Angelle seconded by Brenda Castille Hobbs, and upon verification and assurance that the foregoing ordinance was:

 

  1. Introduced on February 13, 2018, at the regular meeting of the Mayor and Board of Aldermen for the City of Breaux Bridge, Louisiana;

 

  1. Disseminated to the Mayor and all aldermen;

 

  1. Published, by title, in the official journal of the City of Breaux Bridge, Louisiana, together with notice of the time and place of its consideration for formal adoption; and

 

  1. Presented at a public hearing held on the 13th day of March, 2018, before the Board of Aldermen,  the Board of Aldermen adopted Ordinance Number  2243 on the 13th  day of March, 2018, by virtue of the following votes:

 

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

 

NAYS: None

 

ABSTAIN:None
ABSENT:None

 

AND THIS ORDINANCE is hereby declared adopted as of this 13th day of March, 2018.

 


ATTEST:

 

_______________________________

PATTIE B. DUPUIS, CITY CLERK

 

____March 15, 2018______________

DATE

 

APPROVED:

 

 

_______________________________

RICKY J. CALAIS, MAYOR

 

____March 15, 2018______________

DATE

 

CITY OF BREAUX BRIDGE
AMENDMENT TO MASTER PLAN FOR THE CONSTRUCTION OF MUNICIPAL INFRASTRUCTURE

Adopted June 11, 2014

 

The Master Plan for the Construction of Municipal Infrastructure shall be amended to include the following projects:

 

(1) Construction of turning lane on Rees Street to access frontage road northeast of I-10 interchange in anticipation of future commercial development, to be funded through the use of tax proceeds generated by the special tax imposed by Sales Tax District No. 1 of the City of Breaux Bridge, State of Louisiana, which has an estimated cost of $130,000.00.

 

This plan is prepared in accordance with La.R.S. 47:338.1(D) and (E) as it relates to the funds available for expenditure on new construction or substantial improvements to existing infrastructure within the corporate limits of the City of Breaux Bridge from the proceeds of the sales tax revenues from the Special Taxing District.

 

 

 

 

Upon motion of Ernest Ledet, duly seconded by Glenn Michael Angelle, and unanimously carried, the Board of Aldermen introduced Ordinance #2244 (An ordinance to amend Chapter 23 of the Code of Ordinance by the repeal, amendment, revision, enactment, and/or re-enactment of Sections 23-5.10a and 23-5.11 regarding zoning regulations).

 

Upon motion of Howard Alexander, and duly seconded by Ernest Ledet, and an abstention from Aldermen Glenn Michael Angelle, upon approval by City Attorney, Bart Hebert, the Board of Aldermen authorized Mayor Calais to sign the Slemco Franchise Agreement and the Slemco Street Lighting Agreement.

 

Upon motion of Howard Alexander, duly seconded by Glenn Michael Angelle, and unanimously carried, the Board of Aldermen awarded the bid for the Utility Relocation at Doyle Melancon Road and Grand Point Avenue for the roundabout to Elliott Construction.

 

Upon motion of Howard Alexander, duly seconded by Glenn Michael Angelle, and unanimously carried, the Board of Aldermen adopted the following resolution concerning the Breaux Bridge Municipal Water Pollution Prevention Environmental Audit Report:

 

CITY OF BREAUX BRIDGE

 

RESOLUTION

 

MUNICIPAL WATER POLLUTION PREVENTION

 

 

BE IT RESOLVED that the City of Breaux Bridge, Louisiana informs the Louisiana Department of Environmental Quality that the following actions were taken by the Mayor and Board of Aldermen.

 

  1. Reviewed the Municipal Water Pollution Prevention Environmental Audit Report, which is attached to this Resolution.

 

 

This Resolution shall become effective immediately upon its adoption.

By motion of Aldermen Howard Alexander, duly seconded by Aldermen Glenn Michael Angelle, the above Resolution was adopted by the following vote on this 13th day of March 2018:

 

 

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

NAYS:            None

ABSENT:       None

ABSTAIN:     None

 

 

Signed: ________________________________________________

Ricky J. Calais, Mayor, City of Breaux Bridge

 

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 City Council of the City of Breaux Bridge on March 13, 2018, at which time a quorum was present and voting.

 

_____________________________

PATTIE DUPUIS, CLERK

 

 

Upon motion of Glenn Michael Angelle, duly seconded by Howard Alexander, and unanimously carried, the Board of Aldermen granted permission to AT&T to lease city property located at 1100 Begnaud Street, known as the sewer oxidation pond, to place a radio tower.

 

Upon motion of Howard Alexander, duly seconded by Brenda Castille Hobbs, and unanimously carried, the Board of Aldermen authorized Mayor Calais to contact DOTD to consider changing the name of the downtown bridge to “Gary ‘Bimmie’ Champagne Memorial Bridge.”

 

Upon unanimous motion and a unanimous second, the Board of Aldermen appointed Ellen Champagne the Alderman replacement for the unexpired term in District E.

 

Upon motion of Brenda Castille Hobbs, duly seconded by Ernest Ledet, and unanimously carried, the meeting was adjourned.

 

______________________________                                                ______________________________

Pattie B. Dupuis                                                                       Ricky J. Calais

City Clerk                                                                                Mayor