Chairman Stewart: Yesterday, we announced that Mr. Huckaby was leaving the hospital and I'm proud to report, based on my discussion with Mr. Shyne, that he is home. He was having some complications following an accident, but he is in good health and we look forward to seeing him soon.
On roll call, the following members were present: Councilmen Stewart, Carmody, Serio (3:20) Spigener, Shyne and Burrell (3:10). 6. Absent: Councilman Huckaby. 1.
Approval of the Summary Minutes of the Administrative Conference of January 25, 1999 the Regular Meeting of January 26, 1999 and the Agenda as Amended. Motion by Councilman Carmody, seconded by Councilman Shyne and approved by the following vote: Ayes: Councilmen Stewart, Carmody, Spigener and Shyne. 4. Nays: None. Absent: Councilmen Huckaby, Serio and Burrell. 3.
Motion by Councilman Shyne to suspend the Rules to consider Resolution Nos. 245 of 1998 and 30 of 1999. Motion approved by the following vote: Ayes: Councilmen Stewart, Carmody, Spigener and Shyne. 4. Nays: None. Absent: Councilmen Huckaby, Serio and Burrell. 3.
Chairman Stewart: In order to expedite issues associated with communication of New York City, Mr. Schlueter, I understand you have some information concerning Resolution No. 245. Mr. Schlueter: Resolution 245 is ready for final adoption. This is a resolution providing for the advance refunding of a portion of the 1993 General Obligation Bonds that were issued for paving and drainage. The proposal from the Underwriter will result in an average interest rate of approximately 4.45% which is a reduction from the nearly 6% on the outstanding 1993 General Bonds. As indicated by the Mayor previously, the net savings, net of all cost to taxpayers will be in excess of $810,000. That savings will be realized by the taxpayers in lower payments each year without any debt extension in approximately equal amounts each year through the final maturity of the bonds in early 2013. The resolution before you will provide for the actual sale of the bonds, lock in those savings and will complete the transactions, deliver of the bonds later in March. I understand that there is also two technical amendments that the Clerk has, two amendments that I believe you have before you. (The Council considered the resolution, see in numerical order of Resolutions on Second Reading and Final Passage.)
Mr. Schlueter: Thank you very much and I appreciate you moving it up on the agenda, and we will make the appropriate notifications right away; thank you very much. Chairman Stewart: My understanding is, if we move it up so you can call New York so we can get a better rate. Mr. Schlueter: Actually the rate is locked in, but we will be able to lock in the savings that we just indicated to you by purchasing the treasury securities this afternoon as opposed to waiting until tomorrow because the rates change daily.
Awards, Recognition of Distinguished Guests and Communications of the Mayor Which Are Required by Law. Councilman Burrell: This is Ms. Joyce Price who is over the Student Referral Alternative Center at New Elizabeth Baptist Church and I want to get the Clerk to read this resolution. (The Council considered the resolution, see in numerical order of Resolutions on Second Reading and Final Passage.)
Mayor Hightower: Edna, if I can get you, Charles and Cynthia, to come up. I want to take just a minute to present this award from the Government Finance Officers Association. It reads: Distinguished Budget Presentation Award presented to the City of Shreveport. And this is due to the excellent budget presentation that was presented to us as a City Council for the 1999 budget process, so it is a great looking award. Something well deserved, something that was put together good and I did think that it would be worth the public recognition to hand this over to the Budget Office. Ms. Delphin: Thank you.
Mr. Antee: We have two items to add to the agenda: 1. Confirmation of Mr. Stephen Carby, as Assistant City Attorney and I think that was provided to each of you and that comes with the recommendation of Mr. Lafitte, the City Attorney. 2. An ordinance enacting Chapter II, Article IV, Division 11 of the Code of Ordinance titled Fire Department Management Analyst which is creating a part-time assistant to the Fire Chief. Motion by Councilman Shyne to add the two items by the Administration to the Agenda, seconded by Councilman Burrell. Motion approved by the following vote: Ayes: Councilmen Stewart, Carmody, Serio, Spigener, Shyne and Burrell. 6. Nays: None. Absent: Councilman Huckaby. 1.
Councilman Burrell: I want to recognize someone else that we have in our audience that I had asked to come here today and that is Mr. Paxton. Mr. Paxton has had his boxing gym over, I believe he said, some 20 some odd years, I believe that he has been working with these young men. Many of them are at-risk kids and many of them are those who have had problems in our schools that have been a part of the system, also. And he has brought them there and in my opinion from a preventive standpoint, has helped change their lives.
And also we have someone else here and I want him to come forward and that is Mr. Laborde , one of our young people with the City and he was a golden glove boxer himself, if I remember correctly, you can straighten me out, if not. But at this time, I would like to recognize them and ask them for a comment because we have coming up on our agenda a waiver of fees for the Golden Glove competition that is coming up.
Mr. Ray Paxton: I been running a gym at 2636 Fulton for 27 years, and I've worked with probably over 4,000 young persons during my career. Last year we had the best state team in Louisiana. I've carried two kids to the Internationals, both of them went to a Quarters final and I had one got defeated in the (inaudible) gym, made it to the Quarter Final. I'm asking the City Council, I want to run a state golden gloves which has never been held in Shreveport, Louisiana. I want to hold it March 20 and 21 and I want to use the Municipal Auditorium and I'm asking the City Council for a waiver for that purpose. And it will really be no profit made, I'm doing it for the youth of Shreveport to advance them to be able to go to the national tournaments and maybe create more activities for young people in the city of Shreveport.
Councilman Burrell: Mr. Laborde, you fought under, was Irishman. Was he still living when you were fighting? Mr. Laborde: No, sir beginning it was Walter Dement and in the end it was Mr. Jamie Fields, but in the interim I would like to just add to what Mr. Paxton said. As far as the Golden Gloves coming to Shreveport, I think it would be a fantastic opportunity for the city. I, myself, fought the last time there was a major tournament here, it was held in the Coliseum and we had quite a turnout of people and it was a positive influence not only for myself, but it was national recognition for the city and for the sport of amateur boxing here in Shreveport. And I'm not sure if any of you are familiar with it, but at one time, Shreveport did boast one of the top amateur teams in the world and now, Mr. Paxton and some of the city leaders here today that we are trying to put together another program for the city of Shreveport, we again hope to start the same type of excitement. As far as the tournament coming in March, I'm more than happy--I'm very happy to be working with Mr. Paxton in any capacity that I can to help it become a successful. Mr. Burrell stated that it benefits at-risk youth. At that particular point in time, when begin to fight, I was myself one of those at-risk youth and Mr. Dement saw something good and he brought it into Irish McNeel. And today, I stand before you a successful man. So, boxing itself is just something that everybody should embrace. It is not a barbaric sport, it is not a violent sport at all, actually, it is art. So if there is no problem, I would be ecstatic to see that Mr. Paxton's program and everything just comes about. Mayor Hightower: I would ask that he show ya'll his fist. Councilman Carmody: If I remember correctly, you fought at the Hirsch. Mr. Laborde: Yes, sir. Councilman Carmody: I remember Tommy "Hit Man" Hearne was there that night, and I very much enjoyed it, it was a fantastic evening. Mr. Laborde: Thank you.
Councilman Burrell Also, as you know as part of our bond issue and the building of the Bilberry recreation center, we are proposing to have in it, the first boxing program I guess for the City of Shreveport because the other one was actually Irish McNeel, it wasn't associated with Shreveport. And we've purchased the equipment, Gary Norman, he says that the equipment has come in, at least part of it has come in and we are hoping to have a boxing program for the City of Shreveport that will compliment the one that Mr. Paxton has over there. And hopefully this program will be an entrant level program that will bring young people in who would be interested in the program and develop them to a certain point and then we could possibly pass them off to Mr. Paxton who then sharpens their expertise and become competitive. We haven't worked out those details yet, but we are well on our way to doing this and we are hoping to bring boxing back to Shreveport. And again, this Golden Glove competition is a prelude to a competition that will be televised here which will be our women boxing. You might say something about that Mr. Paxton, I think, are you aware of that? You are aware of that, I'm sure. Mr. Paxton: Yes, I'm aware of it and I'm North Louisiana State Director of Amateur Boxing and U. S.A. boxing and our President, Don Ebarb, with me and him, will be working on helping ya'll get the bids on a Women's National 2000; so, I think we can help the city quite a bit. Councilman Burrell: And it will be brought here by the Shreveport Regional Sport Authority. Mr. Paxton: Right.
Chairman Stewart: We have as our Guest today, they were here yesterday, Mr. Charles A. Mazziotti, Director of the Office of Emergency Preparedness and Mr. Michael Penaluna. We are getting a briefing today, he was kind enough, the two of them to come yesterday when we realized that the importance of his message for the entire community was most beneficial to everyone. He was kind enough to come back so we could have it recorded for t.v. and our entire community.
Mr. Mazziotti: We appreciate being here and I got Mike here to answer any questions that you might have because he has been working a little bit closer with these groups over the past several months. But I would like to thank Councilman Shyne for this invitation to speak here and we appreciate it very much to update you in that packet I gave you yesterday, if you don't have it with you today, we have some more packets and we will put them up here in case you would like to take one of those with you because they do go into quite a bit more detail than what I will on or 5 or 6 minutes here. But this is a summarization of where we stand locally on Y2K and how we fit in with some of the other public entities, state and federal.
Caddo Bossier Officer of Emergency Preparedness (OEP) serves all four local governments in the mitigation preparedness response and recovery from disasters or potential disasters including the Y2K millennium bug you've heard so much about. I'm here to assure you that the Caddo Bossier OEP is dedicated to coordinate emergency operations, communications, resources, and public information in the event of any Y2K related problem. For the past several months, our office has worked with several strategic government and private groups and will continue to meet with all of the essential services of our area: SWEPCO, Arkla, BellSouth, Water and Sewerage, Public Works, law enforcement, fire and rescue, Barksdale, National Guard, et cetera.
OEP has collected data from over 100 critical services and in the months ahead, we will conduct meetings, provide materials and news releases to the public with factual information on Y2K at the local, state, and federal levels. At this time our current data and discussions with local mission essential services concerning Y2K are quite favorable. Compliance dates for local Y2K inventories are now at 100%. Assessments average 95%, compliance is currently 70% but we expect it to be over 95% by late summer. And about 40% of these essential public and private services and their related vendors have already tested their systems for Y2K successfully, those are tests run after meeting their goals. But we expect that those goals for testing will be also at 95% or higher by the end of this summer or early fall.
Contingency or back up plans. For Y2K essential services, such as electric power, telecommunications, water and sewerage and emergency services are currently underway. It is just having a back up plan which in the event of a Y2K problem, although we don't see any or don't see any significant problems here locally, in the event they will have that contingency plan and we will work with them through our emergency operation centers. I understand you already have the City of Shreveport survey of departmental status on Y2K complied and provided to you earlier by the Mayor's Executive Assistant Liz Swaine. OEP has also provided you a detailed update of our four local governments, its Y2K status, a sample compliance questionnaire, and a schedule of Y2K meetings and activities. I'm pleased to announce that our four local governments, Shreveport and Bossier City, Caddo and Bossier Parishes, either have met Y2K compliance standards or will meet these goals by late summer or early fall. Our office has also checked with smaller townships within the two parishes as well.
I'm also pleased to announce that SWEPCO, BellSouth and Arkla will be 100% compliant with summer. They will continue to met with us and continue to test their systems throughout the year. Also, all financial institutions are either Y2K compliant now or soon will be. They have been noted national for their coordination and progress to ensure their Y2K compliance.
State and federal Y2K compliance and contingency plans are also included for your information in that report. These reports are quite favorable with state and federal departments, compliant by mid-Summer and 100% compliant by Fall.
The key to effective Y2K management or other potential disasters facing our area is planning. Effective contingency planning efforts by local governments, state and federal departments continue to meet target dates. Although Y2K issues and concerns are real, Caddo Bossier OEP anticipates few problems as we enter into the Year 2000. At this time, any disruptions would be quite localized where smaller jurisdictions did not address the problems. If any problems were to occur in our area, we would activate either or both of our parish EOCs in the same manner that we would manage an ice storm, tornado or flood. Emergency generators and communications are in place to coordinate National Guard assistance and meet the demands of our area residents. National Guard or other state assistance must be requested through our office. Of course we will request that action on your behalf for any emergency whether it is a tornado, flood, ice storm, hazardous materials incident, act of terrorism or Y2K emergency. I want to assure the residents of Shreveport, Bossier City, Caddo and Bossier parishes, that all essential services and related deeds are being addressed. Local government emergency services, utilities, medical, financial, state and federal are currently Y2K compliant or will be in compliance over the next several months.
We also want area residents to be careful not to be taken in by some companies who are capitalizing on Y2K fears. There are many well intentioned groups that will continue to express doom and gloom feelings or even the end of the world, but please understand we are certainly in favor of preparedness for all types of disasters, that's our business. But when comparing the facts of potential risk to our area, I personally feel that our greatest threats to the Shreveport area or to the state of Louisiana or to the nation, like earthquakes, floods, ice storms, hurricanes or hazardous materials incidents are a greater threat then what we have for Y2K. I quote from the Dallas Morning News, "Some people are creating their own disaster, a friend said. If I lose money in the bank, it won't be because of Y2K, it will be because everyone else ran down and took their money out. There will be undoubtedly some glitches come January 1 and a few basic preparations would only be wise, save the bank statements, have a little cash and some groceries on hand. In other words, prepare as you might for an ice storm, not for nuclear winter, but above all don't fret. What's that thing Roosevelt said, the only thing we have to fear ain't Y2K." Being able to plan, respond, and recover from these disasters will undoubtedly help us to cope with any Y2K problems. However, I also will not diminish the need to plan and prepare for Y2K problems just as area residents should plan and prepare for a flood or a ice storm.
Our office maintains disaster brochures and other preparedness materials that we intend to regularly distribute to the public through the news media. These materials list water, food, first aid, tools and supplies, clothing and bedding and other special items that may be needed for any type of emergency. Also please note that within your packet you will find two and half pages of organizations and departments that are either Y2K compliant right now, this is locally or have estimated compliance dates within the coming months. This list will grow as we continue to met with other departments and units throughout our area. OEP plans to assist and address any of your concerns as well as those of your constituents concerning Y2K or other potential emergencies.
The Caddo Bossier Office of Emergency Preparedness will continue to plan and prepare for all types of emergencies through our four phases of planning or four phases: mitigation or prevention, preparedness or training, response, and recovery. We will act on your behalf through your command center, the EOC or Emergency Operations Center located within the 9-1-1 facility, a block from City Hall. Once again thank you so much for this opportunity to update you on the status of Y2K.
Councilman Shyne: Chuck, I think you had a fine report. I have not been able to read all of the information here, but I like a lot of other citizens do have some concern whether they are make believe or not. I represent a lot of citizens who are, what we classified as inner-city people who in case of an emergency would not be able to provide for themselves, lets say like maybe, the people who live in the suburbs who might be a little bit more affluent. And I'm really concerned about their well being, people in Mooretown, Hollywood, Sunset Acres, Werner Park, the Cooper Road, Allendale, Lakeside, who might not have the financial means of being able to do a lot of things for themselves. Is there a concerted effort being made to maybe devise some type of a plan that would help our inner-city citizens in order to make it through this time, if it does happen, especially for water and food? Mr. Mazziotti: Yes, we would certainly do that. We have, we are directly under the National Guard of the State Emergency Preparedness Office, the National Guard, they would come into any location to assist on that. Of course we've worked closely with the Red Cross as well on food. If there is any problems at all, it probably would be very localized and we think small communities are more at risk. We do not at this point, from what we gather, we only see a few small glitches of anything and they would be taken care of in that facility, that hospital, that particular isolated location. But as far as the services going to the inner-city, we foresee it being that them receiving the same service that they are now just as well as the outskirts of the city on electrical power, on sewerage, water, gas, and the like. But in that event we would treat it just like an ice storm or a tornado and get the services that the inner-city group would need, we would have it there, we would coordinate it with out state office and any resources that were needed, we would get those resources to them, there is not doubt about it.
Councilman Shyne: So what you are saying then, there is no special plan, there are no special efforts that are being put in place to make sure that the inner-city is prepared? It is just a general plan. Mr. Mazziotti: The Caddo Bossier Emergency Operations Plan covers all aspects, for all people of the city of Shreveport and Caddo and Bossier Parishes, in the event of any type of disaster and that will be carried out fully into four phases: mitigation, response, recovery, and preparedness phase, an earlier phase and we will go through that. And as far as addressing any one group, we don't isolate out any one group. They'd all be treated and receive the needs, the resources that were necessary.
Councilman Shyne: The reason why I'm saying it, and sometimes you might have isolate and do a little bit more for some groups than you do for others. It might not be your way of thinking, but from working in the community I found out, sometimes you have to do that. And from my standpoint, I've gotten some calls from some persons who live in the inner city, then I've also talked to some who live in the inner city who don't know anything about what we are talking about, who are completely loss, have no idea at all. If something would happen, they would be almost like living on Mars. I mean, they have no idea, no concept at all. A lot of them don't even take the Shreveport Times or the Shreveport Sun, and a lot of times they are not even in tune to the news media.
What I would like to see, and this has to do with economics. I'd like to see a concerted effort by your group to make sure that information is placed in our inner-city churches, our inner-city schools, and other organizations that deal with people who are from the inner-city. Now, talking to people who live in the suburbs or people who live in more affluent neighborhoods, they know more about what we are talking about. So, what you are saying is, what you are talking about, would be alright with them because they understand what's going on, but you go and talk to somebody who live on Broadway over in Mooretown, they don't know anything about what you talking about. I'm concerned about those people and what you are telling me is that no special effort is being made by your office to make sure that we get this information, we have a plan that will work for everybody.
I would like to see something where we could make sure that we kind of tail-mate a plan where we can let these persons that are not traditionally aware of what's going on, be made aware of what's going on. And you are exactly right, like in your mind, it might not be no big problem, but you have others who feel like, hey look, Councilman, this is a major problem that we might face and I'd rather be prepared for it, than not to be prepared for it and it happens. And I also would like to ask you, what about our---I heard something earlier about a back-up generator for the Water Department, that it was not working or it would not work. Have we worked to. . . ? Mr. Mazziotti: Well, we working on all those problems and meeting with all of those departments, so that there are back-up generators in place. That is something that we would need not just for a Y2K glitch, but it would be for any type of disaster or emergency or a problem at the water plant itself. We will make a concerted effort to make sure that all citizens of the inner city are aware. We will take your suggestion of going to the churches and the schools and distributing information so that they have that. What we are concerned with is, and this is for the whole city and the whole parish and to some degree the states and the country, there is a lot of mis-information out there and we do not feel it---we don't want the mis-information to get out, but we want enough information so they feel like they are protected, which they are. We see very few problems at this point, as long as these dates are met and they seem to be being met, they are on schedule. The critical services, sort of the top of the pentacle, the top of pyramid is SWEPCO in this case and everything else sort of hinges on that. So as SWEPCO goes, we will go everything else. SWEPCO is right on target. They've met all of their needs for Y2K compliance, they are testing their systems now. We expect December 31 to turn over to January 1 with relatively few problems, except for some third world countries and how they handle their problems, I have nothing to do with. But as far as the two parishes go here, I feel fairly comfortable about it and we will meet with those, but we will certainly take your suggestions and get that information to them. We have several good brochures that we can get out to those people so that they understand what it might be, what might happen, and what they should have on hand.
Councilman Shyne: I appreciate that and that makes me feel much more comfortable than just saying that you have a plan and it is there in place, and we are doing this, but we are not really making a special effort to make sure that all of our citizens are aware of what is going on and that is why I would be glad to work with you at any time and there are other groups who would be glad to work with you to make sure, to make sure that all of our citizens are aware of what's going on and I feel like that we have a moral obligation responsibility to make sure that those of us that live in the community that might not be as fortunate as others, when it comes to a disaster that we are just as prepared. We have just as much knowledge as the others. So if there if it is anything that I can do to help you to facilitate that, please call on me. Mr. Mazziotti: I'd like to add that we are probably, the two parishes here and the two cities, are if not one of the most prepared, we are very near the top, in the country. We have, we are the only two parish area or two country area in the nation that has automatic telephone warning system to every home, every telephone in the two parishes and that we can ring up simultaneously, 212 telephone per minute with a message. In other words, we can cover well over 1,000 telephones in a particular area and advise them also if a problem comes, not just Y2K, but another. So in those specific areas, we can get out specific information very quickly, voice message 3 a.m. in the morning or 3 p.m. in the afternoon.
Councilman Shyne: This is what I needed to know. If I had not asked and made the other comments, you would have not have told me, just what you got through telling me. So this is why it is very important for us to have these kinds of dialogues. This is why it is very important for us to embrace questions from individuals and from groups who might not be as positive about it as you. I mean, it takes all of this in order to make the situation go like it should go. Mr. Mazziotti: Being funded by four different groups, including the City of Shreveport, our largest funder all based upon population, we have a very good organization. We save the four local governments money by having one operation, built in mutual aid system with four governments, it works quite well and we hope to continue that. I'll go ahead and give you and the rest of the Council, provide you with some information on what our office does in association with what we have done with some of the schools and some of the other programs through here, but we have a very fine Civil Defense Emergency Preparedness Organization and have won many awards for some of our programs that we have done. And that's why I want to assure you, the City Council we will continue to do so and continue to work on this problem and we'll keep you briefed as this progress goes. Councilman Shyne: Thank you very much.
Councilman Spigener: You alluded to the telephone system that can warn people at any time of the day or the night of a problem and I believe this system has been used in a situation in my area, concerning flooding in one of the subdivisions. And I have had reports from the residents of that particular location how much more comforting and assuring it is to go to bed when it is pouring rain at however many inches an hour and their subject to flooding, this was the Southern Oaks Subdivision and I know that that has brought a lot of comfort to the people of that particular area. Mr. Mazziotti: It has and this is shared project that we've had, we are actually in our seventh year of this and it is 50% funded by local industry and 50% funded by our two major fire departments, two major police, and two major sheriffs offices.
Councilman Shyne: If we do not have any more questions from the Council, I see Mr. David Carmichael and if I could impose on the Council if it is the pleasure of the Council, I'd like to give him maybe a minute or two minutes. Councilman Stewart: I sense no objection. Mr. Carmichael: Let me also say on behalf of our group and its purpose we appreciate the amount of work and energy that is going into the preparation by the City lead by Mayor Hightower. We have stayed in contact with Liz Swaine, who he personally designated as the liaison and Y2K City Spokesman and we had her visit and speak on the state of readiness for the city and we are very encouraged. Let me say in brief, that we are a pro-active community recognized effort. We are not a responsive effort. We put together resources, we have come before Mr. Robert Burton's neighborhood association as recent as two weeks ago and introduced our project and have recently, since that address, we have received telephone calls from the neighborhood associations and asked to make presentations and they have also attended the most recent meeting where Ms. Liz Swaine gave a report on the city. Also, we have a plan in place and in motion working directly for and with the local church community and the neighborhood association directed by Dr. Pat Day, Dr. Rod Mastella, Dr. Fred Lawry, Dr. E. Edwards Jones, the key spiritual leaders in the community along with J. Blocker Thornton locally, Bert Moore of Moore and Moore Insurance group that is heading up the neighborhood group along with Robert Burton's particular organization. That is going to be a very effective way and has proven already to be very effective in reaching the public, the citizens.
Again, we do not respond. We are pro-active and we get the information out, we collect on daily basis. And I'd like for the record to state, as of today, Mr. Lanza of the McDade County Office of Emergency Preparedness in Miami, Florida basically has prepared this community, the county by establishing a complete warehouse of inventory on foods for the citizens in the inner-city locations of that particular populace as well as the county, that includes not only food but also supplies. I think it is imperative that our city, for its inner- city citizens as well as those in the senior class in our city that we move forward in a leadership manner and we be pro-active and provide those types of things in responsiveness for the citizens of this area.
Councilman Burrell: We've been monitoring this through out Audit and Finance Committee. There is only one statement I wanted to make, and that is I'm not as much concerned, we have simply been given reports on our readiness, I'm not so much concerned about that as the propaganda that will be placed on television and radio scaring many of our residents. Although we will tell them one thing, when they hear on the radio and television, they think another. I would love for us to be more pro-active in addressing those type of advertisements maybe from the city standpoint or from Bossier City and you all's position to counteract some of this because as we get closer to that point, you are going to probably hear that escalate. And if it escalates, if it is going to bring about fear among our community and I think we need to think about that. If we don't do anything now, at least we will be prepared to do that, counteract that. Mr. Carmichael: That's exactly our position on that issue. We have been asked by local cities of Minden and Marshall if we would help them informing and getting the motion and community group like our own. And one of the major realities that we face is the fear issue and questions that we get about taking money out of the banks for personal use and so forth. We do not recommend and we state that because that is the very thing that will cause, if you will, as Mr. Mazziotti stated earlier what will cause runs on banks and so forth, as well as your supermarkets. It will cause a run on a supermarket who only has a three day inventory, all the time. And I'll like to also before I finish, I'd like to commend the Office of Emergency Preparedness in what they are doing and we have worked together. We have attended their conferences before the hospital groups and emergency groups and we appreciate what they are doing.
Councilman Serio: Something that Mr. Burrell had alluded to and I think it is incompetent with the newspaper in the paper as well as the television stations here, that they have the key to making sure that residents realize where we are and that how important it is that they do not get overcome by fear. When actually looking at the list, it looks like most of the agencies in the city and most of the large companies in the city, communications and utilities, look they will be ready by May or June. We have one or two that look like we are making it till the Fall, but it looks overall we are shooting for 6, 7 or 8 or 9th month of the year that most businesses and agencies in the city of Shreveport be compliant. In fact some of them are actually showing like now, that they are compliant at this time, so I think it is incumbent on of the media and to take the ball with this and help us along with this so that we do not have what you are just talking about, the runs on the restaurants, the runs on the food stores, and the runs on the clothing and the shelter or whatever considering the fact somehow, people believe nothing is going to be there. But I think it is incumbent on the media to take the ball with this and hopefully maybe they'll start working really closely with the media so that they have a Y2K update, weekly. What businesses are what businesses aren't, what utilities are so that everybody understands how a good a shape we are actually are in the city of Shreveport. Mr. Carmichael: We met as recent as this morning with The Times and gave them the status report which was consistent with that in which we reported to Mayor Hightower, to Mayor Dement that was required of us in accessing the position of all services. Let me point out that there is a time line that must be considered in this process. That time line began some ten years ago in 1989 where some services began the inventory process. The inventory process is ten percent of the workload. The assessment process is ten percent of the workload. That may appear to be fifty percent of the work to be done, but that is 20% of the work to be done. On February 1, 20% of the work load had been completed. Today there is anywhere from 40 to 60% workload to be completed before testing June 30 by most of the services, and we have 131 days left until June 30. And that is what our community effort will be and that is to continue seeing the assessment and helping citizens with that particular personal planning that they are comfortable with. We deal with people on both sides of the spectrum, those that are ready to run to the hills and those that think somebody is going to take care of them. Obviously if this begins a $50 billion project across the nation and is now a $1 trillion estimated project, that is going to cost to remediate and test this across the nation, there is obviously a significant to this issue that could affect everyone across the world.
Councilman Shyne: David to you and Chuck, and I guess I'm probably might be standing by myself on this. I don't want to see a lot of fear out there but I do believe that some is good. Because if you don't have a little bit of fear then you have persons who are not really aware or concerned about what's going on. When I drive my car down the street, I am not overcome by the fear but I am afraid that somebody might run into me and it makes me stay a little bit more alert. As an athlete you almost got to have that fear that you can hurt. Any time you get to the point where you are so comfortable that you think nothing can happen to you, that is exactly when something will happen to you. I don't want a lot. I don't want a lot of fear, but I do mean that some is good because it keeps you on your toes. And I would like for you all's group to let people know that, hey look, if you are not prepared, something can happen to you and not from the standpoint of don't worry about it, big brother is going to take care of you. You just keep on doing what you are doing and everything is going to be alright; that I don't really buy into that. But I do believe a little bit of fear and concern is acceptable. I appreciate you coming up. Chuck, I appreciate you coming up and I hope that the citizens of Shreveport who are watching this on t.v. has at least learned a lot and if they just only learned enough to ask some questions, that is more than we---that's progress right there.
Communications of the Mayor and the Council. Councilman Carmody: A quick thank you to the Administration and to the Departments for last weekend's parade. I had a number of constituents from District C who had complimented the City on how well and how quickly they actively cleaning up after the parade and I think all city employees will be commended upon their part in that city and I'm sure we can expect the same service again for this parade this Saturday.
Councilman Serio: I think that the City did a good job. I would like to request, one thing that we noticed was missing this year and last year we did have some large trash barrels out on the streets and did not see any out this year. I think we pick up a little bit the few things, that wouldn't go in the streets as much because obviously the corners where the barrels were last year looking for them and they weren't there. Mr. Antee: We'll check into that Mr. Serio to make sure that they are out there. Councilman Serio: I see Mr. Strong is already nodding his head, yes; that's fine.
Public Hearings: None.
Confirmations and/or Appointments: SPAR Staff Confirmations: Motion by Councilman Shyne, seconded by Councilman Spigener for confirmation of the following persons: 1. Shelly Ragle, Assistant Director; 2. Patrick Wesley, Assistant Director; 3. Glen Evans, Division Manager, Recreation and 4. Kevin Stone, Division Manager, Special Facilities. Assistant City Attorney: 1. Mr. Stephen Carby.
Councilman Burrell: It has been brought to my attention that many of our confirmations need a two week lay over, just as part of the policy. If that is not the case and if you want to waiver that, I think we can do that. I have no problem in having the confirmations on today, but just staying within the guidelines that we have in terms of our city policy and I thought it was incumbent upon us to at least bring it to your attention. Councilman Stewart: If you'd ask Mr. Thompson to check and advise us for the next meeting. Councilman Burrell: Mr. Thompson, is that correct or is that not correct? Mr. Thompson: The Council's policy says that I will not place any matter on the agenda for confirmation unless you've had it for two weeks, all of that information that is required. However, the Council can suspend the rules, I suppose at any time and add it matter that it wants to so and I suppose, that's in essence what we did with these.
Councilman Stewart: Then if it is reasonable, I'll assume Mr. Shyne's motion included the waiver of that part of the Council's rules so that we can move forward with that at this time? Councilman Shyne: Mr. Chairman it didn't, but if you would wish for it to include, I'll be glad to go along with you on that.
Confirmations approved by the following vote: Ayes: Councilmen Stewart, Carmody, Serio, Spigener, Shyne and Burrell. 6. Nays: None. Absent: Councilman Huckaby. 1.
Councilman Stewart: Mr. Burrell thank you for bringing that to our attention and Madame Clerk
if you and Mr. Thompson, will remind us in the future, please. Ms. Lee: We will.
The Council considered the Consent Agenda legislation:
INTRODUCTION OF RESOLUTIONS AND ORDINANCES ON CONSENT:
Motion by Councilman Shyne to withdraw Ordinance No. 14 from the Consent Agenda, dealing
with the parking on Murvon Street entitled:
Ordinance No. 14 of 1999 by Councilman Shyne: An ordinance to repeal Ordinance No. 59 of
1995 restricting parking on either side of the 4100 block of Murvon Street from Broadway
Avenue to Carl Terrace and otherwise providing with respect thereto.
I would like to have a little bit more time to look at that and to check it out later, seconded by
Councilman Burrell. Mr. Thompson: Is that from the agenda, all together? Councilman Shyne:
Yes, I would like to have it removed from the agenda, altogether. Ayes: Councilmen Stewart,
Carmody, Serio, Spigener, Shyne and Burrell. 6. Nays: None. Absent: Councilman Huckaby.
1.
Motion by Councilman Shyne, seconded by Councilman Spigener for Introduction of the
Resolutions and Ordinances on the Consent Agenda. Motion approved by the following vote:
Ayes: Councilmen Stewart, Carmody, Serio, Spigener, Shyne and Burrell. 6. Nays: None.
Absent: Councilman Huckaby. 1.
INTRODUCTION OF RESOLUTIONS:
Resolution No. 24 of 1999: A resolution authorizing the Mayor to execute grant
documents with the Louisiana Commission on Law Enforcement for the acceptance of
grant funds, and otherwise provide with respect thereto.
Resolution No. 25 of 1999 by Councilman Spigener: A resolution authorizing the waiver
of the entire building rental fee for the Convention Hall for the National Women's
Political Caucus of Northwest Louisiana to hold a workshop and luncheon in conjunction
with Celebration of Women Week, and otherwise providing with respect thereto.
Resolution No. 26 of 1999 by Councilman Stewart: A resolution authorizing the waiver
of the entire building rental fee for the Expo Hall for Bass Life to hold its annual banquet
and otherwise providing with respect thereto.
Resolution No. 27 of 1999 by Councilman Stewart: A resolution authorizing the waiver
of the entire building rental fee for the Exposition Hall to allow the Associated General
Contractors to hold a Construction/Design Conference and Expo on March 10 -11, 1999
and otherwise providing with respect thereto.
5. Resolution No. 28 of 1999 by Councilman Burrell: A resolution authorizing the waiver of the
entire building rental fee for the Municipal Auditorium for the Regional Sports authority to hold
the State Golden Gloves and otherwise providing with respect thereto.
INTRODUCTION OF ORDINANCE:
Ordinance No. 13 of 1999 by Councilman Stewart: An ordinance closing and abandoning
a triangular shaped portion of Creswell Avenue in the northwest intersection with
Pierremont Road, and otherwise providing with respect thereto.
ADOPTION OF RESOLUTIONS AND ORDINANCES ON CONSENT:
Motion by Councilman Shyne, seconded by Councilman Carmody for Adoption of the
Resolutions on the Consent Agenda. Motion approved by the following vote: Ayes: Councilmen
Stewart, Carmody, Serio, Spigener, Shyne and Burrell. 6. Nays: None. Absent: Councilman
Huckaby. 1.
RESOLUTIONS:
RESOLUTION NO. 15 OF 1999
RESOLUTION AUTHORIZING THE FILING OF AN APPLICATION WITH THE
DEPARTMENT OF TRANSPORTATION, UNITED STATES OF AMERICA, FOR A GRANT
UNDER THE URBAN MASS TRANSPORTATION ACT OF 1964, AS AMENDED.
WHEREAS, the Secretary of Transportation is authorized to make grants for a mass transportation program of projects;
WHEREAS, the contract for financial assistance will impose certain obligations upon applicant, including the provision by it of the local share of the project costs in the program;
WHEREAS, it is required by the U.S. Department of Transportation, in accord with the
provisions of Title VI of the Civil Rights Act of 1964, that in connection with the filing of an
application for assistance under the Urban Mass CONTINUED - RESOLUTION NO. 15 OF
1999
Transportation Act of 1964, as amended, the applicant gives assurance that it will comply with Title VI of the Civil Rights Act of 1964, and the U.S. Department of Transportation requirements thereunder; and
WHEREAS, it is the goal of the applicant that minority business enterprise be utilized to the fullest extent possible in connection with these projects, and that definitive procedures shall be established and administered to ensure that minority businesses shall have the maximum feasible opportunity to compete for contracts when procuring construction contracts, supplies, equipment contracts, or consultant and other services.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shreveport, in due,
legal and regular session convened:
That Keith Hightower, Mayor, is authorized to execute and file an application on behalf of the City of Shreveport with the U.S. Department of Transportation, to aid in the financing of planning, capital and operating assistance projects pursuant to Section 9 of the Urban Mass Transportation Act of 1964 and the Intermodal Surface Transportation Efficiency Act (ISTEA) of 1991, as amended.
That Keith Hightower, Mayor, is authorized to execute and file with such applications an assurance or any other document required by the U.S. Department of Transportation effectuating the purpose of Title VI of the Civil Rights Act of 1964.
That Keith Hightower, Mayor, is authorized to furnish such additional information as the U.S. Department of Transportation may require in connection with the application for the program of projects and budget.
That Keith Hightower, Mayor, is authorized to set forth and execute affirmative minority business policies in connection with the program of projects and budget procurement needs.
That Keith Hightower, Mayor, is authorized to executive grant agreements on behalf of
the City of Shreveport with the U.S. Department of Transportation for aid in the financing
of the planning, capital and operating assistance program of projects and budget.
BE IT FURTHER RESOLVED that if any provision or item of this resolution or the application thereof is held invalid, such invalidity shall not affect other provisions, items or applications of the resolution which can be given effect without the invalid provisions, items or applications and to this and the provision of this resolution are hereby declared severable.
BE IT FURTHER RESOLVED that all resolutions or parts thereof in conflict herewith are
hereby repealed.
RESOLUTION NO. 16 OF 1999
A RESOLUTION AUTHORIZING THE WAIVER OF THE ENTIRE BUILDING RENTAL
FEE FOR THE EXPOSITION HALL FOR THE CADDO FEDERATION OF TEACHERS TO
HOLD A PROFESSIONAL DEVELOPMENT WORKSHOP AND OTHERWISE PROVIDING
WITH RESPECT THERETO.
BY: COUNCILMAN HUCKABY
WHEREAS, the Caddo Federation of Teachers plans to hold a professional development workshop Saturday, February 6, 1999 in the Exposition Hall; and
WHEREAS, the Caddo Federation of Teachers in a nonprofit organization that provides activities that advance public education and the teaching profession; and
WHEREAS, the academic course credit teachers receive at this workshop is accepted by the Caddo Parish School Board toward continuing education requirements; and
WHEREAS, it is therefore in the public interest and it serves a public purpose for the City to waive the entire rental fee for the use of the Exposition Hall by the Caddo Federation of Teachers.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shreveport, in due, legal and regular session convened, that the entire rental fee for the use of the Exposition Hall by the Caddo Federation of Teachers to hold a professional development workshop on February 6, 1999 is waived and the provisions of Section 26-123 and Section 26-124 of the Code of Ordinances are suspended relative to this event only.
BE IT FURTHER RESOLVED that if any provision or item of this resolution or the application thereof is held invalid, such invalidity shall not affect other provisions, items, or applications of this resolution which can be given effect without the invalid provisions, items or applications and to this end the provisions of this resolution are hereby declared severable.
BE IT FURTHER RESOLVED that all resolutions or parts thereof in conflict herewith are
hereby repealed.
RESOLUTION NO. 17 OF 1999
A RESOLUTION AUTHORIZING THE WAIVER OF THE ENTIRE BUILDING RENTAL
FEE FOR THE EXPOSITION HALL FOR THE SCHUMPERT FOUNDATION TO HOLD A
CARITAS BALL/BENEFIT AND OTHERWISE PROVIDING WITH RESPECT THERETO.
BY: COUNCILMAN STEWART
WHEREAS, the Schumpert Foundation plans to hold a Caritas Ball/Benefit February 15, 1999 in the Exposition Hall as a fund-raiser primarily for the Highland Center and Grace Home; and
WHEREAS, the Highland Center is a community organization that houses a number of non-profit organization, including the City's Weed and Seed Program, and the Grace Home is a community residential hospice. Both provide much needed care and services for citizens in the Shreveport area; and
WHEREAS, the Schumpert Foundation in a nonprofit organization that holds fund-raisers for various community endeavors and helps to foster the mission of the Sisters of Charities; therefore it is in the public interest and serves a public purpose for the City to waive the entire rental fee for the use of the Exposition Hall by the Schumpert Foundation.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shreveport, in due,
legal and regular session convened, that the entire rental fee for the use of the Exposition Hall by
the Schumpert Foundation to hold a Caritas Ball/Benefit on February 15, 1999 is waived and the
provisions of Section 26-123 and Section 26-124 of the CONTINUED - RESOLUTION NO. 17
OF 1999
Code of Ordinances are suspended relative to this event only.
BE IT FURTHER RESOLVED that if any provision or item of this resolution or the application thereof is held invalid, such invalidity shall not affect other provisions, items, or applications of this resolution which can be given effect without the invalid provisions, items or applications and to this end the provisions of this resolution are hereby declared severable.
BE IT FURTHER RESOLVED that all resolutions or parts thereof in conflict herewith are
hereby repealed.
RESOLUTION NO. 22 OF 1999
A RESOLUTION RATIFYING THE USE OF CERTAIN EQUIPMENT BY THE AFRICAN
AMERICAN HISTORY MONTH CELEBRATION COMMITTEE AND TO OTHERWISE
PROVIDE WITH RESPECT THERETO.
WHEREAS, African American History Month is observed during the month of February; and
WHEREAS, the African American History Month Committee will sponsor the annual Black History Parade on February 6, 1999 in conjunction with the month long observance; and
WHEREAS, the Committee has requested the use of certain city-owned equipment, including, a stage, public address system, and approximately 100 chairs during the parade; and
WHEREAS, the event sponsored by the African American History Month Committee will provide a benefit to the public by increasing public awareness of the contributions made by Black Americans both in the City of Shreveport and nationally.
NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Shreveport, in due, legal and regular session convened, that the use of a stage, public address system, and approximately 100 chairs by the African American History Month Committee on February 6, 1999 during the annual Black History Parade is ratified.
BE IT FURTHER RESOLVED that if any provision or item of this resolution or the application thereof is held invalid, such invalidity shall not affect other provisions, items or applications of this resolution which can be given effect without the invalid provisions, items or applications, and to this end, the provisions of this resolution are hereby declared severable.
BE IT FURTHER RESOLVED that all resolutions or parts thereof in conflict herewith are hereby repealed.
RESOLUTION NO. 23 OF 1999
A RESOLUTION AUTHORIZING THE WAIVER OF THE ENTIRE BUILDING RENTAL
FEE FOR THE CIVIC THEATER TO ALLOW THE AMICETTE CLUB TO HOLD ITS
ANNUAL VALENTINE SWEETHEART PAGEANT AND OTHERWISE PROVIDING WITH
RESPECT THERETO.
By: Councilman Huckaby
WHEREAS, the Amicette Club, a subsidiary of Zeta Phi Beta Sorority, Inc., has scheduled its Annual Valentine Sweetheart Pageant for February 6, 1999 in the Civic Theater; and
WHEREAS, the Amicette Club, a youth group for girls ages 6 through 13, participates in various local community activities such as nursing home visits, literacy, environmental and "good neighbor" projects; and
WHEREAS, these activities promote civic and cultural growth within the African American community; and
WHEREAS, the revenues generated by the Annual Valentine Pageant will defray the cost of the Zeta Phi Beta Sorority, Inc. Workshop where the club members are taught self-esteem, self-reliance and self-motivation; and
WHEREAS, the Amicette Club's community projects, and the lessons learned by the members while attending seminars and completing the community projects serve a public purpose; and
WHEREAS, it is therefore in the public interest and it serves a public purpose for the City to waive the entire rental fee for the use of the Civic Theater for the pageant on February 6, 1999.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shreveport in due, regular and legal session convened, that the entire rental fee for the use of the Civic Theater by the Amicette Club for its Annual Valentine Sweetheart Pageant on February 6, 1999 is waived and the provisions of Section 26-123 and Section 26-124 of the Code of Ordinances are suspended relative to this event only.
BE IT FURTHER RESOLVED that if any provision or item of this resolution or the application thereof is held invalid, such invalidity shall not affect other provisions, items, or applications of this resolution which can be given effect without the invalid provisions, items or applications and to this end the provisions of this resolution are hereby declared severable.
BE IT FURTHER RESOLVED that all resolutions or parts thereof in conflict herewith are
hereby repealed.
ORDINANCES: None.
The Council considered Regular Agenda legislation:
The Deputy Clerk read the resolution by title: Resolution No. 245 of 1998: A resolution
providing for the issuance and sale of Ten Million Eight Hundred Seventy-five Thousand
Dollars ($10,875,000) of General Obligation Refunding Bonds, Series 1999, of the City of
Shreveport, State of Louisiana; prescribing the form, fixing the details and providing for the
rights of the owners thereof; providing for the payment of the principal of and interest on such
bonds and the application of the proceeds thereof to the refunding of certain bonds of said city;
and providing for other matters in connection therewith.
Read by title and as read motion by Councilman Spigener, seconded by Councilman Carmody for
passage. The Deputy Clerk read the following amendments:
Amendment No. 1:
Substitute Resolution No. 245 of 1998 with the attached Resolution No. 245 of 1998 with an
adoption date of February 9, 1999.
Motion by Councilman Carmody, seconded by Councilman Spigener, for adoption of
Amendment No. 1. Motion approved by the following vote: Ayes: Councilmen Stewart,
Carmody, Spigener, Shyne and Burrell. 5. Nays: None. Absent: Councilmen Huckaby and
Serio. 2.
Amendment No. 2:
On page 18, Section 13.1, third line, change "February 1, 2003" to "February 1, 1993."
Motion by Councilman Shyne, seconded by Councilman Burrell, for adoption of Amendment
No. 2. Motion approved by the following vote: Ayes: Councilmen Stewart, Carmody, Spigener,
Shyne and Burrell. 5. Nays: None. Absent: Councilmen Huckaby and Serio. 2.
Motion by Councilman Shyne, seconded by Councilman Spigener, for adoption of the resolution
as amended. Motion approved by the following vote: Ayes: Councilmen Stewart, Carmody,
Spigener, Shyne and Burrell. 5. Nays: None. Absent: Councilmen Huckaby and Serio. 2.
RESOLUTION NO. 245 OF 1998
Offered by Councilman Spigener and seconded by Councilman Carmody:
RESOLUTION
A RESOLUTION PROVIDING FOR THE ISSUANCE AND SALE OF TEN MILLION EIGHT
HUNDRED SEVENTY-FIVE THOUSAND DOLLARS ($10,875,000) OF GENERAL
OBLIGATION REFUNDING BONDS, SERIES 1999, OF THE CITY OF SHREVEPORT,
STATE OF LOUISIANA; PRESCRIBING THE FORM, FIXING THE DETAILS AND
PROVIDING FOR THE RIGHTS OF THE OWNERS THEREOF; PROVIDING FOR THE
PAYMENT OF THE PRINCIPAL OF AND INTEREST ON SUCH BONDS AND THE
APPLICATION OF THE PROCEEDS THEREOF TO THE REFUNDING OF CERTAIN
BONDS OF SAID CITY; AND PROVIDING FOR OTHER MATTERS IN CONNECTION
THEREWITH.
WHEREAS, pursuant to the provisions of Article VI, Section 33 of the Constitution of the State of Louisiana of 1974, Sub-Part A, Part III, Chapter 4, Title 39 of the Louisiana Revised Statutes of 1950, as amended, and other constitutional and statutory authority, and a special election held on April 16, 1988, the result of which was duly promulgated in accordance with law, the City of Shreveport, State of Louisiana (the "Issuer"), acting through its governing authority, issued $15,000,000 of General Obligation Bonds, Series 1993, dated February 1, 1993, of which $13,515,000 is currently outstanding (the "Series 1993 Bonds"); and
WHEREAS, the Issuer is authorized to borrow money and issue general obligation bonds payable from ad valorem taxes to refund its outstanding general obligation bonds, pursuant to Chapter 14-A of Title 39 of the Louisiana Revised Statutes of 1950, as amended (the "Act"), and other constitutional and statutory authority; and
WHEREAS, the Issuer has found and determined that the advance refunding of $10,330,000 of the Series 1993 Bonds, consisting of those Series 1993 Bonds which mature February 1, 2004 to February 1, 2013, inclusive (collectively, the "Refunded Bonds"), would be financially advantageous to the Issuer and would result in a lower effective interest rate on such Refunded Bonds and debt service savings to the Issuer; and
WHEREAS, pursuant to the Act and other constitutional and statutory authority, it is now the desire of the Issuer to adopt this resolution in order to provide for the issuance of Ten Million Eight Hundred Seventy-Five Thousand Dollars ($10,875,000) principal amount of its General Obligation Refunding Bonds, Series 1999 (the "Bonds"), for the purpose of advance refunding the Refunded Bonds, to fix the details of the Bonds and to sell the Bonds to the purchasers thereof; and
WHEREAS, it is necessary to provide for the application of the proceeds of the Bonds and to provide for other matters in connection with the payment or redemption of the Refunded Bonds; and
WHEREAS, it is necessary that this Governing Authority prescribe the form and content of the Escrow Deposit Agreement providing for the payment of the principal, premium and interest of the Refunded Bonds and authorize the execution thereof as hereinafter provided; and
WHEREAS, in connection with the issuance of the Bonds, it is necessary that provision be made for the payment of the principal, interest and premium of the Refunded Bonds described in Exhibit A hereto, and to provide for the call for redemption of certain maturities of the Refunded Bonds, pursuant to a Notice of Defeasance and Call for Redemption; and
WHEREAS, the Issuer desires to sell the Bonds to the purchaser thereof and to fix the details of the Bonds and the terms of the sale of the Bonds;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shreveport, State of
Louisiana, acting as the governing authority of the Issuer, that:
ARTICLE I
DEFINITIONS AND INTERPRETATION
SECTION 1.1. Definitions. The following terms shall have the following meanings unless the
context otherwise requires:
"Act" shall mean Chapter 14-A of Title 39 of the Louisiana Revised Statutes of 1950, as
amended, and other applicable constitutional and statutory authority.
"Bond" or "Bonds" shall mean any or all of the General Obligation Refunding Bonds, Series
1999 of the Issuer, issued pursuant to the Bond Resolution, as the same may be amended from
time to time, whether initially delivered or issued in exchange for, upon transfer of, or in lieu of
any previously issued Bond.
"Bond Obligation" shall mean, as of the date of computation, the principal amount of the
Bonds then Outstanding.
CONTINUED - RESOLUTION NO. 245 OF 1998
"Bond Resolution" shall mean this resolution, as it may amended and supplemented as herein
provided.
"Business Day" shall mean a day of the year other than a day on which banks located in New
York, New York and the cities in which the principal offices of the Escrow Agent and the Paying
Agent are located are required or authorized to remain closed and on which the New York Stock
Exchange is closed.
"Code" shall mean the Internal Revenue Code of 1986, as amended.
"Costs of Issuance" shall mean all items of expense, directly or indirectly payable or
reimbursable and related to the authorization, sale and issuance of the Bonds, including but not
limited to printing costs, costs of preparation and reproduction of documents, filing and
recording fees, initial fees and charges of any fiduciary, legal fees and charges, fees and charges
for the preparation and distribution of a preliminary official statement and official statement, if
paid by the Issuer, fees and disbursements of consultants and professionals, costs of credit
ratings, fees and charges for preparation, execution, transportation and safekeeping of the Bonds,
costs and expenses of refunding, premiums for the insurance of the payment of the Bonds, if
any, and any other cost, charge or fee paid or payable by the Issuer in connection with the
original issuance of Bonds.
"Debt Service" for any period shall mean, as of the date of calculation, an amount equal to the
sum of (a) interest payable during such period on Bonds and (b) the principal amount of Bonds
which mature during such period.
"Defeasance Obligations" shall mean (a) cash, or (b) non-callable Government Securities.
"Escrow Agent" shall mean with respect to the Refunded Bonds, The Bank of New York, in
the City of Jacksonville, Florida, and its successor or successors, and any other person which
may at any time be substituted in its place pursuant to the Bond Resolution.
"Escrow Agreement" shall mean the Escrow Deposit Agreement dated as of March 1, 1999,
between the Issuer and the Escrow Agent, substantially in the form attached hereto as Exhibit B,
as the same may be amended from time to time, the terms of which are incorporated herein by
reference.
"Executive Officers" shall mean, collectively, the Mayor, Director of Finance and Clerk of
Council of the Issuer.
"Fiscal Year" shall mean the one-year accounting period ending on December 31 of each year,
or such other one-year period as may be designated by the Governing Authority as the fiscal year
of the Issuer.
"Governing Authority" shall mean the City Council of the City of Shreveport, State of
Louisiana, or its successor in function.
"Government Securities" shall mean direct general obligations of, or obligations the principal
of and interest on which are unconditionally guaranteed by, the United States of America, which
may be United States Treasury Obligations such as the State and Local Government Series and
may be in book-entry form.
"Insurer" shall mean Financial Guaranty Insurance Company or any successor thereto.
"Interest Payment Date" shall mean February 1 and August 1 of each year, commencing
August 1, 1999.
"Issuer" shall mean the City of Shreveport, State of Louisiana.
"Municipal Bond Insurance Policy" shall mean the municipal bond insurance policy issued by
the Insurer insuring the payment when due of the principal of and interest on the Bonds as
provided therein.
"Outstanding", when used with reference to the Bonds, shall mean, as of any date, all Bonds
theretofore issued under the Bond Resolution, except:
(a) Bonds theretofore canceled by the Paying Agent or delivered to the Paying Agent for
cancellation;
(b) Bonds for the payment or redemption of which sufficient Defeasance Obligations have been
deposited with the Paying Agent or an escrow agent in trust for the owners of such Bonds as
provided in Section 11.1 hereof, provided that if such Bonds are to be redeemed, irrevocable
notice of such redemption has been duly given or provided for pursuant to the Bond Resolution,
to the satisfaction of the Paying Agent, or waived;
(c) Bonds in exchange for or in lieu of which other Bonds have been registered and delivered
pursuant to the Bond Resolution; and
(d) Bonds alleged to have been mutilated, destroyed, lost, or stolen which have been paid as
provided in the Bond Resolution or by law.
"Owner" or "Owners" shall mean the Person reflected as registered owner of any of the Bonds
on the registration books maintained by the Paying Agent. Notwithstanding any provision of this
Bond Resolution to the contrary, the Insurer shall, at all times, be deemed an owner of all the
Bonds for the purposes of consenting to any resolution supplementing or amending this Bond
Resolution and shall be notified in advance of the adoption of any resolution supplemental or
amendatory hereto whether or not the consent of the Owners is required.
"Paying Agent" shall mean The Bank of New York, in the City of Jacksonville, Florida, as
paying agent and CONTINUED - RESOLUTION NO. 245 OF 1998
registrar hereunder, until a successor Paying Agent shall have become such pursuant to the
applicable provisions of the Bond Resolution, and thereafter "Paying Agent" shall mean such
successor Paying Agent.
"Person" shall mean any individual, corporation, partnership, joint venture, association,
joint-stock company, trust, unincorporated organization, or government or any agency or political
subdivision thereof.
"Record Date" shall mean, with respect to an Interest Payment Date, the fifteenth day of the
calendar month next preceding such Interest Payment Date, whether or not such day is a Business
Day.
"Refunded Bonds" shall mean the callable maturities of the Issuer's outstanding General
Obligation Bonds, Series 1993, dated February 1, 1993, consisting of those Series 1993 Bonds
maturing February 1, 2004 to February 1, 2013, inclusive, which are being refunded by the
Bonds, as more fully described in Exhibit A hereto.
"State" shall mean the State of Louisiana.
"Underwriters" shall mean Morgan Keegan & Company, Inc., of New Orleans, Louisiana.
Section 1.2 Interpretation. In this Bond Resolution, unless the context otherwise requires, (a)
words importing the singular include the plural and vice versa, (b) words of the masculine gender
shall be deemed and construed to include correlative words of the feminine and neuter genders
and (c) the title of the offices used in this Bond Resolution shall be deemed to include any other
title by which such office shall be known under any subsequently adopted charter.
ARTICLE II
AUTHORIZATION AND ISSUANCE OF BONDS
SECTION 2.1 Authorization of Bonds; Refunding of Refunded Bonds; Bond Insurance. This
Bond Resolution creates a series of Bonds of the Issuer to be designated "General Obligation
Refunding Bonds, Series 1999, of the City of Shreveport, State of Louisiana", and provides for
the full and final payment of the principal or redemption price of and interest on all the Bonds.
(b) The Bonds issued under this Bond Resolution shall be issued for the purpose of advance
refunding the Refunded Bonds through the escrow of a portion of the proceeds of the Bonds,
together with other available moneys of the Issuer, in Government Securities plus an initial cash
deposit, in accordance with the terms of the Escrow Agreement, in order to provide for the
payment of the principal of, premium, if any, and interest on the Refunded Bonds as they mature
or upon earlier redemption as provided in Section 13.1 hereof.
(c) Provision having been made for the orderly payment until maturity or earlier redemption of
all the Refunded Bonds, in accordance with their terms, it is hereby recognized and
acknowledged that as of the date of delivery of the Bonds under this Bond Resolution, provision
will have been made for the performance of all covenants and agreements of the Issuer incidental
to the Refunded Bonds, and that accordingly, and in compliance with all that is herein provided,
the Issuer is expected to have no future obligation with reference to the aforesaid Refunded
Bonds, except to assure that the Refunded Bonds are paid from the Government Securities and
funds so escrowed in accordance with the provisions of the Escrow Agreement.
(d) The Escrow Agreement is hereby approved by the Issuer and the Executive Officers are
hereby authorized and directed to execute and deliver the Escrow Agreement on behalf of the
Issuer substantially in the form of Exhibit B hereof, with such changes, additions, deletions or
completions deemed appropriate by such signing officials, and it is expressly provided and
covenanted that all of the provisions for the payment of the principal of, premium, if any, and
interest on the Refunded Bonds from the special trust funds created under the Escrow Agreement
shall be strictly observed and followed in all respects.
(e) The Issuer does hereby find that since substantial benefits will accrue from the insurance of the Bonds, the Bonds are being insured by the Insurer and an appropriate legend shall be printed on the Bonds as evidence of such insurance. The cost of the Municipal Bond Insurance Policy shall be paid by the Issuer from the proceeds of the Bonds.
SECTION 2.2. Bond Resolution to Constitute Contract. In consideration of the purchase and
acceptance of the Bonds by those who shall own the same from time to time, the provisions of
this Bond Resolution shall be a part of the contract of the Issuer with the Owners of the Bonds
and shall be deemed to be and shall constitute a contract between the Issuer and the Owners from
time to time of the Bonds. The provisions, covenants and agreements herein set forth to be
performed by or on behalf of the Issuer shall be for the equal benefit, protection and security of
the Owners of any and all of the Bonds, each of which Bonds, regardless of the time or times of
its issue or maturity, shall be of equal rank without preference, priority or distinction over any
other thereof except as expressly provided in this Bond Resolution.
SECTION 2.3 Obligation of Bonds. The Bonds shall constitute general obligations of the Issuer,
and the full faith and credit of the Issuer is hereby pledged for their payment and for the payment
of all the interest thereon. The Issuer is bound under the terms and provisions of law and this
Bond Resolution to impose and collect annually, in excess of all other taxes, a tax on all the
property subject to taxation within the territorial limits of the Issuer, sufficient to pay the
principal of and interest on the Bonds falling due each year, said tax to be levied and collected by
the same officers, in the same manner and at the same time as other taxes are levied and collected
within the territorial limits of the Issuer. All ad valorem taxes levied by the Issuer in each year
for the payment of the Bonds shall, upon their receipt, be transferred to the Governing Authority,
which shall have responsibility for the deposit of such receipts and for the investment and
reinvestment of such receipts and the servicing of the Bonds and any other CONTINUED -
RESOLUTION NO. 245 OF 1998
general obligation bonds of the Issuer.
SECTION 2.4. Authorization and Designation. Pursuant to the provisions of the Act, there is
hereby authorized the issuance of Ten Million Eight Hundred Seventy-Five Thousand Dollars
($10,875,000) principal amount of Bonds of the Issuer to be designated "General Obligation
Refunding Bonds, Series 1999, of the City of Shreveport, State of Louisiana", for the purpose of
advance refunding the Refunded Bonds. The Bonds shall be in substantially the form set forth as
Exhibit C hereto, with such necessary or appropriate variations, omissions and insertions as are
required or permitted by the Act and this Bond Resolution.
This Governing Authority hereby finds and determines that upon the issuance of the Bonds, the
total outstanding amount of general obligation bonds of the Issuer issued and deemed to be
outstanding will not exceed the Issuer's general obligation bond limit.
SECTION 2.5 Denominations, Dates, Maturities and Interest. The Bonds are issuable as fully
registered bonds without coupons in the denominations of $5,000 principal amount or any
integral multiple thereof within a single maturity, and shall be numbered R-1 upward.
The Bonds shall be dated February 1, 1999, shall mature on February 1 in the years and in the
principal amounts and shall bear interest, payable on February 1 and August 1 of each year,
commencing August 1, 1999, at the rates per annum, as follows:
DATE PRINCIPAL INTEREST
(FEBRUARY 1) PAYMENT RATE
2000 $ 80,000 4.00%
2001 80,000 4.00
2002 85,000 4.00
2003 85,000 4.00
2004 850,000 4.00
2005 890,000 4.00
2006 930,000 4.00
2007 975,000 4.00
2008 1,015,000 4.00
2009 1,060,000 4.10
2010 1,115,000 5.00
2011 1,175,000 5.00
2012 1,235,000 5.00
2013 1,300,000 5.00
The principal and premium, if any, of the Bonds are payable in such coin or currency of the
United States of America as at the time of payment is legal tender for payment of public and
private debts at the principal corporate trust office of the Paying Agent, upon presentation and
surrender thereof. Interest on the Bonds is payable by check mailed on or before the Interest
Payment Date by the Paying Agent to the Owner thereof (determined as of the close of business
on the Record Date) at the address of such Owner as it appears on the registration books of the
Paying Agent maintained for such purpose.
Except as otherwise provided in this Section, Bonds shall bear interest from date thereof or from
the most recent Interest Payment Date to which interest has been paid or duly provided for, as the
case may be, provided, however, that if and to the extent that the Issuer shall default in the
payment of the interest on any Bonds due on any Interest Payment Date, then all such Bonds
shall bear interest from the most recent Interest Payment Date to which interest has been paid on
the Bonds, or if no interest has been paid on the Bonds, from their dated date.
The person in whose name any Bond is registered at the close of business on the Record Date
with respect to an Interest Payment Date (unless such Bond has been called for redemption on a
redemption date which is prior to such Interest Payment Date) shall in all cases be entitled to
receive the interest payable on such Interest Payment Date notwithstanding the cancellation of
such Bond upon any registration of transfer or exchange thereof subsequent to such Record Date
and prior to such Interest Payment Date.
ARTICLE III
GENERAL TERMS AND PROVISIONS OF THE BONDS
SECTION 3.1. Exchange of Bonds; Persons Treated as Owners. The Issuer shall cause books
for the registration and for the registration of transfer of the Bonds as provided in this Bond
Resolution to be kept by the Paying Agent at its principal corporate trust office, and the Paying
Agent is hereby constituted and appointed the registrar for the Bonds. At reasonable times and
under reasonable regulations established by the Paying Agent said list may be inspected and
copied by the Issuer, the Insurer or by the Owners (or a designated representative thereof) of 15%
of the outstanding principal amount of the Bonds.
All Bonds presented for registration of transfer or exchange shall be accompanied by a written
instrument or instruments of transfer in form and with a guaranty of signature satisfactory to the
Paying Agent, duly executed by the Owner or his attorney duly authorized in writing.
Upon surrender for registration of transfer of any Bond, the Paying Agent shall register and
deliver in the name of the transferee or transferees one or more new fully registered Bonds of
authorized denomination of the same CONTINUED - RESOLUTION NO. 245 OF 1998
maturity and like aggregate principal amount. At the option of an Owner, Bonds may be
exchanged for other Bonds of authorized denominations of the same maturity and like aggregate
principal amount, upon surrender of the Bonds to be exchanged at the principal corporate trust
office of the Paying Agent. Whenever any Bonds are so surrendered for exchange, the Paying
Agent shall register and deliver in exchange therefor the Bond or Bonds which the Owner
making the exchange shall be entitled to receive.
No service charge to the Owners shall be made by the Paying Agent for any exchange or
registration of transfer of Bonds. The Paying Agent may require payment by the person
requesting an exchange or registration of transfer of Bonds of a sum sufficient to cover any tax or
other governmental charge that may be imposed in relation thereto.
The Issuer and the Paying Agent shall not be required (a) to issue, register the transfer of or
exchange any Bond during a period beginning at the opening of business on a Record Date or any
date of selection of Bonds to be redeemed and ending at the close of business on the Interest
Payment Date or day for which the applicable notice of redemption is given or (b) to register the
transfer of or exchange any Bond so selected for redemption in whole or in part.
All Bonds delivered upon any registration of transfer or exchange of Bonds shall be valid
obligations of the Issuer, evidencing the same debt and entitled to the same benefits under this
Bond Resolution as the Bonds surrendered.
Prior to due presentment for registration of transfer of any Bond, the Issuer and the Paying Agent,
and any agent of the Issuer or the Paying Agent may deem and treat the person in whose name
any Bond is registered as the absolute owner thereof for all purposes, whether or not such Bond
shall be overdue, and shall not be bound by any notice to the contrary.
SECTION 3.2. Bonds Mutilated, Destroyed, Stolen or Lost. In case any Bond shall become
mutilated or be improperly canceled, or be destroyed, stolen or lost, the Issuer may in its
discretion adopt a resolution and thereby authorize the issuance and delivery of a new Bond in
exchange for and substitution for such mutilated or improperly cancelled Bond, or in lieu of and
substitution for the Bond destroyed, stolen or lost, upon the Owner (i) furnishing the Issuer and
the Paying Agent proof of his ownership thereof and proof of such mutilation, improper
cancellation, destruction, theft or loss satisfactory to the Issuer and the Paying Agent, (ii) giving
to the Issuer and the Paying Agent an indemnity bond in favor of the Issuer and the Paying Agent
in such amount as the Issuer may require, (iii) complying with such other reasonable regulations
and conditions as the Issuer may prescribe and (iv) paying such expenses as the Issuer and the
Paying Agent may incur. All Bonds so surrendered shall be delivered to the Paying Agent for
cancellation pursuant to Section 3.4 hereof. If any Bond shall have matured or be about to
mature, instead of issuing a substitute Bond, the Issuer may pay the same, upon being
indemnified as aforesaid, and if such Bond be lost, stolen or destroyed, without surrender thereof.
Any such duplicate Bond issued pursuant to this Section shall constitute an original, additional,
contractual obligation on the part of the Issuer, whether or not the lost, stolen or destroyed Bond
be at any time found by anyone. Such duplicate Bond shall be in all respects identical with those
replaced except that it shall bear on its face the following additional clause:
"This bond is issued to replace a lost, cancelled or destroyed bond under the authority of R.S.
39:971 through 39:974."
Such duplicate Bond may be signed by the facsimile signatures of the same officers who signed
the original Bonds, provided, however, that in the event the officers who executed the original
Bonds are no longer in office, then the new Bonds may be signed by the officers then in office.
Such duplicate Bonds shall be entitled to equal and proportionate benefits and rights as to lien
and source and security for payment as provided herein with respect to all other Bonds
hereunder, the obligations of the Issuer upon the duplicate Bonds being identical to its
obligations upon the original Bonds and the rights of the Owner of the duplicate Bonds being the
same as those conferred by the original Bonds.
SECTION 3.3 Preparation of Definitive Bonds, Temporary Bonds. Until the definitive Bonds
are prepared, the Issuer may execute, in the same manner as is provided in Section 3.5, and
deliver, in lieu of definitive Bonds, but subject to the same provisions, limitations and conditions
as the definitive Bonds except as to the denominations, one or more temporary typewritten Bonds
substantially of the tenor of the definitive Bonds in lieu of which such temporary Bond or Bonds
are issued, in authorized denominations, and with such omissions, insertions and variations as
may be appropriate to temporary Bonds.
SECTION 3.4. Cancellation of Bonds. All Bonds paid or redeemed either at or before maturity,
together with all Bonds purchased by the Issuer, shall thereupon be promptly cancelled by the
Paying Agent. The Paying Agent shall thereupon promptly furnish to the Clerk of Council of the
Governing Authority an appropriate certificate of cancellation.
SECTION 3.5. Execution. The Bonds shall be executed in the name and on behalf of the Issuer
by the manual or facsimile signatures of the Executive Officers, and the corporate seal of the
Issuer (or a facsimile thereof) shall be thereunto affixed, imprinted, engraved or otherwise
reproduced thereon. In case any one or more of the officers who shall have signed or sealed any
of the Bonds shall cease to be such officer before the Bonds so signed and sealed shall have been
actually delivered, such Bonds may, nevertheless, be delivered as herein provided, and may be
issued as if the person who signed or sealed such Bonds had not ceased to hold such office. Said
officers shall, by the execution of the Bonds, adopt as and for their own proper signatures their
respective facsimile signatures appearing CONTINUED - RESOLUTION NO. 245 OF 1998
on the Bonds or any legal opinion certificate thereon, and the Issuer may adopt and use for that
purpose the facsimile signature of any person or persons who shall have been such officer at any
time on or after the date of such Bond, notwithstanding that at the date of such Bond such person
may not have held such office or that at the time when such Bond shall be delivered such person
may have ceased to hold such office.
SECTION 3.6. Registration by Secretary of State. The Bonds shall be registered with the
Secretary of State of the State of Louisiana shall bear the endorsement of the Secretary of State of
the State of Louisiana substantially in the form set forth in Exhibit C hereto, provided such
endorsement shall be manually signed only on the Bonds initially delivered to the Purchaser, and
any Bonds subsequently exchanged therefor as permitted in this Bond Resolution may bear the
facsimile signature of said Secretary of State.
SECTION 3.7. Registration by Paying Agent. No Bond shall be valid or obligatory for any
purpose or entitled to any security or benefit under this Bond Resolution unless and until a
certificate of registration on such Bond substantially in the form set forth in Exhibit C hereto
shall have been duly executed on behalf of the Paying Agent by a duly authorized signatory, and
such executed certificate of the Paying Agent upon any such Bond shall be conclusive evidence
that such Bond has been executed, registered and delivered under this Bond Resolution.
ARTICLE IV
SINKING FUND; PAYMENT OF BONDS
SECTION 4.1. Sinking Fund. For the payment of the principal of and the interest on the Bonds,
the Issuer will maintain a special fund, to be held by the regularly designated fiscal agent of the
Issuer (the "Sinking Fund"), into which the Issuer will deposit the proceeds of the aforesaid tax
described in Section 2.3 hereof and no other moneys whatsoever. The depository for the Sinking
Fund shall transfer from the Sinking Fund to the Paying Agent at least five (5) days in advance of
each Interest Payment Date, funds fully sufficient to pay promptly the principal and interest
falling due on such date.
(b) All moneys deposited with the regularly designated fiscal agent bank or banks of the Issuer or
the Paying Agent under the terms of this Bond Resolution shall constitute sacred funds for the
benefit of the Owners of the Bonds, and shall be secured by said fiduciaries at all times to the full
extent thereof in the manner required by law for the securing of deposits of public funds.
(c) All or any part of the moneys in the Sinking Fund shall, at the written request of the Issuer, be
invested in accordance with the provisions of the laws of the State of Louisiana, in which event
all income derived from such investments shall be added only to the Sinking Fund. Accrued
interest, if any, received upon delivery of the Bonds shall be invested only in Government
Securities maturing on or prior to the first Interest Payment Date.
SECTION 4.2. Payment of Bonds. The Issuer shall duly and punctually pay or cause to be paid
as herein provided, the principal or redemption price, if any, of every Bond and the interest
thereon, at the dates and places and in the manner stated in the Bonds according to the true intent
and meaning thereof.
ARTICLE V
REDEMPTION OF BONDS
SECTION 5.1. Redemption of Bonds. The Bonds shall not be callable for redemption prior to
their stated dates of maturity.
ARTICLE VI
APPLICATION OF BOND PROCEEDS
SECTION 6.1. Application of Bond Proceeds. As a condition of the issuance of the Bonds, the
Issuer hereby binds and obligates itself to:
(a) Deposit irrevocably in trust with the Escrow Agent under the terms and conditions of the
Escrow Agreement, as hereinafter provided, an amount of the proceeds derived from the issuance
and sale of the Bonds (exclusive of accrued interest), together with additional moneys of the
Issuer, as will enable the Escrow Agent to immediately make an initial cash deposit and purchase
Government Obligations described in the Escrow Agreement, which, together with the said
initial cash deposit deposited therein, shall mature in principal and interest in such a manner as to
provide at least the required cash amount on or before each payment date for the Refunded Bonds
(said amounts being necessary on each of the designated dates to pay and retire or redeem the
Refunded Bonds, including premiums, if any, payable upon redemption). Prior to or
concurrently with the delivery of the Bonds, the Issuer shall obtain an independent mathematical
verification that the moneys and obligations required to be irrevocably deposited in trust in the
Escrow Fund with the Escrow Agent, together with the earnings to accrue thereon, will always be
sufficient for the payment of the principal of, premium, if any, and interest on the Refunded
Bonds. The moneys so deposited with the Escrow Agent shall constitute a trust fund irrevocably
dedicated for the use and benefit of the owners of the Refunded Bonds.
(b) Deposit in the Expense Fund established with the Escrow Agent such amount of the proceeds
of the Bonds as will enable the Escrow Agent to pay the Costs of Issuance, the premium for the
Municipal Bond Insurance Policy and the costs properly attributable to the establishment and
administration of the Escrow Fund on behalf of the Issuer.
(c) Deposit accrued interest, if any, received on the delivery date of the Bonds into the Sinking
Fund established by Section 4.1 hereof and to apply said funds to pay a portion of the interest due
on the Bonds on the first CONTINUED - RESOLUTION NO. 245 OF 1998
Interest Payment Date therefor. Accrued interest, if any, received upon delivery of the Bonds
shall be invested only in Government Securities maturing on or prior to the first Interest Payment
Date.
ARTICLE VII
SUPPLEMENTAL BOND RESOLUTIONS
SECTION 7.1. Supplemental Resolutions Effective Without Consent of Owners. For any one or
more of the following purposes and at any time from time to time, an resolution supplemental
hereto may be adopted, which, upon the filing with the Paying Agent and the Insurer of a
certified copy thereof, but without any consent of Owners, shall be fully effective in accordance
with its terms:
(a) to add to the covenants and agreements of the Issuer in the Bond Resolution other covenants
and agreements to be observed by the Issuer which are not contrary to or inconsistent with the
Bond Resolution as theretofore in effect;
(b) to add to the limitations and restrictions in the Bond Resolution other limitations and
restrictions to be observed by the Issuer which are not contrary to or inconsistent with the Bond
Resolution as theretofore in effect;
(c) to surrender any right, power or privilege reserved to or conferred upon the Issuer by the
terms of the Bond Resolution, but only if the surrender of such right, power or privilege is not
contrary to or inconsistent with the covenants and agreements of the Issuer contained in the Bond
Resolution;
(d) to cure any ambiguity, supply any omission, or cure or correct any defect or inconsistent
provision of the Bond Resolution; or
(e) to insert such provisions clarifying matters or questions arising under the Bond Resolution as
are necessary or desirable and are not contrary to or inconsistent with the Bond Resolution as
theretofore in effect.
Notwithstanding the foregoing, no provision of the Bond Resolution expressly recognizing or
granting rights in or to the Insurer may be amended in any manner which affects the rights of the
Insurer under the Bond Resolution without the prior written consent of the Insurer.
SECTION 7.2. Supplemental Resolutions Effective With Consent of Owners. Except as provided
in Section 7.1, any modification or amendment of the Bond Resolution or of the rights and
obligations of the Issuer and of the Owners of the Bonds hereunder, in any particular, may be
made by a supplemental resolution, with the written consent of the Insurer and the Owners of a
majority of the Bond Obligation at the time such consent is given. No such modification or
amendment shall permit a change in the terms of redemption or maturity of the principal of any
outstanding Bond or of any installment of interest thereon or a reduction in the principal amount
or redemption price thereof or in the rate of interest thereon without the consent of the Owner of
such Bond, or shall reduce the percentages of Bonds the consent of the Owner of which is
required to effect any such modification or amendment, or change the obligation of the Issuer to
levy and collect taxes for the payment of the Bonds as provided herein, without the consent of the
Owners of all of .the Bonds then outstanding, or shall change or modify any of the rights or
obligations of either the Paying Agent or the Escrow Agent without its written assent thereto. For
the purposes of this Section, Bonds shall be deemed to be affected by a modification or
amendment of the Bond Resolution if the same adversely affects or diminishes the rights of the
Owners of said Bonds and such determination shall be made without reference to the existence of
the Municipal Bond Insurance Policy.
The consent of the Insurer shall be required in addition to the consent of the Owners, when
required, for the adoption of any supplemental resolution.
A supplemental resolution, upon the filing with the Paying Agent of a certified copy thereof,
shall become fully effective in accordance with its terms.
ARTICLE VIII
TAX COVENANTS; CONTINUING DISCLOSURE
SECTION 8.1. Tax Covenants. The Issuer covenants and agrees that, to the extent permitted by
the laws of the State of Louisiana, it will comply with the requirements of the Code to in order to
establish, maintain and preserve the exclusion from "gross income" of interest on the Bonds
under the Code. The Issuer shall not take any action or fail to take any action, nor shall it permit
at any time or times any of the proceeds of the Bonds or any other funds of the Issuer to be used
directly or indirectly in any manner, to acquire any securities or obligations the acquisition of
which would cause any Bond to be an "arbitrage bond" as defined in the Code or would result in
the inclusion of the interest on any Bond in "gross income" under the Code, including, without
limitation, (i) the failure to comply with the limitation on investment of the proceeds of the
Bonds, (ii) the failure to pay any required rebate of arbitrage earnings to the United States of
America, or (iii) the use of the proceeds of the Bonds in a manner which would cause the Bonds
to be "private activity bonds" under the Code.
The Executive Officers are hereby empowered, authorized and directed to take any and all action and to execute and deliver any instrument, document or certificate necessary to effectuate the purposes of this Section.
SECTION 8.2. Continuing Disclosure Certificate. The Director of Finance of the Issuer is
hereby empowered and directed to execute an appropriate Continuing Disclosure Certificate
(substantially in the form set forth in CONTINUED - RESOLUTION NO. 245 OF 1998
Appendix I of the official statement issued in connection with the sale and issuance of the Bonds)
pursuant to S.E.C. Rule 15c2-12(b)(5).
ARTICLE IX
REMEDIES ON DEFAULT
SECTION 9.1. Events of Default. If one or more of the following events (in this Bond
Resolution called "Events of Default") shall happen, that is to say,
(a) if default shall be made in the due and punctual payment of the principal of any Bond when
and as the same shall become due and payable, whether at maturity or otherwise; or
(b) if default shall be made in the due and punctual payment of any installment of interest on any
Bond when and as such interest installment shall become due and payable; or
(c) if default shall be made by the Issuer in the performance or observance of any other of the
covenants, agreements or conditions on its part in the Bond Resolution, any supplemental
resolution or in the Bonds contained and such default shall continue for a period of forty-five
(45) days after written notice thereof to the Issuer by the Insurer or any Owner; or
(d) if the Issuer shall file a petition or otherwise seek relief under any Federal or State bankruptcy
law or similar law;
then, upon the happening and continuance of any Event of Default the Insurer and the Owners of
the Bonds shall be entitled to exercise all rights and powers for which provision is made under
Louisiana law; subject, however, to the exclusive right of the Insurer to direct any action or
remedy to be undertaken. The Issuer shall notify the Insurer immediately upon the occurrence of
any Event of Default. No Event of Default shall be waived without the consent of the Insurer.
ARTICLE X
CONCERNING FIDUCIARIES
SECTION 10.1. Escrow Agent; Appointment and Acceptance of Duties. The Bank of New
York, in the City of Jacksonville, Florida, is hereby appointed Escrow Agent with respect to the
Refunded Bonds. The Escrow Agent shall signify its acceptance of the duties and obligations
imposed upon it by this Bond Resolution by executing and delivering the Escrow Agreement.
SECTION 10.2. Paying Agent; Appointment and Acceptance of Duties. The Issuer will at all
times maintain a Paying Agent having the necessary qualifications for the performance of the
duties described in this Bond Resolution. The designation of The Bank of New York, in the
City of Jacksonville, Florida, as the initial Paying Agent is hereby confirmed and approved. The
Paying Agent shall signify its acceptance of the duties and obligations imposed on it by the Bond
Resolution by executing and delivering to the Executive Officers a written acceptance thereof.
Subject to the prior written consent of the Insurer, the Governing Authority reserves the right to
appoint a successor Paying Agent by filing with the Person then performing such function a
certified copy of a resolution giving notice of the termination of the agreement and appointing a
successor and causing notice to be given to each Owner and the Insurer. Furthermore, the
Paying Agent may be removed by the Issuer at any time, at the request of the Insurer, for any
breach of its duties set forth herein, affective upon appointment of a successor Paying Agent as
set forth above. Every Paying Agent appointed hereunder shall at all times be a trust company or
bank organized and doing business under the laws of the United States of America or of any
State, authorized under such laws to exercise trust powers, and subject to supervision or
examination by Federal or State authority.
ARTICLE XI
MISCELLANEOUS
SECTION 11.1 Defeasance. If the Issuer shall pay or cause to be paid to the Owners of all
Bonds then outstanding, the principal and interest and redemption premium, if any, to become
due thereon, and any amounts which may be then payable by the Issuer with respect to the Bonds
to the Insurer, at the times and in the manner stipulated therein and in the Bond Resolution, then
the covenants, agreements and other obligations of the Issuer to the Owners and the Insurer shall
be discharged and satisfied. In such event, the Paying Agent shall, upon the request of the Issuer,
execute and deliver to the Issuer all such instruments as may be desirable to evidence such
discharge and satisfaction and the Paying Agent shall pay over or deliver to the Issuer all moneys,
securities and funds held by them pursuant to the Bond Resolution which are not required for the
payment of Bonds not theretofore surrendered for such payment.
(b) Bonds or interest installments for the payment of which money shall have been set aside and
shall be held in trust (through deposit by the Issuer of funds for such payment or otherwise) at the
maturity date thereof shall be deemed to have been paid within the meaning and with the effect
expressed above in this Section. Bonds shall be deemed to have been paid, prior to their
maturity, within the meaning and with the effect expressed above in this Section if they have
been defeased pursuant to Chapter 14 of Title 39 of the Louisiana Revised Statutes of 1950, as
amended, or any successor provisions thereto.
SECTION 11.2. Evidence of Signatures of Owners and Ownership of Bonds. Any request,
consent, revocation of consent or other instrument which the Bond Resolution may require or
permit to be signed and executed by the Owners may be in one or more instruments of similar
tenor, and shall be signed or executed by such Owners in CONTINUED - RESOLUTION NO.
245 OF 1998
person or by their attorneys-in-fact appointed in writing. Proof of the execution of any such
instrument, or of an instrument appointing any such attorney, or the ownership by any person of
the Bonds shall be sufficient for any purpose of the Bond Resolution (except as otherwise therein
expressly provided) if made in the following manner, or in any other manner satisfactory to the
Paying Agent, which may nevertheless in its discretion require further or other proof in cases
where it deems the same desirable:
(1) the fact and date of the execution by any Owner or his attorney-in-fact of such instrument
may be proved by the certificate, which need not be acknowledged or verified, of an officer of a
bank or trust company or of any notary public or other officer authorized to take
acknowledgments of deeds, that the person signing such request or other instrument
acknowledged to him the execution thereof, or by an affidavit of a witness of such execution,
duly sworn to before such notary public or other officer. Where such execution is by an officer
of a corporation or association or a member of a partnership, on behalf of such corporation,
association or partnership, such certificate or affidavit shall also constitute sufficient proof of his
authority;
(2) the ownership of Bonds and the amount, numbers and other identification, and date of
owning the same shall be proved by the registration books of the Paying Agent.
(b) Any request or consent by the Owner of any Bond shall bind all future Owners of such Bond
in respect of anything done or suffered to be done by the Issuer or the Paying Agent in
accordance therewith.
SECTION 11.3. Moneys Held for Particular Bonds. The amounts held by the Paying Agent for
the payment due on any date with respect to particular Bonds shall, on and after such date and
pending such payment, be set aside on its books and held in trust by it, without liability for
interest, for the Owners of the Bonds entitled thereto.
SECTION 11.4. Parties Interested Herein. Nothing in the Bond Resolution expressed or implied
is intended or shall be construed to confer upon, or to give to, any person or entity, other than the
Issuer, the Insurer, the Paying Agent, the Escrow Agent and the Owners of the Bonds any right,
remedy or claim under or by reason of the Bond Resolution or any covenant, condition or
stipulation thereof; and all the covenants, stipulations, promises and agreements in the Bond
Resolution contained by and on behalf of the Issuer shall be for the sole and exclusive benefit of
the Issuer, the Insurer, the Paying Agent, the Escrow Agent and the Owners of the Bonds and the
owners of the Refunded Bonds.
SECTION 11.5. No Recourse on the Bonds. No recourse shall be had for the payment of the
principal of or interest on the Bonds or for any claim based thereon or on this Bond Resolution
against any member of the Governing Authority or officer of the Issuer or any person executing
the Bonds.
SECTION 11.6 Successors and Assigns. Whenever in this Bond Resolution the Issuer is named
or referred to, it shall be deemed to include its successors and assigns and all the covenants and
agreements in this Bond Resolution contained by or on behalf of the Issuer shall bind and enure
to the benefit of its successors and assigns whether so expressed or not.
SECTION 11.7 Subrogation. In the event the Bonds herein authorized to be issued, or any of
them, should ever be held invalid by any court of competent jurisdiction, the Owner or Owners
thereof or the Insurer shall be subrogated to all the rights and remedies against the Issuer had and
possessed by the owner or owners of the Refunded Bonds.
SECTION 11.8 Severability. In case any one or more of the provisions of the Bond Resolution
or of the Bonds issued hereunder shall for any reason be held to be illegal or invalid, such
illegality or invalidity shall not affect any other provision of the Bond Resolution or of the
Bonds, but the Bond Resolution and the Bonds shall be construed and enforced as if such illegal
or invalid provisions had not been contained therein. Any constitutional or statutory provision
enacted after the date of the Bond Resolution which validates or makes legal any provision of the
Bond Resolution or the Bonds which would not otherwise be valid or legal shall be deemed to
apply to the Bond Resolution and to the Bonds.
SECTION 11.9 Publication of Bond Resolution. This Bond Resolution shall be published one
time in the official journal of the Issuer; however, it shall not be necessary to publish any exhibits
hereto if the same are available for public inspection and such fact is stated in the publication.
SECTION 11.10. Peremption. For thirty days after the date of publication, any person in interest
may contest the legality of this Bond Resolution, any provision of the Bonds, the provisions
therein made for the security and payment of the Bonds and the validity of all other provisions
and proceedings relating to the authorization and issuance of the Bonds. After the said thirty
days, no person may contest the regularity, formality, legality or effectiveness of the Bond
Resolution, any provisions of the Bonds to be issued pursuant hereto, the provisions for the
security and payment of the Bonds and the validity of all other provisions and proceedings
relating to their authorization and issuance, for any cause whatever. Thereafter, it shall be
conclusively presumed that the Bonds are legal and that every legal requirement for the issuance
of the Bonds has been complied with. No court shall have authority to inquire into any of these
matters after the said thirty days.
SECTION 11.11. Execution of Documents. In connection with the issuance and sale of the
Bonds, the Executive Officers are each authorized, empowered and directed to execute on behalf
of the Issuer such documents, certificates and instruments as they may deem necessary, upon the
advice of bond counsel, to effect the transactions contemplated by this Bond Resolution, the
signatures of the Executive Officers on such documents, certificates and CONTINUED -
RESOLUTION NO. 245 OF 1998
instruments to be conclusive evidence of the due exercise of the authority granted hereunder.
SECTION 11.12. Audit. As soon as practicable after the filing thereof, a copy of any financial
statement of the Issuer and a copy of any audit and annual report of the Issuer shall be forwarded
to Morgan Keegan & Company, Inc., 909 Poydras Street, Suite 1300, New Orleans, Louisiana
70112, until the Bonds mature.
ARTICLE XII
SALE OF BONDS
SECTION 12.1 Sale of Bonds. The Bonds are hereby awarded to and sold to the Underwriters at
the price and under the terms and conditions set forth in the Bond Purchase Agreement attached
hereto as Exhibit D, and after their execution, registration by the Secretary of State and
authentication by the Paying Agent, the Bonds shall be delivered to the Underwriters or its agents
or assigns, upon receipt by the Issuer of the agreed purchase price. The Bond Purchase
Agreement dated February 9, 1999, in substantially the form attached hereto as Exhibit D is
hereby approved and the Executive Officers are hereby authorized, empowered and directed to
execute the Bond Purchase Agreement on behalf of the Issuer and deliver or cause to be executed
and delivered all documents required to be executed on behalf of the Issuer or deemed by them
necessary or advisable to implement the Bond Resolution or to facilitate the sale of the Bonds.
SECTION 12.2 Official Statement. The Issuer hereby approves the form and content of the
Preliminary Official Statement dated February 1, 1999, pertaining to the Bonds, which has been
submitted to the Issuer, and hereby ratifies its prior use by the Underwriters in connection with
the sale of the Bonds. The Issuer further approves the form and content of the final Official
Statement and hereby authorizes and directs the execution by the Executive Officers and delivery
of such final Official Statement to the Underwriter for use in connection with the public offering
of the Bonds.
ARTICLE XIII
REDEMPTION OF REFUNDED BONDS
SECTION 13.1. Call for Redemption. Subject only to the actual delivery of the Bonds,
$10,330,000 principal amount of the Issuer's General Obligation Bonds, Series 1993, dated
February 1, 1993, consisting of all of the Series 1993 Bonds which mature February 1, 2004 to
February 1, 2013, inclusive, are hereby irrevocably called for redemption on February 1, 2003, at
the principal amount thereof and accrued interest in compliance with the resolution authorizing
their issuance.
SECTION 13.2. Notice of Redemption. In accordance with the resolution authorizing the
issuance of the Refunded Bonds, a notice of redemption in substantially the form attached hereto
as Exhibit E, shall be sent by the paying agent for the Refunded Bonds to the registered owners
as the same appear on the registration books of said paying agent by means of first class mail
postage prepaid not less than thirty (30) days prior to the respective date of redemption.
ARTICLE XIV
PROVISIONS RELATING TO INSURER
SECTION 14.1. Notices and Information to Insurer. The Issuer agrees to provide the Insurer
with the following information:
(i) as soon as practicable after the filing thereof, a copy of any financial statement of the Issuer
and a copy of any audit and annual report of the Issuer;
(ii) Official Statement or other disclosure, if any, prepared in connection with the issuance of
additional debt, within 30 days after the sale thereof;
(iii) Notice of the redemption of any of the Bonds, including the principal amount, maturities and
CUSIP numbers thereof; and
(iv) Such additional information as the Insurer may reasonably request from time to time.
SECTION 14.2. Payment Procedure Under Municipal Bond Insurance Policy. If, on the third
day preceding any Interest Payment Date for the Bonds there is not on deposit with the Paying
Agent sufficient moneys available to pay all principal of and interest on the Bonds due on such
date, the Paying Agent shall immediately notify the Insurer and State Street Bank and Trust
Company, N.A., New York, New York or its successor as its Fiscal Agent (the "Fiscal Agent") of
the amount of such deficiency. If, by said Interest Payment Date, the Issuer has not provided the
amount of such deficiency, the Paying Agent shall simultaneously make available to the Insurer
and to the Fiscal Agent the registration books for the Bonds maintained by the Paying Agent. In
addition:
(a) The Paying Agent shall provide the Insurer with a list of the Owners entitled to receive
principal or interest payments from the Insurer under the terms of the Municipal Bond Insurance
Policy and shall make arrangements for the Insurer and its Fiscal Agent to mail checks or drafts
to Owners entitled to receive full or partial interest payments from the Insurer and to pay
principal of the Bonds surrendered to the Fiscal Agent by the Owners entitled to receive full or
partial principal payments from the Insurer; and
(b) The Paying Agent shall, at the time it makes the registration books available to the Insurer pursuant
CONTINUED - RESOLUTION NO. 245 OF 1998
to (a) above, notify Owners entitled to receive the payment of principal of or interest on the
Bonds from the Insurer as to the fact of such entitlement, that the Insurer will remit to them all
or part of the interest payments coming due subject to the terms of the Municipal Bond Insurance
Policy, that, except as provided in paragraph (c) below, in the event that any Owner is entitled to
receive full payment of principal from the Insurer, such Owner must tender his Bond with the
instrument of transfer in the form provided on the Bond executed in the name of the Insurer, and
that, except as provided in paragraph (c) below, in the event that such Owner is entitled to
receive partial payment of principal from the Insurer, such Owner must tender his Bond for
payment first to the Paying Agent, which shall note on such Bond the portion of principal paid by
the Paying Agent, and then, with an acceptable form of assignment executed in the name of the
Insurer, to the Fiscal Agent, which will then pay the unpaid portion of principal to the Owner
subject to the terms of Municipal Bond Insurance Policy.
In the event that the Paying Agent has notice that any payment of principal of or interest on the
Bonds has been recovered from a Owner pursuant to the United States Bankruptcy Code by a
trustee in bankruptcy in accordance with the final, nonappealable order of a court having
competent jurisdiction, the Paying Agent shall, at the time it provides notice to the Insurer, notify
all Owners that in the event that any Owner's payment is so recovered, such Owner will be
entitled to payment from the Insurer to the extent of such recovery, and the Paying Agent shall
furnish to the Insurer its records evidencing the payments of principal of and interest on the
Bonds which have been made by the Paying Agent and subsequently recovered from Owners,
and the dates on which such payments were made.
The Insurer shall, to the extent it makes payment of principal of or interest on the Bonds, become
subrogated to the rights of the recipients of such payments in accordance with the terms of the
Municipal Bond Insurance Policy and, to evidence such subrogation, (v) in the case of
subrogation as to claims for past due interest, the Paying Agent shall note the Insurer's rights a
subrogee on the registration books maintained by the Paying Agent upon receipt from the Insurer
of proof of the payment of interest thereon to the Owners of such Bonds and (vi) in the case of
subrogation as to claims for past due principal, the Paying Agent shall note the Insurer's rights as
subrogee on the registration books for the Bonds maintained by the Paying Agent upon receipt of
proof of the payment of principal thereof to the Owners of such Bonds. Notwithstanding
anything in this Ordinance or the Bonds to the contrary, the Paying Agent shall make payment of
such past due interest and past due principal directly to the Insurer to the extent that the Insurer is
a subrogee with respect thereto.
SECTION 14.3. Notices to Insurer. Any notices required by this Ordinance to be sent to the
Insurer or to the Fiscal Agent shall be addressed as follows:
Financial Guaranty Insurance Company
115 Broadway
New York, New York 10006
Attention: Managing Director and Co-General Counsel
State Street Bank and Trust Company, N.A.
61 Broadway
New York, New York 10006
Attention: Corporate Trust Department
The Deputy Clerk read the resolution by title: Resolution No. 18 of 1999: A resolution stating
the City of Shreveport's endorsement of Shreveport Renewal Limited Partnership c/o Historic
Restoration, Inc. to participate in the benefits of the Louisiana Restoration Tax Abatement
Program and otherwise providing with respect thereto.
Read by title and as read motion by Councilman Shyne, seconded by Councilman Carmody to
postpone the resolution until the February 23, 1999 meeting. Motion approved by the following
vote: Ayes: Councilmen Stewart, Carmody, Serio, Spigener, Shyne and Burrell. 6. Nays: None.
Absent: Councilman Huckaby. 1.
The Deputy Clerk read the resolution by title: Resolution No. 19 of 1999: A resolution stating
the City of Shreveport's endorsement of Shreveport Renewal Limited Partnership c/o Historic
Restoration, Inc. to participate in the benefits of the Louisiana Restoration Tax Abatement
Program and otherwise providing with respect thereto.
Read by title and as read motion by Councilman Shyne, seconded by Councilman Carmody to
postpone the resolution until the February 23, 1999 meeting. Motion approved by the following
vote: Ayes: Councilmen Stewart, Carmody, Serio, Spigener, Shyne and Burrell. 6. Nays: None.
Absent: Councilman Huckaby. 1.
RESOLUTION NO. 29 OF 1999
Offered by Councilman Shyne and seconded by Councilman Burrell:
RESOLUTION
A RESOLUTION DECLARING THE INTENTION OF THE CITY COUNCIL OF THE CITY
OF SHREVEPORT, STATE OF LOUISIANA, THAT CERTAIN EXPENDITURES MADE IN
CONNECTION WITH THE ACQUISITION OF POLICE AND OTHER VEHICLES AND
EQUIPMENT BE REIMBURSED WITH THE PROCEEDS OF TAX-EXEMPT
BORROWINGS.
WHEREAS, the City of Shreveport, State of Louisiana (the "City") is considering the acquisition
of police and other vehicles and equipment (the "Project"); and
CONTINUED - RESOLUTION NO. 29 OF 1999
WHEREAS, the City anticipates it may make certain expenditures in connection with the Project
prior to the proceeds being available from its Certificates of Indebtedness or other tax-exempt
obligations (the "Certificates");
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shreveport, State of Louisiana, acting as the governing authority of said City, that:
SECTION 1. In accordance with the provisions of Section 1.150-1(b) of the United States Treasury Regulations, this City Council hereby declares its intention that any expenditures (from general fund or other available moneys) made in connection with the Project prior to the availability of the proceeds of the Certificates be reimbursed with the proceeds of such Certificates.
SECTION 2. Any allocation of proceeds of the Certificates for reimbursement will be with
respect to capital expenditures (as defined in Reg. 1.150-1[b]) and will be made upon delivery of
the Certificates and not later than one year after the later of (i) the date such expenditure was paid
or (ii) the date on which the Project was placed in service.
Read by title and as read motion by Councilman Shyne, seconded by Councilman Burrell passed
by the following vote: Ayes: Councilmen Stewart, Carmody, Serio, Spigener, Shyne and Burrell.
6. Nays: None. Absent: Councilman Huckaby. 1.
RESOLUTION NO. 30 OF 1999
A RESOLUTION TO RECOGNIZE MRS. JOYCE W. PRICE, THE PROGRAM DIRECTOR
OF THE STUDENT REFERRAL ALTERNATIVE CENTER AND TO OTHERWISE
PROVIDE WITH RESPECT THERETO.
BY: COUNCILMAN BURRELL
WHEREAS, Joyce W. Price is Program Director for The Student Referral Alternative Center and she organized and designed this program as the Drop Out Prevention Center in 1993; and
WHEREAS, The Student Referral Alternative Center, the first program of its kind in Louisiana, provides a safe, supervised, educational environment for students, who are suspended or expelled from traditional school in Caddo Parish; and
WHEREAS, students, who are referred to The Student Referral Alternative Center, receive attendance credit and are allowed to complete work assigned by their home school; and
WHEREAS, The Student Referral Alternative Center enhances the educational experiences of its students, and reduces truancy, juvenile crime and teen pregnancy, because students are supervised during school hours
WHEREAS, Mrs. Price is Program Director of Teach for America, where she helps place and prepare first year teachers for inner city schools; and
WHEREAS, Mrs. Price serves as a mentor at J. S. Clark Middle School and a facilitator for The Alternatives to Violence Project; and
WHEREAS, under Mrs. Price's direction, a greater awareness that new and improved teaching methods can be applied to make a positive difference in the lives of at-risk students and have been implemented throughout Caddo Parish and the State of Louisiana; and
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shreveport, in due, legal and regular session convened, that it recognizes the Student Referral Alternative Center and congratulates its Program Director, Mrs. Joyce W. Price, for service to at-risk students in our community.
BE IT FURTHER RESOLVED, that this resolution shall be executed in duplicate originals and
one original shall be presented to Joyce W. Price and an original shall be filed in perpetuity in the
Office of the Clerk of Council for the City of Shreveport.
Councilman Burrell: This is one of the programs that many times we don't always hear a lot about but it is doing so much in our neighborhoods to deal with our at-risk children. I know first hand because my kid was in this program and if it wasn't for this program, I feel that, he would have gone wayward and Ms. Price took him under her wing and straightened him out. So I got a kid, at least I can deal with, and he is doing a lot better in school; so, again, we should recognize these type programs and also the work that she has done.
Ms. Price: I'm just glad to be in a position to be able to serve the children of Caddo Parish as
well as the city of Shreveport and I appreciate you recognizing us today; thank you. Chairman
Stewart: And we appreciate you very much.
Read by title and as read motion by Councilman Burrell, seconded by Councilman Spigener
approved by the following vote: Ayes: Councilmen Stewart, Carmody, Serio, Spigener, Shyne
and Burrell. 6. Nays: None. Absent: Councilman Huckaby. 1.
Chairman Stewart: Ms. Price it was unanimous vote, obviously, but more importantly thank you from the entire Council and the City for that type of special effort, which is very critical.
Councilman Burrell: I see you have someone there next to you, is he associated with the school? Ms. Price: Yes, he is. Councilman Burrell: Who is he, Ms. Price? Mr. Charles Williams: My name is Charles Williams, and I'm Assistant to Ms. Price. Councilman Burrell: Nice having you.
Councilman Shyne: I wanted to make this statement to Councilman Roy Burrell. As a retired
teaching coach from the Caddo Parish School system, if you have any problems trying to
straighten your son out, just let me know and I'll deal with him, like we used to do; isn't that
right, Keith. Mayor Hightower: You still wearing me out. Councilman Burrell: I think I do that
quite well myself, but they were really a great help.
INTRODUCTION OF RESOLUTIONS: None.
INTRODUCTION OF ORDINANCES:
Ordinance No. 15 of 1999 by Councilman Shyne: An ordinance amending Chapter 90 of
Code of Ordinances of the City of Shreveport relative to parking by City Council
members in parking meter zones and otherwise providing with respect thereto.
2. Ordinance No. 16 of 1999: An ordinance amending the 1999 for the Community Development
Special Revenue Fund, appropriating the funds therein, and otherwise providing with respect
thereto.
Ordinance No. 17 of 1999: An ordinance amending the 1999 Police Grants Special
Revenue Fund, appropriating the funds therein, and otherwise providing with respect
thereto.
4. Ordinance No. 18 of 1999: An ordinance amending the 1999 Metropolitan Planning
Commission's Special Revenue Fund Budget, appropriating the funds therein, and otherwise
providing with respect thereto.
Ordinance No. 19 of 1999: An ordinance amending the 1999 Capital Improvements
Budget, appropriating the funds therein, and otherwise providing with respect thereto.
6. Ordinance No. 20 of 1999: An ordinance amending Article II of Chapter 74 of the Code of
Ordinances relative to solid waste collection, and otherwise providing with respect thereto.
Ordinance No. 21 of 1999 by Councilman Carmody: An ordinance to create and establish
a stop intersection at the intersection of Bernstein Street and Oakdale Street and to
otherwise provide with respect thereto.
8. Ordinance No. 22 of 1999: An ordinance enacting Chapter 2, Article IV., Division 11 of the
Code of Ordinances of the City of Shreveport, titled Fire Department Management Analyst and
otherwise providing with respect thereto.
Read by title and as read motion by Councilman Burrell, seconded by Councilman Shyne for
Introduction of the Ordinances to lay over until the February 23, 1999 meeting. Motion approved
by the following vote: Ayes: Councilmen Stewart, Carmody, Serio, Spigener, Shyne and Burrell.
6. Nays: None. Absent: Councilman Huckaby. 1.
ORDINANCES ON SECOND READING AND FINAL PASSAGE:
Ordinance No. 1 of 1999: An ordinance amending the 1999 General Fund Budget,
appropriating the funds authorized therein, and otherwise providing with respect thereto.
Having passed first reading on January 12, 1999, was read by title and as read on motion ordered
passed to third reading. Read the third time in full and as read motion by Councilman Shyne,
seconded by Councilman Carmody for adoption. The Deputy Clerk read the following
amendments:
Amendment No. 1:
Under General Government decrease Operating Reserve by $10,000 and increase Other Charges
by $10,000.
Motion by Councilman Shyne, seconded by Councilman Carmody for adoption of Amendment
No. 1. Motion approved by the following vote: Ayes: Stewart, Carmody, Serio, Spigener, Shyne
and Burrell. 6. Nays: None. Absent: Councilman Huckaby. 1.
Amendment No. 2:
In Section 2, Appropriations:
Decrease General Government - Operating Reserve by $2,930,000.
Increase Police - Improvements and Equipment by $2,930,000.
Motion by Councilman Shyne, seconded by Councilman Carmody for adoption of Amendment
No. 2. Motion approved by the following vote: Ayes: Stewart, Carmody, Serio, Spigener, Shyne
and Burrell. 6. Nays: None. Absent: Councilman Huckaby. 1.
Motion by Councilman Shyne, seconded by Councilman Burrell for adoption of the ordinance as
amended. Motion approved by the following vote: Ayes: Stewart, Carmody, Serio, Spigener,
Shyne and Burrell. 6. Nays: None. Absent: Councilman Huckaby. 1.
Mayor Hightower: Thank you for the vote of confidence. I know the Police Department will certainly appreciate that. The other thing I would like to comment on is, we at the request of the Chair, we did take a look at possible video equipment for those cars so at some point we may want to come back, because that dollar figure is not representative of what we just asked you to do, so we may want to come back, Councilman Stewart, and take you up on your recommendation. We'll come back as soon as we know a little bit more.
Councilman Shyne: Mr. Mayor, I did show a vote of confidence because of you and the Chief.
And Chief I hope you don't mind me saying this, but you are a friend of mine. I would like the
opportunity to get with you in the near future, to discuss with you maybe about some programs
that you have in place already or putting some programs in place where we could look at maybe
giving our officers some training in how to defuse potential hostile environment situations. I
have gone to quite a few community meetings around town, and it seems like this is something
that they are asking for and you being one of the most innovative and progressive law
enforcement officials in this country, I know you and I can sit down and have a very good
discussion on that.
Ordinance No. 2 of 1999: An ordinance authorizing the donation of certain city owned
immovable property located at 5511 Bienville to Hibernia Community Development
Corporation and to otherwise provide with respect thereto.
Having passed first reading on January 12, 1999, was read by title and as read on motion ordered
passed to third reading. Read the third time in full and as read motion by Councilman Burrell,
seconded by Councilman Shyne adopted by the following vote: Ayes: Councilmen Stewart,
Carmody, Serio, Spigener, Shyne and Burrell. 6. Nays: None. Absent: Councilman Huckaby.
1.
Ordinance No. 8 of 1999: An ordinance rescinding and revoking the Rosewood Estates
Subdivision, and closing and abandoning the streets and easements, save and except for
Border lane, dedicated in said subdivision plat as per map book 1750, pages 275 and 277,
of the Conveyance Records of Caddo Parish, Louisiana and to otherwise provide with
respect thereto.
Having passed first reading on January 26, 1999, was read by title and as read on motion ordered
passed to third reading. Read the third time in full and as read motion by Councilman Burrell,
seconded by Councilman Serio adopted by the following vote: Ayes: Councilmen Stewart,
Carmody, Serio, Spigener, Shyne and Burrell. 6. Nays: None. Absent: Councilman Huckaby.
1.
Ordinance No. 9 of 1999: An ordinance amending Chapter 106 of the Code of
Ordinances, the City of Shreveport Zoning Ordinance, by rezoning property located on
the north side of Hearne Avenue, 300 feet east of Forum Drive, Shreveport, Caddo
Parish, Louisiana, from I-1, Light Industry District to R-3, Urban, Multi-Family
Residence District, and to otherwise provide with respect thereto.
Councilman Shyne: I would like to move to postpone. Chairman Stewart: That's in Mr.
Huckaby's and that is at his request, is that correct, sir? Councilman Shyne: Yes, sir.
Having passed first reading on January 26, 1999, was read by title and as read on motion ordered
passed to third reading. Read the third time in full and as read motion by Councilman Shyne,
seconded by Councilman Carmody to postpone the ordinance until the February 23, 1999
meeting. Motion approved by the following vote: Ayes: Councilmen Stewart, Carmody, Serio,
Spigener, Shyne and Burrell. 6. Nays: None. Absent: Councilman Huckaby. 1.
5. Ordinance No. 10 of 1999: An ordinance amending Chapter 106 of the Code of Ordinances,
the City of Shreveport Zoning Ordinance, by rezoning property located on the southwest corner
of Fairfield Avenue and Boulevard, Shreveport, Caddo Parish, Louisiana, from SPI-1-E,
Highland Urban Conservation/Extended Use District limited to a bed and breakfast, to SPI-1-E,
Highland Urban Conservation/Extended Use District limited to a sleep disorder clinic as
presented, and to otherwise provide with respect thereto.
Councilman Stewart: I recommend passage of this based on a recommendation from the
Metropolitan Planning Commission.
Having passed first reading on January 26, 1999, was read by title and as read on motion ordered
passed to third reading. Read the third time in full and as read motion by Councilman Serio,
seconded by Councilman Carmody adopted by the following vote: Ayes: Councilmen Stewart,
Carmody, Serio, Spigener, Shyne and Burrell. 6. Nays: None. Absent: Councilman Huckaby.
1.
6. Ordinance No. 11 of 1999: An ordinance amending Chapter 106 of the Code of Ordinances,
the City of Shreveport Zoning Ordinance, by rezoning property located on the north side of
Drexel, 125 feet east of Line Avenue, Shreveport, Caddo Parish, Louisiana, from R-1D, Urban,
One Family Residence District to B-1, Buffer Business District and to otherwise provide with
respect thereto.
Having passed first reading on January 26, 1999, was read by title and as read on motion ordered
passed to third reading. Read the third time in full and as read motion by Councilman Carmody,
seconded by Councilman Shyne adopted by the following vote: Ayes: Councilmen Stewart,
Carmody, Serio, Spigener, Shyne and Burrell. 6. Nays: None. Absent: Councilman Huckaby.
1.
Ordinance No. 12 of 1999: An ordinance amending the 1999 budget for the Riverfront
Development Special Revenue fund, appropriating the funds therein, and otherwise
providing with respect thereto.
Having passed first reading on January 26, 1999, was read by title and as read on motion ordered
passed to third reading. Read the third time in full and as read motion by Councilman Shyne,
seconded by Councilman Burrell adopted by the following vote: Ayes: Councilmen Stewart,
Carmody, Serio, Spigener, Shyne and Burrell. 6. Nays: None. Absent: Councilman Huckaby.
1.
The adopted Ordinances, as amended, follow:
ORDINANCE NO. 1 OF 1999
AN ORDINANCE AMENDING THE 1999 GENERAL FUND BUDGET, APPROPRIATING
THE FUNDS AUTHORIZED THEREIN, AND OTHERWISE PROVIDING WITH RESPECT
THERETO.
WHEREAS, Article 4, Section 4.18 of the City Charter of the City of Shreveport provides for the amendment of a previously adopted budget; and
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Shreveport, in due,
legal session CONTINUED - ORDINANCE NO. 1 OF 1999
convened, that Ordinance No. 193 of 1998 the 1999 General Fund Budget, as amended, be
further amended and reenacted as follows:
Under Appropriations : Police
Other Charges is decreased by $245,000; Improvement and Equipment is increased by like
amount.
Under General Government decrease Operating Reserve by $10,000 and increase Other Charges
by $10,000.
In Section 2, Appropriations:
Decrease General Government - Operating Reserve by $2,930,000.
Increase Police - Improvements and Equipment by $2,930,000.
BE IT FURTHER ORDAINED that paragraphs 3, 4, 5, 6, 7 and 8 of Ordinance No. 193 of 1998 are hereby reenacted.
BE IT FURTHER ORDAINED that if any provision or item of this ordinance or the application
thereof is held invalid, such invalidity shall not affect other provisions, items, or applications of
this ordinance which can be given effect without the invalid provisions, items, or applications;
and to this end, the provisions of this ordinance are hereby repealed.
_____________________________
John David Stewart, Chairman
_____________________________
Arthur G. Thompson, Clerk of Council
ORDINANCE NO. 2 OF 1999
AN ORDINANCE AUTHORIZING THE DONATION OF CERTAIN CITY OWNED
PROPERTY LOCATED AT 5511 BIENVILLE AVENUE TO EASTER CALDWELL AND TO
OTHERWISE PROVIDE WITH RESPECT THERETO.
WHEREAS, the City of Shreveport has acquired title to that certain piece of immovable property located at 5511 Bienvillle Avenue, Shreveport, Caddo Parish, Louisiana; and,
WHEREAS, the City of Shreveport acquired this property for use in its Affordable Housing Program; and,
WHEREAS, the City of Shreveport desires to donate the house located on this immovable property to Easter Caldwell, a participant in the Affordable Housing Program administered by the Department of Community Development; and,
WHEREAS, the house located at 5511 Bienville Avenue will be moved and relocated onto property owned by Easter Caldwell at 4410 Carl Terrace Street, where the City of Shreveport will rehabilitate it in accordance with the Affordable Housing Program; and,
WHEREAS, this donation serves a public purpose and will provide a public service by providing safe, decent and affordable housing to the needy; and,
WHEREAS, this donation will be made in accordance with the Louisiana Constitution and City ordinances.
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Shreveport in due, regular and legal session convened, that the City of Shreveport is hereby authorized to donate the house located on property at 5511 Bienville Avenue to Easter Caldwell.
BE IT FURTHER ORDAINED that the donation of this house is conditioned upon Easter Caldwell participating in the City of Shreveport's Affordable Housing Program.
BE IT FURTHER ORDAINED that the Mayor is authorized to execute any and all documents necessary to donate the house located at 5511 Bienville Avenue to Easter Caldwell.
BE IT FURTHER ORDAINED that if any provision or item of this ordinance or the application thereof is held invalid, such invalidity shall not affect other provisions, items or applications of this ordinance which can be given effect without the invalid provisions, items or applications and to this end the provisions of this ordinance are hereby declared severable.
BE IT FURTHER ORDAINED that all ordinances or resolutions or parts thereof in conflict
herewith are hereby repealed.
_____________________________
John David Stewart, Chairman
_____________________________
Arthur G. Thompson, Clerk of Council
ORDINANCE NO. 8 OF 1999
AN ORDINANCE RESCINDING AND REVOKING THE ROSEWOOD ESTATES
SUBDIVISION, AND CLOSING AND ABANDONING THE STREETS AND EASEMENTS,
SAVE AND EXCEPT FOR BORDER LANE, DEDICATED IN SAID SUBDIVISION PLAT
AS PER MAP BOOK 1750, PAGES 275 AND 277, OF THE CONVEYANCE RECORDS OF
CADDO PARISH, LOUISIANA, AND TO OTHERWISE PROVIDE WITH RESPECT
THERETO.
BE IT ORDAINED by the City Council of the City of Shreveport, in due, legal, and regular
session convened, that the plat of Rosewood Estates Subdivision, as filed and recorded in Book
1750, Pages 275 and 277, of the Conveyance records of Caddo Parish, Louisiana, is hereby
rescinded and revoked, and all the streets and easements, save and except for Border Lane, as
dedicated on said plat, are hereby closed and abandoned, and said subdivided ground and streets,
except for Border Lane, is hereby declared to be unplatted tracts of land in the NW/4 of Section
CONTINUED - ORDINANCE NO. 8 OF 1999
13 (T17N-R15W), Shreveport, Caddo Parish, Louisiana, and be it ordained that certain water and sewer main easements acquired by the City in Book 1246, Page 461, and Book 1929, Page 209, of the Conveyance Records are not affected by these closures and abandonments and remain reserved to the City of Shreveport.
BE IT FURTHER ORDAINED that a certified copy of this ordinance be filed and recorded in the official records of the District Court for Caddo Parish, Louisiana.
BE IT FURTHER ORDAINED that if any provision or item of this ordinance or the application thereof is held invalid, such invalidity shall not affect other provisions, items or applications of this ordinance which can be given effect without the invalid provisions, items or applications and to this end the provisions of this ordinance are hereby declared severable.
BE IT FURTHER ORDAINED that all ordinances or resolutions or parts thereof in conflict
herewith are hereby repealed.
______________________________
John David Stewart, Chairman
_______________________________
Arthur G. Thompson, Clerk of Council
ORDINANCE NO. 10 OF 1999
AN ORDINANCE AMENDING CHAPTER 106 OF THE CODE OF ORDINANCES, THE
CITY OF SHREVEPORT ZONING ORDINANCE, BY REZONING PROPERTY LOCATED
ON THE SW CORNER OF FAIRFIELD AVENUE AND BOULEVARD, SHREVEPORT,
CADDO PARISH, LOUISIANA, FROM SPI-1-E, HIGHLAND URBAN
CONSERVATION/EXTENDED USE DISTRICT LIMITED TO A BED AND BREAKFAST,
TO SPI-1-E, HIGHLAND URBAN CONSERVATION / EXTENDED USE DISTRICT
LIMITED TO A "SLEEP DISORDER CLINIC" AS PRESENTED, AND TO OTHERWISE
PROVIDE WITH RESPECT THERETO
SECTION I: BE IT ORDAINED by the City Council of the City of Shreveport, Caddo Parish, Louisiana, in due, legal and regular session convened, that the zoning classification of Lots 9-11, Tuxedo Park Subdivision, Block 4, Shreveport, Caddo Parish, Louisiana, property located on the SW corner of Fairfield Avenue and Boulevard, be and the same is hereby changed from SPI-1-E, Highland Urban Conservation/Extended Use District limited to a bed and breakfast, to SPI-1-E, Highland Urban Conservation/Extended Use District limited to a "sleep disorder clinic" as presented.
SECTION II: THAT the rezoning of the property described herein is subject to compliance with
the following stipulations:
1. Final landscaping, signage, and revised site plan showing hard surfaced parking and a 6' solid
wood fence from the front point of the house, west, along the south property line, and north,
along the west property line to a point 15' from the side property line on Boulevard, to be
submitted to and approved by the Planning Director prior to the issuance of any permits.
2. Development shall be in substantial accord with the final approved site plan, signage plan, and
landscaping plan approved by the Planning Director.
3. Non-residential uses are limited to a sleep disorder clinic which will operate as a medical
office during the daytime, with office hours limited to 7 a.m. to 5:30 p.m., and as a facility to
monitor up to, but no more than, four sleep disorder patients, between the hours of 7 p.m. and 7
a.m.
4. The sleep disorder clinic shall be limited to 5 employees during the daytime office hours and
no more than 3 technicians during nighttime sleep monitoring hours. Potential patients will not
be seen or interviewed at this location during office hours.
5. No changes shall be made to the exterior facades of the present structure visible from Fairfield
or Boulevard.
BE IT FURTHER ORDAINED that if any provision or item of this ordinance or the application thereof is held invalid, such invalidity shall not affect other provisions, items, or applications of this ordinance which can be given effect without the invalid provisions, items, or applications and to this end the provisions of this ordinance are hereby declared severable.
BE IT FURTHER ORDAINED that all ordinances or parts thereof in conflict herewith are
hereby repealed.
__________________________________
John David Stewart, Chairman
__________________________________
Arthur G. Thompson, Clerk of Council
ORDINANCE NO. 11 OF 1999
AN ORDINANCE AMENDING CHAPTER 106 OF THE CODE OF ORDINANCES, THE
CITY OF SHREVEPORT ZONING ORDINANCE, BY REZONING PROPERTY LOCATED
ON THE NORTH SIDE OF DREXEL, 125 FEET EAST OF LINE AVENUE, SHREVEPORT,
CADDO PARISH, LOUISIANA, FROM R-1D, URBAN, ONE-FAMILY RESIDENCE
DISTRICT TO B-1, BUFFER BUSINESS DISTRICT, AND TO OTHERWISE PROVIDE
WITH RESPECT THERETO
SECTION I: BE IT ORDAINED by the City Council of the City of Shreveport, Caddo Parish,
Louisiana, in due, legal and regular session convened, that the zoning classification of Lot 167,
Southern Heights Subdivision, Shreveport, Caddo Parish, Louisiana, property located on the
north side of Drexel, 125 feet east of Line Avenue, be and the same CONTINUED -
ORDINANCE NO. 11 OF 1999
is hereby changed from R-1D, Urban, One-Family Residence District to B-1, Buffer Business District.
SECTION II: THAT the rezoning of the property described herein is subject to compliance with
the following stipulation:
1. Development to be in substantial accord with the site plan submitted, with any significant
changes or additions to be submitted to and approved by the Planning Commission.
BE IT FURTHER ORDAINED that if any provision or item of this ordinance or the application thereof is held invalid, such invalidity shall not affect other provisions, items, or applications of this ordinance which can be given effect without the invalid provisions, items, or applications and to this end the provisions of this ordinance are hereby declared severable.
BE IT FURTHER ORDAINED that all ordinances or parts thereof in conflict herewith are
hereby repealed.
_____________________________
John David Stewart, Chairman
_______________________________
Arthur G. Thompson, Clerk of Council
ORDINANCE NO. 12 OF 1999
AN ORDINANCE AMENDING THE 1999 BUDGET FOR THE RIVERFRONT
DEVELOPMENT SPECIAL REVENUE FUND, APPROPRIATING THE FUNDS THEREIN,
AND OTHERWISE PROVIDING WITH RESPECT THERETO.
WHEREAS, Article 4, Section 4.18 of the City Charter provides for the amendment of a previously adopted budget; and
WHEREAS, the City Council finds it necessary to amend the 1999 budget for the Riverfront Development Special Revenue Fund, in order to appropriate additional funds for the Sci-Port Discovery Center.
NOW, THEREFORE, BE IT ORDAINED, by the City Council of the City of Shreveport, in
legal session convened, that Ordinance No. 203 of 1998, the 1999 Riverfront Development
Special Revenue Fund budget, be amended and re-enacted as follows:
In Section 2, Appropriations, increase Other Charges by $70,000 and decrease Operating
Reserves by $70,000.
BE IT FURTHER ORDAINED that paragraphs 3, 4, and 5 of Ordinance No. 203 of 1998 are hereby re-enacted.
BE IT FURTHER ORDAINED that if any provision or item of this ordinance or the application
thereof is held invalid, such invalidity shall not affect other provisions, items, or applications of
this ordinance which can be given effect without the invalid provisions, items, or applications;
and to this end, the provisions of this ordinance are hereby declared severable.
_______________________________
John David Stewart, Chairman
_______________________________
Arthur G. Thompson, Clerk of Council
UNFINISHED BUSINESS. These items remained tabled:
Ordinance No. 210 of 1998: To repeal Sec. 10-143, relative to sale for consumption
prohibited at places where gasoline or motor fuel is sold. (D/Serio) (Tabled on Jan. 11)
Ordinance No. 211 of 1998: ZONING: C-64-98, QUERBES LAND CO; N side of E
70th St. between Sand Beach Bayou and Bayou Pierre from R-A to B-2 and B-3, shopping
center. (C/Carmody) (Tabled on 11-10-98) and (Postponed on Nov. 24)
NEW BUSINESS:
BAC-1-99, MARK L. MCDOWELL, 235 Wall St., variance in the hours of operation in a
B-3 District; lounge operating until 2:00 a.m. (B/Stewart)
Motion by Councilman Stewart to uphold the recommendation of the Zoning Board of Appeals,
seconded by Councilman Shyne.
Chairman Stewart: My understanding is that the ZBA recommended by a vote of 4-3 that we appeal, which was to reverse it, the decision, am I saying this correctly. Ms. Battle: This is the second time this case has been heard. Originally, it was approved to have a lounge at this location, but the request to have extended hours was denied. It has since come back and applied for the extension of the hours, that is what was approved by the ZBA by this 4-3 vote. Chairman Stewart: It was 4-3, right? Ms. Battle: That is correct and the residents have appealed it to the Council.
Chairman Stewart: So the appropriate motion then, to uphold the decision of the ZBA? Ms. Battle: If you want the extended hours, yes sir? Chairman Stewart: And that was a vote passed by a vote of 4-3? Ms. Battle: That's correct. Ms. Battle: The residents have appealed it to the Council.
Chairman Stewart: So the appropriate motion then, to uphold the decision of the ZBA? Ms. Battle: If you want the extended hours, yes sir.
Chairman Stewart: And that was a vote passed by a vote of 4-3.
Councilman Serio: The property in question, how was it zoned? Ms. Battle: It is zoned B-3? Councilman Serio: The extended hours, does that fall in line with B-3 zoning? Ms. Battle: B-3 hours allows 7 a.m. until Midnight and the request was until 2 a.m. Councilman Serio: But it is a B-3 zone? Ms. Battle: Yes.
Councilman Stewart: I recommend, so that we have an understanding while she is here, that we approve the extension of the hours which is what was recommended by a vote of 4-3. As a matter of record for the Council, during the prior Administration, this issue came forward also. And it was recommended that the hours be held to the original hours and I followed the direction at that time. And that is consistent with, I'm not trying to defend as much as explain the position I took in 1991 that, absent anything to the contrary, I would follow those directions. I am certainly not trying to influence anyone here, but that has been my basis after my discussions with Mr. Kirkland and others. My recommendation is that we pass, uphold the decision of the ZBA.
Councilman Shyne: You've influenced me. Chairman Stewart: May be the first time in my life.
Motion approved by the following vote: Councilmen Stewart, Carmody, Serio, Spigener, Shyne
and Burrell. 6. Nays: None. Absent: Councilman Huckaby. 1.
REPORTS FROM OFFICERS, BOARDS, AND COMMITTEES: None.
CLERK'S REPORT: None.
COMMUNICATIONS AND MISCELLANEOUS MATTERS.
The Council resolved itself into Committee of the Whole, on motion by Councilman Spigener, seconded by Councilman Burrell. Motion approved by the following vote: Ayes: Councilmen Stewart, Carmody, Spigener, Serio, Shyne and Burrell. 6. Nays: None. Absent: Councilman Huckaby. 1.
Motion by Councilman Burrell, seconded by Councilman Serio that the Committee Rises and Report and convene itself as the Council. Motion approved by the following vote: Ayes: Councilmen Stewart, Carmody, Spigener, Serio, Shyne and Burrell. 6. Nays: None. Absent: Councilman Huckaby. 1.
There being no further business to come before the Council, the Regular Meeting adjourned at
4:30 p.m.
_______________________________
John David Stewart, Chairman
_______________________________
Arthur G. Thompson, Clerk of Council