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, BREAUX BRIDGE, LOUISIANA 70517, AT 6:00 P.M. ON TUESDAY, OCTOBER 8, 2019.

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

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

Absent:  Ryan Breaux

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 Neil Melancon, duly seconded by Ernest J. Ledet and unanimously carried, the following items were added to the agenda:

            Item # 12 – Introduce Ordinance # 2257 (An ordinance providing for the levy within the

            City of Breaux Bridge, State of Louisiana, effective January 1, 20230, of a one percent

            (1%) sales and use tax (the “Tax”) 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

upon the sale of services in said City and for the assessment, collection, payment thereof

and the dedication of the proceeds of said Tax and the purpose for which the proceeds of

the Tax may be expended, said Tax having been authorized at a special election held in

the City on November 16, 2019).

Item # 13 – Consider approval for Mayor Calais to accept the Hollier Road Sewer Main

Installation by act of dedication from Fleur Des Lis Homes to the City of Breaux Bridge

upon recommendation from the City Engineer.

Item # 14 – Introduce Ordinance # 2258 (authorizing the execution of a Cooperative

Endeavor Agreement/Intergovernmental Agreement with the St. Martin Parish

Government and Sales Tax District No. 1 of the Parish of St. Martin, State of

Louisiana (“SMP District No. 1”), whereby should the one-Cent Breaux Bridge Sales

Tax proposition on the ballot for the election of November 16, 2019 be approved by the

electorate of the City of Breaux Bridge, Louisiana, the City agrees to abate such

additional l% sales tax insofar as to areas of City located within SMP District No. 1

until October 1, 2022, in exchange for St. Martin Parish Government assuming full

responsibility for maintenance of all road infrastructure in all areas of the City located

within SMP District No. 1 until October 1, 2022, and providing for other matters

relative thereto).

Upon motion of Scotty Borel, duly seconded by Eddy LeBlanc and unanimously carried, the council approved deleting Item #10 (Consider recommendation to the Retirement Community Oversight Committee) from the agenda.

Upon motion of Neil Melancon, duly seconded by Eddy LeBlanc and unanimously carried, the minutes of the September 10, 2019 council meeting were approved.

Upon motion of Eddy LeBlanc, duly seconded Ernest J. Ledet and unanimously carried the council approved introducing Ordinance #2255(An ordinance to amend Chapter 23 of the Code of Ordinances by the repeal, amendment, revision, enactment, and/or re-enactment of Sections 23-5.19 through 23-5.19.16 and Section 23-7.8.15 regarding zoning regulations.)   and the public hearing be held at the November 12, 2019 council meeting.

Upon motion of Neil Melancon, duly seconded by Ernest J. Ledet and unanimously carried the council approved introducing Ordinance #2256 (An ordinance to amend Chapter 23 of the Code of Ordinances for the City of Breaux Bridge, Louisiana, by the repeal, amendment, revision, enactment, and/or reclassification of Sections 23-5.16 through 23-5.16.9 adopted per Ordinance 2247 to Sections 23-5.17 through 23-5.17.9, regarding zoning regulations.) and the public hearing be held at the November 12, 2019 council meeting.

Upon motion of Ernest J. Ledet, duly seconded by Neil Melancon and unanimously carried, the public hearing on Ordinance # 2254(An ordinance to amend Chapter 18, Article II of the Code of Ordinances for the City of Breaux Bridge, Louisiana, by the repeal, amendment, revision, enactment, and/or re-enactment of Sections 18-51 through 18-57, relative to drainage structure installation.) was opened.

Mayor Calais explained that with input from the City Engineer and City Attorney Bart     Hebert a few improvements to the culverts should be added as to what the city is requiring and in some of the broad areas the Mayor can make recommendation as to what is appropriate.

City Attorney Bart Hebert explained that a few years ago ordinances were put in place but there were a few discrepancies as to what the policy was, so the city is updating the policy (the ordinance is not changing), to make it clearer and more specific.

Upon motion of Ernest J. Ledet, duly seconded by Eddy LeBlanc and unanimously carried, there being no public input the hearing was closed.

Upon motion of Eddy LeBlanc, duly seconded by Scotty Borel and unanimously carried, the following Ordinance #2254 was adopted:

                                                                        ORDINANCE #2254

An ordinance to amend Chapter 18, Article II of the Code of Ordinances for the City of Breaux Bridge, Louisiana, by the repeal, amendment, revision, enactment, and/or re-enactment of Sections 18-51 through 18-57, relative to drainage structure installation.

            BE IT ORDAINED by the Board of Alderman for the City of Breaux Bridge, Louisiana duly convened in regular session on the 8th day of October 2019, that:

            Article II of Chapter 18 of the Code of Ordinances for the City of Breaux Bridge, Louisiana, be amended by the repeal, amendment, revision, enactment, and/or re-enactment of Sections 18-51 through 18-57, as follows:

Sec. 18-51. – Specifications.

No culvert, inlet or catch basin structure or other drainage structure shall be permitted to be installed in any drainage ditch or other location within the corporate limits of the city that do not consist of such materials, and strictly comply with such specifications, required under the city’s written policies for Materials and Criteria for Storm Drainage Culvert & Catch Basin Installations, as may be amended from time to time (collectively, the “Drainage Policies”). The Drainage Policies shall be made available to the public at City Hall.

Sec. 18-52. – Permit required.

(a)        Before any culvert, inlet or catch basin structure or other drainage structure is installed, a permit shall first be obtained from the city by the owner of the property to be served by the installation, and the fee for such permit shall be paid to the city, which fee shall be in accordance with the fee schedule established by the city and set forth in the Drainage Policies. Schedules of these fees shall be made available to the public at City Hall.

(b)        Once the permit is obtained, but before any work may commence, the supervisor of public works, or any other person so designated by the city, shall determine and establish the size, grade, and elevation of the pipe, and the size, number, and spacing of each catch basin and inlet required by this chapter. The services of the city engineer shall be retained to assist city personnel in determining the proper installation of all such culverts, inlet or catch basin structures and other drainage structures relative to the size, type, grade, and the elevation thereof.

(c)        The fees described in subsection (a) of this section shall not apply in those instances where a culvert, inlet or catch basin structure or other drainage structure is being installed in place of another drainage device which has been damaged or, for whatever reason, will no longer accommodate proper drainage. Notwithstanding the foregoing, the provisions of subsection (b) herein shall remain applicable in such instances.

Sec. 18-53. – Owner responsible for the installation and cost of structures and related materials.

(a)        The culvert and other drainage structures such as catch basins and inlets shall be furnished and installed by the owner of the property to be served by the installation, or his agent, at the owner’s sole and exclusive cost and expense. Under no circumstances shall the city be required to perform any installation work or provide any of the drainage structures associated therewith. Furthermore, no installation shall be covered with any soil, limestone, or other materials until the project has been inspected by the supervisor of public works, or any other person so designated by the city, and approval secured from that person verifying that the installation of the drainage structures has been in accordance with the minimum standards established by the city and/or its engineer for the particular project.

(b)        In all cases, the materials, including but not limited to, soil, limestone, or other materials used to cover the installation shall be provided by the property owner at his sole and exclusive expense. Care shall be taken by all parties concerned in the drainage project so as not to allow heavy vehicles to damage any drainage structures or dislodge them from their proper position(s).

Sec. 18-54. – Inspection required.

After placement, and before the culvert, inlet or catch basin structure or other drainage structure is covered by dirt, concrete or any other substance, the property owner shall notify and allow the supervisor of public works, or any other person so designated by the city, to make an inspection to insure the proper materials for, and proper installation of, the drainage structures. If the drainage structures are found to be of improper material or improperly installed, the property owner will be notified and allowed 72 hours within which to replace the improper material or correct the installation, as applicable, in default of which the city may remove and/or correctly install proper drainage structure(s), at the cost of the property owner.

Sec. 18-55. – Correction of improper installation.

If the supervisor of public works, or any other person so designated by the city, determines that there is a drainage structure consisting of materials that has been installed in violation of the Drainage Policies, or there is an improper existing drainage structure which is restricting flow, is not otherwise in accordance with this article, or does not conform to the drainage needs of the city, the city is hereby authorized to correct, or remove and replace such drainage structure, at the cost of the property owner.

Sec. 18-56. – Unlawful actions.

It shall be unlawful for the owner of any immovable property situated within the city to allow on his property the construction or installation of any drainage structures of improper size, grade, slope, or material, or otherwise in violation of this article. It shall be unlawful for any owner or occupant of any immovable property to divert, block, or restrict the natural flow of water. It shall be unlawful for any owner or occupant of any immovable property to deny the work crews and equipment of the city, or its authorized contractors, access to any ditch, coulee, or other drainage structure for the purpose of constructing, maintaining, cleaning, and/or repairing such ditch, coulee, or other drainage structure.

Sec. 18-57. – Penalties.

Whoever violates any provision of this article shall be punished, for each violation, by the fines described below and shall be summoned to the ward 4 court in connection therewith.

(1)        For a first conviction, such person shall be fined not more than $100.00.

(2)        For a second conviction, such person shall be fined not more than $200.00.

(3)        For a third conviction, such person shall be fined not more than $300.00.   

Each day that each such violation exists shall be considered a separate violation.

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 8th day of October, 2019, that this ordinance shall become effective immediately upon the signature of the Mayor of the City of Breaux Bridge, Louisiana, the lapse of ten (10) days after receipt by 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 Eddy LeBlanc, seconded by Scotty Borel, and upon verification and assurance that the foregoing ordinance was:

  1. Introduced on September 10, 2019, 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 8th day of October, 2019.

The Board of Aldermen, on the 8th day of October, 2019, adopted Ordinance Number 2254 by virtue of the following votes:

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

NAYS: None

ABSENT: Ryan Breaux

ABSENTIONS: None

ATTEST:                                                                               APPROVED:

/S/ Kristi LeBlanc                                                                   /S/ Ricky Calais

KRISTI LEBLANC,                                                              RICKY CALAIS,

CITY CLERK                                                                                    MAYOR

October 9, 2019                                                                      October 9, 2019___

DATE                                                                                     DATE

Upon motion of Neil Melancon, duly seconded by Scotty Borel and unanimously carried, the council approved introducing Ordinance #2257 (An ordinance providing for the levy within the

City of Breaux Bridge, State of Louisiana, effective January 1, 2020, of a one percent

(1%) sales and use tax (the “Tax”) 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

upon the sale of services in said City and for the assessment, collection, payment thereof

and the dedication of the proceeds of said Tax and the purpose for which the proceeds of

the Tax may be expended, said Tax having been authorized at a special election held in

the City on November 16, 2019) and the public hearing be held at the November 12, 2019 council meeting.

Upon motion of Neil Melancon, duly seconded by Ernest J. Ledet and unanimously carried, the council approved for Mayor Calais to accept the Hollier Road Sewer Main Installation by act of dedication from Fleur Des Lis Homes to the City of Breaux Bridge upon recommendation from the City Engineer.

Upon motion of Neil Melancon, duly seconded by Ernest J. Ledet and unanimously carried the council approved introducing Ordinance #2258 (authorizing the execution of a Cooperative Endeavor Agreement/Intergovernmental Agreement with the St. Martin Parish

Government and Sales Tax District No. 1 of the Parish of St. Martin, State of

Louisiana (“SMP District No. 1”), whereby should the one-Cent Breaux Bridge Sales

Tax proposition on the ballot for the election of November 16, 2019 be approved by the

electorate of the City of Breaux Bridge, Louisiana, the City agrees to abate such

additional l% sales tax insofar as to areas of City located within SMP District No. 1

until October 1, 2022, in exchange for St. Martin Parish Government assuming full

responsibility for maintenance of all road infrastructure in all areas of the City located

within SMP District No. 1 until October 1, 2022, and providing for other matters

relative thereto.) and the public hearing be held at the November 12, 2019 council meeting.

Upon motion of Ernest J. Ledet, duly seconded by Eddy LeBlanc and unanimously carried the meeting was adjourned.

___________________                                  ___________________

Kristi LeBlanc                                                 Ricky J. Calais

City Clerk                                                       Mayor